Terms of Service Shapeways Shops and Co-Creator
You can find the general site Terms and Conditions here.
You can find the developer and API terms here.
Last Updated: February 22, 2016
For archived versions 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, the “Shop Owner Conditions”) govern your use of your shop and co-creator models on www.shapeways.com (the “Shapeways Website” or “Website”), any mobile applications, and the services, features, and content we offer (collectively “Shapeways Services” or “Services”). These Services include a hosted ecommerce service, which enables you to open an online shop on www.shapeways.com and promote and sell your own 3D designs. Any new features or tools which are added to the Services will also be subject to these Shop Owner Conditions.
By offering models to the public via the Services you acknowledge you have read, understood, and agree to be bound by these Shop Owner Services and to comply with all applicable laws and regulations. If you do not agree with these Shop Owner Conditions, you should not use the Website or Services. To the extent that there is a conflict between these Shop Owner Conditions and the standard Shapeways Terms and Conditions, Privacy Statement, and/or Content Policy, this agreement shall control.
Description of Service
The Shapeways Shop Service is a hosted ecommerce service, which enables you to open an online shop on www.shapeways.com and promote and sell your own 3D designs. In the CoCreator platform you can use various tools to accept and fulfill orders for a tailor-made version of your 3D models. For more information, please see Shapeways shop tutorial and the Co-Creator Customization tutorial. You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. We do not warrant that the use of the Services will be uninterrupted or error free and therefore disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Service.
Modifications to the Service and Prices
We reserve the right to modify, suspend or discontinue the Service with or without notice at any time and without any liability to you. . We reserve the right to modify your listings on the Service including titles, descriptions, tags, and other elements if we determine that doing so is necessary to comply with any of the requirements of these Terms. We reserve the right to charge for the Service. Prices for using the Service are subject to change. Notice of such change may be provided at any time by posting the changes to the Service on www.shapeways.com. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. If we terminate your account because you have breached these Terms of Service, you shall not be entitled to any refund or unpaid markup related to the breach.
You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use Shapeways.com only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason, and to withhold any unpaid fees if such fees are related to a violation of these or any other Shapeways policies.
Representations and Warranties
You represent and warrant that (a) all of the information provided by you to us to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms of Service and to perform the acts required of you hereunder.
You agree that you will use the Service in compliance with all applicable laws, rules and regulations. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Service to upload, promote, sell, transmit or otherwise distribute any design or other content that is abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or otherwise unlawful; or (ii) upload, promote, sell, transmit or otherwise distribute designs or other content that infringe upon another party's intellectual property rights or other proprietary or contractual rights or obligations. All uploads to the Service must comply with the Shapeways Content Policy.
You agree to comply with the mature content tagging requirements of the Shapeways Content Policy.
Violation of any of the foregoing may result in immediate termination of these Terms of Service. We further expressly preserve the right to monitor your designs and other content and to remove, in our own discretion, any design or other content from your web shop, as well as the web shop itself.
Notwithstanding the above, we have no obligation to review your designs or other content and can in no way be held responsible for such content.
Orders Placed Via the Service
By uploading products in your shop, including your CoCreator models, you allow us and grant us the right to sell these products to any customer.
By uploading your 3D model as a CoCreator model, you also commit to make modified/personalized versions of your uploaded model based on the order of a customer and/or allow the customer to make modified/personalized versions of your uploaded model. The resulting models will be subject to these Terms of Service and the Shapeways Content Policy.
If you list your 3D model as a manual CoCreator model, you shall fulfill an order of a customer for a CoCreator model by redesigning your model placed in the CoCreator in accordance with the specifications provided by the customer and providing such new model to us within the period of time you communicated to the customers in your Shapeways online shop. In case you fail to provide such new CoCreator model to fulfill a specific order within the indicated period of time, we have the right to terminate your entire shop account or any part of it.
You acknowledge that in order to provide a consistent experience for customers in your shop, any and all orders for the supply of your products placed via your shop shall be solely governed by our general terms and conditions. You further acknowledge that this consistency of customer experience serves to benefit you as a shop owner. No additional terms included by you in your shop shall be binding upon customers or Shapeways.
Pricing your Designs
When you upload a model to Shapeways, we will provide you a standard price that includes our fees, except for transaction fees, for selling the 3D print of the design and fulfilling the order made via your shop. You determine the final price for the model displayed to customers by setting the markup for each model via the shop owner interface. When you sell an item, we keep the standard price and we send you the markup. An additional 3.5% transaction fee (the “Markup Fee”) will be charged on all earned markups and reflected in your markup payable statement in the shop owner portal. For example, if you markup a design by US$20, an additional fee of US$0.70 will be charged (that is 3.5% of the US$20). We charge this fee to cover our administrative costs and payment provider costs.
SHAPEWAYS EXCLUSIVLY USES PAYPAL TO TRANSFER MARKUP PAYMENTS TO SHOP OWNERS. DO NOT OPEN A SHAPEWAYS SHOP IF YOU LIVE IN A COUNTRY WHERE PAYPAL WILL NOT ALLOW YOU TO RECEIVE FUNDS FROM THE UNITED STATES. SHAPEWAYS WILL NOT PAY OR HOLD MARKUPS ON SALES IN SHOPS WITHOUT A PAYPAL ACCOUNT ABLE TO RECEIVE FUNDS FROM THE UNITED STATES OR THE NETHERLANDS. BY AGREEING TO THESE TERMS YOU AGREE TO FORFEIT ANY MARKUP EARNED BUT NOT PAYABLE DUE TO AN INELIGABLE PAYPAL ACCOUNT.
We will pay your accrued shop markups, less the Markup fee, to the valid PayPal account you provide to us via your shop owner account settings, on the 15th of each calendar month if there is a minim accrued balance of $30. This payment will include all markups earned up until 11:59PM UTC on the 14th of that month. Please be aware that if you earn less than US$30, before the Markup Fee and before VAT (if applicable) then the amount will not be paid, but will accrue to your account until such time as it becomes equal to or greater than US$30. If you or we terminate your account and / or close your shop, and you have less than US$30 in accrued but unpaid markups, we will send you your final payment on the next 15th day of a month.
If we pay you a markup for a model that is later returned or refunded for a reason that Shapeways determines is the result of your action or design, Shapeways will deduct the value of that markup from future payments. If future payments are unavailable for such action, Shapeways may require you to return the value of the markup for the returned or refunded model.
If we pay you a markup for a model that is later determined to be in violation of the Shapeways content policy, Shapeways will deduct the value of that markup from future payments. If future payments are unavailable for such action, Shapeways may require you to return the value of the markup.
If we determine that we have erroneously paid you a markup for any reason, Shapeways will deduct the value of that markup from future payments. If future payments are unavailable for such action, Shapeways may require you to return the value of the erroneous payment.
If we are unable to provide you with payment because you provided us with incorrect PayPal account information or if you supplied a PayPal account for a country which we cannot send payment (per PalPal dictated restrictions), we will attempt to contact you to obtain correct or valid PayPal account information. If we are unable to obtain corrected information within 90 days of our first attempt to remit payment, you forfeit all rights to that payment and any future payments generated until you provide us with correct information.
It is your responsibility to determine what, if any, taxes apply to the payments you receive from us, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. We are not responsible for determining whether taxes apply to the transactions made via the Services, or for collecting, reporting or remitting any taxes arising from any payments made to you for products sold through your shop.
In accordance with relevant law, Shapeways and/or the Shapeways payment processors may report accounts with gross payments over $20,000 and over 200 separate payments in a calendar year to tax authorities.
We will own any and all personal data processed via the Service, which data processing will be subject to our the Shapeways privacy statement. We are under no obligation to share any customer data with you.
We acknowledge that the 3D source files of your designs must be considered as proprietary and confidential information. We will therefore hold your 3D source files confidential and not disclose your 3D source files to any third party unless (i) that third party has been engaged by us for the purpose of manufacturing 3D prints of your designs or evaluating technology for the 3D printing of your designs (in which case we shall enter into confidentiality undertakings with such third party in order to protect the confidentiality of your 3D source files); (ii) we are required to as part of a lawful request, at which point such disclosure will be handled in accordance with the Shapeways Privacy Statement; (iii) the disclosure is related to the purposes set out the “Access and Disclosure” section of the Shapeways Privacy Statement; or (iv) you grant us explicit permission to do so.
Your Intellectual Property Rights
In addition to the grants outlined in the Intellectual Property Rights of 3D Designs section of the Shapeways Terms and Conditions, you grant us the right to use images and prints of the 3D designs that you have uploaded for the marketing and promotion of our company and/or its services, e.g. in flyers, brochures, websites and mailings. This grant includes our right to sublicense the right to third parties (i.e. a third party printing a brochure) in order to achieve the marketing and promotional purposes. By removing the relevant 3D design from your shop you terminate all the licenses granted to us under these Terms of Service except for (i) the license to use your 3D source files for the sole purpose of manufacturing 3D prints of your designs to fulfill orders of your design that were made before the removal of your 3D design; and (ii) the license to use images of your designs for marketing and promotional purposes for the period that we reasonably need to phase out any existing marketing and promotion materials.
Our Intellectual Property Rights
Copyright and all other proprietary rights in the Service (including but not limited to software, audio, video, text and photographs and excluding all your content) rests with Shapeways, Inc. and its affiliated companies or its licensors. All rights in the content not expressly granted herein are reserved. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service.
Product Warranty and Product Liability
In addition to the statements incorporated by reference in the Warranty; Disclaimer section of the Shapeways Terms and Conditions, the following terms apply to models uploaded to your shop.
As the designer of a model uploaded to Shapeways, you acknowledge that the buyers of your products may be entitled to certain warranty rights under the legislation of the countries where they live. Notwithstanding the fact that the sales agreement for your products shall be between us and such buyers, you will be solely responsible for the fulfillment of such warranty rights.
Furthermore, you maintain sole legal responsibility for the design specifications and performance of any model uploaded to Shapeways.
Besides your responsibilities set forth above, you will be responsible for any quality claims related to your CoCreator model. If we find, at our discretion, that a CoCreator model, designed by you on the basis of a customer’s specifications or designed by a customer based on an automated process structured by you, does not meet certain quality level defined by us, or in case of a claim received from a consumer, we are entitled to require you, and you shall, redesign such CoCreator model, so that it meet our quality requirements and it meet the specifications of the relevant customer.
In case we decide to cancel the customer's order due to a quality claim or for any other reason, we will not pay you the markup for such a CoCreator model.
Disclaimer / Limitation of Liability
These Terms of Service set out the full extent of our obligations and liabilities in respect of the Service. SAVE AS SET OUT IN THIS AGREEMENT AND IN THE SHAPEWAYS TERMS AND CONDITIONS, THERE ARE NO WARRANTIES, CONDITIONS OR OTHER TERMS THAT ARE BINDING ON US REGARDING THE SUPPLY OF SERVICE EXCEPT AS EXPRESSLY STATED IN THESE TERMS OF SERVICE. ANY WARRANTY, CONDITION OR OTHER TERM ARISING OUT OF OR IN CONNECTION WITH THE SERVICE WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED INTO THESE TERMS OF SERVICE BY STATUTE, COMMON LAW, LAWS APPLICABLE IN THE COUNTRY WHERE YOU ARE LOCATED (INCLUDING WITHOUT LIMITATION ANY IMPLIED TERM AS TO QUALITY, FITNESS FOR PURPOSE, REASONABLE CARE AND SKILL) ARE HEREBY EXPRESSLY EXCLUDED.
Nothing in these Terms of Service shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.
WE WILL NOT BE LIABLE UNDER THESE TERMS OF SERVICE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE. OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY US FOR THE USE OF THE SERVICES.
Cancellation and Termination
You may cancel your use of the Service and/or terminate these Terms of Service with or without cause at any time by providing notice to us. We may at any time and for any reason terminate the Service, terminate these Terms of Service, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
These Terms of Service shall be governed by the laws of New York, USA without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than New York, USA. Any and all disputes arising from these Terms of Service, including disputes relating to the validity thereof, and any disputes related to the use of the Service, shall be brought in the federal and state courts located New York County, New York, USA. The United Nations Convention on the International Sale of Goods shall not apply to the Shapeways Services or Website or relating to the models ordered and delivered.
Changes to These Terms
We reserve the right to change these Terms of Service from time to time and will post any revisions on our Website and may also provide notice to you through the service or via email. Therefore we encourage you to check the Website often to read the latest version. All transactions are subject to the Terms of Service in effect at the time of the transaction.