Terms of Service

Blackbeard 3D LLC ("Company") agrees to provide custom additive manufacturing (3D printing), 3D scanning, reverse engineering, and/or design assistance services as described in the applicable quote, order confirmation, or project scope document ("Order"). Each Order is incorporated into and governed by this Agreement. The Company reserves the right to decline any Order at its sole discretion, including but not limited to Orders involving prohibited materials, unsafe designs, intellectual property violations, or projects outside the Company's capabilities.

The Client is solely responsible for providing accurate, complete, and print-ready design files (STL, STEP, OBJ, or other accepted formats) unless design assistance has been explicitly included in the Order. The Client represents and warrants that: (a) the Client owns or has the legal right to reproduce all designs, files, and intellectual property submitted to the Company; (b) the intended use of the finished parts complies with all applicable federal, state, and local laws and regulations; and (c) the Client has independently verified that the design, material selection, and specifications are appropriate for the intended application. The Company is not responsible for errors, defects, or failures arising from inaccurate, incomplete, or defective files or specifications provided by the Client.

Pricing for all services is set forth in the applicable Order or quote. Quotes are valid for fourteen (14) days from the date of issuance unless otherwise stated. Payment is due in full prior to production unless otherwise agreed in writing. The Company will not begin production until payment has been received and confirmed. For orders over $300, the Company may require a deposit of up to 50% before commencing work, with the balance due prior to shipment. All sales are final. The Company does not offer refunds except as expressly provided in the Warranty section below.

Estimated production and delivery timelines are good-faith estimates only and are not guaranteed. The Company shall not be liable for delays caused by equipment maintenance, material availability, shipping carrier delays, acts of God, or other circumstances beyond the Company's reasonable control. Risk of loss and title to finished parts passes to the Client upon handoff to the shipping carrier. The Client is responsible for selecting appropriate shipping options, including insurance for high-value orders. The Company is not responsible for loss, damage, or delay caused by the shipping carrier.

The Client retains all intellectual property rights in the design files and specifications submitted to the Company. The Company retains all intellectual property rights in its proprietary processes, methods, toolpaths, and production techniques. The Company may photograph finished parts for use in its portfolio, marketing materials, and social media unless the Client provides written notice requesting confidentiality prior to production.

The Company warrants that finished parts will materially conform to the specifications set forth in the accepted Order and will be free from defects in workmanship under normal use conditions for a period of thirty (30) days from the date of delivery. The Client must notify the Company in writing within the Warranty Period of any claimed defect. The Company's sole obligation under this warranty is, at the Company's election, to reprint the defective parts or issue a credit toward a future order. THIS WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY THE COMPANY. THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. The warranty does not apply to defects caused by: (a) Client-provided design errors; (b) improper use, storage, or installation; (c) modifications made after delivery; (d) normal wear and tear; or (e) use in applications for which the parts were not designed.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO THE CLIENT FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CLIENT TO THE COMPANY FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM. This limitation applies regardless of the form of action and whether the Company has been advised of the possibility of such damages.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOODWILL, COST OF SUBSTITUTE GOODS OR SERVICES, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This exclusion applies regardless of the legal theory under which damages are sought.

The Client agrees to defend, indemnify, and hold harmless the Company, its members, managers, employees, agents, and successors from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) the Client's use, misuse, installation, or application of the finished parts; (b) any breach of this Agreement by the Client; (c) any claim that the Client's design files or specifications infringe the intellectual property rights of any third party; (d) any personal injury, property damage, or other harm caused by the finished parts when used in an application for which they were not designed or specified; or (e) the Client's violation of any applicable law or regulation.

The Client acknowledges that parts produced using FDM/FFF additive manufacturing technology are NOT certified, tested, or approved for use in safety-critical applications, including but not limited to: structural load-bearing components, pressure vessels, medical devices, implantable devices, aerospace components, firearm components, automotive safety systems (including airbag, braking, or steering components), or any application where failure could result in personal injury, death, or significant property damage. The Client assumes all risk associated with the use of finished parts in any application and is solely responsible for ensuring that the material, design, and manufacturing method are appropriate for the intended use.

The Company agrees to keep Client design files and project specifications confidential and will not share them with third parties without the Client's prior written consent, except as required by law or as necessary to fulfill the Order (e.g., shipping carriers).

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any dispute arising out of or related to this Agreement shall first be subject to good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, it shall be submitted to binding arbitration in Lee County, Florida, under the rules of the American Arbitration Association. The prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

By submitting payment, accepting a quote, checking the agreement box on the quote form, or placing an order with Blackbeard 3D LLC, the Client acknowledges that they have read, understood, and agree to be bound by the terms of this Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings, whether written or oral.