Terms of Service
Last Updated – 01 March, 2026
Overview
This ecommerce website is operated by Formlabs Inc. (“Formlabs”). Throughout the site, the terms “we”, “us” and “our” refer to Formlabs. The terms “you” and “your” refer to you, the person or entity using the site and/or purchasing any service or product. Formlabs offers this website, including all information, products, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
These Terms of Service (the “Terms of Service” or the “Terms”) apply to all Form Now (“Form Now”) customers and users of the Form Now website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. By participating in any of the above activities you are taking part in our “Services”. Please read these Terms carefully before participating in any of our Services. By continuing your use, download, or purchase of any of the above, you agree to be bound by these Terms. If you do not agree to all the Terms of Service, then you may not access the website or use/purchase any products or services.
If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new products, features or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and/or access to the site.
General Conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or products, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
Accuracy, Completeness, and Timeliness of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
Optional Tools
We may provide you with access to third-party tools which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
Third-Party Links
Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘Comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation a) to maintain any Comments in confidence; b) to pay compensation for any Comments; or c) to respond to any Comments.
We may, but have no obligation to, monitor, edit, or remove content for any reason, including content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party's intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third party.
Accuracy of Billing and Account Information
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the Form Now site, its content, or any Form Now product you purchase from Formlabs: a) for any unlawful purpose; b) to solicit others to perform or participate in any unlawful acts; c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, including without limitation copyright and similar intellectual property rights; e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; f) to submit false or misleading information; g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the internet; h) to collect or track the personal information of others; i) to spam, phish, pharm, pretext, spider, crawl, or scrape; j) for any obscene or immoral purpose; or k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Form Now Terms of Service
Form Now User Agreement
This is a legally binding agreement between you and Formlabs. By using Form Now Services, you agree to these Terms of Service. Please read the full terms below, carefully.
From time to time, Formlabs may change or amend these terms. If you keep using Form Now Services after the change becomes effective, you are agreeing to the changed terms.
Responsibilities When Using the Services
By using the Services, you agree to:
- Comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws;
- Upload and disseminate only content or information that you own all required rights to under law, are authorized to disseminate (and are not subject to any confidentiality obligations), and do so only consistent with applicable law and as permitted by any agreements to which you are bound;
- Use reasonable efforts to prevent unauthorized access to or use of the Services;
- Monitor and control all activity conducted through your account in connection with the Services; and
- Promptly notify Formlabs if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of your account.
If Formlabs has reason to believe that you have failed to comply with the above, Formlabs may, without notice, suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof).
Software Terms of Use
Your use of PreForm is governed by the Formlabs Terms of Service and any end user license agreement that you may be required to accept when downloading the PreForm software.
Ordering Process
To place an order for a 3D printed model through Form Now (each, a “Part”), you must upload an acceptable 3D model for the Part(s) through our website or PreForm pursuant to these Terms.
To place an order for a Part through our website, you must submit a .STL, .OBJ, or .form file containing a 3D model for the Part. You will then be prompted to choose, from the list of available options, the material, quantity and finish of the Part.
To place an order for a Part through PreForm, you must submit a .form file containing a 3D model for the Part. During the pre-build process in PreForm you may choose, from the list of available options, the material, orientation, quantity, and support structures. While finalizing the order at the check-out page, you may also choose from a list of available post-processing options and additional services. In addition, you will be provided with an option (the “Modification Option”) to indicate whether you permit Formlabs to modify the supports and orientation of your .form file in its sole discretion when manufacturing the Part to attempt to achieve the best printing outcome (any such modification, a “Permitted Modification”).
Certain restrictions with respect to the thickness, material, and surfaces may apply. Unless you otherwise agree that Formlabs may make Permitted Modifications through the Modification Option, Formlabs will not alter, modify or change the Specifications (as defined below) of any Part without obtaining written approval from you. You will be able to see and review the order and the estimated costs (production, delivery, and other taxes when applicable) provided by Formlabs to you before finalizing the order (the “Quote”). No contract to manufacture any Part exists until Formlabs acknowledges your acceptance of its Quote by a confirmatory email or other appropriate means of communication, as determined by Formlabs in its sole discretion. Since each order is custom manufactured, you may not cancel an order once it has gone into production.
If you accept Formlabs' Quote by placing an order referencing the Quote, Formlabs will, subject to these Terms, manufacture the Part(s) in accordance with the file you submit through the website or PreForm and, if applicable, the post-process options chosen at the check-out page, subject to Formlabs' right to make Permitted Modifications if you provide consent through the Modification Option (collectively, the “Specifications”). You are solely responsible for ensuring that the Specifications in the Quote and other information you submit in your order is accurate and complete before paying for it. You may not amend or modify the Specifications after you have placed your order.
Formlabs may, at any time during the ordering and manufacturing process, revoke and/or cancel any Quote or order, if there are technical or other reasons (such as a concern about intellectual property ownership of the design or the legality of the Part) to do so. In such case, Formlabs will reimburse you all monies paid for such Part, if any. Formlabs will not have any further liability to you for revoking or canceling any Quote or order.
While Formlabs wants to give its customers the freedom they need to produce the most creative, imaginative, and useful projects and Parts, Formlabs maintains the right to refuse to manufacture any Part for any reason, including Parts that are illegal, designed to harm human beings, or are otherwise inappropriate.
Pricing and Payment
You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. Unless otherwise expressly agreed in advance by Formlabs, all invoices will be paid by credit card at the time of order placement. All invoices will be deemed final and binding unless you object to an invoice, in writing, within ten (10) days of receipt. If you pay for an order by credit card, you must provide Formlabs with a valid credit card (Visa, MasterCard, or any other issuer accepted by us). By providing Formlabs with your credit card number and associated payment information, you agree that Formlabs is authorized to immediately invoice your account for all fees and charges due and payable to Formlabs hereunder and that no additional consent or notice is required. You agree to immediately notify Formlabs of any change in your billing address or the details associated with the credit card used for payment hereunder. Formlabs reserves the right at any time to change its prices and billing methods, either immediately upon posting notice on its website or by email delivery to you. All prices are calculated in US Dollars and payment to Formlabs must be in the form of US Dollars.
Formlabs reserves the right to suspend performance hereunder (including the manufacture of the Part) in the event you fail to pay all outstanding amounts when due. Formlabs reserves the right to refrain from manufacturing additional orders, or additional components of an existing order, as long as the outstanding issued invoices remain unpaid.
Medical Device Disclaimer
Unless a material is specifically indicated otherwise, all materials can be used in a range of applications, but Formlabs is not making any statement or claim as to the material's safety, efficacy, or suitability for a particular application including use in medical products or devices. Some materials, including Formlabs' “BioMed” resins, have been engineered to comply with the industry standards specifically identified within the technical data sheets and have been tested according to relevant testing protocols for those standards. These materials, including BioMed resins, are a specialty product developed for use by medical professionals, and should be used in accordance with the instructions for use.
In all cases, the final performance characteristics of cured photopolymer resin may vary according to your Specifications, your end use and application, operating conditions, and other factors. You must independently verify the suitability of the material for the application and intended purpose before choosing it for your Part. Formlabs is not liable for any defects in the Parts caused by your choice of material.
You agree not to use the Services to transmit protected health information, as defined in the Health Insurance Portability and Accountability Act (HIPAA) or other similar laws. Formlabs shall not be liable for any transmission of protected health information in violation of the preceding sentence.
U.S. Government Customers
All Formlabs software is considered a “commercial item” under 48 C.F.R. 2.101, and more specifically is “commercial computer software” and “commercial computer software documentation”, as defined under 48 C.F.R. 12.212. Consistent with DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252-227-7013(c)(1)(ii), FAR 12.212(a), FAR 52.227-19, and FAR 52.227-14 (ALT III) as applicable, all Formlabs software is provided to you (a) only as a commercial item and (b) any use, duplication, or disclosure thereof is subject to restrictions as set forth in these Terms.
Exclusive Limited Warranty
Formlabs' warranty obligations for all Form Now Parts sold by Formlabs are limited to the terms set forth below and are confined to the limitations of 3D printing technology. To be eligible for this warranty, the Parts must be purchased through Form Now with a valid proof of purchase.
Formlabs will use commercially reasonable efforts to manufacture Parts in accordance with the Specifications. Formlabs warrants for a period of three (3) business days following the delivery of the Part (the “Warranty Period”) that the Part will materially conform to the Specifications within the limitations of the 3D printing technology.
Warranty Remedies
If you notify Formlabs during the Warranty Period that the Part does not materially conform to the Specifications, Formlabs will, at its option and cost, either (i) replace the non-conforming Part or (ii) (a) refund your full purchase price for the non-conforming Part if you indicated in the applicable order that Formlabs may make Permitted Modifications through the Modification Option, or (b) refund 50% of your purchase price if you did not indicate in your order that Formlabs could make Permitted Modifications through the Modification Option. Formlabs reserves the right to condition the replacement or refund on (x) the return of the non-conforming Part to Formlabs and (y) your provision of photographs, videos, or other reasonably requested documentation for Formlabs to evaluate your claim. If you alter or post-process the Part in any way, you will waive your right to any remedy under this paragraph. The remedies provided in this paragraph shall be your sole and exclusive remedy, and Formlabs' entire liability, for any breach of warranty.
Exclusions From and Limitations to Warranty
You acknowledge and agree that the manufacture of certain Parts in accordance with your Specifications may be impossible or otherwise commercially impracticable and you assume such risk. BECAUSE THE PARTS ARE BASED ON YOUR SPECIFICATIONS, FORMLABS MAKES NO REPRESENTATION OR WARRANTY THAT: (1) THE PARTS WILL MEET YOUR REQUIREMENTS, (2) THE PARTS ARE FIT FOR ANY PARTICULAR PURPOSE OR ARE MERCHANTABLE, OR (3) THE PARTS ARE DEFECT OR ERROR-FREE, INCLUDING IN ALL RESPECTS PARTS ON WHICH FORMLABS MADE PERMITTED MODIFICATIONS. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS AND FORMLABS DOES NOT GUARANTEE A PART'S TIMELY DELIVERY. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE PARTS AND SERVICES ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND FORMLABS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS, IMPLIED, OR STATUTORY). TO THE EXTENT THAT A REPRESENTATION OR WARRANTY CANNOT BE DISCLAIMED, SUCH REPRESENTATION OR WARRANTY SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD.
You hold all responsibility and liability for the selection of materials, both generally and as it relates to selection of materials that fit the requirements of the Specifications and performance for your Part. Formlabs will not be liable to the extent that the Part does not conform to the Specifications due to the specific material chosen.
Return Policy
Due to the personalized nature of our Services, you cannot cancel your order once it is placed and all Parts are final sale.
Additional Terms
Sales Tax
In accordance with state and local law, your online purchases of Form Now products and services from Formlabs placed within the United States may be taxed using the applicable sales tax or use tax rate for your shipping address. You should review the laws in your state regarding sales or usage tax on internet purchases.
Notice to Alabama Residents: Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer's behalf to the Alabama Department of Revenue. Seller's program account number is SSU-R010262152.
Shipping from Formlabs
Unless otherwise indicated, Formlabs will deliver the ordered or warranty-serviced Parts Ex Works from the origin address (EXW, according to Incoterms 2020), whereby the place of performance and transfer of title will occur at the address of Formlabs' warehouse. The risk of accidental loss, accidental deterioration, or delay shall pass to you upon delivery to you or your subsequent carrier at Formlabs' warehouse. Formlabs cannot accommodate collect shipping. All shipping costs will be prepaid by Formlabs and added to the final invoice for the Parts. Any collect shipping terms included on any quote, purchase order, or contract for Parts are expressly rejected.
Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Service, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).
Entire Agreement
Unless otherwise expressly stated herein, these Terms of Service constitute the entire agreement between you and Formlabs with respect to the Form Now Service and any Part you purchase from Formlabs and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between you and Formlabs. Formlabs objects to and rejects any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Formlabs' failure to object elsewhere to any provisions of any subsequent document, communication, or act of you shall not be deemed a waiver of any of the terms hereof. Formlabs' obligations hereunder are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by Formlabs regarding future functionality or features of any product.
Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Changes to Terms of Service
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Applicable Law and Enforcement
To the maximum extent permitted by law, these Terms of Service and any separate agreements whereby we provide you Service or products shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles.
If we ever have a disagreement arising out of or relating to this agreement, or any alleged breach, it will be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Indemnification
You agree to indemnify, defend, and hold harmless Formlabs and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys' fees made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law, or (3) any claim that the information, data, technology, models, documents, or other materials that you provide to Formlabs violate a third party's intellectual property rights, HIPAA, or export control laws.
Limitation of Liability
FORMLABS SHALL NOT IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR FOR LOSS OF INCOME, BARGAIN, REVENUE, CONTRACTS, GOODWILL, USE, ENJOYMENT, TIME, DATA, OR ELECTRONICALLY TRANSMITTED ORDERS OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR PERSONAL OR PROPERTY DAMAGE OR EMOTIONAL DISTRESS, WHETHER OR NOT FORMLABS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (1) THIS AGREEMENT OR THE USE OR INABILITY TO USE THE WEBSITE OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, PARTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES; (3) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, SPECIFICATIONS, TOLERANCES, OR DATA; (4) YOUR PARTS; OR (5) ANY OTHER MATTER RELATED TO THE SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.
UNDER NO CIRCUMSTANCES WILL FORMLABS BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY FORMLABS FROM YOU UNDER THE ORDER GIVING RISE TO THE CLAIM.
CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Release of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE PARTS AND THEIR MANUFACTURE ARE BASED ON SPECIFICATIONS PROVIDED BY YOU. ACCORDINGLY, YOU AGREE THAT UNDER NO CIRCUMSTANCE WILL FORMLABS BE LIABLE FOR ANY DAMAGE OR LIABILITY RESULTING FROM ANY PART, INCLUDING ANY PART DEFECT RESULTING FROM THE MANUFACTURE OF A PART IN ACCORDANCE WITH THE SPECIFICATIONS. You hereby release Formlabs and its affiliates, and their officers, directors, employees, agents, consultants, and partners and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your Part(s), excluding any material defects in any Part(s) solely caused by the acts or omissions of Formlabs. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his settlement with the debtor or released party.”
Intellectual Property
Formlabs does not claim any ownership over your Specifications or any content, data or other materials you upload to or otherwise make available through the Services. You are solely responsible for the content that you upload to the Services. You hereby grant Formlabs a non-exclusive, perpetual, royalty free, fully paid-up, sublicensable (to our partners), right and license to reproduce and use your content for the purpose of designing, manufacturing and delivering your Parts to you, and to provide you any other Services that you request. You further acknowledge and agree that Formlabs may use your content on an aggregated and anonymized basis to improve its Services, including without limitation, to improve our pricing algorithms and help manufacture Parts in a more efficient and expedient manner. By submitting an order to Formlabs, you represent and warrant that you are the owner and/or you have obtained the rights necessary to grant Formlabs use without any violation of any intellectual property rights, or payment by Formlabs of any amounts to any third party. You further represent and warrant that your content does not infringe upon, misappropriate, or violate any third party's rights, including intellectual property, privacy, and publicity rights. If Formlabs, in its sole discretion, determines that the Specifications you submit to us infringe upon the intellectual property rights of any third party, Formlabs reserves the right to refuse to manufacture the Part(s) based on your Specifications. Formlabs will use commercially reasonable efforts to protect the confidentiality of your content and to only share your content with third parties as reasonably necessary in connection with the provision of the Services or as otherwise permitted herein. Notwithstanding the foregoing, Formlabs may disclose your content if required by law.
Force Majeure
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; an act of God; an electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or any other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
Actions Permitted
Except for actions for nonpayment or breach of a party's proprietary rights, no action, regardless of form, arising out of or relating to the Terms may be brought by either party more than one year after the cause of action has accrued.
Relationship of the Parties
Formlabs and you agree that no joint venture, partnership, employment, or agency relationship exists between you and Formlabs as a result of these Terms of Service or your use of the Service or purchase of any Part or product.
Notices
Notices shall be sent to the contact address set forth here (as such may be changed by notice given to the other party), and shall be deemed delivered as of the date of actual receipt. To Formlabs: Formlabs Inc., 35 Medford Street, Somerville, MA 02143, Attention: Legal, with a copy to [email protected]. Formlabs may give telephonic or electronic notice to you by calls to appropriate numbers or emails to appropriate addresses on record in Formlabs' account information for you.
Assignment
These Terms of Service are personal to you, and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
Export
Form Now products and services may be subject to U.S. and local export control and sanctions laws. You agree to comply with all applicable export and sanctions laws, and you will not receive, use, transfer, export, or re-export any Form Now products or services in violation of such laws or in any way that would cause Formlabs to violate such laws. You represent and warrant that you are not, and you are not owned or controlled by or acting on behalf of any other person or entity that is, (i) located, organized, or resident in any jurisdiction subject to comprehensive U.S. trade sanctions; or (ii) identified on any export- or sanctions-related restricted party list, including but not limited to the Specially Designated Nationals and Blocked Persons List, maintained by the U.S. Department of the Treasury's Office of Foreign Assets Control, and the Entity List, maintained by the U.S. Department of Commerce's Bureau of Industry and Security.
You agree not to provide any information, data, technology, models, documents, Specifications, or other materials (collectively, “Materials”) to Formlabs that are restricted by any United States or international export control law, including the International Traffic in Arms Regulations and Export Administration Regulations, other than Materials classified as “EAR99” under the Export Administration Regulations. You hereby agree to indemnify, defend and hold harmless Formlabs' and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any violation of the preceding sentence.
Authority
You represent and warrant that you have full power and authority to enter into any agreement to purchase a Part under these Terms of Service and that these Terms of Service are binding upon you and enforceable in accordance with their terms.
Contact Information
Questions about these Terms of Service should be sent to us through [email protected]. If you would like a paper version of this warranty please contact [email protected].