Terms and conditions

Last updated: October 1, 2024

1. GENERAL TERMS

SelectAM Oy, a private limited company registered under the laws of Finland registration code 3162647-9, registered address Lapinlahdenkatu 16, 00180 Helsinki, Finland (“SelectAM", “we” or “us”) provides a state-of-the-art solution for additive manufacturing (AM) assessment. (“SelectAM Software”).

These Terms and Conditions (“Terms”) are a binding legal contract between You, the user (“User” or “You”) and SelectAM which govern your use of the SelectAM Software including, without limitation, all content such as text, information, images, applications, software and other information, services and materials (collectively, the “Services”).

Please read these Terms carefully. If you do not agree to be bound by these Terms, you may not use our Services. By accessing the website or using the Services, you acknowledge and agree to be bound by these Terms and also confirm you have read and understood our Privacy Policy.

SelectAM reserves the right to revise, update and change these Terms from time to time by posting a modified version on our website. If, in SelectAM’s sole discretion, the modifications to these Terms are material, we will provide you a notice prior to the change taking effect, either by an e-mail notification or by alerting you through the website. Any new features that augment or enhance the current Services, including the release of new features and resources, shall be subject to these Terms.

Unless otherwise stated elsewhere in these Terms or in our notice, the updated Terms will take effect upon publishing and will apply on a going-forward basis. Your continued use of the Services and the website after any update to these Terms constitutes your acceptance of such changes.

2. USE OF SELECTAM SOFTWARE

The SelectAM Software functions as a comprehensive tool for analyzing the manufacturability through AM of part inventories or single CAD models. Best candidates will be highlighted allowing users to revolutionize their manufacturing strategies by printing in-house or printing the parts through our service partners.

Every User has the option to create an account on the SelectAM Software and, at their discretion, authorize members of their personnel to use the SelectAM Software; those personnel members granted the right to act on behalf of the User will be considered duly authorized representatives, and any actions they take within the SelectAM Software will be attributed to the User. The User commits to promptly removing from the list of authorized representatives any personnel members whose cooperation has been terminated.

The Users (including all members of their personnel) shall keep confidential the access credentials of their account on the SelectAM Software. In case of any unauthorised access to a user account, SelectAM must be notified immediately. Until receipt of such notification, SelectAM has the right to deem any actions undertaken through the User’s account as the actions of such User.

All Users must adhere to the laws, regulations and good practices applicable in the country in which they conduct business.

3. WARRANTIES, DISCLAIMERS AND LIMITATION OF LIABILITY

The Services, and other information provided by or accessible from them are provided on an "as is" basis, without any warranty, representation, condition, or guarantee of any kind. This includes, but is not limited to, any implied warranties, representations, conditions, or warranties of quality and merchantability for a particular purpose, or non-infringement. All such warranties and representations are expressly disclaimed to the fullest extent permitted by law.

SelectAM assumes no responsibility for any actions or omissions of third parties, and shall not be held liable for any direct, indirect, incidental, special, consequential or punitive damages, arising from or in connection with the Services, its contents, your access to or use of the Services, your reliance on or download from the Services, or any delays or inaccuracies in the information or its transmission. Such damages may include, but are not limited to, loss of profits, use, data or other intangible assets, even if we were made aware of the possibility of such damages.

SelectAM is not a party to the agreements entered into between the User and the Service Partners, therefore SelectAM will not interfere with or be otherwise engaged in the performance of any Agreements or settling of any claims or complaints arising from the Agreements.

4. THIRD-PARTIES

Through the use of the Services, you may have the opportunity to engage in commercial transactions or communications with other users or vendors. Please note that any transactions relating to services offered by third parties, including purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms, are agreed solely between the buyer and seller.

SelectAM does not provide any warranty regarding such transactions and you acknowledge that they are conducted entirely at your own risk. Any warranty provided by third-party providers is solely their responsibility and not that of SelectAM or any of its affiliates.

The SelectAM Software can only be accessed by authorized representatives of the User and not by any other third-party members.

5. SUBSCRIPTION PLANS AND PAYMENT

SelectAM offers a combination of free and fee-based features. If indicated so on the SelectAM Software, the User undertakes to pay SelectAM the fees in exchange for the right of using the SelectAM Software (or its specific functionalities) according to the price list (“Price List”) made available to the User on the SelectAM Software.

All prices are exclusive of taxes (VAT or otherwise), which may or may not be added to the price, depending on applicable law and the User’s legal residence.

SelectAM has the right to unilaterally amend the Price List by notifying the Users thereof prior to the implementation of the amended Price List and enabling Users to choose whether to accept the amended Price List or terminate the use of the SelectAM Software.

All fees payable to SelectAM must be completed through electronic payments facilitated by electronic invoices issued by SelectAM; by agreeing to these Terms, Users explicitly acknowledge their acceptance of receiving electronic invoices, including those transmitted via email and presented as attached PDF documents.

6. ACCEPTABLE USE POLICY

The User agrees and acknowledges that it must not and will not permit any authorized user to:

a. resell, assign, transfer, distribute or provide others with access to the SelectAM Software;

b. copy, modify, adapt, reverse-engineer, decompile or otherwise discover the source code of the SelectAM Software or any other software used by SelectAM or extract or use any material on the SelectAM Software for any other purpose than getting AM estimates and manufacturability report, finding the best candidates for AM and discover implausible data and in accordance with the Terms;

c. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;

d. to violate any applicable law, any third party’s intellectual property rights, or anyone’s right of privacy or publicity;

e. to process personal information of minors under the age of 16 without parental consent; or

If SelectAM reasonably believes a violation of this Acceptable Use Policy has occurred or may occur in the near future in a manner that may disrupt the Services, we may suspend or terminate access to the Services, without any liability. SelectAM reserves the right to notify the applicable User of the foregoing breach of Acceptable Use Policy.

7. LICENSE TO USER DATA

By uploading data Users grant SelectAM a license to access, use, copy, reproduce, process, adapt, publish, transmit, and display that User data, in order to provide the Services, and as permitted by SelectAM’s Privacy Policy, including if required to do so by law or in good faith to comply with legal process.

8. INTELLECTUAL PROPERTY RIGHTS

SelectAM and its licensors exclusively own all right, title, and interest in and to all intellectual property rights in the Services. You agree to abide by all applicable intellectual property laws. SelectAM Software, source codes or other software components of the Services, content of the website, selectam.io domain name and the Services (excluding User data), trademarks, names, and other Intellectual Property Rights are the exclusive property of SelectAM and its affiliated companies or third parties who have granted SelectAM a license to use them.

Subject to your compliance with these Terms, SelectAM grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Services and SelectAM Software only for your own internal use, and only in a manner that complies with these Terms and all legal requirements that apply to you or your use of the Services. All rights not expressly granted to the User are reserved by SelectAM.

These Terms do not convey to the User any rights of ownership in or related to the Services, SelectAM Software, or other Intellectual Property Rights. The User may use the SelectAM name, logo, and other trademarks associated with SelectAM or its affiliated companies with prior permission only.

9. PERSONAL DATA PROTECTION

In respect to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (GDPR) the User is considered the Data Controller and SelectAM is to be considered as a Data Processor with respect to the personal data uploaded by the User.

SelectAM shall process personal data in accordance with GDPR and its Privacy Policy.

10. SUSPENSION OR TERMINATION OF USE

SelectAM reserves the right to temporarily suspend a user from the SelectAM Software for a specific duration or permanently remove them from the platform immediately, and/or decline forwarding any orders to suppliers, without any obligation to provide compensation for loss of profit, under the following circumstances.

a. SelectAM has reasonable belief of fraudulent acts by the User when using the SelectAM Software (including using the SelectAM Software with the purpose of discovering its source code or inspecting other operational or technical details of the SelectAM Software);

b. the User is in default with the payment of any fees to SelectAM (if applicable) and does not rectify the default within the additional term of at least 15 calendar days;

c. the User otherwise fails to comply with their obligations under these Terms.

The User may terminate the use of the SelectAM Software at any time without cause by notifying SelectAM thereof in a format reproduceable in writing. If the User is paying any fees to SelectAM in exchange for the right of using the SelectAM Software (or its specific functionalities), one of the following principles shall apply upon termination:

a. If the termination of use takes place without cause, SelectAM will not return any fees to the User (including any fees paid in advance for the period following termination);

b. If the termination of use takes place due to SelectAM amending the Price List, SelectAM will retain any fees paid for the period before the amended Price List takes effect but will return to the User any fees paid in advance for the period following the application of the amended Price List.

11. SERVICE LEVEL

The reliable use of SelectAM’s software is guaranteed by a server uptime and availability of at least 95% for the duration of the subscription or license. If this requirement is not met, a payback rate of 50% on the remaining period of the subscription fee or license price is initiated.

12. MISCELLANEOUS

The Services shall be governed by the laws of Finland, without giving effect to its conflicts of laws principles, regardless of the jurisdiction from which the Services are accessed by a user.

Any dispute, claim or controversy arising out of or relating to these Terms, or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by respective courts in Finland.

If SelectAM fails to exercise or enforce any right or remedy in these Terms, it does not imply waiver of that right or remedy. In case any provision of these Terms is deemed invalid or unenforceable, the parties agree that the court should give effect to the parties' intentions, to the extent possible within the limits of the law, and the rest of the Terms will remain valid and enforceable.

These Terms constitute the entire agreement between you and SelectAM, and supersede any prior agreements on the subject matter.

QUESTIONS

If there are any inquiries or uncertainties regarding these Terms, please reach out to us through the email address hi@selectam.io.