“we” or “us”) and you. By creating an account with Launchpad (an “Account”), or by placing an order
with Launchpad for manufacturing services (the “Services”), you agree to be bound by this Agreement.
Launchpad also offers a partner manufacturing program consisting of a network of third party
manufacturers capable of performing manufacturing services on Launchpad’s behalf (“Partners”).
Customers and Partners (collectively referred to as “You”) may interact with Launchpad and provide us
information through our software plug-ins, our online platform at www.launchpad.build (and all
associated subdomains) (the “Website”), or by speaking with our employees and other representatives
explain to you our privacy practices regarding the information we gather from you when you visit
Website and utilize the Services.
data through your use of the Website and our Services for our own purposes (i.e., where we are the
Controller). It is intended to meet our duties as a Controller of Transparency under European data
does not describe how we process personal data on our customer’s or any other person’s instructions
(i.e., where we act as a Processor).
use your personal data, we may notify you by sending you an e-mail to the last e-mail address you
provided to us and/or by prominently posting notice of the changes on our Website. Any changes to this
notice to you or thirty (30) calendar days following our posting of notice of the changes on our
Website. These changes will be effective immediately for new users of our Services. Please note that at
all times you are responsible for updating your personal data to provide us with your most current e-mail
address. In the event that the last e-mail address that you have provided us is not valid, or for any reason
is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such
notice will nonetheless constitute effective notice of the changes described in the notice. If you do not
wish to permit changes in our use of your personal data, you must notify us prior to the effective date of
the changes that you wish to deactivate your Account with us. Continued use of our Website or Services,
following notice of such changes shall indicate your acknowledgment of such changes and agreement to
be bound by the terms and conditions of such changes.
We collect information about you in various ways when you use our Website and Services.
Information You Provide
We collect the information you voluntarily provide to us. For example:
Information Collected Via Technology
We collect certain information automatically via various technological means. We collect information via
technology in the following ways:
No Special Categories of Personal Data
We do not collect any “Special Categories of Personal Data” about you (this includes details about your
race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade
union membership, information about your health and genetic and biometric data). Nor do we collect any
information about criminal convictions and offences.
We will only use your personal data for the purposes for which we collected it as listed below, unless we
reasonably consider that we need to use it for another reason and that reason is compatible with the
will explain the legal basis which allows us to do so.
What is our “legal basis” for processing your Personal Data?
In respect of each of the purposes for which we use your personal data, the GDPR requires us to ensure
that we have a “legal basis” for that use. Most commonly, we will rely on one of the following legal bases:
User Testimonials. We often receive testimonials and comments from users who have had positive
experiences with our Services. We occasionally publish such content. When we publish this content, we
may identify our users by their first and last name, company name and may also indicate their home city.
We obtain the user’s consent prior to posting his or her name along with the testimonial.
Creation of Anonymous Data. We may create anonymous information records from your Specifications
and any personal information we collect by excluding information (such as your name) that makes the
information personally identifiable to you. We use this anonymous information to analyze request and
usage patterns so that we may enhance the content of our Website and improve our Services, including
our pricing algorithms. We reserve the right to use anonymous information for any purpose and disclose
anonymous information to third parties at our sole discretion.
Where we need to process your personal data either to comply with law, or to perform the terms of a
contract we have with you and you fail to provide that data when requested, we may not be able to
perform the contract we have or are trying to enter into with you. For example, we may not be able to
provide you with the functionalities of the Website (e.g., setting up your account or providing a quote) or
we may not be able to respond to or fulfil a request you make of us (e.g., for a demonstration of the
In this case, we may have to suspend your Account but we will notify you if this is the case at the time.
Under certain circumstances, by law you have the right to:
If you want to exercise any of the rights described above (except Consent Withdrawal, on which see
below), please contact us by e-mail at email@example.com.
We rely on our Legitimate Interests as the legal basis for the processing of your personal data that is
involved in sending you marketing communications. If you wish to exercise your right to object to the
processing of your personal data for this purpose, you may do so by following the opt-out processes
outlined in the marketing email you received or by contacting us directly (please see contact information
below). Following your exercise of your right to object, we will promptly cease processing your personal
data for the purpose of sending you marketing communications. Despite your indicated e-mail
preferences, we may send you service-related communications, including notices of any updates to our
Typically, you will not have to pay a fee to access your personal data (or to exercise any of the other rights
outlined above). However, except in relation to Consent Withdrawal, we may charge a reasonable fee if
your request is clearly unfounded, repetitive or excessive, or, we may refuse to comply with your request
in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your
right to access your personal data (or to exercise any of your other rights). This is a security measure to
ensure that personal data is not disclosed to any person who has no right to receive it. We may also
contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a
month if your request is particularly complex or you have made a number of requests. In this case, we will
notify you and keep you updated.
Personal Data, please contact us at: firstname.lastname@example.org. We will reply to your complaint as soon as we
If you feel that your complaint has not been adequately resolved, please note that the GDPR gives you
the right to contact your local data protection supervisory authority.
provide you with increased value, we may include third-party links on our Website. These linked sites have
separate and independent privacy policies, and we do not have control over and do not review these
linked sites. We therefore have no responsibility or liability for the content and activities of these linked
sites. Nonetheless, we seek to protect the integrity of our Website and welcome any feedback about these
linked sites (including if a specific link does not work).
information collected by us offline.
Some web browsers may transmit “do not track” signals to the websites and other online services with
which your web browser communicates. There is no standard that governs what, if anything, websites
should do when they receive these signals. We currently do not take action in response to these signals.
If and when a standard is established, we may revise our policy on responding to these signals.
California Consumer Rights
California law gives California consumers the right to make the following requests:
By accessing the Site, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, you may not access or use the Site. If you are accessing and using the Site on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind your company or other legal entity to these Terms, and the words “you” and “your” in these Terms will be deemed to refer to your company or other legal entity.
We may modify these Terms at any time, in our sole discretion. If we do that, we will let you know either by posting the modified Terms on the Site (with a new “Last Updated” date) or through other communications. It is important that you review these Terms whenever you access the Site because your continued accessing or use of the Site after we have modified these Terms and posted the modified version to the Site will constitute your acceptance of and agreement to be bound by the modified Terms. If you do not agree to be bound by any modification to these Terms, you may not continue to access or use the Site. Because our services are evolving over time we may change or discontinue all or any part of the features of the Site, at any time with or without notice, at our sole discretion. You agree that we will not have any liability to you for any modification,suspension, or discontinuation of any features of the Site.
EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE "ARBITRATION" SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Launchpad WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
The individual who agrees to these Terms (whether as an individual or on behalf of a company or other legal entity) represents that he or she is at least 18 years old and is capable of forming a binding contract with Launchpad.
If you want to use certain features of the Site you’ll have to create an account (“Account”), by following the procedure on the Site. In particular, if you would like to send us designs, drawings, or other similar materials relating to products for which you would like us to provide you with a manufacturing quote, you will need to create an Account and agree to our Customer Services Agreement which you can access at [link] (the “Services Agreement”) and whose terms and conditions will govern the manufacturing services (the “Services”). If there is any conflict between these Terms and any term or condition contained in the Services Agreement, the Services Agreement will control with regard to the Services described in the Services Agreement. In setting up your Account, it is important that you provide us with complete and accurate information. You agree to update that information to keep it accurate, complete and up-to-date at all times. If you don’t, we reserve the right to suspend or terminate your Account. You agree that you will not disclose your Account password to anyone else and that you will notify us immediately of any unauthorized use of your Account. You agree that you will be responsible for all activities that occur under your Account, whether or not you have authorized them or know about them.
We welcome your feedback, comments and suggestions for improvements to the Site and the Services (“Feedback”). If you provide us with any Feedback, whether by email or any other means, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with rights to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, distribute, publish, create derivative works based upon, and otherwise exploit the Feedback to improve our Site or Services or for any other purpose. You represent and warrant to us that you either own all rights to your Feedback or otherwise have the right to grant us the license rights described above.
As used in these Terms: (i) “Content” means text, graphics, images, layout, color schemes, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Site; and (ii) “User Content” means any Content that holders of Accounts or visitors to the Site (including you) may provide to be made available through the Site; provided, however, User Content does not include designs, drawings or other similar material you may submit to Launchpad in connection with your request for a quotation for manufacturing Services based thereon or the purchase of those manufacturing Services.
Launchpad and its licensors exclusively own all right, title and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legends incorporated in or accompanying the Site or Content. You agree not to access the Site by any means other than through the interface Launchpad provides via the Site for use in accessing the Site. Your use of the Site does not grant you any right, license or permission of any kind to reproduce or use Launchpad’s intellectual property. Notwithstanding the above, Launchpad does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
Currently, we do not provide a means for visitors to the Site to post User Content, but we may do so in the future. By making any User Content available at the Site you hereby grant to Launchpad a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Site, the Content, and the Services to you and to other Account holders. You are solely responsible for all your User Content. You represent and warrant that you own all your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Launchpad on or through the Site will infringe, misappropriate or violate a third party’s legal rights, including but not limited to intellectual property rights and rights of publicity or privacy, or result in the violation of any applicable law or regulation. The Site may not provide the functionality for you to remove or delete your User Content from the Site once it has been submitted to us and we will not be responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.
Subject to your compliance with these Terms, Launchpad grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Site and solely for your personal and non-commercial purposes.
You agree not to do any of the following:
Although Launchpad is not obligated to monitor access to or use of the Site or Content or to review or edit any Content, we have the right to do those things for the purpose of operating the Site and the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, in our sole discretion, consider any Content to be objectionable or in violation of these Terms. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
The Site may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on those websites. You acknowledge that you are solely responsible for, and assume all risk arising from, your use of any of those third-party websites or resources.
We may terminate your access to and use of the Site or Services, in our sole discretion, at any time and without notice to you. You may cancel your Account at any time by notifying us of the cancellation at our email address at the end of these Terms. Upon any termination, discontinuation or cancellation of your Account or your access to the Site or Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.
You agree to defend, indemnify and hold harmless Launchpad and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or resulting from (i) your access to or use of the Sites, the Services or Content, (ii) your User Content, or (iii) your violation of these Terms.
THE SITE AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Site or Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.
LAUNCHPAD WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, PROPERTY DAMAGE, OR THE COST OF SUBSTITUTE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF LAUNCHPAD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LAUNCHPAD’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED (A) THE AMOUNTS YOU HAVE PAID TO LAUNCHPAD FOR USE OF THE SITE OR CONTENT OR, (B) IF YOU HAVE NOT PAID LAUNCHPAD ANYTHING, ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAUNCHPAD AND YOU AND WILL APPLY EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE LIMITATIONS IN THE “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” SECTIONS ABOVE MAY NOT APPLY TO YOU
These Terms, the Services Agreement, and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Services Agreement. Except for claims for injunctive or equitable relief regarding intellectual property rights (which may be brought in any state or Federal court of competent jurisdiction located in Los Angeles County, California), any claim, dispute or controversy arising out of, relating to or concerning these Terms or the Services will be decided by binding arbitration in accordance with the Rules of the American Arbitration Association. Any claim must be brought by you in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, with Launchpad and you each bearing its and your own costs and legal fees related to the arbitration, regardless of whether you or Launchpad prevails. Regardless of any statute or law to the contrary, any claim or cause of action (whether arising in contract or tort, law or equity) by you must be filed within one (1) year after the claim or cause of action arose or be forever barred. The place of the arbitration will be Los Angeles County, California and you expressly agree that it will be the sole site of any such arbitration. Judgment on any award of the arbitrators may be entered by any court of competent jurisdiction located in Los Angeles County, California, and you and Launchpad expressly consent and submit to the exclusive jurisdiction and venue of those courts for this limited purpose. Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions that may supersede the above disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
These Terms, together with any documents incorporated in these Terms, and the Services Agreement (if you create an Account) constitute the entire and exclusive understanding and agreement between Launchpad and you regarding the use of the Site and Content, and the Services, and they supersede and replace any and all prior oral or written understandings or agreements between Launchpad and you regarding those matters. If any provision of these Terms or the Services Agreement is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the other provisions will remain in full force and effect. You may not assign or transfer these Terms or the Services Agreement, by operation of law or otherwise, without Launchpad’s prior written consent. Any attempt by you to assign or transfer these Terms or the Services Agreement, without that consent, will be null. Launchpad may freely assign or transfer these Terms and/or the Services Agreement without restriction. Subject to the above, these Terms and the Services Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Launchpad under these Terms or the Services Agreement, including those regarding modifications to these Terms or the Services Agreement, will be given: (i) via email; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which the notice is transmitted. You are responsible for providing Launchpad with your most current e-mail address and messages sent by Launchpad to that email address will constitute eﬀective notice even if they do not reach you.
You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside.
Neither party will be liable for any delay or failure to perform its obligations under these Terms or the Services Agreement (other than the obligation to pay money when due) resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, ﬁre, ﬂoods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Launchpad’s failure to enforce any right or provision of these Terms or the Services Agreement will not be considered a waiver of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by an authorized representative of Launchpad. Except as expressly set forth in these Terms or the Services Agreement, the exercise by either party of any of its remedies under these Terms or the Services Agreement will be without prejudice to any other remedies available at law or in equity.
If you have any questions about these Terms or the Services, please contact Launchpad at:
130W Union Street
This Customer Services Agreement (this “Agreement”) is entered between Launchpad Build, Inc. (“Launchpad” or “we” or “us”) and you. By creating an account with Launchpad (an “Account”), or by placing an order with Launchpad for manufacturing services (the “Services”), you agree to be bound by this Agreement. If you are creating an account or placing an order for Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind your company or other legal entity to this Agreement, and the words “you” and “your” in this Agreement will be deemed to refer to your company or other legal entity.
Launchpad hosts and maintains an online platform available through the website at www.launchpad.build (the “Site”) that enables Launchpad’s customers to upload three dimensional (3D) models and other files for products they are seeking to have manufactured. Launchpad maintains a network of third party manufacturers (each, a “Partner”) capable of performing manufacturing and assembly services on Launchpad’s behalf. The use of Launchpad’s manufacturing services results in advantages for Launchpad customers in efficiency, cost, and quality. After a customer uploads their Speciﬁcations (as deﬁned below) for a manufacturing project, Launchpad will provide the customer with a quote for supplying the requested products, assemblies or items to be delivered, per the Specifications (each, a “Product”).
2.1 Creation of Orders. In order to request a quote from Launchpad for manufacturing, assembling and supplying a Product (a “Quote”), you must upload to Launchpad 3D CAD files and additional requirements and information relating to the manufacture and assembly of the Product (collectively, the “Speciﬁcations”). The Specifications you upload to Launchpad must be acceptable to Launchpad in form and content. Launchpad will respond with a Quote for supplying the applicable Product. The Quote will include the estimated costs of the manufacture and delivery of the Product including shipping costs and any applicable taxes. The Quote may also include any variations in the Specifications that Launchpad determines are necessary or advisable in order to make the manufacturing of the Product possible or more economical. PLEASE REVIEW LAUNCHPAD’S QUOTE CAREFULLY BECAUSE THE QUOTE MAY MODIFY OR CHANGE YOUR ORIGINAL SPECIFICATIONS OF THE PRODUCT IF LAUNCHPAD DETERMINES THAT THE MANUFACTURE OF THE PRODUCT IN ACCORDANCE WITH YOUR ORIGINAL SPECIFICATIONS IS IMPOSSIBLE, ECONOMICALLY IMPRACTICABLE, OR OTHERWISE IS LIKELY TO HAVE AN ADVERSE IMPACT ON THE RESULTING PRODUCT. You must ensure that the Speciﬁcations in the Quote are acceptable, accurate and complete before you accept the Quote. Certain restrictions with regard to Product features may apply. If you accept Launchpad’s Quote, and Launchpad acknowledges your acceptance in writing (including by email), then subject to the terms and conditions of the Quote and this Agreement, a binding contract between you and Launchpad will be created (an “Order”), for Launchpad to manufacture and supply the Product to you, and for you to purchase the Product from Launchpad. No conflicting or additional terms set forth in any purchase orders or other communications from you will apply unless agreed to in writing by Launchpad. Since each Product is custom-manufactured, you may not cancel an Order, or change the Specifications from the Quote, without the written consent of Launchpad, which Launchpad may condition on payment of a fee to cover Launchpad’s expenses.
2.2 Launchpad Cancellations. Launchpad may, at any time revoke a Quote or cancel an Order, if there are technical or others reasons (such as a concern about intellectual property ownership of the design or the legality of the Product) to do so. If Launchpad does that, Launchpad will reimburse you all fees you have paid, less any losses or expenses Launchpad incurs as a result of any breach of this Agreement by you.
2.3 Limitations; Changes to Specifications. The prices charged by Launchpad are calculated based on the manufacture of products with a certain attainable level of detail. Launchpad will manufacture your Products in accordance with industry standard manufacturing processes and standards, unless otherwise provided in the applicable Quote. If, before or during the manufacturing process, Launchpad determines that it is not possible or is not commercially practical to manufacture your Product in accordance with the Specifications applicable to the Quote, Launchpad may request your approval of appropriate changes to the Specifications and any resulting changes to the Product price and/or delivery schedule. If you approve of the requested changes, the new Specifications, Product price, and/or deliver schedule will apply. If you do not approve of the changes, Launchpad may cancel the Order.
2.4 Subcontracting. You acknowledge and agree that Launchpad will either manufacture and assemble the Product or engage one or more of its Partner(s) as subcontractors to do all or portions of the manufacturing and/or assembly of Products. You agree that Launchpad may share your Speciﬁcations with its subcontractor Partners in order to process and manufacture your Order.
3.1 Price. The prices for the Products will be as specified in Launchpad’s Quote. Unless otherwise indicated in the Quote, the price includes the cost for Launchpad’s Services, the manufacturing of the Product and standard shipping (as selected by Launchpad), as well as applicable sales and use taxes. Additional fees may apply for any alternate shipping methods and/or shipping insurance. You will be liable for all other transaction duties and taxes (other than taxes based on Launchpad’s net income).
3.2 Payment Terms. All invoices issued by Launchpad are due and payable thirty (30) days from the date of the invoice. Launchpad reserves the right, based on your financial condition, payment record, or other factors relating to an Order, to require payment in advance. All payments will be made in U.S. dollars, without deduction or offset, and free of any currency controls or other restrictions. You agree to notify Launchpad of any objections to an invoice within ten (10) days of receipt; otherwise, you will be deemed to have waived any objections. All amounts not paid when due will be subject to a finance charge of 1.0% per month or, if less, the highest rate permitted by applicable law. Launchpad reserves and you hereby grant to Launchpad a purchase money security interest in the Products sold to you and the proceeds thereof until you have paid the total amount invoiced by Launchpad for the Products, and Launchpad is authorized to record financing statements or other documents to protect its security interest. If you have an overdue balance, Launchpad may suspend performance of any or all of your outstanding Orders until full payment is received.
4.1 Shipping Terms. For deliveries from Launchpad’s point of shipment in the U.S. (which could be Launchpad’s facility or that of a Partner in the U.S.) to a location within the U.S., Launchpad will ship the Products FOB Launchpad’s point of shipment. For deliveries outside the U.S., Launchpad will ship the Products EXW (Incoterms 2000) Launchpad’s point of shipment (which could be Launchpad’s facility or that of a Partner within or outside the U.S.). Title to the Products and risk of loss will pass to you upon Launchpad’s delivery of the Products to the carrier.
4.2 Shipping Dates. Scheduled shipping dates, as indicated in Launchpad’s Quotes, are estimates only. Launchpad will use reasonable efforts to meet the scheduled shipment dates, but in no event will Launchpad be liable for any loss, damage, or penalty resulting from any delay in shipment or delivery. You acknowledge that Launchpad’s ability to ship by the scheduled dates will depend upon various factors, including timely delivery of components and materials to Launchpad.
4.3 Inspection and Acceptance. You will have seven (7) days after receipt of a shipment of Products to inspect the Products to verify that the shipment consists of the correct product and the correct number of units. If you reject Products, you must provide Launchpad with the specific reasons for the rejection. If you do not notify Launchpad in writing of your rejection within that period, you will be deemed to have accepted the Products. You may return Products to Launchpad only with Launchpad’s prior written authorization.
5.1 Limited Warranty. Launchpad warrants that, for a period of ten (10) days following the delivery of Products to you (the “Warranty Period”), the Products will be free of defects in materials and workmanship. If you notify Launchpad during the Warranty Period that a Product unit does not comply with the warranty, Launchpad will, as its sole responsibility and your sole remedy, repair or replace the non-conforming Product unit(s) at Launchpad’s sole cost and expense, provided (i) you return the non-conforming Product unit(s) to Launchpad promptly after your notice of non-conformance, and (ii) Launchpad’s inspection conﬁrms the non-conformity. No returns will be accepted by Launchpad unless you have notiﬁed Launchpad of a non-conformance within the Warranty Period. Replacement Product units will be warranted for ten (10) days following delivery to you.
5.2 Exclusions. Launchpad’s warranty will not apply to failure of a Product unit to conform to the warranty as a result of (i) accident, abuse, or improper installation, (ii) damage during shipping, (iii) modifications or repairs by anyone other than Launchpad, or (iv) use of the Product in combination with third-party devices or products.
5.3 Disclaimer of Other Warranties. THE LIMITED WARRANTY IN SECTION 5.1 IS IN LIEU OF, AND LAUNCHPAD SPECIFICALLY DISCLAIMS, ANY AND ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY. BECAUSE THE PRODUCTS ARE BASED ON YOUR SPECIFICATIONS, LAUNCHPAD MAKES NO REPRESENTATION OR WARRANTY THAT THE PRODUCTS WILL MEET YOUR REQUIREMENTS, WILL BE FIT FOR ANY PARTICULAR PURPOSE, WILL BE MERCHANTABLE, OR WILL BE NON-INFRINGING. LAUNCHPAD DISCLAIMS ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, ALL APPLICABLE IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LAUNCHPAD OR ELSEWHERE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary by jurisdiction.
6.1 Products. Launchpad has the right to refuse to manufacture any Product that (a) is intended for use in ﬁrearms or other weapons, or is designed to harm human beings, (b) is illegal or intended for any illicit purpose, (c) that requires any federal, state or local licenses to manufacture, or (d) that Launchpad otherwise deems inappropriate in its sole discretion.
6.2 Compliance with Export Controls. The data, items, deliverables, and services may be subject to national, foreign, and international trade and export control laws and regulations (“Export Laws”). You agree to identify any three dimensional (3D) models and resulting items that are controlled under Export Laws at the time of providing them to Launchpad, including but not limited to identifying data and items that are controlled under the International Traﬃc in Arms Regulations (“ITAR”). NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, YOU SHALL BE LIABLE FOR ALL DAMAGES, LOSSES, AND LIABILITIES INCURRED BY LAUNCHPAD AS A RESULT OF YOUR NON-COMPLIANCE WITH EXPORT LAWS OR FAILURE TO ACCURATELY IDENTIFY APPLICABLE EXPORT LAWS.
7.1 Services. You acknowledge and agree that the pricing, production simulation, product analysis tools, and processes used by Launchpad are the proprietary information and trade secrets of Launchpad. You agree not to attempt to reverse engineer any of those digital applications as reflected in the Launchpad website or allow anyone else to do so.
7.2 Specifications. Launchpad does not claim any ownership over your Speciﬁcations or any content, data or other materials you upload to or otherwise make available on the Website (“Your Content”). You are solely responsible for Your Content that You upload to the Website. You grant Launchpad a non-exclusive, perpetual, royalty free, fully paid-up, sublicensable (to our Partners), right and license to reproduce and use Your Content for the purpose of designing, manufacturing and delivering Products to you, and to provide you any other Services you request. You also acknowledge and agree that Launchpad may use Your Content on an aggregated and anonymized basis to improve Launchpad’s Services. You represent and warrant to Launchpad that you own Your Content or have the rights necessary to provide Your Content to Launchpad and to grant Launchpad the license rights provided for above. You further represent and warrant that Your Content does not infringe upon, misappropriate, or violate any third party’s rights, including intellectual property, privacy or publicity rights.
You agree to indemnify and hold harmless Launchpad and its oﬃcers, directors, shareholders, agents, licensees, employees, successors and assigns, from and against any and all damages, liabilities, awards, losses, costs and expenses including, without limitation, reasonable attorneys’ fees and court costs: (i) arising out of any breach by you of any representation, warranty or covenant in this Agreement; (ii) arising out of a claim that a Product manufactured by Launchpad for you pursuant to an Order violates any law, regulation or ordinance; (iii) arising out of a claim with respect to any Product (whether arising out of product liability, strict liability, negligence or otherwise), including claims related to injury, death or damage to any person or property caused by the Product; or (iv) arising out of any claim that any Speciﬁcation, infringes upon or violates any patent, trade secret, copyright, trademark, service mark, right of publicity or other right of any third party.
IN NO EVENT WILL LAUNCHPAD BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, USE, PROFITS, DATA, OR GOODWILL) OR COSTS OF PROCURING SUBSTITUTE PRODUCTS, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR THE PURCHASE, SALE, USE, OPERATION OR PERFORMANCE OF THE PRODUCTS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WHETHER OR NOT LAUNCHPAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. IN NO EVENT WILL LAUNCHPAD’S TOTAL LIABILITY TO YOU ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR THE PRODUCTS, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, EXCEED (A) THE AMOUNT YOU HAVE PAID TO LAUNCHPAD FOR THE SERVICES OR PRODUCT THAT GIVES RISE TO THE CLAIM OR, (B) IF YOU HAVE NOT PAID LAUNCHPAD ANYTHING, ONE HUNDRED DOLLARS ($100). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN LAUNCHPAD AND YOU AND WILL APPLY EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
10.1 Term; Termination. This Agreement will continue in effect until it is terminated by you or Launchpad, as provided below. You may terminate this Agreement (and the Services) at any time by notifying Launchpad of termination. Launchpad may suspend performance of Services for you, and/or terminate this Agreement, at any time, with or without cause. Cause for termination by Launchpad includes Launchpad’s determination that you have violated this Agreement and/or the General Terms.
10.2. Eﬀect of Termination. If this Agreement terminates, you will no longer be entitled to place Orders, and Launchpad may delete your Account and all of Your Content. Launchpad will have no liability to you for any of Your Content. All provisions of this Agreement which by their nature should survive, shall survive termination of this Agreement, including but not limited to ownership and intellectual property provisions, warranties and disclaimers of warranties, payment obligations, indemniﬁcation obligations and limitation of liability. If you terminate this Agreement, or Launchpad terminates this Agreement for cause, Launchpad may, at its option, (i) discontinue performance of any of your Orders that are not yet completed (in which case you will pay Launchpad a prorated portion of the contracted price for the Order, based on Launchpad’s progress toward completion of the Order, but in no event less than all costs and expenses incurred by Launchpad in connection with the Order including for unreturnable components or materials), or (ii) complete any Orders that are not yet completed (in which case you will pay Launchpad the entire contracted price for the Order).
We may modify this Agreement at any time, in our sole discretion. If we do that, we will let you know either by posting the modified Agreement on the Site (with a new “Last Updated” date) or through other communications. It is important that you review this Agreement before accepting a Quote because the modified Agreement will apply to any Orders created after we have modified this Agreement and posted the modified version to the Site. However, changes to this Agreement will not apply to Orders for Services that were placed before a modified version of this Agreement is posted.
12.1 Incorporation of General Terms. You acknowledge that, by virtue of the incorporation of the General Terms in this Agreement, the Dispute Resolution and Miscellaneous provisions of the General Terms apply to this Agreement.
12.2 Independent Contractor. You and Launchpad are independent contractors and no partnership, joint venture, or other relationship between you and Launchpad is created by this Agreement. Neither you nor we have the power to bind the other to any contract