Terms & conditions

THIS AGREEMENT REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

These Buyer Terms and Conditions (the “Agreement”) govern your (“You” or “Your”) use of Xometry (Shanghai) Technology Co., Ltd.’s (“Xometry”) website (the “Website”). PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE WEBSITE, INCLUDING PLACING AN ORDER WITH XOMETRY FOR MANUFACTURING SERVICES (THE “SERVICES”), CLICKING ON THE “I ACCEPT” BUTTON, AND/OR COMPLETING THE REGISTRATION PROCESS, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH XOMETRY, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR ON BEHALF OF THE ENTITY YOU REPRESENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT ACCESS OR USE THIS WEBSITE OR THE SERVICES.

PLEASE NOTE that Xometry may modify these terms and conditions at any time, and such modifications shall be effective immediately upon posting of the modified version on the Website for orders placed after such modifications have been posted. Xometry will also update the “Last Updated” date at the top of this Agreement. If Xometry makes any material changes, and You have registered with Xometry to create an Account (as defined below), Xometry may also send You an email to the last email address You provided pursuant to this Agreement. Any changes to this Agreement will be effective immediately for new users of the Website and/or Services and will be effective thirty (30) days after posting or providing notice of such changes on the Website for existing users (whichever is earlier). Xometry may require You to provide consent to the updated Agreement in a specified manner before further use of the Website and/or Services is permitted. If You do not agree to any change(s) after receiving a notice of such change(s), You shall stop using the Website and/or Services. Otherwise, Your continued use of the Website and/or Services shall be deemed Your conclusive acceptance of the modified terms and conditions.

Xometry only uses Your information as described in the Privacy Policy. We view protection of users’ privacy as a very important community principle. You represent and warrant to us that any data, information, records and files that You upload, transmit to or enter into the Website will only contain Personal Information, as defined in the Privacy Policy, for which You have provided all necessary notices and disclosures, obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable laws, to enable us to make available the Services.

1. SERVICES

1.1 About the Services

Xometry hosts and maintains an online platform available at the Website that enables Xometry’s buyers to upload their three-dimensional (3D) models for their manufacturing projects. Xometry maintains a vendor manufacturing program consisting of a network of third-party manufacturers (each, a “Partner”) capable of performing manufacturing services in order to offer our buyers greater efficiencies including pricing, certifications and lead times while always striving for excellent quality manufacturing services. When a buyer uploads their Specifications (as defined below) for a manufacturing project, Xometry will either manufacture, or subcontract with one of Xometry’s Partners to have manufactured, the parts, assemblies or items to be delivered pursuant to the buyer’s order (each, a “Part”).

1.2 Responsibilities

When Using the Services. By using the Services, You agree to:

Comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy any export control laws;
Upload and disseminate only content or information that You own all required rights to under law, are authorized to disseminate (and are not subject to any confidentiality obligations), and do so only consistent with applicable law and as permitted by any agreements to which You are bound;
Use reasonable efforts to prevent unauthorized access to or use of the Services;
Monitor and control all activity conducted through Your Account in connection with the Services; and
Promptly notify Xometry if You become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving Your Account, including any loss, theft, or unauthorized disclosure or use of Your

If Xometry has reason to believe that You have failed to comply with the above, Xometry may without notice suspend or terminate Your access to the Services and refuse any and all current or future use of the Services (or any portion thereof).

2. REGISTRATION

In order to use certain Services, You may be required to register for an account (“Account”). In registering for the Services, You agree to (1) provide true, accurate, current and complete information about You as prompted in the Website account details section (“Registration Data”); and (2) maintain and promptly update Your Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under Your Account, and Xometry will not be liable for any loss or damage (of any kind and under any legal theory) to You or any third party arising from Your inability or failure for any reason to comply with the terms herein. You may not share Your Account or password with anyone, and You agree to (a) notify Xometry immediately of any suspected or confirmed unauthorized use of Your password or any other breach of security; and (b) exit from Your Account at the end of each session. If You provide any information that is untrue, inaccurate, not current or incomplete, or Xometry has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Xometry has the right to suspend or terminate Your Account and refuse any and all current or future use of the Website and Service (or any portion thereof).