Terms of Service
These Terms of Service govern your access to and use of the Axhera Network platform operated by Axhera, Inc., a Delaware corporation. By accessing or using the platform, you agree to be bound by these terms.
1. Acceptance of Terms
By accessing or using the Axhera Network (the "Platform"), including the website at axhera.com, the producer portal, and any associated services, you agree to these Terms of Service (the "Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you may not use the Platform.
2. The Platform
The Axhera Network is a process-specific manufacturing capacity network that connects buyers seeking precision manufacturing services ("Buyers") with qualified production facilities ("Producers"). Axhera facilitates introductions, transmits engineering drawings and specifications, and provides tools for quoting and capacity management. Axhera is not a manufacturer and does not produce parts.
Axhera may modify, suspend, or discontinue any aspect of the Platform at any time without prior notice. Axhera does not guarantee uninterrupted availability of the Platform.
3. Accounts
Producers must create an account to access the producer portal. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify Axhera immediately of any unauthorized use of your account.
Axhera reserves the right to suspend or terminate any account at any time, with or without cause, and with or without notice.
4. Buyer Terms
Buyers may submit manufacturing inquiries through the Platform without creating an account. By submitting an inquiry, Buyers consent to Axhera transmitting their engineering drawings and specifications to matched Producers who have executed a Master Nondisclosure Agreement with Axhera.
Buyers may use the Platform's built-in redaction tool to permanently remove sensitive information from drawings before submission. Redacted areas are pixel-burned and cannot be recovered. Axhera is not responsible for information that a Buyer chooses not to redact.
Axhera does not guarantee that any inquiry will receive a quote, that any quote will be accepted, or that any order will be fulfilled to Buyer's specifications. All manufacturing work is performed by independent Producers, not by Axhera.
5. Producer Terms
Producers participate in the Network subject to the Master Nondisclosure Agreement executed between the Producer and Axhera. Producers agree to:
- Maintain accurate machine and capacity information in their portal profile.
- Respond to matched inquiries in a timely manner.
- Protect all Buyer drawings and specifications in accordance with the Master NDA.
- Not use any information received through the Network to manufacture parts for any party other than the originating Buyer without prior written consent.
- Not contact or solicit Buyers introduced through the Network outside of the Platform, as provided in the Master NDA.
6. Intellectual Property
The Platform, including its design, code, content, algorithms, and branding, is the property of Axhera, Inc. and is protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works of any part of the Platform without prior written consent.
Engineering drawings, specifications, and other materials submitted by Buyers remain the intellectual property of the Buyer or their designees. Axhera does not claim any ownership interest in Buyer-submitted materials.
7. Confidentiality
Confidentiality obligations for Producers are governed by the Master Nondisclosure Agreement. In the event of a conflict between these Terms and the Master NDA, the Master NDA shall control with respect to confidentiality obligations.
8. Prohibited Conduct
You agree not to:
- Use the Platform for any unlawful purpose or in violation of any applicable law or regulation.
- Attempt to gain unauthorized access to any part of the Platform, other accounts, or systems connected to the Platform.
- Interfere with or disrupt the Platform or servers or networks connected to the Platform.
- Scrape, crawl, or use automated means to access or collect data from the Platform without prior written consent.
- Transmit any viruses, malware, or other harmful code through the Platform.
- Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Axhera does not warrant that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Axhera does not warrant the accuracy, completeness, or reliability of any content, information, or materials available through the Platform.
Axhera does not endorse, guarantee, or assume responsibility for the quality, safety, legality, or timeliness of any manufacturing work performed by Producers. All transactions between Buyers and Producers are solely between those parties.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AXHERA, INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF AXHERA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In no event shall Axhera's total aggregate liability to you for all claims arising out of or related to these Terms or the Platform exceed the greater of (a) the amounts paid by you to Axhera in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).
11. Indemnification
You agree to indemnify, defend, and hold harmless Axhera, Inc. and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) any manufacturing work performed by or for you in connection with the Platform.
12. Termination
Axhera may terminate or suspend your access to the Platform immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Platform will cease immediately. All provisions of these Terms that by their nature should survive termination shall survive, including without limitation confidentiality, intellectual property, disclaimer, limitation of liability, and indemnification.
13. Governing Law & Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising out of or relating to these Terms or the Platform shall be brought exclusively in the Court of Chancery of the State of Delaware, or if the Court of Chancery declines to accept jurisdiction, the Superior Court of the State of Delaware. You irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue therein.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction without posting bond.
14. Changes to These Terms
Axhera may update these Terms from time to time. When we do, we will revise the "Effective" date at the top of this page. Your continued use of the Platform after any changes constitutes acceptance of the updated Terms. We encourage you to review these Terms periodically.
15. Contact
Questions about these Terms should be directed to:
Axhera, Inc.
Email: legal@axhera.com