SendCutSend Terms & Conditions

The following terms and conditions are part of a contract between you and SendCutSend Inc. (also referred to as “SendCutSend”, “we”, “us” and “our”). These terms and conditions, including those additional terms and conditions and policies referenced herein (collectively with SendCutSend’s Privacy Policy and Refund Policy referred to as the “Terms”) govern your use of the “Services”, which include the website (www.sendcutsend.com), and the tools, content, features, and services offered through it (the “Site”).

By creating an account with SendCutSend or by using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

If you do not agree to all these Terms, then you may not access the Site or use any of the Services.

Overview

For purposes of these Terms, “Design” means any file, design, or other physical or digital item provided to SendCutSend via the website, email, or any other method, for the purpose of utilizing our Services. You may only provide Designs for which you have the appropriate rights to utilize our Services: for example, even if you created a Design, you may not have the rights to use it because you granted those rights exclusively someone else, such as your employer or someone who hired you to create that Design.

We reserve the following right to deny access to the Site or any features of the Site and/or to any or all of our Services: 1) to anyone who violates these Terms; 2) who, in our sole judgment, interferes with the ability of others to enjoy our website; 3) who infringes the rights of others; or 4) for any reason which in sole discretion may negatively affect our business reputation or community.

We may offer certain services on an invite-only basis until we deem those services ready for a broader audience. Just as with our Services generally, no one has the right to access any particular service regardless of their access to other of our services.

Any new features or tools which are added to the current website shall also be subject to these Terms. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Services & Accounts

The SendCutSend Services enable you to create an account after which you may do one or more of the following, subject to our approval: upload a Design to our website; ship a physical template or drawing incorporating your Design to us; place an order with us which incorporates your Design or the Design of another person who has designated that Design to be available through our Marketplace service; and/or make a Design of yours available through our Marketplace service, subject to our approval.

We manufacture the items you order, subject to these Terms. We then ship your part(s) to the address you designate in your order transaction. Local pickup is also available on a case-by-case basis.

By agreeing to these Terms, you represent that you are at least 18 years of age, or that you are 18 years of age and you have given us your consent to allow any of your minor dependents to use the Site and its Services. We reserve the right to change the eligibility criteria for our Services, and to refuse service to anyone at any time.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). A breach or violation of any of the Terms may result in an immediate termination of your Services.

You must set up an Account on our Site in order to use our Services. You are responsible for submitting and maintaining accurate and current information related to your account, and for updating information as necessary.

You are solely responsible for the activity related to your account. You must not make your username or password available to others. SendCutSend is not liable for loss or damage related to your failure to maintain the security of your account. You may delete your account at any time, by contacting support@sendcutsend.com.

Design Services

With our Design Services offering, we create a digital file based on a Design that you have submitted to us either by providing us with a drawing or a physical template (the “Design File”). You will retain your rights in your Design, however, we retain the rights in the Design File. We will only use the Design File for purposes of fulfilling orders from you based on your Design. We may maintain an archive of the Design File as a courtesy to you, however we have no obligation nor make any promise to maintain, update, retain that file beyond the initial order. You agree that we are not responsible for returning any materials—drawings, cardboard templates, or any other physical items—you provide to us.

Marketplace

Marketplace is a service which allows a designer to sell one or more of their parts based on their Designs, manufactured by us, directly to end customers. This Service is currently available on an invite-only basis to allow us to properly develop it and build the necessary infrastructure and systems to make it more widely available in the future.

As outlined further below, by manufacturing a product based on a Design, whether for the designing party or a third party, we are not making any representations or guarantees about the product or the Design. By using our services, you agree that we are selling your items “as-is” with no warranty that the product is fit for any particular use.

Personal Information

Your submission of personal information through the use of SendCutSend Accounts and Services is governed by our Privacy Policy.

Intellectual Property Rights

As a designer, you retain ownership of the intellectual property rights over your Designs. We will never sell, distribute or publish your Design for profit without your permission. Before you upload a Design to the Site, you must ensure that the Design is your own original work, or that you have explicit permission from the third party or entity that owns the rights to the Design.

We reserve the right to delay or cancel an order if we suspect that a user is uploading a previously copyrighted Design or for which the appropriate permission has not been obtained. We also reserve the right to cancel a User Account if a user is repeatedly uploading previously copyrighted Designs or other violations of a third-party’s rights.

By uploading your file to the Site, you grant SendCutSend permission to use your Design to manufacture your parts to complete your order. We may occasionally ask your permission to use your Design on our website, social media accounts, and in our advertising.

SendCutSend welcomes ways to improve our Services including any comments, suggestions, ideas, feedback, bug reports, or other information provided to us by you (“Feedback”). You hereby grant to us a world-wide, royalty free, irrevocable, perpetual license to use, exploit, and otherwise incorporate any Feedback in connection with the Services.

Design Policy

Before you submit any order, you must make sure that your Design meets all of the requirements of our Design Policy. Uploading stolen, trademarked, inappropriate or illegal content is subject to cancellation of your order.

You certify that any Design provided to SendCutSend:

• Does not violate any local, state, or federal law or regulation;
• Does not contain abusive, harassing, threatening, defamatory, obscene, fraudulent, deceptive, misleading, offensive, or pornographic materials or images;
• Does not infringe any intellectual property rights, including but not limited to, patents, trademarks, company brands, team logos, etc.;
• Is not designed nor intended to be used for distribution of illegal drugs or controlled substances; and
• Is not designed nor intended to be used as an illegal weapon, firearm, or firearm accessory (e.g., “brass knuckles”, parts of firearms, etc.).

We will contact you by email within 72 (seventy-two) hours of receiving your order if we have concerns about the content of your Design.

SendCutSend reserves the right to refuse or cancel any order at any time, and you will be contacted by email if we choose to do so.

If we ascertain that your Design does not comply with the SendCutSend Design Policy before production has commenced, we reserve the right to cancel your order and refund your payment. If we determine that your Design does not comply with the SendCutSend Design Policy once production has already begun, we reserve the right to cancel your order and you may not receive a refund for your order.

Ordering Process & Shipping

Ordering: To place an order with SendCutSend, you will need to create a SendCutSend account. If you plan to upload a Design, you are responsible for reading and understanding the SendCutSend Design Guide before you upload your file. You are responsible for the quality of your Design, submitting the correct file type, sizing and choice of materials. If we detect problems or errors with your Design, we will contact you by email. Our responsibility only extends to the manufacture of parts that meet the specifications from your Design and choice of materials. We do not guarantee that the parts will be appropriate for any purpose.

Whether your order is based on your own Design or the Design of someone else made available on our Site, you agree to use any product you order only for its intended purpose and in accordance with these Terms. You may not use the product for any other purpose, including, but not limited to, any unauthorized or illegal purpose.

Once your order is complete, you will receive a confirmation email. Please check it carefully, and contact us at support@sendcutsend.com with any errors as soon as possible. We will attempt to accommodate changes to your order, however once your Design has gone into production, it may not be possible to make changes to the Design, size, materials or quantity of parts due to our rapid manufacturing techniques.

At this time, we can only process and ship orders within the United States of America and Canada.

Pricing & Payment: All pricing for standard orders is listed on the website, and is inclusive of materials, labor, and shipping. Sales tax will be automatically applied as required by local law. Additional shipping fees to Canada may apply.

Prices for custom orders and/or custom sizes will be quoted through email, and may incur additional shipping charges. Shipping rates are calculated based on dimensions, weight and location. We do not ship to locations outside of the 50 United States or Canada at this time.

We reserve the right to decrease or increase our prices at any time to match raw materials and commodity prices. Price changes will not affect completed orders or orders in process.

When applying coupon offers or coupon codes to your order, you are responsible for understanding the rules and regulations that govern the use of each coupon and coupon code. Fraudulent use of coupons or coupon codes may cancel your order, and continued fraudulent use of coupons or coupon codes may result in cancellation of your SendCutSend account.

The Site currently accepts Visa, Mastercard, American Express, Discover, and PayPal as payment. You are responsible for ensuring that all information you provide during the ordering process is complete, current, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

If you believe that there has been a mistake in charges to your method of payment, you are required to contact us at support@sendcutsend.com within 30 days of placing your initial order so that we can open an investigation. We will notify you of our findings within three (3) business days. If we find that there is an error on our part related to order charges, we will only be able to credit your original method of payment or offer SendCutSend store credit–which could take up to 30 days to show up on your account.

Shipping: We will ship your order to the shipping address you submit in your order. Once we have made your item, packaged it, and printed a shipping label, you will receive an email with tracking information. You will also be able to track your order through your Account on sendcutsend.com. While we try to get your parts to you as fast as possible, we are not responsible for delays once the package has shipped, and we are not liable for any damage or cost caused by the shipper, delay in shipping or delivery, however, we will work with you to remedy damaged or lost parts to the best of our ability. Title and risk of loss is transferred to you upon transfer of the goods from SendCutSend to the shipment carrier.

Cancellations & Refunds

Cancellations: You cannot cancel an order once it has gone into production (usually within 4 hours of ordering). You may be offered account credit or discounts at our sole discretion.

Returns and refunds: Because of the personalized nature of your parts, we will make decisions about returns and refunds on a case-by-case basis. Please inspect your parts carefully upon delivery. We strive to maintain high quality control, but if there are problems with your parts, please contact us within 10 days of receiving your shipment. Support responses could take up to 72 hours. You may be asked to provide photographs and/or a description of the product defect.

Do not ship your parts back to SendCutSend unless requested to do so, and you may be required to return your parts at your own expense.

Examples of acceptable reasons for requesting a refund:

• The part(s) delivered do not materially match the part(s) ordered.
• If there are errors or defects due to the laser-cuts.
• If there was damage to the part(s) during shipping

Examples of unacceptable reasons for requesting a refund:

• Errors related to the Design you submitted, e.g., style, sizing, materials, usage, etc.
• You simply do not like the finished design.
• You changed your mind and/or you no longer need or want the part(s).
• The part is not cosmetically perfect.
• The Design you submitted did not follow our Design Guide recommendations, which resulted in undesirable parts.

Once your refund request has been received and processed, we will let you know by email regarding our decision on your refund. This could take up to 72 hours. We reserve the right to refuse a refund for any reason. If we approve your Refund Request, we will credit your initial method of payment or issue a SendCutSend store credit within 10 days.

If we do not hear from you within 10 days from delivery regarding your received parts, it is assumed that the parts meet your specifications.

Use of the SendCutSend Website

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

Third Party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

We do not warrant that the results or products obtained from the use of our Services will be accurate, reliable, or error-free.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY US) PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’ FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

SENDCUTSEND WARRANTS ONLY THAT THE ITEM(S) MANUFACTURED BY US WILL SUBSTANTIALLY MEET THE FEATURES OF THE DESIGN WITHIN THE LIMITATIONS OF THE LASER-CUT SHEET METAL TECHNOLOGY. THE DESIGNERS MAINTAIN SOLE LEGAL RESPONSIBILITY FOR THEIR DESIGN SPECIFICATIONS AND PERFORMANCE OF THE ITEM THAT IS THE SUBJECT OF THIS TRANSACTION. SENDCUTSEND DOES NOT PROVIDE ANY WARRANTY ABOUT THE ITEM(S) THEMSELVES AND DOES NOT GUARANTEE THAT THE ITEM(S) WILL BE FIT FOR ANY PARTICULAR PURPOSES.

IN NO CASE SHALL SENDCUTSEND, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY PRODUCT MANUFACTURED BY SENDCUTSEND, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THAT POSSIBILITY.

IN NO EVENT SHALL SENDCUTSENDS AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF: (A) $100, OR (B) THE PRICE YOU PAID FOR THE ITEM AND ITS ORIGINAL SHIPPING COSTS, OR (C) THE AMOUNT YOU PAID SENDCUTSEND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You agree to indemnify, defend and hold harmless SendCutSend and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms, or your use or misuse of, or access to, the Services, content, or otherwise based on the use of your Designs, or infringement by you, or any third party using your account, of any intellectual property or other right, including but not limited to personal injury or property damage of any person or entity, or your violation of any law or the rights of a third-party. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you under this Agreement, and you to assist and cooperate with us in asserting any available defenses.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Governing Law and Venue

These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Delaware, United States of America. Any litigation, dispute, or claim arising out of or relating to these Terms shall be exclusively filed and resolved in the state and federal courts located within the State of Nevada, United States. The parties irrevocably consent to the personal jurisdiction and venue of such courts and waive any objections or defenses based on improper venue or inconvenient forum.

Changes to Terms

You can review the most current version of the Terms at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website and we may also provide notice to you through your registered email account. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.

Contact Information

Questions about the Terms should be sent to us at support@sendcutsend.com.

Last updated: January 3, 2024