Terms & Conditions DLP

Terms & Conditions for DLP Printers

This Terms of Service Agreement delineates the contractual terms and conditions governing the acquisition, operation, and utilization of Digital Light Processing (DLP) printers and associated ancillary services provided by Kallas. By accessing, operating, or otherwise utilizing a Kallas DLP printer, the individual or entity (“User” or “Client”) expressly acknowledges and unconditionally agrees to be bound by the terms and conditions as articulated herein.

1. Scope of Permitted and Prohibited Use

1.1. Authorized Utilization Parameters:
- The Printers shall be employed exclusively for lawful and ethically sound purposes, and in strict compliance with all applicable local, regional, national, and international laws, regulations, statutes, ordinances, and directives. This obligation to comply extends to, without limitation, adherence to all applicable intellectual property laws, safety standards, environmental regulations, export control regulations, and other relevant legal frameworks.
- Users bear the sole and exclusive responsibility for obtaining, securing, and maintaining any and all necessary permits, licenses, authorizations, certifications, or other regulatory approvals that may be required for their specific printing applications, within their jurisdiction of operation. This includes, but is not limited to, compliance with industry-specific regulations and any permits required for handling specific materials.
1.2. Prohibited Activities and Restrictions:
- The following uses of the Printers are strictly prohibited and shall constitute a material breach of this Agreement:
  - (a) The production, reproduction, or distribution of counterfeit goods, fraudulent items, or any materials intended to deceive, misrepresent, or defraud any party, including but not limited to the creation of forged documents, currency, or identification.
  - (b) The reproduction, creation, or distribution of items that infringe upon the copyright, trademark, patent, trade secret, or other intellectual property rights of any third party, without obtaining the requisite legal authorization, valid licensing agreements, or explicit written consent from the respective rights holders.
  - (c) The design, fabrication, or production of items that are inherently illegal, inherently hazardous, or demonstrably intended for use in the commission of a crime or the facilitation of unlawful activities. This prohibition encompasses, but is not limited to, the production of:
    - (i) Weaponry or components thereof, except as expressly permitted by applicable law and with the presentation of appropriate documentation and legal authorization.
    - (ii) Controlled substances or any items used in the production or distribution of controlled substances, unless explicitly authorized by relevant regulatory bodies.
    - (iii) Materials that promote violence, hate speech, discrimination, or any form of unlawful or harmful conduct.
  - (d) Any activity that violates the terms and conditions of any software license agreements associated with the Printer, related software applications, or any third-party software utilized in the printing process.
- Kallas explicitly reserves the right to refuse to facilitate, support, or process any print job or User activity that, in its sole and reasonable discretion, is deemed to contravene these prohibited use provisions.
1.3. Operational Guidelines and Safety Compliance:
- Users are under a strict obligation to rigorously adhere to all operational guidelines, safety protocols, and material handling instructions provided by Kallas and the Printer manufacturer. This adherence encompasses, without limitation, guidelines and protocols pertaining to:
  - (a) The safe and responsible handling, storage, and disposal of resin materials, chemicals, and other consumables used in the DLP printing process, including the use of appropriate personal protective equipment (PPE).
  - (b) The establishment and maintenance of adequate ventilation within the Printer’s operational environment to mitigate exposure to potentially hazardous fumes or vapors.
  - (c) The proper use and maintenance of safety equipment associated with the Printer, such as emergency stop mechanisms and safety interlocks.
  - (d) The secure and compliant disposal of waste materials generated during the printing process, in accordance with all applicable environmental regulations.
- Users bear the sole and exclusive responsibility for ensuring that they possess the requisite training, knowledge, expertise, and competence to operate the Printer in a safe, responsible, and effective manner. This responsibility includes the acquisition of any necessary certifications or qualifications. The User shall diligently minimize the risk of accidents, equipment damage, suboptimal print results, and any potential safety hazards.
- Any unauthorized modification, alteration, disassembly, or attempted repair of the Printer hardware or software, without explicit prior authorization and detailed instructions from Kallas technical support personnel, is strictly prohibited. Such actions may, at Kallas’s sole discretion, void any and all applicable warranties, and may result in further damage to the Printer, for which the User shall be held fully liable.

2. Intellectual Property Rights and Proprietary Information

2.1. Ownership and Licensing of Design Assets:
- Users unequivocally acknowledge, represent, and warrant that they bear the sole and exclusive responsibility for ensuring that they possess all requisite legal rights, titles, and interests in and to any digital designs, models, files, or other digital assets (“Design Assets”) submitted for printing using the Printers.
- Users expressly represent and warrant that their utilization of the Printer will not infringe upon the intellectual property rights of any third party, including, but not limited to, copyright, trademark, patent, trade secret, or other proprietary rights. Users are responsible for conducting appropriate due diligence to verify the legal status of any Design Assets they employ.
- Kallas shall not be held liable for, nor shall it assume any responsibility for, any disputes, claims, demands, causes of action, or legal proceedings arising from or relating to the unauthorized reproduction, utilization, or distribution of copyrighted or otherwise legally protected Design Assets by Users. Users shall indemnify and hold Kallas harmless from any such claims.
2.2. Copyright and Trademark Compliance Obligations:
- Users are strictly prohibited from employing the Printers to reproduce, create, manufacture, or distribute any materials that infringe upon the copyright, trademark, or other intellectual property rights of any third party. This prohibition encompasses, but is not limited to:
  - (a) The unauthorized reproduction, distribution, display, or modification of copyrighted artwork, literary works, musical compositions, software code, or other creative works.
  - (b) The unauthorized reproduction, display, or use of trademarked logos, brand names, product designs, packaging, or other distinctive brand identifiers, which may create consumer confusion or dilute the brand’s value.
- Users explicitly acknowledge and understand that copyright and trademark infringement, as well as other forms of intellectual property misappropriation, may result in significant legal and financial penalties, including, but not limited to:
  - (a) The issuance of cease and desist orders, compelling the User to immediately cease the infringing activity.
  - (b) Injunctive relief, whereby a court orders the User to refrain from certain actions.
  - (c) Monetary damages, including actual damages to compensate the rights holder for their losses and potentially statutory damages, which may be awarded even without proof of actual harm.
  - (d) Criminal prosecution, in cases of willful or repeated infringement.
2.3. Licensing and Commercial Use Parameters:
- Users engaging in commercial activities that involve the sale, distribution, marketing, or commercial exploitation of printed output derived from the Printers are solely and exclusively responsible for obtaining all necessary licenses, permissions, agreements, or other legal authorizations from the respective intellectual property rights holders.
- Kallas may, at its discretion, provide informational resources, general guidance, or links to relevant intellectual property organizations or databases to assist Users in understanding their intellectual property obligations. However, any such information provided by Kallas shall not be construed as legal advice, and Kallas explicitly disclaims any liability for its accuracy or completeness. Users are strongly encouraged to seek independent legal counsel from qualified professionals specializing in intellectual property law to ensure full compliance with all applicable intellectual property laws and regulations.

3. Equipment Handling, Maintenance, and Operational Protocols

3.1. Responsible Operation and Handling:
- Users shall operate the Printers with the utmost care, diligence, and professionalism, strictly adhering to all operational guidelines, safety protocols, and handling procedures provided by Kallas and the Printer manufacturer.
- Users shall exercise caution and avoid any actions that could reasonably lead to damage, malfunction, premature wear and tear, or reduced operational lifespan of the Printer.
3.2. Routine Maintenance Procedures:
- Users are fully responsible for performing routine maintenance tasks as specified in the Printer’s user manual and any supplementary documentation provided by Kallas. These tasks may include, but are not limited to:
  - (a) Regular cleaning of Printer components, including build platforms, resin vats, and optical surfaces.
  - (b) Calibration of the Printer’s optical system and other critical components to ensure print accuracy and quality.
  - (c) Proper handling, storage, and disposal of resin materials and other consumables.
- Users shall utilize only cleaning agents, solvents, lubricants, and maintenance materials that are explicitly approved or recommended by Kallas or the Printer manufacturer to avoid damage to sensitive Printer components.
3.3. Malfunction Reporting and Technical Support:
- Users shall promptly report any malfunctions, defects, operational anomalies, or performance degradation to Kallas technical support personnel through the designated communication channels.
- Users shall provide comprehensive and detailed information regarding the nature of the problem, including any error codes, relevant settings, a clear description of the symptoms, and a chronological account of the circumstances under which the malfunction occurred.
3.4. Unauthorized Repairs and Modifications:
- Users are strictly prohibited from attempting to repair, modify, alter, disassemble, or tamper with the Printer hardware or software, including its internal components, circuitry, or firmware, unless explicitly authorized and provided with detailed step-by-step instructions by Kallas technical support personnel.
- Unauthorized repairs, modifications, or alterations may void any and all applicable warranties provided by Kallas or the Printer manufacturer, and may result in further damage to the Printer, for which the User shall be held fully and financially liable.

4. Limitation of Liability, Indemnification, and Warranty Disclaimer

4.1. Disclaimer of Warranties:
- 4.1.1. Except as expressly provided in the applicable warranty documentation furnished by Kallas, the Company makes no warranties, express or implied, regarding the performance characteristics, suitability, fitness for a particular purpose, merchantability, or non-infringement of the Printers.
- 4.1.2. To the fullest extent permitted by applicable law, Kallas explicitly disclaims all implied warranties, including, without limitation, implied warranties of merchantability and fitness for a particular purpose.
4.2. Limitation of Liability:
- To the maximum extent permitted by applicable law, in no event shall Kallas, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever arising out of or related to the User’s use or inability to use the Printers, even if Kallas has been expressly advised of the possibility of such damages. This limitation of liability shall encompass, but not be limited to:
  - (a) Damages for lost profits, lost revenue, or loss of business opportunities.
  - (b) Damages for business interruption, loss of data, or loss of goodwill.
  - (c) Damages for personal injury, property damage, or other economic losses.
- In no event shall Kallas’s total, aggregate, and cumulative liability for any and all claims, damages, or causes of action arising under or in connection with this Agreement exceed the lesser of:
  - (a) The total purchase price paid by the User for the specific Printer in question.
  - (b) The total cost of the relevant service provided by Kallas to the User.
4.3. User Indemnification and Hold Harmless Agreement:
- Users irrevocably agree to indemnify, defend, and hold harmless Kallas, its officers, directors, employees, agents, affiliates, successors, and assigns, from and against any and all claims, demands, liabilities, obligations, damages, losses, judgments, awards, fines, penalties, costs, and expenses (including, without limitation, reasonable attorneys’ fees, court costs, and expert witness fees) arising out of or relating to:
  - (a) The User’s direct or indirect use, misuse, or negligent operation of the Printer.
  - (b) The User’s breach of any term, condition, representation, warranty, or covenant contained within this Agreement.
  - (c) Any claim of intellectual property rights infringement (including, but not limited to, copyright infringement, trademark infringement, patent infringement, or trade secret misappropriation) arising from the User’s production, distribution, or utilization of printed output derived from the Printer.
  - (d) Any claim of personal injury, bodily injury, property damage, or other harm caused by the User’s negligence, willful misconduct, or failure to diligently adhere to all applicable safety guidelines, protocols, and regulations.
  - (e) Any claim arising from the User’s failure to comply with all applicable laws, regulations, ordinances, or directives, including but not limited to environmental regulations, health and safety standards, and consumer protection laws.

5. Modifications and Amendments to the Agreement

5.1. Unilateral Amendment Rights:
- Kallas explicitly reserves the unilateral right, exercisable at its sole discretion and without prior notice to Users, to modify, amend, alter, update, revise, or supplement these terms and conditions.
5.2. Notification of Changes to the Agreement:
- Kallas will make commercially reasonable efforts to provide Users with notification of any material modifications to this Agreement. The method and timing of such notification shall be determined at Kallas’s sole discretion, and may include, but shall not be limited to:
  - (a) Prominent posting of the updated Agreement on the official Kallas website, in a readily accessible location.
  - (b) Transmission of an electronic mail notification to registered User accounts, utilizing the most current contact information on file.
  - (c) Display of an in-app notification or banner within any relevant software applications associated with the Printer.
  - (d) Other commercially reasonable communication channels, such as postal mail or other forms of written communication.
5.3. User Responsibility for Reviewing Modifications:
- Users bear the sole and exclusive responsibility for periodically reviewing the most current and up-to-date version of these terms and conditions. The most current version shall be deemed the definitive and binding version of this Agreement. The most current version of this Agreement shall be made readily accessible on the Kallas website or through other designated communication channels.
5.4. User Acknowledgment and Acceptance of Modifications:
- The User’s continued access to, operation, or utilization of the Printer or any related Services following the effective date of any modifications, amendments, updates, or revisions to these terms and conditions shall constitute the User’s affirmative, explicit, and irrevocable acknowledgment and acceptance of the entirety of the revised Agreement.

6. Governing Law, Dispute Resolution, and Injunctive Relief

6.1. Governing Law:
- This Agreement shall be governed by and construed in accordance with the substantive laws of [Insert Jurisdiction], without regard to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to this Agreement.
6.2. Dispute Resolution Mechanism:
- Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be resolved exclusively through [Insert Dispute Resolution Method, e.g., binding arbitration] administered by [Insert Arbitration Institution, e.g., the American Arbitration Association] in [Insert Location], and conducted in accordance with the rules of the aforementioned institution.
- The arbitration panel shall be composed of [Number] arbitrator(s) selected in accordance with the rules of the designated arbitration institution.
- The language of the arbitration shall be [Insert Language].
- The decision and award of the arbitrator(s) shall be final and binding on both parties, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
6.3. Injunctive and Equitable Relief:
- Not withstanding the foregoing dispute resolution provisions, either party shall have the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights, the breach of its confidentiality obligations, or other irreparable harm, without the necessity of posting a bond or other security.