Terms of Service

Last updated: January 19, 2025

Effective Date: January 19, 2025

Important: By accessing or using MakerNest (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all Terms, you must not access or use the Platform. These Terms constitute a legally binding agreement between you and MakerNest Ltd ("Company", "we", "us", or "our").

1. Agreement Overview

MakerNest operates a digital marketplace platform connecting creators of 3D printable files with buyers seeking such files. These Terms govern your access to and use of our website, services, applications, and content (collectively, the "Services").

1.1 Acceptance of Terms

By creating an account, making a purchase, uploading content, or otherwise accessing the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are accessing the Platform on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms.

1.2 Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Terms. You are responsible for reviewing the Terms periodically.

2. User Accounts & Eligibility

2.1 Eligibility Requirements

  • • You must be at least 16 years old to create an account or 13 years old with verifiable parental consent
  • • If you are between 13-16 years old, a parent or legal guardian must agree to these Terms on your behalf
  • • You must have the legal capacity to enter into binding agreements in your jurisdiction
  • • You must not be prohibited from receiving services under applicable law
  • • Business accounts require valid business registration where applicable

2.2 Account Registration & Security

  • • You must provide accurate, current, and complete registration information
  • • You must maintain and promptly update your account information to keep it accurate
  • • You are responsible for maintaining the confidentiality of your login credentials
  • • You must immediately notify us of any unauthorized access to your account
  • • You are solely responsible for all activities that occur under your account
  • • We reserve the right to reclaim usernames that violate our policies or infringe trademarks

2.3 Acceptable Use Policy

You agree NOT to use the Platform to:

  • • Violate any applicable local, national, or international law or regulation
  • • Infringe upon or violate the intellectual property rights of others
  • • Upload, transmit, or distribute malware, viruses, or harmful code
  • • Harass, abuse, stalk, threaten, or otherwise violate the rights of others
  • • Impersonate any person or entity or misrepresent your affiliation
  • • Engage in any fraudulent, deceptive, or misleading conduct
  • • Interfere with or disrupt the Platform's infrastructure or security
  • • Use automated systems (bots, scrapers) without express written permission
  • • Circumvent any access restrictions or security measures
  • • Create multiple accounts to evade restrictions or manipulate the Platform

2.4 Prohibited Content

The following content is strictly prohibited:

  • • Content that is unlawful, threatening, abusive, defamatory, or libelous
  • • Content depicting or promoting violence, terrorism, or illegal activities
  • • Sexually explicit or pornographic material (NSFW content)
  • • Content that promotes discrimination, hatred, or harm against any individual or group
  • • Content infringing copyrights, trademarks, patents, or other intellectual property rights
  • • Designs for weapons, weapon components, or accessories regulated by law
  • • Content designed to deceive or defraud buyers
  • • Personal information of third parties without their consent
  • • Malicious files or content containing harmful code
3. Intellectual Property Rights

3.1 Your Content & License Grant

You retain all intellectual property rights in the content you create and upload ("Your Content"). By uploading content to the Platform, you grant MakerNest:

  • • A non-exclusive, worldwide, royalty-free license to display, distribute, reproduce, and promote Your Content on the Platform
  • • The right to create derivative works (such as thumbnails, previews, and promotional materials) from Your Content
  • • The right to sublicense these rights to service providers necessary for Platform operations
  • • These rights continue even if you remove Your Content, to the extent necessary for previously downloaded copies

3.2 Creator Representations & Warranties

By uploading content, you represent and warrant that:

  • • You are the original creator or have obtained all necessary rights, licenses, and permissions
  • • Your Content does not infringe any third party's intellectual property rights, privacy rights, or other rights
  • • You have the legal authority to grant the licenses described in these Terms
  • • Your Content complies with all applicable laws and these Terms
  • • Any statements or claims about Your Content are accurate and not misleading

3.3 Platform Content & Trademarks

  • • The Platform's design, code, graphics, logos, and trademarks are owned by MakerNest
  • • You may not copy, modify, distribute, or reverse engineer any part of the Platform
  • • "MakerNest" and associated logos are registered trademarks and may not be used without permission
  • • Nothing in these Terms grants you any right to use our trademarks or brand elements

3.4 Digital Millennium Copyright Act (DMCA) Policy

We respect intellectual property rights and respond to valid DMCA takedown notices. If you believe your copyrighted work has been infringed, submit a notice containing:

  • • Identification of the copyrighted work claimed to be infringed
  • • Identification of the infringing material with sufficient detail to locate it
  • • Your contact information (name, address, phone, email)
  • • A statement that you have a good faith belief the use is not authorized
  • • A statement under penalty of perjury that the information is accurate
  • • Your physical or electronic signature

Submit DMCA notices to: admin@makernest.co.uk

Counter-Notification: If you believe your content was wrongly removed, you may submit a counter-notification with your contact information, identification of the removed material, a statement under penalty of perjury that you believe the removal was a mistake, and consent to jurisdiction.

3.5 Repeat Infringer Policy

We maintain a policy to terminate accounts of users who are repeat infringers. Users who receive multiple valid DMCA notices or are found to repeatedly violate intellectual property rights will have their accounts permanently suspended without refund of any earnings or purchases.

4. Payments, Fees & Creator Payouts

4.1 Pricing & Currency

  • • All prices are displayed in GBP (British Pounds Sterling) unless otherwise indicated
  • • Currency conversion is provided for convenience using third-party exchange rates
  • • Prices are inclusive of applicable VAT for UK customers
  • • We reserve the right to change pricing at any time without notice
  • • Promotional pricing may be subject to additional terms and conditions

4.2 Payment Processing

  • • Payments are processed securely through Stripe, a PCI-DSS Level 1 compliant processor
  • • We accept major credit/debit cards and other payment methods as displayed at checkout
  • • You authorize us to charge your selected payment method for all purchases
  • • All transactions are encrypted using industry-standard SSL/TLS encryption
  • • We do not store your full credit card details on our servers

4.3 Platform Commission & Fees

  • Standard Creators: 10% platform commission (creators receive 90% of sale price)
  • Early Bird Creators: 5% platform commission (creators receive 95% of sale price) - for qualifying early adopters
  • • Platform fees are deducted automatically at the time of sale
  • • Fees do not include payment processing fees charged by payment providers
  • • We reserve the right to modify fee structures with 30 days' notice

4.4 Creator Payouts & Fund Custody

  • • Creator earnings are held securely in individual Stripe Connect accounts
  • • Stripe is regulated by financial authorities and maintains PCI compliance
  • • MakerNest does not directly hold creator funds - they remain in your Stripe account until withdrawal
  • • Minimum payout threshold: £10.00
  • • Payout methods available: Bank Transfer (Stripe), PayPal
  • • PayPal payouts incur a £0.25 processing fee per transaction
  • • Bank transfers via Stripe: 2-7 business days, no additional fee
  • • Earnings from recent sales may have a 7-day holding period
  • • You are responsible for reporting and paying applicable taxes on your earnings

4.5 Refunds & Disputes

  • • Digital products are generally non-refundable due to their nature
  • • Refunds may be granted at our sole discretion for technical issues preventing file access
  • • Refund requests must be submitted within 14 days of purchase
  • • Chargebacks may result in account suspension pending investigation
  • • We reserve the right to deduct refund amounts from creator balances
  • • Disputes should first be addressed with the creator through our messaging system
  • • We may mediate disputes but are not obligated to resolve them

4.6 Withholding & Suspension of Payments

We reserve the right to withhold or suspend payouts in cases of suspected fraud, Terms violations, pending investigations, or legal requirements. Withheld funds may be released, donated to charity, or forfeited depending on the outcome of any investigation.

5. License Terms for Purchased Content

5.1 Personal License

Unless otherwise specified, purchases grant a Personal License allowing:

  • • Unlimited personal, non-commercial use
  • • Printing and modification for personal projects
  • • Sharing physical prints as gifts (not for sale)
  • NOT permitted: Commercial use, redistribution, resale of files

5.2 Commercial License

Commercial licenses (where available) additionally allow:

  • • Selling physical prints of the design
  • • Using designs in commercial products
  • • Commercial quantity limits as specified by creator
  • NOT permitted: Redistribution of digital files, sublicensing

5.3 License Restrictions

  • • Licenses are non-transferable and non-exclusive
  • • You may not redistribute, resell, or sublicense digital files
  • • Modification of designs does not transfer ownership
  • • License violations may result in legal action and account termination
  • • Specific creator license terms may supplement or modify these defaults
6. Privacy & Data Protection

6.1 Data Collection

We collect and process personal data as described in our Privacy Policy, including account information, transaction data, usage data, and technical data. By using the Platform, you consent to such collection and processing in accordance with applicable data protection laws including GDPR and UK Data Protection Act 2018.

6.2 Your Rights

  • • Right to access your personal data
  • • Right to rectification of inaccurate data
  • • Right to erasure ("right to be forgotten")
  • • Right to data portability
  • • Right to object to processing
  • • Right to withdraw consent

To exercise these rights, contact: privacy@makernest.co.uk

6.3 Security Measures

  • • Industry-standard encryption for data transmission (TLS 1.3)
  • • Secure password hashing and storage
  • • Regular security audits and penetration testing
  • • Access controls and monitoring systems
  • • Incident response procedures for potential breaches
7. Content Reporting & Moderation

7.1 Reporting Violations

Users may report content that violates these Terms using the report feature on product pages. Reports are reviewed by our moderation team and appropriate action is taken based on our findings.

7.2 Content Removal

We reserve the right to remove any content that, in our sole discretion, violates these Terms, is illegal, or is otherwise objectionable. We may remove content without prior notice and are not obligated to restore removed content.

7.3 Appeals Process

If your content is removed or your account is suspended, you may appeal the decision by contacting appeals@makernest.co.uk within 14 days. Appeals are reviewed by senior staff and decisions are final.

8. Disclaimers & Limitations of Liability

8.1 Service "As Is"

THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

8.2 No Guarantee of Results

  • • We do not guarantee the quality, accuracy, or functionality of user-uploaded content
  • • Print results depend on your equipment, materials, and skills
  • • We are not responsible for failed prints or damage to equipment
  • • Creator descriptions and ratings are provided by users, not verified by us
  • • We do not guarantee continuous, uninterrupted access to the Platform

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MAKERNEST AND ITS DIRECTORS, EMPLOYEES, PARTNERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • • Your access to or use of (or inability to access or use) the Services
  • • Any conduct or content of any third party on the Services
  • • Any content obtained from the Services
  • • Unauthorized access, use, or alteration of your transmissions or content

Our total liability shall not exceed the greater of £100 or the amount you paid us in the 12 months preceding the claim.

8.4 Indemnification

You agree to defend, indemnify, and hold harmless MakerNest and its officers, directors, employees, contractors, and agents from any claims, damages, losses, costs, and expenses (including legal fees) arising out of or related to your use of the Services, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

9. Termination

9.1 Termination by You

  • • You may terminate your account at any time through account settings
  • • Prior purchases remain accessible in your download history
  • • Pending creator payouts will be processed before account closure
  • • Some data may be retained as required by law or for legitimate business purposes

9.2 Termination by Us

  • • We may suspend or terminate your account for Terms violations
  • • We may terminate for prolonged inactivity (12+ months)
  • • Termination may be immediate for serious violations without prior notice
  • • We will attempt to notify you before termination when practical

9.3 Effect of Termination

Upon termination, your right to use the Services ceases immediately. Sections of these Terms that by their nature should survive termination will survive, including intellectual property provisions, warranty disclaimers, indemnification, and limitations of liability.

10. Governing Law & Dispute Resolution

10.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

10.2 Dispute Resolution

Any disputes arising from these Terms or the Services shall first be attempted to be resolved through good faith negotiation. If negotiation fails, disputes shall be submitted to binding arbitration under the rules of the Chartered Institute of Arbitrators. The arbitration shall take place in London, England, and be conducted in English.

10.3 Class Action Waiver

YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms you agree to, constitute the entire agreement between you and MakerNest regarding the Services and supersede any prior agreements.

11.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

11.3 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

11.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign our rights and obligations without restriction.

11.5 Force Majeure

We shall not be liable for any failure to perform our obligations where such failure results from circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, strikes, government actions, or internet/telecommunications failures.

12. Contact Information

General Inquiries

  • • Email: support@makernest.co.uk
  • • Contact Form: /contact
  • • Response Time: Within 5 business days

Specific Departments

  • • Legal/Terms: admin@makernest.co.uk
  • • DMCA/Copyright: admin@makernest.co.uk
  • • Privacy: admin@makernest.co.uk
  • • Appeals: admin@makernest.co.uk
  • • Business Partnerships: admin@makernest.co.uk

Registered Address

MakerNest Ltd
United Kingdom

Acknowledgment: By using MakerNest, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must not access or use the Platform.

Document Version: 2.0 | Effective Date: January 19, 2025