Terms of service

1.Parties and scope

These terms apply between Mark2Form — a trade name of Upgraded Systems, registered with the Dutch Chamber of Commerce under number 42056807 — and the company using an account. That company is called the maker below.

The maker puts the configurator on their own site or calls it through the API. The maker's customer designs in it; that customer has no Mark2Form account of their own.

[lawyer: set out what applies between Mark2Form and the maker's end customer, and who shows which terms to that end customer]

[lawyer: decide whether deviations have to be agreed in writing, and whether the maker's purchasing terms are rejected]

2.The service

Mark2Form is software that turns a mark into a production file. Neon Studio does that with two products: with Neon Logo your customer uploads a logo, with Neon Text they type a line of text. Either way the result is a file your workshop can work from. The configurator runs inside the maker's own site or is called through the API.

3.Your account

You get access to a portal and to keys that connect the configurator. You are responsible for who signs in on your behalf and for what happens with those keys.

You make sure the configurator is used normally: not drained by a script, and not for material someone else holds rights to.

[to be filled in: when an account may be suspended or ended, and with what notice]

4.What you pay

You pay per downloaded production file, per product, per calendar month. Which tier applies to which number of downloads is on the pricing page; those tiers are part of these terms.

All amounts exclude VAT. Each product has a minimum: download nothing during a month with a product you subscribe to and you pay the first tier for that product. During the trial you pay nothing.

[to be filled in: payment term, payment method and what happens when an invoice is not paid]

The tiers are on the pricing page

5.What counts as a download

One downloaded production file counts once, per product, per calendar month.

Download the same design revision again in that same month, in another format as well, and it does not count again. Change the design and that is a new revision, which does count.

Failed downloads and retries do not count. Nothing you do in the demo ever counts.

The month follows the calendar in the Europe/Amsterdam time zone.

[to be filled in: confirm the month boundary, so the invoice and the counter use the same month]

6.Demo

There is a public demo on this site. It runs with a watermark and produces no downloadable production file. Nothing you do in the demo ever reaches an invoice.

[to be filled in: the daily limit of the demo and the wording of the watermark]

7.Term, cancellation and trial

None of this has been decided yet. It says so here, so nobody assumes it is settled somewhere else.

[to be filled in: the term of the subscription, the notice period and how to cancel]

[ANNUAL PLAN CLAUSE: 12 months, renewal, cancellation up to the last day, monthly minimum = the first tier (decision 28-9) — lawyer]

[to be filled in: whether anything is refunded, and when]

[to be filled in: a trial — whether a new customer gets full access for a period, on what conditions and for how long]

[WELCOME OFFER CLAUSE: 20% off the first invoice that carries an amount, window trial + one week after it, per product (the first invoice of each product, decision 28-9), not combinable — lawyer]

8.Support

Support is included in your subscription. There is no separate support contract and no support bundle to buy alongside it.

You can reach us on working days, 09:00–17:00 (Europe/Amsterdam). We aim to reply within 1 working day. An outage comes before a question.

[lawyer: decide whether that target response time is an effort or a commitment with consequences]

9.Availability and maintenance

We do our best to keep the service running. We promise no percentage: the current state is on the status page, and so is what happened.

Maintenance can interrupt the service briefly.

[to be filled in: how maintenance is announced]

[lawyer: decide whether an availability standard belongs in these terms, and what applies when it is not met]

See the status page

10.Whether a production file fits your job

A production file is a design result. It is not an approval that this design will make a good product on your machine, in your material and at your size.

You judge for yourself whether a file fits what you are going to make: dimensions, tube diameter and bend radii, legibility, construction, mounting and safety.

[lawyer: tighten this disclaimer, together with the limitation of liability below]

11.A test piece before a series

Before you produce a series, make one piece first and check it. On screen you see a design; only in the real thing do you see dimensions and buildability.

[lawyer: set out whether this is an obligation of the maker or a condition for relying on liability, and what applies when the test piece is skipped]

12.Liability

Mark2Form supplies software. What is made from a production file — material, machine, settings, mounting and placement — is on the maker.

[lawyer: draft the limitation of liability: the cap, the exclusion of consequential loss and lost revenue, and the exceptions the law does not allow]

[lawyer: consider whether an indemnity belongs here for claims by the maker's end customer]

13.Rights to designs and files

[to be filled in: who holds which rights to an uploaded logo, to the design in the configurator and to the production file that comes out]

[to be filled in: what Mark2Form may do with those files — for instance keep them so a file can be supplied again — and for how long]

14.Personal data

What we do with personal data is in the privacy statement. Where we process data on your behalf — your customers' data — the data processing agreement applies.

Read the privacy statementRead the data processing agreement

15.Changes to these terms and to the prices

These terms and the tiers can change. What is published is what gets invoiced.

[to be filled in: how far in advance a change is announced, and what you can do if you do not agree]

16.Governing law

Dutch law applies to these terms. [lawyer: confirm]

[lawyer: name the competent court, and decide what applies to a customer outside the Netherlands]