Last Updated June 28, 2023
1. Contractual Relationship
By accessing or using the Services, you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you regarding the use of the Services.
Notwithstanding the foregoing, these Terms do not supersede or otherwise impact the enforceability of any agreements you may have with Intagly or its subsidiaries.
Intagly may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Intagly may make changes to these Terms from time to time. If Intagly makes changes, it will provide you with notice of such changes, such as by sending an email, providing a notice through the Services, or updating the date at the top of these Terms. Unless Intagly says otherwise in its notice, the amended Terms will be effective immediately and your continued access to and use of the Services after Intagly provides such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop accessing and using the Services.
Intagly’s collection and use of personal information in connection with the Services is described in Intagly’s Privacy Notice located at https://intagly.com/privacy.pdf.
2. The Marketplace Platform & Services
Intagly operates the Platform that is accessed in a number of forms, including mobile and/or web-based applications (“Applications”). Among other things, the Platform enables you to discover and receive: (i) services rendered by Intagly that facilitate your requests to independent third-party providers (“Third-Party Providers”) for the purchase of services or goods, such as 3D printing and custom fabrication; (ii) any supporting services, including payment processing and customer support. The Platform and supporting services described in this Section are collectively referred to as “the Services.” Unless otherwise agreed by Intagly in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.
YOU ACKNOWLEDGE THAT YOUR ABILITY TO REQUEST, AND IF APPLICABLE, OBTAIN SERVICES FROM THIRD-PARTY PROVIDERS IN CONNECTION WITH THE USE OF THE PLATFORM AND SERVICES DOES NOT ESTABLISH INTAGLY AS A PROVIDER OF FABRICATION SERVICES.
YOU ACKNOWLEDGE THAT INDEPENDENT THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF INTAGLY IN ANY WAY.
YOU ACKNOWLEDGE THAT EACH PRODUCTS PRODUCED BY THIRD-PARTY PROVIDERS IS UNIQUE AND CAN DIFFER IN QUALITY DUE TO, YET NOT LIMITED TO, DIFFERENCES IN HARDWARE, SOFTWARE, MATERIALS, AND TECHNIQUES USED BY THIRD-PARTY PROVIDERS.
YOU ACKNOWLEDGE THAT PRODUCTS PRODUCED BY THIRD-PARTY PROVIDERS ARE PROVIDED AS-IS AND MAY REQUIRE ADDITIONAL SERVICES SUCH AS SANDING, PAINTING, OR ASSEMBLY. THIRD-PARTY PROVIDERS ARE NOT REQUIRED TO PROVIDE THESE ADDITIONAL SERVICES.
Subject to your compliance with these Terms, Intagly grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the Applications on your personal device solely in connection with your use of the Services; and (ii) access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Intagly and Intagly’s licensors.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Intagly; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
Third-Party Services and Content.
You acknowledge and agree that the availability of the Applications may be dependent on the third-party from which you received the Application’s license, e.g., the Apple iPhone or Android app stores (“App Store”). You acknowledge and agree that this Agreement is between you and Intagly and not with the App Store and that Intagly is responsible for the provision of Services as described in this Agreement. However, if you downloaded the Application from the Apple App Store, Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement will control.
The Services and all rights therein are and shall remain Intagly’s property or the property of Intagly’s licensors. Neither these Terms nor your use of the Services convey or grant to you any rights in or related to the Services except for the limited license granted above.
You agree that you will not use Intagly’s copyright, trademarks, service marks, or trade dress or any similar names, marks, or trade dress (“Intagly’s Marks”), aside from use incidental to your use of the Services, without express, written permission from Intagly. This prohibition on using Intagly’s Marks includes, but is not limited to, use in domain names, websites, and social media accounts.
4. Access and Use of the Services
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise. You cannot register for or maintain an Account if you have previously been banned from accessing or using the Services. Account registration requires you to submit to Intagly certain personal information, such as your name, address, mobile phone number and age, as well as at least one valid payment method supported by Intagly. For more information regarding Intagly’s use of your personal information, please see our Privacy Notice currently available at https://intagly.com/legal. You agree to maintain accurate, complete, and up-to-date information in your Account, including a valid phone number, address and payment method. Your failure to comply with these Terms (including policies and supplemental terms) including, without limitation, your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Services. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Intagly in writing, you may only possess one Account.
User Requirements and Conduct.
You may not authorize third parties to use your Account, and you may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws when accessing or using the Services, and you may only access or use the Services for lawful purposes. You may not in your access or use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third-Party Provider or any other party. In certain instances, you may be asked to provide proof of age, identity or other method of identity verification to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of age, identity or other method of identity verification. Minors under 18 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision unless a specific Service permits otherwise. See Intagly's Minors Policy for more information.
Text Messaging and Telephone Calls.
You agree that Intagly, and its subsidiaries, representatives, affiliates, officers and directors, may contact you by telephone or text messages (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf in connection with an Intagly account, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing any property, goods or services. You also understand that you may opt out of receiving text messages from Intagly at any time by contacting www.Intagly.com/contact. If you do not choose to opt out, Intagly may contact you as outlined in its User Privacy Notice, located at https://intagly.com/privacy.pdf.
You agree that Intagly may contact you using any of the phone numbers you provided in connection with an Intagly account (including via text or voice-recorded message) or your email address in the case of suspected fraud or unlawful activity.
User Provided Content.
Intagly may, in Intagly’s sole discretion, permit you to submit, upload, publish or otherwise make available to Intagly through the Services, textual and/or visual content and information needed for Third-Party Providers to fulfill services (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to Intagly, you grant Intagly a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Intagly’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Intagly the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor Intagly’s use of the User Content as permitted herein will infringe, misappropriate or violate a third-party's intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree to not provide User Content that is defamatory, disparaging, libelous, hateful, unlawful, or otherwise offensive, as determined by Intagly in its sole discretion, or in violation of our Prohibited Items Policy or any part of our Terms whether or not such material may be protected by law. Intagly may, but shall not be obligated to, review, monitor, and remove User Content, at Intagly's sole discretion and at any time and for any reason, without notice to you.
As Intagly respects your rights to your ideas, you agree that you will not submit any confidential ideas, information, or suggestions in any form to Intagly or any of its affiliates. For any ideas, information, or suggestions you do submit, regardless of what your communication regarding your submissions says, you understand that your submissions are voluntary and the following terms shall apply to your submissions: (i) your submissions and their contents will automatically become the property of Intagly, without any compensation to you; (ii) Intagly has no obligation to review your submissions; (iii) Intagly may implement and distribute any portion of your submissions and their contents for any purpose in any way, without any compensation to you; and (iv) Intagly has no obligation to keep your submissions confidential.
Network Access and Devices.
You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from your device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Intagly does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
You understand that use of the Services may result in charges to you for the services or goods you receive from Intagly and/or from Third-Party Providers (“Charges”). You acknowledge that prices displayed to you when purchasing goods through the Services may be inclusive of retail prices charged by the Third-Party Provider and service fees paid to Intagly. Intagly will enable your payment of the applicable Charges for services or goods obtained through your use of the Services. Charges will include applicable taxes where required by law. Charges may include other applicable fees such as delivery fees, service fees, product return fees, cancellation fees, government-mandated fees (such as bag fees), estimated or actual tolls, and/or surcharges.
All Charges and payments will be enabled by Intagly using the preferred payment method designated in your Account, after which you will receive a receipt. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Intagly may use a secondary payment method in your Account, if available. Charges paid by you are final and non-refundable, unless otherwise determined by Intagly.
As between you and Intagly, Intagly reserves the right to establish or adjust Charges for any or all services or goods obtained through the use of the Services at any time. Intagly will use reasonable efforts to inform you of Charges that may apply, provided that you will be responsible for Charges incurred under your Account regardless of your awareness of such Charges or the amounts thereof. Certain users may from time to time receive promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. Promotional offers and discounts are subject to change or withdrawal at any time and without notice. You may elect to cancel your request for Services at any time prior to the commencement of such Services, in which case you may be charged a cancellation fee on a Third-Party Provider’s behalf.
With respect to Third-Party Providers, Charges you incur will be owed directly to Third-Party Providers, and Intagly will collect payment of those charges from you, on the Third-Party Provider’s behalf as their limited payment collection agent, and payment of the Charges shall be considered the same as payment made directly by you to the Third-Party Provider. In such cases, you retain the right to request lower Charges from a Third-Party Provider for services or goods received by you from such Third-Party Provider at the time you receive such services or goods, and Charges you incur will be owed to the Third-Party Provider. Intagly will consider in good faith any request from a Third-Party Provider to modify the Charges for a particular service or good. This payment structure is intended to fully compensate a Third-Party Provider, if applicable, for the services or goods obtained in connection with your use of the Services. Except for amounts provided by you through the Application as part of the “tip” feature, Intagly does not designate any portion of your payment as a tip or gratuity to a Third-Party Provider. You understand and agree that, while you are free to provide additional payment as a gratuity to any Third-Party Provider who provides you with services or goods obtained through the Service, you are under no obligation to do so. There also may be certain Charges you incur that will be owed and paid directly to Intagly or its affiliates. For the avoidance of doubt, Intagly does not charge a fee for a user to access the Platform but may charge users a fee or any other Charge for accessing Services made available through the Platform. Even if not indicated on the Platform, you understand that the prices for product or services displayed through the Services may differ from the prices offered or published by Third-Party Providers for the same product or services available at other third-party websites/mobile applications. Prices for product or services displayed through the Services may not be the lowest prices at which the product or menu items are sold.
If you think a correction should be made to any Charge you incurred, you must let Intagly know in writing within 30 days after the Charge took place or Intagly will have no further responsibility and you waive your right to later dispute the amounts charged.
Violation of Terms.
If you fail to comply with these Terms, you may be responsible for Charges, including without limitation, for transactions that could not be completed properly, arising out of or in connection with your failure to comply with these Terms.
6. Disclaimers; Limitation of Liability; Indemnity.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” INTAGLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, INTAGLY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
INTAGLY DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD-PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED OR OBTAINED FROM THIRD-PARTY PROVIDERS IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
INTAGLY DOES NOT CONTROL, MANAGE OR DIRECT ANY THIRD-PARTY PROVIDERS. THIRD-PARTY PROVIDERS ARE NOT ACTUAL AGENTS, APPARENT AGENTS, OSTENSIBLE AGENTS, OR EMPLOYEES OF INTAGLY.
INTAGLY DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY USER CONTENT OR THIRD-PARTY CONTENT AVAILABLE ON OR LINKED TO BY THE SERVICES. INTAGLY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability.
INTAGLY SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF INTAGLY, EVEN IF INTAGLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INTAGLY SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF INTAGLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. INTAGLY SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND INTAGLY'S REASONABLE CONTROL. YOU ACKNOWLEDGE THAT THIRD-PARTY PROVIDERS ARE NOT OSTENSIBLE AGENTS, APPARENT AGENTS, ACTUAL AGENTS, OR EMPLOYEES OF INTAGLY.
THE LIMITATIONS AND DISCLAIMERS IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, INTAGLY’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THIS PROVISION SHALL HAVE NO EFFECT ON INTAGLY’S CHOICE OF LAW PROVISION SET FORTH BELOW.
You agree to indemnify and hold Intagly and its affiliates and their officers, directors, employees, and agents harmless from and against any and all actions, claims, demands, losses, liabilities, costs, damages, and expenses (including attorneys’ fees), arising out of or in connection with: (i) your use of the Services or services or goods obtained through your use of the Services; (ii) your breach or violation of any of these Terms; (iii) Intagly's use of your User Content; or (iv) your violation of the rights of any third party, including Third-Party Providers.
7. Other Provisions
Choice of Law.
These Terms shall be governed by and construed in accordance with the laws of the state in which your dispute arises, without regard to the choice or conflict of law principles of any jurisdiction, except as may be otherwise provided in the Arbitration Agreement located at https://www.Intagly.com/legal or in supplemental terms applicable to your region. This Choice of Law provision applies only to the interpretation of these Terms, and these provisions shall not be interpreted as generally extending any state’s law to you if your dispute did not arise in that state.
Any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be governed by and construed in accordance with the laws of the state in which the incident or accident occurred.
Choice of Forum.
Any dispute, claim or controversy arising out of or relating to these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, shall be brought exclusively in the state and federal courts of the state in which the dispute, claim or controversy arose, notwithstanding that other courts may have jurisdiction over the parties and subject matter, except as may be otherwise provided by the Arbitration Agreement above or in supplemental terms applicable to your region.
Notwithstanding the foregoing, any dispute, claim, or controversy arising out of or relating to incidents or accidents resulting in personal injury that you allege occurred in connection with your use of the Services, whether before or after the date you agreed to the Terms, shall be brought exclusively in the state or federal courts in the State in which the incident or accident occurred, notwithstanding that other courts may have jurisdiction over the parties and subject matter, and except as may be otherwise provided in the Arbitration Agreement located at https://www.Intagly.com/legal or in supplemental terms applicable to your region, to the extent permitted by law.
The foregoing Choice of Law and Choice of Forum provisions do not apply to the Arbitration Agreement located at https://www.Intagly.com/legal , and we refer you to https://www.Intagly.com/legal for the applicable provisions for such disputes.
Claims of Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the website infringe your copyright, you (or your agent) may send Intagly a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details. Notices and counter-notices should be sent to:
Designated Copyright Agent
C/O: Joshua Leavitt
8401 Farm Road Ste 180 PMB 1035, Las Vegas, NV 89131 or to firstname.lastname@example.org
We suggest that you consult your legal advisor before filing a notice or counter-notice.
Intagly may give notice by means of a general notice on or through the Services, electronic mail to the email address associated with your Account, telephone or text message to any phone number provided in connection with your account, or by written communication sent by first class mail or pre-paid post to any address connected with your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or at the time of sending (if sent by email, telephone, or on or through the Services). You may give notice to Intagly, with such notice deemed given when received by Intagly, at any time by first class mail or pre-paid post to our registered agent for service of process, c/o Intagly. If another provision of these Terms addresses any specific notice (for example, notice of updates to these Terms, or notice of a dispute or arbitration demand), those specific notice provisions shall prevail to the extent there is any conflict or inconsistency between those provisions and this notice provision.
You may not assign these Terms without Intagly’s prior written approval. Intagly may assign these Terms without your consent to: (i) a subsidiary or affiliate; (ii) an acquirer of Intagly's equity, business or assets; or (iii) a successor by merger. Any purported assignment by you in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Intagly or any Third-Party Provider as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Intagly's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Intagly in writing. This provision shall not affect the Severability and Survivability section of the Arbitration Agreement of these Terms.