Design With Shapeways Terms and Conditions
Last updated November 8, 2018. For archived versions of this agreement click here.
The following are terms and conditions of a legal agreement between you and Shapeways, Inc. and its affiliates (collectively, “Shapeways”, “we”, “us”, or “our”). These terms and conditions (collectively with Shapeways’ standard terms and conditions, privacy statement, and content policy, all of which may be amended from time to time, the “Design Terms and Conditions”) govern your use of the design services offered or facilitated by Shapeways (the “Design Services”). By using the Design Services you acknowledge you have read, understood, and agree to be bound by these Design Terms and Conditions.
Design Services
The Design Services are intended to assist you in transforming an idea into a 3D printed object. By using the Design Services you warrant that you have all rights and permissions required to complete your Design Service request. After selecting a project category you will be presented with one or more pricing options. By paying the amount specified by the quote you are accepting the offer it makes for design services under the terms contained in the quote. The terms of the quote cannot be modified without express written agreement from Shapeways.
Deposit
The price or prices offered to you as part of Design with Shapeways are based on the project category selected by you during the onboarding process. They serve as a non-refundable deposit for the Design Services and are not guaranteed to be the total price for the Design Services. Shapeways reserves the right to increase the total cost of the Design Services at any time. Shapeways reserves the right to condition the Design Services upon payment of additional fees. In the event that Shapeways requires additional payment in order to engage in or complete the Design Services, Shapeways may offer you the ability to cancel your order and receive a refund. If the Design Services have already begun and you cancel your order, 1) Shapeways reserves the right to reduce the value of your refund to reflect the time spent by Shapeways on the Design Services, and 2) Shapeways may elect to provide you with an in-progress version of the design file.
Information You Share
You are responsible to ensure that all information provided to us is accurate and complete. You acknowledge that Shapeways shall not be held responsible for errors that are the result of inaccurate or incomplete information. You also acknowledge that you and you alone are responsible for evaluating if a design provided by Shapeways is fit for any specific purpose or application.
By sharing information with us you grant us permission to use that information to prepare your design and to contact you about your design. This permission may include sharing your information with third parties to facilitate the design. Any such sharing will be governed by the Shapeways Privacy Statement. You also grant us a us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license, and allow us to retain such license after any transfer of rights to you, to use that information and any designs or other works derived from that information to evaluate and improve the operation of the Design Services. This includes the ability to use elements of your design to facilitate the creation of other designs, and to sublicense those elements to third parties. This license also includes the ability to evaluate and improve the operation of third party services that are incorporated into the Design Services.
Rights in Design Files
Upon full payment and completion of the order, and with the exception of any rights, permissions, and licenses granted to us by you as part of the Design Services and this Agreement, Shapeways assigns to you all ownership and rights in the design and design file.
No Warranty
You are responsible for verifying that any designs produced as part of the Design Services are correct and fit for purpose. THE DESIGN SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE DESIGN SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE DESIGN SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE DESIGN SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE DESIGN SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Shapeways does not guarantee that the Design Services will be provided in a specified timeframe. Shapeways is not liable for any loss or damage from a delay in delivering Design Services.
Cancellation
Once you have submitted payment you cannot cancel your order for Design Services without the consent of Shapeways. If you fail to respond to questions or requests from Shapeways or Shapeways partners in a reasonable period of time as determined by Shapeways, Shapeways reserves the right to suspend or cease design work. In such cases Shapeways may, but is not required to, elect to provide you with any design files produced up to that point.
Shapeways may cancel this agreement at any time for any reason. If Shapeways elects to cancel this agreement at any time Shapeways will 1) return a prorated portion of the design fee determined by Shapeways and 2) if Shapeways determines it to be feasible, provide you with an in-progress version of the design files.
