DesignMana Terms of Service

2.1 Age Requirement

You must be at least 18 years old to use DesignMana. By creating an account, you represent and warrant that you are 18 or older and have the legal capacity to enter into binding contracts.

2.2 Account Verification

• You must provide accurate, current, and complete information during registration.
• You must maintain accurate contact and taxpayer information (including W-9 forms for U.S. users).
• DesignMana reserves the right to verify your identity and may request government-issued ID, business licenses, or other documentation.
• You are responsible for maintaining the confidentiality of your account credentials.
• You must immediately notify us of any unauthorized access to your account.

2.3 Prohibited Users

You may not use DesignMana if you:

• Are prohibited by U.S. or international law from accessing the platform
• Have been previously banned or suspended from DesignMana
• Are located in an OFAC-sanctioned country or appear on any government restricted parties list

4.1 Technology Platform Only

DesignMana provides a technology platform that facilitates interactions between Creators, Makers, and Designers. We do not:

• Manufacture, own, or sell any designs or printed parts
• Control the quality, safety, legality, or accuracy of uploaded designs
• Guarantee the performance, delivery, or quality of any transaction
• Act as an agent, partner, or representative of any user

4.2 No Party to User Transactions

We are not a party to any transaction between users. Each Creator and Maker enters into a separate, direct contract for each Job. DesignMana's role is strictly limited to:

• Providing the platform infrastructure
• Facilitating payment processing
• Hosting design files temporarily
• Providing dispute mediation assistance (at our sole discretion)

4.3 Platform Modifications

We reserve the right to modify, suspend, or discontinue any feature or the entire platform at any time, with or without notice, and without liability to you.

5.1 No Employment Relationship

Makers, Manufacturers, and Designers using DesignMana are independent contractors, not employees, agents, partners, or representatives of DesignMana. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship.

5.2 Control & Independence

As an independent contractor, you:

• Control your own work hours, methods, and equipment
• Are free to accept or reject any Job
• May work for competitors or other platforms
• Bear all costs of your business operations
• Are not subject to DesignMana supervision or control beyond platform requirements

5.3 Tax Responsibilities

YOU ARE SOLELY RESPONSIBLE FOR ALL TAXES ARISING FROM YOUR ACTIVITY ON DESIGNMANA, including but not limited to:

• Federal, state, and local income taxes
• Self-employment taxes
• Sales and use taxes
• Value-added taxes (VAT)
• Any applicable business taxes

DesignMana does not withhold taxes, provide tax advice, or offer employment benefits.

5.4 Tax Reporting & Documentation

• U.S.-based Makers and Designers earning $600 or more annually will receive IRS Form 1099-NEC
• You must provide complete and accurate taxpayer information (W-9 or W-8BEN) upon request
• Failure to provide required tax documentation may result in: account suspension, payment withholding, backup withholding as required by IRS regulations, or account termination
• You agree to indemnify DesignMana for any tax liabilities resulting from your failure to report income or pay taxes

6.1 Authorized Content Only

Creators must:

• Upload only designs they own or are legally authorized to use
• Possess all necessary licenses, permissions, and intellectual property rights
• Never upload confidential, proprietary, or trade secret information without proper safeguards
• Comply with all applicable export control laws (including ITAR and EAR regulations)

6.2 Risk Acknowledgment

CRITICAL WARNING: By uploading designs to DesignMana:

• You acknowledge the inherent risk of intellectual property theft or misuse in decentralized manufacturing
• You accept full responsibility for protecting your confidential or sensitive designs
• You waive any claims against DesignMana for IP theft, unauthorized use, or disclosure by Makers or third parties
• We strongly advise against uploading proprietary, patent-pending, or highly confidential designs

6.3 Payment Obligations

• You must pay all agreed fees through DesignMana's payment system
• You authorize DesignMana to collect platform fees from your payment method
• You may not circumvent the platform to pay Makers directly
• Failed payments may result in account suspension and collection actions

6.4 Legal Compliance

Creators must comply with all laws, including but not limited to:

• Export control regulations (ITAR, EAR, OFAC)
• Consumer product safety standards
• Environmental regulations
• Intellectual property laws
• Laws prohibiting weapons, controlled substances, and illegal items

7.1 File Handling & Confidentiality

MANDATORY REQUIREMENTS:

• Use Creator-provided design files exclusively for the agreed Job
• Delete all design files (STL, OBJ, STEP, CAD, etc.) within 30 days of order completion
• Never reuse, resell, redistribute, reverse-engineer, or create derivative works from design files
• Implement reasonable security measures to protect files from unauthorized access
• Notify DesignMana immediately of any data breach or unauthorized file access

VIOLATION OF THESE TERMS MAY RESULT IN:

• Immediate account termination
• Legal action for breach of contract
• Liability for intellectual property infringement
• Criminal referral for trade secret theft

7.2 Quality & Delivery Standards

Makers must:

• Produce parts that materially conform to design specifications
• Use materials and methods appropriate for the intended application
• Deliver completed items within agreed timeframes
• Package items securely to prevent damage during shipping
• Provide tracking information for all shipments
• Communicate promptly with Creators about delays or issues

7.3 Legal & Safety Compliance

Makers must:

• Comply with all local, state, federal, and international laws
• Follow applicable safety standards and manufacturing regulations
• Refuse any Job involving prohibited items (see Section 9)
• Maintain adequate liability insurance (recommended minimum $1 million general liability)
• Report any requests for illegal items to DesignMana immediately

7.4 Material Safety & Warnings

Makers must disclose:

• Materials used in production
• Known safety hazards or limitations
• Appropriate use cases and restrictions
• California Proposition 65 warnings if applicable
• Any post-processing chemicals or treatments applied

8.1 Ownership & Licensing

Designers retain full ownership of their original designs. By uploading to DesignMana, Designers grant:

To DesignMana — A non-exclusive, worldwide, royalty-free, perpetual license to:

• Host, store, and display the design on the platform
• Distribute design files to Makers for authorized Jobs
• Create promotional materials featuring the design
• Use the design for platform improvement and analytics

To Makers and Creators — A limited, non-exclusive, non-transferable license to:

• Download and use the design solely for orders placed through DesignMana
• Manufacture parts based on the design for the specific Job only
• No right to modify, resell, or redistribute the design

8.2 Royalty Structure

• Designers earn a royalty percentage (as specified in your Designer Dashboard) from each completed order
• Royalties are calculated from the gross sale price minus platform fees and payment processing costs
• Royalties are paid monthly via your selected payout method (minimum threshold: $50)
• DesignMana reserves the right to adjust royalty rates with 30 days' notice

8.3 Designer Representations & Warranties

You represent and warrant that:

• You own or control all rights to the designs you upload
• Your designs do not infringe any third-party intellectual property rights
• Your designs comply with all applicable laws and these Terms
• You have the authority to grant the licenses described herein

8.4 Designer Tax Obligations

• You are solely responsible for all taxes on royalty income
• You will receive Form 1099-NEC if earnings exceed IRS thresholds
• You must provide accurate tax information via W-9 or equivalent forms

8.5 Design Removal

• You may remove your designs at any time through your account dashboard
• Orders already in process will complete under the existing license
• DesignMana retains the right to display previously sold designs in transaction history

9.1 Strictly Prohibited Content

Users may not upload, share, manufacture, or facilitate the creation of:

9.2 Safety-Critical Items

The following items are prohibited unless proper certification is provided:

• Medical devices or prosthetics
• Aerospace components
• Automotive safety parts (brake components, steering systems)
• Structural building components
• Personal protective equipment (PPE) claiming safety standards compliance
• Food-contact items without FDA-approved materials

9.3 Enforcement & Reporting

• DesignMana uses automated scanning and manual review to detect prohibited content
• We reserve the right to remove content immediately without notice
• Violations will result in account suspension or termination
• Serious violations will be reported to law enforcement
• We cooperate fully with legal investigations and court orders

9.4 User Reporting

If you encounter prohibited content, report it immediately to contact@designmana.com with:

• Link to the content or Job ID
• Description of the violation
• Any supporting evidence

10.1 Platform Fees

• Current fee structure is published at www.designmana.com/fees and may be updated with 30 days' notice
• Fees are deducted automatically from transactions
• Payment processing fees (credit card, PayPal, etc.) are additional

10.2 Payment Processing

• Payments are held in escrow until Job completion
• Funds are released to Makers upon Creator confirmation or after 14 days (whichever comes first)
• DesignMana uses third-party payment processors (Stripe, PayPal, etc.)
• You agree to comply with payment processor terms of service

10.3 Refunds & Disputes

Refund Policy:

• Refunds are issued only for non-delivery or material defects
• Custom manufacturing is generally non-refundable once production begins
• Refund requests must be submitted within 30 days of delivery
• DesignMana mediates disputes but does not guarantee refunds

Chargeback Policy:

• Unauthorized chargebacks may result in account suspension
• You must attempt resolution through DesignMana's dispute process before filing chargebacks
• Chargeback fees may be passed to the initiating party if found unjustified

10.4 Failed Payments

• Failed payments result in immediate Job cancellation
• Repeated payment failures may result in account suspension
• You remain liable for any fees or damages resulting from non-payment

11.1 User Content Ownership

You retain all ownership rights to your original designs and content. DesignMana does not claim ownership of user-uploaded content.

11.2 Platform Intellectual Property

DesignMana's platform, including its software, algorithms, trademarks, logos, and user interface, is protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or reverse-engineer the platform
• Use DesignMana trademarks without written permission
• Scrape or data-mine platform content
• Create derivative platforms or competitive services using our technology

11.3 Limited Monitoring

DesignMana does not proactively monitor all uploaded designs for IP infringement. Users are solely responsible for ensuring their content does not violate third-party rights.

However, we reserve the right to:

• Review content for prohibited items and safety compliance
• Remove content based on valid DMCA takedown notices
• Investigate reports of IP infringement
• Cooperate with law enforcement and IP rights holders

11.4 DMCA Compliance & Copyright Claims

DesignMana complies with the Digital Millennium Copyright Act (DMCA).

To file a copyright infringement notice, send the following to contact@designmana.com with subject "DMCA Takedown Notice":

• Your physical or electronic signature
• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on DesignMana
• Your contact information (address, phone, email)
• A statement that you have a good faith belief the use is unauthorized
• A statement under penalty of perjury that your notice is accurate and you are authorized to act on behalf of the copyright owner
• Date of notice

Counter-Notice Process:

If your content was removed due to a DMCA notice, you may file a counter-notice if you believe the removal was erroneous. Counter-notices must include:

• Your physical or electronic signature
• Identification of the removed material and its former location
• A statement under penalty of perjury that the material was removed by mistake or misidentification
• Your consent to jurisdiction in the federal district court for your location
• Your contact information

Repeat Infringer Policy:

• Users with multiple substantiated infringement claims will have accounts terminated
• Three valid DMCA claims within 12 months = automatic permanent ban

11.5 Patent & Trademark Protection

DesignMana respects patent and trademark rights. If you believe content on the platform infringes your patent or trademark, contact us at legal@designmana.com with:

• Proof of your patent or trademark registration
• Identification of the allegedly infringing content
• Explanation of how the content infringes your rights

12.1 Privacy Policy

Our collection, use, and protection of your personal data is governed by our Privacy Policy available at www.designmana.com/privacy, which is incorporated into these Terms by reference.

12.2 Data Security Measures

DesignMana implements industry-standard security measures including:

• Encryption of data in transit (TLS 1.3)
• Encrypted storage of sensitive design files
• Access controls and authentication protocols
• Regular security audits and penetration testing
• Automated malware and threat scanning

However, no system is 100% secure. You acknowledge that:

• Internet transmission carries inherent security risks
• Unauthorized access or data breaches may occur despite our precautions
• You assume all risk of uploading sensitive or confidential designs

12.3 Data Breach Notification

In the event of a data breach affecting your personal information or uploaded designs, we will notify you within 72 hours of discovery via email and platform notification.

12.4 International Data Transfers

Your data may be transferred to and processed in the United States and other countries where our servers or service providers are located. By using DesignMana, you consent to these transfers.

12.5 Data Retention

• Design files are retained as long as necessary for the transaction plus 90 days
• Account information is retained for 7 years after account closure (for tax and legal compliance)
• You may request deletion of your data subject to legal retention requirements

12.6 Your Privacy Rights

Depending on your jurisdiction, you may have rights including:

• Access to your personal data
• Correction of inaccurate data
• Deletion of data (subject to legal obligations)
• Data portability
• Opting out of marketing communications

To exercise these rights, contact privacy@designmana.com.

13.1 Export Regulations

Certain 3D design files may be subject to U.S. export control laws, including the International Traffic in Arms Regulations (ITAR) and Export Administration Regulations (EAR).

You represent and warrant that:

• You will not upload designs subject to export restrictions without proper licenses
• You will not facilitate the transfer of controlled items to prohibited countries or persons
• You will comply with all OFAC sanctions and denied parties screening requirements
• You understand that violations may result in severe criminal and civil penalties

13.2 Prohibited Jurisdictions

Users located in or shipping to the following countries are prohibited:

Cuba, Iran, North Korea, Syria, Russia (certain regions), and any OFAC-sanctioned territories.

We reserve the right to update this list based on U.S. government guidance.

13.3 User Responsibility

You are solely responsible for determining whether your designs or manufacturing activities require export licenses. DesignMana does not provide export compliance advice.

14.1 "AS IS" Service

DESIGNMANA IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

We specifically disclaim all warranties including but not limited to:

• Merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Accuracy, reliability, or completeness of content
• Uninterrupted or error-free operation
• Security of data transmission or storage
• Quality, safety, or legality of designs or manufactured parts

14.2 No Guarantee of Results

We do not warrant or guarantee:

• That Makers will fulfill Jobs satisfactorily
• That Creators will pay for completed work
• That uploaded designs are non-infringing or legally compliant
• That parts will meet your specifications or expectations
• That the platform will meet your business needs

14.3 Third-Party Content & Services

The platform may contain links to third-party websites or integrate third-party services. We are not responsible for:

• Third-party content, products, or services
• Privacy practices of external sites
• Actions or omissions of third-party service providers

14.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

DesignMana, its affiliates, officers, directors, employees, agents, and licensors SHALL NOT BE LIABLE FOR ANY:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Personal injury or property damage (except where prohibited by law)
• IP infringement, theft, or misuse of design files
• Illegal, unsafe, or defective items produced through the platform
• User misconduct, fraud, or contractual breaches
• Failed transactions, delays, or non-delivery
• Tax liabilities, penalties, or government enforcement actions
• Data breaches or unauthorized access (beyond our gross negligence)

EVEN IF DESIGNMANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.5 Maximum Liability Cap

IN NO EVENT SHALL DESIGNMANA'S TOTAL CUMULATIVE LIABILITY TO YOU EXCEED THE GREATER OF:

• $500 USD, OR
• The amount of platform fees you paid to DesignMana in the 12 months preceding the claim

14.6 Exceptions

Some jurisdictions do not allow limitations on implied warranties or liability for incidental damages. In such cases, the above limitations may not apply, and our liability will be limited to the maximum extent permitted by law.

14.7 Basis of the Bargain

You acknowledge that:

• DesignMana has set its prices and entered into these Terms in reliance upon the disclaimers and limitations of liability
• The disclaimers and limitations reflect a reasonable allocation of risk
• Without these protections, DesignMana could not offer the platform economically

15.1 Your Indemnification Obligations

You agree to defend, indemnify, and hold harmless DesignMana, MANALABS3D, Inc., and our affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and costs) arising from or related to:

• Your uploaded content, designs, or manufactured parts
• Your use or misuse of the platform
• Your violation of these Terms or any applicable law
• Your infringement of any third-party intellectual property rights
• Your breach of confidentiality or data security obligations
• Tax liabilities, penalties, or audits related to your activity
• Personal injury, property damage, or product liability claims involving your designs or manufactured parts
• Your misrepresentation of facts or fraudulent activity
• Any dispute between you and another user
• Your violation of export control or sanctions laws

15.2 Defense & Settlement

• DesignMana reserves the right to assume exclusive defense and control of any matter subject to indemnification
• You may not settle any claim without DesignMana's prior written consent
• You will cooperate fully in the defense of any claim
• This indemnification survives termination of your account

15.3 Insurance Recommendation

Makers and Designers are strongly encouraged to maintain:

• General liability insurance (minimum $1 million recommended)
• Product liability insurance for manufactured parts
• Professional liability insurance (Errors & Omissions)
• Cyber liability insurance for data breaches

16.1 Direct Resolution Encouraged

We encourage Creators and Makers to resolve disputes directly through platform messaging. Common disputes include:

• Quality issues or defects
• Late or non-delivery
• Design file disputes
• Payment disagreements

16.2 Mediation Assistance

If direct resolution fails, you may request mediation assistance by contacting disputes@designmana.com with:

• Job ID and transaction details
• Description of the dispute
• Evidence supporting your position (photos, messages, etc.)
• Your proposed resolution

DesignMana may, at its sole discretion:

• Facilitate communication between parties
• Review evidence and suggest resolutions
• Hold or release escrowed funds
• Issue partial refunds or credits

However, DesignMana is not obligated to resolve disputes and our decisions are final.

16.3 Limitations

• DesignMana is not a court or arbitrator
• We do not guarantee dispute resolution
• We may close disputes without resolution if cooperation is lacking
• Abuse of the dispute process may result in account penalties

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, USA, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for small claims court actions and injunctive relief, all disputes arising out of or relating to these Terms or your use of DesignMana shall be resolved through binding arbitration rather than in court.

Arbitration Process:

• Arbitration will be administered by JAMS (Judicial Arbitration and Mediation Services) under its Comprehensive Arbitration Rules
• The arbitration will be conducted in San Diego County, California or remotely via videoconference
• The arbitrator's decision is final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• Each party bears its own attorneys' fees unless the arbitrator awards them

Initiating Arbitration:

• You must first contact us at legal@designmana.com to attempt informal resolution (30-day negotiation period)
• If unresolved, either party may initiate arbitration with JAMS
• Claims must be brought within 1 year of the dispute arising or be forever barred

17.3 Class Action Waiver

YOU AND DESIGNMANA AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY.

You waive any right to:

• Participate in a class action lawsuit
• Bring claims as a class member
• Act as a private attorney general
• Consolidate claims with other users

Exception: This waiver does not apply where prohibited by law. If the class action waiver is found unenforceable, the arbitration agreement does not apply to that claim.

17.4 Exceptions to Arbitration

The following may be brought in court:

• Small claims court actions (under jurisdictional limits)
• Claims for injunctive or equitable relief (e.g., IP infringement)
• Disputes over the validity or enforceability of intellectual property rights
• Any claim exempt from arbitration by applicable law

17.5 Opt-Out Right

You have 30 days from account creation to opt out of arbitration by sending written notice to:

Your opt-out notice must include your name, email address, and account username.

17.6 Venue for Non-Arbitrable Claims

If a claim proceeds in court, you consent to the exclusive jurisdiction of the state and federal courts located in San Diego County, California.

18.1 Termination by You

You may terminate your account at any time by:

• Accessing account settings and selecting "Close Account"
• Emailing support@designmana.com with your termination request

Upon termination:

• Access to the platform will cease immediately
• Pending transactions will be completed or refunded as appropriate
• Unpaid balances remain due
• Design files will be deleted within 90 days

18.2 Termination by DesignMana

We may suspend or terminate your account immediately without notice if:

• You violate these Terms or any applicable policy
• You upload prohibited content
• You engage in fraudulent activity or abuse
• Your account poses a security risk
• You fail to provide required tax documentation
• You repeatedly receive negative feedback or dispute claims
• We are required to do so by law or court order
• We cease operations or discontinue the platform

18.3 Effect of Termination

Upon termination:

• All licenses granted to you immediately cease
• You must immediately cease using the platform
• You remain liable for all outstanding obligations, including: unpaid fees or charges, tax liabilities, indemnification obligations, and confidentiality requirements
• DesignMana may retain your data as required for legal compliance

18.4 No Refunds Upon Termination

Except as required by law, termination does not entitle you to refunds of any fees paid.

18.5 Survival

The following sections survive termination:

Sections 5 (Independent Contractor), 11 (Intellectual Property), 14 (Disclaimers), 15 (Indemnification), 17 (Governing Law), and 19 (General Provisions).

19.1 Modifications to Terms

We may modify these Terms at any time by posting updated Terms at www.designmana.com/terms with a new "Last Updated" date.

Notice of Material Changes:

• Material changes will be communicated via email or platform notification
• You will have 30 days to review changes before they take effect
• Continued use of the platform after changes take effect constitutes acceptance

If you do not agree to modified Terms, you must stop using DesignMana.

19.2 Notices & Communications

How We Contact You:

• Email to the address on your account
• Platform notifications or dashboard alerts
• Postal mail to your registered address (for legal notices)

How You Contact Us:

• General support: support@designmana.com
• Legal notices: legal@designmana.com (must be in writing)
• DMCA notices: contact@designmana.com

You must maintain current contact information. We are not responsible for notices sent to outdated addresses.

19.3 Assignment

You may not assign or transfer these Terms or your account without our written consent. DesignMana may assign these Terms or transfer the platform to an affiliate, successor, or acquirer without notice.

19.4 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it enforceable.

19.5 No Waiver

Our failure to enforce any provision of these Terms does not waive our right to enforce it later. Any waiver must be in writing and signed by an authorized representative of DesignMana.

19.6 Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and DesignMana regarding the platform and supersede all prior agreements or understandings.

19.7 Force Majeure

DesignMana is not liable for delays or failures in performance due to causes beyond our reasonable control, including:

• Natural disasters, epidemics, or pandemics
• Government actions, regulations, or restrictions
• Internet or telecommunications failures
• Cyberattacks, hacking, or DDoS attacks
• Strikes, labor disputes, or supply chain disruptions
• Acts of war or terrorism

19.8 Relationship of Parties

Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and DesignMana.

19.9 Interpretation

• Headings are for convenience only and do not affect interpretation
• "Including" means "including but not limited to"
• Singular includes plural and vice versa
• "You" includes individual users and business entities

19.10 Third-Party Beneficiaries

These Terms do not confer any rights or benefits on third parties, except for DesignMana's affiliates, officers, directors, employees, and agents who are intended beneficiaries of the indemnification and limitation of liability provisions.

19.11 Language

These Terms are drafted in English. Any translations are provided for convenience only. In the event of conflict, the English version controls.