Terms and Conditions

The following are terms and conditions of a legal agreement between you and Cuboyo LLC, Grand-Rue 68, CH-1095 Lutry, Switzerland and its affiliates (collectively, “the Company”, “we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“Services”) and the use of www.cuboyo.com, www.cuboyo.ch, www.qboyo.com, bespoke.cuboyo.com (“Website”).

By using the Website, you acknowledge that you have read and understood these Terms and Conditions and agree to be bound by them and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the Website and benefit from the Services.

The Company reserves the right to make any changes to these Terms and Conditions as the Company deems necessary or desirable. Registered users will be informed of the changes to the Terms and Conditions . You are responsible to regularly check the content of the Website to be informed of any changes in these Terms and Conditions. Your continued use of the Website after any such changes or after explicitly accepting the new Terms and Conditions upon logging into the Website and using the Services shall constitute your consent to such changes.

The Services

The Services are made up of different services provided through the Website. One of our Services is to provide you with a platform that enables you to upload and make available 3D file(s) (“Files”) on the Website, allowing users to download them in exchange of a consideration ranging from USD$0 to $10 or more. If you want to turn a File into reality, you can download it and print it with your own 3D printing device.

YOU UNDERSTAND AND AGREE THAT YOU SHALL EXCLUSIVELY USE A FUNCTIONAL 3D PRINTING DEVICE IN ORDER TO PRINT THE FILES AVAILABLE ON THE WEBSITE.

Another of our Services is to deliver you manufactured goods (“Goods”) that you have ordered on the Website. This service represents a non-binding invitation for you to place an order with us. By filling out and sending an order form on the internet, you make a binding offer for a contract of sale or, as the case may be, a contract for work and materials. You will receive an order confirmation via e-mail. The order confirmation does not represent an acceptance of the offer, but shall only acknowledge to you that we have received your order. We only accept the contract when we ship the ordered Goods. The contract ends with the shipment of the Goods to the provided address.

Further, the Company may provide other services and community features through the Website where you can get in touch with other users, call for 3D designs or share your experience.

Account Terms

You must be at least eighteen (18) years of age to use the Services. If you are under 18, you may use Website only with involvement and agreement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services. You are responsible for maintaining the confidentiality of your password and account, and are responsible for all activities that occur there under.

We make no promise that material on the Website is appropriate or available for use in locations outside Switzerland. Accessing to the Website from locations where its contents are by law illegal or unlawful is prohibited. If you choose to access the Website from locations outside Switzerland, you do so on your own initiative and you will be entirely responsible for compliance with local laws.

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.

The Company is entitled at any time to delete your user account and block your access to the Website in the event it considers that your use of Website does not fully comply with these Terms and Conditions or with any applicable laws.

Prices and payment

The prices displayed on the Website are only indications and are valid only for the time they are displayed. All prices are subject to change at any time. The prices for Goods include the fee for the Service (such as manufacturing and packing), the price for the materials and VAT (if applicable). It excludes shipping costs, any import duty or taxes (if applicable). If a Goods is listed on the Website at an incorrect price or with incorrect information, orders for such Goods will be revised to reflect the correct price or information. The prices for the Files are set by the user that uploads the File and not by the Company. The Company will only take a commission of 30% on the price paid to the user that uploaded the File. You will be entitled to get 70% of the price paid by the user each time the File is downloaded by a new user. The Company will transfer every month your gains via PayPal subject to the PayPal User agreement. The transfer costs shall be exclusively supported by you. The Company shall in no event be bound by the agreement between you and the user that uploaded the File or be liable in any way on the basis of this agreement or the content of the File. For further details, please refer to the Company commercial policy

If there are errors on the details in the confirmation email you should contact us as soon as possible by sending an email to support@cuboyo.com.

The prices displayed on the Website include VAT, where applicable, and shall under no circumstances be refundable (even if you cannot download the File or if the Goods are not delivered). All prices are indicated in U.S. dollars (USD). If you do not pay in USD, the currency conversion will be handled by our payment service provider. All fees related to the payment of your balance due shall be carried out by the user that made available the File.
Additional costs may be invoiced depending on your country of residence. We are not responsible for any additional import taxes or custom charges that may be incurred on international shipments. All customs duties, if any, are your sole responsibility.

The payment of your order will be done via PayPal (www.paypal.com). Please make sure that you have a PayPal account before purchasing a good or a File on the Website and familiarize yourself with the PayPal User agreement (https://cms.paypal.com/us/cgi-bin/?cmd=_render-content&content_ID=ua/Legal_Hub_full) with which you shall strictly comply. The Company shall not be responsible in any way for the payment process done via PayPal. The Company will not perform the Services until it received confirmation via PayPal that the transfer of the amount indicated in the order confirmation form has been completed. Under no circumstances will the Company refund any payment made via PayPal to get access and download a File.

Files

You must submit your Files in .STL format and shall strictly respect the 3D printing design guidelines. In particular, before submitting your Files to the Website, you shall ensure their printability with a standard 3D printing device.

You represent and warrant that the Files uploaded on the Website will be printable with a standard 3D printing device and will not damage the users’ computer system, software or 3D printing devices or contain any malicious or contaminated files, software or content.

To order a File, you shall select the File and click the buy button. Once the order is placed, you will be redirected to our payment provider’s website (www.paypal.com) to initiate your payment. You also have the choice to use the wallet available on the Website that you may credit via your PayPal account. Please be informed that the language to be used during the whole ordering process is English.

The Files downloaded from the Website are for your personal use only. As a user of the Website, you shall not sell, rent, forward (per email or per any other way), post on social networks, give away, monetize in any way or make any commercial or non-commercial use (other than for your personal use) of the Files downloaded from the Website. You shall not sell, rent, give away, monetize in any way or make any commercial or non-commercial use (except for your personal use) of the objects printed on the basis of the Files downloaded from the Website.

By downloading a File from the Website, you take the full commitment to use it for personal use only and not to communicate it to third parties in any way (including technical means not known on the date of these Terms and Conditions) or reproduce it for other purposes than personal use. Except as provided herein, you shall not copy or register the content of the downloaded File on your own as if you were the original creator.

Goods

To order Goods, you shall select the good and click the buy button. Once the order is placed, you will be redirected to our payment provider’s website (www.paypal.com) to initiate your payment. You also have the choice to use the wallet available on the Website that you may credit via your PayPal account. Please be informed that the language to be used during the whole ordering process is English.

You must ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Goods purchased through our Website. By placing an order, you represent that the Goods ordered will be used only in a lawful manner.

We reserve the right to refuse to manufacture any Goods that we feel violate our image policies. You are responsible for the logo that you upload (or send by e-mail) for use in creating Goods and any issues (legal or otherwise) that arise from the creation of branded products by us displaying your logo (see “User Generated Content” herunder).

Warranty

The Company provides the Website and the Services “as is“ and “as available”. The Company does not warrant that the use of the Website and the Services will be uninterrupted or error free.

The Company does not give any warranty about the Files and does not warrant that the Files will be fit for any particular purposes, including 3D printing. If the File is faulty when you print it, please send an e-mail to support@cuboyo.com.

The Company does not give any warranty about the Goods and does not warrant that they will be fit for any particular purposes. We warrant only that the Goods delivered to you meet your specifications and are manufactured in accordance with usual processes and standards. Nothing in these Terms and Conditions entitles you to return the Goods as being defective. Under no circumstances you must return it to us.

We make reasonable efforts to accurately display the attributes of our Goods, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any Goods or Services on our Website at a particular time does not imply or warrant that these Goods or Services will be available at any time. Descriptions, images, references, features, content, specifications, products, price and availability of any Goods or Services are subject to change without notice, and our current prices can be found on our Website.

We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Goods or Service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all purchase(s); and/or to refuse to provide any user with any Goods or Service.

While we will make our best efforts to ship you the Goods in accordance with your delivery method (Normal, Fast, and Express); under no circumstances we are responsible for delay in delivery or failure to deliver. We cannot be responsible for lost or damaged packages. If your package is sent by UPS or FedEx and is lost or damaged, you may contact UPS or FedEx. We cannot guarantee delivery times when shipping to a P.O. Box and we reserve the right, to cancel any orders submitted for shipment to a freight forwarder or similar entity.

THE COMPANY MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. WE SHALL IN PARTICULAR NOT BE HELD LIABLE IN ANY WAY OF THE USE OF GOODS AND OF THE FILES AND OBJECTS PRINTED ON THE BASIS OF THE FILES MADE AVAILABLE ON THE WEBSITE THAT YOU WILL DO. WE SHALL NOT BE HELD LIABLE FOR THE QUALITY OR THE DURABILITY OF THE GOODS AND OF THE OBJECTS PRINTED OR DELIVERED. IN PARTICULAR, IF YOU PRINT AN OBJECT WITH A 3D PLASTIC PRINTER, YOU SHALL BE SOLELY RESPONSIBLE IF YOU USE THIS OBJECT IN AN INAPPROPRIATE ENVIRONMENT, INCLUDING BUT NOT LIMITED TO AN ENVIRONMENT WITH HIGH TEMPERATURES (ABOVE 50°C). THE COMPANY DOES NOT GIVE ANY WARRANTY ABOUT THE GOODS AND THE CONTENT OF THE FILES AND DOES NOT WARRANT THE ABSENCE OF INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS IN RELATION TO THE GOODS AND THE CONTENT OF THE FILES.

Use of the Company Website

Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text, animations, files and photographs and excluding all User Generated Content) shall rest with the Company 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 the Company is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor, extract or copy any content from the Website. Our rights include rights to (i) the Website (ii) the Services developed and provided by us; and (iii) all software associated with the Services or Website. All copyright and other proprietary notices shall be retained on all reproductions.

This Website may provide links to other websites that are not under the control of the Company. The Company shall not be responsible in any way for the content of such other websites. The Company provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by the Company of the content of such websites.

Since the Services are web-based services, they 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 endeavour to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.

User Generated Content

The term “User Generated Content” when used in these Terms and Conditions shall mean any File uploaded to the Website (or sent to us by e-mail) by you and the pictures of objects, logos, comments on the Website as well as specifications provided by you (in written or by e-mail).

You understand and agree that the User Generated Content you upload (or sent to us by e-mail) on the Website will be stored for an indefinite period of time on the Company’s servers. While uploading (or sending) the User Generated Content, you shall ensure that they are not corrupted or contain any viruses or malicious software or file of any kind. All damages are reserved by the Company if you upload corrupted or contaminated Files.

User Generated Content shall not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, provocative, 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, registered or unregistered. You shall not upload (or send to us by e-mail) User Generated Content on the Website which may be infringing upon or appropriating any third party Intellectual property rights.

User Generated Content shall not include, allow, encourage or incite in any way users of the Website to counterfeit, print, copy or use objects protected by Intellectual property rights or prohibited by law, including but not limited to guns, bombs, weapons and explosive devices of any kind, sex oriented objects of any kind or any illegal object, design, logo or device of any kind.

The Company reserves the right to delete and remove from the Website any User Generated Content that does not strictly comply with these Terms and Conditions or any applicable law and to notify you such removal by e-mail.

However, the Company has no obligation to review the User Generated Content and shall in no way be held responsible for the content of the User Generated Content or the specifications mentioned below. Opinions expressed in the User Generated Content are not necessarily the opinion of the Company.

While uploading (or sending to us by e-mail) User Generated Content on the Website, you are required to complete the following specifications (and acceptance):

While completing the above mentioned specifications, you shall not indicate any inaccurate or misleading information nor use in your description of the User Generated Content any name or word protected by a trademark, trade name or any Intellectual property right which may represent an infringement, counterfeit or an act of passing off with such trademark, trade name or any Intellectual property right. You hereby represent and warrant that the specifications do not infringe upon any third party Intellectual property rights and accurately describe the User Generated Content uploaded (or sent to us by e-mail) on the Website.

You may also illustrate your User Generated Content with an image, thumbnail, logo or picture.

The Company shall not be held liable in any way in the event that the specifications and/or illustration are not complete, satisfactory for the users or cause any damage to the user in the event that (i) the printing parameters are not correct and/or (ii) the quality of the printing does not meet the expectations of the user. The Company will not be held liable in the event of divergence between the image, thumbnail or picture illustrating the object printed on the basis of the File available on the Website or in the event of poor quality of the printing.

You shall not post User Generated Content in inappropriate categories or areas on the Website or violate any applicable law, third party rights or these Terms and Conditions.

In order to keep the Company and the Website appropriate for a general audience and to cooperate with Intellectual property right owners, we implemented our “Content, Notice-Take-Down Policy”. If you consider that User Generated Content is infringing upon your Intellectual property rights, is offensive, breaches the law or these Terms and Conditions, please send an e-mail to abuse@cuboyo.com. The Company intends to strictly respect copyright, design rights and other Intellectual property rights. In order to protect third party Intellectual property right owners who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, we retain the right, without having the obligation, to review, refuse and delete any User Generated Content when it, in our own discretion, appears to infringe third party Intellectual property rights, or when, in our discretion, it does not strictly comply with these Terms and Conditions or any applicable laws.

You can remove your User Generated Content from the Website at any time. You can unsubscribe and delete your user account at any time and ask the Company to receive your balance within a 30 days period. By deleting your user account, the Company will consider that you wish to delete and remove your User Generated Content from the Website. By removing your User Generated Content from the Website or deleting your user account, you terminate all licenses granted to the Company to such User Generated Content under these Terms and Conditions. You understand and agree that Users of the Website who ordered or acquired your User Generated Content before your removal are entitled to continue using and printing your User Generated Content for an indefinite period of time. You hereby grant a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to the Company to access, use, edit, and display your User Generated Content after your removal from the Website for the sole purpose of providing access to the users to the downloaded Files and displaying them under the section “My Purchases” of their user account.

Intellectual Property Rights of User Generated Content

You shall retain all Intellectual property rights in your User Generated Content. Except for the rights and licenses specified below, the Company shall not use or modify the User Generated Content or derivatives thereof.

By submitting User Generated Content through the Services or Website, you hereby grant the Company a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to access, download, use, edit, display, remove and delete (if necessary), print, modify, manufacture, reproduce, distribute, sell, perform, advertise, promote and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Files in any media formats and through any media channels (including, without limitation, third party websites and feeds).

You also hereby do and shall grant the Company and each user of the Website and/or the Services a non-exclusive license to access and download your User Generated Content through the Website and/or the Services, and to use, display, edit, copy, print, reproduce, manufacture, for personal use only, such User Generated Content in accordance with these Terms and Conditions and all applicable laws.

For clarity, the foregoing license granted to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing.

By uploading (or sending us per e-mail) User Generated Content on the Website, you represent and warrant that it is your original creation or that you have been licensed all the rights to the User Generated Content and that it is not copied from any third party and/or entity. You represent and warrant that you have all rights to grant such licenses to us and our users without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, trade names, design rights, registered designs, patent rights, contract rights, or any other Intellectual property or proprietary rights.

You represent and warrant that your User Generated Content will not infringe upon any Intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend the Company against third party claims and hold the Company free from any damages, claims or indemnity and costs (including attorney’s fees and juridical costs), whether direct or indirect, incurred by the Company and be held solely liable for all (direct and indirect) damages, claims or indemnity and costs with respect to such claims.

Consent to Use of Personal Data

By using our Services you agree that the Company may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the Company Privacy Policy. Company Privacy Policy. For more information please read the Company Privacy Policy.

Limitation of Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the Company Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services through the Website except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

You understand and agree that you are printing the User Generated Content available for download on the Website at your own risk.

THE COMPANY WILL NOT BE LIABLE IN ANY WAY IF GOODS OR OBJECTS THAT MAY BE DELIVERED AND/OR PRINTED ON THE BASIS OF THE FILES HAVE NOT BEEN PRINTED WITH THE PROPER PRINTING DEVICE, THE RIGHT PARAMETERS AND/OR IF THE QUALITY OF THE PRINTING OR THE GOODS DOES NOT MEET THE EXPECTATIONS OF THE USER OR CAUSES A DAMAGE TO THE USER, ANY THIRD PARTY OR HIS/HER/ITS 3D PRINTING DEVICE OR ANY THIRD PARTY DEVICE.

THE COMPANY WILL NOT BE LIABLE FOR DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES TO OTHER OBJECTS, HUMAN OR ANIMAL DEATH, INJURY OR ANY HEALTH PROBLEM, CAUSED BY GOODS OR OBJECTS OR THE USE OF GOODS OR OBJECTS THAT MAY BE PRINTED OR DELIVEERED ON THE BASIS OF FILES AVAILABLE ON THE WEBSITE. ANY DEATH OR INJURY CAUSED BY PRINTING OR USE OF GOODS OR OBJECTS THAT MAY BE DELIVERED OR PRINTED ON THE BASIS OF FILES AVAILABLE ON THE WEBSITE SHALL BE THE SOLE RESPONSIBILITY OF THE USER.

THE COMPANY WILL NOT BE LIABLE FOR THE QUALITY, OUTLOOK AND FUNCTIONALITY OF THE GOODS OR OBJECTS THAT MAY BE PRINTED OR DELIVERED ON THE BASIS OF FILES AVAILABLE ON THE WEBSITE.

THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF DATA AS A RESULT OF UNAUTHORIZED THIRD PARTY ACCESS, TECHNICAL PROBLEM OR OTHER SYSTEM OR HUMAN FAILURE.

THE COMPANY WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.

OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE COMMISSION RECEIVED BY THE COMPANY FOR THE RELEVANT ORDER.

NOTHING IN THESE TERMS AND CONDITIONS SHALL LIMIT OR EXCLUDE OUR LIABILITY (I) FOR FRAUD (II) GROSS NEGLIGENCE OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED BY LAW.

Applicable Law

These Terms and Conditions shall be governed by the substantive laws of Switzerland.

Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the Services or Website or relating to the User Generated Content or related 3D files, shall be brought in the courts of Lausanne, Switzerland. The United Nations Convention on the International Sale of Goods shall not apply to the Services or Website or download of Files.

Indemnification

You agree to indemnify and hold the Company and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys’ fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

Miscellaneous

These Terms and Conditions, together with the Privacy Statement and any other policies, guidelines, or FAQs posted by the Company represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and the Company. No amendment of these Terms and Conditions shall be binding upon the Company unless in writing and signed by the Company. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

Contact Information

If you have any questions regarding these Terms and Conditions, the Website or the Services, you can contact us by sending an email: legal@cuboyo.com.

SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. THE COMPANY MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.

Date of issue of these Terms & Conditions: 1st December 2013