Terms of Service
Terms of Service
Welcome to Gildform! Our app connects every element of the jewelry manufacturing supply chain-transforming the way fashion brand owners run their businesses. We’re perfecting manufacturing, and empowering jewelry designers worldwide.
In these terms we may refer to (i) a designer of items or 3-dimensional CAD files as the “designer” or “you”; (ii) a buyer of items as the “buyer” or “you”; (iii) Gildform as “Gildform”, “us”, or “we”; (iv) Gildform.com as the “website”, the Gildform app as the “app” and either or both of the website and the app, along with any back-end databases, algorithms or processes as the “platform”; and (v)Gildform’s role in providing the platform to designers and any ancillary or related services, including accepting item designs for manufacturing, processing of orders, the manufacturing of items, and shipping items to designers as the “service”.
We may change these terms from time to time by publishing the amended terms on this page. All changes will become effective the date that they are posted. If you have any questions about our company, the Gildform platform, our services, or about these terms, please contact us at: Hello@Gildform.com or on the website via chat and other available messaging options.
GILDFORM for Designers.
- Registration. Designers must register a “Designer” account on the platform before the designer may upload any design files to the platform. Registering a Designer account is free, however, we require a valid credit card account to be associated with the Designer account and we may process a temporary funds reservation to validate the card at the time of account registration.
- Uploading your designs. Designers may upload design files to the platform in any of the following formats: .obj, .stl, .gltf, we recommend using .obj or .stl for best results. After your file has been accepted for upload, it will be evaluated by one of our engineers to confirm that it is possible to manufacture as designed.
- Design evaluation. Designs will be evaluated and assessed to determine the design viability for production. This may include tolerances, gaps, dimensions, thickness of materials, etc. necessary to facilitate a Gildform quality production piece. We may reject any design that we deem, at our sole discretion, to not be production quality viable.
- Design rejections. We reserve the right to refuse service to or terminate service for anyone at any time without notice for any reason. We retain the right to review and refuse any order when it, in our sole and exclusive discretion, appears to infringe third party intellectual property rights, or in our discretion the 3D Model is obscene or deemed to be a weapon or weapons component. If we determine that your model violates these policies prior to printing, we will refuse to print the model and issue a refund. If we determine that your model violates this policy after it has been printed, we will not ship the model and may not issue you a full refund.
Handling disputes. We encourage designers to communicate via Hello@Gildform.com or on the website via chat and other available messaging options with any questions or uncertainties prior to placing an order through the platform. All disputes should be timely submitted via Hello@Gildform.com and we will endeavor to respond within 48 hours regarding any dispute.
- Changes to the service; price changes. Gildform reserves the right to modify or discontinue any service (or any part thereof) at any time with or without notice. Prices of precious metals are calculated by weight or volume and updated regularly in accordance with spot market prices as of the time an order is placed and paid in full. Prices of all services are subject to review and change prior to production, any changes to quoted pricing or delivery dates will be communicated via email. Such notice may be provided at any time by posting the changes to the platform. Gildform shall not be liable to you or to any third party for any changes, modifications or cancellation of the service.
- Misconduct and consequences. If you disrespect us or other users in your use of the platform, or by your conduct related to the service or the larger Gildform community, we may suspend or terminate your user or designer account and your access to the platform. Conduct which may lead to suspension or termination includes: abuse of other platform users; infringement of the intellectual property rights of others, failure to pay fees when due; misuse or abuse of the platform interfaces. This is not an exhaustive list and you acknowledge that we may terminate, suspend or restrict your access to the platform without notice at any time at our absolute discretion.
- Intellectual property rights.
- Designer Intellectual Property
As a designer, you retain all your intellectual property rights in the design files that you upload to the platform. By uploading your design file to the platform, you represent and warrant to us that you have all necessary rights to upload the design file and that by doing so you are not infringing the rights of any third party. You further represent and warrant that you have all necessary rights and permissions to grant us the licenses described below without violation of any third party rights, including without limitation, any copyrights, trademarks, contract rights, author’s or moral rights, publicity rights, or any other rights or claims that may be asserted by any person anywhere in the world. You agree that we have the right to review all designs uploaded to the platform and that we may, in our sole discretion, reject or delete or refuse to produce a physical manifestation of any design that in our sole judgement appears to infringe any third party rights.
By uploading your design to the platform, you grant Gildform a non-exclusive, worldwide, royalty-free, transferable, sublicensable right and license (i) to store your design on the platform; (ii) to display rendered images of your design for viewing by you and other users of the platform, and in digital, printed or physical marketing materials to be used for advertising or promoting the platform to the public, so long as we credit you for ownership of the design; (iii) to use your design to manufacture physical manifestations of the design to fulfill your order.
You may terminate all of the foregoing licenses (i) as to a single design you uploaded, by deleting that design from the platform; or (ii) as to all designs you have uploaded, by deleting your designer account from the platform; provided, however, that such termination shall not revoke our license to use and distribute physical manifestations or printed renders of your design in physical marketing materials that have already been produced at the time your termination occurs.
- Gildform Intellectual Property
The website, the app, the service and the platform are licensed by or property of Gildform and are protected throughout the world by copyright, trademark and other property rights. The Gildform name is a registered US trademark of Casting de Khrysopoeia, Inc., a Delaware corporation DBA Gildform. The images rendered from design files published on the platform may be subject to additional protections by the designer who uploaded the file and may not be used without permission of the designer. Content published on the platform may not be reproduced without our prior written consent. We may modify any content published on the platform (including any uploaded design files) without notice to you and for any reason, at any time, at our sole discretion. You shall not use the Website or its contents in any jurisdiction where its contents or use is restricted or prohibited by law. You shall not use the Website for any purpose other than learning about Company, ordering and using its products and services, or maintaining Your customer account. All rights not expressly granted to You are reserved by Company and/or its licensors. You hereby grant Gildform, a limited, non-exclusive, non-transferable, royalty free, worldwide license to use Your logo on Our Website, blog posts and in other marketing materials. Any communication or material that You transmit to this site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While You retain all rights in such communications or material, You grant Us and Our agents and affiliates a non-exclusive, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used. Please do not submit confidential or proprietary information to Us unless We have mutually agreed in writing otherwise. If you’d like to request a mutual NDA please contact us at email@example.com
- Third-party Intellectual Property and takedown requests
If you believe that a design or any other content on the platform infringes your intellectual property rights, you may send us a notification and ask us to remove the design. For the purpose of the Digital Millennium Copyright Act, the address for our Designated Agent to receive notifications is:
4892 Grand River Ave.
Detroit, MI 48208
Phone (313) 656-4722
We will not execute a takedown unless your notice contains all of the elements required by Section 512 (c) of the Digital Millennium Copyright Act:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence (send us the URL and if possible a screenshot);
- Contact information for you, including address, telephone number and, if available, e-mail address;
- A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided in the notification is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
When removing content from the platform, we will make reasonable attempts to inform the designer of the reason for the removal and may provide the designer with a copy of the notice we received. If we have produced a physical manifestation of a design that was subject to a takedown request, and the object is still in our possession, we reserve the right to destroy the object and cancel the order.
We will attempt to notify you if one of your designs has been removed from the platform as a result of a takedown notice. If you believe that removal was improper, you may submit a counter-notice disputing the takedown. We recommend that you contact us (or an attorney) if you have questions about how to accomplish this.
- Privacy and personal information. Your use of the platform and the service will generate certain information that may be recorded by us or one of our partners because it is necessary to enable or improve the service. Information of this type may include, for example, your IP address and the type of web browser or mobile device you are using to access the platform. If you place an order, or if you register an account on the platform, we may also record personally identifying information including your name, email address, telephone number, shipping address, or other similar details. By using the platform you acknowledge that we, our employees, partners, contractors and agents may use or disclose any of the information we collect for purposes that are consistent with fulfilling all services provided by Gildform.
- Warranty and Disclaimer. Gildform guarantees that the descriptions of the materials we use to manufacture items will be accurate as to the composition of the materials. That is, if the description says that an item is solid 24k gold, we guarantee that’s how we make it. Other than material composition, we do not provide any warranties or make any representations to designers about any items offered on the platform. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE PLATFORM AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). GILDFORM EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. YOUR ACCEPTANCE OF THIS WARRANTY DISCLAIMER IS A MATERIAL CONSIDERATION GIVEN IN EXCHANGE FOR GILDFORM ALLOWING YOU TO ACCESS THE PLATFORM AND SERVICE. YOU ELECT TO USE THE SERVICE SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnity. You agree to defend, indemnify, and hold harmless Gildform and our employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of the services, the platform, any design files accessed through the platform, your violation of these terms, or infringement by you or any third party acting through your account, of any intellectual property or other right, claim or action, including but not limited to personal injury or property damage of any person. We reserve rights to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to assist and cooperate with us in any available defenses.
- Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER GILDFORM NOR OUR EMPLOYEES, CONTRACTORS, AGENTS OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL GILDFORM’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF FIVE HUNDRED ($500) US DOLLARS (USD) OR THE AMOUNT YOU PAID GILDFORM IN THE PAST TWO MONTHS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES- IF YOU LIVE IN SUCH A JURISDICTION THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- Miscellaneous. We may change these terms from time to time without advance notice. All transactions on the service are subject to the terms in effect at the time the transaction occurs. All notices under these terms shall be in writing and sent by certified or registered mail, return receipt requested or nationwide overnight courier service and will be deemed given when received. The United Nations Convention on the International Sale of Goods shall not apply to the service, the platform, or any physical objects produced by Gildform pursuant to the service. Gildform shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, material, electronic or communications failure; we will use commercially reasonable efforts to communicate such service interruptions if they occur. These terms are not assignable, transferable or sublicensable by you. We may assign, transfer or delegate any of our rights and obligations under the service or these terms. These terms and the service shall be governed by the laws of the state of Michigan, USA without regard to the conflicts of law principles. Any and all disputes arising from these terms or the service shall be brought in the federal and state courts located in Detroit, Wayne County, Michigan, USA.