By Complexity

®2026

By Complexity

®2026

LEGAL / TERMS

Terms of Service

Effective Date: August 12, 2026

These Terms of Service ("Terms") govern your access to and use of Factory, including our website at factory.social, our mobile applications, and related products, features, communications, and services (collectively, the "Service").

Factory is a global B2B manufacturing marketplace operated by Complexity LLC, a Texas limited liability company ("Complexity," "Factory," "we," "us," or "our").

By creating an account, accessing, or using Factory, you agree to these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not access or use the Service.

  1. About Factory

Factory is a global business-to-business manufacturing marketplace that enables buyers to discover, evaluate, communicate with, and conduct business directly with manufacturers.

Factory may enable users to:

  • explore manufacturing industries and categories;

  • search for products and manufacturers;

  • view Product Listings;

  • review product specifications, attributes, variations, pricing information, minimum order quantities, manufacturing information, and other product details;

  • view manufacturer Company Profiles, catalogs, facilities, capabilities, photographs, videos, and manufacturing processes;

  • communicate directly with manufacturers;

  • use Request order to initiate a potential manufacturing order;

  • use Request samples to request product samples;

  • propose, review, accept, decline, cancel, or modify commercial requests;

  • communicate and negotiate commercial terms;

  • create and manage Orders;

  • document production and fulfillment progress;

  • update Order statuses;

  • coordinate shipping and delivery information; and

  • maintain records of commercial activity conducted through Factory.

Factory provides the technology and marketplace infrastructure through which buyers and manufacturers can find one another, communicate, negotiate, coordinate Orders, and document their commercial relationship.

Unless Factory expressly states otherwise for a particular service, Factory is not the buyer, seller, manufacturer, supplier, importer, exporter, distributor, freight forwarder, customs broker, payment processor, escrow provider, insurer, lender, or agent of either party to a transaction.

Transactions facilitated through Factory are conducted directly between buyers and manufacturers.

  1. Eligibility and Business Use

Factory is intended for business and commercial use.

You must be at least 18 years old and legally capable of entering into binding agreements to create or use a Factory account.

If you access or use Factory on behalf of a company, organization, or other legal entity, you represent and warrant that:

  • you have authority to act on behalf of that entity;

  • you have authority to provide information relating to that entity;

  • your actions within Factory are authorized by that entity; and

  • where you enter into or confirm commercial obligations on behalf of that entity, you have authority to bind that entity.

You may not use Factory if applicable law prohibits you from accessing or using the Service.

  1. Personal Accounts

To access Factory, you must create a Personal Account.

When creating or maintaining an account, you agree to provide accurate, current, and complete information.

You are responsible for:

  • maintaining the confidentiality and security of your login credentials;

  • all activity conducted through your account;

  • maintaining accurate account information;

  • ensuring that your use of Factory complies with these Terms and applicable law; and

  • notifying Factory promptly if you believe your account has been accessed or used without authorization.

You may not:

  • impersonate another person;

  • create an account using false or misleading information;

  • transfer, sell, rent, or sublicense your account;

  • provide unauthorized access to your account; or

  • use another person's account without authorization.

Factory may require you to verify certain account information.

  1. Buyer and Manufacturer Use

Factory may allow a Personal Account to use the Service as a buyer, as an authorized representative of a manufacturer, or both.

When acting as a buyer, you may search for manufacturers and products, communicate with manufacturers, use Request order or Request samples, and manage buyer-side commercial activity.

When acting on behalf of a manufacturer, you may be permitted to manage Company information, Product Listings, catalogs, Messages, commercial requests, Orders, and other manufacturer-side activity.

Using different Factory experiences or modes does not create separate Personal Accounts or legal identities.

Actions performed on behalf of a Company may be attributed to both the Company and the individual who performed the action.

  1. Companies and Company Members

Factory may allow users to create, claim, join, or manage a Company.

If you create, claim, join, or manage a Company, you represent and warrant that:

  • the Company exists and operates lawfully;

  • you have authority to provide the information submitted about the Company;

  • Company information you provide is accurate and not misleading;

  • you have permission to submit Company photographs, videos, logos, documents, certifications, and other materials;

  • you will act only within the authority granted to you by the Company; and

  • the Company's use of Factory will comply with applicable law and these Terms.

Factory may permit multiple Company Members to access or manage Company activity.

A Company may assign different permissions or responsibilities to different Company Members.

Factory is not responsible for internal disputes concerning who is authorized to control or act on behalf of a Company.

We may request information or documentation to determine authority over a Company account or Company Profile.

  1. Company Profiles

Manufacturers may create Company Profiles containing information about their businesses.

Company information may include:

  • Company name;

  • location;

  • Company description;

  • business contact information;

  • industries and categories;

  • capabilities;

  • materials;

  • manufacturing processes;

  • facilities;

  • year founded;

  • Company size;

  • export markets;

  • languages;

  • certifications;

  • catalogs;

  • photographs;

  • videos;

  • facility tours;

  • production processes;

  • manufacturing information;

  • policies; and

  • other business information.

Manufacturers are responsible for ensuring that information they publish is accurate, lawful, current, and not misleading.

Factory does not independently guarantee the accuracy of Company information submitted by manufacturers.

  1. Product Listings

Manufacturers may publish Product Listings through Factory.

A Product Listing may contain information such as:

  • product name;

  • product description;

  • photographs;

  • videos;

  • pricing information;

  • currency;

  • minimum order quantities;

  • product variations;

  • sizes;

  • colors;

  • materials;

  • dimensions;

  • attributes;

  • specifications;

  • customization options;

  • branding or private-label options;

  • production capacity;

  • sample information;

  • estimated production times;

  • packaging information;

  • certifications;

  • shipping or delivery information;

  • technical documents; and

  • other commercial or manufacturing information.

Manufacturers are solely responsible for the accuracy, completeness, legality, and currency of their Product Listings.

Unless expressly stated otherwise, information contained in a Product Listing is provided for marketplace and sourcing purposes and may be subject to confirmation, negotiation, or modification between the buyer and manufacturer.

A Product Listing by itself does not create an obligation for a manufacturer to sell or manufacture the listed product for a particular buyer.

Manufacturers must update or remove Product Listings that become materially inaccurate or misleading.

  1. Manufacturer Representations

By listing a product or offering manufacturing services through Factory, a manufacturer represents that it has the legal right and authority to offer the relevant products or services.

Manufacturers are responsible for:

  • accurately describing products;

  • accurately describing manufacturing capabilities;

  • accurately stating certifications and qualifications;

  • complying with applicable manufacturing laws;

  • complying with product-safety requirements;

  • complying with labeling requirements;

  • complying with intellectual property laws;

  • complying with applicable import and export requirements;

  • obtaining licenses, registrations, permits, or approvals required for their activities; and

  • fulfilling Orders in accordance with the terms agreed with buyers.

Manufacturers may not submit falsified certifications, test results, inspection reports, factory information, origin information, photographs, documents, or other business information.

  1. Buyer Responsibilities

Buyers are responsible for evaluating manufacturers, Product Listings, commercial terms, product requirements, and transaction risks before proceeding with an Order.

Buyers are responsible for determining whether products they seek to purchase, import, distribute, resell, or use comply with applicable laws and requirements.

Buyers should conduct whatever diligence they consider appropriate before sending funds, approving production, or entering into a commercial relationship.

Factory's availability of a Company, Product Listing, photograph, video, catalog, or other information on the Service does not constitute Factory's endorsement or guarantee of that Company or product.

  1. Messages and Commercial Communications

Factory enables buyers and manufacturers to communicate directly.

Messages may include:

  • text;

  • photographs;

  • videos;

  • documents;

  • attachments;

  • Product Listings;

  • Company information;

  • quotations;

  • product specifications;

  • quantities;

  • customization requirements;

  • production information;

  • pricing;

  • shipping information;

  • payment terms; and

  • other commercial communications.

Users are responsible for the content they communicate through Factory.

Commercial communications may form part of the record of a Request order, Request samples, or Order.

You may not use Messages to:

  • commit or facilitate fraud;

  • deceive another user;

  • impersonate another person or Company;

  • harass, threaten, or abuse another person;

  • distribute malware or harmful files;

  • transmit content you do not have the right to share;

  • solicit prohibited transactions;

  • facilitate illegal activity; or

  • circumvent Factory security or platform restrictions.

Factory may retain communications as described in our Privacy Policy.

  1. Request Order

A buyer may use Request order to initiate a potential Order with a manufacturer.

A Request order may contain information such as:

  • the relevant product;

  • quantity;

  • product variations;

  • materials;

  • dimensions;

  • colors;

  • specifications;

  • attributes;

  • customization;

  • branding or private-label requirements;

  • requested production timing;

  • requested delivery timing;

  • shipping destination;

  • attachments;

  • proposed pricing;

  • proposed payment terms; and

  • other commercial requirements.

Submitting a Request order communicates the buyer's proposed requirements to the manufacturer.

Submitting a Request order does not by itself create a binding purchase obligation or require the manufacturer to manufacture, reserve capacity, sell, or ship the requested products.

The manufacturer may:

  • accept the request;

  • decline the request;

  • cancel the request where applicable;

  • request additional information; or

  • propose modifications.

Acceptance of the initial Request order may move the parties into the next stage of the Factory Order workflow. Unless the Service expressly indicates that final commercial terms have been confirmed, acceptance of the initial request does not necessarily mean that all terms of the eventual Order have been finalized.

  1. Request Samples

A buyer may use Request samples to request one or more product samples from a manufacturer.

A Request samples submission may include:

  • product information;

  • sample quantity;

  • product variations;

  • materials;

  • colors;

  • specifications;

  • customization;

  • shipping destination;

  • requested timing;

  • attachments;

  • proposed sample pricing;

  • shipping arrangements; and

  • other relevant terms.

A manufacturer may accept, decline, cancel, or propose modifications to a sample request.

The buyer and manufacturer are responsible for agreeing on any:

  • sample price;

  • production cost;

  • customization cost;

  • shipping charge;

  • tax;

  • duty;

  • delivery requirement; or

  • other commercial condition associated with the sample.

Unless expressly agreed between the buyer and manufacturer, a sample does not guarantee that future production units will be identical to the sample.

  1. Negotiation and Modification

Factory may allow buyers and manufacturers to negotiate commercial terms after a Request order or Request samples submission.

Either party may propose changes where permitted by the applicable Factory workflow.

Changes may relate to:

  • product specifications;

  • quantity;

  • pricing;

  • materials;

  • variations;

  • customization;

  • manufacturing requirements;

  • packaging;

  • sample requirements;

  • production timing;

  • shipping;

  • payment terms;

  • delivery; or

  • other commercial conditions.

Users are responsible for reviewing proposed changes carefully before accepting or confirming them.

Where a subsequent proposal or confirmation expressly modifies an earlier proposal, the later mutually agreed terms control to the extent of the modification.

  1. Orders

An Order is a commercial arrangement between a buyer and manufacturer documented through Factory's Order workflow.

An Order may contain or reference:

  • buyer information;

  • manufacturer information;

  • products;

  • quantities;

  • variations;

  • specifications;

  • materials;

  • customization requirements;

  • pricing;

  • currency;

  • production requirements;

  • production timelines;

  • shipping arrangements;

  • delivery requirements;

  • payment terms;

  • documents;

  • attachments; and

  • other terms agreed between the parties.

Factory enables the parties to document, communicate, update, and confirm information related to an Order.

The underlying sale, manufacturing arrangement, or supply agreement is directly between the buyer and manufacturer. Factory is not a party to that agreement.

Where the Factory workflow requires both parties to confirm final commercial terms, the parties are responsible for reviewing those terms before providing their confirmation.

A Request order, preliminary acceptance, message, quotation, or proposal does not necessarily represent the final terms of an Order unless the parties have mutually confirmed those terms.

  1. Electronic Actions and Confirmations

Factory may use buttons, status changes, Messages, confirmations, acknowledgments, and other electronic actions to document user decisions.

By taking an action through Factory that expressly indicates acceptance, confirmation, approval, cancellation, modification, or another commercial decision, you acknowledge that Factory may record that action as part of the relevant commercial history.

You agree that electronic communications and actions may be used to document agreements and commercial activity between users to the extent permitted by applicable law.

You are responsible for reviewing information presented to you before confirming an action.

Factory's records of actions taken through an account may be used to establish what occurred within the Service, subject to applicable law.

  1. Order Statuses and Progress Tracking

Factory may allow Orders to move through different statuses or stages.

These may include statuses such as:

  • pending;

  • accepted;

  • active;

  • in production;

  • ready;

  • shipped;

  • completed;

  • canceled; or

  • other statuses made available through the Service.

Statuses are intended to help buyers and manufacturers document and coordinate the progress of their Orders.

Certain statuses may depend on information reported or confirmed by users.

Unless Factory expressly states otherwise, an Order status does not constitute independent verification by Factory that:

  • payment occurred;

  • manufacturing began;

  • manufacturing was completed;

  • product specifications were satisfied;

  • an inspection occurred;

  • goods were shipped;

  • goods cleared customs;

  • delivery occurred; or

  • another commercial event actually took place.

Users are responsible for providing accurate status information.

  1. Payments Outside Factory

Factory Pay is not available in this version of the Service.

Factory does not currently process payments for Orders created through the Factory marketplace workflow.

Buyers and manufacturers independently determine:

  • payment method;

  • payment provider;

  • payment schedule;

  • deposit amount;

  • balance amount;

  • currency;

  • banking details;

  • payment recipient;

  • refund arrangements; and

  • other payment terms.

Payment takes place outside Factory.

Factory does not currently:

  • collect the purchase price;

  • hold buyer funds;

  • hold manufacturer funds;

  • process transaction payments;

  • provide escrow for Orders;

  • guarantee payments;

  • guarantee refunds;

  • guarantee deposits;

  • guarantee reimbursement;

  • guarantee the accuracy of payment instructions provided by a user; or

  • reverse or recover payments made through an external payment provider.

Users are responsible for independently verifying payment instructions before transferring funds.

Payment fraud, including fraudulent changes to banking or wire-transfer instructions, can occur in commercial transactions. Users should independently confirm payment details using a trusted method before sending funds.

You should not provide passwords, authentication codes, full payment-card credentials, online banking credentials, or similar sensitive financial authentication information through Factory Messages.

Future integrated payment products, including Factory Pay, may be governed by additional or separate terms.

  1. Payment and Order Confirmations

Factory may allow buyers or manufacturers to record or confirm that certain events occurred outside Factory, including:

  • invoices being issued;

  • deposits being requested;

  • payments being sent;

  • payments being received;

  • production beginning;

  • production milestones being completed;

  • goods being ready;

  • goods being shipped;

  • goods being delivered; or

  • an Order being completed.

Such confirmations help maintain the Order workflow.

Unless Factory expressly states otherwise, these confirmations are based on information provided by the users involved and are not independent certifications by Factory.

  1. No Factory Subscription in This Version

Factory does not currently require a paid subscription to access the marketplace features described in these Terms.

Factory may introduce subscriptions, paid features, verification programs, transaction services, or other commercial products in the future.

If we introduce paid services, the applicable price and any additional terms will be disclosed before you purchase or subscribe to those services.

  1. Shipping, Freight, Customs, and Delivery

Unless Factory expressly agrees otherwise in writing, buyers and manufacturers are responsible for determining and agreeing on shipping and delivery arrangements.

Depending on the transaction, the parties may be responsible for matters including:

  • freight;

  • carriers;

  • shipping methods;

  • packaging;

  • insurance;

  • pickup;

  • delivery;

  • tracking;

  • customs;

  • duties;

  • tariffs;

  • taxes;

  • import documentation;

  • export documentation;

  • product classification;

  • licenses;

  • inspections;

  • permits; and

  • other logistics requirements.

Factory is not a freight forwarder, carrier, customs broker, or insurer unless expressly stated otherwise for a separate service.

Factory does not guarantee shipping times, customs clearance, freight performance, or delivery.

  1. Taxes

Buyers and manufacturers are responsible for determining their respective tax obligations arising from transactions conducted through or initiated using Factory.

Factory does not provide tax, accounting, customs, or legal advice.

Unless Factory expressly becomes responsible for collecting a particular tax under applicable law or a future service, each party remains responsible for taxes, duties, tariffs, assessments, and governmental charges applicable to its activities.

  1. Product Compliance and Safety

Manufacturers and buyers are responsible for understanding the laws and standards applicable to products they manufacture, purchase, import, export, distribute, resell, or use.

Depending on the product and destination, requirements may relate to:

  • product safety;

  • materials;

  • testing;

  • labeling;

  • packaging;

  • certifications;

  • environmental requirements;

  • electrical or technical standards;

  • health regulations;

  • customs;

  • import restrictions;

  • export restrictions; or

  • industry-specific regulation.

Factory does not guarantee that a Product Listing or product complies with the laws or standards of any jurisdiction.

  1. International Trade, Export Controls, and Sanctions

Factory is a global marketplace.

Users are responsible for complying with applicable:

  • export-control laws;

  • import laws;

  • economic sanctions;

  • trade restrictions;

  • embargoes;

  • customs rules;

  • anti-boycott requirements; and

  • other international trade laws.

You may not use Factory to conduct a transaction prohibited by applicable law.

You represent that your use of Factory will not violate applicable sanctions or trade restrictions.

Factory may restrict or suspend activity where reasonably necessary to comply with law or protect the Service.

  1. Cancellations and Refunds

Because Factory does not currently process marketplace payments, Factory does not issue refunds for payments made by buyers directly to manufacturers.

Buyers and manufacturers are responsible for agreeing on:

  • cancellation rights;

  • deposits;

  • refundability;

  • returns;

  • rejected products;

  • replacement products;

  • credits;

  • production cancellation costs;

  • shipping costs; and

  • other remedies associated with an Order.

Factory may allow users to record that an Order or request has been canceled or otherwise changed.

Recording a cancellation through Factory does not itself determine whether money is owed, refundable, recoverable, or forfeited between the parties.

  1. Disputes Between Buyers and Manufacturers

Commercial disputes may arise between buyers and manufacturers concerning matters such as:

  • payment;

  • product quality;

  • specifications;

  • quantities;

  • manufacturing;

  • delays;

  • samples;

  • shipping;

  • delivery;

  • intellectual property;

  • cancellation;

  • refunds; or

  • other transaction terms.

The buyer and manufacturer are primarily responsible for resolving disputes arising from their transaction.

Factory may, but is not obligated to:

  • provide communication tools;

  • preserve relevant platform records;

  • review reported conduct;

  • request information;

  • restrict accounts;

  • moderate marketplace activity; or

  • take other action relating to violations of Factory policies.

Factory's involvement in reviewing a dispute does not make Factory a party to the transaction and does not obligate Factory to compensate either party.

Because Factory does not currently process transaction payments or provide escrow, Factory generally cannot reverse or recover payments made outside the Service.

  1. No Guarantee of Users, Manufacturers, or Transactions

Factory provides a marketplace through which businesses can discover and communicate with one another.

Factory does not guarantee:

  • the identity of a user;

  • the legitimacy of a Company;

  • the authority of every Company Member;

  • manufacturing capabilities;

  • production capacity;

  • financial condition;

  • creditworthiness;

  • certifications;

  • product quality;

  • product safety;

  • product authenticity;

  • intellectual property ownership;

  • regulatory compliance;

  • pricing;

  • payment;

  • manufacturing performance;

  • shipping;

  • delivery;

  • transaction completion; or

  • the commercial success of any relationship.

If Factory introduces verification features in the future, the meaning and scope of any verification will be governed by the applicable verification program.

  1. User Content

"User Content" means information or materials users submit, upload, publish, transmit, or otherwise make available through Factory.

User Content may include:

  • Company information;

  • Product Listings;

  • catalogs;

  • photographs;

  • videos;

  • logos;

  • trademarks;

  • documents;

  • certifications;

  • Messages;

  • specifications;

  • attachments;

  • commercial information; and

  • other materials.

You retain any ownership rights you have in your User Content.

By providing User Content to Factory, you grant Complexity LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, format, transmit, display, and otherwise use that User Content as reasonably necessary to:

  • provide the Service;

  • display Company Profiles and Product Listings;

  • operate search and discovery;

  • enable Messages;

  • enable Request order and Request samples;

  • operate Orders;

  • provide Company functionality;

  • maintain security;

  • provide support;

  • enforce our policies; and

  • maintain and improve the Service.

You represent and warrant that:

  • you own the User Content or have all rights necessary to provide it;

  • your User Content does not violate applicable law;

  • your User Content does not infringe another person's rights; and

  • your User Content is not materially false, deceptive, or misleading.

  1. Intellectual Property

Factory, Complexity LLC, and their licensors own all rights in and to the Service and Factory-owned materials, including:

  • software;

  • interfaces;

  • designs;

  • graphics;

  • branding;

  • trademarks;

  • logos;

  • databases;

  • functionality;

  • documentation; and

  • other proprietary materials.

Except as permitted by these Terms or applicable law, you may not:

  • copy or reproduce Factory software or proprietary materials;

  • modify or create derivative works from Factory software;

  • reverse engineer Factory except where applicable law expressly permits it;

  • use Factory trademarks without authorization;

  • falsely imply an affiliation with Factory or Complexity LLC;

  • systematically scrape or extract Factory data without authorization;

  • circumvent technical restrictions;

  • interfere with the Service; or

  • use Factory proprietary data or content to create or maintain a competing marketplace, directory, database, or service without authorization.

  1. Intellectual Property of Others

Factory respects intellectual property rights.

Users may not use Factory to:

  • sell counterfeit goods;

  • infringe trademarks;

  • infringe copyrights;

  • misappropriate trade secrets;

  • violate patent rights; or

  • otherwise infringe another person's intellectual property.

If you believe content available through Factory infringes your intellectual property rights, contact:

support@factory.social

Please provide sufficient information for us to identify the relevant content and understand your claim.

Factory may remove or restrict allegedly infringing content where appropriate and may restrict or terminate repeat or serious infringers.

  1. Prohibited Products and Transactions

You may not use Factory to manufacture, source, offer, sell, purchase, distribute, or facilitate products or services that are unlawful under applicable law.

Factory may prohibit or restrict additional categories of products or transactions through marketplace policies.

You are responsible for determining whether the products involved in your transaction may lawfully be manufactured, sold, exported, imported, purchased, distributed, or used.

  1. Prohibited Conduct

You may not:

  • violate applicable law;

  • commit or facilitate fraud;

  • provide false or misleading information;

  • misrepresent a Company;

  • misrepresent manufacturing capabilities;

  • falsify documents or certifications;

  • impersonate another person or Company;

  • sell or source counterfeit goods;

  • infringe intellectual property rights;

  • distribute malware or malicious content;

  • interfere with Factory's systems;

  • circumvent security measures;

  • attempt unauthorized access;

  • scrape or harvest information in violation of these Terms;

  • use automated systems in a manner that materially burdens or disrupts Factory;

  • manipulate marketplace metrics or analytics;

  • harass or threaten users;

  • use Factory for unlawful discrimination;

  • use Factory to facilitate prohibited transactions;

  • circumvent account restrictions or enforcement actions; or

  • encourage another person to engage in prohibited conduct.

  1. Reviews, Reports, and Enforcement

Factory may investigate activity that appears to violate these Terms or otherwise creates risk to the marketplace.

Factory may review relevant information, including account information, Company information, Product Listings, Messages, requests, Order records, reports, and other Service activity, subject to our Privacy Policy.

We may take action including:

  • issuing warnings;

  • removing content;

  • restricting Product Listings;

  • restricting Company Profiles;

  • limiting functionality;

  • restricting communications;

  • canceling or disabling platform workflows;

  • suspending accounts;

  • terminating accounts; or

  • reporting activity to appropriate authorities where required or appropriate.

Factory is not obligated to monitor every user, listing, Message, Order, or transaction.

  1. Third-Party Services

Factory may contain links to or interact with third-party services.

Users may independently use third-party services in connection with Factory transactions, including:

  • banks;

  • payment providers;

  • freight providers;

  • carriers;

  • customs brokers;

  • inspection companies;

  • laboratories;

  • insurance providers; and

  • other service providers.

Factory does not control those third parties and is not responsible for their products, services, acts, omissions, security, availability, or business practices.

Your relationship with a third-party provider is governed by your agreement with that provider.

  1. Privacy

Factory's collection, use, and disclosure of personal information is described in the Factory Privacy Policy.

By using Factory, you acknowledge that information intentionally published through Company Profiles, Product Listings, catalogs, and other public marketplace features may be visible to Factory users or the public.

Information provided through Messages, Request order, Request samples, and Orders may be disclosed to the other parties and authorized Company Members involved in the relevant commercial activity.

  1. Service Availability

Factory may add, remove, modify, test, suspend, or discontinue features at any time.

Features may vary based on:

  • device;

  • application version;

  • location;

  • account type;

  • Company status;

  • marketplace availability; or

  • other factors.

Factory does not guarantee that the Service or any particular feature will always be available, uninterrupted, secure, or error-free.

We may perform maintenance, updates, or changes that temporarily affect availability.

  1. Future Factory Services

Factory is an evolving marketplace.

We may introduce additional functionality in the future, including services relating to:

  • integrated payments;

  • Factory Pay;

  • transaction processing;

  • buyer or seller protection;

  • subscriptions;

  • verification;

  • logistics;

  • inspections;

  • financing;

  • insurance;

  • marketplace services; or

  • other commercial products.

New features may be subject to additional terms, policies, fees, or agreements.

These Terms do not mean that Factory is obligated to introduce any particular future feature.

  1. Suspension and Termination

Factory may restrict, suspend, or terminate your access to all or part of the Service where we reasonably believe:

  • you violated these Terms;

  • you violated applicable law;

  • you created fraud, security, legal, or safety risk;

  • information you provided was materially false or misleading;

  • you do not have authority to represent a Company;

  • your activity harms other users or the marketplace;

  • continued access could expose Factory or others to liability;

  • your account has been compromised; or

  • restriction is otherwise reasonably necessary to protect Factory or comply with law.

You may stop using Factory at any time.

You may request account deletion through available account controls or by contacting support@factory.social.

Certain information may be retained following account deletion as described in our Privacy Policy.

Termination of your Factory account does not automatically cancel, extinguish, or resolve contractual or financial obligations between you and another user arising from an existing transaction.

  1. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACTORY AND THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE."

FACTORY, COMPLEXITY LLC, AND THEIR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

FACTORY DOES NOT WARRANT OR GUARANTEE THAT:

  • THE SERVICE WILL ALWAYS BE AVAILABLE;

  • THE SERVICE WILL BE ERROR-FREE;

  • INFORMATION PROVIDED BY USERS WILL BE ACCURATE;

  • A COMPANY OR USER IS LEGITIMATE;

  • A MANUFACTURER HAS THE CAPABILITIES IT CLAIMS;

  • A PRODUCT WILL MEET A BUYER'S REQUIREMENTS;

  • PRODUCTS WILL BE SAFE OR FREE FROM DEFECTS;

  • PRODUCTS WILL COMPLY WITH APPLICABLE LAW;

  • A BUYER WILL PAY;

  • A MANUFACTURER WILL PERFORM;

  • AN ORDER WILL BE COMPLETED;

  • GOODS WILL BE MANUFACTURED ON TIME;

  • GOODS WILL BE SHIPPED OR DELIVERED;

  • A PAYMENT MADE OUTSIDE FACTORY WILL BE SECURE OR RECOVERABLE; OR

  • A COMMERCIAL DISPUTE WILL BE RESOLVED IN A PARTICULAR MANNER.

Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.

  1. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FACTORY, COMPLEXITY LLC, THEIR AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OPPORTUNITY, OR ANTICIPATED SAVINGS ARISING OUT OF OR RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FACTORY IS NOT LIABLE FOR LOSSES ARISING FROM OR RELATING TO:

  • THE CONDUCT OF A BUYER OR MANUFACTURER;

  • FALSE OR MISLEADING USER INFORMATION;

  • A PRODUCT OR PRODUCT LISTING;

  • PRODUCT QUALITY;

  • PRODUCT DEFECTS;

  • PRODUCT SAFETY;

  • PRODUCT COMPLIANCE;

  • INTELLECTUAL PROPERTY INFRINGEMENT BY A USER;

  • MANUFACTURING DELAYS;

  • PRODUCTION FAILURES;

  • NON-PAYMENT;

  • PAYMENT MADE OUTSIDE FACTORY;

  • FRAUDULENT OR INCORRECT PAYMENT INSTRUCTIONS PROVIDED BY ANOTHER USER;

  • BANK OR PAYMENT-PROVIDER ACTIVITY;

  • CANCELLATIONS;

  • REFUNDS;

  • SHIPPING;

  • CUSTOMS;

  • DUTIES OR TARIFFS;

  • LOSS OR DAMAGE IN TRANSIT;

  • DELIVERY DELAYS;

  • THIRD-PARTY SERVICES;

  • EXTERNAL WEBSITES;

  • COMMERCIAL DISPUTES BETWEEN USERS; OR

  • EVENTS OUTSIDE FACTORY'S REASONABLE CONTROL.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FACTORY AND COMPLEXITY LLC ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

(A) THE AMOUNT YOU PAID DIRECTLY TO FACTORY FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR

(B) US$100.

Some jurisdictions do not permit certain exclusions or limitations of liability. To the extent a limitation is prohibited by applicable law, that limitation will apply only to the maximum extent permitted by law.

  1. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Complexity LLC, Factory, their affiliates, and their respective officers, directors, employees, contractors, agents, and representatives from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable legal fees, arising from or relating to:

  • your use of Factory;

  • your User Content;

  • your Company;

  • your Product Listings;

  • products you manufacture, offer, purchase, or sell;

  • your commercial relationship with another user;

  • your Orders;

  • your payment arrangements;

  • your breach of these Terms;

  • your violation of applicable law;

  • your violation of another person's rights; or

  • fraud, negligence, misconduct, or unlawful activity attributable to you.

  1. Governing Law

These Terms and any dispute arising out of or relating to these Terms or Factory are governed by the laws of the State of Texas, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.

  1. Dispute Venue

Except where applicable law requires otherwise, disputes between you and Factory or Complexity LLC arising out of or relating to these Terms or the Service must be brought in a state or federal court of competent jurisdiction located in Texas.

You consent to the personal jurisdiction of those courts for such disputes.

This section governs disputes involving Factory or Complexity LLC. It does not determine the governing law or forum applicable to a separate commercial dispute between a buyer and manufacturer unless those parties separately agree to such terms.

  1. Electronic Communications

By using Factory, you agree that Factory may provide notices and communications electronically, including through:

  • the Service;

  • email;

  • account notifications; or

  • other electronic methods reasonably associated with your account.

Electronic communications may satisfy legal requirements that communications be in writing to the extent permitted by applicable law.

You are responsible for maintaining accurate contact information associated with your account.

  1. Changes to These Terms

Factory may update these Terms from time to time as the Service, marketplace, laws, or business practices evolve.

If we make material changes, we may provide notice through:

  • Factory;

  • email; or

  • another reasonable method.

The Effective Date at the beginning of these Terms identifies when the current version became effective.

Your continued use of Factory after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.

Where required by law or where appropriate for a material change, Factory may ask you to affirmatively accept updated Terms.

  1. Severability

If any provision of these Terms is held to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in effect.

  1. Waiver

Factory's failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

  1. Assignment

You may not assign or transfer your rights or obligations under these Terms without prior written consent from Factory.

Factory or Complexity LLC may assign these Terms in connection with:

  • a merger;

  • acquisition;

  • corporate restructuring;

  • financing;

  • reorganization;

  • sale of assets;

  • transfer of the Factory business; or

  • similar transaction.

  1. No Agency or Partnership

These Terms do not create a partnership, joint venture, employment, franchise, agency, fiduciary, or similar relationship between Factory and any user.

A buyer and manufacturer transact independently from Factory.

No user has authority to bind Factory or Complexity LLC.

  1. Entire Agreement

These Terms, together with the Factory Privacy Policy and any additional terms or policies expressly incorporated into them, constitute the agreement between you and Factory concerning your use of the Service.

Additional commercial terms agreed directly between a buyer and manufacturer govern their transaction to the extent those terms do not purport to impose obligations on Factory.

  1. Contact Us

Factory is operated by:

Complexity LLC
Texas, United States

Factory: factory.social
Email: support@factory.social

For questions about these Terms, account matters, legal inquiries, reports, or support, contact us at:

support@factory.social