Terms of Use
IMPORTANT: These Terms of Use (hereinafter referred to as these “Terms”) are the terms between you (an individual, company, or any other entity) and Makergenius3D (see description in “About Makergenius3D” section) for the use of the Product (see Section 1.1 of this Terms). You must have reached the age of majority for the legal jurisdiction that you reside in to access and sign these Terms. If you have not reached the age of majority, your guardian must agree to or sign these Terms. Please read these Terms carefully before you use your Makergenius3D Product mentioned in these Terms. Your use of a Makergenius3D Product will be deemed as your acceptance of the constraints mentioned in these Terms. Otherwise, please do not use any Makergenius3D Product. You may return your Makergenius3D Product to the franchise store, authorized distributor, or retail store where you made the purchase for a refund. However, you should be aware that refunds may be subject to the retail store’s return policy. The return policy is implemented in accordance with the relevant laws and regulations of the country/region of purchase. You may access a copy of these Terms at any time by visiting Makergenius3D’s website (https://Makergenius3D/policies/terms) and retain a copy of these Terms for future reference.
General Terms
1.1 The Product under these Terms means the Makergenius 3D device, and the software contained therein. The software refers to: (1)including but not limited to the codes as well as other embedded software, documents, interfaces, content, fonts, and any data stored on it that is protected by copyright held by Makergenius3D or its licensor; (2) updates or upgrades to the software mentioned in (1).
1.2 The Software under these Terms shall be bound by it, whether it is stored in a read-only memory or any other media or form or it is from an online download location authorized by Makergenius3D, unless otherwise agreed upon.
End User Software Licence
You are granted a limited and non-exclusive licence to access and use this software (as defined in Section 1.1) on only one Makergenius3D device, subject to, and in accordance with the terms and conditions of these Terms. The software cannot be sold, transferred, or used for any other commercial purposes.
Your Obligations
3.1 You may not use Makergenius3D technology or Makergenius3D intellectual property to develop software or design, develop, manufacture, sell, or licence third-party devices/accessories associated with Makergenius3D Product without Makergenius3D’s prior consent.
3.2 You may make a copy of the software on a computer hard disk drive or other storage media for the purpose of archiving. You may not distribute or provide the Software through networks so that it is available to multiple devices or computers at the same time.
3.3 You may not sell, rent, lease, lend, sublicence or distribute the entirety or part of the Software to any third party without prior written permission from Makergenius3D. Nonetheless, you may make a one-off permanent transfer of the entire licence to the Software to another party along with the transfer of ownership of your Makergenius3D device, provided that: (1) the transfer must include your Makergenius3D device and all the Makergenius3D Software; and (2) you do not retain all or part of the Software copies; and (3) the party that receives the Makergenius3D device and Software has read and accepted all the terms and conditions of these Terms.
3.4 Except as otherwise expressly permitted, you shall not, nor allow any other person to misappropriate, intrude or make other inappropriate use of the Product, including, but not limited to modify, discoder, copy, reverse engineer, publish, publicly disseminate, decompile, export codes, disassemble or create derivatives of the Product in any way.
3.5 You agree not to use the Product and related update content to engage in the following activities: (1) copy or use any part of the Software beyond the scope of these Terms; (2) provide to third parties, or allow third parties to use the whole or part of the Software without obtaining Makergenius3D’s written consent (including but not limited to apps, services, code, and source code); (3) use the Product in a deceptive way or for deceptive purposes; (4) remove any copyright declarations or prompts contained in the Product; (5) attempt to destroy, bypass, change, invalidate or escape from the Product and/or any digital rights management system that is part of the organic composition of the Product; (6) perform other improper or illegal acts.
3.6 When using the Product for storage or copying, you need to be authorized by the relevant rights holders in the corresponding countries or regions. Makergenius3D Products may be used to reproduce materials so long as such use is limited to the reproduction of non-copyrighted materials, materials for which you own the copyright, or materials you are authorized or legally permitted to reproduce. You acknowledge that ownership and intellectual property rights of any material displayed, stored or accessed via your device belong to the owner of the material. Such materials may be protected by copyright law or other intellectual property laws and treaties, and you may need to comply with the usage agreement or terms for such materials belonging to a third party. Unless otherwise agreed upon, these Terms does not grant you any right to use such materials, nor does it guarantee that you can continue to use them.
3.7 If you choose to provide suggestions regarding problems with the Product (“Feedback”), then you hereby grant Makergenius3D an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments or notice to you for such exploitation.
3.8 You agree that you shall only use the Product in compliance with all applicable laws and regulations of the country or region in which you reside or use the Product, including but not limited to the local laws of the country or region where you live or download or use the Product and services.
Reservation of Rights
Makergenius3D and its licensors own and retain all rights and titles to the visual interfaces, graphics, design, firmware, software, services, and all other elements of the Product and reserve any other rights not expressly granted to you by these Terms.
Privacy Policy
Makergenius3D Privacy Policy (the “Privacy Policy”) provides information about the data that Makergenius3D collects and the ways in which this data is used by Makergenius3D. For use of the Product , Makergenius3D will collect data from your device in accordance with the provisions of these Terms and the Privacy Policy. You may refer to the details of the Privacy Policy at: https://Makergenius3D/policies/privacy.
Consent to Use of Data
6.1 WHERE YOU CHOOSE TO HELP Makergenius3D IMPROVE ITS PRODUCTS AND SERVICES, Makergenius3D AND ITS AFFILIATES/LICENSORS MAY COLLECT DATA FROM YOUR DEVICE FOR ANALYSIS. COLLECTED DATA INCLUDES YOUR DEVICE CONFIGURATION DATA, APP STATISTICAL DATA, AND ERROR LOG DATA. ALL DATA IS ANONYMISED BEFORE BEING COLLECTED AND PROCESSED.
6.2 Makergenius3D ENSURES THAT A SIMILAR AND ADEQUATE LEVEL OF PROTECTION IS AFFORDED TO YOUR DATA AS REQUIRED BY ALL APPLICABLE LAWS AND REGULATIONS. DATA COLLECTED FROM YOUR PRODUCT DURING USE MAY BE PROCESSED OR TRANSFERRED TO Makergenius3D AND ITS AFFILIATES/LICENSORS IN COUNTRIES OUTSIDE OF THE COUNTRY YOU RESIDE. THIS MEANS THE DATA MAY BE TRANSFERRED TO OR ACCESSED FROM OTHER JURISDICTIONS WHICH ARE OUTSIDE OF THE COUNTRY WHERE YOU USE Makergenius3D’S PRODUCTS OR SERVICES. THESE JURISDICTIONS MAY HAVE DIFFERENT DATA PROTECTION LAWS, OR SUCH LAWS MAY NOT EVEN EXIST.
6.3 Makergenius3D ONLY RETAINS YOUR DATA FOR THE PERIOD NECESSARY TO FULFIL THE PURPOSES OUTLINED IN THESE TERMS AND THE PRIVACY POLICY, UNLESS A LONGER RETENTION PERIOD IS REQUIRED OR PERMITTED BY LAW. WHILE Makergenius3D TAKES ALL APPROPRIATE TECHNICAL AND ORGANISATIONAL STEPS TO PREVENT UNAUTHORISED ACCESS TO OR DISCLOSURE OF YOUR DATA, PLEASE NOTE THAT NO SECURITY MEASURES ARE COMPLETELY INFALLIBLE.
Updates
7.1 To provide you with a better user experience, Makergenius3D may provide you with product update services, including, but not limited to, system software updates and 3D printing model updates. The Product’s update service is designed to improve the performance, safety, and reliability of products and devices. The Product’s updates can be installed in different ways; software updates include error repairs, system software updates, 3D printing model updates and performance enhancements.
7.2 Any update provided by Makergenius3D for replacement or supplemental product is governed by these Terms, unless such update is accompanied by a separate Terms of Use, which will prevail. If you decide not to download and use an update provided by Makergenius3D, you understand that you may place the Product under serious security risk or cause the Product to be unusable or unstable. Some of the functions of the Product may be limited based on the version. Updating to the latest version may improve your user experience.
7.3 Your Makergenius3D product will automatically search for and download new update packages to provide you with timely update services. These updates are designed to resolve cyber security loopholes and prevent new threats, and it is important to accept and install security related system updates in a timely manner. Due to the importance of these updates, your product may block new print job before the updates is installed, and will immediately provide update notifications to help you understand the related information.
Services of the Product
8.1 The Product enables you to access Makergenius3D and third-party apps and services (individually and collectively referred to as “services”) that come with the Product. However, some apps and services may not be available in all languages or in all regions. In addition, you acknowledge and agree that some of the features of the Product may not be available on some products depending on the hardware and data access.
8.2 To ensure and enhance your user experience, the Product provides you with a large number of services. The specific services of the Product are provided by Makergenius3D and its affiliated companies/licensors according to the actual situation. Makergenius3D and its affiliated companies/licensors reserve the right to change the contents of the services at any time.
Makergenius3D Product services statement:
Bambu cloud: Makergenius3D Product services are basic functions for you to use Bambu cloud service. These basic functions include Bambu account management function, remote printing, remote monitoring and model recommendation. The above features may not be available in all regions / countries and languages. Using these basic functions requires access to the Internet, and you need to register your Bambu account and accept the additional terms of the above basic services.
Model recommendation: Model recommendation is a service that recommends models stored in the Bambu cloud for you. When you connect to the Wi Fi network, the model content will be recommended to you. The model content will vary according to the country / region where your login account is located. You can choose to accept or reject this service. This service may not be available in all countries and languages.
Heath Management System: Health management system is a service for you to automatically diagnose the health status of your device. You may get notified or actively check the current working status of various parts of the device through the health management system, and view the solutions in case of problems. However, you understand that due to technical limitations and other reasons, Makergenius3D cannot guarantee that the above related functions can completely and accurately detect all problems.
Print Failure Detection: Print result detection is a service that automatically detects the problems during printing, including the first layer inspection, spaghetti failure detection and automatic skipping of failed parts. Using these services, the device will prompt warning messages when there is a problem in printing, or accurately skip individual failed parts, or automatically stop printing when there is a serious problem. Some functions of print failure detection (such as spaghetti failure detection) depend on specific hardware configuration, so only bamboo devices equipped with relevant hardware can support it. In addition, you understand that due to technical limitations and other reasons, Makergenius3D cannot guarantee that the above related functions can be completely and accurately detected, and there may be a risk of false detection under special circumstances.
Third-party Software Statement
9.1 You understand and agree that although Makergenius3D Product supports the execution of general G-code files, but it does not guarantee the availability of G-code generated by third-party software in any period, and will not be responsible for product damage caused by running G-code generated by third-party software.
Termination and Ongoing Effectiveness
10.1 These Terms are effective from the first date you install the Software. BREACH OF YOUR OBLIGATIONS WITH ANY TERMS OR CONDITIONS OF THESE TERMS MAY RESULT IN THE DEATIVATION OF YOUR ACCOUNT AND LOSS OR RESTRICTION OF ACCESS TO THE CONTENT ASSOCIATED WITH THE PRODUCT. Once it is terminated, you MUST stop using the Product and delete all the Software and associated materials already copied and/or installed on your Makergenius3D device or computer immediately.
10.2 Sections 6, 11 and 12 shall remain effective after the termination of these Terms.
Disclaimer of Warranties
11.1 YOU ACKNOWLEDGE THAT THE PRODUCT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. NEITHER Makergenius3D, ITS LICENSORS OR AFFILIATES NOR THE COPYRIGHT HOLDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THERE IS NO WARRANTY BY Makergenius3D OR BY ANY OTHER PARTY THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE SELECTION OF THE PRODUCT TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE INSTALLATION, USE AND RESULTS OBTAINED FROM IT.
11.2 YOU FURTHER CONFIRM THAT DURING THE PRINTING, CALIBRATION AND OPERATION OF THE DEVICE, IT IS NOT ALLOWED TO STRETCH BODY PARTS OR OBJECTS INTO THE DEVICE TO AVOID THE POTENTIAL RISK OF SCALD AND PINCH INJURY. YOU SHALL BEAR ALL THE RESPONSIBILITIES AND RISKS OF PERSONAL INJURY OR EQUIPMENT INJURY CAUSED THEREBY.
Limitation of Liability
12.1 Makergenius3D WILL NOT TAKE ANY RESPONSIBILITY FOR PRODUCT USE PROBLEMS CAUSED BY ABUSE, MISUSE, OR UNAUTHORISED MODIFICATION.
12.2 TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Makergenius3D, ITS EMPLOYEES, LICENSORS, OR AFFILIATES BE LIABLE FOR ANY LOST PROFITS, REVENUE, SALES, DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, PROPERTY DAMAGE, PERSONAL INJURY, INTERRUPTION OF BUSINESS, LOSS OF BUSINESS INFORMATION OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, ECONOMIC, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, NEGLIGENCE, OR OTHER THEORY OF LIABILITY ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF Makergenius3D OR ITS LICENSORS OR AFFILIATES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.
12.3 IN NO EVENT SHALL Makergenius3D’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING DEATH OR PERSONAL INJURY RESULTING FROM Makergenius3D’S NEGLIGENCE) EXCEED THE AMOUNT YOU PAID FOR YOUR Makergenius3D PRODUCT.
12.4 The laws of some countries/regions do not allow the exclusion or limitation of certain warranties, guarantees or liabilities. If such laws apply to you, all or part of the exclusions or limitations described herein may not apply to you and you may have additional rights. Nothing in these Terms affects your legal rights that you are always entitled to as a consumer and which you cannot contractually agree to alter or waive.
Technical Support
Except as otherwise expressly permitted in Warranty Statement (details of the Warranty Statement are available at: https://Makergenius3D/en/policies/warranty), Makergenius3D is not obligated to provide any technical support for the Product described in these Terms, other than those required by law. No oral or written information or opinion given by Makergenius3D or its authorized representatives constitutes any warranty.
Export Controls
You may not use or otherwise export or re-export Makergenius3D Product except as authorized by applicable laws and the laws of the jurisdictions in which the Makergenius3D Software was obtained.
Contacting Makergenius3D
If you have any questions, comments, or suggestions, please contact us via the online customer service, or email us at info@Makergenius3D.com
Dispute Settlement and Governing Laws
The validation, interpretation, modification, fulfilment, and dispute settlement of these Terms are governed by the laws of the People’s Republic of China. If any dispute arises concerning the content or performance of these Terms, the dispute shall be settled through friendly negotiation. In the event that the dispute cannot be settled through negotiation, either party could submit the dispute to China International Economic and Trade Arbitration Commission (CIETAC) for arbitration which shall be conducted in accordance with the CIETAC’s arbitration rules in effect at the time of applying for arbitration. The arbitral tribunal shall consist of three (3) arbitrators. Makergenius3D and you shall be entitled to appoint one arbitrator, and the third arbitrator shall be jointly appointed by CIETAC. The language of the arbitration is English and is conducted in Shanghai, China. All arbitrators must be proficient in English. The arbitral award is final and binding upon both Makergenius3D and you.
Entire Terms
These Terms and Privacy Policy constitutes the entire agreement between you and Makergenius3D governing your use of the Product and supersedes any prior agreements between you and Makergenius3D relating to the use of the Software. You may also be subject to additional terms and conditions that may apply when you use or purchase open source software, third-party content, or other Makergenius3D services.