Terms of Service

AutofabX operates this website. Throughout the site, the terms "we", "us", and "our" refer to AutofabX. This website, including all its information, tools, and services, is provided to you upon your acceptance of all terms, conditions, policies, and notices stated here.

By accessing our site and purchasing custom parts or other items, you engage in our "Service" and agree to be bound by these terms and conditions ("Terms of Service", "Terms"), including any additional terms, conditions, and policies referenced herein or made available via hyperlink. These Terms of Service apply to all users of the site, including browsers, vendors, customers, partners, merchants, and contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to comply with these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any of its services. If these Terms of Service are considered an offer, your acceptance is limited to these Terms of Service.

Any new features or tools added to the existing store are also governed by the Terms of Service. You can review the latest version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to review this page periodically for modifications. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS

You may not use our products for any illegal or unauthorized purposes, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or any destructive code.

Any breach or violation of these Terms will result in immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

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

You understand that your content (excluding credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform to the technical requirements of connecting networks or devices. Credit card information is always encrypted during network transfers.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any part of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided without our express written permission.

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

You represent and warrant that all information you provide to the Site is accurate and truthful. You have the authority to provide us with all User Content, documentation, drawings, and specifications. You are authorized to grant the license referred to in Section INTELLECTUAL PROPERTY RIGHTS AND PUBLICITY.

SECTION 3 – ACCEPTABLE USE POLICY

The following terms make up our "Acceptable Use Policy":

(i) You understand that AutofabX does not accept Export Controlled Data. "Export Controlled Data" refers to data regulated for export under E.U. or U.S. law, depending on your location, order, residency, and status under E.U. and U.S. regulations. Under E.U. law, this includes (technical) data and end Parts controlled under the Common Military List of the European Union or any equivalent list by an EU Member State, or data subject to the EU Dual Use Regulation 428/2009 (as amended). Under U.S. law, this includes technical data and end Parts controlled under the International Traffic in Arms Regulations or subject to the Export Administration Regulations that are controlled at any level beyond EAR99.

(ii) You certify that your data (including 3D CAD Data, 2D technical drawings, assembly files, and electronic documents) and your Order DO NOT include Export Controlled Data.

(iii) You acknowledge that by uploading data to the Site, you are exporting data to another country. AutofabX operates internationally, employs individuals in other countries, and maintains printing and manufacturing facilities 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 supplied to AutofabX and to comply with the prohibition on Export Controlled Data stated herein. AutofabX relies entirely on you to provide accurate information to comply with applicable export control laws. Providing incorrect classification could lead to export control violations, resulting in significant fines and 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 do not violate any export control laws or regulations.

(vi) You represent and warrant that you will not, directly or indirectly, (1) sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from such technology) received from AutofabX to any destination, entity, or person prohibited by law or regulation, or (2) use Parts for any prohibited purpose without obtaining prior authorization from the competent government authorities.

(vii) You further represent and warrant that you will only use the Site in compliance with, and understand and agree to, our AutofabX content policy (the "Content Policy"). You represent and warrant that your User Content (including 3D CAD Data, 2D technical drawings, assembly files, and electronic documents), your Order, and the production, shipping, sale, and use of the Parts or tooling by us:

(a) Do not contain any weapons. "Weapons" is broadly defined as firearms, firearm parts, ammunition, bladed weapons, explosive devices, toy guns, and arms-related items and accessories.

(b) Do not violate or infringe any intellectual property rights (including but not limited to copyrights, patents, design rights, trademarks, trade secrets, or any other proprietary rights) or any third-party rights.

(c) Do not contain false, inaccurate, misleading, harassing, racially or ethnically offensive, discriminatory, harmful to minors, libelous, or defamatory information, including content used to produce counterfeit goods.

(d) Are not contrary to or in violation of any applicable law, regulation, or public policy.

(e) Do not violate our Export Control Policy.

(f) Be aware that using our Site and uploading User Content to print firearms may be punishable by law. AutofabX is legally obligated to report suspicious User Content and Orders related to weapons.

(g) AutofabX reserves the right to reject any use of our Site and any Order that it believes—at its sole discretion—violates this Acceptable Use Policy. It is your sole responsibility to comply with this Acceptable Use Policy when using the Site, uploading designs, and placing Orders. AutofabX is not obliged to verify User Content before accepting or executing any Order.

IF YOU HAVE ANY DOUBT ABOUT WHETHER YOUR USE OF THE SITE, USER CONTENT, AND 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.

Enforcement. We reserve the right (but are not obligated) to review any User Content and take appropriate action against you at our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or create liability for us or others. This action may include removing or modifying your User Content, terminating your Account, and reporting you to law enforcement authorities. Any attempt by you to damage the Site or undermine AutofabX's legitimate operations may violate criminal and civil laws. In such cases, we reserve the right to seek damages to the fullest extent permitted by law.

SECTION 4 – ORDERS

You are responsible for ensuring that all information provided in a quotation request or Order is accurate and complete. The specifications within your Order must align with our instructions and take into account any manufacturing or other constraints outlined by us on our website, including our manufacturing standards or any other communication.

We reserve the right to reject any Order at our discretion before formally accepting it. Orders are considered accepted only upon written confirmation.

Acceptance of any Order is contingent upon certain conditions: (i) the availability of adequate resources to fulfill your Order within the specified timelines and at the agreed-upon price, (ii) your Order not being based on inaccurate information, including pricing and specifications, (iii) adherence to our Content Policy (as defined in Section 3.vii), and (iv) satisfactory completion of any credit check or provision of prepayment or other assurance of payment, as determined by us at our discretion.

Modifications made by you to an Order after submission are subject to our approval and may incur additional charges, potentially resulting in extended delivery times or supplementary fees.

SECTION 5 – SPECIFICATIONS OF PARTS AND TOOLING

You are responsible for providing accurate and complete 3D CAD data and/or drawings necessary for the production of Goods and tooling. You must upload all pertinent files required for the manufacture of your Goods and tooling to our website or as agreed upon for specific or special Orders. We are not obligated to review any specifications, data, or drawings provided by you and reserve the right to reject or cancel any incomplete Order.

We use the 3D CAD data and/or drawings provided by you to fabricate Goods and tooling. In cases where both 2D technical drawings and 3D CAD models are available, 2D technical drawings take precedence solely for parameters concerning tolerances and/or threads if specified. Otherwise, 3D CAD data governs the production process unless otherwise agreed upon. We are not liable for inconsistencies between 3D CAD data and 2D technical drawings.

If an Order entails threads or specific tolerances, it is your responsibility to provide a technical drawing outlining the relevant specifications. You must ensure the inclusion of this information in the quotation request and verify its accuracy in the Quote.

You assume full responsibility for the design specifications and performance of the goods in the Order, as well as for ensuring compliance with relevant regulatory requirements. We disclaim liability for inaccurately designed Goods, improper assembly, issues arising from thick cross-sections causing sink marks or warping, or Parts produced based on erroneous CAD data or technical drawings.

SECTION 6 – OWNERSHIP OF WORK PRODUCT

Items or services outlined in our purchase order may involve design, product development, specification creation, or other related work. Unless explicitly stated otherwise, all resulting work products and associated know-how become our exclusive property and must be delivered upon request. You agree to promptly execute any necessary assignments and documents, including copyrights and patents, to confirm and protect our ownership of said work product.

SECTION 7 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if the information on this site is inaccurate, incomplete, or outdated. The material on this site is provided for general information only and should not be relied upon solely for decision-making without consulting more accurate, complete, or timely information. Your reliance on the material on this site is at your own risk.

This site may contain historical information, which is not current and is provided for reference only. We reserve the right to modify the contents of this site at any time but are not obligated to update any information. You agree that it is your responsibility to monitor changes to our site.

Account Responsibilities: You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities under your Account. You agree to notify us immediately of any unauthorized use or suspected unauthorized use of your Account or any other security breach. We are not liable for any loss or damage arising from your failure to comply with these requirements.

SECTION 8.1 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

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

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

SECTION 8.2 – SURCHARGE POLICY

Additional charges for services on the website other than the product price may include:

• Logistics fee: Charged when logistics service is required for your product.

• Bank fee: An extra fee may be charged for purchasing goods from AutofabX when using a debit or credit card, depending on the payment processor.

• VAT: For customers within the EU needing VAT service of IOSS, the corresponding VAT rate applies.

• Tariff: When DDP (Delivered Duty Paid) service is needed, DDP service fees, import duties, and other taxes will apply.

• DDP service fee: Operation fee required for paying customs duties via DHL service.

SECTION 8.3 – CUSTOMS AND IMPORT TAXES

You may be charged customs duties and taxes for items purchased on AutofabX due to:

• Duties and taxes typically not being included in the item price or shipping costs paid to us.

• Purchasing from an overseas manufacturer may require paying customs duty.

Tax liability depends on where your order was sent from, the type of items purchased, their value, and package weight. Different countries may have varying tax policies. Confirm with your local customs authority or sales representative for specific details.

You are responsible for clearing VAT on all purchases made on AutofabX, which can be done through your local customs authority.

Please note: AutofabX does not cover customs duties and taxes.

To avoid unforeseen costs, consider:

• Contacting your local post or customs office for details about customs duties and taxes.

• Import duties, taxes, or other charges are typically collected upon delivery by the shipping company.

• AutofabX is not responsible for delays caused by customs.

• Additional costs or delays may occur during international trade.

SECTION 9 – PRODUCTS OR SERVICES (if applicable)

Certain products or services may be exclusively available online. Such products or services may have limited quantities and are subject to return or exchange according to our Return Policy. We strive to display product colors and images as accurately as possible but cannot guarantee color accuracy on your monitor.

We reserve the right to limit sales of our products or Services to any person, region, or jurisdiction, on a case-by-case basis. We may also limit the quantities of products or services offered. All descriptions and pricing are subject to change at our discretion. Any offer for products or services is void where prohibited.

We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

SECTION 10 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place. We may limit or cancel quantities purchased per person, household, or order, including orders under the same customer account, credit card, and billing/shipping address. In such cases, we may contact you via the provided email, billing address, or phone number. We also reserve the right to limit or prohibit orders that we believe are placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all transactions. You must promptly update your account information, including your email address, credit card numbers, and expiration dates, for us to complete transactions and contact you as needed.

Information regarding post-sales management, including delivery, inspection, return, and replacement procedures, can be found in our After Sales Service.

SECTION 11 – OPTIONAL TOOLS

We may provide access to third-party tools, which we neither monitor nor control.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations, or conditions. We are not liable for any issues related to your use of optional third-party tools.

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

We may also introduce new services and features through the website, which are subject to these Terms of Service.

SECTION 12 – THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include third-party materials.

Links on this site may direct you to third-party websites not affiliated with us. We are not responsible for examining or evaluating their content and have no liability for third-party materials or websites.

We are not liable for harm or damages related to purchasing or using goods, services, resources, content, or other transactions conducted with third-party websites. Please review the policies of third parties carefully before engaging in any transactions. Direct complaints or questions regarding third-party products to the third party.

SECTION 13 – INTELLECTUAL PROPERTY RIGHTS AND PUBLICITY

By providing data to us, you grant us a non-exclusive, royalty-free, worldwide, and transferable right to use, copy, distribute, and display the data (including 3D CAD Data and drawings), documentation, drawings, and specifications for producing, shipping, and selling the Goods.

You retain sole ownership of the copyright in files, text, illustrations, software, and other materials provided by you, as well as any deliverables or designs created for you during our services.

We retain sole ownership of all proprietary software, processes, and procedures developed for quoting, analyzing, designing, automating, and manufacturing machined, injection-molded, and 3D-printed Goods. You shall not alter our Intellectual Property without prior written approval.

For information on how we collect and process your personal data, please refer to our Privacy Policy.

SECTION 14 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies, or omissions regarding product descriptions, pricing, promotions, shipping charges, transit times, or availability. We reserve the right to correct such errors, inaccuracies, or omissions and to change or update information or cancel orders if any details in the Service or related website are inaccurate, without prior notice (even after you have submitted your order).

We undertake no obligation to update, amend, or clarify information, including pricing, except as required by law. No specific update or refresh date implies that all information has been modified or updated.

SECTION 15 – PROHIBITED USES

You are prohibited from using the site or its content for:

(a) Any unlawful purpose; (b) Soliciting others to perform unlawful acts; (c) Violating international, federal, or state regulations or local laws; (d) Infringing our intellectual property rights or others'; (e) Harassing, abusing, insulting, harming, defaming, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) Submitting false or misleading information; (g) Uploading/transmitting viruses or other malicious code; (h) Collecting/tracking others' personal information; (i) Spamming, phishing, crawling, or scraping; (j) Any obscene or immoral purpose; (k) Interfering with security features of the Service or any website.

We reserve the right to terminate your use of the Service or related website for violating prohibited uses.

SECTION 16 – FORCE MAJEURE

We shall not be held responsible for any delay or failure in performance under this Agreement if such occurrences are beyond our control, commonly known as force majeure events. These include but are not limited to war, acts of terrorism, acts of God, pandemics, natural disasters, strikes, power outages, material shortages, government restrictions, or any other events preventing manufacture or delivery. We may suspend performance for the duration of such delays or cancel the Order at our discretion.

You remain obligated to fulfill payment obligations under an Order, despite force majeure.

SECTION 17 – CONFIDENTIALITY

We shall not disclose data (including 3D CAD data), documentation, drawings, or specifications provided by you, except to our affiliates or contractors as necessary to produce, ship, and sell Goods. This restriction does not apply when legally required, when information becomes public, or is independently developed without use of such data.

SECTION 18 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

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

The service and products delivered through the service are provided "as is" and "as available" without warranties, either express or implied. We are not liable for any direct or indirect damages resulting from your use of the service or products.

SECTION 19 – INDEMNIFICATION

You agree to indemnify and hold us and our affiliates, partners, and employees harmless from any claims or demands, including reasonable attorneys' fees, made by third parties due to your breach of these Terms or violation of any law.

SECTION 20 – SEVERABILITY

If any provision of these Terms is deemed unlawful or unenforceable, the enforceable portion will be maintained, and the rest will still be effective.

SECTION 21 – TERMINATION

These Terms are effective unless terminated by you or us. You may terminate them by notifying us or ceasing use of our site. We may terminate the agreement at any time if you violate any provision.

SECTION 22 – ENTIRE AGREEMENT

These Terms and any policies posted by us constitute the entire agreement between you and us, superseding prior agreements. Any ambiguities will not be construed against the drafting party.

SECTION 23 – GOVERNING LAW

Your purchase will display a billing statement including 'AutofabX.com' and the corresponding country code. Purchases are processed by our respective entity and are governed by local law.

SECTION 24 – CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms by posting changes on our website. Your continued use of the website constitutes acceptance of these changes.

SECTION 25 – CONTACT INFORMATION

For any inquiries regarding these Terms of Service, please contact us via email at [email protected].