MARKFORGED CUSTOMER SUCCESS PLAN TERMS AND CONDITIONS

As of April 1, 2023, software and services will be combined into a single subscription offering called Global Service Plan.  Please refer here for information about any plans in the Global Service Plan offering.

FOR AUTHORIZED RESELLERS

Last Revised: August 27, 2024

HOW THESE TERMS APPLY

These Markforged Customer Success Plan Terms and Conditions (the “Terms”) apply to Markforged, Inc. (“Markforged'', “We”, “Us” and “Our”) and all Markforged authorized resellers (“Reseller”, “You”, “Your”) that engage in promotional or sales activities relating to Markforged’s Customer Success Plans (as described further in Section 2, each, a“Plan”).

These Terms are in addition to and not in lieu of the “Reseller Agreement” that is in effect between Markforged and each Reseller (each, an “Agreement”). These Terms apply to any Plan purchased by a Reseller via a Website, an order form, or any similar transactional document that links to them, but they do not apply to any other Markforged Products or services, each of which is subject to its own terms and conditions (the “Additional Terms”).Resellers are contractually bound to obtain agreement to the Additional Terms from each of their end-users. End-users should consult the Additional Terms and not these Terms.

Resellers, you must read these Terms carefully before purchasing or using a Plan. By making such a purchase or by using a Plan, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of these Terms, then you may not purchase or use a Plan. These Terms override any order form, transactional document, purchase order, or purchasing terms and conditions presented by you to Markforged. In the event of a conflict between the Agreement and these Terms, these Terms shall take precedence.

Any offer made on our Websites is void where prohibited by law. If these Terms are considered an offer, our acceptance is expressly limited to your agreement to these Terms in full. You represent and warrant that you have the authority to bind the organization on whose behalf you are making the purchase and such entity will be subject to all terms and conditions of these Terms and that you are at least the age of majority in your state or province of residence. Children under the age of 18 may not accept these Terms, use our Websites, or purchase a Plan.

DEFINITIONS

These Terms use certain words and phrases in a specific manner. These words or phrases have been capitalized, and each is bolded where the definition is first provided. Some definitions are provided in close proximity to the initial use of the word or phrase and, for convenience, some are defined in this Section. For purposes of these Terms:

“Firmware” means any pre-installed software embedded on a Product, as updated from time-to-time.

“Products” means Markforged 3D printers, excluding the Firmware that is installed on the Products.

CUSTOMER SUCCESS PLAN

A Customer Success Plan or “Plan” is an annual program that allows Resellers to procure specific replacement parts for Products, expedited shipping for those parts, and extended support services (via phone and email) for a flat annual fee. Each Plan is to be used with a single specified Product or Product bundle only. For clarity, a Plan is not a replacement for or an extension of Markforged’s Exclusive Limited Warranty as described in the Additional Terms that are applicable to Products.

Each Plan covers a single specified Product or Product bundle and is linked to the serial number(s) of the Product or the set of Products within the bundle. Only the following Products and/or Product bundles are eligible for a Plan:

• Onyx One 3D Printer
• Onyx Pro 3D Printer
• Mark Two 3D Printer
• X3 3D Printer
• X5 3D Printer
• X7 3D Printer
• X7 Field Edition 3D Printer
• Metal X 3D Printer
• Metal X Bundle with Sinter-1: Metal X 3D Printer, Wash-1 Washing Station, Sinter-1 Furnace
• Metal X Bundle with Sinter-2: Metal X 3D Printer, Wash-1 Washing Station, Sinter-2 Furnace
• 2:1:1 Print Farm Bundle: 2 Metal X 3D Printers, 1 Wash-1 Washing Station, 1 Sinter-2 Furnace
• 3:1:1 Print Farm Bundle: 3 Metal X 3D Printers, 1 Wash-1 Washing Station, 1 Sinter-2 Furnace
• 5:1:1 Print Farm Bundle: 5 Metal X 3D Printers, 1 Wash-1 Washing Station, 1 Sinter-2 Furnace

Note that FX20 printers are not eligible for Success Plans.

Plans include:

• A maximum of two print heads in any one-year period, except that Onyx One Plans include only one print head in any one-year period.
• A maximum of one Sinter-1 or Sinter-2 Retort as a replacement part in any one year period.
• A maximum of one Sinter-1 or Sinter-2 Core as a replacement part in any one year period.
• A maximum of one gas control module in any one-year period.
• A maximum of one gas supply panel in any one-year period.
• The parts listed in Appendix A: Normal Wear and Tear Items.
• The parts listed in Appendix B: Accidental Damage Items.

Plans may not be resold and are non-transferable (even to a different Product owned by the same end-user) and non-refundable, except as specifically allowed by the return policy in the Additional Terms.

CUSTOMER SUCCESS PLAN ACTIVATION AND TERM

Plans may be purchased for the Products and Product bundles listed in Section 2 only within sixty calendar days from the date on which the Product or Product bundle was first shipped out by Markforged. Plans begin on the date an order is placed with Markforged or the ship date, as indicated in an order. Plans are never shorter than twelve months and always expire on the anniversary of the Plan’s start date.

Any Plan may be extended for additional one-year or three-year periods, provided that: (i) any such extension begins within sixty calendar days of the end of the previous Plan year; and (ii) if an End of Life notice has been issued for the relevant Product (or any portion of the Product Bundle), the extension does not exceed the Last Date of Support in the End of Life Notice.

Markforged reserves the right to terminate any Plan in the event that the Reseller or the end-user is in material breach of any contract between the relevant party and Markforged, where such breach is not cured within thirty days of the date on which Markforged provides notice of the same. Further, Markforged reserves the right to void any Plan that is associated with a Product (or any device included in a bundle) that is not used and/or installed solely in accordance with the “Documentation” posted to Markforged’s Support Portal. In either scenario, no refunds will be provided in the event of such a termination.

RESELLER RESPONSIBILITIES

Reseller is responsible for providing end-users with support that the end-user requires in order to fulfill a Plan, including but not limited to any on-site support. As regards any Plan sold by a Reseller, Markforged will work with the Reseller to provide support, but will not respond to direct requests from end-users by phone or email except at Markforged’s sole discretion, and in any case Markforged will not provide any on-site support. Reseller will contact Markforged regarding any Product that is associated with a Plan for support by submitting a support case online atsupport.markforged.comor phoning 1.855.600.7395 or 617.315.8159.

If the relevant Product contains features that enable remote diagnosis and repair, Reseller will utilize best efforts to obtain end-user consent for such remote access to the Product and/or to assist in collecting diagnostic logs.

Reseller will work cooperatively with Markforged staff to troubleshoot and potentially to repair a part before requesting a replacement. The decision to issue replacement parts or to have a Product returned for replacement or servicing is at Markforged’s sole discretion. If replacement parts are deemed necessary, Markforged will coordinate shipment of the replacement part, and express shipping will be utilized where possible. Reseller is responsible for assisting Markforged to retrieve any part that has been replaced, upon Markforged’s request. As per the Additional Terms, if Markforged does not receive the original item in a timely manner, Markforged reserves the right to: (i) block the original Product or any Product associated with an exchanged component from accessing an online Eiger account; and/or (ii) decline any and all future orders from the Reseller on the relevant end-user’s behalf until the item is returned; and/or (iii) engage a collections agency for assistance. Plans do not modify the return policy that is stated in the Additional Terms that are applicable to Products.

MARKFORGED RESPONSIBILITIES

Markforged will work with Reseller to determine if replacement parts are needed and will also provide a reasonable level of general troubleshooting. Plans sold by a Reseller do not include support to be provided directly to end-users by Markforged, either by phone or in-person.

Markforged will utilize best efforts to respond to a Reseller by phone or email within nine business hours of the initial request. Business hours are 9:00 AM to 6:00 PM EST Monday-Friday (except for legal holidays observed by the U.S. government). Hours of operation are subject to change. Support is not available outside of business hours.

EXCLUSIONS AND LIMITATIONS

Markforged may use new, reconditioned, or remanufactured parts or assemblies of equal or improved quality. In the repair or maintenance of any Product or part. Markforged may, at Markforged’s sole discretion, elect to repair, replace, maintain, or service any covered component or subcomponent of a Product or part. All replaced parts, assemblies, components, or subcomponents become the property of Markforged. Markforged, at its option, may request the return of any or all of these.

Plans do not cover:

• Printing filaments.
• Defective parts or Products that are eligible for replacement or repair under the Exclusive Limited Warranty in the Additional Terms that are applicable to Products.
• Damage due to liquids or by non-approved or inappropriately handled solvents or other liquids used in a wash unit.
• Any device or part with an altered or removed serial number.
• A lost or stolen device.
• Any device or part used in a manner contrary to the Additional Terms, these Terms, the Documentation, ir the information provided with the device or part.
• A device that has been transferred to or used by someone other than the original purchaser.
• Damage or wear due to abuse, neglect or misuse, extreme environment, unusual physical or electrical stress or interference, exposure to moisture, flooding, fire, or electrical problems associated with incoming power, as defined at the discretion of Markforged.
• Damage or wear resulting from unauthorized hardware, software, or firmware modifications to or disassembly of the device.
• Damage or wear due to failure to comply with shipping instructions and/or packing documentation.
• Damage or wear resulting from attempts by personnel other than Markforged representatives to install, modify, repair or service the printer unless directed by a Markforged representative, or from installation occur than as described in the Documentation.
• Damage or wear resulting from connection to incompatible equipment.
• Damage, malfunction or degradation of performance resulting from failure to perform user maintenance and cleaning as prescribed by Markforged.
• Damage or wear caused by use with materials, products or software not developed by Markforged, including third-party printing materials, third-party consumables, solvents, adhesives, cleaners, abrasives, or lubricants.
• Cosmetic damage, including but not limited to scratches, dents, abrasions, streaks, clouding, or paint/finish chipping.
• Software or firmware enhancements or upgrades otherwise available for purchase or licensing.
• consumables listed in Appendix C.

LEGAL TERMS

In addition to the Agreement, the following apply to the maximum extent allowed by law:

MARKFORGED SUCCESS PLANS ARE OPTIONAL PLANS FOR SERVICE AND SUPPORT. SUCCESS PLANS ARE NOT A WARRANTY OR LIMITED WARRANTY. AVAILABILITY AND RESPONSE TIMES MAY VARY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKFORGED DISCLAIMS ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED AND MARKFORGED EXPRESSLY DISCLAIMS AND EXCLUDES ANY AND ALL STATUTORY AND IMPLIED WARRANTIES, CONDITIONS OF ANY KIND, TERMS, UNDERTAKINGS, OBLIGATIONS, AND REPRESENTATIONS RELATED TO OR ARISING IN ANY WAY OUT OF THESE TERMS AND RESELLER’S OR AN END-USER’S PURCHASE OR USE OF THE PLAN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF TITLE, OR WARRANTIES OTHERWISE IMPLIED BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER MARKFORGED NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY FOR: (A) LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (B) ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS.

WITHOUT LIMITING THE FOREGOING, MARKFORGED DOES NOT WARRANT THAT THE PRODUCT(S) OR ANY ITEMS PRODUCED BY THE PRODUCTS WILL MEET RESELLER OR END-USER’S REQUIREMENTS OR EXPECTATIONS. NEITHER MARKFORGED OR ITS SUPPLIERS ASSUMES ANY LIABILITY WHATSOEVER UNDER THESE TERMS FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY) IN CONNECTION WITH THE PRODUCTS OR ANY ITEM PRODUCED WITH A PRODUCT.

IN ANY CASE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKFORGED’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED $1,000. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY, EVEN IF MARKFORGED AND/OR ITS SUPPLIERS HAVE BEEN ADVISED, OR ARE OTHERWISE AWARE, OF THE POSSIBILITY OF DAMAGES IN EXCESS OF SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON LIABILITY, SO THE LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SECTION MAY NOT APPLY. IN SUCH CASES, THE LIABILITY OF MARKFORGED AND ITS SUPPLIERS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.

APPENDIX A: NORMAL WEAR AND TEAR ITEMS

APPENDIX B: ACCIDENTAL DAMAGE ITEMS

Appendix C: EXCLUDED CONSUMABLES