The following are terms and conditions of a legal agreement between you and 1Robomaker Enterprises, Inc. and its affiliates, partners, and vendors (collectively, “Company”, “we”, “us”, or “our”). These terms and conditions (collectively with 1Robomaker Enterprises, Inc.’s Content Policy and Otto’s Privacy Statement, (the “Terms and Conditions”) govern your use of www.ottosoftware.com/1robomaker (the “1Robomaker Enterprises, Inc.’s Website” or “Website”), any mobile applications (the “Applications”), and the services, features, and content on the Otto platform (together with the Website and the Applications, “1Robomaker Enterprises, Inc. Services” or “Services”).
By using the Services, you acknowledge you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations. You also certify that any 3D file (“3D Model”) uploaded to the Company Website does not violate any federal law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms and Conditions, you should not use the Website, Applications, or Services.
The 1Robomaker Enterprises, Inc. Services are made up of different services provided through the Website. The Website is provided by Otto, a Shapeways Holdings, Inc. product (“Shapeways”). One of our Services enables you to upload a 3D file to our Website and view it in 3D.
If you want to turn your 3D Model into reality, you can place an order with us and we will manufacture it for you at your direction. At a charge of a service price and price for the substance used for the 3D Model, we manufacture the 3D Model for you (i.e., print it with 3D printing technology) in our materials and ship it to you.
You represent and warrant that you are at least 18 years of age to use these Services. If you are under 18 years of age, you may use 1robomaker.ottosoftware.com only with the involvement of a parent or guardian. Children under 13 years old are not allowed to use these Services. We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms and Conditions are in compliance with all laws, rules, and regulations applicable to you and the right to access the Services is revoked where these Terms and Conditions or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
To use some Services, you must register for an account on the Services (an “Account”). You must provide current, accurate identification, contact, and other information that may be required as part of the Account registration process and/or continued use of the Service, and you must keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are responsible for maintaining the confidentiality of your Service password and Account, and are solely responsible for all activities that occur on your Account. You must notify us immediately of any change in your eligibility to use the Services, breach of security, or unauthorized use of your Account. You should never publish, distribute, or post login information for your Account. 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. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.
(a) Placing an order. To order your 3D Model, you upload the 3D Model to the Website. Then you can select the quantity and material for the 3D Model you wish to order. As the next step, we ask you to provide us with information we need for the delivery of the 3D Model. Finally, you will be prompted for information required to initiate the payment. Depending on the payment method you select you may be redirected to a third party payment provider website. Please be informed that the language to be used during the whole ordering process is English.
(b) Unacceptable orders, cancellation of orders by us. There are technical or other reasons why 1Robomaker Enterprises, Inc. may not accept or may cancel your order during the entire ordering process, even after our acceptance of your order. Such reasons can be, but are not limited to, the unfeasibility of the model, an infringing feature of your 3D Model (see our Content Policy), or the destination of the delivery you indicated in your order. In case we cancel your partial or entire order, we will contact you via email and, except in cases of fraud or other violations of our policies, issue you a full refund for the cancelled item(s).
(c) Prices. The prices displayed on the Website are only indications and are valid only for the moment that they are displayed. 1Robomaker Enterprises, Inc. reserves the right to change its prices on the website at any time without prior notice to you. Such change however will have no effect on orders completed before the posting of a new price on the Website. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. In the event of an error, any monies paid related to that order will be refunded to you.
(d) Payment and price. The amount indicated on the ordering page includes the fee for the service (such as printing and packing the model) and the price for the materials used to produce the 3D Model. The price quoted on the ordering page also includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). If you pay in a currency that is different from the denominated currency of your payment method (which is probably the case if your bank or credit card account is not denominated in U.S. Dollars or Euros), your payment company (such as your credit or bank card issuer) or third-party payment processor may apply a currency conversion rate or fees to your payment. Please contact your provider for information about these fees. These fees are not controlled by or known to 1Robomaker Enterprises, Inc..
You can initiate your payment for your order via credit card, PayPal.com, or bank transfer. If you choose to pay using PayPal you will be directed to the PayPal.com website. In case you choose to pay by bank transfer you will receive the payment instructions via email from 1Robomaker Enterprises after confirmation of your order.
For orders paid for via credit card or PayPal, 1Robomaker Enterprises, Inc. will begin production after authorizing and holding payment. For orders paid for via bank transfer, 1Robomaker Enterprises, Inc. will begin production after the funds arrive. In the event that the selected payment method fails for any reason, 1Robomaker Enterprises, Inc. reserves the right to process the payment again or require you to provide an alternative method of payment.
(e) Acceptance After accepting your order we will send you an order confirmation by e-mail to the address associated with your 1Robomaker Enterprises, Inc. Account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to customer service.
(f) Order Tracking Through the Website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered, etc.
(g) Shipping Your order will be delivered to your shipping address. We deliver to multiple countries. You can only select those countries as your shipping address during the ordering process. We will use our commercially reasonable efforts to ship the 3D Model to the shipping address within the delivery time indicated in our confirmation email; nevertheless, depending on your shipping address, it may take longer. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred to you upon transfer of the goods to the shipment carrier (FOB Shipping Point, EX Works).
(h) Cancellation of your order, return of 3D Models. Due to the personalized nature of our Services (i.e. the 3D Print is manufactured by us based on your specifications and we print it for you on demand), you cannot cancel your order once it is placed. Orders are fulfilled using the model file version that existed at the time of purchase.
(i) Content Policy violations. If we determine that your model violates our Content Policy prior to printing, we will refuse to print the model, and issue a refund. If we determine that your model violates our Content Policy after it has been printed, we will not ship the model, and may not issue you a full refund.
1Robomaker Enterprises, Inc. warrants only that the model manufactured by us will substantially meet the features of the indicated 3D Model within the limitations of the 3D printing technology. If you upload your own 3D Model to the Website, you maintain sole legal responsibility for the design specifications and performance of the 3D Model. Company does not give any warranty about the 3D Models themselves and does not guarantee that the 3D Model will be fit for any particular purposes. Please inspect the 3D Model upon receipt immediately. If the 3D Model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 10 days after receipt of the 3D Model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the 3D Model unless we require you to do so. We reserve the right to condition any replacement or refund on the return of the 3D Model. We will confirm whether you are entitled to a replacement or refund. We reserve the right to condition your receipt of a replacement or refund on you providing us with photographs that we deem necessary to evaluate your claim. A model will be ineligible for replacement or refund if the model has been altered or post-processed in any way by you. Transportation costs in respect of a faulty product will be borne by us. If we do not receive any notice within the provided 10 days, we will assume the 3D Model meets your specifications and performance requirements.
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no duty to take any action regarding: (a) which users gain access to the Services; (b) what content you access via the Services; or (c) how you may interpret or use the content.
You release us from all liability for you having acquired or not acquired content through the Services. We make no representations concerning any content (including without limitation 3D Models) contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or content (including without limitation 3D Models) contained in or accessed through the Services.
THE 3D MODELS MANUFACTURED BY 1Robomaker Enterprises, Inc., AS WELL AS THE 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 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 SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOUR USE OF THE 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.
Without limiting the generality of the foregoing, we assume no responsibility or liability for the selection of materials. You maintain sole legal responsibility for the selection of materials that fit the requirements of your specifications and performance of the 3D Model.
Copyright and all other proprietary rights in the content of the Website and the Services (including but not limited to software, audio, video, text, and photographs) rests with Shapeways or its licensors. All rights in the content not expressly granted herein are reserved. Any other use of the content, including without limitation distribution, reproduction, modification, display, or transmission without the prior written consent of Shapeways is prohibited. 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. Shapeways’ rights include rights to (i) the Service developed and provided by Shapeways; and (ii) all software associated with the Service.
Since the Services are web-based services, Otto might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We do not guarantee that any content will be made available on the Website or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, or modify any content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and (ii) to remove or block any content from the Services.
We are not responsible for any losses suffered by you as a result of any interruption of the Website, or by the suspension of your access to the Website.
The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website, the Application, or the Services by you, including but not limited to all uploaded 3D Models, pictures of 3D Models, as well as the printed 3D Model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret, or any other proprietary or industrial right.
1Robomaker Enterprises, Inc. has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content.
You, as a designer, retain all your intellectual property rights in your 3D Models, including without limitation any and all derivative works like 3D renders. Except for the rights and licenses with respect to your 3D Models specified below, 1Robomaker Enterprises, Inc. shall not use, modify, or display your 3D Models or derivatives thereof. By uploading your 3D Models to the Services, you represent and warrant that it is your original creation and not copied from any third party and/or entity. You further represent and warrant that you have all rights to grant the below licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
By uploading your 3D Model to the Services, you grant 1Robomaker Enterprises, Inc. a non-exclusive, royalty free, worldwide, transferable, and sublicensable right and license (i) to use your 3D Model for the manufacturing of your 3D Model in order to fulfill your order; (ii) to generate and display 3D renders of your 3D Model; and (iii) to use the 3D Model as necessary for the operation and maintenance of 1Robomaker Enterprises, Inc. Services including without limitation for the internal testing and educational purposes of 1Robomaker Enterprises, Inc. and 1Robomaker Enterprises, Inc.’s manufacturing partners.
By removing your 3D Model from the Services, you terminate all licenses granted to 1Robomaker Enterprises, Inc. and its users to such 3D Model under these Terms and Conditions; provided that 1Robomaker Enterprises, Inc. is entitled to use your 3D Model to fulfill orders of your 3D Model that were placed before the removal and may continue to use the model for internal testing and educational purposes.
By using our Services you agree that Shapeways may collect and use personal data about you. Such information collected through the Services shall only be used in accordance with the Otto Privacy Statement.
Certain of our Services may be subject to payments now or in the future (the “Paid Services”). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms and Conditions.
We use a third-party payment processor (the “Payment Processor”) to bill you through a payment account linked to your Account on the Services (your “Billing Account”) for use of the Paid Services. The processing of payments will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms and Conditions. We are not responsible for error by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE ON YOUR ACCOUNT SETTING PAGE. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial.
You shall defend, indemnify, and hold harmless us, our affiliates, vendors including but not limited to Shapeways Holdings, Inc. and each of our and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Website, content, or otherwise from your User Generated Content, 3D Models, violation of these Terms and Conditions, or infringement by you, or any third party using your Account or identity on the Website, of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
IN NO EVENT SHALL WE, NOR OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SERVICE PROVIDERS, MANUFACTURERS, SHIPPERS, OR SUPPLIERS, BE LIABLE UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND (HOWSOEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF (A) THE FEE RECEIVED FROM YOU BY 1Robomaker Enterprises FOR THE USE OF THE SERVICES DURING THE IMMEDIATELY PRECEDING THREE (3) MONTHS PERIOD OR (B) $250.00.
These Terms and Conditions and the use of Services 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. You agree that any and all disputes arising from or relating to the subject matter of these Terms and Conditions, including disputes relating to the validity thereof, and any disputes related to the use of the Services, shall be governed by the exclusive jurisdiction and venue of the federal and state courts located in New York County, New York, USA.
(a) Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
(b) Assignment. These Terms and Conditions are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.
(c) Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
(d) Notices. Unless otherwise specified in these Term and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
(e) No Waiver. Our failure to enforce any part of these Terms and Conditions shall not constitute a waiver of our right to later enforce that or any other part of these Terms and Conditions. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms and Conditions to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
(f) Headings. The section and paragraph headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
(g) Feedback. Since we always want to further improve our Services, we welcome all comments, suggestions, recommendations and feedback (collectively, the “Feedback”). You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use and otherwise incorporate any Feedback in connection with the Services.
If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email.
We reserve the right to change these Terms and Conditions 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 and Conditions in effect at the time of the transaction.
SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE.