CAD/CAM Services Terms of Service Agreement

Thank you for your interest in CAD/CAM Services. All CAD/CAM Services work is governed by the following Terms of Service. Please review them thoroughly. This Agreement may be amended at any time without specific notice.

1. This CAD/CAM Services Terms of Service Agreement supplements but does not supersede any other Terms of Service issued by Stuller.
2. Acceptance of this Agreement
   By submitting any order to CAD/CAM Services or by submitting any other special order, custom or repair work to Stuller you are acknowledging your acceptance of the following Terms of Service.
3. Confidentiality
   Stuller regards your design concepts as confidential information and will not use such information, directly or indirectly, in whole or in part, or disclose or divulge said concepts to any third party without your verbal, electronic or written consent as described herein. Stuller will take all reasonable measures to avoid disclosure, dissemination, or unauthorized use of your confidential information, including, at a minimum, those measures Stuller takes to protect its own confidential information of a similar nature.
4. Approvals, Cancellations, and Customer Responsibilities
   You understand and agree that all verbal or electronic requests, specifications, approvals, cancellations, releases, waivers, warrants, or other directives related to CAD/CAM services and jobs submitted to Stuller shall carry the same weight and enforceability as a written and signed document from you. You further agree that any custom CAD job not approved for production within ninety (90) days of submission—or for which no production order is placed within that period—shall be deemed cancelled. In such cases, a non-refundable cancellation fee of not less than fifty dollars ($50.00) and up to one hundred fifty dollars ($150.00) may be charged, depending on the design time and resources expended. If you cancel a special or custom order after approval for production work has begun, you remain responsible for all work performed up to the time of cancellation. You also acknowledge responsibility for any special-order stones, components, or materials that have been procured on your behalf, which may be invoiced separately.
5. Special Orders are non-returnable
   You understand and agree that orders for products that Stuller does not normally keep in stock, including all CAD/CAM Services make-to-order items, are considered special orders and are non-returnable.
6. Cancelled Orders
   You understand and agree that if you cancel a special order you are responsible for, and will be billed for all, work performed up to the time of cancellation and that you may be responsible for any special order stones or components already procured for you.
7. Product price quotes are estimates
   You understand and agree that price quotes are estimates and that actual pricing will be calculated based on actual item weight(s) and the sales price of materials on the day of shipment. Precious metal pricing is based on the second London fix from the prior business day plus an adder for metal procurement, processing and refining expenses.
8. CAD/CAM Services price estimates
   You understand and agree that CAD/CAM Services price quotes are estimates and subject to modification if additional needs with your 3D files are discovered. Final price will be determined based on the conditions of the item as manufactured and at the time of manufacturing. Stuller will contact you for approval of any additional CAD/CAM requirements discovered that would result in a higher cost.
9. Quality marks and Trademark
   1. If a quality mark (e.g. 18K) appears on an item, the National Gold and Silver Marking Act requires that the federally registered trademark of the company warranting said quality must accompany the quality mark.
   2. You understand and agree that unless otherwise requested, Stuller will incorporate the appropriate quality mark and Stuller trademark in the location(s) deemed customary and appropriate by Stuller.
   3. If you prefer to substitute your federally registered trademark in place of the Stuller trademark, Stuller can quote that service upon request. Please note that you must provide evidence of your registered trademark through the United States Patent and Trademark Office.
10. Your Material’s Declared Value
    1. For any jewelry materials such as stones that you submit to Stuller we ask that you describe each item and declare your opinion of its value.
    2. You understand and agree that Stuller’s receipt of your item description and declared value is not an acceptance by Stuller of, or necessary agreement with, your item description and declared value and that Stuller shall be under no obligation to notify you if our opinion of the item value differs from your declared value.
    3. You understand and agree that when you submit your stones for use in a CAD/CAM Services item, your stone description and declared value will become part of the formula for determining the setting charge.
11. Customer Materials Liability
    1. Stuller agrees to take all customary precautions and to exercise reasonable care in handling materials provided by you.
    2. By submitting this order and materials to Stuller, you are acknowledging that you understand and agree that even with reasonable care, breakage or other damages may occur and you are releasing Stuller from any and all liability for any damages whatsoever to your materials. You further understand and agree that if, at its sole discretion, Stuller elects to replace or compensate you for any damaged or lost item, or if this provision is or is declared to be invalid or unenforceable, the maximum extent of Stuller’s liability shall be the lesser of: 1) your declared value; or 2) average wholesale value for said item with no regard for antiquity, provenance, or sentiment.
12. Records and Materials
    1. You understand and agree that all submitted design materials such as CAD files, photocopies, scans of drawings or photos must be non-returnable. Please do not submit originals.
    2. You understand and agree that after completion or in the event of cancellation Stuller shall be free to delete or otherwise dispose of your submitted design materials such as CAD files, photocopies, scans of drawings, or photos and that Stuller shall be under no obligation to do so following any specific standard or procedure.
    3. You understand and agree that at your request Stuller may, but is under no obligation whatsoever to, keep a record of your submitted materials such as your CAD files, drawings, or photos for your ease of future reorders.
    4. You understand and agree that Stuller shall have no liability whatsoever regarding protection, storage, or retention of your files, drawings, intellectual property, materials, or other property.
    5. You understand and agree that Stuller is under no obligation whatsoever to return, transmit, or deliver any CAD file to you whether the file is your original or a Stuller-created or modified file regardless of whether the file was created or modified at your request or expense.
    6. You understand and agree that Stuller retains ownership of any models or molds that Stuller creates based on your submitted design.
    7. You understand and agree that unless you request otherwise, as a matter of standard procedure Stuller will not deliberately retain for retrieval or use any non-CounterSketch^® design materials you submit to Stuller unless in Stuller’s opinion such materials may infringe on the intellectual property rights of Stuller or any third parties.
13. Intellectual Property
    Stuller values and protects its intellectual property and respects the intellectual property rights of others. We seek to avoid misunderstandings, losses of goodwill or wrongful litigation regarding same. Stuller is unwilling to enter into any agreement whatsoever that may compromise its intellectual property rights. Therefore:
    1. By submitting your designs or graphics to Stuller you acknowledge, understand and agree that: 1) Stuller is continually engaged in: a) product design and development, b) research and development and c) marketing and brand development; 2) Stuller may have developed, or be developing intellectual property similar or identical to your submissions; and 3) Stuller will have no obligation of any kind to you concerning your submissions if Stuller has created, developed or acquired like or identical concepts independently without reference to your work.
    2. You further understand and agree that Stuller shall have the same rights as any member of the general public to any public domain materials contained in your submissions.
    3. Stuller will not use your rightful intellectual property for any other purpose than evaluation, storage, or production as described herein.
    4. By submission of this order or request for quote, you warrant that you have the right to make, use, and sell the design or other intellectual property including trademarks, you submit to Stuller and that your use or Stuller production of said designs, trademarks or other intellectual property at your request does not infringe upon the intellectual property rights of others. This includes, without limitation, any designs, files, or content generated in whole or in part using artificial intelligence (AI) or machine learning (ML) tools. You represent and warrant that such AI-generated or AI-assisted submissions are free of third-party intellectual property claims and do not infringe upon any copyrights, patents, trademarks, or other proprietary rights.
    5. Including but not limited to customer-submitted designs of any sort and customer-submitted graphics for engraving or manufacturing, Stuller reserves the right to decline any job or portion of any job that Stuller perceives to infringe or potentially infringe on intellectual property rights of Stuller or any third party. You understand and agree that this clause in no way lessens or mitigates your responsibility to ensure your submissions do not infringe upon the intellectual property of others. You further agree to disclose at the time of submission whether any portion of your content was created or modified using AI, including through generative design platforms, image-to-CAD systems, or other automated software. In the event Stuller declines to perform work for said reasons, you may submit substantiating information confirming your right to replicate, use, manufacture, or sell the intellectual property in question for further consideration.
    6. Stuller’s Use of AI and Automated Tools: Stuller may use artificial intelligence (AI), machine learning (ML), or other automated tools in the design, modeling, or manufacturing of your order to enhance quality and efficiency. Such tools are part of Stuller’s proprietary methods and do not affect your ownership of your submitted designs. Stuller’s use of AI or ML does not create any customer rights in Stuller’s systems, software, or data. While results may vary from fully manual processes, Stuller will ensure the finished item meets approved specifications. Stuller’s use of AI and automated tools complies with applicable laws and maintains all confidentiality and intellectual-property obligations stated in these Terms.
14. CounterSketch^® Intellectual Property
    1. You understand and agree that CounterSketch^® is not a “blank slate” design tools. They are jewelry style manipulation environments built on pre-determined style variations possible with each design. You further understand and agree that such possible style iterations are anticipated, deliberate, and designed into the original model and that as such all possible variations are copyrighted designs.
    2. You understand and agree that all CounterSketch^® designs provided with, updated to, sold for use in conjunction with, or derived from software or its functionality are and remain copyright and property of Stuller, Gemvision, or the designer licensing the design to Stuller or Gemvision and may be used in whatever fashion the copyright owner chooses. You understand and agree that this expressly includes designs or other intellectual property derived or modified from CounterSketch^® library designs by you or any other party. By acceptance of these terms and by using the CounterSketch^® software, you expressly transfer all associated design copyrights potentially created within CounterSketch^® to Stuller.
    3. You understand and agree that as a licensed user, your sole rights to CounterSketch^® designs whether inherent in, supplementary to, or derived from the software are strictly limited to submission of the designs to Stuller for manufacturing and your subsequent use of the Stuller manufactured item and agree that no other design output from the software is permitted.
15. Indemnity/Hold Harmless
    In the event of any infringement of intellectual property rights related to services undertaken or products manufactured by Stuller for you, whether alleged or determined by a court of rightful jurisdiction and authority, you agree to indemnify, defend, and hold Stuller harmless from any and all claims, demands, losses, or expenses as a result of such actions. This indemnification obligation includes, without limitation, any claims arising from designs, files, or other content created or modified using AI or ML tools submitted by you.
16. Privacy Policy
    Stuller Inc. does not rent, sell, or share personal information about you with other people or companies except: 1) as may be required for services you’ve requested; 2) when we have your permission; or 3) when we believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or as otherwise required by law.
17. Jurisdiction
    This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana and United States Patent and Copyright laws without regard to conflict of law principles.