Interim launch draft — effective as of June 23, 2026.
These MATERIALLY TERMS OF SERVICE (these “Terms”) are a binding contract between you and Materially LLC, a Florida limited liability company (“Materially”, “we”, “us”, or “our”). They govern your access to and use of our websites, applications, software, tools, content, AI features, application programming interfaces, commerce and fulfillment-related features, communications, and any other products or services that link to or reference these Terms (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. THE DISPUTE RESOLUTION SECTION REQUIRES MOST DISPUTES TO BE RESOLVED THROUGH INDIVIDUAL, BINDING ARBITRATION IN PALM BEACH COUNTY, FLORIDA, AND INCLUDES A CLASS-ACTION WAIVER AND A JURY-TRIAL WAIVER. BY ACCEPTING THESE TERMS OR USING THE SERVICES, YOU AGREE TO THOSE PROVISIONS UNLESS YOU TIMELY OPT OUT AS DESCRIBED IN THE DISPUTE RESOLUTION SECTION.
By clicking an acceptance button, creating an account, accessing the Services, requesting a sample or quote, placing an order, or otherwise using the Services, you accept these Terms; if you do not agree, you may not access or use the Services. The Services are designed for business and professional use by architects, designers, contractors, manufacturers, their representatives, and other industry professionals. If you access or use the Services on behalf of a company, firm, organization, or other legal entity (an “Organization”), you represent and warrant that you have authority to bind that Organization, in which case “you” and “your” include both you and the Organization, and the Organization is responsible for all use of the Services by its personnel, contractors, and other authorized users (“Authorized Users”). You must be at least eighteen (18) years old and legally able to enter into a binding contract. Certain Services may be subject to additional terms, order forms, policies, quotes, or product-specific conditions (“Additional Terms”), including the Materially Privacy Policy, the Materially Commerce, Shipping, Returns & Refund Policy (the “Commerce Policy”), the Materially Cookie Policy, and any Developer/API terms, each of which is incorporated by reference. If there is a conflict, the applicable Additional Terms control solely as to their subject matter, and a separately signed enterprise agreement or order form controls over these Terms to the extent it expressly states that it does.
Materially is a software and commerce platform for commercial interior materials. The Services may enable you to discover, compare, visualize, specify, organize, request samples of, and order materials and finishes across manufacturers; upload and analyze plans and images; collaborate using Spec Boards and related project tools; generate renderings and draft specifications; use AI-powered design assistance; obtain product, compliance, and cost-related information; and access fulfillment-related support. We may add, modify, suspend, remove, or discontinue any portion of the Services at any time, and we are not responsible for changes caused by third-party providers, manufacturers, supply-chain conditions, or requirements of law. The Services may be unavailable from time to time, and unless a signed enterprise agreement expressly provides otherwise, Materially does not guarantee uninterrupted availability, error-free operation, or that any feature will remain available. Materially provides software, information, workflow, visualization, and commerce tools only; it does not provide architecture, interior design, engineering, code-consulting, regulatory-consulting, legal, construction-administration, installation, inspection, testing, or certification services, and nothing in the Services creates a professional-services, fiduciary, agency, or joint-venture relationship between Materially and you.
You must provide accurate, current, and complete account information and keep it updated. Certain features—including sample requests, trade pricing, ordering, contractor access, and enterprise features—may require verification of your identity, professional credentials, Organization affiliation, trade status, or payment information, and Materially may approve, reject, limit, or revoke access in its reasonable discretion. You are responsible for safeguarding your login credentials, access tokens, and devices, and for all activity under your account to the extent caused by your failure to protect your credentials or supervise Authorized Users; you must promptly notify us at info@materially.studio if you suspect unauthorized access or a security incident. An Organization may invite and manage Authorized Users, assign roles, and control project access, and Materially may rely on instructions from an Organization administrator unless we have reason to believe an instruction is unauthorized. Where enabled, you may share Spec Boards, project materials, and renderings through permission controls, secure share links, or a public lookbook; you are responsible for selecting appropriate permissions, safeguarding links, ensuring recipients are authorized to receive the content, and complying with any confidentiality obligations applicable to it, and anyone who receives access through your account, invitation, or share link must comply with these Terms. Accounts are personal to the individual or Organization to which they are assigned and are not transferable without Materially’s prior written consent.
Materially may offer free, Designer, Studio, Contractor, Enterprise, or other plans, the current features, limits, fees, and billing terms of which will be presented at signup, in an order form, or in Additional Terms. Platform subscription fees, where charged, are processed by our subscription billing provider, and you authorize Materially and its processors to charge your designated payment method for applicable fees and taxes. Unless applicable law, an order form, or Additional Terms require otherwise, subscription fees are non-refundable and cancellation takes effect at the end of the current paid period; we may change fees or plan features for a future billing period on reasonable advance notice. Product samples, quotes, orders, returns, cancellations, credits, and refunds are governed by the Commerce Policy, not this Section.
Subject to these Terms, Materially grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for your internal business purposes. Except as expressly permitted in writing, you will not, and will not permit any third party to: (a) copy, modify, distribute, sell, lease, sublicense, or commercially exploit the Services or Materially Content; (b) reverse engineer, decompile, or attempt to derive source code, models, or non-public APIs, except to the limited extent such restriction is prohibited by law; (c) scrape, crawl, harvest, or use bots or automated means to access the Services or obtain product, project, user, manufacturer, or pricing data without our written permission; (d) use the Services or Materially Content to develop, train, or improve any competing product, database, or machine-learning or artificial-intelligence system; (e) circumvent rate limits, access controls, authentication measures, or technical restrictions; (f) introduce malware or interfere with the security, performance, or integrity of the Services; (g) use the Services in violation of law or third-party rights; or (h) use the Services for emergency, life-safety, or other high-risk decision-making without independent professional review and all legally required safeguards. Materially may make application programming interfaces, Model Context Protocol servers, and related access methods available to approved partners (“Developer Access”); Developer Access is read/query-oriented, is provided only to approved partners with valid credentials and authorized scopes, is subject to separate Developer/API terms, and may be rate-limited, scoped, conditioned, or suspended by Materially at any time to protect the Services, users, or third-party data.
“Your Content” means plans, drawings, images, photographs, models, BIM or CAD files, project briefs, specifications, notes, comments, material selections, prompts, communications, and other content or data you or your Authorized Users submit to or through the Services. As between you and Materially, you retain all right, title, and interest in Your Content, subject to the licenses granted here. You grant Materially and its service providers and fulfillment and sourcing vendors a worldwide, non-exclusive, royalty-free, fully paid, sublicensable (solely as necessary to provide the Services) license to host, store, reproduce, process, analyze, adapt, display, transmit, and otherwise use Your Content to provide, secure, support, maintain, and improve the Services; generate Outputs and complete requested workflows; fulfill your instructions, including sharing content with recipients you designate; prevent fraud, abuse, and security incidents; comply with law and enforce these Terms; develop and train Materially AI systems as described in the AI Features Section; and create De-Identified Data. You represent and warrant that (a) you own or have all necessary rights, permissions, and consents to submit Your Content and to allow Materially to use it as contemplated by these Terms, including for the model-development uses described in the AI Features Section; (b) Your Content does not violate law, confidentiality obligations, privacy rights, or third-party intellectual-property rights; (c) you have obtained necessary approvals from project owners, clients, and collaborators before submitting project information; and (d) you will not upload malicious code, unlawfully obtained information, or personal information you lack a lawful basis to process. Materially may create, use, and retain aggregate, statistical, and de-identified data derived from Your Content, Outputs, and use of the Services (“De-Identified Data”), provided it does not publicly identify you, your Organization, a named project, or a client, and may use technical, diagnostic, and interaction data (“Usage Data”) as described in the Privacy Policy. You may delete project content where the Services provide that function, and you may request deletion of your account and associated personal information by contacting info@materially.studio; removal may not immediately delete content from active systems, shared locations, recipient accounts, backups, or lawful records. Upon account termination, Materially will generally retain active account and project data for thirty (30) days to permit retrieval, after which it will delete or de-identify it in the ordinary course, subject to backups, security logs, legal holds, and tax and accounting obligations.
The Services include artificial-intelligence and automated features, including chat-based design assistance, material recommendations, substitutions, floor-plan understanding, in-context renderings, cost estimates, compliance pre-screening, and specification drafting (“AI Features”). “AI Input” means prompts, project content, plans, files, images, and instructions submitted to an AI Feature, and is part of Your Content; “Output” means content generated by an AI Feature. Subject to third-party rights in manufacturer data, Materially grants you a non-exclusive right to use Outputs for your lawful internal business and project purposes; Outputs may not be unique, and Materially does not represent that Outputs are copyrightable, free of third-party rights, or suitable for any purpose. AI Features are assistive only; Outputs may be inaccurate, incomplete, or unsuitable, and you must exercise independent professional judgment and qualified human review before relying on any Output, and are solely responsible for verifying material selections, specifications, quantities, dimensions, pricing, lead times, code compliance, fire ratings, and all other decisions based in whole or in part on an Output. To develop, train, evaluate, and improve Materially AI systems—including plan-understanding, vision, search, rendering, and recommendation systems—Materially uses AI Inputs, Outputs, uploaded plans, and your edits and corrections, including through a human-in-the-loop process, and will apply commercially reasonable measures to reduce personal information and to aggregate or de-identify data where practicable. Standard (non-Enterprise) accounts are included in these model-development activities. An Enterprise customer may be offered a content-training control under a written enterprise agreement; any such control applies only when enabled and confirmed by Materially, operates prospectively, and does not retroactively delete or remove data already used. Materially uses third-party AI providers, currently Google (Vertex AI / Gemini) and Anthropic (Claude), to provide certain AI Features, and AI Inputs may be transmitted to those providers as necessary to perform requested AI Features; additional information is in the Privacy Policy. You may not use AI Features to generate unlawful, infringing, deceptive, or harmful content, to make high-risk decisions without human oversight, or to misrepresent Outputs as independently verified architectural, engineering, code, or manufacturer determinations.
Materially may display product attributes, filters, warnings, and AI-generated pre-screening relating to fire ratings, flammability, slip resistance, recycled content, VOC content, sustainability attributes, and basic occupancy or fire classifications. These features are informational aids only; they are not professional advice, a code review, a certification, or a representation of legal compliance, and they do not substitute for verification by qualified professionals, manufacturers, testing laboratories, certifying bodies, or authorities having jurisdiction (“AHJs”). Materially does not guarantee that any product, selection, rendering, specification, or Output complies with any building code, accessibility requirement, safety standard, certification program, or law, including the Americans with Disabilities Act, LEED, WELL, NFPA, ASTM, the International Building Code, or state or local codes. The architect of record, design professional, contractor, manufacturer, and other project participants remain solely responsible for independently confirming all applicable requirements and securing all required approvals. Warnings, flags, and audit trails generated through the Services are not complete records of all applicable requirements, and the absence of a warning does not indicate compliance, suitability, or approval.
Renderings, simulations, visualizations, and material previews are provided for conceptual design and communication purposes only; they are not construction documents, manufacturer samples, shop drawings, or guarantees of final appearance. Actual appearance and performance may differ because of monitor calibration, lighting, installation methods, manufacturing variation, dye lots, generation variability, and other factors, and physical samples, current manufacturer documentation, and project-specific professional review control over any rendering. Draft specifications, schedules, quantities, takeoffs, and cost estimates are workflow aids and estimates only, not final specifications, bid documents, or pricing commitments, and you must independently review, validate, and approve them before use. You may export and share Outputs for lawful project use, subject to these Terms and third-party restrictions, and you are responsible for ensuring recipients understand the conceptual, non-final nature of visualizations and Outputs.
The Services may display product names, imagery, technical data, price-related information, environmental attributes, certifications, and lead-time information supplied or approved by manufacturers, distributors, or suppliers (“Product Data”). Manufacturers and other sources are responsible for the accuracy, completeness, currency, and legality of the Product Data they provide, and are responsible if Product Data infringes a third party’s intellectual-property rights; Materially may curate, normalize, or format Product Data but is not the source of truth for manufacturer specifications, warranties, certifications, suitability, availability, pricing, or compliance claims and does not independently verify all Product Data. Display of a product or recommendation is not an endorsement or guarantee of fitness, quality, compliance, or availability. Materially does not currently offer paid or sponsored placement, and product rankings and recommendations are not influenced by payment; if Materially introduces featured, sponsored, or promotional placement in the future, it will identify such placement clearly and conspicuously and provide any disclosures required by law. At launch, all listings are curated by Materially staff; manufacturers cannot edit listings directly. Materially may remove, suppress, reclassify, or modify any Product Data or listing for data-quality, legal, security, contractual, or operational reasons.
Samples, quotes, orders, shipping, cancellations, returns, refunds, taxes, and warranties are governed by the Commerce Policy, which is incorporated into these Terms. Materially LLC is the seller and merchant of record for all transactions accepted through the Services, including drop-ship transactions, and is not a marketplace facilitator; orders may be fulfilled by Materially’s fulfillment vendor or by a manufacturer or supplier by direct shipment on Materially’s behalf. Submission of an order is an offer to purchase and does not create a binding sale until Materially issues an order confirmation or otherwise confirms acceptance, and Materially may reject, cancel, or limit an order for pricing errors, availability, suspected fraud, payment issues, shipping restrictions, supplier limitations, or legal requirements. Prices, quantities, taxes, lead times, and availability displayed before checkout are estimates unless expressly identified as binding in a written quote or order confirmation. Payment is processed through our hosted commerce checkout provider, and Materially does not store raw payment-card data. Unless an order confirmation states otherwise, risk of loss and title pass to you upon delivery to the shipping address identified in the order. Manufacturer warranties, if any, are provided by the manufacturer and not by Materially. Materially does not install, fabricate, inspect, test, or approve materials and does not provide construction services.
As between you and Materially, Materially and its licensors own all right, title, and interest in the Services, the software, interfaces, databases, documentation, workflows, algorithms, AI and rendering systems, product-taxonomy structures, graphics, logos, trademarks, and all improvements and derivatives of the foregoing (“Materially Content” meaning content provided by Materially, excluding Your Content and third-party Product Data). Product Data, manufacturer names, product names, images, and trademarks are owned by their respective owners and may be subject to restrictions, and nothing in these Terms grants you rights to use third-party intellectual property except as necessary for your authorized use of the Services. If you provide suggestions or other feedback regarding the Services (“Feedback”), you grant Materially a worldwide, perpetual, irrevocable, royalty-free right to use and exploit that Feedback for any purpose without compensation; Feedback does not include Your Content merely because it is processed through the Services.
You must use the Services lawfully and professionally and in a manner that does not harm Materially, other users, manufacturers, fulfillment partners, or third parties. You will not misrepresent credentials, abuse trade benefits, obtain samples or pricing for improper purposes, harass others, submit false reviews or claims, engage in fraud, or interfere with the Services, and you may not upload or generate content that is unlawful, infringing, defamatory, abusive, deceptive, invasive of privacy, or harmful to minors, or submit plans or project information subject to government, defense, export-control, or other special restrictions unless Materially has expressly agreed in writing to support that use. Sample requests, trade access, and professional pricing are offered for legitimate professional evaluation and procurement, and Materially may limit, charge for, suspend, or revoke these benefits if it reasonably believes they are being abused, resold, diverted, or requested through false credentials.
The Services may link to, integrate with, or depend on third-party services, including authentication, payment, cloud, AI, manufacturer, carrier, and partner services, and your use of those services may be subject to separate terms and privacy policies. Materially does not control and is not responsible for third-party services, products, content, availability, security, or practices. Except where Materially is expressly the seller or merchant of record or otherwise assumes a specific obligation in writing, Materially is not a party to agreements between you and manufacturers, suppliers, contractors, designers, or other third parties.
Materially’s collection, use, disclosure, and processing of personal information are described in the Materially Privacy Policy, which is incorporated into these Terms, and you agree that Materially may process personal information and Your Content as described there and here. Materially uses reasonable administrative, technical, and organizational safeguards designed to protect the Services and the information processed through them, including encryption in transit and at rest, role-based access controls, authenticated webhooks, rate limiting, and monitoring; however, no system is completely secure, and you are responsible for using appropriate account controls, permissions, and security practices for your Organization and project information. Where enabled, you may export certain project data in available formats, and Materially may limit exports to protect security, third-party rights, confidentiality, or legal obligations.
“Confidential Information” means non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential; Your Confidential Information includes non-public Your Content, and Materially’s includes non-public details of the Services. Each party will use the other’s Confidential Information only as necessary to perform under these Terms and will protect it using at least reasonable care, and may disclose it to personnel, advisers, affiliates, and service providers who have a need to know and are bound by confidentiality obligations, or where required by law (with notice where legally permitted). Confidential Information does not include information that is or becomes public through no breach, was lawfully known without restriction before disclosure, is independently developed, or is lawfully received from a third party without a duty of confidentiality.
Materially may suspend or restrict your access immediately if it reasonably believes you have violated these Terms, failed to pay amounts due, created a security risk, engaged in suspected fraud, infringed intellectual property, abused sample or trade benefits, or created risk or liability for Materially, users, or third parties. You may stop using the Services and close your account at any time, but termination does not relieve you of payment obligations incurred before termination or of obligations relating to accepted product orders. Materially may terminate these Terms or your access for any material breach, fraud, unlawful conduct, repeated violations, prolonged non-payment, or other serious misconduct, and for paid subscriptions will use commercially reasonable efforts to provide notice and an opportunity to cure where appropriate. Upon termination, your right to use the Services ends, sections that by their nature should survive will survive, and Materially may retain and delete data as described in these Terms and the Privacy Policy.
Materially respects intellectual-property rights, may remove or disable access to material it reasonably believes infringes third-party rights, and may terminate repeat infringers. To submit a copyright or other intellectual-property complaint, send a written notice to Materially’s designated agent at info@materially.studio including: (a) identification of the work claimed to be infringed; (b) identification and location of the allegedly infringing material; (c) your contact information; (d) a statement of good-faith belief; (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act; and (f) your physical or electronic signature. Materially may provide a counter-notice process as required by law. This Section may be supplemented by a separate Materially DMCA / Intellectual-Property Complaints Policy.
Materially may offer alpha, beta, preview, pilot, or experimental features (“Beta Features”) that may be incomplete, contain errors, change without notice, or be discontinued, and that are provided solely for evaluation without any service-level commitment or warranty. Unless Materially agrees otherwise in writing, you will not publicly disclose non-public information about Beta Features without Materially’s written permission.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES, MATERIALS, PRODUCT DATA, AI FEATURES, OUTPUTS, RENDERINGS, ESTIMATES, SPECIFICATIONS, SAMPLE PROGRAMS, COMMERCE FEATURES, AND ALL RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MATERIALLY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, AND FULFILLMENT PARTNERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, AND FREEDOM FROM ERRORS OR VIRUSES. WITHOUT LIMITING THE FOREGOING, MATERIALLY DOES NOT WARRANT THAT PRODUCT DATA, AI OUTPUTS, COMPLIANCE FILTERS, WARNINGS, SPECIFICATIONS, COST ESTIMATES, OR RENDERINGS ARE ACCURATE OR FIT FOR ANY PURPOSE; THAT MATERIALS WILL BE AVAILABLE, DELIVERED ON TIME, OR PERFORM AS EXPECTED; OR THAT USE OF THE SERVICES WILL RESULT IN COMPLIANCE, CERTIFICATION, OR ANY PARTICULAR OUTCOME. THESE DISCLAIMERS ARE AN ESSENTIAL PART OF THE BARGAIN AND APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE; SOME JURISDICTIONS DO NOT PERMIT CERTAIN DISCLAIMERS, SO SOME MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, MATERIALLY AND ITS AFFILIATES, LICENSORS, SUPPLIERS, MANUFACTURERS, FULFILLMENT PARTNERS, AND PERSONNEL WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, USE, PROJECT VALUE, OR ANTICIPATED SAVINGS, OR FOR CONSTRUCTION DELAYS, COST OVERRUNS, REWORK, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, MATERIALLY’S TOTAL AGGREGATE LIABILITY IS LIMITED AS FOLLOWS: (A) FOR CLAIMS ARISING OUT OF OR RELATING TO THE SOFTWARE AND PLATFORM SERVICES (EXCLUDING PRODUCT ORDERS), LIABILITY WILL NOT EXCEED THE GREATER OF FIVE HUNDRED U.S. DOLLARS (US $500) OR THE FEES YOU PAID MATERIALLY FOR THOSE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; AND (B) FOR CLAIMS ARISING OUT OF OR RELATING TO A PRODUCT ORDER, LIABILITY WILL NOT EXCEED THE AMOUNT YOU PAID MATERIALLY FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM, AND THE CREDIT, REPLACEMENT, REPAIR, OR REFUND REMEDY IN THE COMMERCE POLICY IS YOUR EXCLUSIVE REMEDY FOR PRODUCT AND FULFILLMENT ISSUES. A SIGNED ENTERPRISE AGREEMENT MAY PROVIDE A DIFFERENT LIABILITY ALLOCATION SOLELY FOR ITS PARTIES. NOTHING IN THESE TERMS EXCLUDES LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED, INCLUDING FOR FRAUD OR INTENTIONAL MISCONDUCT WHERE APPLICABLE LAW PROHIBITS SUCH LIMITATION.
You will defend, indemnify, and hold harmless Materially and its affiliates, licensors, suppliers, manufacturers, fulfillment partners, and personnel from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Content or AI Inputs; (b) your use or misuse of the Services; (c) your violation of these Terms, applicable law, or third-party rights; (d) your project decisions, specifications, purchases, construction, installation, or professional services; (e) your use, sharing, or reliance on Outputs, Product Data, or renderings; or (f) a dispute between you and a manufacturer, contractor, client, or other third party. Materially will provide reasonable notice of an indemnified claim, may control the defense and settlement at your expense, and you will reasonably cooperate; you may not settle a claim in a manner that admits fault by or imposes obligations on Materially without its prior written consent. A signed enterprise agreement may provide additional indemnities solely for its parties.
Before initiating arbitration or a court proceeding, the party asserting a dispute must send a written Notice of Dispute describing the claim and requested relief; notices to Materially must be sent to info@materially.studio and to Materially’s mailing address by personal delivery, nationally recognized overnight courier, or e-mail (provided no bounceback is received), and the parties will attempt in good faith to resolve the dispute informally for at least thirty (30) days. Except for the carve-outs below, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, orders, privacy, or the relationship between you and Materially (each, a “Dispute”) will be resolved by final and binding individual arbitration rather than in court, governed by the Federal Arbitration Act, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules (or, where legally required, AAA consumer procedures), before one neutral arbitrator, seated in Palm Beach County, Florida. The arbitrator, and not any court, has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides the enforceability of the class-action waiver below. If twenty-five (25) or more demands for arbitration raising similar claims are submitted against Materially by or with the assistance of the same or coordinated counsel, the parties agree the demands will be administered in sequential batches of no more than fifty (50) (with related filing fees and arbitrator appointments handled on a batch basis) to promote efficiency and reduce fees, and any applicable statute of limitations will be tolled for demands held pending in a later batch. YOU AND MATERIALLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE PERMITTED TO PROCEED IN COURT. Either party may bring a qualifying individual action in small-claims court, and either party may seek injunctive or equitable relief in a court located in Palm Beach County, Florida to prevent infringement, misappropriation, unauthorized access, breach of confidentiality, fraud, or security harm. You may opt out of this arbitration agreement and class-action waiver by sending a written opt-out notice to info@materially.studio within thirty (30) days after first accepting these Terms, stating your name, account email, Organization (if any), and intent to opt out; opting out will not affect any other part of these Terms. Except as preempted by the Federal Arbitration Act, these Terms and any Dispute are governed by the laws of the State of Florida without regard to conflict-of-laws principles, and for any proceeding permitted in court the state and federal courts located in Palm Beach County, Florida have exclusive jurisdiction.
By using the Services, you consent to receive electronic communications from Materially, including account notices, security alerts, order information, invoices, legal notices, and updates to these Terms or policies, and you agree that electronic communications satisfy any legal requirement that communications be in writing. You may manage marketing communications through available preferences, but may not opt out of non-promotional transactional or legal notices.
Materially may update these Terms from time to time by posting the updated Terms and revising the effective date, and for material changes will provide notice through the Services, by email, or by another reasonable method. Unless a different effective date is stated, changes take effect when posted, and your continued use of the Services after the effective date constitutes acceptance; if you do not agree, you must stop using the affected Services.
These Terms, the Privacy Policy, the Cookie Policy, the Commerce Policy, applicable Additional Terms and order forms, and any signed enterprise agreement constitute the entire agreement between you and Materially regarding the Services and supersede prior understandings on that subject. You may not assign these Terms without Materially’s prior written consent, and Materially may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. A waiver is effective only if in writing; if any provision is held invalid, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Materially will not be liable for delay or failure to perform caused by events beyond its reasonable control. Except for Materially’s affiliates, licensors, suppliers, manufacturers, fulfillment partners, and indemnified parties, no person is intended to be a third-party beneficiary of these Terms. You may not access or use the Services in violation of U.S. export-control or sanctions laws, and you represent that you are not a prohibited or restricted party. All notices to Materially under these Terms must be given by personal delivery, nationally recognized overnight courier, or e-mail (provided no bounceback is received), and may be sent to:
Materially LLC
10018 Spanish Isles Blvd, #A20, Boca Raton, FL 33498-6324, USA
Legal notices: info@materially.studio • General support: info@materially.studio • Website: https://materially.com