Terms of Service

Last Updated – October 15, 2024

For EU and UK Terms of Service click here

Overview

This ecommerce website is operated by Formlabs®. Throughout the website, the terms “we”, “us”, and “our” refer to Formlabs. The terms “you” and “your” refer to you, the person or entity using the website and/or purchasing any service or product. Formlabs offers this website, including all information, products, tools, and services available from this website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

These Terms of Service (the “Terms”) apply to all Formlabs customers, users of the Formlabs website, or users downloading our software products, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. By participating in any of the above activities, you are taking part in our “Services”. Please read these Terms carefully before participating in any of our Services. By continuing your use, download, or purchase of any of the above, you agree to be bound by these Terms. If you do not agree to all the Terms, then you may not access the website or use/purchase any products or services. 

If these Terms are considered an offer, acceptance is expressly limited to these Terms. Any new products, features, or tools which are added to the current store shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your account and/or access to the website.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve a) transmissions over various networks; and b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services or products, use of the Services, access to the Services or any contact on the website through which the Services are provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this website is not accurate, complete, or current. The material on this website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this website is at your own risk.

This website may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

Errors, Inaccuracies, and Omissions

Occasionally, there may be information on our website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including but not limited to, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

Optional Tools

We may provide you with access to third-party tools which we neither monitor nor have any control over. 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 website 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).

Third-Party Links

Certain content, products, and services available via our Services may include materials from third-parties.

Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

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 a) to maintain any comments in confidence; b) to pay compensation for any comments; or c) to respond to any comments.

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

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.

Accuracy of Billing and Account Information

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Prohibited Uses

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Servises, any of their content, or any product you purchase from Formlabs: 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, including but not limited to copyright and similar intellectual property rights; 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; or k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

Hardware and Software

Formlabs User Agreement

This is a legally binding agreement between you and Formlabs. If you want to use Formlabs hardware or software, you must agree to these Terms. Please read this summary, and the full terms below, carefully. 

From time to time, Formlabs may change or amend these terms. If you keep using the software or hardware after the change becomes effective, you are agreeing to the changed terms.

Software Terms of Use

The agreement between you and Formlabs described in this document starts when you purchase, download, or install any Formlabs software. By clicking on the “I Agree” button after downloading the software, you acknowledge that you have read, understood, and agree to these terms. Don’t click on this button unless you are using Formlabs’ software personally or have the authority to enter into an agreement for your company. If Formlabs terminates the agreement, you must delete any Formlabs software–but some of the terms of the agreement, such as the limitation on warranties, will remain in effect.

Diagnostic Information

During installation, Formlabs software may ask you to opt in to the collection of diagnostic information regarding your use of Formlabs’ software or hardware in order to help our engineers improve Formlabs’ products. If you opt in, you agree that Formlabs may collect, maintain, and use information about the operation of Formlabs’ hardware and software, such as hardware serial numbers, print times, laser power levels, and 3D model sizes. No full models, 3D geometry, or personal information will be collected without your additional and explicit consent. Please see our Privacy Policy for more information.

Formlabs Software Licensing

Formlabs software is licensed, not sold. That means that Formlabs owns all of the rights in the software it is allowing you to use, except for components such as open source libraries that have their own licenses and rules. Allowing you to use Formlabs software does not mean we are transferring ownership to you. You may not break our software down to analyze it, modify it, use it with non-Formlabs products, or redistribute it without our consent. You may not rent, lease, or copy the software to others. You may not use our software with non-Formlabs hardware. You agree to respect any and all copyrights and patents that apply to the software. You will be responsible for the actions and omissions of any of your employees or agents who use Formlabs software in accordance with these Terms.

You will continue to own all of the rights in the data, information, 3D geometries, part files, and other materials provided to Formlabs by you or on your behalf in the course of using Formlabs software (“Customer Data”). You are responsible for ensuring the accuracy and legality of your Customer Data, and warrant that you have all the rights and consents necessary to allow Formlabs to use such Customer Data for the purposes of providing the Formlabs software. You grant Formlabs a royalty-free, non-exclusive, sub-licensable, worldwide right to use and process your Customer Data solely for the purpose of providing the Formlabs software and for any other activities you expressly consent to. You agree that Formlabs may collect, use, and disclose quantitative data derived from your use of Formlabs software for industry analysis, benchmarking, analytics, marketing, and other business purposes, provided that such data is in aggregate form and does not identify you or your employees or agents. 

Software distributed by Formlabs is not covered under the limited hardware warranty. Except as set forth below under “Fleet Control” below, Formlabs software is provided to you on an “as-is” basis. That means that Formlabs and its suppliers disclaim all express, implied, or statutory warranties for any licensed software, including merchantability, fitness for a particular purpose, title, and non-infringement. If applicable law requires any warranties for the licensed software, any such warranty is limited to ninety (90) days from the date of purchase, download, or installation–whichever is earliest.

Formlabs reserves the right to suspend or terminate your access to any Formlabs software if any applicable payment for the software is overdue or if your use of the software violates these Terms or applicable law. Any suspension or termination shall not excuse your obligation to make payment for the software, if applicable.

Fleet Control

Notwithstanding the foregoing, the purchase and use of our Fleet Control software is subject to additional terms and conditions. By purchasing a Fleet Control license, Formlabs grants you the non-exclusive, non-transferable, and non-sublicensable right to access and use Fleet Control during the term set forth in your order (“Fleet Control Term”) solely for your internal business purposes and pursuant to these Terms. Unless otherwise stated in your order, Fleet Control licenses are printer-specific and you must purchase one Fleet Control license for each printer that you wish to connect to your fleet. 

The Fleet Control Term will begin on the day that the Fleet Control license is delivered to you. Once the Fleet Control Term has expired, your access to Fleet Control will terminate. Fleet Control licenses do not auto-renew; you must order a new Fleet Control license prior to the expiration of the Fleet Control Term in order to continue using Fleet Control.

Formlabs offers the following limited warranty on Fleet Control (“Fleet Control Warranty”). Formlabs warrants that during the Fleet Control Term, Fleet Control will conform in all material respects to its specifications. Formlabs does not warrant that the operation of Fleet Control will be uninterrupted or error-free. Formlabs is not responsible for issues arising from failure to follow instructions relating to Fleet Control’s use.

The Fleet Control Warranty does not apply to issues caused by: a) use with non-Formlabs products; b) accident, abuse, misuse, flood, fire, earthquake, or other external causes; c) operating Fleet Control outside the permitted or intended uses described by Formlabs; d) service (including upgrades and expansions) performed by anyone who is not a representative or agent of Formlabs; e) modifications to alter functionality or capability without the written permission of Formlabs. 

Your exclusive remedy and Formlabs’ entire liability for any breach of the Fleet Control Warranty shall be the correction of the non-conformity or, if Formlabs cannot materially correct the non-conformity in a commercially reasonable manner, you may terminate your Fleet Control license and Formlabs will refund you a pro rata portion of any prepaid license fees covering the remainder of the Fleet Control Term. 

EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE FLEET CONTROL WARRANTY. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU. 

No Formlabs reseller, agent, or employee is authorized to make any modification, extension, or addition to the Fleet Control Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

PreForm® Print Settings Editor

PreForm Print Settings Editor is a free settings editor panel available to all users of PreForm that allows users to control certain print settings to tailor print performance. Your use of PreForm Print Settings Editor is subject to these additional terms. 

Your use of PreForm Print Settings Editor is at your own risk. Formlabs does not assume any liability and provides no representations or warranties with respect to your custom print settings. You acknowledge and agree that creating custom print settings through PreForm Settings Editor may affect part accuracy, part quality, printer reliability, printer speed, printer smell and odor, and printer and related hardware lifetime. The use of such custom print settings may cause your part to not print in accordance with your specifications and may also cause your hardware – including printers, build chambers, tanks, and build platforms – to fail unexpectedly. Use of PreForm Print Settings Editor may also increase the risk of property damage, including to your printer and workspace. PreForm Print Settings Editor should only be used by advanced users who understand how to modify print parameters and debug any resulting issues. You are solely responsible for testing and validating your custom print settings and parts printed with custom print settings to ensure that they meet your specifications. Formlabs’ service team will not provide assistance with custom print settings developed through PreForm Print Settings Editor.

You may also be restricted in editing certain settings depending on the material being printed, including materials that are FDA-registered medical devices. If you use PreForm Print Settings Editor to edit the print settings for biocompatible materials, you acknowledge and agree that editing the print settings may impact the biocompatibility of your printed parts. Formlabs makes no representations or warranties that any part printed with custom print settings will be biocompatible. You are solely responsible for testing and validating your custom print settings and parts printed with custom print settings to ensure that they meet your biocompatibility requirements.

Formlabs retains all rights, title, and interest in any custom print settings developed with PreForm Print Settings Editor and grants you the right to use such print settings solely for your internal business purposes and pursuant to these Terms.

Open Material Mode

Open Material Mode (f/k/a Open Material License) is a paid software license that allows users to print with materials not produced or sold by Formlabs (“Non Formlabs Materials”). Your use of Open Material Mode is subject to these additional terms.

Your use of Open Material Mode or Non Formlabs Materials is at your own risk. Formlabs does not assume any liability and provides no representations or warranties with respect to Non Formlabs Materials or the accuracy or reliability of product descriptions or safety information thereof. You acknowledge and agree that using Non Formlabs Materials may affect part accuracy, part quality, printer reliability, printer speed, printer smell and odor, and printer and related hardware lifetime. The use of Non Formlabs Materials may cause your part to not print in accordance with your specifications and may also cause your hardware – including printers, build chambers, tanks, and build platforms – to fail unexpectedly. Use of Non Formlabs Materials may also increase the risk of property damage, including to your printer and workspace. You acknowledge and agree that you are solely responsible for creating print settings for Non Formlabs Materials, using the free Print Settings Editor feature in PreForm. 

Open Material Mode should only be used by advanced users who understand how to print with Non Formlabs Materials, modify print settings, and debug any resulting issues. You are solely responsible for testing and validating your custom print settings and parts printed with Non Formlabs Materials to ensure that they meet your specifications. Formlabs’ service team will not provide assistance with printing Non Formlabs Materials.

Formlabs makes no representations or warranties that any part printed with Non Formlabs Materials will be biocompatible. You are solely responsible for testing and validating your custom print settings and parts printed with Non Formlabs Materials to ensure that they meet your requirements, including any biocompatibility, compliance, regulatory, and safety requirements.

Your purchase of any Non Formlabs Materials may be subject to a separate agreement with the supplier of such Non Formlabs Materials. Any such agreement is solely between you and the supplier of the applicable Non Formlabs Material. Formlabs is not responsible, and disclaims all liability for, any representations, warranties, guarantees, or obligations contained in any such agreements.

Supplier Certified Materials

Supplier Certified Materials are third-party materials not produced or sold by Formlabs that are supplier-certified to be compatible with the Fuse Ecosystem (“Supplier Certified Materials”). Your use of Supplier Certified Materials is subject to these additional terms.

Your use of Supplier Certified Materials is at your own risk. Formlabs does not assume any liability and provides no representations or warranties with respect to Supplier Certified Materials or the accuracy or reliability of product descriptions or safety information thereof. You acknowledge and agree that using Supplier Certified Materials may affect part accuracy, part quality, printer reliability, printer speed, printer smell and odor, and printer and related hardware lifetime. The use of Supplier Certified Materials may cause your part to not print in accordance with your specifications and may also cause your hardware – including printers, build chambers, tanks, and build platforms – to fail unexpectedly. Use of Supplier Certified Materials may also increase the risk of property damage, including to your printer and workspace. You acknowledge and agree that Formlabs is not liable or responsible for any print settings associated with Supplier Certified Materials, including the suitability, accuracy, and reliability thereof. 

You are solely responsible for testing and validating your parts printed with Supplier Certified Materials to ensure that they meet your specifications. Formlabs’ service team will not provide assistance with printing Supplier Certified Materials.

Formlabs makes no representations or warranties that any part printed with Supplier Certified Materials will be biocompatible. You are solely responsible for testing and validating your parts printed with Supplier Certified Materials to ensure that they meet your requirements, including any biocompatibility, compliance, regulatory, and safety requirements.

Your purchase of any Supplier Certified Materials may be subject to a separate agreement with the supplier of such Supplier Certified Materials. Any such agreement is solely between you and the supplier of the applicable Supplier Certified Material. Formlabs is not responsible, and disclaims all liability for, any representations, warranties, guarantees, or obligations contained in any such agreements.

Medical Device Disclaimer

Unless a product description or associated materials contain a specific indication, Formlabs is providing a tool or material that may be used in a range of applications, but is making no statement or claim as to its safety, efficacy, or suitability for a particular application including use in medical products or devices. Certain Formlabs products, such as some of its Dental Resins, are clearly indicated as medical devices as defined by regulatory health agencies. These products have specific scopes and indications and should be used in accordance with their instructions for use. Some materials, including Formlabs’ “BioMed" resins, have been engineered to comply with the industry standards specifically identified within the technical data sheets associated with these products and have been tested according to relevant testing protocols for those standards. These materials, including BioMed resins, are specialty products developed for use by medical professionals, and should be used in accordance with the instructions for use. 

In all cases, the final performance characteristics of cured photopolymer resin may vary according to your compliance with the instructions for printing, post-processing, application, operating conditions, material combined with, end use, or other factors. You must independently verify the suitability of the material for the application and intended purpose before using it.

You agree not to use the Services to transmit protected health information, as defined in the Health Insurance Portability and Accountability Act (HIPAA) or other similar laws. Formlabs shall not be liable for any transmission of protected health information in violation of the preceding sentence.

U.S. Government Customers

All Formlabs software is considered a “commercial item” under 48. C.F.R. 2.101, and more specifically is “commercial computer software” and “commercial computer software documentation”, as defined under 48 C.F.R. 12.212. Consistent with DFARS 227.7202-1(a) and 227.7202-3(a), DFARS 252-227-7013(c)(1)(ii), FAR 12.212(a), FAR 52.227-19, and FAR 52.227-14 (ALT III) as applicable, all Formlabs Software is provided to you (a) only as a commercial item and (b) any use, duplication, or disclosure thereof is subject to restrictions as set forth in these Terms.

Exclusive Limited Warranty for Hardware Products

Formlabs' warranty obligations for all Hardware Products sold by Formlabs are limited to the terms set forth below. To be eligible for this Exclusive Limited Warranty, the Hardware Products must be purchased through Formlabs or through a Formlabs Authorized Reseller with a valid proof of purchase.

Formlabs warrants Formlabs-branded Hardware Products against defects in materials and workmanship under normal use for a period of one year from the date of retail purchase by the original end-user purchaser (the “Warranty Period”). For the purpose of these Terms, "Hardware Products" means Form 3®, Form 3L®, Form 3B®, Form 3BL, Form 4™, Form 4B™, Form 4L™, Form 4BL™, Fuse 1®, Form Wash®, Form Cure®, Form Wash L™, Form Cure L™, Fuse Sift®, Fuse Blast™, Form Auto™, and/or any certified refurbished or reconditioned version of the aforementioned Products. 

Formlabs may offer an Extended Warranty or service plan available for purchase for some Hardware Products. If an Extended Warranty is offered, the coverage below will extend for an additional period denoted by the product purchased ("Extended Warranty Period") to run consecutively with the initial Warranty Period and may be subject to additional terms and conditions. Any service plan is offered independently from this Warranty and does not modify these terms. Each Extended Warranty or service plan may only be purchased and applied to a specific covered Hardware Product(s) and are not applicable to any other Hardware Products you may own.

If a hardware defect arises and a valid claim is received within the Warranty Period or the service plan period, if applicable, at our sole option and to the extent permitted by law, Formlabs will either in its sole discretion a) repair the hardware defect at no charge, using new or refurbished replacement parts, b) replace the Hardware Product with a Hardware Product that is new or reconditioned by Formlabs or that has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Hardware Product, or c) refund the purchase price of the Hardware Product. Formlabs may request that you replace defective parts with new or refurbished user-installable parts that Formlabs provides in fulfillment of its warranty obligation. A replacement Hardware Product assumes any remaining warranty or service plan for the original Hardware Product or ninety (90) days from the date of replacement or repair, whichever is longer.

Return to Manufacturer Authorization (RMA)

Before returning an item, contact us at [email protected] to explain the reason for the return, the details of your original order, and, if within thirty (30) days of shipment, whether you want a refund or a replacement product. As appropriate, we will issue you an RMA number, which you need to include in the package for the returned item, along with a copy of the original order information. We do not accept returned items for which an RMA has not been issued.

Exclusions From and Limitations to Warranty

This Limited Warranty applies only to Hardware Products manufactured by or for Formlabs that can be identified by the “Formlabs” trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-Formlabs products or software, even if packaged or sold with Formlabs Hardware Products. All non-Formlabs products and software are sold "as is" and without any warranty. Software distributed by Formlabs with or without the Formlabs brand name (including, but not limited to system software) is not covered under this Limited Warranty. Please refer to the "Formlabs Software Licensing" section of these Terms for details of your rights with respect to its use. 

Formlabs does not warrant that the operation of the Hardware Products will be uninterrupted or error-free. Formlabs is not responsible for damage arising from failure to follow instructions relating to the Hardware Product's use.

This warranty does not apply to: a) damage caused by use with non-Formlabs products including third-party materials; b) damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes; c) damage caused by operating the Hardware Product outside the permitted or intended uses described by Formlabs; d) damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Formlabs; e) a Hardware Product or part that has been modified to alter functionality or capability without the written permission of Formlabs including the refilling of resin cartridges, even if with Formlabs resins; f) consumable parts (e.g. build platforms and resin tanks), unless damage has occurred due to a defect in materials or workmanship; g) cosmetic damage, including but not limited to scratches and dents; h) a Hardware Product, if any Formlabs serial number has been removed or defaced; or i) to Hardware Products purchased outside of Europe or North America. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. FORMLABS' RESPONSIBILITY FOR HARDWARE DEFECTS IS LIMITED TO REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY FORMLABS IN ITS SOLE DISCRETION.

When you use Print Settings Editor, have Open Material Mode installed, or use Supplier Certified Materials, the following failure modes are additionally excluded from this Limited Warranty a) material spills; b) any type of tank damage, wear, or leak; c) wiper damage, wear, decoupling, or slow speeds; d) build platform damage; e) any damage to Hardware Products caused by the reaction of volatile ingredients in materials; and f) any other damage to Hardware Products caused by your use of Print Settings Editor, Non Formlabs Materials, or Supplier Certified Materials.

You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all Formlabs products and services delivered to you through the Services are (except to the extent otherwise expressly stated by us) provided "as is" and "as available" for your use, without any representations, 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.

EXCEPT AS SET FORTH IN THESE TERMS, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. SOLELY TO THE EXTENT THAT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, SUCH WARRANTIES ARE LIMITED IN TIME TO THE WARRANTY PERIOD OR EXTENDED WARRANTY PERIOD, AS APPLICABLE. NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD OR EXTENDED WARRANTY PERIOD, AS APPLICABLE. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION MAY NOT APPLY TO YOU.

No Formlabs reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.

EXCEPT AS PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY LAW, FORMLABS IS NOT RESPONSIBLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION OR ANY OTHER REASON, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH FORMLABS HARDWARE PRODUCTS AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE HARDWARE PRODUCT. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Obtaining Warranty Service

Please access and review the online help resources referred to in the documentation accompanying your Hardware Product before requesting warranty service. If the Hardware Product is still not functioning properly after making use of these resources, please contact Formlabs at [email protected]. You must assist in diagnosing issues with your Hardware Product and follow Formlabs' warranty processes.

Not all features, products, or services discussed, referenced, provided, or offered through the Services may be available in all geographic locations. Formlabs reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service under the Services to any geographic area.

Formlabs may provide warranty service at its sole discretion by a) servicing your Hardware Product at one of our repair service locations, b) sending you new or refurbished customer-installable replacement Hardware Product or parts to enable you to service or exchange your own Hardware Product (“DIY Service”), or c) providing on-site repair services.

Service options, parts availability, and response times may vary. Service options are subject to change at any time. In accordance with applicable law, Formlabs may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. Please refer to the accompanying documentation for more details on this and other matters on obtaining warranty service.

Formlabs will maintain and use customer information in accordance with the Formlabs Privacy Policy. THE CONTENTS OF YOUR HARDWARE PRODUCT WILL BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. Your Hardware Product will be returned to you configured as originally purchased, subject to applicable updates.

Repair Service Location

If we opt to service your Hardware Product at one of our service locations, you will be responsible for packaging and shipping your Hardware Product to the service location requested. If you no longer have the original packaging, Formlabs may send you packaging material. If you are located in the United States or Europe, Formlabs will provide prepaid shipping way bills. Customers who purchase from the International Store may be required to cover the cost of shipping to a repair service location. Not all Hardware Products are eligible for service at a repair service location.

DIY Service

If we opt to send you a new or refurbished replacement Hardware Product or part, upon receipt of the replacement Hardware Product or part, the original Hardware Product or part becomes the property of Formlabs and you agree to follow instructions, including, if required, arranging the return of original Hardware Product or part to Formlabs in a timely manner.

In the event DIY Service or a user-replaceable part is refused, you may request an on-site repair at an additional charge, including the travel, labor, and lodging expenses, if applicable, of the certified Formlabs service technician.

When providing DIY Service requiring the return of the original Hardware Product or part, Formlabs may require a credit card authorization as security for the retail price of the replacement Hardware Product or part and applicable shipping costs. If you follow instructions, Formlabs will cancel the credit card authorization, so you will not be charged for the Hardware Product or part and shipping costs. If you fail to return the replaced Hardware Product or part as instructed, Formlabs will charge the credit card for the authorized amount.

On-Site Repair Services

Where hardware repairs may not be performed at a service location or through DIY Service, We may elect to provide On-site Service or technical support for covered Hardware Products. 

On-site Services will be conducted by an authorized representative of Formlabs or a designated third party service provider, at Formlabs’ sole discretion. After they arrive, representatives will deliver service, as determined by representatives, until the products are repaired. Work may be suspended temporarily if parts or additional resources are required, and will resume when they become available.

Formlabs reserves the right to charge an additional fee for any on-site Service that is not covered by this Limited Warranty or an active service plan.

Return Policy

Formlabs accepts returns, subject to the following:

30 Days

With the exception of Fuse 1, Fuse Sift, and Fuse Blast (the “Fuse Ecosystem”) Hardware Products, you can return products purchased from Formlabs to Formlabs within thirty (30) days of the date they were shipped. After thirty (30) days, we do not accept returns. See our Warranty Policy for warranty service and procedures. All sales including or related to the Fuse Ecosystem are final. 

Form 3, Form 3L, Form 3B, Form 3BL, Form 4, Form 4B, Form 4L™, Form 4BL™ printers (collectively, “SLA Printers”) may be returned in any condition; provided that Formlabs will not accept the return of any SLA Printers that have been intentionally damaged. You may also return any Wash and Cure series post-processing units that were purchased in a package with a returned SLA Printer. All other products must be unused, undamaged, complete with all parts and accessories, in the same condition you received them, and in their original, unopened packaging.

Return Shipping

You must pack the product according to our instructions to prevent damage in transit. In case of a return covered by our one-year Limited Warranty or a Service Plan within our shipping zones, Formlabs will cover the cost of shipping. For other returns, you will be responsible for paying all shipping costs. You may want to insure the package for its value, as you will be responsible for any damage occurring in transit. We suggest using a shipping service that allows you to track the package. 

Extraterritorial Returns

Formlabs is not responsible for any return shipping costs and any incidental fees or tariffs outside of our Limited Warranty and shipping zones indicated on our shipping page. You should familiarize yourself with your region’s customs policies and shipping providers.

Restocking Fee

For non-defective items, with the exception of SLA Printers and accompanying post-processing units returned within the thirty (30) day window, Formlabs may charge a restocking fee equal to 10% of the original purchase price of each product returned. This fee will be deducted from your refund.

Refund

If a refund is approved, a credit will automatically be applied to your credit card or original method of payment. This refund amount may take some time to show in your records, so before contacting Formlabs, please check with your credit card company, bank, or other payment service.

Additional Terms

Sales Tax

In accordance with state and local law, your online purchases from Formlabs placed within the United States may be taxed using the applicable sales tax or use tax rate for your shipping address. You should review the laws in your state regarding sales or usage tax on internet purchases.

Notice to Alabama Residents: Seller has collected the simplified sellers use tax on taxable transactions delivered into Alabama and the tax will be remitted on the customer's behalf to the Alabama Department of Revenue. Seller's program account number is SSU-R010262152.

Shipping from Formlabs

Unless otherwise indicated, Formlabs will deliver the ordered or warranty serviced Products Ex Works from the origin address (EXW, according to Incoterms 2010), whereby the place of performance and ownership transfer for the delivery of the goods owed by Formlabs is the address of Formlabs' warehouse. If you require any Products to be shipped to a place other than the place of performance above, the risk of accidental loss, accidental deterioration, or delay shall pass to you or any subsequent carrier (Freight Forwarder) upon delivery to you or the carrier if applicable. Formlabs cannot accommodate collect shipping. All shipping costs will be prepaid by Formlabs and added to the final invoice for the products. Any collect shipping terms included on any quote, purchase order, or contract for products are expressly rejected. 

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).

Entire Agreement

Unless otherwise expressly stated herein, these Terms constitute the entire agreement between you and Formlabs with respect to the Services and any product you purchase from Formlabs and supersedes all prior or contemporaneous communications, proposals and agreements, whether electronic, oral or written, between you and Formlabs. Formlabs objects to and rejects any additional or different terms proposed by you, including those contained in your purchase order, acceptance, or website. Formlabs’ failure to object elsewhere to any provisions of any subsequent document, communication, or act of you shall not be deemed a waiver of any of the terms hereof. Formlabs’ obligations hereunder are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by Formlabs regarding future functionality or features of any product.

Severability

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Changes to Terms

You can review the most current version of these Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms 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 Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Applicable Law and Enforcement

To the maximum extent permitted by law, these Terms and any separate agreements whereby we provide you Service or products shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A. without reference to conflicts of law principles.

If we ever have a disagreement arising out of or relating to this agreement, or any alleged breach, it will be resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

Indemnification

You agree to indemnify, defend, and hold harmless Formlabs and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, 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 or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Force Majeure

Neither party shall be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage; an act of God; an electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); epidemic or pandemic; or any other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

Actions Permitted

Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to these Terms may be brought by either party more than one (1) year after the cause of action has accrued.

Relationship of the Parties

Formlabs and you agree that no joint venture, partnership, employment, or agency relationship exists between you and Formlabs as a result of these Terms or your use of the Services or purchase of any product.

Compliance with Laws

Formlabs will comply with all applicable U.S. state and Federal laws in its provision of the Service and products you purchase on this website.

Notices

Notice to Formlabs shall be sent to the following contact address (as such may be changed by updating these Terms) and shall be deemed delivered as of modification. Formlabs Inc., 35 Medford Street, Suite 301, Somerville, MA 02143, Attention: Legal. Formlabs may give telephonic or electronic notice to you by calls to appropriate telephone numbers or emails to appropriate email addresses on record in your account information with Formlabs.

Assignment

These Terms are personal to you, and are not assignable, transferable, or sub-licensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

Export

Formlabs products are subject to U.S. and local export control and sanctions laws. You agree to comply with all applicable export and sanctions laws, and you will not receive, use, transfer, export, or re-export any Formlabs products in violation of such laws or in any way that would cause Formlabs to violate such laws. You represent and warrant that you are not, and you are not owned or controlled by or acting on behalf of any other person or entity that is located, organized, or resident in any jurisdiction subject to comprehensive U.S. trade sanctions or identified on any export- or sanctions-related restricted party list, including but not limited to the Specially Designated Nationals and Blocked Persons List, maintained by the U.S. Department of the Treasury’s Office of Foreign Assets Control, and the Entity List, maintained by the U.S. Department of Commerce’s Bureau of Industry and Security.

You agree not to provide any information, data, technology, models, documents, or other materials (collectively, "Materials") to Formlabs that are restricted by any United States or international export control law, including the International Traffic in Arms Regulations and Export Administration Regulations, other than Materials classified as “EAR99” under the Export Administration Regulations.

Authority

You represent and warrant that you have full power and authority to enter into any agreement to purchase a product under these Terms and that these Terms are binding upon you and enforceable in accordance with their terms.

Contact Information

Questions about these Terms should be sent to us through [email protected]. If you would like a paper version of these Terms, please contact [email protected].