General Conditions of use of the Services offered by DDD

Background

DDD S.R.L. with headquarters in Bellinzago Lombardo, via Luigi Mapelli 5 VAT no. 11787870960 (hereinafter referred to as "DDD") offers a service of collaborative 3D printing.

These general conditions (the "Conditions") govern the relationship between:

  • DDD; and
  • Any person or entity wishing to make a remote purchase from the Website (hereinafter the "Customer"); and
  • Any individual or legal entity wishing to develop a product uploaded by a Customer to DDD's proprietary platform (the "Maker").

For the interpretation of these Conditions, the Customer and the Maker may hereinafter be jointly referred to as the "Users". Customer, Maker and DDD may be hereinafter jointly referred to as the "Parties".

The Parties agree that the orders placed to DDD through the Site will be governed exclusively by these General Conditions. DDD reserves the right to modify these General Conditions at any time. In this case, the applicable Conditions will be those valid at the date on which the order has been placed by the Customer. These Conditions prevail on any other term or condition that DDD has not expressly proposed and accepted.

1. Definitions

This paragraph describes the meanings of the most commonly used terms in these Terms, to make comprehension clearer and more transparent. If a term in these Terms is capitalized, it shall have the following meaning.

  • "Customer": identifies the end-user consumer of the Services offered on the portal.
  • "Content": means all information or content that a Customer submits to, or uses with, the Site (e.g., content in Customer's profile, content or data communicated to DDD by voice, email, text, or through other messages and/or uploads including data, 3D CAD data, and 2D technical drawings) to be created by a Maker.
  • "Maker": identifies the subject in ownership of appropriate hardware equipment and that offers 3D printing services of the types, features, or capabilities described in the dedicated area of the Site.
  • "Site" means the web platform owned by DDD "dddprint.io".

2. Proposed services

2.1. Subject

The services offered by DDD (the "Services") consist of providing an online platform that connects a Customer with a Maker who can to print a 3D object commissioned by the Customer.

2.2. Services

To use the main functions of the Site, the Customer must register and create an account ("Account") and provide the information requested by the registration form.

The Customer who wants to 3D print an object from his file can select a Maker available on the Site who will then realize the physical object according to the indications provided by the Customer.

The Maker can autonomously generate quotes for 3D printing by uploading the file on the Site which will automatically generate the detailed quote according to the information uploaded by the Maker through its algorithms.

3. Contents

3.1. Declarations and commitments of the Customer.

The Customer is responsible for the Content that he/she uploads on the Site and transmits to the Maker. The Customer agrees, therefore, to respect the laws and regulations in force in addition to the provisions of these General Conditions that govern the relationship between the Parties. The Customer is solely responsible for the Content and assumes all risks associated with the use of its Content, including any claims about its accuracy, completeness, or fitness for purpose. Customer represents and warrants that: (a) all registration information provided to DDD is true; and (b) it will maintain such information accurate for as long as the Account remains active. Customer may cancel its Account at any time and for any reason by following the instructions on the Site. DDD reserves the right to suspend or terminate the Customer's Account following these Terms. The Customer is responsible for maintaining the confidentiality of its Account access information and is responsible for activities that occur in its Account. The Customer agrees to immediately notify DDD of any unauthorized use or suspected use of its Account or any other breach of security. DDD will not be liable for any loss or damage resulting from the Customer's failure to comply with the above directions. The Customer represents and warrants that the Content does not violate the Content Restrictions outlined Section 3.4. The Customer is solely responsible for the Content and may expose itself to liability if, for example, the Uploaded Content violates the Content Restrictions. DDD is not obligated to back up Customer's Content, which may be deleted at any time without notice. The Customer is solely responsible for creating and maintaining backup copies of its Content. If Maker reports a violation of the Content Restrictions, DDD may cancel the request to produce the object, delete the Content from its servers, and command Maker not to make the object.

3.2. Licensing

User grants DDD a revocable non-exclusive, perpetual, royalty-free worldwide, transferable, sublicensable license to use, copy, modify, reproduce, distribute, and display the data (including 3D CAD data and 2D technical drawings), documentation, drawings, and specifications of the Content uploaded to the Site, for 3D printing an object. DDD may grant a sublicense on the Content to third parties, including Makers, to produce the Product. By creating an account on the Site, the User authorizes DDD to use its trademarks, logos, names, or signs for marketing purposes. DDD shall be entitled to mention Customer as a customer of DDD on the Site and in other promotional materials, such as brochures, press releases, interviews, or presentations. DDD will not use the Customer's name if he/she is a natural person, following the confidentiality clauses of these terms and conditions.

The revocation of the license can be done by sending a written communication to the email address: assistance@dddprint.io. DDD reserves the right to retain all User Data for a maximum period of 12 months, after which the same will be deleted from DDD servers.

3.3. Maker's Obligations Regarding Content.

Maker agrees to detect the existence of Content or an Order that violates the Content Restrictions and Maker may refuse to execute an Order and promptly notify DDD of the violation by writing: disputes@dddprint.io

3.4. Content Restrictions.

DDD, in its sole discretion, may refuse to fill Orders for the following items:

  • firearms, components of firearms or ammunition; bladed weapons; explosive devices; toy guns or other objects with a similar appearance to weapons; accessories, parts or components of any weapon if such accessory/part/component contributes to the operation of the weapon and/or attaches to the object;
  • functional components for aerospace, marine, automotive, or medical applications;
  • artifacts that infringe the intellectual property rights (including, but not limited to, copyrights, patents, design rights, trademarks, trade secrets, or other proprietary rights) or any other rights of third parties;
  • artifacts that contain any false, inaccurate, misleading, harassing, racially or ethnically offensive, discriminatory, harmful to minors, libelous or defamatory information, including information used to produce counterfeit goods;
  • artifacts that are against applicable law or regulation or public policy or morality.

DDD reserves the right to evaluate the compliance of any Content and/or take any action against Users in its sole discretion if Users violate any other provision of these Terms. Such action may include removing or editing Content, terminating Users' Accounts, and/or reporting them to the appropriate authorities. Any attempt by Users to damage the Site or undermine the legitimate operations of DDD's business or services may constitute a violation of civil and criminal laws and, if such an attempt is made, DDD reserves the right to take legal action to protect its rights.

4. Other obligations of the Client

4.1. Payment Obligations.

The Customer undertakes to pay the amount for the realization of the object determined based on the rates provided and indicated on the Site at the time of confirmation of its purchase.

4.2. Order Status.

The Customer undertakes to confirm the receipt of the Order when the Order corresponds to its expectations. In case DDD knows that the Customer doesn't confirm the Order, it will contact him/her. If the latter does not appear, DDD reserves the right to proceed manually to the confirmation of the Order after fourteen (14) days from its shipment.

5. Maker Commitments and Order Processing

5.1. Profile Activation.

To receive Orders from Customers, the Maker agrees to activate its profile on the Website, accept the terms of the "Maker Quality Paper" and allow DDD to verify the real production ability through the verification method specifically reported on the Website

5.2. Order Proposals.

The Maker undertakes to verify the feasibility of each Order in compliance with the available resources. The commitment taken by the Maker, when accepting the Order, is permanent and the same can withdraw from the Order only in case of impossibility of performance or in other cases permitted by law. In case of non-compliance of the Maker, DDD may take the actions it deems appropriate, including the suspension of the account of the Maker. In case of non-response of 2 consecutive production requests, DDD reserves the right to suspend the Maker's account.

5.3. Production.

The Maker can view, at any time, the details of the Order within its account. The Maker undertakes to manufacture what is reported in the Order at the moment of acceptance of the Request in compliance with the specifications of conformity and quality of the product ordered by the Customer. Consequently, if the Maker does not deliver a product in compliance and of good quality, the Customer may report the Maker through negative feedback and may proceed to request the Maker to redeliver the compliant product and of the expected quality. If the Maker is not able to make a new shipment, DDD cannot be held responsible and will do what it can to mediate between the parties.

5.4. Confidentiality.

The Maker undertakes, for itself and its employees, collaborators, consultants, and subcontractors to maintain the utmost confidentiality on data and information relating to the Customer of which it will become aware, for any purpose, concerning the execution of this Contract. The aforementioned data and information will include any information relating to the Customer's activities, assets, and personnel acquired during the execution of the Services. The obligation of confidentiality concerns, in particular, commercially sensitive information acquired during the execution of the Services by the Maker.

The Maker agrees to:

  1. guarantee that the data and information acquired are used exclusively in the interest of the Customer for the purposes related to the execution of the contract;
  2. ensure that none of this information is disclosed to third parties unrelated to the contractual relationship, for any reason whatsoever, except with the prior written consent of the Customer;
  3. ensure that the dissemination of information within its organization is limited exclusively to those involved in the execution of the contract;
  4. allow the Customer to verify, at any time and upon simple request, also employing accesses and inspections at the Supplier's premises, that the data and information are managed in compliance with the provisions of this contract;
  5. destroy the aforesaid documents, information, and data when they are no longer necessary for the execution of the Order and, in any case, after the termination of the contractual relationship, giving timely written notice thereof to the Customer.

5.5. Non-compliance.

If the Maker does not comply with its obligations, DDD may take all measures it deems appropriate, including preventing access to the services offered by the platform.

5.6. Maker Quality Paper.

DDD verifies the skills and knowledge of the Maker in the field of 3D printing of objects, with the successful completion by the latter of a test and the acceptance of the “Maker Quality Paper". The Maker agrees to decline any orders for Objects that contain errors or that he/she deems not to be able to produce.

6. Commitments of the Parties

The Services offered by DDD on the Site are available only to persons of legal age and who are capable of entering into legally binding contracts.

The Parties declare and guarantee that all the information uploaded on the Site is accurate and true and they are titled to upload the Contents, the documentation, the drawings, and the specifications and that they are authorized to grant the license as per art.3.2.

The Parties warrant that they will not use the Site or the services offered by DDD to: (i) upload, transmit or distribute to or through the Site any computer virus, worm or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of duplicative or unsolicited message, commercial or otherwise; (iii) use the Site to collect, collect, gather or assemble information or data regarding other users, including email addresses, without their consent; (iv) interfere with, disrupt, or create an unreasonable load on servers or networks connected to the Site, or violate the regulations, policies, or procedures of such networks (v) attempt to gain unauthorized access to the Site (or other computer systems, servers, hardware, or networks connected to or used in conjunction with the Site, or to other users or any other third party;), whether through password mining or any other means (vi) harass or interfere with any other user's use and enjoyment of the Site (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests or queries to (or to strip, scrape or extract data from) the Site, including launching or using any automated means or process, such as "spiders," "robots," "load testers," etc., to retrieve or send multiple communications to the Site to collect or send more communications than a natural person could reasonably produce or to create user accounts; or (vii) threaten or harass any person or entity.

If the Parties fail to comply with the provisions of this Article, DDD may take any measures it deems appropriate, including preventing access to the services offered by the Platform.

7. Disputes

Any dispute or controversy related to Objects submitted by the Customer or by the Maker will be managed by DDD, it being understood that DDD will not be held responsible for it, considering that DDD will assume only the role of mediator.

For any request, DDD invites Users to contact its support center at the email address:assistance@dddprint.io.

DDD disclaims any responsibility for any failure to comply with the order by the Maker, and will not respond personally to subjective or objective disputes relating to what has been delivered by Maker.

8. Indemnification

The Parties agree to indemnify DDD (and its employees, agents, successors, and assigns) from, and hereby waive, all disputes, claims, demands, rights, and actions of every kind and nature (including personal injury, death, and property damage), that have arisen or result directly or indirectly from, or relate directly or indirectly to, the services offered by DDD through the Site (including any interaction with, or act or omission of, any third party links and advertisements).

The Parties agree to indemnify and hold DDD (officers, employees, representatives, and agents), harmless from and against all losses, claims, demands, damages, penalties, costs, and other expenses (including attorneys' fees and court and litigation expenses) arising out of:(a) the use of the Site, (b) violation of these Terms, (c) violation of applicable laws or regulations, or (d) User Content. DDD reserves the right, at the requesting User's expense, to assume the exclusive defense and control of any matter for which indemnification is sought, and User agrees to cooperate with DDD's defense of any such claim. User agrees not to settle any matter without the written consent of DDD, which agrees to inform User of any such claim, action, or proceeding as soon as it becomes known to User.

9. Limitations of Liability

The Site contains general information on the Services provided by DDD.

DDD offers only the services of connecting Customer with the Maker and does not guarantee the quality and the result of the 3D printed object, as well as the quality of the objects provided by the set of printing services unless it is proved that DDD is really at fault.

Therefore DDD cannot be held responsible for the delivery of objects produced by Makers that are defective or whose quality does not correspond to the order placed by the Customer.

Concerning items produced by Maker, DDD expressly disclaims all warranties and conditions of any kind, whether express, implied, contractual or statutory, including, but not limited to, all warranties, representations, guarantees or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy or non-infringement.

DDD does not warrant that the Site will meet Customer's needs, that it will be available on an uninterrupted, timely, secure, or error-free basis, or that it will be accurate, reliable, free of malware and viruses or other malicious code, complete, legal, or secure.

Any dispute regarding the quality and/or overall result of an item ordered to a Maker through the Site shall be addressed by the Customer directly to Maker.

DDD disclaims any liability for accidents related to the 3D printing of the order, such as a fire or any problems that may arise while handling the machines.

In no event shall DDD be liable to Customer or any third party for any claim, action, injury, loss or damage of any kind, including without limitation, personal injury or death, loss of profits, loss of data, loss of income, loss of or damage to property, cost of procurement of substitute products, or any direct or indirect, compensatory, consequential, exemplary, incidental, special or punitive damages arising out of or relating to these (i) terms; (ii) any use of or inability to use the Site - including, but not limited to - damage caused by malware, viruses, or any inaccuracy or incompleteness in the information or the Site; (iii) the use or inability to use electronic means of communication with this Site - including, but not limited to - damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or from computer programs used for electronic communications and transmission of viruses; (iv) or claims by third parties; in each case whether in an action in contract or in tort, even if we have been advised of the possibility of such damages. access to and use of the site is at your discretion and risk, and you will be solely responsible for any damage to your computer device or system, or loss of data that results therefrom.

Anyway, DDD's liability to Customer for any damages arising out of or related to these terms (for any cause whatsoever and regardless of the form of action), shall at all times be limited to a maximum of the amount paid by Customer to DDD in the Order.

10. Resolution

These Terms will remain in full force and effect during Customer's and Maker's use of the Site. DDD reserves the right to suspend or terminate access to the Site (including any Account) at any time, for any reason, in its sole discretion, including any use of the Site in violation of these Terms. The Parties acknowledge that termination of the Account may result in the deletion of content associated with DDD's database. DDD shall have no liability to the Parties for termination of the Account or deletion of Content.

11. Use of personal data

To produce the 3D Object, Maker may collect or obtain such personal data about the Customer because it is provided (e.g., through a form on our Website) or through communication from a third party (e.g., from third-party service providers to whom DDD contracts for business-related needs) or because such personal data is publicly available and accessible.

The personal data DDD collects may include: first name, last name, e-mail address and, in some circumstances, it may collect other special categories of personal data about Users, either with their prior express consent, or on a contractual basis or, again, in the presence of a legal obligation.

For more information on how the Parties' personal data and information are processed following the rules outlined in Regulation 679/2016 ("GDPR"), we invite you to read our privacy policy.

12. General regulations

12.1. Changes.

These Terms are subject to occasional revisions. In the event of material changes, DDD agrees to notify Users by sending an email to the last email address that was provided (if any), and/or by prominently posting notice of the changes on our Site. Users are responsible for providing us with their most current e-mail address. If the last e-mail address the User provided to us is not valid, or for any reason is unable to deliver the notice described above, our sending of the e-mail containing such notice will still constitute effective notice of the changes described in the notice. These changes will be effective immediately for new users of our Site. In the event of unilateral changes to these Terms, DDD will invite Users to accept or reject them when they first log in after the change to the Terms. Failure by User to accept the new Terms may prevent User from being able to use the Services.

12.2. Electronic Communications.

The Parties: (a) consent to receive communications in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to User in electronic form satisfy any legal requirements that such communications would satisfy if they were in written form.

12.3. Entire agreement.

These Terms, together with the Maker Quality Paper and Privacy Policy, constitute the entire agreement concerning the use of the Site and/or any Order.

12.4. Consumption Code.

If these Conditions are used in a situation where the Customer is a normal consumer and not a professional, certain terms and conditions will not apply. In this case, these Terms and Conditions shall apply to the extent permitted by the Consumer Code (Legislative Decree – Italian law 206/2005).

12.5. Partial Invalidity.

If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms shall be deemed valid and binding to the extent permitted by law.

12.6. Relationship between Parties.

The Parties declare that they are each acting on their behalf and not on behalf of any other person. Neither Party is an employee, agent, partner, franchisee, owner, joint venture, or representative of the other Party.

12.7. Transfer

These Terms may not be assigned or otherwise transferred by the Parties without DDD's written consent.

12.8. Applicable law and exclusive jurisdiction.

These Terms are subject to Italian Law. Any dispute arising out of these Terms and more generally out of the relationship between DDD and the Parties shall be under the exclusive jurisdiction of the Court of Milan.

12.9. Copyright/Brands Information.

Copyright © 2021 DDD. All rights reserved. All trademarks, logos, and service marks ("Marks") displayed on the Site are the property of DDD or third parties. You may not use these Marks without our prior written consent or the consent of such a third party that may own the Marks.

Last modified: 24 April 2021.

Copyright © 2022 DDD S.R.L.
via Luigi Mapelli 5, 20060 Bellinzago Lombardo (MI)
Cap. Soc. €100,00 - 11787870960 - MI-2625032

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