1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the ‘Content’), as well as the trademarks and logos contained therein (the ‘Marks’). Our Content and Marks are protected by copyright and trademark laws in the United Kingdom and around the world.

You are the owner of your intellectual property rights for your 3D models and designs. Except for manufacturing requirements, and where specified below, we shall not use, modify, display or distribute your models or derivatives thereof.

Both parties agree to confidentiality and not at any time for any reason during or after the termination of the agreement to disclose or permit to be disclosed or made use of any confidential information concerning the other’s business which they may acquire in the course of the agreement.

The above restrictions shall not prevent:

• (a) the disclosure of information if required by law; or
• (b) the disclosure of information which is already in the public domain otherwise than through unauthorised disclosure. Non-disclosure agreements are available where required.

3. Your use of our Services

Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable licence to:

• access the Services, and
• download or print a copy of any portion of the Content to which you have properly gained access.

Except as set out in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

4. Your Content and Submissions

Submissions:

By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgement or compensation to you.

Content:

The Services require you to upload and submit design files to be manufactured by us. You are responsible for what you upload: By sending us Submissions and/or Content through any part of the Services you:

• confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and will not upload, or transmit through the Services any Submission or Content that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• will not upload any functioning weapon or parts for use as a weapon. Should you conceal any such parts, you will remain responsible and held liable for any legal actions as a result of the manufacture
• warrant that any such Submission and/or Content are original to you or that you have the necessary rights and licences to submit such Submissions and/or Content and that you have full authority to grant us the above-mentioned rights concerning your Submissions and/or Contributions; and
• warrant and represent that your Submissions and/or Content do not constitute confidential information.

Should your Content nevertheless be found to be infringing and/or in violation of any law, you will defend CREAT3D against third-party claims, and be held liable for all (direct and indirect) damages and costs incurred by CREAT3D with respect to such claims.

We retain the right to review and refuse any order when it, at our own discretion, appears to infringe third party intellectual property rights.

5. User Representations

By using the Services, you represent and warrant that:

• all registration information you submit will be true, accurate, current, and complete;
• you will maintain the accuracy of such information and promptly update such registration information as necessary;
• you have legal capacity and you agree to comply with these Legal Terms;
• you are not a minor in the jurisdiction in which you reside;
• you will not access the Services through automated or non-human means, whether through a bot, script or otherwise;
• you will not use the Services for any illegal or unauthorised purpose; and
• your use of the Services will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

6. User Registration

You are required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. Payment

We accept the following forms of payment:

• Bank transfer
• Direct Debit
• Card payment (Visa, Mastercard, AMEX)
• Purchase orders (provided we have set you up with a credit account)

You agree to provide current, complete, and accurate payment and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, and payment method (including payment card details where applicable), so that we can complete your transactions and contact you as needed. Pricing is shown ex VAT and VAT at the prevailing rate will be added, All payments shall be in GBP. We may change prices at any time.

You agree to pay all charges at the prices then in effect, and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts. If your use of the Services is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge until you cancel the Services. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

8. Orders

Using the Services means you will upload design files “models” to be 3D printed “manufactured” by CREAT3D. We reserve the right to accept or reject any model. If your model is not manufacturable or has features that may lead to unsatisfactory results of the manufacturing process, we may contact you to advise recommended changes.

Even when a model is accepted in LayerParts software, it might not be manufacturable. As standard, we complete checks before manufacture, but we shall not be held responsible for any loss, damage or costs incurred if the uploaded model has features that are outside the guidelines stated in the Help section of layerparts.com, or if the quality of the uploaded model is below recommended standards.

It is your responsibility to upload and confirm the models submitted for manufacture are correct and in the desired quantities.

Manufactured parts will have varying tolerances depending on several factors. Some parts, due to their geometry may suffer shrinkage during manufacture. As such, we do not guarantee any degree of accuracy on the manufactured part.

No reprints will be offered if a model falls outside of the recommendations in the Design Guide. It is at the discretion of CREAT3D as to whether the manufactured part will be reprinted.

CREAT3D offers no warranty on any manufactured parts and does not insure against design in any way. Any misunderstanding of performance, strength, or surface finish are not grounds for a reprint.

9. Reprint

Reprinting will only take place in the occurrence that there is a manufacturing defect in the manufactured part. In this rare instance, any affected items must be shipped back to CREAT3D, at your cost. We will not begin a reprinting review until the items have been received and assessed for damage or any other anomalies.

If we believe the manufactured parts originally supplied conform to our Terms and Conditions, no reprint will be granted. Redelivery of the parts is the responsibility of the client.

10. Delivery

Your order will be delivered to your shipping address, as detailed in your account. We are not liable for incorrect shipping addresses.

Delivery times are only estimates and not guaranteed. We will always do our best to deliver in the estimated time frame but unpredictable factors like power cuts and machine failure may cause orders to be delayed. In the event of this, we will contact you.

Delivery is trackable, with a signature required. You will receive a tracking number and courier information upon dispatch from our premises. Delivery is based on a next working day service but we cannot be held responsible for any delays incurred by the courier company for example bad weather, road closures, or vehicle breakdown.

Any issues that arise from any order must be made within 5 working days of the order being received (as delivered date by the courier). Failing to do so will waive all rights to any reprints. We advise that you check all parts of your order when they arrive.

11. Cancellation

All purchases are non-refundable.

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities ordered.

If you are unsatisfied with our Services, please email us at info@creat3d.co.uk or call us at 0800 689 1011.

12. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services to harass, abuse, or harm another person.
• Make improper use of our support services
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means in order to send unsolicited emails, or create user accounts by automated means or under false pretences.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
• Sell or otherwise transfer your profile.

13. Mobile Application Licence

Use Licence

If you access the Services via the App, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms.

You shall not:

• except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
• make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
• violate any applicable laws, rules, or regulations in connection with your access or use of the App;
• remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the App;
• use the App for any purpose for which it is not designed or intended;
• make the App available over a network or other environment permitting access or use by multiple devices or users at the same time;
• use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App;
• use the App to send automated queries to any website or to send any unsolicited commercial email; or
• use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

14. Services Management

We reserve the right, but not the obligation, to

• monitor the Services for violations of these Legal Terms;
• take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities;
• in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
• in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and
• otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

15. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in the United Kingdom. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United Kingdom, then through your continued use of the Services, you are transferring your data to the United Kingdom, and you expressly consent to have your data transferred to and processed in the United Kingdom.

16. Term and Termination

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

18. Governing Law

These Legal Terms are governed by and interpreted following the laws of England.

19. Dispute Resolution

A contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. Both you and CREAT3D Ltd irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a contract or its subject matter or formation (including non-contractual disputes or claims).

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties outlined in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. Miscellaneous

These Legal Terms and any policies or operating rules posted by us on the Services or with respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defences you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

26. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us at: