Terms of service

Terms of service

Welcome to Overture 3D Technologies LLC ("Overture," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website at www.overture3d.com (including localized versions, the "Site"), and your purchase and use of our 3D printing filament and related services (collectively, the "Services").

By accessing the Site, creating an account, or purchasing our products, you agree to be bound by these Terms. If you do not agree, you may not use the Site or Services.

These Terms are intended for global application. Regional supplements apply where required by law. Your mandatory consumer rights remain unaffected.

1. Privacy & Personal Data

Your use of the Services is also governed by our Privacy Policy, which forms part of these Terms. The Privacy Policy describes in detail how we collect, use, share, store, and protect your personal information. By using the Services, you acknowledge that your personal data will be processed in accordance with that policy.

Collection & Use: We collect personal data when you create an account, make a purchase, or interact with our Site and Services. This may include contact details, payment information, device data, and usage analytics. We use this information to operate, improve, secure, and promote our Services.

Lawful Bases (EEA): Where the General Data Protection Regulation (GDPR) apply, we process personal data on recognized legal grounds, including performance of a contract, legitimate interests, compliance with legal obligations, and your consent where required.

United States: For U.S. residents, we comply with applicable federal and state privacy laws, including the California Consumer Privacy Act (CCPA), as amended by the California Privacy Rights Act (CPRA). These provide rights such as access, deletion, and opting out of certain data uses.

International Transfers: Because Overture operates globally, your personal information may be transferred to and processed in countries outside of your residence, including the United States. When such transfers occur, we implement appropriate safeguards (such as Standard Contractual Clauses or other lawful mechanisms) to ensure equivalent protection under applicable law.

Third Parties: We may engage third-party service providers (e.g., payment processors, cloud hosts, analytics providers) to process personal data on our behalf under written agreements that require adequate data protection.

Your Rights & Choices: Depending on your location, you may have rights to access, correct, delete, restrict, or port your personal data, and to object to or withdraw consent for certain processing. These rights can be exercised as described in our Privacy Policy.

Children: Our Services are not directed to children, and we do not knowingly collect personal information from minors except as permitted by law with verifiable parental consent. For full details, including how to exercise your rights, please review our Privacy Policy.

2. Eligibility & Age Requirements

To use the Services, you must meet the minimum age requirements of your jurisdiction and, if applicable, obtain parental or guardian consent. By accessing or using the Services, you represent and warrant that you satisfy these requirements.

General (U.S. & other non-EEA regions): The Services are intended for individuals 13 years of age or older. If you are under 18 (or the age of majority in your state or country), you may only use the Services under the consent and supervision of a parent or legal guardian, who is responsible for your activities, purchases, and compliance with these Terms.

EEA: You must meet your country's digital age of consent for online services (typically 16 years old, and not lower than 13 where permitted by local law). If you are younger, a parent or legal guardian must provide and verify consent before you may use the Services.

Verification of Consent: We may require proof of parental or guardian consent in jurisdictions where this is legally necessary. Failure to provide such proof may result in suspension or termination of access.

No Use by Children: The Services are not directed toward children under the minimum age applicable in their jurisdiction. We do not knowingly collect personal information from such children. If we become aware that we have collected personal data from a child without valid consent, we will take prompt steps to delete that data and may disable the associated account.

Business Users: If you are using the Services on behalf of a business or organization, you represent that you have the legal authority to bind that entity to these Terms.

3. Accounts & Security

You may browse the Site without creating an account; however, certain features—such as placing orders, tracking shipments, managing preferences, or posting reviews—may require account registration.

Account Registration: When creating an account, you agree to provide accurate, current, and complete information. You also agree to keep your information updated so that we can communicate with you and deliver Services effectively.

Login Credentials: You are responsible for maintaining the confidentiality and security of your login credentials, including your username and password. You must not share your credentials with others or allow unauthorized access to your account.

Your Responsibility: You are responsible for all activities that occur under your account, whether or not authorized by you. If you believe your account has been compromised, you must notify us immediately at service@overture3d.com.

Security Obligations: You must implement reasonable security measures on your own devices and networks when accessing the Services, including up-to-date software and protection against malware.

Company Rights: We reserve the right to: (a) Refuse registration, or require you to change your username or other account details, if they are misleading, offensive, infringing, or otherwise inappropriate; (b) Suspend or terminate your account if we detect or reasonably suspect violation of these Terms, fraudulent or abusive activity, inactivity, or security risks; (c) Recover damages or losses caused by misuse of your account.

Business or Organizational Accounts: If you create an account on behalf of a company, organization, or other entity, you represent and warrant that you have authority to bind that entity, and that the entity accepts responsibility for compliance with these Terms.

No Transfer of Accounts: You may not sell, transfer, or assign your account or any account rights without our prior written consent.

4. Orders, Pricing, Taxes & Payment

Orders & Acceptance: When you place an order through the Site, you are making an offer to purchase the products listed. We may accept or decline your order at our sole discretion, including in cases of limited stock, suspected fraud, errors in product or pricing information, or other business reasons. An order is considered accepted only when we send a confirmation notice (by email or other electronic means).

Pricing & Currency: All prices are displayed in the currency indicated on the Site for your region, where available. Prices do not include shipping fees, taxes, customs duties, or handling charges unless expressly stated. We reserve the right to correct any errors, inaccuracies, or omissions (including after you have submitted an order) and to update prices at any time prior to acceptance.

Taxes & Duties: You are responsible for all applicable taxes, levies, VAT/GST, import duties, customs clearance fees, and other governmental charges related to your order, unless we expressly agree to collect and remit them on your behalf. For cross-border orders, your local customs authority may impose additional charges or delays beyond our control.

Payment Authorization: By submitting payment information, you represent and warrant that you are authorized to use the selected payment method and authorize us and our third-party payment processors to charge your order total, as well as any permitted adjustments (such as refunds, exchanges, or error corrections).

Payment Timing: Unless otherwise specified at checkout, your payment method will be charged upon order acceptance.

Fraud Prevention: We may use fraud-prevention systems and payment verification processes. We reserve the right to cancel or hold any order that appears suspicious, unauthorized, or inconsistent with normal purchasing patterns.

Resale & Unauthorized Distribution: Products are sold for personal use or legitimate business end-use only. We may refuse, cancel, or limit orders that we reasonably suspect are placed for resale, redistribution, or unauthorized export.

Errors & Cancellations: If a product is listed at an incorrect price or with inaccurate information, we reserve the right to correct the error and either (i) cancel your order and issue a refund, or (ii) contact you to confirm whether you wish to proceed at the corrected price or terms.

Invoices & Records: Where legally required (e.g., EU VAT invoices), we will provide compliant invoices electronically. You agree to receive invoices and receipts in electronic form unless otherwise required by law.

5. Cancellations, Shipping & Risk of Loss

Order Changes & Cancellations (Pre-Shipment): You may request changes or cancellations to your order before it has been shipped by contacting us at service@overture3d.com. Once an order has entered the shipping process, cancellations are not guaranteed and may instead be handled under our returns or withdrawal policies (see Section 6).

Shipping & Delivery: We ship to the destinations specified at checkout. Shipping and delivery dates provided are estimates only and not guaranteed, as delays may occur due to carrier issues, customs inspections, or circumstances beyond our control (e.g., weather, strikes, supply chain disruptions). We are not liable for delays outside our reasonable control, but we will make commercially reasonable efforts to keep you informed.

Customs & Import Requirements: For international shipments, you are responsible for complying with applicable import laws and paying any duties, taxes, or clearance fees. Failure to do so may cause delays, returns, or additional costs, which are your responsibility unless otherwise required by law.

Failed or Refused Deliveries: If delivery is refused, unclaimed, or returned due to incorrect information you provided, we may deduct return shipping, restocking fees, and related costs from any refund, unless prohibited by applicable law.

Risk of Loss & Title Transfer: Title to the products and risk of loss or damage transfer to you upon delivery to the address you provided (or to your designated carrier, if applicable). However, in jurisdictions with mandatory consumer protections (e.g., the EU), risk of loss remains with us until the goods are delivered to you or a carrier chosen by you (other than one offered by us).

Inspection & Notice of Issues: You agree to promptly inspect all deliveries and notify us within a reasonable time if products are missing, damaged, defective, or incorrect. Failure to report issues in a timely manner may limit available remedies, except where prohibited by consumer law.

Partial Shipments: We may ship products in multiple packages, depending on availability. Each shipment constitutes a separate sale, and payment for each shipment may be processed independently.

6. Returns, Withdrawals & Warranty

30-Day Limited Warranty (Worldwide): Our 3D printing filament is warranted for 30 days from delivery against defects in materials or workmanship. If a defect is verified by our support team, we will, at our discretion and as required by law, provide a replacement product, refund, or equivalent remedy.

Exclusions: This warranty does not cover issues caused by misuse, improper handling or storage, operating conditions outside recommended guidelines, normal wear and tear, modifications, accidents, or purchases made from unauthorized sellers or resellers.

Proof of Purchase: A valid receipt, order number, or equivalent proof is required to make a warranty claim.

14-Day Returns (U.S.,and other non-EEA regions): If you are not satisfied with your purchase, you may initiate a return within 14 days of delivery for a refund or exchange, subject to the following: Products must be in their original condition and packaging, with all included items. We may deduct return shipping costs, restocking fees, or handling charges where permitted by law and disclosed during the process. Refunds will be processed using your original payment method, unless otherwise agreed. Processing times may vary depending on your payment provider.

EEA – Right of Withdrawal (Consumer Contracts): If you are a consumer in the EEA, you have a 14-day cooling-off period from the date of receipt to withdraw from a distance purchase without providing a reason. To exercise this right, you must notify us clearly (e.g., email to service@overture3d.com) before the end of the 14-day period. You must return the goods within the timelines required by law, at your own expense unless we state otherwise. Refunds will be issued within the legally required period, typically within 14 days of receiving the returned goods or proof of return. You may be responsible for any diminished value resulting from handling beyond what is necessary to inspect the goods.

Statutory Rights (Global): Nothing in this section limits or excludes your statutory rights. Depending on your location, these may include: Legal guarantees of conformity for goods purchased in the EEA. U.S. state consumer rights that apply in addition to this policy.

How to Start a Return, Withdrawal, or Warranty Claim: Contact us at service@overture3d.com with your order number, batch number, product details, and supporting information (such as photos of defects, if applicable). We will provide instructions, including whether a prepaid return label is available.

7. Product Information, Safety & Intended Use

Intended Use: Our products are 3D printing filaments designed for use with compatible 3D printers by users who understand basic 3D printing operations and safety requirements. You agree to use the products responsibly, following: The product instructions and safety guidelines provided by us and your printer manufacturer. Reasonable safety practices, including ensuring adequate ventilation, avoiding direct inhalation of fumes, and preventing burns or injuries from heated components.

No Medical, Food, or Critical Safety Applications. Unless expressly stated in writing, our products are not tested, approved, or certified for: Medical, dental, or pharmaceutical use (including implants, devices, or prosthetics). Food-contact applications (including packaging, utensils, or containers). Aerospace, automotive, construction, or other safety-critical engineering applications. Use of our products in such applications is at your own risk and without warranties of fitness for those purposes.

Product Variation: Reasonable variations in color, finish, or batch appearance may occur due to manufacturing processes. Such variations are considered normal and are not defects.

Compliance with Local Laws: You are solely responsible for ensuring compliance with all local laws and regulations related to import, possession, use, handling, and disposal of 3D printing materials in your jurisdiction. This includes: Environmental disposal and recycling regulations. Chemical safety requirements (e.g., EU REACH, U.S. EPA regulations, or equivalent local laws). Age, occupational, or workplace restrictions that may apply in your country.

Environmental & Disposal Responsibility: Filaments should be stored, used, and disposed of responsibly. You agree not to dispose of products in ways that violate applicable waste management or environmental protection laws. Where recycling options are available, we encourage proper recycling or take-back programs.

Accuracy of Product Information: We make reasonable efforts to provide accurate product specifications, descriptions, and compatibility information. However, we do not guarantee that product details will be error-free, complete, or suitable for your specific use case.

8. License to Use the Site

Subject to your compliance with these Terms, Overture grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Site solely to: Browse product information. Purchase products and services. Manage your account and preferences. Submit inquiries or interact with customer support.

Restrictions You may not: a) Copy, reproduce, distribute, display, perform, modify, or create derivative works of any Site content except for personal, non-commercial use directly related to purchasing products or interacting with our Services. b) Reverse engineer, decompile, disassemble, scrape, extract data, or use any automated means to collect information from the Site. c) Frame, mirror, or misuse our trademarks, logos, or copyrighted content. d) Use the Site for any unlawful, fraudulent, infringing, or competitive purpose, including unauthorized resale or commercial exploitation of our content. e) Interfere with, disrupt, or attempt to gain unauthorized access to the Site, systems, or networks connected to the Site.

This license terminates automatically if you materially breach these Terms or any applicable laws, and Overture may suspend or terminate your access without prior notice.

9. Reviews & User Content

When you submit reviews, testimonials, photos, feedback, or other content ("User Content") to the Site, via email, or on social channels:

Ownership & Rights: You represent and warrant that you own the User Content or otherwise have the legal right to submit it, and that submission does not infringe the rights of any third party.

License to Overture: You grant Overture a worldwide, royalty-free, transferable, sublicensable license to use, reproduce, adapt (including formatting), publish, display, and distribute the User Content for marketing, promotional, educational, operational, and product improvement purposes.

Moderation & Removal: We may, at our discretion, moderate, edit, or remove User Content that is unlawful, offensive, misleading, defamatory, or otherwise inconsistent with our policies or community standards. Removal does not waive our rights to pursue legal action against infringement or unlawful content.

No Compensation: You acknowledge that you will not receive any compensation for the use of User Content under this license.

Responsibility: You are solely responsible for the content you submit and the consequences of sharing it publicly.

10. Prohibited Conduct

By accessing or using the Site and Services, you agree not to: Violate any applicable laws, regulations, or third-party rights, including intellectual property, privacy, and data protection laws. Post, upload, distribute, or transmit malware, viruses, ransomware, spam, phishing content, or any harmful or disruptive code. Attempt to gain unauthorized access to accounts, servers, databases, networks, or other systems associated with the Site or Services. Interfere with, disrupt, or compromise the security or operation of the Site, Services, or servers, including denial-of-service attacks, data scraping, or automated crawling, except where expressly permitted. Use the Site or Services for any fraudulent, misleading, deceptive, or unlawful purposes, including unauthorized resale or commercial exploitation. Circumvent, disable, or attempt to bypass any technical protection, security features, or access controls implemented by Overture.

Violation of this section may result in immediate suspension or termination of your access, and Overture reserves the right to pursue all available legal and equitable remedies, including reporting illegal activity to authorities.

11. Intellectual Property

All content on the Site—including but not limited to text, graphics, images, videos, software, product descriptions, designs, and logos—is owned by Overture or licensed to Overture and is protected under copyright, trademark, patent, and other applicable laws.

Overture trademarks, logos, service marks, and product names may not be used, copied, or displayed without prior written permission from Overture.

No license or rights are granted by implication, estoppel, or otherwise, except as explicitly provided in these Terms (see Section 8).

Unauthorized use of Overture's intellectual property may result in civil or criminal liability.

12. Third-Party Services

The Site may link to, integrate, or provide access to third-party websites, services, applications, or content, including payment processors, shipping providers, analytics tools, or social media integrations.

Use of third-party services is subject to their own terms, privacy policies, and licenses. Overture is not responsible for any third-party content, services, or actions, including errors, omissions, delays, or breaches of law.

You acknowledge that your interactions with third-party services are solely between you and the third party, and you agree to hold Overture harmless from any claims, losses, or liabilities arising from such interactions.

Inclusion of links or integrations does not constitute endorsement, warranty, or sponsorship by Overture.

13. Export, Sanctions & Geographic Restrictions

You may not access or use the Services, purchase, or export products in violation of: U.S., EU, or other applicable sanctions, embargoes, or export control laws, Or any local laws or regulations in your country of residence or shipment destination.

You are solely responsible for complying with all applicable import, export, customs, and trade restrictions, including obtaining any required licenses or approvals.

Overture reserves the right to refuse, cancel, or suspend orders or accounts if we reasonably believe that such use would violate any applicable sanctions, export controls, or other legal requirements.

Certain countries, regions, or entities may be restricted from using the Services entirely, and Overture may block access to the Site or prevent shipment to those areas in compliance with law.

14. Disclaimers

"As Is" Services: The Site, products, and Services are provided on an "as is" and "as available" basis, without any warranties, express or implied, except as required by applicable law.

No Implied Warranties: To the fullest extent permitted by law, Overture disclaims all warranties, including but not limited to: Merchantability Fitness for a particular purpose Non-infringement Accuracy, completeness, or reliability of product information, content, or services

Limitations to Exclusions: Nothing in these Terms excludes or limits: Mandatory consumer rights or statutory warranties in your jurisdiction (for example, EEA legal guarantees of conformity or local consumer protection laws in North America). Liability for death or personal injury caused by our negligence, to the extent not permitted to be excluded by law.

No Guarantee of Availability: Overture does not guarantee that the Site, Services, or products will be uninterrupted, error-free, or free from delays, and we are not responsible for downtime, technical failures, or third-party interruptions.

Third-Party Content Disclaimer: Any content, links, or services provided by third parties are not warranted by Overture and are used at your own risk.

15. Limitation of Liability

Extent of Liability: To the maximum extent permitted by law, Overture and its affiliates, officers, directors, employees, agents, and licensors shall not be liable for: Indirect, incidental, consequential, special, exemplary, or punitive damages, Lost profits, lost revenue, loss of data, or business interruption, Any damages arising from use, inability to use, or reliance on the Site, Services, or products, Any damages resulting from third-party actions, unauthorized access, or technical failures.

Maximum Aggregate Liability: Our total liability for any claim arising out of or related to the Site, Services, or products shall not exceed the greater of USD $100 or the amount you paid for the relevant product(s) in the 12 months preceding the claim.

Non-Excludable Liability: Nothing in these Terms excludes or limits liability for: Death or personal injury caused by our negligence, Fraud or willful misconduct, or Other liabilities that cannot be excluded under applicable law, including statutory rights in the EEA or North America.

Acknowledgment: You acknowledge that the limitations set forth reflect a reasonable allocation of risk and the pricing of products and Services.

16. Indemnity (Business Users Only)

If you access or use the Services on behalf of a business, organization, or entity, you agree to defend, indemnify, and hold harmless Overture, its affiliates, officers, directors, employees, and agents from and against any and all: Claims, demands, losses, damages, liabilities, costs, or expenses (including reasonable attorneys' fees) arising from: a) Your business's use of the Services, b) Violation of these Terms, c) Breach of applicable laws or third-party rights, or d) Misrepresentation of your authority to act on behalf of the business.

This indemnity applies regardless of whether the claim arises from your negligence or willful misconduct, except to the extent prohibited by law.

Notification & Cooperation: You agree to promptly notify Overture of any claim for which indemnity may be sought and provide reasonable assistance in defense or settlement.

17. Dispute Resolution & Governing Law

United States Governing Law: These Terms and any disputes arising out of or relating to the Site, Services, or products are governed by the laws of the State of Texas, without regard to conflicts of law principles. Arbitration: Except for claims that may be brought in small claims court, disputes will be resolved by binding individual arbitration under the rules of the American Arbitration Association or another mutually agreed provider. Class-Action Waiver: You and Overture waive any right to participate in class or representative actions. Opt-Out: You may opt out of arbitration by sending written notice to service@overture3d.com within 30 days of your first acceptance of these Terms.

EEA Local Law & Courts: If you reside in the EEA, you may bring claims in the courts of your country of residence. These Terms do not limit or waive your mandatory consumer protections under local law. Alternative Dispute Resolution (ADR): Where available, you may use consumer ADR bodies. You may also consult your national consumer authority for dispute resolution options.

18. Changes to the Services or Terms

Right to Update: Overture may update, modify, suspend, or discontinue the Site, Services, or any part thereof, including these Terms, at any time and without prior notice, except where local law requires otherwise.

Effective Date of Changes: Unless a later date is explicitly stated, changes take effect immediately upon posting on the Site.

Material Changes: For significant updates that affect your rights, obligations, or access to Services, Overture will make reasonable efforts to notify you via: Email to the address associated with your account, and/or Prominent notice on the Site or during login.

Your Acceptance: Your continued use of the Site or Services after the effective date of any changes constitutes your agreement to the updated Terms.

Right to Decline: If you do not agree to the updated Terms, you must stop using the Services and may request account closure. Your rights and obligations prior to the update remain governed by the version of the Terms in effect at that time.

Local Law Compliance: Where applicable, Overture will comply with mandatory notice or consent requirements under local laws.

19. Termination

Right to Suspend or Terminate: Overture may, at its sole discretion, suspend or terminate your account, access to the Site, or use of Services for any of the following reasons: Material breach of these Terms, including repeated minor breaches or violations of prohibited conduct. Unlawful or fraudulent activity, including violations of applicable laws, regulations, or third-party rights. Security concerns or technical risks, such as suspected hacking, unauthorized access, or other activities that may compromise the Site or Services. Non-payment, chargebacks, or payment issues related to orders. Abuse or misuse of products, Services, or support channels.

Effect of Termination: Upon suspension or termination: You must immediately cease all use of the Site and Services. Overture may delete, block, or restrict access to your account, content, or stored data. Outstanding payment obligations or pending orders remain enforceable.

Surviving Provisions: Sections that by their nature are intended to survive termination will remain in effect, including but not limited to: Warranties and limitations of liability Indemnity obligations Intellectual property rights Privacy and data handling provisions Dispute resolution and governing law Prohibited conduct and enforcement rights

No Waiver of Remedies: Termination does not limit Overture's right to pursue any legal or equitable remedies, including damages, injunctive relief, or specific performance.

Notice: Overture may provide notice of termination or suspension via email, Site notification, or other reasonable means, but is not required to do so before immediate action in cases of security or legal risk.

20. Miscellaneous

Entire Agreement: These Terms, together with our Privacy Policy and any referenced return or warranty policies, constitute the entire agreement between you and Overture regarding the Services.

Severability: If any provision is held invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to remain valid.

Assignment: You may not assign or transfer your rights or obligations without prior written consent. Overture may assign or transfer its rights and obligations in connection with mergers, acquisitions, corporate reorganizations, or sale of assets.

No Waiver: Failure or delay in enforcing any provision does not constitute a waiver of that provision or any other rights.

Notices: Overture may provide notices via email, Site postings, or other reasonable methods. Notices are considered received upon transmission.

Force Majeure: Overture is not liable for delays or failures caused by events beyond reasonable control, including natural disasters, acts of government, labor disputes, supply chain disruptions, epidemics, or internet outages.

Language: These Terms are provided in English. Translations may be offered for convenience; in case of conflict, the English version governs unless local law requires otherwise.

21.Contact Information

For questions regarding these Terms, please contact:

Overture 3D Technologies, LLC
10777 Westheimer Rd, Suite 159

Houston, TX 77042, USA