AND Inc’s Terms and Conditions

The following are terms and conditions of a legal agreement between you and AND Inc. and its affiliates (collectively, “AND lab”, “AND cafe”, “AND doconimo”,“we”, “us” or “our”). These terms and conditions govern your use of the services we offer (“AND’s Services” or “Services”) and the use of www.andinc.co (the “AND Inc Website” or “Website”).

By using the AND Inc Website, you acknowledge to have read, understood and agree to be bound by these “Terms and Conditions” and to comply with all applicable laws and regulations. If you do not agree with these Terms and Conditions, you should not use the AND Inc Services and Website.

AND Inc’s Services

The AND Inc’s Services are made up of different services provided through the Website. One of our Services enables you to upload a 3D file to our Website and view it in 3D.

If you want to turn your 3D model into reality, you can place an order with us to have it manufactured. At a charge of a service price and price for the substance used for the model, we manufacture the model for you (i.e., print it with 3D printing technology) in our materials and ship it to you. You can also order models designed by other AND Inc members: AND doconimo allows you to browse the Website for models in our Gallery, to rate these models and to place an order for the manufacturing of an available model.

Further, AND Inc offers other services and community features through the Website including a forum, a blog, tutorials etc. where you can get in touch with other users or share your experiences.

Account Terms

You must be at least eighteen (18) years of age to use this Service. If you are under 18, you may use the Website only with involvement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur there under. We will not be liable for any loss or damage from your failure to maintain the security of your account and password. We reserve the right to refuse service to or terminate service of anyone at any time without notice for any reason.

Ordering

1)    Placing an order

To order the model you designed or another model you found on our Website, you select the model and click the order button. Then you can select the quantity of the model you order and the material you want the model to be made of. As the next step, we ask you to provide us with information we need for the delivery of the model. Finally you will be redirected to our payment provider’s website to initiate your payment. Please be informed that the language to be used during the whole ordering process is English.

2)    Unacceptable orders, cancellation of orders by us

If a model is available through our Website (in the “AND doconimo” section), the basic assumption is that it can be produced. There are however technical or other reasons why AND Inc may not accept or cancel your order during the entire ordering process, even after our acceptance of your order. (Such reasons can be for example but not limited to the unfeasibility of the model, the infringing feature of your model ). In case we cancel your order we will contact you via email and you will receive a full refund of your payment for any monies paid.

3)    Prices in the AND doconimo

The prices displayed in the AND doconimo part of the Website are only indications and are valid only for the moment that they are displayed. AND Inc reserves the right to change its

prices in the AND doconimo without prior notice. Such change however will have no effect on orders completed before the posting of a new price on the AND doconimo. We do our best to prevent errors in the pricing. However, should an error occur, we are not bound by our offer and may cancel the order. Any monies paid related to that order will be refunded to you.

4)    Payment and price

The amount indicated on the ordering page includes the fee for the Service (such as printing and packing the model) and the price for the materials used to produce the model. The price quoted on the Website includes shipping costs, sales tax (if applicable) but excludes any import duty or taxes (if applicable). All prices are indicated in China’s currency(RMB). If you do not pay in RMB, the currency conversion will be handled by our payment service provider.

You can initiate your payment for your order via PayPal.com or bank transfer. If you chose to pay using PayPal you will be directed to the PayPal.com website. In case you chose to pay by bank transfer you will receive the payment instructions via email from AND Inc after confirmation of your order.

AND Inc shall not be responsible in any way for the payment process done via the PayPal.com website. Please familiarize yourself with the terms of use of those services of PayPal.

We will not perform the Services until we received confirmation either via PayPal that the transfer of the amount indicated in the order confirmation form has been completed or the funds arrive on our bank account.

5)    Acceptance

After accepting your order we will send you an order confirmation by e-mail address associated with your AND Inc account. The order confirmation will be effective as of the date on which the order confirmation is sent to you. If we cannot accept your order we will contact you by email. You should verify the details in the confirmation email. If there are errors you should contact us as soon as possible by sending an email to customer service.

6)    Order Tracking

Through the Website or – if you choose so – via e-mail notifications, you can track the status of your order e.g. accepted order, produced, dispatched, delivered etc. However we continuously change and improve this system.

7)    Shipping

Your order will be delivered to your shipping address. We deliver to multiple countries. You can only select those countries as your shipping address during the ordering process. We will use our commercially reasonable efforts to ship the model to the shipping address within the delivery time indicated in our confirmation email nevertheless depending on your shipping address it may take longer time. Any shipping and delivery dates given by us are only best estimates and we are not liable for any damage or cost caused by delay in shipping or delivery. Title and risk of loss is transferred upon delivery for the carrier for shipment.

8)    Cancellation of your order, return of models

Due to the personalized feature of our Services (i.e. the model is supplied by us based on your specifications), you can not cancel your order after it goes into production. Additionally, we are not able to refund purchases of a "Gift Card" or a "Material Sample Kit Basic (w/free Gift card)" at any point. Orders that contain non-refundable items are still cancelable, however note that refund or cancellation will not apply to items in the order that are non-refundable.

Warranty

AND Inc warrants only that the model manufactured by us will substantially meet the features of the indicated 3D model within the limitations of the 3D printing technology. AND Inc does not give any warranty about the models and does not guarantee that the model will be fit for any particular purposes. Please inspect the model upon receipt immediately. If the model is faulty when you received it and you believe you are entitled to a replacement in accordance with the warranty above, please contact us within 10 days after receipt of the model. Such warranty claim can be made only within 10 days after receipt of the model by you. Do not return the model unless we require you to do so. We will confirm whether you are entitled to a replacement or refund. Transportation costs in respect of a faulty product will be borne by us.

AND Inc provides the Website and the Services “as is“ and “as available”. AND Inc does not warrant that the use of the Website and the Services will be uninterrupted or error free.

AND Inc MAKES NO WARRANTY OTHER THAN THOSE MADE EXPRESSLY IN THIS TERMS AND CONDITIONS TO THE FULLEST EXTENT PERMITTED BY LAW, AND Inc HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

PLEASE NOTE THAT THE MATERIALS WE USE FOR MANUFACTURING THE MODELS MAKE THE MODELS SUITABLE ONLY FOR DECORATIVE PURPOSES AND THEY ARE NOT SUITED FOR ANY OTHER PURPOSE. THE MODELS ARE NOT SUITED TO BE USED AS TOYS, TO BE GIVEN TO CHILDREN. THE MODELS SHOULD NOT COME IN CONTACT WITH ELECTRICITY OR FOOD OR LIQUIDS AND SHOULD BE KEPT AWAY FROM HEAT.

Use of the AND Inc Website

Copyright and all other proprietary rights in the content of the Website (including but not limited to software, audio, video, text and photographs and excluding all User Generated Content) rests with AND Inc or its licensors. All rights in the content not expressly granted herein are reserved. Except as otherwise provided, the content published on this Website may be reproduced or distributed in unmodified form for personal, non-commercial use only. Any other use of the content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of AND Inc is strictly prohibited. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Our rights include rights to (i) the Service developed and provided by us; and (ii) all software associated with the Service. All copyright and other proprietary notices shall be retained on all reproductions.

This Website may provide links to other websites that are not under the control of AND Inc. AND Inc shall not be responsible in any way for the content of such other websites. AND Inc provides such links only as a convenience to you, and the inclusion of any link to any such websites does not imply endorsement by AND Inc of the content of such websites.

Since the AND Inc Service is a web based service, it might be subject to temporary downtime. From time to time we also update our Website, which will result in the Website not being available for a certain period of time. We will endeavor to ensure that the Website operates reliably and consistently, but we do not warrant that the Website will operate uninterrupted without any faults. We are not responsible for any losses suffered by you as a result of any interruption of the Website, suspension of your access to the Website.

User Generated Content

The term “User Generated Content” when used in this Terms and Conditions shall mean any content uploaded to the Website by you, including but not limited to all uploaded 3D designs, pictures of your 3D objects, pictures of any model, comments on the Website, specifications provided in your order for a CoCreator model, as well as the printed model we create for you based on your User Generated Content. All User Generated Content should not be or contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, pornographic, illegal or unlawful information or be likely to infringe or infringing on any intellectual property rights. Intellectual property rights means copyright, patent, registered design, design right, trademark, trade secret or any other proprietary or industrial right.

AND Inc has no obligation to review the User Generated Content and can in no way be held responsible for the content of the User Generated Content. Opinions expressed in the User Generated Content are not necessarily the opinion of AND Inc.

In order to keep AND Inc and the Website appropriate for a general audience and to cooperate with intellectual property right owners, we implemented our “Content, Notice-Take-Down Policy”.

Except for your 3D designs, which are referenced below, by submitting User Generated Content through the Services or Website, you hereby do and shall grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Generated Content in connection with the Website, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Website or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby do and shall grant each user of the Website and/or the Services a non-exclusive license to access your User Generated Content through the Website and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Generated Content. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

Intellectual Property Rights of 3D Designs

You, as a designer, retain all your intellectual property rights in your 3D design, including without limitation any and derivative works like 3D renders. Except for the rights and licenses specified below, AND Inc shall not use, modify or display your 3D design or derivatives thereof. By uploading your 3D design, you warrant that it is your original creation and not copied from any third party and/or entity. You warrant that your User Generated Content will not infringe the intellectual property rights of third parties. Should your User Generated Content nevertheless be found to be infringing and/or in violation of any law, you will defend AND Inc against third party claims, and be held liable for all (direct and indirect) damages and costs incurred by AND Inc with respect to such claims.

By uploading your 3D design to the Website, you grant AND Inc a non-exclusive, royalty free worldwide transferable license on your design (i) to use it for the manufacturing of your model in order to fulfill your order; and if you so indicate during the upload process:(ii) to display it on the AND Inc Website;(iii) to use and modify it for the manufacturing of your model in order to fulfill the order of any other Website user.

You can change the rights (ii) and (iii) via the model detail page of the 3D design at any time. With regard to such non-published 3D design, in order to protect third party intellectual property right owners who, in such case, may not be able to benefit from our Notice-Take-Down Procedure, we retain the right to review and refuse any order when it, in our own discretion, appears to infringe third party intellectual property rights, or in our discretion the model does not comply with our Content Policy.

By removing your 3D design from the Website you terminate all licenses granted to AND Inc to such 3D design under these Terms and Conditions. AND Inc is however entitled to use your 3D design to fulfill orders of your 3D design that were placed before the removal; and to use your 3D design for promotional purposes, which license shall terminate 6 months after the removal of your 3D design. 3D designs are only used for promotional purposes with your explicit consent.

Note, specific terms in the Co-Creator section: As a customer of a CoCreator model, by providing specifications for a CoCreator model, you grant AND Inc a non-exclusive, royalty free worldwide transferable license to use, copy, modify, display and distribute your specifications, with the right to sublicense, for any purpose.

Please note that any intellectual property right of a CoCreator model created by the AND Inc shop owner with the use of your specifications will vest in the shop owner who created the CoCreator model.

Consent to Use of Personal Data

By using our Services you agree that AND Inc may collect and use personal data about you. Such information collected through this Website shall only be used in accordance with the AND Inc Privacy Policy. For more information please read the AND Inc Privacy Policy.

Limitation of Liability

These Terms and Conditions set out the full extent of our obligations and liabilities in respect of the AND Inc Services. Save as set out below, there are no warranties, conditions or other terms that are binding on us regarding the supply of Services except as expressly stated in these Terms and Conditions. Any warranty, condition or other term arising out of or in connection with the Services or the delivered models which might otherwise be implied into or incorporated into these Terms and Conditions by statute, common law, laws applicable in the country where you ordered the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

AND Inc WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, LOSS OF PROFITS, LOSS OF CONTRACTS, LOSS OF DATA OR FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OF ANY KIND HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, WARRANTY OR OTHERWISE.OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE RECEIVED FROM YOU BY AND Inc FOR THE RELEVANT ORDER.

Nothing in these Terms and Conditions shall limit or exclude our liability (i) for death or personal injury caused by our gross negligence or (ii) for fraud or (iii) any breach of the obligations implied by applicable compulsory national laws as to title or (iv) any liability which cannot be excluded by law.

Applicable Law

These Terms and Conditions shall be governed by the laws of Beijing, China, without regard to the conflicts of law principles thereof that would apply the law of any jurisdiction other than Beijing, China. Any and all disputes arising from these Terms and Conditions, including disputed relating to the validity thereof, and any disputes related to the use of the AND Inc Services or Website or relating to the models ordered and delivered, shall be brought in the state courts located Beijing, China. The United Nations Convention on the International Sale of Goods shall not apply to the AND Inc Services or Website or relating to the models ordered and delivered.

Indemnification

You agree to indemnify and hold AND Inc and its affiliates, distributors, dealers, agents and its and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorneys fees) arising from or relating to any claims that result from your breach of these Terms and Conditions.

Change of the Website, the Services and these Terms and Conditions

AND Inc reserves the right to make changes to the Website, the Services and these Terms and Conditions at any time. Such amended Terms and Conditions shall be effective upon posting on this Website and will have no effect on sales that were completed before such posting. We will make reasonable efforts to post notices regarding any changes to these Terms and Conditions. Please check the Terms and Conditions published on this Website regularly to ensure that you are aware of all terms governing the Website and the Service.

Miscellaneous

These Terms and Conditions, together with the Privacy Policy and any other policies, guidelines, or FAQs posted by AND Inc represents the complete and exclusive agreement relating to the subject matter hereof which supersedes any proposal or prior agreement, oral or written and any other communications between you and AND Inc. No amendment of these Terms and Conditions shall be binding upon AND Inc unless in writing and signed by AND Inc. If any provision is held to be void or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of these Terms and Conditions.

Contact Information

If you have any questions regarding these Terms and Conditions or the Services, you can contact us by sending an email.

SHOULD YOU EXPERIENCE ANY PROBLEMS, PLEASE CONTACT US AND WE WILL DO OUR BEST TO FIX IT AS SOON AS POSSIBLE. SINCE WE ALWAYS WANT TO FURTHER IMPROVE OUR SERVICES, WE WELCOME ALL FEEDBACK. AND Inc MAY CONTACT YOU TO ASK YOU ABOUT YOUR EXPERIENCES.