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TERMS OF USE

Last updated: 2020, April

General  

Welcome to the Hubs website (the “ Site”). These Terms of Use (the “ Terms”) create a legal  agreement between you (“You”) and Hubs.  

Hubs is comprised of different legal entities including 3D Hubs, Inc., 3D Hubs Manufacturing LLC  and 3D Hubs B.V. These Terms are issued on behalf of each of these companies and their  affiliates, so when we mention “ Hubs,” " we", " us" or " our" in these Terms, we are referring to the  relevant Hubs group entity.  

The Site is a copyrighted work belonging to Hubs. Certain features of the Site may be subject to  additional guidelines, terms, or rules, which will be posted on the Site in connection with such  features. Without limitation to the preceding sentence, Your submission of information, including  personal information, through or in connection with the Site is governed by the terms of our privacy  policy as updated from time to time (“ Privacy Policy”). All additional terms, guidelines, and rules,  including our Privacy Policy, and our General Terms of Sale, are incorporated by reference into  these Terms. Unless otherwise defined in these Terms, terms used here starting with a capital  letter shall have the same meaning as in our General Terms of Sale.  

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT  GOVERN YOUR USE OF THE SITE WHICH AND APPLY TO ALL INFORMATION,  RECOMMENDATIONS AND/OR SERVICES PROVIDED TO YOU ON OR THROUGH THE  SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON  BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT  AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER  INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU  REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF  YOU ARE NOT AT LEAST 18 YEARS OLD OR OVER THE LEGAL AGE REQUIRED TO ENTER  INTO A VALID CONTRACT UNDER LAW APPLICABLE TO YOU. IF YOU DO NOT AGREE  WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE  SITE.  

Our Site, apps, products, and services are designed for businesses and their representatives.  We do not target consumers – individuals who seek to use our products and services for their  personal or household purposes.  

1. Accounts  

1.1 Account Creation. In order to use certain features of the Site, You must register for an  account (“ Account”) and provide certain information about Yourself as prompted by the account  registration form. You represent and warrant that: (a) all required registration information You  submit is truthful and accurate and (b) You will maintain the accuracy of such information. You  may delete Your Account at any time, for any reason, by following the  

instructions on the Site. We may suspend or terminate Your Account in accordance with these  Terms. 

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of  Your Account login information and are fully responsible for all activities that occur under Your  Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized  use of Your Account or any other breach of security. We cannot and will not be liable for any loss  or damage arising from Your failure to comply with the above requirements.  

2. Access to the Site  

2.1 Certain Restrictions. The rights granted to You in these Terms are subject to the  following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host,  reformat or otherwise commercially exploit the Site, whether in whole or in part, or any content  displayed on the Site; (b) You shall not modify, make derivative works of, disassemble, reverse  compile or reverse engineer any part of the Site; (c) You shall not access the Site in order to build  a similar or competitive website, product, or service; and (d) except as expressly stated herein,  no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed,  posted or transmitted in any form or by any means. Unless otherwise indicated, any future release,  update, or other addition to functionality or content of the Site shall be subject to these Terms. All  copyright and other proprietary notices on the Site (or on any content displayed on the Site) must  be retained on all copies thereof.  

2.2 Modification. We reserve the right, at any time, to modify, suspend, or discontinue  the Site (in whole or in part) with or without notice to You. You agree that we will not be liable to  You or to any third party for any modification, suspension, or discontinuation of the Site or any  part thereof.  

2.3 No Support or Maintenance. You acknowledge and agree that We will have no  obligation to provide You with any support or maintenance in connection with the Site.  

2.4 Ownership. Excluding any User Content (defined below) that You may provide, You  acknowledge that all the intellectual property rights, including copyrights, patents, trademarks,  and trade secrets, in the Site and its content are owned by us or our suppliers. Neither these  Terms (nor Your access to the Site) transfers to You or any third party any rights, title or interest  in or to such intellectual property rights. We reserve all rights not granted in these Terms. There  are no licenses granted under these Terms, whether implied, express or by implication or  estoppel.  

3. User Content  

3.1 User Content. User Content” means any and all information and content that a user  submits to, or uses with, the Site (e.g., content in the user’s profile, content or data  communicated to Hubs in voice, email, text, or via other messaging and/or uploads including  data, 3D CAD data and 2D technical drawings). You are solely responsible for Your User  Content. You assume all risks associated with use of Your User Content, including any reliance  on its accuracy, completeness or fit for purpose, or any disclosure of Your User Content by You  that personally identifies You or any third party. You hereby represent and warrant that Your  User Content does not violate our Acceptable Use Policy (as described herein). Because You  alone are responsible for Your User Content, You may expose Yourself to liability if, for  example, Your User Content violates the Acceptable Use Policy. We are not obligated to backup  any User Content, and Your User Content may be deleted at any time without prior notice. You  are solely responsible for creating and maintaining Your own backup copies of Your User Content  if You desire.   

3.2 License. By providing User Content to Hubs, You grant Hubs an irrevocable, non-

exclusive, perpetual, royalty-free, fully paid up, worldwide, transferable and sub-licensable right  and license to use, copy, modify, reproduce, distribute and display the data (including 3D CAD  Data and 2D technical drawings), documentation, drawings and specifications in Your User  Content, and to grant sublicenses of the foregoing rights, solely for the purposes of (1) providing  the Site and all information, recommendations and/or services provided to You on or through our  Site and (2) to improve our products and services, improving our machine learning and pricing  algorithms. You hereby irrevocably waive (and agree to cause to be waived) any claims and  assertions of moral rights or attribution with respect to Your User Content.  

3.3 Publicity. By creating an account on the Site, You authorize Hubs to use Your  trademarks, logos, names or signs for marketing purposes. This means that Hubs may mention  You as a customer of Hubs on our Site and in other promotional material such as advertising,  press releases, interviews, promotional materials or presentations. We will not use Your name if  You are a natural person, and the substantive content provided by You continues to be governed  by the confidentiality clauses in these Terms.  

3.4 Your representations  

(a) You represent and warrant that You are authorized to use the Site and that  You have the authority to conclude legally binding agreements. The Information offered by Hubs  on the Site is only available to individuals who are 18 years or older and who can form legally  binding contracts under applicable law.  

(b) You represent and warrant that all information You submit to the Site is  accurate and truthful and that You have the full right and authority to provide us with all User  Content, documentation, drawings and specifications, and You are authorized to grant the  license referred to in Section 3.  

(c) You also represent and warrant that You will use any User Content and  resulting Parts in strict accordance with all applicable laws and requirements.  

(d) You agree warrant that You will not use the Site or our services to: (i) upload,  transmit, or distribute to or through the Site any computer viruses, worms, 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 messages, whether commercial or otherwise; (iii)  use the Site to harvest, collect, gather or assemble information or data regarding other users,  including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue  burden 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 to other  computer systems, servers, hardware or networks connected to or used together with the Site, or  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 mine data  from) the Site, including launching or using any automated means or process, such as “spiders”,  “robots”, “load testers” etc., for retrieving or sending more communication than a natural person  could reasonably produce or to create users accounts; or (vii) threaten or harass any person or  entity.  

(e) You also represent and warrant that You will use our Site, any User Content  and resulting Parts in strict accordance with our Acceptable Use Policy. 

3.5 Acceptable Use Policy. The following terms constitute our “ Acceptable Use  Policy”:  

(a) will only use the Site in compliance with, and understand and agree with,  including making the relevant certifications under, our Hubs export control policy (the “ Export  Control Policy”), as follows:  

(i) You understand that Hubs does not accept Export Controlled Data. “Export Controlled  Data” is defined as data which is controlled for export under E.U. or US law, as applicable based  on Your place of order, residency and/or status under E.U. and U.S. law. Under E.U. law, this  includes (technical) data and/or end Parts that are: (1) controlled under the Common Military List  of the European Union or any EU Member State equivalent, or (2) subject to the EU Dual Use  Regulation 428/2009 (as amendedby Regulation 2019/2199). Under U.S. law, this includes  technical data and/or end Parts that are: (1) controlled under the International Traffic in Arms  Regulations, or (2) subject tothe Export Administration Regulations, and controlled at any level  beyond EAR99.  

(ii) You certify that Your data (including 3D CAD data and drawings)  

and/or Your Order DOES NOT include Export Controlled Data. 

(iii) You understand that by uploading Your data to the Site, You are exporting data to  another country. Hubs maintains operations abroad, employspersons abroad, and has  printing and manufacturing partners abroad. 

(iv) You certify that You understand that it is Your responsibility to 

determine and provide the appropriate export classification for the products and related  technology and software to be provided to Hubs and to comply with prohibition on Export  Controlled Data provided herein. Hubs relies entirely on You to provide accurate informationfor  purposes of compliance with applicable export control laws. The export classificationindicates  whether the product and related technologies are controlled, the relevant jurisdiction or  jurisdictions, when an export license is required, and whether the product and technology qualify  for a license exception. An incorrect classification could result in export control violations, which  could in turn lead to significant fines and other sanctions.  

(v) You represent and warrant that the production, shipping, sale and use  of the Parts or tooling by us in response to Your Order, does not violate any export control laws  or regulations. 

(vi) You represent and warrant that You will not, directly or indirectly, (1) sell, export, reexport,  transfer, divert, or otherwise dispose of any products, software, or technology (including products  derived from or based on such technology) received from Hubs to any destination, entity, or  person prohibited by law or regulation or (2) use Parts for any 

use prohibited by law or regulation, without obtaining prior authorization from the competent  government authorities as required by those laws and regulations. 

(b) You further represent and warrant that You will only use the Site in compliance  with, and understand and agree with our Hubs content policy (the “ Content Policy”), as follows.  You represent and warrant that Your User Consent (including 3D CAD data and drawings),Your  Order and/or the production, shipping, sale and use of the Parts or tooling by us:  

(i) Does not contain any weapons. “ Weapons” is broadly defined as:

• Firearms, firearm component parts, or ammunition. This includes  

(1) any device which will or is designed to or may readily be  

converted to expel a projectile by the action of an explosive; (2)  

any device capable of being concealed on the person from which  

a shot can be discharged through the energy of an explosive; (3)  

any component part integral to the safe firing of a projectile by  

means of an explosive from a device described in (1) or (2); and  

(4) ammunition including cartridge cases, primers, bullets, or  

propellent powder designed for use in any firearm; 

• Bladed weapons. This includes knives designed to cause bodily  

harm and any part or component thereof. A bladed weapon  

includes automatic knives, knives that are undetectable by a metal  

detector, stilettos, switchblades, butterfly knives, throwing knives,  

folding knives, gravity knives, and disguised knives (for example,  

a sword cane).  

• Explosive devices. This includes grenades, rockets, explosives,  

incendiary devices, missiles, land mines, and related parts or  

components thereof; 

• Toy guns or other items with arms-like appearance. This includes  

paintball guns, airsoft guns, training weapons, mock guns, mock  

weapons, weapon replicas and items that look like a gun or other  

weapon; and 

• Arms-related items and/or weapon accessories. Accessories,  

parts or components to any weapon if that  

accessory/part/component contributes to the functioning of the  

weapon and/or attaches to the item. For example, this includes  

scopes, mounts and knife handles because they are attached to a  

weapon, but would not include a knife case or holster because  

they are neither attached to nor contribute to the functioning of the  

weapon.

(ii) Does not contain any critical (functional) parts for aerospace,  

watercraft, offshore, automotive and or medical applications; 

(iii) Does not violate, misappropriate or infringe any intellectual party rights  (including but not limited to any copyright, patent, design right, trademark, trade secret or any  other proprietary rights) or any third party rights; 

(iv) Does not contain information, which is false, inaccurate,misleading,  harassing, racially or ethnically offensive, discriminatory, harmful to minors, libelous or  defamatory, including information used to produce counterfeit goods; 

(v) Is not contrary to or in violation of any applicable law or regulations or  public policy; and 

(vi) Does not violate our Export Control Policy

(c) Please be informed that the use of our Site and/or uploading of User Content 

to print a firearm may be punishable by law. Hubs has a (statutory) obligation to report User  Content and/or Orders for firearms that it considers reasonably suspicious.  

(d) Hubs reserves the right to reject any use of our Site and/or Order that is based  on User Content that it feels—in its discretion—violates this Acceptable Use Policy. It is and  remains Your sole responsibility to comply with this Acceptable Use Policy when using the Site  and/or uploading designs to the Site and placing Orders. Hubs is not obliged to check the User  Content before accepting or executing any Order or having the Parts manufactured by its  manufacturing partners.  

IF YOU HAVE ANY DOUBT WHETHER YOUR USE OF THE SITE AND/OR USER CONTENT  AND/OR THE PRODUCTION, SHIPPING, SALE AND USE OF THE PARTS OR TOOLING BY  US IS PERMITTED UNDER OUR ACCEPTABLE USE POLICY, DO NOT USE THE SITE OR  UPLOAD YOUR DATA.  

3.6 Enforcement. We reserve the right (but have no obligation) to review any User  Content, and to investigate and/or take appropriate action against You in our sole discretion if You  violate the Acceptable Use Policy or any other provision of these Terms or otherwise create  liability for us or any other person. Such action may include removing or modifying Your User  Content, terminating Your Account, and/or reporting You to law enforcement authorities. Any  attempt by You to damage the Site or to undermine the legitimate operations of Hubs’ business  or services may be a violation of criminal and civil laws and should any such attempt be made;  we reserve the right to seek damages from You to the fullest extent permitted by law.  

3.7 Feedback. If You provide us with any feedback or suggestions regarding the Site  (“ Feedback”), You hereby assign to us all rights in such Feedback and agree that we shall have  the right to use and fully exploit such Feedback and related information in any manner we deem  appropriate. We will treat any Feedback You provide to us as non-confidential and non  

proprietary. You agree that You will not submit to us any Feedback that You consider to be  confidential or proprietary.  4. Third-Party Links & Ads  

4.1 Third-Party Links & Ads. The Site may contain links to third-party websites and  services, and/or display advertisements for third parties (collectively, “ Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third Party Links & Ads. We provide access to these Third-Party Links & Ads only as a  convenience to You, and does not review, approve, monitor, endorse, warrant, or make any  representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at  Your own risk, and should apply a suitable level of caution and discretion in doing so. When You  click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply,  including the third party’s privacy and data gathering practices. You should make whatever  investigation You feel necessary or appropriate before proceeding with any transaction in  connection with such Third-Party Links & Ads.  

4.2 Release. You hereby release and forever discharge Hubs (and our officers,  employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and  every past, present and future dispute, claim, controversy, demand, right, obligation, liability,  action and cause of action of every kind and nature (including personal injuries, death, and  property damage), that has arisen or arises directly or indirectly out of, or that relates directly or  indirectly to, the Site (including any interactions with, or act or omission of, any Third-Party Links  & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL 

CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A  GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT  KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE  RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS  OR HER SETTLEMENT WITH THE DEBTOR.”  

5. Indemnification. You agree to indemnify and hold Hubs (and its officers, directors, employees,  representatives and agents), and for avoidance of doubt its affiliates (and their officers, directors,  employees, representatives and agents), and its and its affiliates’ (sub)contractors (including  manufacturing partners), harmless from and against any liabilities, losses, claims, demands,  damages, penalties, costs and other expenses (including attorneys’ fees and court costs and  litigation expenses) arising out of or from (a) Your use of the Site, (b) Your violation of these  Terms, (c) Your violation of applicable laws or regulations or (d) Your User Content. Hubs reserves  the right, at Your expense, to assume the exclusive defense and control of any matter for which  You are required to indemnify us, and You agree to cooperate with our defense of these claims.  You agree not to settle any matter without our prior written consent. We will use reasonable efforts  to notify You of any such claim, action or proceeding upon becoming aware of it.  

6. Disclaimers  

6.1 The Site and our services are for general information purposes only and do not  constitute advice.  

6.2 THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND, TO  THE EXTENT PERMITTED BY APPLICABLE LAW, HUBS (AND OUR SUPPLIERS)  EXPRESSLY DISCLAIM ANY AND 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. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY  THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN  UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,  RELIABLE, FREE OF MALWARE AND VIRUSES OR OTHER HARMFUL CODE, COMPLETE,  LEGAL, OR SAFE. IF MANDATORY LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS  

FROM THE DATE OF FIRST USE.  

6.3 In the event that mandatory law does not allow any of the exclusions or limitations of  liability or any of the disclaimers of warranties mentioned in these Terms, such exclusions,  limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.  

7. Limitation on Liability  

7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FINAL  PARAGRAPH OF THIS SECTION, IN NO EVENT SHALL HUBS (OR OUR SUPPLIERS) BE  LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR  DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR  DEATH, LOST PROFITS, LOST DATA, LOST INCOME, LOSS OR DAMAGE TO PROPERTY,  COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT OR INDIRECT,  COMPENSPATORY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE  DAMAGES ARISING FROM OR RELATING TO THESE (I) TERMS; (II) YOUR USE OF, OR 

INABILITY TO USE, THE SITE – INCLUDING BUT NOT LIMITED TO – DAMAGES CAUSED  BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE  INFORMATION OR THE SITE; (III) YOUR USE OF, OR INABILITY TO USE, ELECTORNIC  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 BY COMPUTER PROGRAMS USED FOR  ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES; (IV) OR CLAIMS OF  THIRD-PARTIES; IN EACH CASE WHETHER IN AN ACTION OF CONTRACT OR TORTIOUS  ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU  WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER  SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  

7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING  ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY  DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE  WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES  BE LIMITED TO A MAXIMUM OF THE AMOUNT PAID BY YOU TO US UNDER THE ORDER  

UNDER WHICH THE LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL  NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY  OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.  

7.3 THE EXCLUSIONS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT  PERMITTED BY LAW, BUT HUBS DOES NOT EXCLUDE ANY LIABILITY WHICH MAY NOT  BE EXCLUDED BY LAW. These limitations shall apply notwithstanding any failure of essential  purpose of any limited remedy provided herein. 

8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect  while You use the Site. We may suspend or terminate Your rights to use the Site (including Your  Account) at any time for any reason at our sole discretion, including for any use of the Site in  violation of these Terms. Upon termination of Your rights under these Terms, Your  

Account and right to access and use the Site will terminate immediately. You understand that any  termination of Your Account may involve deletion of Your User Content associated with Your  Account from our live databases. Hubs will not have any liability whatsoever to You for any  termination of Your rights under these Terms, including for termination of Your Account or deletion  of Your User Content. Even after Your rights under these Terms are terminated, the following  provisions of these Terms will remain in effect: Sections 2 through 9.  

9. General  

9.1 Changes. These Terms are subject to occasional revision. If we make any substantial  changes, we may notify You by sending You an e-mail to the last e-mail address You provided to  us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible  for providing us with Your most current e-mail address. In the event that the last e-mail address  that You have provided us is not valid, or for any reason is not capable of delivering to v the notice  described above, our dispatch of the e-mail containing such notice will nonetheless constitute  effective notice of the changes described in the notice. These changes will be effective  immediately for new users of our Site. Continued use of our Site following notice of such changes  shall indicate Your acknowledgement of such changes and agreement to be bound by the terms  and conditions of such changes. If You are not a new user and/or do not use our Site for thirty  (30) calendar days following our dispatch of an e-mail notice to You (if applicable) or thirty (30) 

calendar days following our posting of the changes on our Site (if applicable), then the expirations  of the thirty (30) days will indicate Your acknowledgement of such changes.  

9.2 Sanctions. You may not use this Site or any Hubs’ services if You are the subject of  U.S. or E.U. sanctions or of sanctions consistent with U.S. or E.U. law imposed by the  governments of the country where You are using the Site and/or Hubs’ services.  

9.3 Disclosures. We are located at the addresses listed in these Terms.  

9.4 Electronic Communications. The communications between You and us use  electronic means, whether You use the Site or send us emails, or whether Hubs posts notices on  the Site or communicates with You via email. For contractual purposes, You (a) consent to receive  communications from us in an electronic form; and (b) agree that all terms and conditions,  agreements, notices, disclosures, and other communications that we provide to You electronically  satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy  writing. The foregoing does not affect Your non-waivable rights.  

9.5 Entire Agreement. These Terms, together with the General Terms of Sale (if You  place an Order) and Privacy Policy, constitute the entire agreement between You and us  regarding the use of the Site and/or any Orders. 

9.6 Waiver. A waiver by us of any right or remedy under these Terms shall only be  effective if it is in writing, executed by a duly authorized representative of ours and shall apply only  to the circumstances for which it is given. Our failure to exercise or enforce any right or provision  of these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any  future exercise or enforcement of such right or remedy. No single or partial exercise of any right  or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights  or remedies. 

9.7 Headings and Interpretation. The Section titles in these Terms are for convenience  only and have no legal or contractual effect. The word “including” means “including without  limitation”.  

9.8 Consumer Prohibition. If, contrary to the General Section of these Terms, these  Terms are used in a situation in which You are a consumer and not a professional customer,  some terms and conditions will not apply to You. In this case these General Terms of Sale are  applicable to the extent permitted by applicable consumer law; Your rights under these laws are  not affected or limited by these General Terms of Sale. Because Your Orders are made to  order, no right (statutory or otherwise) of withdrawal or cancellation applies.  

9.9 Severability. If any provision of these Terms is, for any reason, held to be invalid or  unenforceable, the other provisions of these Terms will be unimpaired and the invalid or  unenforceable provision will be deemed modified so that it most closely matches the original  provision and is valid and enforceable to the maximum extent permitted by law. The remaining  provisions shall be enforced.  

9.10 Relationship between You and us. You confirm that You are acting on Your own  behalf and not for the benefit of any other person. Your relationship to Hubs is that of a User,  and neither party is an employee, agent, partner, franchisee, owner, joint venturer or  representative of the other party.  

9.11 Assignment. These Terms, and Your rights and obligations herein, may not be  assigned, subcontracted, delegated, or otherwise transferred by You without our prior written 

consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the  foregoing will be null and void. Hubs may freely assign these Terms. The terms and conditions  set forth in these Terms shall be binding upon assignees.  

9.12 Non-exclusivity. The contractual relationship is non-exclusive. Each party is free to  contract with other third parties subject to its obligations under these Terms. You agree that  nothing (including using our Site, or Hubs reviewing Your files and/or quote) will preclude us from  manufacturing other parts or working with other companies, whether or not those companies or  parts are substantially similar to, or competitive with, Your files, Parts or Order and/or the services  that we provide to You.  

9.13 Governing Law and Exclusive Forum. The laws of the State of Delaware will apply  if You access the Site in the US, and the laws of the Netherlands will apply if You access the Site  outside the US, to any disputes arising out of or relating to these Terms, without regard to conflict  of laws principles. The applicability of the UN Convention on Contracts for the International Sale  of Goods is excluded. Unless provided otherwise by operation of applicable mandatory law, any  dispute, claim, clause of action or proceeding arising out of, or in connection with, these Terms,  the relationship between Hubs and You, Your use of the Site or our services, on any basis  whatsoever, shall be brought in the state or federal courts located in New Castle County,  Delaware, if You access the Site in the US, or in Amsterdam, The Netherlands, if You access the  Site outside the US, and You and Hubs shall submit to the exclusive jurisdiction of such courts  and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.  

9.14 Copyright/Trademark Information. Copyright © 2020 Hubs. All rights reserved.  All trademarks, logos and service marks (“ Marks”) displayed on the Site are our  property or the property of other third parties. You are not permitted to use these Marks without  our prior written consent or the consent of such third party which may own the Marks.  

9.15 Contact Information. If You wish to contact us in writing, or if these Terms require  You to give notice to us in writing, please contact us at :   

3D Hubs B.V.  

Head of Legal  

Danzigerkade 23A  

1013AP Amsterdam, The Netherlands  

+31 85 888 7380  

legal@hubs.com  

or  

3D Hubs Manufacturing LLC  

Head of Legal  

228 East 45th Street, Suite 9E  

New York, NY 10017  

+1 845-402-8321  

legal@hubs.com  

Further contact information, including country specific contact information, may be found on  https://www.hubs.com.

Click here to print these Terms for Your files

TERMS OF USE

Last updated: 2020, April

General  

Welcome to the Hubs website (the “ Site”). These Terms of Use (the “ Terms”) create a legal  agreement between you (“You”) and Hubs.  

Hubs is comprised of different legal entities including 3D Hubs, Inc., 3D Hubs Manufacturing LLC  and 3D Hubs B.V. These Terms are issued on behalf of each of these companies and their  affiliates, so when we mention “ Hubs,” " we", " us" or " our" in these Terms, we are referring to the  relevant Hubs group entity.  

The Site is a copyrighted work belonging to Hubs. Certain features of the Site may be subject to  additional guidelines, terms, or rules, which will be posted on the Site in connection with such  features. Without limitation to the preceding sentence, Your submission of information, including  personal information, through or in connection with the Site is governed by the terms of our privacy  policy as updated from time to time (“ Privacy Policy”). All additional terms, guidelines, and rules,  including our Privacy Policy, and our General Terms of Sale, are incorporated by reference into  these Terms. Unless otherwise defined in these Terms, terms used here starting with a capital  letter shall have the same meaning as in our General Terms of Sale.  

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT  GOVERN YOUR USE OF THE SITE WHICH AND APPLY TO ALL INFORMATION,  RECOMMENDATIONS AND/OR SERVICES PROVIDED TO YOU ON OR THROUGH THE  SITE. BY ACCESSING OR USING THE SITE, YOU ARE ACCEPTING THESE TERMS (ON  BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT  AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER  INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU  REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THESE TERMS IF  YOU ARE NOT AT LEAST 18 YEARS OLD OR OVER THE LEGAL AGE REQUIRED TO ENTER  INTO A VALID CONTRACT UNDER LAW APPLICABLE TO YOU. IF YOU DO NOT AGREE  WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE THE  SITE.  

Our Site, apps, products, and services are designed for businesses and their representatives.  We do not target consumers – individuals who seek to use our products and services for their  personal or household purposes.  

1. Accounts  

1.1 Account Creation. In order to use certain features of the Site, You must register for an  account (“ Account”) and provide certain information about Yourself as prompted by the account  registration form. You represent and warrant that: (a) all required registration information You  submit is truthful and accurate and (b) You will maintain the accuracy of such information. You  may delete Your Account at any time, for any reason, by following the  

instructions on the Site. We may suspend or terminate Your Account in accordance with these  Terms. 

1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of  Your Account login information and are fully responsible for all activities that occur under Your  Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized  use of Your Account or any other breach of security. We cannot and will not be liable for any loss  or damage arising from Your failure to comply with the above requirements.  

2. Access to the Site  

2.1 Certain Restrictions. The rights granted to You in these Terms are subject to the  following restrictions: (a) You shall not license, sell, rent, lease, transfer, assign, distribute, host,  reformat or otherwise commercially exploit the Site, whether in whole or in part, or any content  displayed on the Site; (b) You shall not modify, make derivative works of, disassemble, reverse  compile or reverse engineer any part of the Site; (c) You shall not access the Site in order to build  a similar or competitive website, product, or service; and (d) except as expressly stated herein,  no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed,  posted or transmitted in any form or by any means. Unless otherwise indicated, any future release,  update, or other addition to functionality or content of the Site shall be subject to these Terms. All  copyright and other proprietary notices on the Site (or on any content displayed on the Site) must  be retained on all copies thereof.  

2.2 Modification. We reserve the right, at any time, to modify, suspend, or discontinue  the Site (in whole or in part) with or without notice to You. You agree that we will not be liable to  You or to any third party for any modification, suspension, or discontinuation of the Site or any  part thereof.  

2.3 No Support or Maintenance. You acknowledge and agree that We will have no  obligation to provide You with any support or maintenance in connection with the Site.  

2.4 Ownership. Excluding any User Content (defined below) that You may provide, You  acknowledge that all the intellectual property rights, including copyrights, patents, trademarks,  and trade secrets, in the Site and its content are owned by us or our suppliers. Neither these  Terms (nor Your access to the Site) transfers to You or any third party any rights, title or interest  in or to such intellectual property rights. We reserve all rights not granted in these Terms. There  are no licenses granted under these Terms, whether implied, express or by implication or  estoppel.  

3. User Content  

3.1 User Content. User Content” means any and all information and content that a user  submits to, or uses with, the Site (e.g., content in the user’s profile, content or data  communicated to Hubs in voice, email, text, or via other messaging and/or uploads including  data, 3D CAD data and 2D technical drawings). You are solely responsible for Your User  Content. You assume all risks associated with use of Your User Content, including any reliance  on its accuracy, completeness or fit for purpose, or any disclosure of Your User Content by You  that personally identifies You or any third party. You hereby represent and warrant that Your  User Content does not violate our Acceptable Use Policy (as described herein). Because You  alone are responsible for Your User Content, You may expose Yourself to liability if, for  example, Your User Content violates the Acceptable Use Policy. We are not obligated to backup  any User Content, and Your User Content may be deleted at any time without prior notice. You  are solely responsible for creating and maintaining Your own backup copies of Your User Content  if You desire.   

3.2 License. By providing User Content to Hubs, You grant Hubs an irrevocable, non-

exclusive, perpetual, royalty-free, fully paid up, worldwide, transferable and sub-licensable right  and license to use, copy, modify, reproduce, distribute and display the data (including 3D CAD  Data and 2D technical drawings), documentation, drawings and specifications in Your User  Content, and to grant sublicenses of the foregoing rights, solely for the purposes of (1) providing  the Site and all information, recommendations and/or services provided to You on or through our  Site and (2) to improve our products and services, improving our machine learning and pricing  algorithms. You hereby irrevocably waive (and agree to cause to be waived) any claims and  assertions of moral rights or attribution with respect to Your User Content.  

3.3 Publicity. By creating an account on the Site, You authorize Hubs to use Your  trademarks, logos, names or signs for marketing purposes. This means that Hubs may mention  You as a customer of Hubs on our Site and in other promotional material such as advertising,  press releases, interviews, promotional materials or presentations. We will not use Your name if  You are a natural person, and the substantive content provided by You continues to be governed  by the confidentiality clauses in these Terms.  

3.4 Your representations  

(a) You represent and warrant that You are authorized to use the Site and that  You have the authority to conclude legally binding agreements. The Information offered by Hubs  on the Site is only available to individuals who are 18 years or older and who can form legally  binding contracts under applicable law.  

(b) You represent and warrant that all information You submit to the Site is  accurate and truthful and that You have the full right and authority to provide us with all User  Content, documentation, drawings and specifications, and You are authorized to grant the  license referred to in Section 3.  

(c) You also represent and warrant that You will use any User Content and  resulting Parts in strict accordance with all applicable laws and requirements.  

(d) You agree warrant that You will not use the Site or our services to: (i) upload,  transmit, or distribute to or through the Site any computer viruses, worms, 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 messages, whether commercial or otherwise; (iii)  use the Site to harvest, collect, gather or assemble information or data regarding other users,  including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue  burden 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 to other  computer systems, servers, hardware or networks connected to or used together with the Site, or  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 mine data  from) the Site, including launching or using any automated means or process, such as “spiders”,  “robots”, “load testers” etc., for retrieving or sending more communication than a natural person  could reasonably produce or to create users accounts; or (vii) threaten or harass any person or  entity.  

(e) You also represent and warrant that You will use our Site, any User Content  and resulting Parts in strict accordance with our Acceptable Use Policy. 

3.5 Acceptable Use Policy. The following terms constitute our “ Acceptable Use  Policy”:  

(a) will only use the Site in compliance with, and understand and agree with,  including making the relevant certifications under, our Hubs export control policy (the “ Export  Control Policy”), as follows:  

(i) You understand that Hubs does not accept Export Controlled Data. “Export Controlled  Data” is defined as data which is controlled for export under E.U. or US law, as applicable based  on Your place of order, residency and/or status under E.U. and U.S. law. Under E.U. law, this  includes (technical) data and/or end Parts that are: (1) controlled under the Common Military List  of the European Union or any EU Member State equivalent, or (2) subject to the EU Dual Use  Regulation 428/2009 (as amendedby Regulation 2019/2199). Under U.S. law, this includes  technical data and/or end Parts that are: (1) controlled under the International Traffic in Arms  Regulations, or (2) subject tothe Export Administration Regulations, and controlled at any level  beyond EAR99.  

(ii) You certify that Your data (including 3D CAD data and drawings)  

and/or Your Order DOES NOT include Export Controlled Data. 

(iii) You understand that by uploading Your data to the Site, You are exporting data to  another country. Hubs maintains operations abroad, employspersons abroad, and has  printing and manufacturing partners abroad. 

(iv) You certify that You understand that it is Your responsibility to 

determine and provide the appropriate export classification for the products and related  technology and software to be provided to Hubs and to comply with prohibition on Export  Controlled Data provided herein. Hubs relies entirely on You to provide accurate informationfor  purposes of compliance with applicable export control laws. The export classificationindicates  whether the product and related technologies are controlled, the relevant jurisdiction or  jurisdictions, when an export license is required, and whether the product and technology qualify  for a license exception. An incorrect classification could result in export control violations, which  could in turn lead to significant fines and other sanctions.  

(v) You represent and warrant that the production, shipping, sale and use  of the Parts or tooling by us in response to Your Order, does not violate any export control laws  or regulations. 

(vi) You represent and warrant that You will not, directly or indirectly, (1) sell, export, reexport,  transfer, divert, or otherwise dispose of any products, software, or technology (including products  derived from or based on such technology) received from Hubs to any destination, entity, or  person prohibited by law or regulation or (2) use Parts for any 

use prohibited by law or regulation, without obtaining prior authorization from the competent  government authorities as required by those laws and regulations. 

(b) You further represent and warrant that You will only use the Site in compliance  with, and understand and agree with our Hubs content policy (the “ Content Policy”), as follows.  You represent and warrant that Your User Consent (including 3D CAD data and drawings),Your  Order and/or the production, shipping, sale and use of the Parts or tooling by us:  

(i) Does not contain any weapons. “ Weapons” is broadly defined as:

• Firearms, firearm component parts, or ammunition. This includes  

(1) any device which will or is designed to or may readily be  

converted to expel a projectile by the action of an explosive; (2)  

any device capable of being concealed on the person from which  

a shot can be discharged through the energy of an explosive; (3)  

any component part integral to the safe firing of a projectile by  

means of an explosive from a device described in (1) or (2); and  

(4) ammunition including cartridge cases, primers, bullets, or  

propellent powder designed for use in any firearm; 

• Bladed weapons. This includes knives designed to cause bodily  

harm and any part or component thereof. A bladed weapon  

includes automatic knives, knives that are undetectable by a metal  

detector, stilettos, switchblades, butterfly knives, throwing knives,  

folding knives, gravity knives, and disguised knives (for example,  

a sword cane).  

• Explosive devices. This includes grenades, rockets, explosives,  

incendiary devices, missiles, land mines, and related parts or  

components thereof; 

• Toy guns or other items with arms-like appearance. This includes  

paintball guns, airsoft guns, training weapons, mock guns, mock  

weapons, weapon replicas and items that look like a gun or other  

weapon; and 

• Arms-related items and/or weapon accessories. Accessories,  

parts or components to any weapon if that  

accessory/part/component contributes to the functioning of the  

weapon and/or attaches to the item. For example, this includes  

scopes, mounts and knife handles because they are attached to a  

weapon, but would not include a knife case or holster because  

they are neither attached to nor contribute to the functioning of the  

weapon.

(ii) Does not contain any critical (functional) parts for aerospace,  

watercraft, offshore, automotive and or medical applications; 

(iii) Does not violate, misappropriate or infringe any intellectual party rights  (including but not limited to any copyright, patent, design right, trademark, trade secret or any  other proprietary rights) or any third party rights; 

(iv) Does not contain information, which is false, inaccurate,misleading,  harassing, racially or ethnically offensive, discriminatory, harmful to minors, libelous or  defamatory, including information used to produce counterfeit goods; 

(v) Is not contrary to or in violation of any applicable law or regulations or  public policy; and 

(vi) Does not violate our Export Control Policy

(c) Please be informed that the use of our Site and/or uploading of User Content 

to print a firearm may be punishable by law. Hubs has a (statutory) obligation to report User  Content and/or Orders for firearms that it considers reasonably suspicious.  

(d) Hubs reserves the right to reject any use of our Site and/or Order that is based  on User Content that it feels—in its discretion—violates this Acceptable Use Policy. It is and  remains Your sole responsibility to comply with this Acceptable Use Policy when using the Site  and/or uploading designs to the Site and placing Orders. Hubs is not obliged to check the User  Content before accepting or executing any Order or having the Parts manufactured by its  manufacturing partners.  

IF YOU HAVE ANY DOUBT WHETHER YOUR USE OF THE SITE AND/OR USER CONTENT  AND/OR THE PRODUCTION, SHIPPING, SALE AND USE OF THE PARTS OR TOOLING BY  US IS PERMITTED UNDER OUR ACCEPTABLE USE POLICY, DO NOT USE THE SITE OR  UPLOAD YOUR DATA.  

3.6 Enforcement. We reserve the right (but have no obligation) to review any User  Content, and to investigate and/or take appropriate action against You in our sole discretion if You  violate the Acceptable Use Policy or any other provision of these Terms or otherwise create  liability for us or any other person. Such action may include removing or modifying Your User  Content, terminating Your Account, and/or reporting You to law enforcement authorities. Any  attempt by You to damage the Site or to undermine the legitimate operations of Hubs’ business  or services may be a violation of criminal and civil laws and should any such attempt be made;  we reserve the right to seek damages from You to the fullest extent permitted by law.  

3.7 Feedback. If You provide us with any feedback or suggestions regarding the Site  (“ Feedback”), You hereby assign to us all rights in such Feedback and agree that we shall have  the right to use and fully exploit such Feedback and related information in any manner we deem  appropriate. We will treat any Feedback You provide to us as non-confidential and non  

proprietary. You agree that You will not submit to us any Feedback that You consider to be  confidential or proprietary.  4. Third-Party Links & Ads  

4.1 Third-Party Links & Ads. The Site may contain links to third-party websites and  services, and/or display advertisements for third parties (collectively, “ Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under our control, and we are not responsible for any Third Party Links & Ads. We provide access to these Third-Party Links & Ads only as a  convenience to You, and does not review, approve, monitor, endorse, warrant, or make any  representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at  Your own risk, and should apply a suitable level of caution and discretion in doing so. When You  click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply,  including the third party’s privacy and data gathering practices. You should make whatever  investigation You feel necessary or appropriate before proceeding with any transaction in  connection with such Third-Party Links & Ads.  

4.2 Release. You hereby release and forever discharge Hubs (and our officers,  employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and  every past, present and future dispute, claim, controversy, demand, right, obligation, liability,  action and cause of action of every kind and nature (including personal injuries, death, and  property damage), that has arisen or arises directly or indirectly out of, or that relates directly or  indirectly to, the Site (including any interactions with, or act or omission of, any Third-Party Links  & Ads). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL 

CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A  GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT  KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE  RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS  OR HER SETTLEMENT WITH THE DEBTOR.”  

5. Indemnification. You agree to indemnify and hold Hubs (and its officers, directors, employees,  representatives and agents), and for avoidance of doubt its affiliates (and their officers, directors,  employees, representatives and agents), and its and its affiliates’ (sub)contractors (including  manufacturing partners), harmless from and against any liabilities, losses, claims, demands,  damages, penalties, costs and other expenses (including attorneys’ fees and court costs and  litigation expenses) arising out of or from (a) Your use of the Site, (b) Your violation of these  Terms, (c) Your violation of applicable laws or regulations or (d) Your User Content. Hubs reserves  the right, at Your expense, to assume the exclusive defense and control of any matter for which  You are required to indemnify us, and You agree to cooperate with our defense of these claims.  You agree not to settle any matter without our prior written consent. We will use reasonable efforts  to notify You of any such claim, action or proceeding upon becoming aware of it.  

6. Disclaimers  

6.1 The Site and our services are for general information purposes only and do not  constitute advice.  

6.2 THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND, TO  THE EXTENT PERMITTED BY APPLICABLE LAW, HUBS (AND OUR SUPPLIERS)  EXPRESSLY DISCLAIM ANY AND 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. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY  THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN  UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE,  RELIABLE, FREE OF MALWARE AND VIRUSES OR OTHER HARMFUL CODE, COMPLETE,  LEGAL, OR SAFE. IF MANDATORY LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS  

FROM THE DATE OF FIRST USE.  

6.3 In the event that mandatory law does not allow any of the exclusions or limitations of  liability or any of the disclaimers of warranties mentioned in these Terms, such exclusions,  limitations or disclaimers shall be limited to the maximum extent permitted by applicable law.  

7. Limitation on Liability  

7.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE FINAL  PARAGRAPH OF THIS SECTION, IN NO EVENT SHALL HUBS (OR OUR SUPPLIERS) BE  LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS, ACTIONS, INJURY, LOSS OR  DAMAGE OF ANY KIND, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY OR  DEATH, LOST PROFITS, LOST DATA, LOST INCOME, LOSS OR DAMAGE TO PROPERTY,  COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY DIRECT OR INDIRECT,  COMPENSPATORY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE  DAMAGES ARISING FROM OR RELATING TO THESE (I) TERMS; (II) YOUR USE OF, OR 

INABILITY TO USE, THE SITE – INCLUDING BUT NOT LIMITED TO – DAMAGES CAUSED  BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF THE  INFORMATION OR THE SITE; (III) YOUR USE OF, OR INABILITY TO USE, ELECTORNIC  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 BY COMPUTER PROGRAMS USED FOR  ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES; (IV) OR CLAIMS OF  THIRD-PARTIES; IN EACH CASE WHETHER IN AN ACTION OF CONTRACT OR TORTIOUS  ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU  WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER  SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.  

7.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING  ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY  DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE  WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES  BE LIMITED TO A MAXIMUM OF THE AMOUNT PAID BY YOU TO US UNDER THE ORDER  

UNDER WHICH THE LIABILITY AROSE. THE EXISTENCE OF MORE THAN ONE CLAIM WILL  NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY  OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.  

7.3 THE EXCLUSIONS IN THIS SECTION SHALL APPLY TO THE MAXIMUM EXTENT  PERMITTED BY LAW, BUT HUBS DOES NOT EXCLUDE ANY LIABILITY WHICH MAY NOT  BE EXCLUDED BY LAW. These limitations shall apply notwithstanding any failure of essential  purpose of any limited remedy provided herein. 

8. Term and Termination. Subject to this Section, these Terms will remain in full force and effect  while You use the Site. We may suspend or terminate Your rights to use the Site (including Your  Account) at any time for any reason at our sole discretion, including for any use of the Site in  violation of these Terms. Upon termination of Your rights under these Terms, Your  

Account and right to access and use the Site will terminate immediately. You understand that any  termination of Your Account may involve deletion of Your User Content associated with Your  Account from our live databases. Hubs will not have any liability whatsoever to You for any  termination of Your rights under these Terms, including for termination of Your Account or deletion  of Your User Content. Even after Your rights under these Terms are terminated, the following  provisions of these Terms will remain in effect: Sections 2 through 9.  

9. General  

9.1 Changes. These Terms are subject to occasional revision. If we make any substantial  changes, we may notify You by sending You an e-mail to the last e-mail address You provided to  us (if any), and/or by prominently posting notice of the changes on our Site. You are responsible  for providing us with Your most current e-mail address. In the event that the last e-mail address  that You have provided us is not valid, or for any reason is not capable of delivering to v the notice  described above, our dispatch of the e-mail containing such notice will nonetheless constitute  effective notice of the changes described in the notice. These changes will be effective  immediately for new users of our Site. Continued use of our Site following notice of such changes  shall indicate Your acknowledgement of such changes and agreement to be bound by the terms  and conditions of such changes. If You are not a new user and/or do not use our Site for thirty  (30) calendar days following our dispatch of an e-mail notice to You (if applicable) or thirty (30) 

calendar days following our posting of the changes on our Site (if applicable), then the expirations  of the thirty (30) days will indicate Your acknowledgement of such changes.  

9.2 Sanctions. You may not use this Site or any Hubs’ services if You are the subject of  U.S. or E.U. sanctions or of sanctions consistent with U.S. or E.U. law imposed by the  governments of the country where You are using the Site and/or Hubs’ services.  

9.3 Disclosures. We are located at the addresses listed in these Terms.  

9.4 Electronic Communications. The communications between You and us use  electronic means, whether You use the Site or send us emails, or whether Hubs posts notices on  the Site or communicates with You via email. For contractual purposes, You (a) consent to receive  communications from us in an electronic form; and (b) agree that all terms and conditions,  agreements, notices, disclosures, and other communications that we provide to You electronically  satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy  writing. The foregoing does not affect Your non-waivable rights.  

9.5 Entire Agreement. These Terms, together with the General Terms of Sale (if You  place an Order) and Privacy Policy, constitute the entire agreement between You and us  regarding the use of the Site and/or any Orders. 

9.6 Waiver. A waiver by us of any right or remedy under these Terms shall only be  effective if it is in writing, executed by a duly authorized representative of ours and shall apply only  to the circumstances for which it is given. Our failure to exercise or enforce any right or provision  of these Terms shall not operate as a waiver of such right or remedy, nor shall it prevent any  future exercise or enforcement of such right or remedy. No single or partial exercise of any right  or remedy shall preclude or restrict the further exercise of any such right or remedy or other rights  or remedies. 

9.7 Headings and Interpretation. The Section titles in these Terms are for convenience  only and have no legal or contractual effect. The word “including” means “including without  limitation”.  

9.8 Consumer Prohibition. If, contrary to the General Section of these Terms, these  Terms are used in a situation in which You are a consumer and not a professional customer,  some terms and conditions will not apply to You. In this case these General Terms of Sale are  applicable to the extent permitted by applicable consumer law; Your rights under these laws are  not affected or limited by these General Terms of Sale. Because Your Orders are made to  order, no right (statutory or otherwise) of withdrawal or cancellation applies.  

9.9 Severability. If any provision of these Terms is, for any reason, held to be invalid or  unenforceable, the other provisions of these Terms will be unimpaired and the invalid or  unenforceable provision will be deemed modified so that it most closely matches the original  provision and is valid and enforceable to the maximum extent permitted by law. The remaining  provisions shall be enforced.  

9.10 Relationship between You and us. You confirm that You are acting on Your own  behalf and not for the benefit of any other person. Your relationship to Hubs is that of a User,  and neither party is an employee, agent, partner, franchisee, owner, joint venturer or  representative of the other party.  

9.11 Assignment. These Terms, and Your rights and obligations herein, may not be  assigned, subcontracted, delegated, or otherwise transferred by You without our prior written 

consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the  foregoing will be null and void. Hubs may freely assign these Terms. The terms and conditions  set forth in these Terms shall be binding upon assignees.  

9.12 Non-exclusivity. The contractual relationship is non-exclusive. Each party is free to  contract with other third parties subject to its obligations under these Terms. You agree that  nothing (including using our Site, or Hubs reviewing Your files and/or quote) will preclude us from  manufacturing other parts or working with other companies, whether or not those companies or  parts are substantially similar to, or competitive with, Your files, Parts or Order and/or the services  that we provide to You.  

9.13 Governing Law and Exclusive Forum. The laws of the State of Delaware will apply  if You access the Site in the US, and the laws of the Netherlands will apply if You access the Site  outside the US, to any disputes arising out of or relating to these Terms, without regard to conflict  of laws principles. The applicability of the UN Convention on Contracts for the International Sale  of Goods is excluded. Unless provided otherwise by operation of applicable mandatory law, any  dispute, claim, clause of action or proceeding arising out of, or in connection with, these Terms,  the relationship between Hubs and You, Your use of the Site or our services, on any basis  whatsoever, shall be brought in the state or federal courts located in New Castle County,  Delaware, if You access the Site in the US, or in Amsterdam, The Netherlands, if You access the  Site outside the US, and You and Hubs shall submit to the exclusive jurisdiction of such courts  and waive any and all jurisdictional, venue and inconvenient forum objections to such courts.  

9.14 Copyright/Trademark Information. Copyright © 2020 Hubs. All rights reserved.  All trademarks, logos and service marks (“ Marks”) displayed on the Site are our  property or the property of other third parties. You are not permitted to use these Marks without  our prior written consent or the consent of such third party which may own the Marks.  

9.15 Contact Information. If You wish to contact us in writing, or if these Terms require  You to give notice to us in writing, please contact us at :   

3D Hubs B.V.  

Head of Legal  

Danzigerkade 23A  

1013AP Amsterdam, The Netherlands  

+31 85 888 7380  

legal@hubs.com  

or  

3D Hubs Manufacturing LLC  

Head of Legal  

228 East 45th Street, Suite 9E  

New York, NY 10017  

+1 845-402-8321  

legal@hubs.com  

Further contact information, including country specific contact information, may be found on  https://www.hubs.com.

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