Terms of Service

Last Updated: January 11th, 2018

These Shaper terms and conditions (“Terms of Service”) govern the use of software services (the “Services”), products including Shaper Origin (the “Products”), websites including the ShaperHub and Shaper Community Forum (the “Sites”), in each case provided by Shaper Tools, Inc. (“Shaper,” “we” or “us”), and including any materials or designs accessed through the Services, Products, or Sites. Please read these Terms of Service carefully before using the Site, Services or Products, and by using the Shaper Sites, Services, or Products, you agree to be legally bound by these Terms of Service.  If you are an entity, organization, or company, the individual accepting these Terms of Service on your behalf represents and warrants that they have authority to bind you to these Terms of Service and you agree to be bound by these Terms of Service.  The Shaper Sites, Services, and Products are not intended for and may not be used by people under the age of 18.

  1. Use of the Services, Products, and Sites. You must use the Shaper Sites, Services, and Products in accordance with the provisions of these Terms of Service, the Purchase Terms at https://shapertools.com/Orderterms, the applicable Product manual(s) at https://shapertools.com/originmanual, the Acceptable Use Policy at https://shapertools.com/acceptableuse, any other user documentation provided by Shaper, and the law, each of which are hereby incorporated into these Terms of Service.  You may only use Shaper Products within the United States, and Shaper Sites and Services are only intended for use within the United States.  It is your responsibility to ensure that your use of the Shaper Sites, Services, and Products complies with laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws.  If you are prohibited under applicable law from using any of the Sites, Services, or Products, you may not use it.  Shaper will not be liable for your inability to use the Sites, Services, or Products.

  2. Our License to you. Subject to these Terms of Service, we give you a limited, nonexclusive, nontransferable, revocable license to use the Sites, Services, and Products. To the extent any component of the Services may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some provisions of these Terms of Service. Except to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Sites, Services, or Products; (b) modify, create derivative works of, decompile, reverse engineer, or otherwise attempt to extract source code from the Sites, Services, or Products (except as expressly permitted under an open source license or if we give you express written permission); (c) access the Sites, Services, or Products (or any component of the Sites, Services, or Products) in order to build a competitive or similar service or product; or (d) interfere with or circumvent any feature of the Sites, Services, or Products, including any security or access control mechanism. Shaper may limit your access to any Site, Service, or Product in its sole discretion.

  3. Your Account. If you create an account with Shaper, you are responsible for all activities that occur under that account.  You should safeguard your account password, and keep your account information current.  Do not share your account credentials or give others access to your account.

  4. Paid Materials.  Certain shaper Sites, Services, or Products may provide access to paid content.  Some content may be offered for purchase by Shaper, while other purchases may require you to transact with a content provider directly.  In each case, you agree to be charged the purchase price for the content, including any applicable taxes, at the time you place your order.  All sales are final, and refunds are only issued if required by law.  Pricing and availability of all content are subject to change at any time before you click the button indicating that you want to purchase Content.  You must comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with your purchase of content.  The reporting and payment of any such applicable taxes are your responsibility.

  5. Your Content. You are responsible for any content that you upload, submit, post, share, or otherwise introduce into the Shaper Sites, Services, or Products (your “User Content”).  You affirm, represent, and warrant that: you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Shaper and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in these Terms of Service,  and that your User Content does not violate the intellectual property or any other personal or proprietary right of any other party.  Shaper reserves the right to remove or modify User Content for any reason.

  6. User Content License.  

        1. License to Shaper.  You give Shaper (and those trusted third parties we work with) a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content solely for the purposes of operating, providing, improving, and developing the Shaper Sites, Services, and Products.  When you post content to a public or shared space in the Sites, Services, or Products, such as our Community Forum, you also grant Shaper a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to reproduce, prepare derivative works, distribute copies, perform, or publicly display your User Content in any medium and for any purpose, including commercial purposes.

        2. License to Other Users.  When you post content to a public or shared space in the Sites, Services, or Products, such as our Community Forum, or otherwise share your User Content through the Sites, Services, or Products, you recognize that this becomes public content and that those users who receive access to your User Content may reproduce, prepare derivative works, distribute copies, perform, or publicly display your User Content in any medium and for any purpose, including commercial purposes.

  7. Other Users’ Content; Links. We take no responsibility for, we do not expressly or implicitly endorse, and we do not assume any liability for any User Content, submitted by you or others.  Shaper Sites, Services, or Products may contain links to third-party websites, advertisers, services, or other content that are not owned or controlled by Shaper. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third party site, service, or content from Shaper, you do so at your own risk and you agree that Shaper will have no liability arising from your use of or access to any third-party site, service, or content.

  8. Privacy.  Shaper collects information through the Shaper Sites, Services, and Products.  Shaper information collection and use is governed by the Shaper Privacy Policy, which is available at https://shapertools.com/privacy. By using the Shaper Sites, Services, or Products, you are accepting the terms in the Shaper Privacy Policy and consenting to the practices outlined therein.

  9. Intellectual Property. Shaper and its licensors own all intellectual property rights in the Shaper Sites, Services, and Products. The Shaper Sites, Services, and Products are protected by copyright, trademark, patent and other United States and foreign laws. These Terms of Service don't grant you any right, title or interest in the Shaper Sites, Services, or Products, Shaper trademarks, logos and other brand features, or any Shaper patents.  You will not use our copyrights or Trademarks or any confusingly similar marks, except as permitted by law or with our prior written permission.

  10. Copyright Policy. We respect the intellectual property of others and ask that you do too. Shaper will respond expeditiously to claims of copyright infringement committed using the Shaper Service or a Shaper website if such claims are reported to our Copyright Agent with the below information.  We reserve the right to delete or disable any content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:

    Copyright Agent
    legal@shapertools.com
    Shaper  Tools, Inc.
    274 Shotwell Street
    San Francisco, CA 94110

    If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please include the following information in any report of alleged copyright infringements. Upon receipt of notice as described below, Shaper will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.

        1. Identify the copyrighted work that you claim has been infringed.
        2. Identify the material you claim is infringing (or the subject of infringing activity), including the exact location where such material may be found.
        3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
        4. Include both of the following statements in the body of the notice:
          1. “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
          2. “I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
        5. Provide your full legal name and your electronic or physical signature.

  11. Feedback and other Submissions.  We're always working to improve our users' experience, and we appreciate hearing about your experience using our Products and Services.  However, Shaper does not accept or consider unsolicited ideas, including ideas for new or improved products or technologies, product enhancements, or materials.  If you submit feedback or suggestions about our Products or Services, regardless of what your submission may say, your feedback or suggestions are non-confidential and unsolicited, and we may use them without restriction or obligation to you.  This means that your submissions and their contents will automatically become the property of Shaper without any compensation to you, and Shaper may use or redistribute the submissions and their contents for any purpose and in any way.

  12. Limited Warranty and Disclaimer.

    1. Origin Limited Warranty. Shaper warrants the hardware and accessories included in the original packaging of Origin, and no other Products or Services, against defects in materials and workmanship when used as instructed in the manual and in accordance with these Purchase Terms and any other applicable terms of use, including the Shaper Terms of Service. Shaper does not warrant against normal wear and tear, items consumed or expended by their normal use, product misuse (such as operation of Origin in wet conditions), accidental damage (such as drops), or damage caused by modifications to the product.  Modification of the hardware or accessories, including but not limited to replacing parts, making permanent cosmetic changes to the machine, replacing the software or firmware, replacing the router spindle, or other unauthorized changes voids this Limited Warranty. This Limited Warranty covers the Shaper Origin for 12 months from the date purchaser takes possession of that Origin.  For the avoidance of doubt, this limited warranty will be VOID if you violate any applicable terms of use.  EXCEPT AS EXPRESSLY PROVIDED IN THE ORIGIN LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND SHAPER HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO ORIGIN, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
    2. Origin Limited Warranty Process. If you submit a valid claim under the Origin Limited Warranty, Shaper at its sole discretion will (1) provide you with detailed instructions and new or refurbished parts to repair the product; or (2) authorize your return of the product to Shaper for (i) repair with new or refurbished parts, (ii) replacement with a new or refurbished product that is equivalent to the product to be replaced, (iii) a refund of the purchase price, or (iv) in-kind or monetary compensation for minor damage or flaws in Origin as-received.  You must obtain prior authorization for your warranty claim before shipping any product to Shaper, provide (upon request) a copy of the email confirmation received upon purchase of the product, provide (upon request) proof of receipt, and satisfy all other terms and restrictions set forth in the Origin Limited Warranty. You must follow all instructions provided by Shaper at the time of your warranty claim; replacing parts or shipping the product without following those instructions will void this warranty. Origin will provide a prepaid shipping label and a Return Materials Authorization label that must be placed inside the box. Shaper will pay shipping costs to return repaired or replacement products. For repairs not covered by the Origin Limited Warranty, you are required to pay the cost of repair and shipping. To obtain service, contact Shaper at hello@shapertools.com.
    3. Other Products, Services, Sites. ALL OTHER SHAPER PRODUCTS, SERVICES SITES, ALL INCLUDED CONTENT, AND ANY OTHER OFFERINGS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  SHAPER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  Shaper does not warranty that the Services or Sites will be error free, or that access will be uninterrupted.

  13. Limitation of Liability.TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SHAPER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE SITES, SERVICES, OR PRODUCTS THESE TERMS OF SERVICE, OR YOUR USE OF OR INABILITY TO USE ANY OF THE SITES, SERVICES, OR PRODUCTS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SHAPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT WILL SHAPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO SHAPER FOR ACCESS TO AND USE OF THE SITES, SERVICES, AND PRODUCTS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100 (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
  14. Indemnification. You agree to indemnify and hold harmless Shaper Tools, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of (a) your access to, use of, or misuse of, the Sites, Services, or Products, in a way that is harmful to others; (b) your violation of any portion of these Terms of Service, any representation, warranty, or agreement referenced in these Terms of Service, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right of publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
  15. Dispute Resolution.Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Shaper and limits the manner in which you can seek relief from us.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.  If you do not agree with this Arbitration Agreement, you should cease use of Shaper’s Sites, Services, and Products immediately.
    1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating to your use of the Services or Products, or these Terms of Service, including this Arbitration Agreement, will be resolved by binding arbitration, rather than in court, except as set forth in the Exceptions to Arbitrate section below.  You and Shaper hereby waive any constitutional or statutory rights to sue in court and have a trial in front of a judge or jury.
    2. NO CLASS ACTIONS. You may only resolve disputes with Shaper on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
    3. Arbitration Rules, Forum, and Fees. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be conducted by JAMS, and subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, or JAMS’s most current version of the Streamlined Arbitration Rules and Procedures if the dispute involves claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Shaper will pay them for you. In addition, Shaper will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Shaper will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
    4. Exceptions to Arbitrate. Either you or Shaper may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and you or Shaper may bring a lawsuit solely for injunctive relief to stop infringement or other misuse of intellectual property rights.
  16. Changes. Shaper expressly reserves the right, at any time and without notice, to discontinue the production or change the specifications of any of the Sites, Services, or Products.
  17. Modification of these Terms of Service. These Terms of Service are subject to occasional change or update. Whenever the Terms of Service are materially changed, we will notify you, and the change will take effect 30 calendar days after notice is posted for existing users and immediately for new users. You are responsible for keeping your contact information up to date if you wish to receive notice of these changes. If you do not want to be subject to any changes in these Terms of Service, you must discontinue using our Services and Products before the change takes place. Continued use will serve as an acceptance of the changed Terms of Service.
  18. Entire Agreement. These Terms of Service, the Shaper Privacy Policy, and the Purchase Terms represent the entire agreement governing your use of our Services and Products, and any prior agreements have no force or effect.  These Terms of Service create no third party beneficiary rights.
  19. Termination; Survival.  Shaper Tools may terminate your access to all or any part of the Shaper Sites, Services, or Products at any time, with or without cause or notice to you. You may terminate your account at any time by contacting customer service at hello@shapertools.com. Upon termination, you will continue to be bound by Sections 4-6, 9, 11-15, and 19-21 of these Terms of Service.
  20. Severability. If for any reason a court of competent jurisdiction finds any portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.  For the avoidance of doubt, if any part or parts of the Arbitration Agreement are found, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
  21. Controlling Law and Venue. These Terms of Service will be governed by California law except for its conflicts of laws principles.  To the extent the parties are permitted under these Terms of Service to initiate litigation in a court, both you and Shaper agree that all claims and disputes arising out of or relating to these Terms of Service will be litigated exclusively in the state or federal courts located in San Francisco, California, U.S.A.

Privacy Policy

Last Updated: June 4th, 2018

This Privacy Policy describes how Shaper Tools, Inc. (“Shaper,” “we” or “us”), a Delaware corporation headquartered in California, will handle any data it collects about you as you use Shaper sites (“Website” or “Site”), Shaper services (“Services”), or Shaper products (“Products”). It describes what data will be collected, how Shaper will use it, and what your choices are regarding your data. By visiting and using our Site, Services or Products, you are accepting the terms in this policy and consenting to the practices outlined within.

As always, if you have any questions you can always email us for a clarification at hello@shapertools.com.

INFORMATION WE COLLECT

There are different ways that Shaper may collect information about you.

When you visit a Site, or use Services or Products.  We collect information on visitors to our Sites, such as the browser type they are using, where they navigate or click, the time of their visit, their IP address, how they came to the Site (e.g. from a search engine, including what terms they may have used in their search), and their approximate location in the world.  Our site uses cookies to aid in collecting information. Cookies create a unique ID per user that is transmitted to Shaper when the user uses some portion of the Site. In addition to our own cookies, the Site uses cookies from third party vendors such as Google Analytics.

We also collect information when users interact with our Services or Products, for example Origin collects information on its operation including the path of a cut, what design it was using, which user account is logged in, and IP address.  This information can be transmitted to Shaper from a Product.

Analytics Services.  Shaper uses the analytics services of various third party vendors including Google Analytics, Facebook Pixel Tracking, and MailChimp.  You should refer to the privacy policy documents of these analytics providers for more information on how they collect data and what your choices are in regards to data collected about you.

Advertising Services.  Shaper also uses the advertising services of various third party vendors including Facebook and Google.  Some of these advertising services collect information from the Sites, including through pixel tags and cookies, such as a user’s patterns of activity on the Sites, IP address, and time of visit. This information can be used by Shaper or the vendor to help target advertising. You should refer to the privacy policy documents of these advertising providers for more information on how they collect data and what your choices are in regards to data collected about you.

When you provide information to us.  We generally keep records of information you choose to provide to us, for example if you send us an email, provide feedback, apply for a job, purchase a product, add your name to our mailing list, or follow us on social media. These records may include personally identifying information about you, such as your name, email address, shipping information, or other data you provide. If you submit feedback or suggestions about our Products or Services, regardless of what your submission may say, your feedback or suggestions are non-confidential and unsolicited, and we may use them without restriction or obligation to you.

HOW WE USE COLLECTED INFORMATION

Bases for processing your data. The information collected by Shaper is generally used to help us provide, improve, and secure our products. This may include providing or improving our Sites, Products, or Services; processing and shipping orders; providing customer service, including responding to requests or questions; communicating with you and other users on our forum; running contests and delivering contest prizes; contacting you for confirmation of your email address, feedback, information about offers, news, or promotions from us or our partners, or notifications about our Products or Services; marketing our Products or Services, including improving our marketing materials; and investigating and deterring fraud or illegal activity.  We may also anonymize data by removing identifying information and then use that anonymized data for other purposes. Shaper reserves the right to use and disclose anonymized information for any purpose.

Around the world.To provide you with the Services, we may store, process, and transmit information in the United States and locations around the world - including those outside your country.

WHO WE SHARE YOUR INFORMATION WITH

Shaper’s service providers. Shaper uses certain trusted third parties (for example, providers of customer support and IT services) to help us provide, improve, protect, and promote our products and services. These third parties may process, store, or transmit information outside the United States.  These third parties will access your information only to perform tasks on our behalf in compliance with this Privacy Policy, and we'll remain responsible for their handling of your information in accordance with our instructions.

As instructed by you through our Services or Products. Some of our Services or Products may facilitate your sharing information with other users, such as through comments on the Shaper community forum, or content purchases from third party providers.  Please think carefully about what you share with whom.

Social Media. When you interact with us on social media, the relevant social media platform will have access to information that you provide, and each of these platforms has its own privacy policy.  You should also be aware that any information you share via social media channels may be accessible to the general public (depending on your settings), and anyone may collect and store that data.

Law & order. We may disclose your information to third parties if we determine that such disclosure is reasonably necessary to (a) comply with the law; (b) protect any person from death or serious bodily injury; (c) prevent fraud or abuse of Shaper or our users; or (d) protect Shaper’s property rights.

With your permission. Sometimes we may encounter a situation in which it makes sense for you to ask us, or for us to ask for permission, to share your information with other third parties.  We’ll only do so if you agree.

Successors. If we are involved in a reorganization, merger, acquisition or sale of our assets, your information may be transferred as part of that deal. We will notify you of any such deal and outline your choices in that event.

CHOICES YOU HAVE ON HOW SHAPER HANDLES YOUR INFORMATION

Emails. Email is the primary means of communication Shaper will use to reach you, and you are free to opt out of email communications using the Unsubscribe link contained in these communications. Opting out of promotional emails may still mean that you will receive emails related to providing services to you as an individual.

Cookies. The Site uses cookies to improve user experience and to help Shaper collect information about how the site is being used. You can change the settings of your browser to prevent the use of cookies. However, this may negatively impact your experience of the Site or the Site’s functionality.

Your Right to Control and Access Your Information. You may contact us at hello@shapertools.com to ask us to delete your personal information or to review or update the information we hold about you. Deletion of your personal information may impact your use of our Services or Products.

SECURITY

While no system for protecting information is perfectly secure, Shaper will take all reasonable steps to protect your information. However, we cannot guarantee the security of your information held by Shaper and you accept that risk by using our Sites, Products, and Services.  If you have any questions about our policy or security, you can write us at hello@shapertools.com.

MINORS

Our Site, Services and Products are not intended for minors under the age of 13, and Shaper will not intentionally collect any information about minors and will endeavor to delete information that is unintentionally collected. If you realize that a minor has provided us with information you may contact us at hello@shapertools.com and we will remove it.

THIRD PARTY ADVERTISERS

The technologies that Shaper uses, as described in Information We Collect, are commonly used by third party advertisers such as Facebook to collect information about a user to target ads on their own platform more directly. Shaper is not responsible for their use of the information they are able to collect on Shaper’s Sites using these technologies. You may learn more about the way information is collected and what choices you have here:http://www.aboutads.info/choices. You may also read the privacy policies of these third party advertisers and advertising services.

"DO NOT TRACK" SIGNALS

This Site does not support or recognize “do not track” signals or other means of opting out of tracking.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy is subject to occasional change or update. Whenever the Policy is materially changed, we will notify you, and the change will take effect 30 calendar days after notice is posted for existing users and immediately for new users or existing users who accept any Shaper terms of service incorporating this Privacy Policy after the update. You are responsible for keeping your contact information up to date if you wish to receive notice of these changes. If you do not want to be subject to any changes in this Privacy Policy, you must discontinue using our Sites, Services and Products before the change takes place. Continued to use will serve as an acceptance of the changed Privacy Policy.

QUESTIONS

If you have any questions about our Privacy Policy, you can write us at hello@shapertools.com. If we can’t answer your question, you have the right to contact your local data protection supervisory authority.

Purchase Terms and Conditions

Last Updated: January 11th, 2018

These terms and conditions (the “Purchase Terms”) govern purchases (each an “Order”) of the Shaper Origin and other products (each a “Product”) from Shaper Tools, Inc. (“Shaper,” “we” or “us”). Please read these Purchase Terms carefully before submitting your Order for the Product. By submitting your Order, you agree to be legally bound by these Purchase Terms.

    1. Purchase and Acceptance. Each Order you submit for a Product constitutes an offer to purchase that Product. Orders are subject to Shaper’s acceptance and may be rejected at any time prior to shipping and for any reason at Shaper’s discretion. If Shaper rejects your offer, Shaper will refund the Purchase Price (defined below). If it chooses to do so, Shaper will accept your offer by sending an email to the email address you provided, notifying you when you Product is expected to ship.
    2. Eligibility. By placing an Order, you represent and warrant to us that:
      1. you are at least 18 years old,
      2. you are purchasing the Product for use only in the United States, and
      3. if you are placing an Order on behalf of an organization of any kind, you have the authority to, and do in fact, bind that organization to these Purchase Terms.
    3. Payment. You agree to be charged the purchase price for the Product, including estimated shipping costs and taxes (the “Purchase Price”) at the time you place your Order.
    4. Specifications; Refunds. You acknowledge and agree that the specifications for Products may change prior to shipping. If you request a refund before we accept your Order, we will refund the Purchase Price. Once we have accepted your offer, our refund policy allows you to return Origin up to 14 days after you receive your Origin for a full refund, minus shipping fees. In addition, we provide a limited warranty (see Section 12).
    5. Shipping. We will provide an estimated date that your batch of Orders will start shipping on our Order page when you place your Order, however any batch or Product shipment dates are estimates only and the actual shipping date may vary. During any period of shortage, Shaper may allocate its supply of the Product in any manner Shaper deems appropriate.
    6. Transfer of Risk and Title. Shaper will attempt in good faith to deliver the Product, but Shaper will not be responsible or liable for any delays or failure in such delivery.  Risk of loss of the Product passes to you on Shaper’s delivery of the Product to the carrier, and you are responsible for any loss or damage to the Product from that point. If you experience issues with your shipment, such as damages or lost packages, please contact hello@shapertools.com and we will work with you to file a claim with the shipping company or otherwise resolve your issues.
    7. Taxes. Except in the case of sales tax for residents of the State of Massachusetts, U.S.A., State of California, U.S.A., and the City and County of San Francisco, California, U.S.A., all import duties, taxes, and other charges are not included in the Purchase Price. These charges are your responsibility.
    8. Export; Compliance with Law. You represent that the Product you have offered to purchase is for your own use and not for resale, and that you will not export, re-export, or transfer indirectly or directly any Product outside of the United States. Without limiting the immediately preceding sentence, you agree that you will use the Product only as permitted by applicable law, including export control laws and regulations.  Use of the Product may be subject to local laws, regulations, and ordinances in your jurisdiction, including air quality laws, noise control laws, and other health and safety laws, and it is your responsibility to determine whether your use of the Product complies with local laws, regulations, and ordinances. If you do not have sufficient information to determine whether your use of the Product will comply with all applicable laws, regulations, and ordinances, then you should not place an Order for the Product.
    9. Terms of Use. You must use the Product in strict accordance with the Product Manual and any other user documentation provided with the Product.  In addition, certain product features require the use of software services and websites provided by Shaper (“Shaper Services”). Some Shaper Services require an active internet connection and account, and Shaper may collect information about Product use through Shaper Services and that internet connection.  Use of the Shaper Services is subject to the Shaper Terms of Service located at https://shapertools.com/terms, and information collection by Shaper is governed by the Shaper Privacy Policy located at http://www.shapertools.com/privacy.  If you choose not to use the Shaper Services, violate the Shaper Terms of Service, or do not have an available internet connection, you may not be able to use the Product or certain features of the Product.
    10. Intellectual Property. Shaper and its licensors own all intellectual property rights in the Product. The Shaper Services and Products are protected by copyright, trademark, patent and other US and foreign laws. These Purchase Terms don't grant you any right, title or interest in the Shaper Services, Shaper trademarks, logos and other brand features, or any Shaper patents.  Your use of the Product will be subject to the Shaper Terms of Service and other additional license terms and restrictions that will be provided together with the Product. Shaper reserves all rights in and to the Products not granted expressly in these Purchase Terms, the Shaper Terms of Service or other additional license terms.
    11. Feedback and other Submissions.  We're always working to improve our users' experience, and we appreciate hearing about your experience using our Products and Services.  However, Shaper does not accept or consider unsolicited ideas, including ideas for new or improved products or technologies, product enhancements, or materials.  If you submit feedback or suggestions about our Products or Services, regardless of what your submission may say, your feedback or suggestions are non-confidential and unsolicited, and we may use them without restriction or obligation to you.  This means that your submissions and their contents will automatically become the property of Shaper without any compensation to you, and Shaper may use or redistribute the submissions and their contents for any purpose and in any way.
    12. Limited Warranty and Disclaimer.
      1. Origin Limited Warranty.  Shaper warrants the hardware and accessories included in the original packaging of Origin, and no other Products or Services, against defects in materials and workmanship when used as instructed in the manual and in accordance with these Purchase Terms and any other applicable terms of use, including the Shaper Terms of Service. Shaper does not warrant against normal wear and tear, items consumed or expended by their normal use, product misuse (such as operation of Origin in wet conditions), accidental damage (such as drops), or damage caused by modifications to the product.  Modification of the hardware or accessories, including but not limited to replacing parts, making permanent cosmetic changes to the machine, replacing the software or firmware, replacing the router spindle, or other unauthorized changes voids this Limited Warranty. This Limited Warranty covers the Shaper Origin for 12 months from the date purchaser takes possession of that Origin.  For the avoidance of doubt, this limited warranty will be VOID if you violate any applicable terms of use.  EXCEPT AS EXPRESSLY PROVIDED IN THE ORIGIN LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT GUARANTEED WARRANTY OF ANY KIND, AND SHAPER HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH RESPECT TO ORIGIN, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
      2. Origin Limited Warranty Process. If you submit a valid claim under the Origin Limited Warranty, Shaper at its sole discretion will (1) provide you with detailed instructions and new or refurbished parts to repair the product; or (2) authorize your return of the product to Shaper for (i) repair with new or refurbished parts, (ii) replacement with a new or refurbished product that is equivalent to the product to be replaced,  (iii) a refund of the purchase price, or (iv) in-kind or monetary compensation for minor damage or flaws in Origin as-received.  You must obtain prior authorization for your warranty claim before shipping any product to Shaper, provide (upon request) a copy of the email confirmation received upon purchase of the product, provide (upon request) proof of receipt, and satisfy all other terms and restrictions set forth in the Origin Limited Warranty.  You must follow all instructions provided by Shaper at the time of your warranty claim; replacing parts or shipping the product without following those instructions will void this warranty. Origin will provide a prepaid shipping label and a Return Materials Authorization label that must be placed inside the box. Shaper will pay shipping costs to return repaired or replacement products. For repairs not covered by the Origin Limited Warranty, you are required to pay the cost of repair and shipping. To obtain service, contact Shaper at hello@shapertools.com.
      3. Other Products, Services, Sites. ALL OTHER SHAPER PRODUCTS, SERVICES SITES, ALL INCLUDED CONTENT, AND ANY OTHER OFFERINGS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  SHAPER SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.  Shaper does not warranty that the Services or Sites will be error free, or that access will be uninterrupted.
    13. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL SHAPER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE ORDER, THE PRODUCT, ANY SERVICES, THESE PURCHASE TERMS, OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SHAPER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL SHAPER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE GREATER OF: (1) THE AMOUNT YOU HAVE PAID TO SHAPER FOR ACCESS TO AND USE OF THE SHAPER SITES, SERVICES, OR PRODUCTS IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (2) $100 (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
    14. Dispute Resolution. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Shaper and limits the manner in which you can seek relief from us.  YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.  If you do not agree with this Arbitration Agreement, you should not place your Order, or cancel it immediately.
      1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating to your use of the Products or Services, or these Purchase Terms, including this Arbitration Agreement, will be resolved by binding arbitration, rather than in court, except as set forth in the Exceptions to Arbitrate section below.  You and Shaper hereby waive any constitutional or statutory rights to sue in court and have a trial in front of a judge or jury.
      2. NO CLASS ACTIONS. You may only resolve disputes with Shaper on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
      3. Arbitration Rules, Forum, and Fees. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.  The arbitration will be conducted by JAMS, and subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, or JAMS’s most current version of the Streamlined Arbitration Rules and Procedures if the dispute involves claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Shaper will pay them for you. In addition, Shaper will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Shaper will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
      4. Exceptions to Arbitrate. Either you or Shaper may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and you or Shaper may bring a lawsuit solely for injunctive relief to stop infringement or other misuse of intellectual property rights.
      5. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Shaper.
    15. Modification of these Purchase Terms. Shaper reserves the right, at its discretion, to change these Purchase Terms on a going-forward basis at any time. If a change to these Purchase Terms materially modifies your rights or obligations, we will notify you, and moving forward with your Order will constitute acceptance of the new terms. Immaterial modifications are effective upon publication. Disputes arising under these Purchase Terms will be resolved in accordance with the version of these Purchase Terms that was in effect at the time the dispute arose.
    16. Entire Agreement. These Purchase Terms, the Shaper Privacy Policy, and the Shaper Terms of Service, represent the entire agreement governing your Order of the Product, and any prior agreements have no force or effect.  These Purchase Terms create no third party beneficiary rights.
    17. Severability. If for any reason a court of competent jurisdiction finds any portion of these Purchase Terms to be unenforceable, the remainder of these Purchase Terms will continue in full force and effect.  For the avoidance of doubt, if any part or parts of the Arbitration Agreement are found, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
    18. Controlling Law and Venue. These Purchase Terms will be governed by California law except for its conflicts of laws principles.  To the extent the parties are permitted under these Purchase Terms to initiate litigation in a court, both you and Shaper agree that all claims and disputes arising out of or relating to these Purchase Terms will be litigated exclusively in the state or federal courts located in San Francisco, California, U.S.A.

Acceptable Use Policy

Last Updated: January 11th, 2018

By using the Shaper Sites, Services, or Products, you agree not to do any of the following.  If you violate this Acceptable Use Policy, Shaper may revoke your access to its products or services or take any other action it deems necessary.

  1. use the Sites, Services, or Products for any illegal purpose or in violation of any local, state, national, or international law;
  2. use the Sites, Services, or Products to design or manufacture any dangerous or illegal material, or in any way that may cause physical harm to a person or animal or damage any property;
  3. use the Sites, Services, or Products other than intended as described in relevant manuals or use instructions from Shaper;
  4. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
  5. post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  6. interfere with security-related features of the Service, including by: (a) disabling or circumventing features that prevent or limit unlicensed use or copying of any content; or (b) reverse engineering or otherwise attempting to discover the source code of any portion of the Sites, Services, or Products except to the extent that the activity is expressly permitted by applicable law; or (c) attempting to interact with the Sites, Services, or Products in a way not authorized by the Terms of Service available at https://shapertools.com/terms;
  7. interfere with the operation of the Sites, Services, or Products or any user’s enjoyment of the Sites, Services, or Products, including by: (a) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (b) making any unsolicited offer or advertisement to another user of the Service; (c) attempting to collect personal information about another user or third party without consent; or (d) interfering with or disrupting any network, equipment, or server connected to or used to provide the Sites, Services, or Products, or violating any regulation, policy, or procedure of any such network, equipment, or server;
  8. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Shaper user account without permission, providing incorrect information when creating or modifying a Shaper user account, or falsifying your age or date of birth;
  9. sell or otherwise transfer the access to the Sites, Services, or Products or any right or ability to view, access, or use any material available via the Sites, Services, or Products, except as expressly permitted by the Terms of Service;
  10. use an account to access any Offering without express permission from the owner of that account;
  11. use, evaluate, view, or copy any Offering, including any source code or user interface, in whole or in part, in order to compete with Shaper; or
  12. attempt to do any of the acts described in this Acceptable Use Policy, create tools to facilitate the acts described in this Acceptable Use Policy, or assist or permit any person in engaging in any of the acts described in this Acceptable Use Policy.