Legal

Terms of Service

The contract between you and MedForm3D when you use our website, order portal, or commission a product.

Version 1.0 · Effective 28 April 2026 · Last updated 28 April 2026

1. Who these terms are between

These Terms of Service ("Terms") form a contract between Jenzer Innovations, trading as MedForm3D, with seat at Markgräflerstrasse, 4057 Basel, Switzerland ("MedForm3D", "we", "us") and the natural or legal person who registers an account, places an order, or otherwise uses our website at medform3d.com ("you", "Customer"). Where you act on behalf of a clinic, hospital, or company, you confirm that you have authority to bind that organisation.

By creating an account, placing an order, or continuing to use the site after these Terms come into force, you accept them. If you do not accept them, do not use the service.

2. The service

MedForm3D provides:

The exact deliverables, materials, finish, deadline, and price for each engagement are recorded in an order confirmation or quote that we issue once the brief is complete. The order confirmation, together with these Terms and our Privacy Notice, forms the entire agreement for that engagement.

3. Not a medical device, not a medical opinion

The models and components we deliver are educational, planning, and prototyping aids. Unless we have explicitly agreed otherwise in writing and the deliverable is CE-marked or otherwise certified, our products are not medical devices under Regulation (EU) 2017/745 (MDR), the Swiss MedDO, or equivalent legislation, and must not be used for diagnostic or therapeutic purposes, implanted, or otherwise used in direct patient contact.

The clinician using the model is responsible for clinical judgement, surgical technique, and patient outcomes. Nothing we deliver is a substitute for medical advice or for the clinician's own professional assessment.

4. Accounts

  1. You must provide accurate registration information and keep it up to date.
  2. You are responsible for maintaining the confidentiality of your password and for any activity under your account. Tell us immediately at info@medform3d.com if you suspect unauthorised access.
  3. We may suspend or terminate accounts that breach these Terms, abuse the service, or are inactive for an extended period. We will give you reasonable notice unless suspension is needed urgently to protect the service or other users.
  4. Accounts are intended for a single named professional or for a designated team representative. You may not share login credentials with people outside the registered organisation.

5. Files you upload

  1. You retain all rights you have in the files you upload (including DICOM studies, STL models, CAD files, and reference images).
  2. You grant us a non-exclusive, royalty-free licence to use those files solely to provide the requested service — for example, to segment imaging data, generate a model, produce the physical part, and deliver the result.
  3. You confirm that you have the legal right to share each file with us. For patient health data, this means having a lawful basis under applicable data-protection law, an appropriate contractual relationship with us as a processor, and (where required) the patient's consent.
  4. You will not upload content that is unlawful, infringes third-party rights, contains malware, or is unrelated to a legitimate professional engagement.
  5. We may scan uploads for malware and integrity, and we may refuse, quarantine, or delete files that fail those checks.

6. Patient data and the controller / processor relationship

When you upload patient health data, you (or the clinic you act for) are the data controller. MedForm3D is the data processor. Our standard Data Processing Agreement, which forms part of these Terms, governs that relationship and includes:

A copy of the Data Processing Agreement is available on request from info@medform3d.com.

7. Orders, pricing, and payment

  1. An order becomes binding once we issue an order confirmation or written quote acceptance.
  2. Prices are quoted in Swiss Francs (CHF) or Euros (EUR) and are exclusive of VAT, customs duties, and shipping unless stated otherwise.
  3. Payment terms are stated on the invoice. Default terms are net 30 days from the invoice date for accepted institutional customers. We may require advance payment for first orders, large orders, or orders involving non-recoverable consumables.
  4. Late payments accrue interest at the statutory rate under Swiss law, plus reasonable collection costs.

8. Production, lead times, and delivery

  1. Lead times are estimates. We will tell you promptly if a delay is likely and propose a revised schedule.
  2. Risk passes to you on delivery to the carrier or, where you collect, on hand-over.
  3. You must inspect deliveries on receipt and notify us in writing of any visible defect within 10 working days.
  4. Where a deliverable does not match the agreed specification, we will at our option repair, replace, or refund. This does not affect your statutory rights.

9. Intellectual property

  1. You retain ownership of inputs you provide. We retain ownership of our pre-existing know-how, processes, software, and templates.
  2. On full payment of the agreed price, we assign to you the rights you reasonably need in the specific deliverable to use it for the purpose set out in the order. We retain the right to use anonymised, non-identifying production data and aggregated statistics for our own quality and process improvement.
  3. We will not publish, share, or use any patient-identifying or commercially sensitive information for marketing or case-study purposes without your prior written consent.

10. Acceptable use

You agree not to:

11. Confidentiality

Each party will protect the other's confidential information with the same care it uses for its own (and at least reasonable care), and will use it only for the purpose of the engagement. Confidential information does not include information that is already public, independently developed without use of the other party's information, or rightfully received from a third party without a duty of confidence. These obligations survive termination for five (5) years, and indefinitely for personal data and trade secrets.

12. Warranty disclaimer

Beyond what is expressly stated in these Terms or in an order confirmation, the service and deliverables are provided "as is". To the maximum extent permitted by law we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free.

13. Limitation of liability

  1. Neither party limits liability for fraud, intentional misconduct, gross negligence, personal injury, or anything else that cannot be excluded under Swiss law.
  2. Subject to (1), our aggregate liability under or in connection with these Terms is limited, per engagement, to the greater of (i) the amount you paid for the deliverable that gave rise to the claim and (ii) CHF 5,000.
  3. Subject to (1), neither party is liable for indirect, consequential, incidental, or punitive damages, lost profits, lost data, or loss of business opportunity.

14. Indemnity

You will defend and indemnify us from third-party claims arising out of (i) content you upload, (ii) your or your organisation's breach of these Terms, or (iii) use of a deliverable in a way that does not comply with section 3 (not a medical device). We will defend and indemnify you against third-party intellectual-property claims arising out of our delivery of the service to you, except where the claim arises from your specifications, your inputs, or your modifications.

15. Term and termination

  1. These Terms apply for as long as you have an account or an active order with us.
  2. Either party may terminate for material breach if the breach is not cured within 30 days of written notice (or immediately if cure is impossible).
  3. On termination we will stop processing your data, return or delete files in line with the Data Processing Agreement, and invoice any work performed up to the termination date.

16. Changes

We may update these Terms from time to time. The version number and effective date at the top of this page reflect the latest revision. We will notify you of material changes by email or in the portal at least 30 days before they take effect. If you do not accept the changes, you may stop using the service before they apply; continued use after the effective date constitutes acceptance.

17. Force majeure

Neither party is liable for delays or failure caused by events beyond reasonable control, including natural disasters, wars, civil unrest, supply-chain failures, infrastructure outages, public-health emergencies, and acts of public authorities, provided the affected party gives prompt notice and uses reasonable efforts to mitigate.

18. Governing law and jurisdiction

These Terms are governed by the substantive law of Switzerland, excluding its conflict-of-law rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the competent courts of Basel-Stadt, Switzerland, subject to mandatory consumer-protection rules in your country of residence.

19. Miscellaneous

  1. If any provision is unenforceable, the rest remain in force and the parties will replace the invalid provision with one that achieves the same purpose as far as possible.
  2. You may not assign these Terms without our written consent. We may assign them to a successor entity in the event of a merger, acquisition, or asset transfer.
  3. Notices must be in writing and sent to the email addresses recorded in the order confirmation or to info@medform3d.com.
  4. No waiver is effective unless in writing. A failure to enforce a right is not a waiver of that right.

20. Contact

For contractual or legal questions: info@medform3d.com. For privacy: info@medform3d.com. For general inquiries: info@medform3d.com.