Terms of Service
LAST UPDATED: 18th January, 2021
Wikifactory Terms & Conditions
These Terms and Conditions (the “T&Cs”) constitute the binding contract between you (the “User”) and Wikifactory Ltd. (“Wikifactory”, “we”, “us”) in relation to the signing up with and use of the platform Wikifactory (the “Platform”), any and all content, features and applications therein published and/or hosted and Wikifactory’s supply of its services through the Platform.
If the User is acting on behalf of a legal person the User represents and warrants that they are authorized to conclude an agreement and to enter into these T&Cs with Wikifactory in the name and on behalf of that legal person where the User signs up with and uses the Platform, the content, features and applications therein published and Wikifactory’s services. Please read carefully these T&Cs before signing up with and using the Platform
Wikifactory: meaning Wikifactory Ltd, the holder and the operator of the Platform.
Platform: meaning the online environment corresponding to the websites operated by Wikifactory under the domain names www.wikifactory.com and www.wikifactory.cn.
User: meaning anyone, such as designers, design companies, 3D printing facilities and/or manufacturers, consumers who browses and/or signs up with the Platform and uses Wikifactory’s services.
Third party: meaning any services including but not limited to component providers, fabrication services, software providers, or suppliers that use Wikifactory to sell, license, distribute, market or share their services or products on Wikifactory.
Content: meaning any type of material published by Users on the Platform, including but not limited to designs, stories, comments, links to third-party’s websites, etc.
Organisation: meaning a registered profile created by a User for a team under a brand or organisation in order to manage, promote and share the team’s Content.
Project: meaning a repository with Content published privately or publicly by Users or organisations, with the intent to share, manage and promote the Content it hosts with others on the Platform.
Story: meaning a long form article which Users may publish on the Platform and promote on the Internet.
Integrated Products: meaning software programs, including User documentation, any release, version or enhancement thereto, licensed to Wikifactory by agreement with the provider, that are combined to comprise part or all of the services and functionalities of the Platform.
2. Acceptance of T&Cs.
Where the User signs up and/or uses the Platform, even by simply visiting and browsing the Platform, or uses the Content, features and applications therein published and/or Wikifactory’s services, the User agrees to all of the present T&Cs, including the terms and conditions that Wikifactory is in contractual agreement for its Integrated Products. The present T&Cs may be updated and/or modified by Wikifactory according to clause 18 below. The present T&Cs apply to all of Wikifactory’s Users, whether acting on behalf and in the name of a legal person or as individuals, whether they contribute to the Platform’s Content, create or update an Initiative or a Project in whatsoever form, irrespective of whether the project is public or private.
Wikifactory may assign these T&Cs or transfer any rights, claims and obligation under this contract without the User’s consent, for instance to its successors in title, controlled and/or parent companies, and/or any entity resulting from extraordinary operations. The User will not assign nor transfer, in part or as a whole, the present T&Cs or the rights, claims and/or obligations arising in relation to or in connection with the T&Cs to any third party without Wikifactory’s written consent.
3. Registration and Admissibility
The User may browse the Platform and view its Content, features and applications without needing to register. Where the User is willing to otherwise use the Platform, its Content, features and applications as well as to request and use Wikifactory’s services as provided through the Platform the User is required to sign up with the Platform. To this end the User represents and warrants that they provide accurate and complete information, among others their Username, email address and password to create their account and to access the Platform. The User also warrants and represents that they will keep their registration information accurate, up to date and that will promptly inform Wikifactory of any change to such information. The User is responsible for the confidentiality and security of their registration information and is solely liable and responsible for the activity performed through and on their account. The registration with the Platform is not available for minors, namely for individuals below the age of 16. Where the User signs up on behalf and in representation of a legal person they represent and warrant that they are authorized to act, to bind the legal person to the present T&Cs and to register with the Platform on behalf and in the name of the legal person. Under these circumstances, the User may be required to submit or upload the suitable documents granting the User the legal person’s written authorization to proceed to registration and to manage the account on its behalf. In the absence of such authorisation Wikifactory may refuse registration or terminate the User’s account. The User is prohibited against transferring or providing access using their account to the Platform and its Integrated Products to any third person or party.
4. Third parties’ personal data provided by Users.
Wikifactory is a Software-as-a-Service provider for professionals in the design sector on a B2B basis. Through the Platform Wikifactory makes available an infrastructure for its Users, such as designers, design companies, 3D Printing facilities and manufacturers, end eventually consumers, to integrate into third-party design services and interact in real-time within a single, accessible, composable, extensible network. However, consumers are also allowed to subscribe to the Platform as to interact with designers and other professionals of the design industry. Under these circumstances Wikifactory’s Platform is also a B2C online service. Wikifactory does not offer for sale nor sell any goods and/or services in relation to any of its Users’ activity, initiatives, projects, digital content as published and shared on the Platform (the ‘Users’ goods and services’). Accordingly, Wikifactory does not have any control or monitoring power on the Users’ goods and services and therefore makes no warranty nor representation whatsoever in relation to the Users’ goods and services and disclaims all liability and responsibility for any representation, warranty, statement, or information made or communicated orally or in writing by Users or third parties in relation to the Users’ goods and services, their characteristics, quality, safety, lawfulness and fitness for purpose. All conditions, warranties and other terms which would otherwise be implied herein are hereby excluded.
6. Wikifactory’s Content and IP rights
The Platform’s software programs and preparatory design material, elements, configuration, database and its components, content and their organization within the Platform and any part thereof (“Wikifactory’s Content”) is owned by Wikifactory. The Platform includes services from provider TechSoft3D (‘TS3D Intellectual Property’) licensed to Wikifactory as part of its Integrated Products. Wikifactory’s Content and TS3D Intellectual Property are protected under intellectual property law, including, for example, legislation on copyright, patents, trademarks or other international laws and treaties concerning intellectual property rights.
The User is therefore forbidden to copy, download, reproduce, distribute, communicate, make available to the public, modify, create derivative works, de-compile, reverse engineer, publish or otherwise use or exploit Wikifactory’s content and TS3D Intellectual Property. The Wikifactory “favicon” is the exception, allowing for Users and third-parties to link to Content on Wikifactory on their own websites and services.
All the trade marks of Wikifactory, whether registered or not, its trade names, domain names, logos and other signs used, displayed and otherwise included in the Platform (‘Wikifactory’s distinctive signs’) are exclusively owned by Wikifactory and the User is forbidden to use Wikifactory’s distinctive signs in the course of trade without Wikifactory’s prior written authorization.
7. Users’ and third-party contents and IP rights
The Platform and Wikifactory’s services supplied thereby concern the provision, display and use of contents created by Users and/or third parties (the “Users’ and third party contents”). Users’ and third party contents can be protected by IP rights and their provision and use is regulated in accordance with Users’ and third parties’ terms and conditions. When contributing to the Platform the User represents and warrants that they either have all rights, including IP rights, or the authorization of the right holder to publish, provide and share content. Upon notice of the right holders, Wikifactory reserves the right to remove the User’s content that may infringe other Users’ and third parties’ IP rights in the content published, provided and shared on the Platform and, where appropriate, may also disable the User’s account in the event of a repeated violation of the intellectual property rights of other Users and/or third parties.
Wikifactory does not control nor monitor the Users’ and third party contents nor their terms and conditions, therefore, no responsibility or liability whatsoever can be ascribed to Wikifactory in relation to the accuracy, security or reliability of Users’ and third party contents. Wikifactory cannot guarantee and does not warrant the quality and fitness for purpose of Users’ and third party contents nor that Users’ and third party contents will be free of viruses or other features capable of causing damages to other Users, including but not limited to other Users’ content, data, assets. Wikifactory, its affiliates, controlled or parent companies and each of their directors, employees, contractors and representatives decline all responsibility towards Users with respect to any loss or damage they may incur that are related to the use of any Users’ and third-party contents.
In certain cases, the Platform may include links to third-party websites, which are not property nor subject to the management or control of Wikifactory (“Third Party Sites”). The contents of third party sites are beyond any control of Wikifactory, therefore, Wikifactory, its affiliates, controlled or parent companies and each of their directors, employees, contractors and representatives decline any responsibility for the accuracy, correctness, completeness, fitness for purpose and lawfulness of Third Party Sites. Wikifactory, its affiliates, controlled or parent companies and each of their directors, employees, contractors and representatives declines any responsibility for the contents of Third Party Sites and for any consequence deriving from Users’ access to and browsing in such Third Party Sites.
On the Platform Wikifactory promotes and offers either for free or upon payment of a fee a series of services, including: browsing the Platform without it being necessary to sign up to it, creating a registered User’s profile to interact with other Users, even through organisations, creating and forking Projects, publishing and sharing Content and/or Stories, leaving comments and liking other Users’ Content, privately or publicly.
Wikifactory provides the following services for Users and Organisations:
• Subscription services paid by Users and Organisations for listing private Projects against the payment of a monthly or annual fee.
• Subscription or service for custom white-labelling Wikifactory for Organisations on their own website domain against the payment of a monthly or annual fee.
9. Paid Services: Subscriptions, Fees and Payments
The paid amount which the User will see at the order check-out stage will be inclusive of additional applicable fees, including VAT, if applicable. Wikifactory reserves the right to change any fees or commission percentages indicated on the Platform. The changes to the fees or commission percentages will not have effect on Users’ previous and/or existing subscriptions or orders. Wikifactory may also offer discounts or free trials to Users on subscription fees. Any free trial or other promotion that provides access to a paid service must be used within the specified time as determined by Wikifactory when providing the trial offer. Fully paid subscription services begin on the day which immediately follows the day of expiry of the discounted or free trial period.
Wikifactory’s paid services are processed by a third-party payment processor (the “Payment Processor”). Wikifactory allows for Users’ most suitable means of payment for the purchase of its services through the Platform (for example, by credit and debit cards, digital wallets, etc.) according to the Payment Processor’s functionalities.
The Payment Processor handles payments in multiple currencies and can be requested to charge Users in their local currency. The payment processing will also be subject to the terms and conditions and privacy policies of the Payment Processor, the User’s credit or debit card issuer and digital wallet provider. Wikifactory is not responsible for any error occurring in the payment process, including any error made by the Payment Processor.
10. Third-party services
On the Platform the User will have the possibility to link to third-party websites and to access to the content and services provided therein without this resulting in Wikifactory’s endorsement of the third-party websites and their holders. In turn, third-party websites may include links to the Platform. The third-party websites are not under Wikifactory’s control and Wikifactory is not in whatsoever form responsible or liable for the content, services, functionality, lawfulness, fitness for purpose of the third-party websites. The User acknowledges and agrees that they may link to and use the third-party websites and related content and services at their own risk and that Wikifactory will not be responsible or liable for any direct or indirect damage or loss caused by or arisen in connection with the link to and use of third-party websites and related content and services.
11. Use of the Platform
The User shall use the Platform only in connection with any and all of its content, features and applications therein published and/or hosted and Wikifactory’s services supplied through the Platform, comprising the possibility to interact with other Users. When using the Platform the User shall abide by all applicable regulations and law, including but not limited data protection and intellectual property laws, as well as the applicable best industry practice and codes of conduct. The User is responsible for any of his or her activity carried out through and in connection with the Platform, its content, features, applications and Wikifactory’s services supplied through the Platform and commits to avoiding any breach of the present T&Cs. By way of example, only for illustrative purposes, Users shall not infringe, nor they permit third party to infringe, Wikifactory’s or third parties’ intellectual property rights, any right of privacy or publicity, nor they shall breach or permit third parties to breach any contractual obligation; the Users shall not publish, communicate, share, offer for sale or sell any material or information that they know it is false, misleading, untruthful or inaccurate.
a. Private Projects. Private Content, in particular the Contents of private Projects, are treated as the property of the User or the organisation which owns the workspace it is uploaded to. The owner of a workspace controls who can access it through Wikifactory’s permission system. Wikifactory will treat this data as confidential and will not access the data, except under the following circumstances:
i) Where it is necessary in order to protect the security of the data or content, under exceptional circumstances ii) to assist the owner of the private Project with a support matter if requested iii) to maintain the integrity of the Platform by removing any Content that violates these Terms or iv) to comply with legal obligations if Wikifactory has reason to believe that the Contents are in violation of any applicable law, or v) with your prior consent.
Wikifactory will implemenet all measures reasonably possible to protect the Contents of private Projects from any unauthorized use, access or disclosure while adhering to best industry practises for data security and undergoing regular security reviews.
12. Terms on Acceptable Use
a. Compliance with Laws and Regulations. Your use of the Platform and the services must not violate any applicable laws, including copyright or trademark laws, export control or sanctions laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Platform and the service is in compliance with laws and any applicable regulations.
b. Content Restrictions. You agree that you will not under any circumstances upload, post, host, or transmit any content that:
• is unlawful or promotes unlawful activities;
• is or contains sexually obscene content;
• is libelous, defamatory, or fraudulent;
• is discriminatory or abusive toward any individual or group;
• gratuitously depicts or glorifies violence, including violent images;
• contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
c. Conduct Restrictions. While using the Platform, you agree that you will not under any circumstances:
• harass, abuse, threaten, or incite violence towards any individual or group, including Wikifactory’s employees, officers, and agents, or other Platform users;
• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
• attempt to disrupt or tamper with Wikifactory’s servers in ways that could harm our Platform or services, to place undue burden on Wikifactory’s servers through automated means;
• impersonate any person or entity, including any of our employees or representatives, including through false association with Wikifactory, or by fraudulently misrepresenting your identity or site’s purpose; or
• violate the privacy of any third party, such as by posting another person’s personal information without consent.
d. Services Usage Limits. 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 without Wikifactory’s express written permission.
f. Removal of content and termination for unacceptable use. Wikifactory retains full discretion under these T&Cs to remove any content or terminate any accounts for activity that violates our Terms on Acceptable Use.
The Platform, its content, features and applications therein published and/or Wikifactory’s services are provided “AS-IS”, “AS AVAILABLE”, and without any kind of express or implied representations or warranties, including but not limited to the implied warranties of title, non-infringement, merchantability and fitness for purpose. Wikifactory does not warrant that (i) the Platform, its content, features and applications therein published and/or Wikifactory’s services will be secure and available at any time and location, (ii) any defects or errors will be corrected, (iii) any content or software is free of viruses or other harmful content, (iv) the results of the use of the Platform, its content, features and applications therein published and/or Wikifactory’s services will meet the User’s requirements.
Wikifactory, its affiliates, controlled or parent companies and each of their directors, employees, contractors and representatives cannot be held liable in relation to the the User’s interactions, communications with other Users, including but not limited in relation to other Users’ comments and opinions on the Platform. Wikifactory does not undertake a background check nor screen Users, or attempt to verify their statements. Wikifactory does not represent nor warrant as to other Users’ conduct or the veracity of any information they provide. In no event Wikifactory will be responsible and liable for any damages whatsoever, arising out of or in connection with the User or other Users’ conduct, including comments, opinion and statements when using the Platform and/or in connection with Wikifactory’s services.
The User shall hold harmless and indemnify Wikifactory, its affiliates, controlled or parent companies and each of their directors, employees, contractors and representatives from all actions, claims, liabilities, damages, costs, including legal costs, expenses and losses, that arise from or in connection with:
• The User’s access to or use or misuse of the Platform and the services and content provided therein.
• The breach of the present T&Cs.
• Product Liability.
• The infringement of intellectual property rights or other third party’s rights perpetrated by the User or any third party using the User’s account.
• Warranty and/or Guarantee on goods and services that are transacted via the Platform between Users and Third Parties.
In the event of a dispute between Users or between Users and Third-Parties, the User agrees to release Wikifactory from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unkown, arising out of or in any way connected with such disputes.
16. Limitation of liability
To the maximum extent permitted by applicable law, and without prejudice to direct and immediate consequences of a contractual breach, under no circumstances Wikifactory, its affiliates, controlled or parent companies and each of their directors, employees, contractors and representatives will be liable under contract, tort liability negligence, including gross negligence, or otherwise in respect of the Platform, the content, features, applications included therein and the services provided through the Platform, their quality or fitness for purpose for: loss of profits, loss of income, loss of revenues, loss of business, loss of contracts, loss of goodwill or reputation, loss of anticipated savings, or indirect or consequential loss of any kind. The recovery of each of such damages is in any event excluded even where the damages could be foreseen.
Nothing in these T&Cs will be deemed to exclude or limit Wikifactory’s liability for death or personal injury or fraud, including intentional fraud.
Under no circumstances Wikifactory, its affiliates, controlled or parent companies and each of their directors, employees, contractors and representatives will be responsible and liable for the quality and fitness for purpose of the Users’ and third-party contents, goods and services as published, provided and shared through the Platform.
To the extent permitted by law, the total liability of Wikifactory, and its suppliers, for any claims under these T&Cs including for any implied warranties, is limited to the amount you paid us to use the Platform and Wikifactory’s services.
17. Applicable law and jurisdiction
Without prejudice to the applicable principles and rules of private international law, the present T&Cs and any disputes and/or claims arising out of or in connection with them:
• shall be governed by and construed under the laws of England, without regard to conflict of law provisions; and
• shall be subject to the exclusive jurisdiction of the English courts to which both Wikifactory and the User expressly and irrevocably submit.
These T&Cs are the entire agreement between Wikifactory and the User in relation to the use of the Platform, its content, features, applications and the use of Wikifactory’s services as provided through the Platform. These T&Cs therefore supersede all prior or other communications and/or agreements in whatever form between Wikifactory and the User. If any provision of the present T&Cs is found to be invalid or inapplicable or unenforceable by a competent court Wikifactory and the User agree that such provision shall be eliminated from the T&Cs whilst the remainder of the provisions of these T&Cs shall remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Either Wikifactory’s or the User’s failure to enforce any of their rights and/or remedies under this contract will not be deemed to be a waiver of that or any other of their rights and/or remedies in the future. In order to be effective a waiver must be in writing and signed by the party which grants it.
19. Modification of these Terms and Conditions
Wikifactory reserves the right, at its sole discretion, to modify or replace any of these T&Cs. Wikifactory will accordingly inform the User of any of the aforesaid modifications by posting a notice on the Platform’s homepage and, where the User is a registered User, by email or through the User’s profile on the Platform. If the User continues to use the Platform and Wikifactory’s services following Wikifactory’s publication or notification of any of the above referred modifications to these T&Cs his or her continued use amounts to acceptance of those changes. Wikifactory also reserves the right to change, suspend, or discontinue, limit or restrict the provision of content, features, applications of the Platform and of its services for one or more Users, at any time, even without notice, if it considers that a breach of T&Cs occurred or for security reasons.
20. Cancellation of these Terms and Conditions and Subcriptions
When using the Platform, including when the User has access to the Platform and/or publishes Content therein and/or is willing to receive and use Wikifactory’s services through the Platform, the User may have the right to cancel these T&Cs according to the Consumer Contracts Regulations 2014 (the ‘Regulations’) inasmuch as the right of cancellation under the Regulations applies to the User. The cancellation period begins when the User accepts these T&Cs and it ends at the end of 14 days after the day of such acceptance. The right to cancel the T&Cs ceases to exist from the time of actual use of the Platform and/or payment of the services provided thereby. In order to exercise their right to cancellation the User will have to send Wikifactory an email at email@example.com
The above right to cancel these T&Cs only applies in connection with the use of the Platform, access and publication of content therein and Wikifactory’s provision of its services through the Platform, being without prejudice to the contractual terms applicable where the User interacts with other Users and Third Parties on the Platform. Wikifactory is not responsible nor liable for those Users’ and Third Parties’ contractual terms including the right of cancellation provided by them.
The Users may cancel their subscriptions by sending an email to Wikifactory at firstname.lastname@example.org under the following conditions: • In relation to paid monthly subscriptions which are charged on a monthly rolling basis, cancellation will have effect immediately at the date of receipt of the cancellation request. If the paid monthly subscriptions are not exhausted yet the User will continue to be able to use the Platform until that paid month is over. No refund of the subscription fees will be allowed. • In relation to paid annual subscriptions, which are charged in full at the beginning of the annual term, the User may cancel their subscription as explained above in connection with the paid monthly subscription. In addition, the User will receive a notification 15 days in advance of the renewal of the annual subscription term as to allow the User with the possibility to cancel the subscription. If the User cancels the subscription before the annual subscription term ends the paid annual subscriptions will not be refunded and the User will continue to be able to use the Platform until that paid annuity is over.
Upon termination of the monthly or annual subscription, once the paid amount has fully exhausted, the User will have a period of 72 hours to download any files from the User’s private Projects. After that period, access to those private Projects in the Platform will not be allowed.
The English language version of the T&Cs governs the contractual relationship between the User and Wikifactory. Where translations of the English language version of the T&Cs is provided for the User’s convenience the User acknowledges and agrees that the English language version of the T&Cs will prevail over any such translation should some inconsistency arise between the translation and the English language version of the T&Cs.
Wikifactory Ltd. is a registered company under the laws of Great Britain, with registered office in 2nd Floor, Windsor House, 40/41 Great Castle Street, London W1W 8LU, United Kingdom. It is wholly owned by the parent company Wikifactory Global Limited, with registered office at Suite C, Level 7, World Trust Tower, 50 Stanley St Central, Hong Kong. You may contact Wikifactory at the aforesaid UK address or by email at email@example.com.