You may access and purchase 3D-Printing Services provided by Nano Dimension Technologies Ltd. (the "Company"), only subject to your acceptance of these Terms of Service in their entirety. Company reserves the right at any time to modify these Terms of Service, including by eliminating, modifying, limiting or discontinuing any feature detailed herein. Company has no obligation to inform you about any modification of these Terms of Service.
- The 3D-Printing Services
You may purchase 3D Printing Services for printing 3D objects based on Your Design (as such terms is defined below) (the "Printed Module"), subject to the following terms and conditions:
- Fees and Payment The fees for the 3D-Printing Services and production of the Printed Module will be indicated separately for each Printed Module in a quote issued to you (the "Payment"), and may vary at Company's sole discretion. Payment is due prior to shipment of the Printed Module. Payment for Printed Module may be made by a third party clearing system. By using such third party clearing system you hereby acknowledge that Company has no control over such system, sites or resources, and you agree that Company shall not be responsible for the availability of such third party clearing system, nor shall Company be responsible or liable for any services provided by such third party clearing system. When you access such third party clearing system you do so at your own risk, and you should refer to each such clearing system’s individual “terms of service” and not rely on these Terms of Service in anyway.
- Return and Cancellation Policy
- You may cancel any order of 3D Printing Services at any time, provided however that at the time of cancellation the Printed Module was not yet produced or was in the process of being produced. Upon such cancellation of an order, Company will refund any payments already made for the Printed Module.
- The Printed Module may not be returned to the Company. Company provides no warranty with respect to the 3D Printing Services or the Printed Module provided by it, and you will not have any rights in case you are not satisfied with the 3D Printing Services or the Printed Module.
- In the event that Company fails in performing the 3D Printing Services or producing the Printed Module, Company will refund any payments already made for the respective purchased 3D Printing Service.
- Delivery and Reservation of Title
- A Printed Module ordered form the Company will be delivered upon completion of production thereof. All Printed Modules are shipped FCA (Company's facilities) Incoterms® 2010. The Printed Modules will be sent to the address provided by you via international carrier services, unless otherwise agreed upon in writing between Company and yourself.
- Due to the specific and unique nature of the 3D Printing Services, Company cannot commit to a specific time table for provision of the Printed Module.
- Your Design
- In order to use the 3D Printing Services, you will be asked to submit a design, module, diagram, sketch or prototype to be printed ("Your Design"). By submitting Your Design to the Company, you represent and warrant that you own or have the right to do so.
- By submitting Your Design to the Company, you grant Company the right to use, access, copy, adjust and reproduce all data which you provide to Company solely for the purpose of providing you with the 3D Printing Services and producing the Printed Module. Company does not claim ownership of any copyright in Your Design. You will continue to retain all ownership rights in Your Design.
- In the event that Your Design is a modification or enhancement or based on third party intellectual property or proprietary right of any party, you represent and warrant that (i) you are authorized to used and modify such third party intellectual property; and (ii) you are solely responsible for all use by Company of such third party intellectual property.
- Company may refuse to accept any of Your Design at its sole discretion, and nothing in these Terms of Service shall obligate Company to accept any of Your Design, provide you with the 3D Printing Services or produce the Printed Module.
- Company may suspend or terminate provision of the 3D-Printing Services at any time without providing you any prior written notice. The expiration or termination of these Terms of Service shall not relieve you of any obligation intended to survive under these Terms of Service.
- Intellectual Property Policy
- Company’s logo, the brand of Nano Dimension, DragonFly, DragonFly2020 and Electrifying Additive Manufacturing the taglines and other graphics, logos, and service names are trade-names and trademarks of the Company. Such trademarks may not be used in connection with any product or service without obtaining Company's prior written approval and/or in any manner that disparages or discredits the Company.
- You agree not to (and not to allow any third party to): (a) use the trademarks, trade names, service marks, logos, domain names and other proprietary rights associated with the Company for any purpose without Company's express written consent; (b) register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other proprietary rights associated with the Company; or (c) remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on the Printed Module.
- Any ideas, requests, feedbacks, recommendations, error and bug reports, comments, concepts, additional features and other requests or suggestions that you may provide Company with connection to the 3D-Printing Services (collectively “Ideas”), will be owned by Company. You hereby irrevocably assign and transfer any intellectual property rights in such Ideas to the Company, free of charge. You agree that the same will automatically become Company's property and that Company will be entitled to use, exploit, implement, adapt, develop, copy, reproduce, publish, license or assign the rights to such materials and Ideas without any obligation to make any royalty or other payment to you, and without any obligation of credit or notice to you. If you intend to retain any intellectual property rights in your Ideas please do not submit them to Company without first obtaining Company's written approval.
You hereby agree to indemnify, defend and hold Company, and Company's directors, owners, investors, shareholders, officers, employees, consultants, attorneys, agents and other representatives, harmless from and against any and all third party claims (including related judgments, awards, liabilities, damages, losses, costs and expenses) (including reasonable attorneys’ fees) and other expenses that are based on or arise directly or indirectly out of or from: (i) your breach of these Terms of Service; (ii) any breach of your representations and warranties set forth herein; or (iii) infringement by the Company of any third party’s patent, trademark, or copyright that arise out of, result from, or relate to Your Design.
- Disclaimer of Warranties
- YOU UNDERSTAND AND AGREE THAT THE SERVICES COMPANY PROVIDES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, COMPANY, COMPANY'S SERVICE PROVIDERS, AGENTS, AND SUB-CONTRACTORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
- COMPANY, COMPANY'S SERVICE PROVIDERS, AGENTS AND SUB-CONTRACTORS DO NOT WARRANT THAT: (A) THE 3D-PRINTING SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) YOUR USE OF THE 3D-PRINTING SERVICES WILL BE UNINTERRUPTED; OR (C) THAT DEFECTS IN THE 3D-PRINTING SERVICES OR THE PRINTED MODULES, IF ANY, WILL BE CORRECTED.
- THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THESE TERMS OF SERVICE AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE 3D-PRINTING SERVICES SOLD BY COMPANY. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
- Limitation of Liability
- COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, LOST PROFITS OR OTHER INTANGIBLE LOSSES), UNDER ANY THEORY OF LAW INCLUDING UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, BREACH OF ANY STATUTORY DUTY, OR OTHERWISE ARISING OUT OF OR RELATING IN ANY WAY TO THE 3D PRINTING SERVICES OR THE PRINTED MODULES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE). Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In such jurisdictions, liability is limited to the fullest extent permitted by law.
- YOU FURTHER AGREE THAT COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH LOSS OF DATA, ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, COMMUNICATIONS LINE FAILURE, FILE CORRUPTION, OR USE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF EITHER COMPANY OR COMPANY'S SUB-CONTRACTORS AND SERVICE PROVIDERS, ALL IN IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY CAUSE WHATSOEVER INCLUDING IN RELATION TO THE 3D PRINTING SERVICES AND THE PRINTED MODULE AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE THE ACTUAL PRICE PAID FOR THE 3D PRINTING SERVICES.
Last updated on: January 2018