Terms of Service

Terms of Service

3DaGoGo, Inc DBA AstroPrint Terms of Service

Posted: July 16, 2019

Effective: July 16, 2019

Thanks for using AstroPrint! These terms of service (“Terms”) cover your use and access to our services, client software, and websites ("Services"). Please Note: The corporate entity behind AstroPrint is 3DaGoGo, Inc. Within this document, the names 'AstroPrint' and '3DaGoGo, Inc' are used interchangably.

Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy (see below) outlines your responsibilities when using our Services. By using our Services, you are agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization.

Your Stuff & Your Permissions

When you use our Services, you provide us with things like your files, content, and so on (“Your Stuff”). Your Stuff is yours. These Terms do NOT give AstroPrint any rights to Your Stuff except for the limited rights that enable us to offer the Services.

You grant AstroPrint permission to do things like hosting Your Stuff, backing it up, and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing, and searching. These and other features may require our systems to access, store, and scan Your Stuff. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.

You grant AstroPrint permission to aggregate non-personal data generated from your account (such as print time, print success/failure rate, etc) to be used to analyze industry trends and to help us improve the Services offered.

For clarity purposes: While we need permission to access Your Stuff to provide you with our Services, AstroPrint does not claim ownership of the intellectual property associated with files uploaded to the system (such as STL files), or files created on the system (such as gcode files).

Sharing Your Stuff

Our Services let you share Your Stuff with others, so please think carefully about what you share. By default, sharing is turned off for all of your files/content. You will have to manually turn sharing on if you wish to share Your Stuff.

Your Responsibilities

You are responsible for your conduct. Your Stuff and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We are not responsible for the content people upload, post, and share via the Services.

Help us keep you informed and Your Stuff protected. Safeguard your password to the Services, and keep your account information current. Do not share your account credentials or give others access to your account.

You may use our Services only as permitted by applicable law, including export control laws and regulations. Finally, to use our Services, you must be at least 13 years old, or in some cases, even older. For example, if you live in France, Germany, or the Netherlands, you must be at least 16 years old. Please check your local law for the age of digital consent. If you do not meet these age requirements, you may not use the Services.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. You agree to not transmit any worms or viruses or any code of a destructive nature.

Acceptable Use Policy

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in any unlawful acts;

(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(f) to submit false or misleading information;

(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

(h) to collect or track the personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;

(j) for any obscene or immoral purpose;

(k) to harass or abuse 3DaGoGo, Inc personnel or representatives or agents performing services on behalf of 3DaGoGo, Inc; or

(l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Software

Some of our Services allow you to download client software (“Software”) which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we will make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.

Beta Services

We sometimes release products and features that we are still testing and evaluating. Those Services have been marked beta, preview, early access, or evaluation (or with words or phrases with similar meanings) and may not be as reliable as AstroPrint’s other services, so please keep that in mind.

Optional Tools / 3rd Party Apps

We may provide you with access to third-party tools (3rd Party Apps) over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Our Stuff

The Services are protected by copyright, trademark, and other US and foreign laws. These Terms do not grant you any right, title, or interest in the Services, others’ content in the Services, AstroPrint trademarks, logos, and other brand features.

User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Copyright

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement, if they comply with the law, with standard processes as outlined via the DMCA (Digital Millennium Copyright Act).

Paid Accounts

Billing. You can increase your storage space and add paid features to your account (turning your account into a "Paid Account"). We will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation. If you are on an annual plan, we will send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. You are responsible for all applicable taxes, and we will charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph does not override these laws.

No Refunds. You may cancel your AstroPrint Paid Account at any time. Upon cancelation, your paid account will remain active until the end of the term you have paid for. At that time, your account will become a ‘Basic’ account (Free), and will be restricted to the features and thresholds available to that account tier.

Refunds are typically only issued if required by law, or in cases of extenuating circumstances. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.

Downgrades. Your Paid Account will remain in effect until it is cancelled or terminated under these Terms. If you do not pay for your Paid Account on time, we reserve the right to suspend it or reduce the features and services available to you.

Changes. We may change the fees for your Paid Account, but will give you advance notice of these changes via a message to the email address associated with your account.

AstroPrint for Organizations (Accounts that have multiple users)

Using AstroPrint as part of an organization. If you join an organization in AstroPrint, you must use your Account in compliance with your organization's terms and policies. Please note that AstroPrint Organization accounts are subject to your organization's control. Your administrators may be able to access, disclose, restrict, or remove information in or from your AstroPrint Organization account. They may also be able to restrict or terminate your access to an AstroPrint Organization account. If you convert an existing AstroPrint account into part of an AstroPrint Organization, your administrators may prevent you from later disassociating your account from the AstroPrint Organization.

Termination

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services if:

(a) you are in breach of these Terms,

(b) you use the Services in a manner that would cause a real risk of harm or loss to us or other users, or

(c) you do not have a Paid Account and have not accessed our Services for 12 consecutive months.

We will provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Stuff from our Services. If after such notice you fail to take the steps we ask of you, we will terminate or suspend your access to the Services.

We will not provide notice before termination where:

(a) you are in material breach of these Terms,

(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or

(c) we are prohibited from doing so by law.

Discontinuation of Services

We may decide to discontinue the Services in response to unforeseen circumstances beyond AstroPrint’s control or to comply with a legal requirement.

Services “AS IS”

We strive to provide great Services, but there are certain things that we cannot guarantee.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

Limitation of Liability

ASTROPRINT, ITS AFFILIATES, SUPPLIERS, OR DISTRIBUTORS WILL NOT BE LIABLE FOR:

i. ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, (INCLUDING DAMAGE TO HARDWARE SUCH AS A 3D PRINTER), OR

ii. ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.

THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ASTROPRINT OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, ASTROPRINT, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ASTROPRINT AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.

OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU HAVE PAID UNDER YOUR CURRENT SERVICE PLAN WITH ASTROPRINT, OVER THE PREVIOUS 12 MONTHS.

Resolving Disputes

Judicial forum for disputes. You and AstroPrint agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of San Diego County, California, subject to the mandatory arbitration provisions below. Both you and AstroPrint consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, European Union member states) with laws that give consumers the right to bring disputes in their local courts, this paragraph does not affect those requirements.

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:

We Both Agree To Arbitrate. You and AstroPrint agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.

Arbitration Procedures. The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be held in San Diego County, California, USA. Any such arbitration shall be conducted by an arbitrator experienced in Software and Technology and shall include a written record of the arbitration hearing.

Controlling Law

These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph does not override those laws.

Entire Agreement

These Terms constitute the entire agreement between you and AstroPrint with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

Waiver, Severability & Assignment

AstroPrint’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. AstroPrint may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Indemnification

You agree to indemnify, defend and hold harmless 3DaGoGo, Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Modifications

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.