Last Updated August 5th, 2026
Welcome to Summon Worlds®!
Thanks for using Summon Worlds® (including its mobile application, website, web-based applications, and any other tools, products, or services that link to or reference these Terms) (collectively, the “Services”). The Services are provided by OPENFORGE, LLC. (“OpenForge,” “we,” “our,” or “us”), located at 40 E. Montgomery Ave, 4th Floor – ATTN Weller, Ardmore, PA 19003. By using the Services, you are agreeing to these Terms of Service (“Terms”). Please read them carefully. The Services are very diverse, so sometimes additional terms or product requirements may apply. If additional terms or conditions are available with or applicable to the relevant Services, then those additional terms become part of your agreement with us if you use those Services. By accessing or using the Services, you intend and agree to be legally bound by these Terms. You may wish to print or save a local copy of the Terms for your records.
Please read these terms carefully, as they include important information about your legal rights. If you do not fully understand or agree to these terms, do not use the Services.
YOU ACKNOWLEDGE AND AGREE THAT THESE TERMS OF SERVICE LIMIT OUR LIABILITY AND THAT YOU ARE RELEASING US FROM VARIOUS CLAIMS IN SECTION 9 BELOW. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION IN SECTION 14 THAT AFFECT YOUR RIGHTS UNDER THESE TERMS WITH RESPECT TO THE SERVICES.
Definitions
“Application” means the Summon Worlds® mobile application, website, web-based applications, and any other interfaces through which the Services are offered.
“Content” means all text, graphics, images, audio, video, and other materials available on or through the Services, excluding Your Data.
“Your Data” means any information, text, images, audio, or other materials submitted by you to the Services.
“Account Deletion Request” means a request by a User to delete or close their account and/or delete personal data associated with their account.
“Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked (directly or indirectly) with a particular individual, as defined by applicable privacy laws.
“De-Identified” or “Anonymized” means modified so that it does not identify a User and is not reasonably linkable to a User, including by removing or replacing identifiers such as username, user ID, email address, profile image, or other account identifiers.
“Coupon” means a unique code or voucher provided by OpenForge that entitles the User to specified discounts, offers, or benefits, subject to the terms applicable to such Coupon.
“Dispute” has the meaning set forth in Section 14(b) and includes any claim or controversy related to the Services, the Software, or these Terms.
“Mature” or “NSFW Content” means content that includes explicit sexual activity or nudity intended for an adult audience, erotic language, or graphic violence, as further described in Section 1.1.
“OpenForge,” “we,” “us,” or “our” means OPENFORGE, LLC.
“Product” means any paid feature, digital content, virtual goods, or service offered for sale through the Application.
“Reports” means anonymized, aggregated, or summary analyses of how users use the Services, as described in Section 2.
“Services” means the Summon Worlds® platform, including its mobile application, website, web-based applications, and any other tools, products, or services that link to or reference these Terms.
“Software” means the server-side and client-side software programs provided by OpenForge or its licensors that power the Services.
“Subscription” means a recurring payment arrangement under which a User receives continuous or periodic access to a Product or the Services.
“Third‑Party Content” means content provided by parties other than OpenForge, including advertisers, sponsors, other users, or licensors.
“Terms” means these Terms of Service, including any additional terms and conditions incorporated herein.
“Virtual Currency” means any digital tokens or credits purchasable and usable solely within the Application, non-tradable and non-redeemable outside the Services.
“World” means a digital space created within the Services that contains locations, characters, items, lore, or other content.
“World Owner” means the User who created a World or who otherwise has primary administrative control over a World.
“Shared World” means a World that has been designated by the World Owner as collaborative or that allows more than one User to contribute content.
“Contributor” means any User who adds, submits, edits, or otherwise contributes content to a World they do not solely own, regardless of role, permission level, or title assigned within the Application.
“Contribution” means any text, images, characters, locations, items, lore, AI-generated content, or other materials submitted by a Contributor to a Shared World.
“Shared Content” means all Contributions and other content contained within a Shared World.
1. Eligibility & Age Restrictions
You must be at least 13 years old to use the Services. By using the Services you represent and warrant that you are at least 13 years old and meet this requirement.
Certain “Mature” or “NSFW” features (that may contain erotic, violent, or graphic language) are available only to users 18 or older. By opting into any Mature content mode, you represent that you are at least 18 years old or older, and that you meet all legal requirements to access said content. Your use of the Services and the Mature/NSFW features represents and warrants that you are 18 years of age or older and are legally able to use said content.
We do not knowingly collect personal information from children under 13. If you learn we have inadvertently done so, please contact us at [email protected] and we will delete that data.
Minors (13–17) may only use the Services under parental or adult supervision and may not use the “Mature” or “NSFW” features.
1.1 Mature & NSFW Content Controls
Definition. For these Terms, “Mature” or “NSFW” content includes explicit sexual activity or nudity intended for an adult audience, erotic language, or graphic violence.
Opt‑In & Re‑Verification. Users must be at least 18 to enable NSFW mode. When you toggle NSFW mode on, you will be prompted to confirm “I am 18 years or older.”
Prohibited Content. Any depiction of minors in sexual contexts is strictly forbidden. Such content will result in immediate account termination and, if required by law, referral to the appropriate authorities.
Reporting & Takedown. Users may report NSFW material they believe violates these Terms or applicable law via in‑app “Report” tools or by emailing [email protected]. We will review and, if warranted, attempt to remove the reported content within 48 hours.
App‑Store Ratings. We comply with Apple’s “17+” and Google Play’s “Teen” content‑rating guidelines. We reserve the right to further restrict or remove features to maintain compliance with platform policies or local law.
2. Data That You Submit (“Your Data”)
You represent and warrant that you have all rights, permissions, and consents necessary to provide any information that you provide to us for use in the Services (collectively, “Your Data”). You are solely responsible for Your Data. We do not endorse, verify, or guarantee the accuracy of any user-generated content submitted through the Services. We are a provider of interactive computer services under 47 U.S.C. § 230. As such, we are not responsible for content submitted by users.
Ownership of Your Data
You retain all right, title, and interest in and to any intellectual property rights you hold in Your Data. In short, what belongs to you stays yours.
License Grant for Service Delivery
By submitting or uploading Your Data to the Services, you grant OpenForge a perpetual, irrevocable, transferable, sublicensable, royalty‑free, worldwide license to use Your Data as necessary to:
provide, operate, host, store, reproduce, modify (for technical compatibility), transmit, display, publish, and distribute Your Data through the Services;
debug, improve, and maintain the Services; and
market the Services.
This license continues even after you stop using the Services. Make sure you have all necessary rights to grant us this license.
Ownership of the Services
The Services (including all text, graphics, images, logos, “look and feel,” and underlying Software) are owned exclusively by OPENFORGE, LLC and its licensors. You agree that OpenForge owns all rights, titles, and interests in and to the Services, and you agree not to take any action inconsistent with our ownership rights.
For any content you designate as “Public,” you also grant OpenForge a perpetual, irrevocable, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, modify, create derivative works of, and display such Public Content in marketing and promotional materials for the Services (including websites, social media, presentations, and case studies), with attribution at OpenForge’s discretion. This additional license remains in effect even if you later remove the “public” designation.
We own all rights, title, and interest in and to the Reports, and may use and share the Reports for any business purpose.
You may use the Services only for lawful purposes and in accordance with these Terms. You agree that you will not use the Services:
In any way that violates applicable federal, state, or local law or regulation (including, without limitation, any laws regarding the exporting of data or software to and from the United States) law or any third-party’s rights;
To submit or transmit excessive or unsolicited commercial messages or spam any users;
To impersonate or attempt to impersonate us, our employees, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
To submit malicious content or viruses;
To solicit other people’s login information, credit card numbers, or other sensitive information;
To harass or bully other users;
To post content that is hate speech, threatening or pornographic, that incites violence or that contains nudity or graphic or gratuitous violence; or
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us in our sole discretion, may harm us or users of the Services or expose us or them to any liability.
2.1 Public, Private & Restricted Content
Public Content: Anything you designate or publish as “public” is visible to anyone, including people who are not signed in. Public Content may be crawled, indexed, cached, previewed, or archived by search engines and other third-party services. Changing its visibility or deleting it may not immediately remove copies or search results controlled by third parties. Do not publish confidential information or sensitive Personal Data.
Private Content: Anything you designate “private” remains visible only to you.
Restricted Content: You may share content with a defined list of other users (“restricted audience”).
For clarity, a World may be designated as public, private, or restricted while still being a Shared World. Visibility settings do not alter the licensing, ownership, or Contributor obligations applicable to Shared Worlds under these Terms.
You can change any content’s visibility at any time via the settings in the Application.
2.2 Shared Worlds & Contributions
a. Shared Worlds
A World becomes a Shared World when a World Owner invites other Users to contribute, collaborate, or otherwise participate in building or maintaining that World. Shared Worlds may be designated as public, private, or restricted, but regardless of visibility settings, Shared Worlds involve multiple Contributors and are governed by this Section.
b. Contributor Status
Any User who contributes content to a Shared World is considered a Contributor under these Terms, regardless of their specific role, permissions, or access level within the Application. Role distinctions are product features only and do not alter the legal treatment of Contributions under these Terms.
c. Ownership of Contributions
Contributors retain any intellectual property rights they may hold in their individual Contributions, subject to the licenses granted under these Terms. Contributors acknowledge that Shared Worlds are collective environments and that no Contributor owns the Shared World as a whole.
d. License to World Owner and Other Contributors
By submitting a Contribution to a Shared World, you grant the World Owner, and any other Users authorized by the World Owner to manage or edit the Shared World, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, host, store, reproduce, display, perform, distribute, modify, adapt, and create derivative works of your Contribution solely as part of the Shared World and in connection with operating, promoting, and improving the Shared World within the Services.
This license permits the integration of your Contribution with other content in the Shared World and the creation of derivative or combined works based on such integration.
e. License to OpenForge
In addition to the licenses granted elsewhere in these Terms, by submitting a Contribution to a Shared World, you grant OpenForge a perpetual, irrevocable, transferable, sublicensable, royalty-free, worldwide license to use, host, store, reproduce, modify, adapt, display, distribute, and create derivative works of your Contribution for the purposes of operating, maintaining, improving, and marketing the Services, including Shared Worlds.
f. Duration and Survival
The licenses granted under this Section survive:
the removal of a Contribution from a Shared World;
the termination or suspension of your account; and
your cessation of use of the Services,
to the extent necessary to preserve the integrity, continuity, and functionality of Shared Worlds and any derivative works created from your Contribution.
g. Control, Moderation, and Removal
World Owners have discretion to accept, reject, modify, curate, or remove Contributions within their Shared Worlds. OpenForge reserves the right to remove or restrict access to any Contribution or Shared Content at its sole discretion to enforce these Terms, comply with law, or protect the Services or its users.
Removal of a Contribution does not require the removal or reversal of derivative works, modifications, or integrations created by other Contributors prior to removal.
h. No Expectation of Compensation
Contributors acknowledge and agree that they are not entitled to compensation, royalties, attribution, or reimbursement for Contributions unless expressly agreed to in writing by OpenForge.
i. Non-Confidentiality
All Contributions and Shared Content are deemed non-confidential. You should not submit any content to a Shared World that you consider proprietary, confidential, or restricted.
j. World Owner Controls; Permissions. The World Owner may, at any time and in their sole discretion, invite or remove Contributors, change roles or permissions, restrict access, or disable contribution features for a Shared World. Contributors acknowledge that access to a Shared World is permission-based and may be modified or revoked at any time by the World Owner or OpenForge.
k. Attribution; Display of Contributor Identity. OpenForge and World Owners may (but are not required to) attribute Contributions to Contributors, including by displaying a Contributor’s username, profile, or other account identifier in connection with a Contribution or within a Shared World. Contributors consent to such display for purposes of operating the Services, including moderation, audit logs, dispute resolution, and community features.
(k-1) Attribution After Account Deletion
If a Contributor deletes their account or submits an Account Deletion Request, OpenForge and/or the World Owner may continue to display the Contributor’s Contributions within Shared Worlds, but may remove or replace the Contributor’s username and other account identifiers (for example, displaying “Deleted User” or similar). Contributors acknowledge that attribution is not guaranteed and may change over time.
l. Moral Rights. To the fullest extent permitted by applicable law, you waive and agree not to assert any “moral rights,” “droit moral,” or similar rights you may have in your Contributions (including rights of attribution or integrity), and you consent to modifications, adaptations, and deletions of your Contributions as contemplated by these Terms. Where such waiver is not permitted, you agree not to unreasonably withhold consent to such acts.
2.3 AI-Generated Content
Content generated using artificial intelligence tools within the Services, including AI-generated characters, images, text, or other outputs, constitutes Your Data and, where submitted to a Shared World, a Contribution under these Terms. You should not include confidential, proprietary, or sensitive personal information in prompts or inputs submitted for AI generation. AI features may process prompts, inputs, and outputs through third-party service providers to provide the Services, as described in our Privacy Policy.
You represent and warrant that:
you have the right to submit any prompts, inputs, or source materials used to generate AI-generated content;
your AI-generated content does not infringe or misappropriate any third-party intellectual property rights; and
your Contributions comply with these Terms and all applicable laws.
OpenForge does not guarantee the originality, copyrightability, or non-infringing nature of AI-generated content and disclaims any liability arising from its use.
2.4 Third‑Party Beneficiary.
If you access the Services via the Apple App Store or Google Play, you acknowledge that those app‑store providers are third‑party beneficiaries of these Terms and may enforce them against you.
3. Using the Services
You must follow any policies made available to you within the Services if you choose to use the Services.
Don’t misuse the Services. For example, don’t interfere with the Services, try to access them using a method other than the interfaces and the instructions that we provide, or extensively or automatically copy any content from the Services (in other words, no scraping). You may use the Services for your personal use or authorized internal business use and as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing the Services to you, with or without notice, if you do not comply with our terms or policies, if we are investigating suspected misconduct, or for any other reason.
Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access through them (“Content”). Except as set forth in Section 2 (“Data That You Submit”), nothing in these Terms grants you ownership or any other rights in any Services Content or Third‑Party Content. You may not use Content, except as permitted by its owner or as otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used in the Services, including the Summon Worlds® or OpenForge® names and logos. Don’t remove, obscure, or alter any legal notices displayed in or along with the Services.
The Services may display some Content that is not our own, such as Content belonging to our advertisers or sponsors, other third parties, you, or other users (collectively, “Third-Party Content”). We are not responsible for, and you waive all of our liability with respect to, Third-Party Content. Third-Party Content is the sole responsibility of the individual or entity that makes it available to you via the Services. We may review Third-Party Content to determine whether it is illegal or violates our policies, and we may remove or refuse to provide Third-Party Content that we believe violates our policies or the law. But we do not generally review Third-Party Content beforehand, and we are not obligated to do so.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. By using the Services, you consent to receiving in-app messages (e.g., push and local notifications), email messages, text messages (i.e., SMS and/or MMS communications) and/or telephone calls, including to your wireless telephone number(s), from us in connection with the Services, including text messages and/or telephone calls that are automatically dialed and/or include pre-recorded messages. You may opt out of some of those communications, for example, by clicking on the “unsubscribe” link in marketing emails or decline push notifications. Please be aware that there may be a brief period before we are able to process your opt-out.
The Services may provide you with a fun experience; however, you acknowledge that this is indeed a game and much of the content is fictional. We make no warranties about the content, the quality of content you will receive, or any other warranties of any kind.
3.1 Your Summon Worlds Account
For purposes of these Terms, “you” and “your” means you as the user of the Services. You will need to create an account in order to use the Services. You agree that all registration information you give us will be accurate and current. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity’s behalf. You will timely notify us of any changes to any of the foregoing information. You are responsible for controlling access to any PCs, mobile devices, or other end points that you allow to store your Services password, or on which you enable a "Remember Me" or similar functionality ("Activated Device"). Accordingly, you agree that you will be solely responsible for all activities that occur under your Services accounts, including the activities of any individual with whom you share your Services account or an Activated Device. Usernames and other account identifiers are provided for community and product functionality; we do not guarantee perpetual attribution, and identifiers may be modified, removed, or replaced (including upon account deletion) as described in these Terms.
To protect your account, keep your password confidential. You are responsible for the activity that happens on or through your account. If you learn of any unauthorized use of your password, please reset your password and contact us at [email protected].
3.2 Business/Employer Uses of the Services
If you are using the Services on behalf of an organization, business or employer, you are accepting these Terms on their behalf, and that organization, business or employer agrees to be bound by these Terms.
3.3 Account Deletion; Effect on Public Content and Shared Worlds
a. Requesting Deletion. You may request deletion of your account by using in-app controls (if available) or by contacting us at [email protected]. We may take reasonable steps to verify your identity before completing a deletion request.
b. What We Delete. Upon an Account Deletion Request, we will delete or de-identify your Personal Data in accordance with applicable law and our Privacy Policy, which may include (without limitation) account credentials, email address, phone number (if collected), and profile information, subject to permitted retention described below.
c. Public Content and Shared Content May Persist. If you have designated content as Public Content, or if you have submitted Contributions to a Shared World, you acknowledge and agree that such content may continue to be stored, displayed, and used within the Services after your account is deleted, in order to preserve the continuity, integrity, and functionality of the Services and other Users’ experiences.
d. Anonymization of Attribution. If your account is deleted, we will use commercially reasonable efforts to remove or replace your username and other account identifiers displayed in connection with your Public Content, Contributions, or Shared Content (for example, displaying “Deleted User” or similar). You acknowledge that (i) complete removal of all historical references may not be technically feasible in every case (e.g., cached views, backups, audit logs), and (ii) we may retain minimal information as permitted by law.
e. Derivative and Collaborative Experiences. You acknowledge that other Users may create or own data and experiences that incorporate or reference Public Content or Shared Content (for example, chat logs, story logs, world histories, edits, or derivative works). We will not delete or modify other Users’ content solely because you delete your account, except as required by law.
f. Retention for Legal, Security, and Compliance. Notwithstanding the above, we may retain certain information as necessary to (i) comply with legal obligations, (ii) resolve disputes, (iii) enforce these Terms, (iv) prevent fraud or abuse, (v) maintain security logs, and (vi) maintain records of user communications preferences (including email unsubscribe/suppression status), in each case as described in our Privacy Policy.
g. Backups. Deletion may not immediately remove information from our backups or disaster recovery systems. We will delete or de-identify such information in the ordinary course consistent with our backup retention practices.
4. Privacy and Feedback
Our Privacy Policy explains how we treat your personal information and protect your privacy when you use the Services. By using the Services, you agree that we can collect, use, and share data from you as described in our Privacy Policy. We are not responsible for any information or Content that you submit or make available to other users via your use of the Services, and you assume all privacy, security, and other risks associated with providing any information, including personally identifiable information, to other users of the Service.
If you submit feedback or suggestions to us about the Services (whether through the Services or any other medium or method of communication), such as suggestions to improve the Services or responses to surveys, you agree that you have no obligation to do so, that you do so voluntarily, and that we may use your feedback or suggestions without obligation to you.
5. Intellectual Property Protection
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others, and require our users and customers to do so. If you are a copyright owner or its agent and believe that any Content infringes upon your copyrights, you may submit a notification under the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (the “Designated Agent”) with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
Identification of the work or material being infringed;
Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that we are capable of finding it and verifying its existence;
Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address;
A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law;
A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner; and
A physical or electronic signature of a person authorized to act on behalf of OpenForge of the copyright that has been allegedly infringed.
Please also note that the information provided in a notice of copyright infringement may be forwarded to the user who posted the allegedly infringing Content. After removing Content in response to a valid DMCA notice, we will notify the user responsible for the allegedly infringing Content that we have removed or disabled access to the Content. We will terminate, under appropriate circumstances, users who are repeat copyright infringers, and we reserve the right, in our sole discretion, to terminate any user for actual or apparent copyright infringement.
If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with us by providing the following information to the Designated Agent at the address below:
The specific URLs of material that we have removed or to which we have disabled access;
Your name, address, telephone number, and email address;
A statement that you consent to the jurisdiction of U.S. District Court for the Eastern District of Pennsylvania, and that you will accept service of process from the person who provided the original DMCA notification or an agent of such person;
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."; and
Your signature.
Upon receipt of a valid counter-notification, we will forward it to the Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder the Notifying Party represents) will then have ten (10) days to notify us that he, she or it has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within ten (10) days, we may restore the Content to the Services.
The contact information for our Designated Agent is:
40 E. Montgomery Ave, 4th Floor – ATTN Weller, Ardmore, PA 19003
[email protected]
If you believe that any of your intellectual property rights other than copyrights have been infringed, please email us at [email protected]. We reserve the right, in our sole and absolute discretion, to suspend or terminate any user who infringes the intellectual property rights of OPENFORGE, LLC. or others, and/or to remove, delete, edit or disable access to such person’s Content. You agree that we have no liability for any action taken under this Section.
6. About Software in the Services
The Services may enable you to access software running on our (or our vendors’) servers (collectively, “Software”). You agree that we retain the ownership of all rights, title, and interest in and to the Software. OPENFORGE, LLC. gives you a limited, worldwide, royalty-free, non-assignable, and non-exclusive license to use the Software to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or Software, nor may you reverse engineer or attempt to extract the source code of the Services or Software, unless laws prohibit those restrictions or you have our express written permission.
There may be software programs contained within certain Software that have been licensed to us by third parties. The term “Software” as used herein shall include this third-party software except where the term “Software” is used in the context of our ownership. The same terms and conditions, including all limitations and restrictions, set forth in these Terms apply to each third-party software program contained in the Software. You acknowledge and agree that any third-party components are owned by their applicable licensors. We do not make any representations or warranties about the operation or availability of such third-party software. Neither we, nor our licensors, shall be liable for any unavailability or removal of such third-party software. We are not responsible for any communications to or from such licensors, or for the collection or use of information by such licensors. You consent to the communications enabled and/or performed by such third-party software, including automatic updating of the third-party software without further notice. You agree that such third-party software licensors are intended third-party beneficiaries under these Terms.
Some of the Software may contain open source software. Open source software contained within the Software is subject to additional terms and conditions. To the extent there is any conflict between the terms of these Terms and the terms of an open source software license, the terms of the open source software license will apply solely as to that open source software.
7. Third Party Sites
If the Services contain links or references to other sites and resources provided by third parties, those links or references are provided for your convenience only. We have no control over the contents of those sites or resources, and we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party sites or resources linked to or referred to in the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
8. Modifying and Terminating the Services
We are constantly changing and improving the Services. We may add or remove functionalities or features, start charging fees for all or certain features of the Services, and/or suspend or stop all or any portion of the Services altogether, at any time, without any notice or liability.
You can stop using the Services at any time, although we’ll be sorry to see you go. We may also stop providing Services to you, or add or create new limits to the Services, at any time.
Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, indemnification obligations, and limitations of liability.
9. Our Warranties and Disclaimers
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER OpenForge NOR ITS LICENSORS, SUPPLIERS, OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE ALSO DO NOT MAKE ANY WARRANTIES OR COMMITMENT RELATING TO NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER HARMFUL CODE, OR ERROR-FREE OR UNINTERRUPTED OPERATIONS. WE PROVIDE THE SERVICES “AS-IS.”
SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES.
YOU AND YOUR HEIRS, SUCCESSORS, AND ASSIGNS HEREBY FOREVER IRREVOCABLY RELEASE, DISCHARGE, AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR AND THEIR SUCCESSORS AND ASSIGNS, AND OUR AND THEIR OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM, AND AGREE NOT TO SUE ANY RELEASED PARTY FOR, ANY LIABILITIES, CLAIMS, OBLIGATIONS, SUITS, ACTIONS, DEMANDS, EXPENSES, AND DAMAGES WHATSOEVER (COLLECTIVELY, “LIABILITIES”) THAT YOU MAY HAVE AGAINST ANY RELEASED PARTY WHETHER EXISTING NOW OR IN THE FUTURE, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH YOUR OR A THIRD PARTY’S CONDUCT RELATED TO USE OF THE SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE FOREGOING SENTENCE RELEASES AND DISCHARGES ALL LIABILITIES, WHETHER OR NOT THEY ARE CURRENTLY KNOWN TO YOU, AND YOU WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542. YOU UNDERSTAND THE MEANING OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” BY AGREEING TO THESE TERMS AND THIS WAIVER, YOU ASSUME ALL RISK ARISING FROM YET UNKNOWN CLAIMS.
Mandatory Consumer Guarantees.
Some jurisdictions (e.g., Australia, the EU) do not allow the exclusion of certain implied warranties. To the extent such laws apply, our liability will be limited to the remedies required by law (such as repair, replacement, or refund), and nothing in these Terms shall limit those non‑excludable rights.
10. Liability for the Services
EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE RELEASED PARTIES AND THEIR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
EXCEPT TO THE EXTENT PROHIBITED BY LAW, THE TOTAL LIABILITY OF THE RELEASED PARTIES AND THEIR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, FOR ANY AND ALL CLAIMS UNDER THESE TERMS OR RELATING TO YOUR USE OF THE SERVICES, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLY YOU THE SERVICES AGAIN).
IN ALL CASES RELATING TO PROVIDING YOU THE SERVICES, THE RELEASED PARTIES AND THEIR LICENSORS, SUPPLIERS, ADVERTISERS, AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE OR THAT IS DUE TO EVENTS OUTSIDE OF OUR REASONABLE CONTROL, SUCH AS WARS, CRIMINAL ACTIVITIES, STORMS, NATURAL DISASTERS, ACTS OF GOVERNMENT, SUPPLY INTERRUPTIONS, OR TELECOMMUNICATION OR INTERNET FAILURES.
11. “Tell-a-friend”
This Application gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Application.
In order to take advantage of this offer, Users may invite others to purchase the Products on this Application by sending them a tell-a-friend code provided by the OpenForge. Such codes can only be redeemed once.
If upon purchase of the Products on this Application any of the persons invited redeems a tell-a-friend code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional service feature, an upgrade etc.) specified on this Application.
Tell-a-friend codes may be limited to specific Products among those offered on this Application.
The OpenForge reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.
12. Indemnification
You hereby agree to indemnify, defend, and hold harmless OpenForge, its affiliated companies, and its and their predecessors, successors, and assigns, and its and their respective directors, officers, members, managers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys' fees), resulting from or arising out of your actual or alleged breach of these Terms, any Content you provide through the Services, or your use or misuse of the Services. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our wrongful acts or omissions.
13. About these Terms
We may modify these Terms or any additional terms that apply to the Services for any reason (for example, to reflect changes to the law or changes to the Services). You should review these Terms regularly, including the “Last Updated” date at the beginning of these Terms. We’ll use reasonable efforts to give you notice of these modifications, such as updating the “Last Updated” date at the beginning of these Terms or posting notice of modifications to these Terms on this web page, through the Services, or via email. By continuing to use the Services after we make these modifications, you agree that you will be subject to the modified Terms. If you do not agree to the modified Terms for any reason, you should discontinue your use of the Services.
Nothing in these Terms or in any Shared World creates a partnership, joint venture, agency, employment, or fiduciary relationship between OpenForge and any User, or between Users, and no User has authority to bind OpenForge.
If there is a conflict between these Terms and any additional terms for the Services, the additional terms will control for that conflict.
These Terms control the relationship between OpenForge and you with respect to your use of the Services. They do not create any third-party beneficiary rights, except as described in Section 2.4 with respect to app-store providers and Section 6 with respect to third-party software licensors. If you do not comply with these Terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of the United States and the Commonwealth of Pennsylvania, excluding Pennsylvania’s conflict of laws rules, will apply to any disputes arising out of or relating to these Terms or the Services.
You may not assign or delegate your rights or obligations relating to these Terms or your account for the Services without our prior written consent. We may assign these Terms or assign or delegate any of our rights or obligations at any time, with or without notice.
**California Residents.**
Under California Civil Code Section 1789.3, you may direct complaints about the Services to OpenForge at [email protected] or via mail at 40 E. Montgomery Ave, 4th Floor – ATTN Weller, Ardmore, PA 19003 and/or to the California Department of Consumer Affairs, 400 R Street, Sacramento, CA 95814.
No Waiver; Reservation of Rights.
If we do not enforce a right or provision of these Terms at any time, that does not waive our right to enforce it later.
For information about how to contact OpenForge, please visit our contact page at www.openforge.io or email us at [email protected]
14. Binding Arbitration
Without limiting your waiver in Section 9, you agree to the following:
a. Purpose. Any and all Disputes (as defined below) involving you and OpenForge and relating to the Services, the Software or these Terms will be resolved through individual arbitration. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. This Section 14 (the “Arbitration Provision”) shall be broadly interpreted. Notwithstanding anything to the contrary in these Terms, this Section 14 does not apply to an action by either party to enjoin the infringement or misuse of its intellectual property rights, including copyright, trademark, patent or trade secret rights.
b. Definitions. The term “Dispute” means any claim or controversy related to the Services, the Software or these Terms, including but not limited to any and all: (1) claims for relief and theories of liability, whether based in contract, tort, fraud, negligence, statute, regulation, ordinance, or otherwise; (2) claims that arose before your acceptance of these Terms or any prior agreement; (3) claims that arise after the expiration or termination of these Terms; and (4) claims that are currently the subject of purported class action litigation in which you are not a member of a certified class. As used in this Arbitration Provision, “OpenForge” means OpenForge LLC and any of its predecessors, successors, assigns, parents, subsidiaries and affiliated companies and each of their respective officers, directors, members, managers, employees and agents, and “you” means you and any users or beneficiaries of your access to the Services or the Software.
c. Initiation of Arbitration Proceeding/Selection of Arbitrator. The party initiating the arbitration proceeding may open a case with JAMS, formerly Judicial Arbitration and Mediation Services, Inc., by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267).
d. Right to Sue in Small Claims Court. Notwithstanding anything in this Arbitration Provision to the contrary, either you or OpenForge may bring an individual action in a small claims court in the area where you access the Services if the claim is not aggregated with the claim of any other person and if the amount in controversy is properly within the jurisdiction of the small claims court.
e. Arbitration Procedures. This Arbitration Provision shall be governed by the Federal Arbitration Act. Arbitrations shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures (the “JAMS Rules”) as modified by the version of this Arbitration Provision that is in effect when you notify OpenForge about your Dispute. You can obtain the JAMS Rules from the JAMS by visiting its website (www.jamsadr.com) or calling its toll-free number (1-800-352-5267). If there is a conflict between this Arbitration Provision and the rest of these Terms, this Arbitration Provision shall govern. If there is a conflict between this Arbitration Provision and the JAMS rules, this Arbitration Provision shall govern. If JAMS will not administer a proceeding under this Arbitration Provision as written, the parties shall agree on a substitute arbitration organization. If the parties cannot agree, the parties shall mutually petition a court of appropriate jurisdiction to appoint an arbitration organization that will administer a proceeding under this Arbitration Provision as written applying the JAMS Rules. A single arbitrator will resolve the Dispute. Unless you and OpenForge agree otherwise, any arbitration hearing will take place in Philadelphia, Pennsylvania. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect account information and other confidential or proprietary information. The arbitrator shall issue a reasoned written decision that explains the arbitrator’s essential findings and conclusions. The arbitrator’s award may be entered in any court having jurisdiction over the parties only if necessary for purposes of enforcing the arbitrator’s award. An arbitrator’s award that has been fully satisfied shall not be entered in any court.
f. Waiver of Class Actions and Collective Relief. THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS ACTION, JOINT OR CONSOLIDATED BASIS OR ON BASES INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC (SUCH AS A PRIVATE ATTORNEY GENERAL), OTHER USERS, OR OTHER PERSONS. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT INDIVIDUAL PARTY’S CLAIM. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
g. Arbitration Fees and Costs. If your claim seeks more than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be governed by the JAMS Rules. If your claims seek less than $75,000 in the aggregate, the payment of the JAMS’s fees and costs will be OpenForge’s responsibility. However, if the arbitrator finds that your Dispute was frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), the payment of the JAMS’s fees and costs shall be governed by the JAMS Rules and you shall reimburse OpenForge for all fees and costs that were your obligation to pay under the JAMS Rules. You may hire an attorney to represent you in arbitration. You are responsible for your attorneys’ fees and additional costs and may only recover your attorneys’ fees and costs in the arbitration to the extent that you could in court if the arbitration is decided in your favor. Notwithstanding anything in this Arbitration Provision to the contrary, OpenForge will pay all fees and costs that it is required by law to pay.
h. Severability and Waiver of Jury Trial. If any part of subsection (f) of this Arbitration Provision is found to be illegal or unenforceable, the entire Arbitration provision will be unenforceable and the Dispute will be decided by a court. WHETHER IN COURT OR IN ARBITRATION, YOU AND OpenForge AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT ALLOWED BY LAW. If any other clause in this Arbitration Provision is found to be illegal or unenforceable, that clause will be severed from this Arbitration Provision and the remainder of this Arbitration Provision will be given full force and effect.
i. Continuation. This Arbitration Provision will survive the termination or expiration of these Terms.
15. TERMS AND CONDITIONS OF SALE
15.1 Paid Products
Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.
To purchase Products, the User must register or log into this Application.
15.2 Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged. Prices on this Application are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
15.3 Offers and discounts
OpenForge may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Application.
Offers and discounts are always granted at the OpenForge’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of OpenForge, as indicated in the OpenForge’s location details in this document, unless otherwise specified.
15.4 Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, OpenForge can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
15.5 Methods of payment
Information related to accepted payment methods is made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Application.
All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. The User may read the privacy policy of this Application to learn more about the data processing and Users’ rights regarding their data.
If a payment through the available methods fails or is refused by the payment service provider, the OpenForge shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the OpenForge reserves the right to claim any related expenses or damages from the User.
15.6 Virtual Currency for exclusive use inside this Application
On this Application certain payments may be made using a Virtual Currency. Unless otherwise stated, such Virtual Currency is not tradable, exchangeable or redeemable against any traditional currency, any other open digital currency, goods or any other values.
By purchasing Virtual Currency, Users acknowledge and understand that it may only be used within this Application for the purposes expressly authorized by OpenForge within the framework of its Services. Users also acknowledge and agree that they may not transfer, purchase, sell, or exchange such Virtual Currency outside of the Service.
Accordingly, Users may not sublicense, trade, sell or attempt to sell Virtual Currency for money, or exchange Virtual Currency for value of any kind outside of the dedicated offering provided by the OpenForge through this Application. Any such prohibited use or transaction shall be considered null and void and could result in legal action being taken against the User.
In case of contract or account termination for any cause attributable to the User, any and all unused Virtual Currency shall be forfeited and no refund shall be granted.
15.7 Purchase via app store
This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Retention of Product ownership
Until payment of the total purchase price is received by OpenForge, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by OpenForge.
Delivery of digital content
Unless otherwise stated, digital content purchased on this Application is delivered via download on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Performance of services
The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.
Contract duration
Trial period
Users may have the option to test this Application or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of this Application may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on this Application.
The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Open-ended subscriptions
Paid subscriptions begin on the day the payment is received by OpenForge.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.
Fixed-term subscriptions
Paid fixed-term subscriptions start on the day the payment is received by OpenForge and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible.
Subscriptions handled via Apple Account
Users may subscribe to a Product using the Apple Account associated with their Apple App Store account by using the relevant process on this Application. When doing so, Users acknowledge and accept that
any payment due shall be charged to their Apple Account;
subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.
The above shall prevail upon any conflicting or diverging provision of these Terms.
Automatic renewal of fixed-term subscriptions
Subscriptions are automatically renewed through the payment method that the User chose during purchase.
The renewed subscription will last for a period equal to the original term.
The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
Termination
Subscriptions may be terminated by sending a clear and unambiguous termination notice to OpenForge using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
If the notice of termination is received by OpenForge before the subscription renews, the termination shall take effect as soon as the current period is completed.
Exception for Consumers based in Germany
However, regardless of the above, if the User is based in Germany and qualifies as a Consumer, the following applies:
At the end of the initial term, subscriptions are automatically extended for an unlimited period, unless the User terminates before the end of such term.
The fee due upon extension will be charged on the payment method that the User chose during purchase.
After extension, the subscription will last for an indefinite period and may be terminated monthly.
The User shall receive a reminder of the upcoming unlimited extension with reasonable advance, outlining the procedure to be followed in order to prevent the extension or terminate the subscription thereafter.
Termination
Extended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to OpenForge using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
If the notice of termination is received by OpenForge by the end of the current month, the subscription shall expire at the end of such month.
Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to OpenForge using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Application.
Terminations shall take effect 30 days after the notice of termination has been received by OpenForge.
Provision of personal data
To access or receive some of the Products provided via this Application as part of the Service, Users may be required to provide their personal data as indicated on this Application.
16. User rights
Right of withdrawal
Unless exceptions apply, the User may be eligible to withdraw from the contract within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.
Who the right of withdrawal applies to
Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory withdrawal right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification.
Users that do not fit this qualification, cannot benefit from the rights described in this section. The Consumer shall only be liable to the Seller for any diminution in the value of the goods resulting from handling the goods in a manner other than that necessary to acquaint him with the nature, characteristics and functionality of the goods.
Exercising the right of withdrawal
To exercise their right of withdrawal, Users must send to OpenForge an unequivocal statement of their intention to withdraw from the contract.
To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.
When does the withdrawal period expire?
Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
In case of purchase of a digital content not supplied in a tangible medium, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.
Effects of withdrawal
Users who correctly withdraw from a contract will be reimbursed by OpenForge for all payments made to OpenForge, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by OpenForge, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which OpenForge is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to OpenForge an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
Exceptions from the right of withdrawal
The right of withdrawal does not apply to contracts:
for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items;
for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;
for the supply of digital content which is not supplied on a tangible medium, if the contract places the Consumer under no obligation to pay but rather to provide or undertake to provide personal data and performance has begun;
for the provision of services, after the service has been fully performed, if the contract places the Consumer under an obligation to pay and performance has begun with the Consumer’s prior express consent after acknowledging that their right of withdrawal is lost once the service has been fully performed;
for the supply of digital content which is not supplied on a tangible medium, if the contract places the Consumer under an obligation to pay and performance has begun with the Consumer’s prior express consent after acknowledging that their right of withdrawal is thereby lost and such circumstances have been confirmed by OpenForge;
for the provision of services, after the service has been fully performed, if the contract places the Consumer under no obligation to pay but rather to provide or undertake to provide personal data;
Swiss Consumers Rights
If you qualify as a consumer in Switzerland, Swiss statutory consumer protection laws (which do not allow exclusion of certain warranties) shall apply and take precedence over any conflicting provisions in these Terms.
UK User rights
Right to cancel
Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online (distance contracts) within the period specified below (generally 14 days), for any reason and without justification.
Users that do not qualify as Consumers, cannot benefit from the rights described in this section. Users can learn more about the cancellation conditions within this section.
Exercising the right to cancel
To exercise their right to cancel, Users must send to OpenForge an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the cancellation period expires.
When does the cancellation period expire?
Regarding the purchase of a service, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.
In case of purchase of a digital content not supplied in a tangible medium, the cancellation period expires 14 days after the day that the contract is entered into, unless the User has waived the right to cancel.
Effects of cancellation
Users who correctly withdraw from a contract will be reimbursed by OpenForge for all payments made to OpenForge, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by OpenForge, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which OpenForge is informed of the User’s decision to withdraw from the contract. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right to cancel after having requested that the service be performed before the cancellation period expires, the User shall pay to OpenForge an amount which is in proportion to the part of service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws, compared with the full coverage of the contract.
Exceptions from the right to cancel
The right to cancel does not apply to contracts:
for the provision of services, after the service has been fully performed if the performance has begun with the consumer’s prior express request, and with their acknowledgement that their right to cancel is lost once the contract has been fully performed;
for the supply of goods made to the consumer’s specifications or otherwise clearly personalized;
for the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and with their acknowledgment that their right to cancel is thereby lost;
Brazilian User rights
Right of regret
Unless an applicable exception is stated below, Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means that the Consumer has the right to withdraw from contracts made online (distance contracts or any contract signed away from business premises) within seven (7) days of the date the contract was entered into or the receipt of the product or service, for any reason and without justification. Users that do not qualify as Consumers, cannot benefit from the rights described in this section. The right of regret may be exercised by the Consumer via contact channels listed at the beginning of this document and in accordance with the guidelines in this section.
Exercising the right of regret
To exercise their right of regret, Users must send to the OpenForge an unequivocal statement of their intention to withdraw from the contract. To this end, Users may use the model withdrawal form available from within the “definitions” section of this document. Users are, however, free to express their intention to withdraw from the contract by making an unequivocal statement in any other suitable way. In order to meet the deadline within which they can exercise such right, Users must send the regret notice before the regret period expires.
When does the regret period expire?
Regarding the purchase of a service, the regret period expires seven (7) days after the day that the contract is entered into and only if the service has not yet been provided.
In the event of the purchase of digital content, the regret period expires seven (7) days after the day that the contract is entered into and only if the digital content has not yet been provided and integrated into the Consumer's device.
Effects of regret
Users who correctly withdraw from a contract will be reimbursed by the OpenForge for all payments made to OpenForge, including, if any, those covering the costs of delivery.
However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by OpenForge, will not be reimbursed.
Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which OpenForge is informed of the User’s decision to withdraw from the contract or the actual return of the product, whichever occurs later. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any costs or fees as a result of such reimbursement.
…on the purchase of services
Where a User exercises the right of regret after having requested that the service be performed before
the regret period expires, the User shall pay to the OpenForge an amount which is in proportion to the part of the service provided.
Such payment shall be calculated based on the fee contractually agreed upon, and be proportional to the part of service provided until the time the User withdraws.
Exceptions from the right of regret
The right of regret in the form and term provided for in these Terms shall not apply in the following cases:
to the supply of digital content if the provision and availability of the content has already begun within seven (7) days of the date the contract was entered into with the express prior consent of the Consumer and with their acknowledgment that their right of regret will be forfeited;
to the supply of goods made to the Consumer's specifications in a clearly customized way;
to the supply of goods that are likely to degrade or expire quickly, such that the 7-day time limit and/or the return term put the validity of the product at risk;
to the provision of services, after the service has been fully performed, if the performance has begun within seven (7) days of the date the contract was entered into with the express prior consent of the Consumer and with their acknowledgment that their right of regret will be forfeited once the contract has been fully performed;