Terms of service

Terms of Service

Kaizen 3D Prints, LLC
www.kaizen3dprints.com
Effective Date: August 1st, 2023

These Terms of Service (the “Terms”) are a legally binding agreement between you and Kaizen 3D Prints, LLC, an Oregon limited liability company doing business as Kaizen 3D Prints (“Kaizen 3D Prints,” “we,” “us,” or “our”). These Terms govern your access to and use of www.kaizen3dprints.com and any other website or online property that links to these Terms (collectively, the “Site”), as well as your purchase, license, subscription, access to, or use of any Products and Services offered by Kaizen 3D Prints.

PLEASE READ THESE TERMS CAREFULLY. SECTION 26 REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, INCLUDES A CLASS-ACTION AND JURY-TRIAL WAIVER, AND EXPLAINS HOW TO OPT OUT WITHIN 30 DAYS.

By accessing or using the Site; creating an account; placing or accepting an Order; submitting Customer Materials; purchasing, downloading, or using a Product or Service; enrolling in a Subscription; or accepting a License, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree, do not use the Site or purchase, access, or use the affected Product or Service.

These Terms incorporate by reference our Privacy Policy, Shipping Policy, Return and Refund Policy, and any product page, checkout disclosure, plan description, License Schedule, accepted Quote, Order Confirmation, or signed agreement that applies to your transaction. Section 29 explains how conflicts among those documents are resolved.

1. ELIGIBILITY AND AUTHORITY

1.1 Age and Legal Capacity

You must be at least 18 years old or the age of legal majority where you live, whichever is greater, and legally capable of entering into a binding contract to create an Account, place an Order, enroll in a Subscription, submit Customer Materials, or enter into a License or reseller arrangement.

An adult may purchase a Product for a minor. A person under 18 may browse the Site only with the supervision of a parent or legal guardian and may not independently create an Account, submit payment information or Customer Materials, post Public Content, participate in a Community Feature, or enter into a transaction with Kaizen 3D Prints. An adult who permits a minor to possess or use a Product is responsible for appropriate supervision, age suitability, and compliance with all applicable instructions and warnings.

1.2 Organizational Purchases

If you access the Site or obtain a Product or Service for a business, school, camp, club, tournament, government body, nonprofit organization, or other entity, you represent and warrant that you have authority to bind that entity. In that case, “you” includes both you and the entity, and the entity is responsible for your actions and those of its personnel who use the Product or Service.

1.3 Legal Compliance

You may use the Site and Products and Services only for lawful purposes and in accordance with these Terms, all Offer-Specific Terms, and all applicable laws, regulations, sanctions, court orders, and third-party rights.

2. PRODUCTS, SERVICES, AND APPLICABLE TERMS

2.1 Definitions

For these Terms:

  • “Account” means an account or customer profile used to access the Site or a Product or Service.

  • “Commercial License” means an express License permitting specified commercial manufacture or sale of finished physical products based on a Licensed Design.

  • “Commercial Licensee” means an individual or entity that has received and remains eligible to exercise rights under a Commercial License.

  • “Community Feature” means a review area, forum, group, chat, comments area, message function, member portal, gallery, file-sharing area, or similar feature operated by Kaizen 3D Prints or a third-party provider.

  • “Customer Materials” means text, names, photographs, artwork, logos, trademarks, designs, CAD files, STL or 3MF files, drawings, dimensions, measurements, specifications, technical data, production data, and other content or information that you submit privately for an Order or Service.

  • “Digital Product” means any electronically delivered file, model, design, archive, image, document, instruction, software item, video, or other digital content offered by Kaizen 3D Prints.

  • “License” means the limited permission to use a Digital Product, Licensed Design, or other Kaizen 3D Prints or third-party content as expressly stated in these Terms or the applicable Offer-Specific Terms.

  • “License Schedule” means a product page, plan description, Quote, Order Confirmation, or other record identifying the scope, term, territory, fees, quantities, sales channels, attribution, reporting duties, or other conditions of a License.

  • “Licensed Design” means a design, model, file, artwork, or other intellectual property made available under a personal-use, Commercial, reseller, or other License.

  • “Offer-Specific Terms” means terms disclosed for a particular Product or Service through a product page, checkout, plan description, License Schedule, accepted Quote, Order Confirmation, or signed agreement.

  • “Order” means a request to purchase, license, subscribe to, or otherwise obtain a Product or Service.

  • “Order Confirmation” means a record confirming that Kaizen 3D Prints has accepted an Order or describing an accepted Order.

  • “Products and Services” includes the Site; physical goods; customized goods; custom manufacturing and fabrication services; 3D-printing accessories, replacement parts, filaments, materials, tools, consumables, and related goods; Digital Products; Subscriptions and memberships; Community Features; personal-use, Commercial, and reseller Licenses; customer support; and any related offering identified by Kaizen 3D Prints.

  • “Product” or “Service” means an individual item or offering within the Products and Services, as the context requires.

  • “Proof” means any physical sample, prototype, first-article print, test piece, pre-flight report, digital render, slicer preview, CAD output, dimensioned drawing, color sample, or other pre-production representation provided by 3DZOO or approved by you to demonstrate, verify, or confirm the visual appearance, physical geometry, dimensions, tolerances, orientation, layer height, color, finish, material choice, or general specifications of a Product before final manufacturing, fabrication, fulfillment, or delivery.

  • “Public Content” means a review, comment, image, post, message, gallery submission, feedback item, or other content submitted to a public or shared area of the Site or a Community Feature. Customer Materials sent privately for an Order are not Public Content.

  • “Quote” means a written pricing or service proposal issued or accepted by Kaizen 3D Prints for a particular transaction.

  • “Reseller” means an independent person or business that receives an express right either to resell specified finished physical products supplied by Kaizen 3D Prints or, under a Commercial License, to manufacture and sell authorized finished physical products on its own account.

  • “Subscription” means a paid plan, membership, recurring License, continuous service, or other arrangement that renews or continues until canceled, unless expressly described as nonrenewing.

2.2 Application by Transaction Type

Only the provisions relevant to the Product or Service you obtain apply to that transaction. Physical-product provisions govern physical purchases; Digital Product and License provisions govern electronic content; Subscription provisions govern recurring plans; and Commercial License and reseller provisions govern customers who expressly receive those rights. Purchasing one category does not grant rights associated with another.

For physical products, an Order may be retail/end-use or wholesale based on the intended disposition of the products and Kaizen 3D Prints' express acceptance of the Order, not solely on the buyer's identity or quantity ordered.

2.3 Offer-Specific Terms and Special Agreements

Offer-Specific Terms may add to or modify these Terms for a particular transaction. A signed custom or business agreement may also add to or modify these Terms. No employee, contractor, or representative may alter these Terms orally or through an informal message unless that person is authorized by Kaizen 3D Prints and the change is contained in an applicable written agreement.

2.4 Changes to Products and Services

We may add, modify, replace, suspend, or discontinue Products and Services, features, delivery methods, platforms, designs, materials, or availability. Changes will not relieve us of obligations under an already accepted Order, except as permitted by its terms, these Terms, the incorporated policies, or applicable law.

2.5 Ownership of Physical Items and Intellectual Property

When you purchase a physical product, you obtain ownership of that particular physical item after payment and transfer of title under the applicable transaction terms. You do not obtain ownership of the underlying design, Digital Product, source file, software, brand, copyright, trademark, patent, trade secret, production method, or other intellectual property. Digital Products and Licensed Designs are licensed, not sold.

3. ACCOUNTS

3.1 Accurate Information

You must provide accurate, complete, and current information when creating or using an Account, placing an Order, enrolling in a Subscription, requesting tax-exempt treatment, or entering into a License. You must promptly update information that changes, including your email, billing, shipping, and business information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your credentials and for activity occurring through your Account, except to the extent caused by Kaizen 3D Prints' failure to comply with a nonwaivable legal duty. You may not share credentials or permit unauthorized access. Notify us promptly at contact@kaizen3dprints.com if you suspect unauthorized access, loss of credentials, fraud, or a security incident involving your Account.

3.3 Guest Checkout and Third-Party Accounts

These Terms apply even if you purchase without creating an Account. If a Product or Service uses a third-party platform, you may also need an account with that provider and must comply with its terms and privacy practices. Kaizen 3D Prints may restrict or suspend Site or Account access as provided in Section 22.

4. PRODUCT INFORMATION, PRICING, AND AVAILABILITY

4.1 Descriptions and Images

We use reasonable efforts to describe Products and Services accurately. Images, digital proofs, mockups, renders, dimensions, colors, finishes, scale references, and photographs are illustrative and may appear differently because of screen settings, lighting, photography, material batches, manufacturing tolerances, or other variables described in Section 7. A listing creates an express commitment only to the extent applicable law treats its specific factual statements as part of the accepted transaction.

4.2 Prices, Promotions, and Credits

Prices are stated in the currency displayed at checkout or in the applicable Quote and may change before an Order is accepted. Promotions, discount codes, credits, bundles, and limited offers are subject to their disclosed conditions, availability, and expiration. Unless prohibited by law, they may not be combined, transferred, redeemed for cash, or applied retroactively except as expressly stated.

4.3 Availability, Preorders, and Quantity Limits

All offerings are subject to inventory, production capacity, material availability, geographic availability, legal restrictions, and any quantity limits. Samples, prototypes, preorders, and backorders are governed by their Offer-Specific Terms and the Shipping Policy and Return and Refund Policy. We may limit quantities, discontinue an offering, or decline an Order before acceptance. If we cannot fulfill an accepted Order, we will provide the remedy required by the applicable Order, policy, or law.

4.4 Errors and Corrections

We may correct typographical, pricing, inventory, description, configuration, or other errors. If an error materially affects an unaccepted Order, we may reject or correct the Order. If an error materially affects an accepted Order, we may ask you to approve the correction or cancel the affected portion and provide an appropriate refund or other remedy under applicable law. We will not charge a higher price for an accepted Order without your agreement, except for taxes, duties, or charges that law requires and that were properly disclosed as variable.

5. ORDERS AND CONTRACT FORMATION

5.1 Submitting and Accepting Orders

You may submit an Order through the Site, email, telephone, invoice, purchase order, private Quote, or another method authorized by Kaizen 3D Prints. Your submission is an offer to enter into a transaction under these Terms and the applicable Offer-Specific Terms. An automated acknowledgment confirms receipt but does not by itself constitute acceptance.

Unless an accepted Quote or signed agreement states otherwise, Kaizen 3D Prints accepts an Order when we expressly confirm acceptance, capture or charge payment, begin customized work or production, deliver a Digital Product, or ship a physical product, whichever occurs first. We may accept or reject an Order in whole or in part. If we reject an Order after collecting payment, we will refund the rejected amount.

5.2 Verification and Right to Decline

Before acceptance or fulfillment, we may verify identity, authority, payment, billing or shipping information, tax status, customization instructions, Customer Materials, inventory, legal compliance, sanctions status, fraud risk, or technical feasibility. We may request additional information and may decline or cancel an affected Order when information is inaccurate, incomplete, unverifiable, fraudulent, legally restricted, unsafe, technically infeasible, or inconsistent with these Terms.

5.3 Changes and Cancellations

You may request an Order change or cancellation, but we do not guarantee that it can be made after acceptance, proof approval, customization, design work, file preparation, material allocation, procurement, or production has begun. If we accept a change, you are responsible for disclosed additional charges and revised production or delivery estimates. Refund consequences are governed by the Return and Refund Policy, the applicable Offer-Specific Terms, and law.

5.4 Retail/End-Use and Wholesale Orders

Our standard Terms and incorporated policies apply to retail/end-use and wholesale transactions. Products purchased for the buyer's own or organizational use, including bulk purchases for gifts, awards, prizes, events, schools, camps, or internal operations, are ordinarily retail/end-use purchases. An Order is wholesale only when Kaizen 3D Prints expressly offers or accepts it for commercial resale. Quantity alone does not create wholesale status.

A retail/end-use purchase does not provide wholesale status or pricing, dealer or reseller authorization, affiliation or trademark rights, a commitment to future supply, access to Digital Products or source files, or any right to manufacture or reproduce a product. We may decline or cancel before fulfillment an Order we reasonably believe is intended for unapproved commercial resale, subject to the Return and Refund Policy and law.

Nothing in these Terms categorically prohibits the lawful owner of a particular genuine finished physical item from selling or otherwise disposing of that same item where applicable law permits. Disposition of a particular item does not authorize anyone to manufacture additional copies, transfer or resell a licensed Digital Product, use Kaizen 3D Prints branding as an authorized dealer, or claim a continuing wholesale or commercial relationship.

A wholesale purchase permits resale only of the finished physical products manufactured or supplied by Kaizen 3D Prints and included in the accepted wholesale Order. It grants no Digital Product access, reproduction, manufacturing, modification, mold-making, sublicensing, or other intellectual-property rights. Independently manufactured products are governed by Section 12.

We may request reasonable business and resale information to establish or maintain wholesale privileges. A wholesale buyer is responsible for its downstream sales, marketing claims, customer service, taxes, and legal compliance. Wholesale status does not create an agency, employment, partnership, franchise, joint venture, exclusivity, territory, or authority to bind or speak for Kaizen 3D Prints. Nothing transfers an obligation that law imposes directly on Kaizen 3D Prints and does not permit us to disclaim or transfer.

5.5 Purchase Orders and Conflicting Terms

Terms printed or referenced in your purchase order, vendor portal, procurement form, or other unilateral document are rejected and do not modify the agreement unless Kaizen 3D Prints expressly accepts the specific modification in a writing signed by an authorized representative. Electronic approvals, signatures, confirmations, and records may satisfy a writing requirement where permitted by law.

6. CUSTOM, PERSONALIZED, AND CUSTOMER-SPECIFIED MANUFACTURING

6.1 Instructions and Customer Responsibility

You are responsible for reviewing and accurately submitting all names, spelling, capitalization, dates, text, dimensions, quantities, layout, colors, logos, file versions, tolerances, materials, and other specifications. You must respond promptly to requests for clarification or replacement files. If no proof is expressly promised, your submitted instructions and Order Confirmation are final and production may begin after acceptance.

6.2 Proofs, Approval, and Timing

We provide a proof only when the product page, Quote, Order Confirmation, or other written communication says that one will be provided. If a proof is provided, you must review and approve all visible details before production. Approval confirms the spelling, layout, names, dates, logos, colors, dimensions shown, and other visible customization details. A digital proof is an approximation and may not perfectly represent physical size, color, layer lines, surface characteristics, material behavior, or finish.

If you do not respond by a stated deadline, we may place the Order on hold, extend production and delivery estimates, and make reasonable follow-up attempts. We may cancel after continued nonresponse as allowed by the Return and Refund Policy rather than manufacture an unapproved design. A customer-caused approval delay does not make Kaizen 3D Prints responsible for a missed event date or requested delivery date.

A rush fee provides only the priority or service expressly stated. It does not itself guarantee production, shipment, delivery, or arrival by a particular date unless Kaizen 3D Prints expressly makes that written commitment.

6.3 Customer Materials and Rights

You retain whatever ownership rights you lawfully hold in Customer Materials. You represent and warrant that you own or possess all copyright, trademark, patent, publicity, privacy, contractual, confidentiality, and other rights and permissions necessary for Kaizen 3D Prints and its permitted providers to use the Customer Materials as authorized by these Terms. You also represent that the Customer Materials and our authorized use of them will not violate law, a court order, a confidentiality duty, or another person's rights.

To the extent permitted by law, you are responsible for claims and losses arising from Customer Materials submitted without required rights or permissions, as further stated in Section 25.

6.4 Limited Fulfillment License

You grant Kaizen 3D Prints a nonexclusive, worldwide, royalty-free license to access, receive, copy, store, review, format, adapt for production, manufacture from, document, support, and use Customer Materials only as reasonably necessary to evaluate, accept, produce, fulfill, deliver, support, and keep appropriate records of your Order; prevent fraud; maintain security; comply with law; and resolve a claim or dispute. This license includes the limited right to provide necessary materials to production, technology, payment, shipping, professional, and other service providers subject to appropriate use restrictions.

We may make nonsubstantive technical adjustments needed for production, such as positioning, sizing, file conversion, repair of a non-design mesh issue, support preparation, print orientation, or slicing. We will not intentionally make a substantive change to your Customer Materials without approval unless the accepted Order authorizes the change.

This fulfillment license does not authorize unrelated advertising, public portfolio use, or AI-model training. Marketing use of a customized product, Customer Material, customer photograph, logo, name, or testimonial requires separate permission. You may withdraw that marketing permission prospectively, but withdrawal does not require recall or destruction of materials lawfully printed, published, or distributed before withdrawal.

6.5 Manufacturing Specifications and Validation

If you provide CAD, STL, 3MF, drawings, dimensions, tolerances, material requirements, technical data, or intended-use information, you represent and warrant that the information is complete and accurate and that you are authorized to submit it. We may rely on accepted specifications and determine technical feasibility.

Unless an accepted Quote expressly includes engineering, testing, certification, regulatory review, or design-validation services, Kaizen 3D Prints does not independently validate your engineering, regulatory classification, design safety, dimensions, tolerances, or fitness for your intended application. You are responsible for your design and intended use. Kaizen 3D Prints remains responsible for providing the Product or Service promised in the accepted Order and for obligations law does not permit us to disclaim.

6.6 Prohibited or Unsuitable Work

You may not submit material that is unlawful, infringing, fraudulent, defamatory, hateful, threatening, obscene, exploitative, privacy-violating, malicious, or otherwise harmful. Unless Kaizen 3D Prints expressly agrees in writing after an appropriate compliance review, you may not submit weapons, firearm components, export-controlled or regulated technical data, safety-critical designs, or work requiring a license, certification, authorization, or handling process that Kaizen 3D Prints has not agreed to provide.

We may request a replacement, perform a permitted technical conversion, or reject Customer Materials that are corrupted, inaccessible, unsafe, incomplete, incompatible, legally restricted, technically infeasible, or unsuitable for production. We may refuse or cancel the affected Order, with payment consequences governed by the Return and Refund Policy, the accepted Order, and law.

6.7 Ownership of Kaizen 3D Prints Custom Work

Except as expressly stated in an accepted Quote or signed agreement, Kaizen 3D Prints retains all rights in its pre-existing intellectual property, general knowledge and skills, production processes, reusable tools and templates, methods, improvements, and any CAD, model, design, production file, or other deliverable created by or for Kaizen 3D Prints. Payment of a design, setup, prototype, or production fee does not by itself transfer intellectual-property ownership. You receive the finished physical product and only the use or License rights expressly stated in the applicable offer. An accepted Quote or signed agreement may expressly assign specified rights to you.

6.8 Confidentiality of Private Order Files

We will treat private Customer Materials as nonpublic and use or disclose them only for fulfillment, support, security, internal records, legal compliance, or dispute resolution, except with your separate permission. This commitment does not apply to information that is or becomes public without our breach, was lawfully known to us without restriction, is received lawfully from another source without restriction, or is independently developed without use of your confidential Customer Materials.

6.9 Production and Fulfillment Partners

Kaizen 3D Prints may select and change third-party manufacturers, print farms, material suppliers, finishers, and other providers to fulfill a Kaizen 3D Prints customer Order. We will limit shared Customer Materials to what is reasonably necessary and require appropriate confidentiality, use restrictions, and legal compliance. Such a provider is part of our fulfillment chain and is different from an independent Commercial Licensee or Reseller selling on its own account. Use of a provider does not transfer away a nonwaivable obligation imposed on Kaizen 3D Prints as the contracting seller or create a direct contract between you and that provider unless expressly disclosed and agreed.

7. CHARACTERISTICS OF 3D-PRINTED AND VARIABLE PRODUCTS

7.1 Additive-Manufacturing Characteristics

Layer lines, seams, minor support marks, small surface variations, slight asymmetry, infill visibility, color transitions, and other characteristics may be normal results of additive manufacturing rather than defects. Whether a characteristic is acceptable depends on the applicable description, approved proof, stated tolerance, intended function, and any express warranty.

7.2 Color, Finish, and Dimensional Variation

Materials and production runs may vary reasonably in color, shade, translucency, sheen, texture, flexibility, weight, finish, and dimensions. Screen display, photography, lighting, batch changes, humidity, equipment, and process settings may also affect appearance. Reasonable variation does not constitute a defect when the product remains materially consistent with the applicable description, accepted Quote, approved proof, and expressly stated tolerance.

7.3 Made-to-Order and Multiple-Unit Products

Customized, made-to-order, and separately manufactured units may have minor differences from one another. Processing time begins only after all required information, payment, files, and approvals are received. Return and cancellation eligibility may be limited after customization or production begins, as described in the Return and Refund Policy.

7.4 Mystery and Assorted Products

When a listing identifies a product as assorted, random, mystery, surprise, or similar, the color, style, included item, or other identified attribute may vary. You are purchasing the disclosed category and not a particular undisclosed variation unless the Order expressly confirms it.

7.5 Substitutions and Production Changes

We may make a non-material change to a material, component, process, production method, or packaging when the resulting product remains consistent with the listing, accepted Quote, and approved proof. We will obtain your approval before a substitution that materially affects appearance, function, dimensions, compatibility, quality, or intended use.

If law, safety concerns, or unavailability requires a material change and approval is not obtained, we may suspend or cancel the affected Order. Remedies are governed by the Return and Refund Policy and applicable law. We do not reserve a blanket right to replace an item with any allegedly similar or equal-value item without regard to material differences.

8. COMPATIBILITY, INSTALLATION, AND PROPER USE

8.1 Product-Specific Compatibility

Compatibility exists only when expressly identified in a product page, accepted Quote, packaging, or instructions. Before purchase and use, you must verify the equipment or printer model, dimensions, interfaces, mounting or magnetic system, material specifications, firmware, electrical or power requirements, temperatures, operating limits, and other stated technical requirements. A reference to a third-party brand identifies compatibility only and does not imply sponsorship, endorsement, or affiliation.

8.2 Installation and Operation

Follow all Kaizen 3D Prints instructions and the equipment manufacturer's safety, installation, calibration, maintenance, and operating requirements. Products may require setup, calibration, firmware or setting changes, surface preparation, conditioning, drying, storage, cleaning, or another product-specific step. Incorrect installation or use may damage the Product, equipment, workpiece, or surrounding property.

8.3 Performance Variables

Performance may depend on equipment, firmware, settings, materials, preparation, environment, maintenance, and application. We do not guarantee performance across every possible combination. Consumables and wear components have no universal lifespan. Gradual wear, cosmetic marks, adhesion or performance changes, discoloration, and surface degradation from ordinary use are not automatically defects.

8.4 Modification, Misuse, and Inspection

Damage or risk may result from modification, improper installation, incorrect calibration, incompatible equipment or materials, excessive heat, moisture, chemicals, unsuitable adhesives or tools, improper cleaning or storage, ordinary wear, or unintended use. Inspect a Product before and during use and discontinue use if it becomes damaged, insecure, degraded, incompatible, or unsafe. Warranty coverage and exclusions are governed by the Return and Refund Policy and applicable law.

9. DIGITAL PRODUCTS, FILES, AND DELIVERY

9.1 Delivery Methods

Digital Products may be delivered by email, download link, Account, portal, Subscription platform, or third-party service. Email delivery is complete when Kaizen 3D Prints sends the Digital Product, License, access instructions, or download link to the email address you supplied. Delivery does not depend on whether you open the email or download the file.

You are responsible for providing an accurate email address, maintaining sufficient storage, checking spam or filtering settings, and contacting customer service for access support. A customer-side access issue does not by itself make a Digital Product undelivered. If Kaizen 3D Prints supplies an incorrect, corrupted, missing, or nonfunctional file or link, contact us and we will reasonably correct the error we caused. Any refund or replacement right is governed by the Return and Refund Policy and law.

9.2 Included Files and Technical Requirements

The applicable product page, Quote, or License Schedule identifies the files, formats, versions, and material compatibility included in a Digital Product. Digital Products may include 3D models, STL, 3MF, CAD or other design files, ZIP archives, images, documents, instructions, software, or videos. You must review all disclosed printer, slicer, software, hardware, material, dimensional, and other technical requirements before purchase.

9.3 Download Periods and Backups

We do not promise a universal number of downloads, permanent hosting, or perpetual portal access. The applicable offer may identify access periods or download limits. You are responsible for downloading the files within the available period and maintaining secure, non-shared backups permitted by your License. Loss of a local copy does not guarantee a replacement after access ends or the version is discontinued.

9.4 Updates, Support, and Versions

A purchase includes updates, new versions, technical assistance, or continuing support only when the applicable offer expressly says so. We may correct, replace, update, or discontinue a file or version. An update may have different technical requirements and does not expand your License unless expressly stated.

9.5 Digital Cancellations and Remedies

Cancellation, return, refund, and correction rights for Digital Products are governed by the Return and Refund Policy, applicable Offer-Specific Terms, and law. Section 9.1 defines contractual delivery, and Sections 10 and 12 govern the resulting License and any termination of its rights. Nothing in these Terms eliminates a remedy required when a Digital Product materially fails to match its description or cannot be provided because of an error attributable to Kaizen 3D Prints.

10. DIGITAL PRODUCT LICENSES AND PERSONAL USE

10.1 License, Not Sale

Except for ownership of the storage medium or device you provide, Digital Products and Licensed Designs are licensed, not sold. Kaizen 3D Prints and its licensors retain all copyright, patent, trademark, trade-secret, and other rights. No right is granted by implication, estoppel, exhaustion, or otherwise beyond the limited License expressly provided, subject to any nonwaivable rights under law.

10.2 Default Personal-Use License

Unless the applicable offer states different or narrower terms, a one-time purchase identified as personal use grants the individual purchaser a nonexclusive, worldwide, nontransferable, and non-sublicensable License to download and use the Digital Product and to create an unlimited number of finished physical prints solely for the purchaser's personal, noncommercial use and noncommercial gifts.

Household members may use authorized finished physical objects but may not access the Digital Product. A one-time personal License is perpetual unless the transaction is refunded or reversed or the License is terminated for breach. A Subscription-dependent personal License permits new production only while the applicable Subscription and License remain active. When it ends, you may retain previously authorized physical prints, but must stop new production and delete the files unless the applicable offer expressly permits continued retention or use.

10.3 No Commercial or Organizational Use Under a Personal License

Without an express Commercial or other appropriate License, you may not sell, barter, accept tips or reimbursement for, fundraise with, promote with, distribute as a business giveaway, use as an event prize, manufacture at another person's request, or otherwise commercially exploit a physical print. Personal-use rights do not cover a business, school, camp, club, tournament, nonprofit, organization, print farm, marketplace, or paid service unless the applicable offer expressly says otherwise.

10.4 Permanent File Restrictions

You may not, directly or indirectly:

  • copy a Digital Product except for permitted use and secure, non-shared backups;

  • sell, rent, lend, transfer, gift, sublicense, share, publish, distribute, upload, rehost, transmit, or otherwise provide a Digital Product or access credentials to another person;

  • place a Digital Product in a shared drive, repository, marketplace, membership group, group server, file-sharing service, or other location accessible to another person;

  • modify, adapt, translate, remix, merge, extract from, or create or distribute a derivative digital design;

  • remove or alter a copyright, trademark, attribution, rights-management, or ownership notice;

  • circumvent an access control, download control, encryption, watermark, technological restriction, or License-enforcement measure;

  • scan, reverse engineer, mold, cast, trace, photogrammetrically reproduce, or otherwise reconstruct a Licensed Design from a physical item for reproduction; or

  • claim authorship or seek intellectual-property registration covering the Licensed Design or confusingly similar material.

These restrictions continue after expiration or termination. They apply to original and altered versions and to every file format.

10.5 Permitted Technical Production Steps

You may perform only the strictly technical steps necessary to create a physical print authorized by your License, such as slicing, adding supports, changing print orientation, scaling, and making printer-specific toolpath settings. These steps do not authorize creative modification, adaptation, remixing, creation of a derivative design, or distribution of the resulting file.

10.6 Attribution and Third-Party Rights

If the applicable offer requires attribution, you must provide it in the stated form and location. A Licensed Design may be owned by Kaizen 3D Prints or a third-party licensor. You receive no rights broader than Kaizen 3D Prints is authorized to grant. Any material upstream restriction applies to you only when disclosed through the applicable offer, License Schedule, Quote, or agreement before purchase or acceptance.

10.7 Termination

Your License terminates automatically if the purchase is refunded or reversed or if you materially breach the License. Upon termination, you must immediately stop all unauthorized use and, as directed, delete the Digital Product and all copies from devices, systems, shared locations, and backups. Routine immutable backups may remain only until overwritten in the ordinary course, provided they are inaccessible for use and are not restored except for disaster recovery followed by prompt deletion. Termination does not limit remedies for an earlier breach.

11. SUBSCRIPTIONS, MEMBERSHIPS, AND COMMUNITY ACCESS

11.1 Plan Features and Term

A Subscription may include Digital Products, new releases, member pricing, a personal or Commercial License, Community Features, support, or other benefits described in the applicable plan. Plans may be monthly, annual, fixed-term, or another disclosed interval. Benefits, availability, eligibility, and License scope are determined by the plan description in effect when you enroll, as lawfully modified under these Terms.

11.2 Automatic Renewal and Recurring Authorization

Unless a plan is expressly identified as nonrenewing, each Subscription automatically renews at the disclosed billing interval until canceled. Before enrollment, we will disclose the material renewal terms, including the benefits, price, billing frequency, term, cancellation method, minimum commitment, License scope, and any trial conversion. By affirmatively enrolling, you authorize Kaizen 3D Prints and its payment providers to charge the applicable recurring amount, taxes, and disclosed charges to your selected payment method at each renewal until cancellation.

We will provide a retainable acknowledgment of the Subscription terms and cancellation method and any renewal reminders required by law. If applicable law requires additional consent, disclosures, notices, or cancellation methods for you, those requirements apply.

11.3 Price and Material Plan Changes

We may change a Subscription's price, benefits, platform, or other terms prospectively. We will provide advance notice of a material change and an opportunity to cancel when required by law. A price increase will not be charged before the effective date stated in the notice. Continued use after the effective date constitutes acceptance only to the extent permitted by law and after any consent legally required.

If we discontinue a paid plan for reasons other than your breach, we will provide the paid benefits through the current term or an appropriate prorated refund or credit, as required by the applicable offer and law.

11.4 Cancellation and Effect of Cancellation

You may cancel an online Subscription through your Account or another easy online method made available with the plan, with cancellation by email to contact@kaizen3dprints.com available as a backup. A Subscription established by email, private Quote, or custom agreement may be canceled by email unless the agreement provides another equally accessible method. Your cancellation request must identify the Subscription and the account holder.

Cancellation stops the next renewal and ordinarily becomes effective at the end of the current paid billing period. Any refund or credit for the current period is governed by the Return and Refund Policy, applicable Offer-Specific Terms, and law. Benefits and License rights continue through the paid term only while the Account remains in good standing, and then end.

When a Subscription-dependent personal License ends, you must stop making new physical prints and delete the files unless the applicable offer expressly permits retention or continued use. When a Subscription-dependent Commercial License ends, you must comply with the cessation, listing removal, inventory, and deletion requirements in Section 12. Termination for breach, fraud, payment failure, infringement, unauthorized sharing, or misuse may be immediate.

11.5 Trials and Promotions

A trial converts to a paid Subscription only when the conversion, timing, price, billing frequency, and cancellation method were clearly disclosed and you affirmatively consented. You must cancel before the disclosed conversion time to avoid the first paid charge. Unless expressly stated otherwise, one trial is available per person, household, business, payment method, or Account, and we may deny or end a trial obtained through fraud or abuse.

11.6 Account Sharing and Community Conduct

Subscription and membership access is personal to the enrolled individual or limited to the licensed business users expressly permitted by the plan. You may not share credentials, pool access, provide member-only content to a nonmember, or circumvent seat, device, download, or access limits.

Use of a Community Feature is also governed by Sections 17 and 19 and any reasonable community rules displayed for that feature. Community access is a benefit, not a transfer of ownership, and may end when the qualifying Subscription, purchase, membership, or License ends.

11.7 Third-Party Platforms

We may use one or more third-party providers for enrollment, billing, file delivery, messaging, or Community Features and may add, replace, migrate, or discontinue a provider. We do not guarantee permanent access to a particular platform or preservation of platform-specific usernames, posts, messages, features, or history. A provider's terms and privacy practices may also apply. We remain responsible for obligations that law imposes directly on Kaizen 3D Prints.

11.8 Failed Payments

We and our payment providers may retry a failed recurring payment in a reasonable manner. We may suspend benefits, access, or License rights after a payment failure and terminate them if payment is not cured. A plan or provider may disclose a retry schedule or grace period, but these Terms do not promise a universal grace period. You remain responsible for amounts incurred before cancellation or termination, subject to applicable law.

12. COMMERCIAL AND RESELLER LICENSES

12.1 Express Grant and Eligibility

Commercial, manufacturing, and reseller rights arise only through an express paid Commercial License, plan, private Quote, License Schedule, or signed agreement. No commercial, resale, wholesale, exclusivity, or territory right arises by implication from purchasing a Digital Product or physical item.

Unless the applicable License Schedule states otherwise, Kaizen 3D Prints grants an eligible Commercial Licensee a nonexclusive, nontransferable, non-sublicensable, worldwide License, revocable for breach, to use the identified Licensed Design solely to manufacture and sell authorized finished physical products during the active License term. The Licensee must be an adult individual or a valid business in good standing and must remain current on all required fees, reporting, and other obligations. Kaizen 3D Prints may manufacture and sell the same design and may grant Licenses to others.

A Licensee's supervised employees may access a Digital Product only as necessary for authorized production, under confidentiality and access controls, and the Licensee is responsible for their conduct. Independent contractors, third-party print farms, and outsourced manufacturers may not access files or produce under the License without Kaizen 3D Prints' prior written authorization.

12.2 Authorized Physical Production and Sales

Unless the License Schedule imposes a quantity or channel limit, a Commercial Licensee in good standing may produce and sell an unlimited number of authorized finished physical products during the active License term through its own website, physical location, events, direct orders, and third-party marketplaces. The License is worldwide unless the License Schedule states a narrower territory.

Only finished physical products may be sold. The Licensee may not sell or provide a Digital Product, source file, mold, master, template, tool, manufacturing file, or other material that enables another person to reproduce the product. Downstream wholesale to another reseller is prohibited unless the applicable License expressly authorizes it.

12.3 Permanent File and Design Restrictions

The file restrictions in Sections 10.4 and 10.5 apply to every Commercial License. A Licensee may make only the permitted technical production steps necessary for authorized physical manufacture. It may not modify, adapt, remix, create a derivative digital design, share, rehost, sublicense, transfer, publish, reverse engineer, scan, mold, or reconstruct a Licensed Design or provide it to another person.

12.4 Ownership, Marketing, Branding, and Attribution

Kaizen 3D Prints or its licensor retains all rights in the Licensed Design. A Licensee must create its own product photographs and marketing materials unless Kaizen 3D Prints gives written permission to use specified assets. Permission to use marketing assets ends with the License unless otherwise stated.

A Licensee may not use the Kaizen 3D Prints name, logo, trade dress, product images, store identity, or trademarks in a manner that suggests employment, agency, partnership, franchise, sponsorship, certification, endorsement, exclusivity, or authority to speak for Kaizen 3D Prints. It may truthfully identify the design relationship only in the manner permitted by the License Schedule. If attribution is required, the Licensee must display the required statement, such as “Design licensed from Kaizen 3D Prints,” in the specified location.

12.5 Independent Manufacturing and Seller Responsibility

Each Commercial Licensee and independent Reseller exclusively controls and is solely responsible for its own business and manufacturing operations, including its selection of materials, equipment, settings, technical production steps, production methods, quality control, testing, product classification, age grading, warnings, labeling, packaging, pricing, marketing, insurance, distribution, marketplace compliance, legal and regulatory compliance, taxes, customer service, warranties, refunds, incident reporting, and corrective or recall activity.

Kaizen 3D Prints does not prescribe, supervise, inspect, approve, or control those operations. The Licensee must identify itself, not Kaizen 3D Prints, as the manufacturer and seller of independently produced items and may not state or imply that Kaizen 3D Prints manufactured, inspected, tested, certified, approved, or warranted its finished products.

A Licensed Design or Commercial License is not a certification or representation that the Licensee's finished product is safe, merchantable, fit for a particular purpose, or compliant with any law, standard, warning requirement, age classification, or marketplace rule. To the fullest extent permitted by law, the Licensee assumes the risks arising from its operations and finished products. Sections 23 through 25 further address warranties, liability, and indemnification. Nothing purports to prevent a third party or regulator from asserting a claim directly against Kaizen 3D Prints or to eliminate an obligation that law does not permit Kaizen 3D Prints to disclaim, limit, or transfer.

12.6 Independent Business Relationship

The Licensee is an independent business and controls its own operations and retail pricing. It is not Kaizen 3D Prints' employee, agent, partner, franchisee, joint venturer, subcontractor, exclusive licensee, or authorized spokesperson. It may not bind Kaizen 3D Prints or make commitments on our behalf. No License creates an exclusive territory, franchise, fiduciary duty, employment relationship, agency, partnership, joint venture, or subcontracting relationship.

12.7 Term, Fees, and Economic Models

The applicable offer, Quote, License Schedule, or agreement may use a one-time fee, recurring Subscription, fixed term, expressly granted perpetual term, per-unit royalty, minimum guarantee, revenue share, or a disclosed combination. It controls the amount, payment timing, License term, quantity, territory, reporting, and any renewal. No royalty, revenue share, minimum, reporting obligation, or other pricing model applies unless disclosed in the applicable terms.

A Commercial License remains active only for its stated term and while the Licensee remains current on all applicable fees and material obligations. An expressly perpetual Commercial License remains subject to its continuing restrictions and termination for breach.

12.8 Expiration, Cancellation, and No Sell-Off

The default is no post-termination sell-off. An ordinary cancellation of a recurring Commercial License becomes effective at the end of the paid term, and authorized production and sales may continue through that date only while the Licensee remains in good standing. Termination for breach, infringement, unauthorized sharing, nonpayment, fraud, or misuse may be immediate.

When a Commercial License expires or terminates, the Licensee must immediately stop producing, advertising, listing, accepting orders for, selling, wholesaling, gifting, or otherwise distributing licensed products. It must promptly remove listings and cease using Kaizen 3D Prints marketing assets, trademarks, attribution, and licensed-status claims.

Unsold inventory may not be sold, donated, distributed, or used promotionally after termination. It may be retained privately, recycled, or destroyed. An item may be shipped after termination only if it was both completed and sold to the end customer before termination. The Licensee may not begin or complete new production for a pending Order after termination. A completed end-customer sale made before termination remains valid.

Refund treatment of License fees, materials, and unsold inventory is governed by the Return and Refund Policy, the applicable accepted agreement, and law. Any sell-off period or different inventory treatment requires express written approval from Kaizen 3D Prints.

12.9 Records, Reporting, Verification, and Enforcement

A Licensee must keep records reasonably sufficient to demonstrate compliance with License scope, fees, quantities, reporting, attribution, and termination obligations for the period stated in the applicable offer or otherwise reasonably necessary under the License and law. Recurring sales or revenue reports are required only when the selected unit-, royalty-, revenue-, or compliance-based plan requires them.

Upon reasonable notice, Kaizen 3D Prints may request relevant records, a compliance certification, a final sales or inventory report, or a proportionate audit limited to verifying License compliance. We will use reasonable safeguards for confidential business information and will not use verification rights to control the Licensee's manufacturing or business operations. If a review identifies a material underpayment or breach, the Licensee must promptly cure it and reimburse reasonable verification costs to the extent stated in the applicable License and permitted by law.

We may suspend or terminate a License for a violation or a credible legal, regulatory, safety, infringement, fraud, or reputational risk. Upon termination, the Licensee must delete the Licensed Design and related materials from active systems, devices, shared locations, and backups as directed and provide a reasonable written certification of compliance upon request. Routine immutable backups may remain only until overwritten in the ordinary course, must remain inaccessible for use, and may not be restored except for disaster recovery followed by prompt deletion.

13. PAYMENTS, BILLING, AND TAXES

13.1 Payment Authorization

You must provide a valid payment method and authorize Kaizen 3D Prints and its payment providers to charge all amounts shown for your Order, including recurring amounts you separately authorize, applicable taxes, shipping charges, duties collected by us, and other disclosed charges. You represent that you are authorized to use the payment method and that the billing information is accurate.

13.2 Payment Processing

Payments may be processed by Shopify or another third-party provider. The provider may collect and process payment information under its own terms and privacy policy. Use of a provider does not eliminate Kaizen 3D Prints' obligations as the merchant or contracting party where applicable.

13.3 Taxes and Other Charges

Applicable sales, use, value-added, goods-and-services, excise, or similar taxes and charges will be calculated and collected as required by law based on the delivery destination and other relevant transaction circumstances. A buyer requesting resale or another tax-exempt treatment must provide valid documentation acceptable under applicable law. Otherwise, applicable taxes may be charged. Wholesale status alone does not make a transaction tax-exempt.

You are responsible for taxes, duties, customs charges, brokerage fees, permits, and assessments not collected by Kaizen 3D Prints, except where law places that obligation on us.

13.4 Custom, Wholesale, and Business Payment Terms

An accepted Quote or Order may require a deposit, prepayment, milestone or staged billing, invoicing, net payment terms, or disclosed late charges and collection costs. The accepted Quote or Order controls the amounts and schedule. Deposit, cancellation, and refund treatment depends on the stage of performance and the Return and Refund Policy. Late charges and collection costs apply only when disclosed and legally permitted. If Kaizen 3D Prints cannot fulfill an accepted Order, available remedies remain governed by the Order, applicable policies, and law.

13.5 Declines, Fraud, and Chargebacks

We may delay or cancel fulfillment after a declined payment, suspected fraud, unauthorized transaction, billing discrepancy, or material payment default. Before initiating a chargeback, contact us at contact@kaizen3dprints.com and allow a reasonable opportunity to investigate and resolve the issue. Nothing limits your legal right to dispute an unauthorized or improper charge. Knowingly filing a false or abusive chargeback is a material breach.

13.6 Recurring Charges

Recurring charges are governed by Section 11 and the disclosures presented when you enroll. You must cancel through an available cancellation method before the next renewal is processed to stop that renewal, subject to any legally required effective time disclosed with the plan.

14. SHIPPING, DELIVERY, AND RISK OF LOSS

14.1 Incorporated Shipping Policy

Our Shipping Policy, available on the Site, is incorporated into these Terms. It governs processing and transit estimates, carriers, address requirements, shipment tracking, split shipments, delivery attempts, international delivery, missing or damaged shipment procedures, carrier investigations, and related operational matters.

14.2 Estimates and Customer Dependencies

Processing, shipment, and delivery dates are estimates unless Kaizen 3D Prints expressly guarantees a date in writing. An Order is not ready for processing until we receive all required payment, Customer Materials, specifications, approvals, and other information. Customer-caused delays extend estimates. Any legally required delay notice, cancellation option, or refund right remains available.

14.3 Address Accuracy and Delivery Evidence

You are responsible for providing an accurate and complete delivery address and for promptly requesting a change before shipment. We do not guarantee that an address can be changed after fulfillment begins. Delivery records from the carrier, including delivery scans, photographs, signatures, access-point records, or mailroom acceptance, may be used as evidence of delivery but do not eliminate rights provided by law.

14.4 Risk of Loss

For ordinary consumer Orders, risk of loss passes upon documented delivery to the customer-provided address or designated recipient, except where applicable law requires otherwise. Commercial, wholesale, or specially quoted shipments may use a different disclosed shipping term. Title, risk, and insurance obligations for those shipments are governed by the accepted Quote or agreement and applicable law.

14.5 Policy Hierarchy and Remedies

Shipping subjects are governed in this order: a signed custom or business agreement; an express Order-, Quote-, product-, or checkout-specific shipping term; the Shipping Policy; and then these Terms. The Return and Refund Policy governs returns, replacement, repair, credit, refund, and warranty-claim administration, while the Shipping Policy governs shipment procedures and shipping-related claim initiation. A request received through either applicable process will be routed without requiring duplicate notices, and a carrier investigation does not postpone a mandatory remedy or legal deadline. The policy version available when an Order is placed ordinarily governs that Order unless law requires otherwise.

15. RETURN AND REFUND POLICY

15.1 Incorporated Return and Refund Policy

Our separate Return and Refund Policy, available through the Site’s policy links and made available before the applicable purchase or enrollment, is incorporated into these Terms. It governs physical return eligibility and windows, excluded categories, custom-work cancellation charges, Digital Product remedies, Subscription refund eligibility, billing corrections, evidence, inspection, authorization, shipping allocation, refund processing, and warranty-claim administration. Applicable express warranty coverage and duration are stated in any product-specific warranty or accepted offer, subject to law.

15.2 Order Changes and Product Claims

Consult the Return and Refund Policy for Order changes and cancellations, custom and made-to-order work, voluntary returns, and claims involving damaged, defective, incorrect, missing, or materially nonconforming Products. Shipping-related procedures are coordinated with the Shipping Policy under Section 14.5. The Return and Refund Policy contains the applicable operational conditions and remedies.

15.3 Subscriptions and License Rights

The Return and Refund Policy governs monetary remedies for Digital Products, Subscriptions, and Licenses. Sections 9 through 12 of these Terms continue to govern delivery, access, renewal, cancellation effectiveness, the permitted scope of use, termination, file deletion, and inventory restrictions. Cancellation of renewal, a refund request, and termination of a License are distinct actions with the effects stated in those provisions and the applicable Policy.

15.4 Requests and Return Instructions

Use the contact and claim procedures in the Return and Refund Policy for a return, refund, correction, or warranty request. That Policy explains when return authorization is required, the destination and shipping instructions, reasonable evidence and inspection requirements, and treatment of the item while the request is pending.

15.5 Mandatory Rights

Nothing in these Terms or the Return and Refund Policy limits a warranty, return, cancellation, refund, or other consumer right that applicable law does not permit you to waive. The Policy version made available when the applicable Order, purchase, or enrollment occurs ordinarily governs that transaction. Material changes apply prospectively and do not reduce rights attached to an accepted transaction or paid period unless required by law or agreed with you. Continuing Subscriptions also remain subject to Section 11.3.

16. PRODUCT SAFETY AND AGE-APPROPRIATE USE

16.1 General-Use Default and Product-Specific Information

Unless a product page, packaging, instruction, warning, or other written product information expressly states otherwise, Kaizen 3D Prints Products are general-use products selected and purchased by adults and are not designed or intended primarily for children 12 years of age or younger. Product-specific intended uses, age recommendations, restrictions, warnings, and instructions control over this general statement.

Product classification is determined by applicable law and the product's facts, marketing, expected use, and other relevant circumstances. This section does not override a classification, testing, certification, labeling, reporting, or other duty imposed by law.

16.2 Adult Supervision, Small Parts, and Breakage

3D-printed and assembled Products may include detachable pieces, small parts, points, edges, magnets, hardware, or components that can break into smaller or sharper fragments. Unless product-specific information says otherwise, they are not intended for unsupervised use by a child. An adult who provides a Product to a minor must determine age suitability, supervise use, inspect for damage, and follow all product-specific warnings.

16.3 Materials and Environmental Limits

Materials may soften, warp, fade, weaken, crack, delaminate, or otherwise change through heat, flame, sunlight, ultraviolet exposure, moisture, chemicals, impact, stress, or prolonged outdoor exposure. No universal temperature limit or lifespan applies unless stated for the Product.

Unless expressly identified for the relevant use, Products are not dishwasher-, microwave-, oven-, freezer-, or food-contact safe; are not pet chew, feeding, or unsupervised animal products; and are not designed for medical, dental, protective, structural, load-bearing, life-support, automotive-safety, electrical-safety, or other safety-critical applications.

Do not rely on a universal biodegradable, compostable, recycled-content, food-safe, or nontoxic claim. Any such claim applies only when substantiated and expressly stated for the particular material and finished Product.

16.4 Inspection and Discontinued Use

Use a Product only for its stated purpose and environment. Inspect it before and during use. Stop using it if it becomes cracked, loose, deformed, degraded, overheated, insecure, incompatible, or otherwise unsafe. Follow applicable disposal, recycling, care, installation, and maintenance instructions.

16.5 Independently Manufactured Licensed Products

Kaizen 3D Prints does not manufacture, inspect, test, certify, approve, or warrant a finished physical product independently manufactured and sold by a Commercial Licensee or Reseller. The independent manufacturer and seller is responsible for the duties described in Section 12. Product-specific statements made by that seller are not statements by Kaizen 3D Prints unless we expressly adopt them in writing.

17. ACCEPTABLE USE AND PROHIBITED CONDUCT

You may not use the Site, a Product or Service, an Account, a Community Feature, or Kaizen 3D Prints content to:

  • violate law, sanctions, a court order, these Terms, or another person's rights;

  • commit fraud, impersonate another person, submit false information, or misrepresent an affiliation, authorization, endorsement, or product origin;

  • infringe or misappropriate copyright, trademark, patent, trade secret, privacy, publicity, confidentiality, or other rights;

  • upload or transmit malware, harmful code, corrupted data, or content designed to disrupt, damage, surveil, or gain unauthorized access to a system or person;

  • probe, scan, test, defeat, bypass, or interfere with Site security, access controls, rate limits, watermarks, download limits, License controls, or authentication;

  • scrape, crawl, harvest, index, monitor, copy, or extract Site content through an automated means except as expressly authorized in writing or permitted by law;

  • share credentials, member-only materials, Digital Products, Licensed Designs, or restricted content;

  • make or facilitate an unauthorized copy, derivative design, commercial use, reproduction, rehosting, distribution, or sale;

  • submit or request illegal, infringing, harmful, exploitative, hateful, threatening, obscene, deceptive, privacy-violating, export-controlled, weapon-related, or otherwise prohibited content or manufacturing work;

  • burden, disrupt, damage, or interfere with the Site, a provider, another user's experience, or the integrity of a Community Feature;

  • collect, expose, or misuse another person's personal information;

  • manipulate reviews, fabricate engagement, offer undisclosed compensation for a review, or retaliate against a person for an honest review; or

  • help another person engage in prohibited conduct.

We may investigate suspected violations and take proportionate action under Section 22. Nothing in these Terms restricts a review, assessment, or communication protected by applicable consumer-review or whistleblower law.

18. KAIZEN 3D PRINTS INTELLECTUAL PROPERTY

18.1 Site, Brand, and Content Ownership

The Site and its text, graphics, logos, icons, photographs, videos, product presentation, software, code, layout, compilations, Digital Products, Licensed Designs, and other content are owned by Kaizen 3D Prints or its licensors and are protected by intellectual-property and other laws. The Kaizen 3D Prints name, logos, product names, and trade dress are trademarks or source identifiers of Kaizen 3D Prints or their respective owners. Except for an express License, all rights are reserved.

18.2 Limited Site-Use Permission

Subject to these Terms, Kaizen 3D Prints grants you a limited, revocable, nonexclusive, nontransferable permission to access and use the Site for lawful personal shopping or authorized business procurement. You may not reproduce, distribute, publicly display, modify, frame, mirror, sell, exploit, or create a derivative work from Site content except as expressly authorized or permitted by law.

18.3 Designs, Physical Products, and Third-Party Rights

A physical-product purchase transfers only the particular physical item and does not transfer the underlying design, Digital Product, reproduction right, trademark, or Commercial License. Physical ownership does not authorize scanning, copying, reverse engineering, mold-making, casting, tracing, photogrammetry, or reproduction of the design.

A design may be owned by Kaizen 3D Prints or properly licensed from a third party. You receive no rights broader than Kaizen 3D Prints is authorized to grant. A material third-party attribution, quantity, territory, channel, or other restriction binds you only when disclosed before purchase or acceptance through the product page, License Schedule, Quote, or agreement.

We may remove an offering, disable future downloads, or suspend prospective access if ownership or rights are credibly challenged. We will preserve already granted rights except where continued access or use must lawfully cease or the License permits termination. Any customer remedy is governed by the Return and Refund Policy and law.

18.4 Feedback

If you voluntarily provide an idea, suggestion, or feedback about Kaizen 3D Prints or its Products and Services outside a separately agreed confidential or paid engagement, you grant Kaizen 3D Prints a perpetual, irrevocable, worldwide, nonexclusive, sublicensable, transferable, royalty-free right to use, reproduce, modify, develop, commercialize, and otherwise exploit the feedback without restriction or compensation. This provision does not apply to private Customer Materials submitted for fulfillment.

18.5 Intellectual-Property Complaints

If you believe content available through a Kaizen 3D Prints-operated service infringes your intellectual property, send a written notice to contact@kaizen3dprints.com with the subject “Intellectual Property Notice” or mail it to the address in Section 30. Include:

  • your physical or electronic signature;

  • identification of the copyrighted work, trademark, or other right claimed to be infringed;

  • identification and location of the material at issue, with enough information for us to locate it;

  • your name, address, telephone number, and email address;

  • a statement that you have a good-faith belief the disputed use is not authorized by the owner, its agent, or law; and

  • for a copyright notice, a statement under penalty of perjury that the information is accurate and that you are the owner or authorized to act for the owner.

We may request additional information, remove or restrict material, notify the submitting user, restore material when appropriate, or terminate repeat infringers in appropriate circumstances. Knowingly making a material misrepresentation in a notice or response may create liability. If Kaizen 3D Prints later designates a statutory copyright agent, the current agent information will be posted on the Site and filed as required.

19. REVIEWS, COMMUNITY CONTENT, AND PUBLIC SUBMISSIONS

19.1 Scope and Eligibility

Only an adult who satisfies Section 1 may independently submit Public Content or participate in a Community Feature. Public Content includes reviews, comments, photographs, posts, messages, galleries, feedback, and other material submitted to an area visible or shared with other users.

19.2 Ownership and Operational License

You retain whatever ownership rights you lawfully hold in Public Content. By submitting it, you grant Kaizen 3D Prints a nonexclusive, worldwide, royalty-free License, sublicensable only as reasonably necessary to our technical, moderation, and community providers, to host, store, reproduce, format, adapt for technical display, transmit, display, moderate, and distribute the Public Content for operating, securing, supporting, and preserving the applicable feature.

This License may continue after deletion or Account termination only as reasonably necessary for backups, security, legal compliance, dispute records, previously shared discussions, or conversational integrity. It does not automatically authorize unrelated advertising or external promotional use. We will obtain any separate permission required before using a customer photograph, logo, testimonial, customized product, or other submission in outside marketing.

19.3 Your Assurances

You represent and warrant that you own or have all rights and permissions necessary for the Public Content and the License above; that it is accurate to the extent it states facts about your experience; and that it does not violate law, another person's rights, or these Terms. Do not submit confidential information, personal information about another person without authority, infringing material, malicious code, or prohibited content described in Section 17.

19.4 Honest Reviews

You may provide an honest review, assessment, or other communication about Kaizen 3D Prints' Products, Services, or conduct. We do not require you to transfer ownership of a review or waive a right protected by applicable consumer-review law. We may moderate content for reasons unrelated to viewpoint, including illegality, infringement, harassment, threats, obscenity, privacy violations, confidential information, fraud, undisclosed conflicts, spam, irrelevance, duplicate content, manipulation, or technical security.

19.5 Moderation and Enforcement

Kaizen 3D Prints may, but is not required to, monitor, screen, investigate, preserve, remove, restrict, or disclose Public Content and may warn, suspend, or terminate a user, subject to law. Public Content reflects the submitting user and is not endorsed, verified, or guaranteed by Kaizen 3D Prints. Moderation does not make Kaizen 3D Prints the author or sponsor of user content.

19.6 Public and Third-Party Nature

Public Content is not a confidential communication to Kaizen 3D Prints. Other users may view, copy, respond to, or misuse content despite these Terms, so do not post information you do not want shared. A third-party platform's terms and privacy practices may also apply. Data handling is further described in the Privacy Policy.

20. THIRD-PARTY SERVICES, PLATFORMS, AND LINKS

The Site and Products and Services may use or link to third-party websites, marketplaces, payment processors, carriers, Subscription platforms, Community Features, software, plugins, or services. A link or integration does not necessarily constitute endorsement, sponsorship, or control.

Third-party services are governed by their own terms, availability, functionality, security, and privacy practices. To the extent permitted by law, Kaizen 3D Prints is not responsible for a third party's independent acts, omissions, content, service changes, outages, or data practices. This provision does not disclaim responsibility for Kaizen 3D Prints' own selection, instructions, representations, data handling, or other duties that law places on us.

You are responsible for reviewing third-party terms before using the service. We may add, replace, migrate, or discontinue a provider without revising these Terms, subject to obligations for an accepted Order or paid term and applicable law.

21. PRIVACY AND ELECTRONIC COMMUNICATIONS

21.1 Privacy Policy

Our Privacy Policy, available on the Site, describes how Kaizen 3D Prints collects, uses, discloses, retains, and otherwise processes personal information. It is incorporated into these Terms. If these Terms and the Privacy Policy conflict solely concerning personal-information practices, the Privacy Policy controls, subject to applicable law.

21.2 Transactional and Relationship Communications

You agree that we may send communications reasonably necessary to administer an Order, Account, payment, Subscription, License, support request, shipment, security matter, safety notice, recall, dispute, or policy update through email, Account notice, Site notice, telephone, mail, or another contact method you provide, where permitted by law. These are transactional or relationship communications, not marketing merely because they contain information about your existing relationship.

Opting out of marketing does not prevent communications needed to administer an active transaction, Account, Subscription, License, legal notice, or safety matter.

21.3 Marketing Email

We may send marketing email as permitted by law. Marketing messages will use accurate sender and subject information, identify Kaizen 3D Prints as required, include a valid business address, and provide a functional unsubscribe method. We will process an unsubscribe within the period required by law. You remain responsible for separately adjusting preferences with a third-party platform when that platform controls its own communications.

21.4 Promotional Text and Mobile Messages

We will not treat acceptance of these Terms as consent to receive recurring promotional text messages. If we offer an SMS or similar mobile program, enrollment requires separate affirmative consent satisfying applicable law, and consent is not a condition of purchase. The enrollment disclosure will identify the program purpose, expected or variable frequency, potential message and data rates, opt-out method, and support method.

You may withdraw consent by replying STOP or using another legally recognized reasonable method. You may request help by replying HELP or using the support method disclosed with the program. You represent that you are authorized to use the number you provide and must notify us if it is reassigned. We may add, replace, or discontinue a messaging provider or program.

21.5 Electronic Records and Signatures

To the extent permitted by law, you agree to use electronic contracts, signatures, disclosures, approvals, confirmations, notices, and records in connection with the Site and Products and Services. An electronic record or signature will not be denied effect solely because it is electronic. You may retain these Terms and transaction records by printing or saving them.

You must maintain a current email address and other Account contact information. If law requires a nonelectronic delivery method or separate consent to electronic delivery, we will comply with that requirement.

22. SUSPENSION, REFUSAL OF SERVICE, AND TERMINATION

22.1 Protective and Enforcement Actions

To the extent permitted by law, Kaizen 3D Prints may refuse an unaccepted Order or restrict, suspend, or terminate an Account, Subscription, Community Feature, download, License, or other access when reasonably necessary to address:

  • fraud, chargeback abuse, payment default, or inaccurate information;

  • unlawful conduct, sanctions, restricted-party status, or a governmental request;

  • infringement, unauthorized sharing, copying, rehosting, modification, distribution, or commercial use;

  • threats to security, safety, privacy, another person, the Site, or a provider;

  • harassment, exploitation, harmful content, manipulation, or material disruption;

  • a material breach of these Terms or Offer-Specific Terms; or

  • a credible legal, regulatory, product-safety, reputational, or operational risk.

We may investigate and request information before acting but are not required to provide advance notice when immediate action is reasonably necessary. Where appropriate, we may give notice and an opportunity to cure.

22.2 Effect on Accepted Orders and Paid Access

Suspension or termination does not permit Kaizen 3D Prints to retain payment for an unprovided Product or Service when applicable law, an accepted Order, or the Return and Refund Policy requires a refund or other remedy. If we discontinue paid access without your breach, we will provide the remaining paid access or an appropriate prorated remedy as required by Section 11, the applicable offer, and law.

22.3 Effect on Licenses and Content

Termination of an Account does not automatically expand, transfer, or preserve a License. Personal and Commercial License termination is governed by Sections 10 through 12. We may remove or preserve Public Content as stated in Section 19. You remain responsible for obligations and amounts accrued before termination.

22.4 Survival

Provisions that by their nature should survive continue after termination, including provisions concerning ownership, Customer Materials and Public Content licenses to the extent stated, payment obligations, permanent file restrictions, License enforcement, disclaimers, limitations of liability, indemnification, dispute resolution, and general interpretation.

23. DISCLAIMER OF WARRANTIES

23.1 Express Warranties and Mandatory Rights

The Return and Refund Policy governs warranty-claim administration. Any express product warranty, its coverage and duration, and its warrantor are identified in the applicable product-specific warranty or accepted offer, subject to law. The Policy does not establish a uniform additional warranty period across all offerings. No oral statement creates or expands a warranty unless applicable law provides otherwise. Nothing in this Section disclaims an express warranty or an implied or statutory warranty that applicable law does not permit us to disclaim, including where an applicable written consumer warranty or service contract prevents an implied-warranty disclaimer.

23.2 Site, Digital Services, and Community Features

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, ACCOUNTS, COMMUNITY FEATURES, DIGITAL DELIVERY SYSTEMS, AND OTHER ONLINE OR DIGITAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” KAIZEN 3D PRINTS DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THOSE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

We do not warrant that the Site or a digital service will be uninterrupted, error-free, secure, free from harmful components, compatible with every device or system, or permanently available. We do not warrant that Public Content is accurate or that a third-party platform will preserve a feature, file, message, username, or history.

23.3 Digital Products and Licensed Designs

Except for specific factual commitments in the applicable offer and rights that cannot be waived, Digital Products and Licensed Designs are provided without a guarantee that they will work with every printer, slicer, software version, machine, material, setting, operating system, or intended use. You are responsible for disclosed compatibility requirements, settings, technical skill, permitted backups, and appropriate testing.

A Licensed Design is not an engineering approval, product-safety certification, regulatory determination, or warranty concerning an independently manufactured finished product.

23.4 Physical Products and Business Transactions

Physical-product warranties and remedies are governed by the Return and Refund Policy, the accepted Order, product-specific disclosures, and applicable law. For nonconsumer, Commercial License, reseller, wholesale, and other business transactions, TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT FOR AN EXPRESS WRITTEN WARRANTY FROM KAIZEN 3D PRINTS, KAIZEN 3D PRINTS DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

For a consumer transaction, a disclaimer applies only to the extent it was presented in the manner required by applicable law and is legally effective. Some jurisdictions do not allow certain warranty exclusions, so some or all of this Section may not apply to you.

24. LIMITATION OF LIABILITY

24.1 Excluded Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, KAIZEN 3D PRINTS AND ITS OWNERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE “KAIZEN 3D PRINTS PARTIES”) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; COST OF SUBSTITUTE SERVICES; OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE SITE, PRODUCTS AND SERVICES, THESE TERMS, OR A TRANSACTION, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

24.2 Aggregate Liability Cap

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE KAIZEN 3D PRINTS PARTIES ARISING OUT OF OR RELATING TO A PARTICULAR PRODUCT, SERVICE, LICENSE, SUBSCRIPTION, ORDER, OR EVENT WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO KAIZEN 3D PRINTS FOR THE AFFECTED PRODUCT OR SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) US$100.

For a claim involving a one-time physical Product, the relevant amount is ordinarily the amount paid for that Product. For a recurring Product or Service, the relevant amount is the amount paid for it during the preceding 12 months.

24.3 Exceptions

The exclusions and cap do not apply to the extent prohibited by law, including where applicable to liability for fraud, willful misconduct, gross negligence, death or personal injury, a defective consumer product, violation of a nonwaivable statutory right, or another category that cannot lawfully be excluded or limited. They also do not limit your payment obligations or liability for your infringement, unauthorized distribution of Digital Products, breach of a Commercial License, independently manufactured reseller products, or indemnification obligations to the extent those obligations may lawfully exceed the cap.

24.4 Allocation of Risk

The limitations in this Section are an essential allocation of risk and apply regardless of the theory of liability and even if a limited remedy fails of its essential purpose, except where law requires otherwise. Some jurisdictions do not allow exclusion of certain damages or limitations of liability, so some or all of this Section may not apply to you.

25. INDEMNIFICATION

25.1 Your Indemnity

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless the Kaizen 3D Prints Parties from third-party claims, proceedings, losses, liabilities, damages, judgments, penalties, fines, costs, and reasonable attorneys' fees arising out of or relating to:

  • Customer Materials or Public Content you submit, including an allegation that they infringe, misappropriate, or violate another person's rights;

  • your unlawful, fraudulent, willful, or materially negligent conduct;

  • your material breach of these Terms, an Offer-Specific Term, or a License;

  • unauthorized access, sharing, reproduction, modification, distribution, rehosting, sale, or commercial use of a Digital Product or Licensed Design;

  • your violation of an export-control, sanctions, privacy, safety, tax, labeling, consumer-protection, marketplace, or other legal obligation; or

  • a product that you or your business independently manufactures, markets, distributes, or sells, including its design implementation, materials, production, quality, classification, warnings, labeling, packaging, advertising, warranties, customer service, incidents, or recalls.

25.2 Claim Procedure

We will provide reasonably prompt notice of an indemnified claim, subject to any prejudice caused by delay. We may control the defense and settlement with counsel of our choice, and you will reasonably cooperate. You may participate with your own counsel at your expense. You may not settle a claim in a way that admits wrongdoing by, imposes a nonmonetary obligation on, or fails to fully release a Kaizen 3D Prints Party without our written consent.

25.3 Legal Limits

This Section does not require a consumer to indemnify a Kaizen 3D Prints Party for that party's own negligence, willful misconduct, violation of law, or another matter that cannot lawfully be shifted. If applicable law limits an indemnity, it applies only to the maximum lawful extent.

26. GOVERNING LAW AND DISPUTE RESOLUTION

26.1 Important Notice

THIS SECTION AFFECTS YOUR LEGAL RIGHTS. EXCEPT FOR THE LIMITED EXCEPTIONS BELOW OR IF YOU TIMELY OPT OUT, YOU AND KAIZEN 3D PRINTS AGREE TO RESOLVE DISPUTES THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT. ARBITRATION DOES NOT USE A JUDGE OR JURY, COURT REVIEW IS LIMITED, AND CLASS OR REPRESENTATIVE PROCEEDINGS ARE WAIVED TO THE EXTENT PERMITTED BY LAW.

26.2 Required Informal Dispute Process

Before either party files an arbitration or lawsuit, the complaining party must send an individualized written Notice of Dispute and allow 30 days for a good-faith effort to resolve the matter. A notice to Kaizen 3D Prints must be emailed to contact@kaizen3dprints.com with the subject “Notice of Dispute” or mailed to the legal-notice address in Section 30. A notice to you may be sent to the email or mailing address associated with your Account or transaction.

The Notice of Dispute must include the claimant's full name and contact information; the Account, Order, Product, Service, or License involved; a description of the facts and legal basis; the relief requested and a good-faith calculation of any monetary demand; and the claimant's personal signature. On request, the parties will participate in an individualized telephone or videoconference settlement conference. A represented party may participate through counsel but must also personally attend unless the parties agree otherwise.

The parties may begin arbitration or an authorized court action only after the 30-day period ends without resolution. Applicable limitation periods and filing-fee deadlines are tolled during that period. A court or arbitrator may enforce this condition precedent and may enjoin or dismiss a filing made without substantial compliance, except where immediate temporary relief is reasonably necessary to prevent imminent intellectual-property, security, privacy, or safety harm.

26.3 Mutual Agreement to Individual Arbitration

Except for the matters listed in Section 26.4 and unless you timely opt out under Section 26.8, you and Kaizen 3D Prints agree that every dispute, claim, or controversy arising out of or relating to the Site, a Product or Service, these Terms, an Order, a License, a Subscription, a communication, or the relationship between you and Kaizen 3D Prints will be resolved by final and binding arbitration administered by JAMS on an individual basis.

This agreement is mutually binding. If you must arbitrate a claim, Kaizen 3D Prints must arbitrate its claim of the same type. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement. The arbitrator may award any individual remedy available under applicable law and will issue a reasoned written decision when required by the applicable rules or requested by a party.

Except as provided in Sections 26.6 and 26.9, the arbitrator will decide issues concerning the interpretation, scope, or enforceability of this arbitration agreement. A court will decide whether an arbitration agreement was formed, whether a party validly opted out, and the enforceability of the class-action waiver or Mass Arbitration provisions.

26.4 Exceptions to Arbitration

Either party may:

  • bring an eligible individual claim in small-claims court, so long as it remains individual and within that court's jurisdiction;

  • seek temporary or preliminary court relief reasonably necessary to prevent actual or threatened infringement, unauthorized access or distribution, data-security harm, misuse of confidential information, or imminent safety harm, without waiving arbitration of the underlying merits; or

  • pursue a claim or remedy in court when applicable law prohibits requiring it to be arbitrated.

If applicable law prohibits arbitration of a request for public injunctive relief, that request may proceed in court only after the arbitrator resolves arbitrable claims for individual relief, unless law requires a different sequence. A government agency may investigate or enforce the law within its authority.

26.5 JAMS Rules, Fees, Location, and Procedure

The arbitration will be governed by the JAMS rules applicable to the dispute and in effect when the demand is filed, as modified by this Section.

For a consumer dispute, the JAMS Consumer Arbitration Minimum Standards and applicable consumer rules will apply. A consumer will not be required to pay more in arbitration fees than the amount required by those Minimum Standards, and Kaizen 3D Prints will pay the remaining JAMS case-management and arbitrator fees required of the company. The consumer's access to arbitration will not be precluded by location. The hearing may occur remotely or at another reasonably convenient location consistent with the Minimum Standards.

For a business, wholesale, Commercial License, or reseller dispute that is not a consumer matter, the applicable JAMS Comprehensive or Streamlined Arbitration Rules will apply as determined under those rules or agreed by the parties. Unless conducted remotely or otherwise agreed, the hearing location will be Portland, Oregon.

The matter will be heard by one neutral arbitrator unless the applicable rules require otherwise. Discovery will be proportionate to the needs of the individual dispute. The arbitrator may award the same individual damages and other remedies that a court could award under applicable law, but may not award relief for or against anyone who is not a party to the individual arbitration. Judgment on the award may be entered in any court with jurisdiction.

26.6 Individual Proceedings; Class, Jury, and Representative Waivers

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND KAIZEN 3D PRINTS EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, REPRESENTATIVE, PRIVATE-ATTORNEY-GENERAL, OR OTHER NON-INDIVIDUAL PROCEEDING.

The arbitrator may not consolidate different persons' claims or preside over a class, collective, representative, or private-attorney-general proceeding except to the extent applicable law makes a particular waiver unenforceable. This provision does not prevent participation in a settlement that applies to a group after the dispute arises.

26.7 Mass Arbitration

If the demands satisfy the definition of a Mass Arbitration under the JAMS Mass Arbitration Procedures and Guidelines in effect when the first demands are filed, those Procedures and Guidelines apply and supplement the otherwise applicable JAMS rules. Each claimant must have substantially complied with the individualized Notice of Dispute process in Section 26.2 and must submit a complete individual demand and the information required by JAMS.

The JAMS Process Administrator may decide preliminary and administrative issues, including filing requirements, conditions precedent, inclusion of demands, applicable rules, scheduling, fees, and procedures, as authorized by the Mass Arbitration Procedures. Each claim remains an individual claim; use of common administrative procedures does not create a class or consolidated arbitration. The parties will cooperate in good faith with JAMS to achieve a fair and efficient process consistent with individual adjudication and the JAMS Consumer Minimum Standards where applicable.

26.8 Thirty-Day Right to Opt Out

You may opt out of the arbitration agreement and the waivers in Sections 26.3 through 26.7 by sending a notice within 30 days after the date you first agree to these Terms. The notice must include your full name, mailing address, Account or transaction email, and an unambiguous statement that you opt out of arbitration with Kaizen 3D Prints. You must personally sign the notice.

Send the notice by email to contact@kaizen3dprints.com with the subject “Arbitration Opt-Out” or by mail to:

Kaizen 3D Prints, LLC
Attn: Arbitration Opt-Out
8160 SW Garden Home Rd
Portland, OR 97223
United States

An opt-out applies only to the individual who timely submits it and does not affect any other provision of these Terms. If you timely opt out, neither party is required to arbitrate disputes with the other under these Terms.

26.9 Governing Law, Court Venue, and Severability

Oregon law governs these Terms and the underlying dispute, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the arbitration provisions and nonwaivable consumer protections remain applicable. To the extent legally permitted, the United Nations Convention on Contracts for the International Sale of Goods does not apply to a covered international business transaction.

Any court proceeding permitted by this Section must be brought in the state or federal courts located in Portland, Oregon, and each party consents to their personal jurisdiction and venue, except where a consumer has a nonwaivable right to another forum. Proceedings to compel arbitration or enforce, modify, or vacate an award may be brought in any court with jurisdiction as allowed by law.

If a portion of this Section is unenforceable, it will be severed or narrowed to the minimum extent necessary and the remainder will continue. If the class or representative waiver is finally held unenforceable as to a particular claim or request for relief, that claim or request will proceed in court, and any enforceable individual claims will be arbitrated first unless law requires otherwise. If JAMS is unavailable and the parties cannot agree on a substitute, a court may appoint an arbitrator under applicable law; however, a substitute must apply the consumer protections required by this Section.

27. INTERNATIONAL USE, EXPORT CONTROLS, AND SANCTIONS

27.1 Availability by Territory

Kaizen 3D Prints may offer Products and Services internationally but does not promise availability in every country. Physical delivery is available only to destinations enabled at checkout or approved in a Quote. Digital Products, Subscriptions, and personal Licenses are available only where legally and technically offered. A Commercial License applies only in the territory stated in the License Schedule or, if none is stated, under the worldwide default in Section 12.

27.2 Export Controls and Sanctions

You must comply with applicable export-control, import, trade-sanctions, anti-boycott, and restricted-party laws. You may not obtain, export, reexport, transfer, provide, or use a Product, Digital Product, technology, or technical data in violation of those laws or for a prohibited end use or person.

You may not submit export-controlled or regulated technical data unless Kaizen 3D Prints has expressly agreed in writing that it can lawfully receive and process it. We may screen transactions and refuse, suspend, or cancel access or fulfillment when reasonably necessary for compliance.

27.3 Local Requirements

International customers and independent Resellers are responsible for determining and complying with local import, product, labeling, age-grading, tax, registration, business, and use requirements, except for duties law places directly on Kaizen 3D Prints. Availability of a Product or Service does not represent that it is lawful or suitable in every location. Nonwaivable consumer protections remain unaffected.

28. FORCE MAJEURE

Neither party is liable for delay or failure to perform a nonpayment obligation to the extent caused by an event beyond its reasonable control, including a natural disaster, severe weather, fire, flood, epidemic, pandemic, war, terrorism, civil disorder, government action, embargo, sanctions change, labor disruption, carrier interruption, material shortage, equipment failure, utility outage, cyberattack, internet or platform outage, or supplier failure, provided the affected party uses reasonable efforts to mitigate and resume performance.

This Section does not excuse payment already due, confidentiality or intellectual-property restrictions, or an obligation that applicable law does not permit to be excused. If a force-majeure event materially delays or prevents an accepted consumer Order, Kaizen 3D Prints will provide any notice, cancellation option, refund, or other remedy required by the Order, incorporated policies, or law.

29. GENERAL PROVISIONS

29.1 Changes to These Terms

We may revise these Terms prospectively. The revised Terms will identify an updated effective date and will be posted on the Site. We will provide additional notice or obtain consent when required by law. A change does not retroactively reduce rights attached to an already accepted Order or completed one-time License unless required by law or agreed with you.

Your continued use after the effective date of revised Terms constitutes acceptance only to the extent permitted by law. A material change to an active Subscription or other continuing service is also governed by Section 11.3.

29.2 Order of Precedence

If documents conflict concerning a particular subject, the following order applies unless law requires otherwise:

  1. a signed custom or business agreement;

  2. express Offer-Specific Terms in an accepted Quote, License Schedule, product or plan description, checkout disclosure, or Order Confirmation;

  3. the incorporated subject-specific policy for that subject, including the Shipping Policy, Return and Refund Policy, or Privacy Policy; and

  4. these general Terms.

A more specific term controls a general term only for the subject and transaction it addresses. Purchase-order boilerplate and other unilateral customer terms are excluded unless expressly accepted as stated in Section 5.5.

29.3 Entire Agreement and Amendments

These Terms and the incorporated documents constitute the entire agreement concerning their subject matter and supersede prior or contemporaneous discussions and representations about that subject. An amendment must be made through a method authorized by these Terms or in a writing signed by an authorized Kaizen 3D Prints representative and the affected party.

29.4 Assignment

You may not assign or transfer these Terms, an Account, Order, Subscription, or License without Kaizen 3D Prints' prior written consent. Any prohibited assignment is void to the extent permitted by law. Kaizen 3D Prints may assign these Terms in connection with a merger, reorganization, financing, change of control, sale of equity, or transfer of all or substantially all assets or the relevant business, provided the assignment does not eliminate nonwaivable rights.

29.5 Severability and Reformation

Except as specifically provided in Section 26, if a provision is held unlawful, invalid, or unenforceable, it will be enforced to the maximum lawful extent or narrowed as necessary, and the remaining provisions will continue in effect.

29.6 No Waiver

A failure or delay in enforcing a provision is not a waiver. A waiver must be express and applies only to the specific instance for which it is given.

29.7 Survival

Terms that by their nature should survive an Order, Account closure, expiration, cancellation, or termination will survive, including payment obligations, ownership, permanent License restrictions, confidentiality, records and audits, disclaimers, limitations of liability, indemnification, dispute resolution, and general provisions.

29.8 No Third-Party Beneficiaries

Except for the Kaizen 3D Prints Parties entitled to protection under Sections 24 and 25 and a licensor whose rights are expressly protected, these Terms do not create enforcement rights for a third party.

29.9 Relationship of the Parties

Except for an agency relationship expressly created in a signed writing, the parties are independent contracting parties. These Terms do not create an employment, agency, partnership, joint venture, franchise, fiduciary, or exclusive relationship.

29.10 Headings, Interpretation, and Copies

Headings are for convenience and do not limit substantive terms. “Including” means “including without limitation.” The singular includes the plural where context requires. Electronic copies and records may be used as originals to the extent permitted by law.

30. CONTACT INFORMATION AND LEGAL NOTICES

30.1 Customer Support

For ordinary questions, Order support, access assistance, returns, or account matters, contact:

Kaizen 3D Prints, LLC
Email: contact@kaizen3dprints.com
Website: www.kaizen3dprints.com

30.2 Mailing and Legal-Notice Address

Kaizen 3D Prints, LLC
8160 SW Garden Home Rd
Portland, OR 97223
United States

30.3 Special Notice Subjects

To help us route a formal notice, use the following email subject when applicable:

  • Notice of Dispute for the informal dispute process in Section 26.2;

  • Arbitration Opt-Out for an opt-out under Section 26.8; or

  • Intellectual Property Notice for a complaint under Section 18.5.

Sending an ordinary customer-service message does not substitute for a formal notice when these Terms or law requires specified content or delivery.

30.4 Notices to You

We may send a notice to the email or mailing address associated with your Account or transaction, through an Account or platform notice, or by posting on the Site, as appropriate for the notice and permitted by law. You are responsible for keeping contact information current. A legally required notice will be delivered in the manner and at the time required by applicable law.