1. Agreement
By accessing or using MakerStage services (“Services”), you (“Customer”) agree to these Terms of Service (“Terms”). If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Quotes & Orders
- Quotes are valid for 14 calendar days from the date shown on the quote, expiring at 11:59 PM Pacific Time on the final day, unless otherwise stated in writing.
- An order is formed when the Customer accepts a quote and submits payment or a purchase order, as applicable.
- Orders are manufactured per the part files, drawings, notes, and specifications agreed upon at the time of order placement.
- Change requests submitted after order confirmation may affect price, lead time, or both. MakerStage will provide an updated quote for any material changes before proceeding.
3. Cancellation & Changes
- Customer cancellation: Orders may be cancelled before production begins at no charge. Once production has started, the Customer is responsible for material costs incurred and labor performed up to the point of cancellation. MakerStage will provide documentation of costs upon request.
- MakerStage cancellation: MakerStage reserves the right to cancel an order if (a) the part files are not manufacturable as submitted, (b) the Customer fails to respond to clarification requests within 10 business days, or (c) payment is not received per the agreed terms. In such cases, any prepaid amounts less costs already incurred will be refunded.
4. Intellectual Property
- The Customer retains all intellectual property rights to designs, CAD files, drawings, and specifications submitted to MakerStage. MakerStage claims no ownership, license, or usage rights to Customer IP.
- MakerStage retains ownership of its proprietary processes, toolpaths, fixtures, and manufacturing methods developed independently of Customer designs.
- Customer-provided files will not be shared with third parties except as necessary to fulfill the order (e.g., a finishing vendor), and only under equivalent confidentiality obligations.
5. Files & Confidentiality
- MakerStage treats all Customer files as confidential and restricts access to authorized personnel on a need-to-know basis.
- MakerStage will execute a mutual non-disclosure agreement (NDA) upon Customer request at no charge.
- Customer files are retained for 12 months after the last order to facilitate reorders, then permanently deleted unless the Customer requests earlier deletion in writing.
6. Quality & Inspection
- Parts are manufactured per agreed specifications and applicable industry practices.
- Inspection level and documentation requirements (e.g., CMM reports, material test reports) must be specified at the time of the RFQ. Additional inspection requested after order placement may incur additional charges.
7. Shipping & Risk of Loss
- Risk of loss and title transfer to the Customer upon delivery to the carrier (FOB Origin) unless otherwise agreed in writing.
- MakerStage will use commercially reasonable packaging to protect parts during transit. Claims for shipping damage should be filed with the carrier.
- Expedited shipping options are available upon request.
8. Warranty
- MakerStage warrants that parts will conform to the agreed specifications and will be free from defects in workmanship for a period of 30 calendar days from the date of delivery.
- The Customer must notify MakerStage in writing of any non-conformance within the 30-day warranty period. Claims submitted after this period are not eligible for remedy under this warranty.
- Upon validated non-conformance, MakerStage will, at its discretion, repair, replace, or refund the affected parts.
- This warranty does not cover defects caused by Customer-supplied designs that are inherently unfeasible, misuse, modification, improper storage, or normal wear and tear.
9. Limitation of Liability
- To the maximum extent permitted by law, MakerStage’s total liability for any claim arising from or related to an order shall not exceed the amount paid by the Customer for that specific order.
- MakerStage is not liable for consequential, incidental, indirect, special, or punitive damages, including but not limited to lost profits, production delays, or downstream costs, regardless of whether MakerStage was advised of the possibility of such damages.
10. Indemnification
- The Customer agrees to indemnify and hold harmless MakerStage from claims, losses, or damages arising from (a) the Customer’s use of manufactured parts in end-use applications, (b) the Customer’s violation of applicable laws or regulations, or (c) infringement of third-party IP rights by Customer-provided designs.
- MakerStage agrees to indemnify the Customer from claims arising directly from MakerStage’s gross negligence or willful misconduct in the manufacturing process.
11. Compliance
The Customer is responsible for ensuring that parts and their end-use comply with all applicable laws, export controls, and industry regulations. The Customer represents that no order placed with MakerStage will be used in connection with any prohibited end-use or sanctioned party.
12. Payment
- Payment in full is required before production begins unless alternate terms are agreed upon in a separate written agreement.
- Accepted payment methods include credit card, ACH bank transfer, and wire transfer.
- Late payments are subject to a finance charge of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance.
13. Force Majeure
Neither party shall be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to natural disasters, pandemics, government actions, supply chain disruptions, carrier delays, or utility failures. The affected party must notify the other party promptly and use commercially reasonable efforts to mitigate the impact. If a force majeure event continues for more than 60 calendar days, either party may cancel the affected order without penalty.
14. Governing Law & Dispute Resolution
- These Terms are governed by the laws of the State of California, without regard to its conflict-of-law provisions.
- Any dispute arising from these Terms or any order shall first be addressed through good-faith negotiation between the parties for a period of 30 calendar days.
- If negotiation fails, disputes shall be resolved by binding arbitration administered by JAMS in San Francisco County, California, under its Streamlined Arbitration Rules. The arbitrator’s decision shall be final and enforceable in any court of competent jurisdiction.
- Either party may seek injunctive relief in a court of competent jurisdiction to protect its confidential information or intellectual property without first submitting to arbitration.
15. Changes to These Terms
MakerStage may update these Terms from time to time. Material changes will be posted on this page with an updated effective date. For customers with active orders, MakerStage will provide notice via the email address on file at least 15 calendar days before changes take effect. Continued use of the Services after the updated effective date constitutes acceptance of the revised Terms.
16. Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
17. Contact
For questions about these Terms, contact hello@makerstage.com.