Terms of Service

Introduction

Welcome to BrenderCloud. These Terms of Service ("Terms") govern your access to and use of BrenderCloud, a cloud rendering service for Blender files. BrenderCloud is operated by BrenderLabs, a company dedicated to developing solutions for distributed rendering in professional environments.

1. Description of the Service

BrenderCloud provides an online platform for rendering Blender project files in the cloud. Here's how the service works:

• File Upload: Users can upload .blend files (and any associated assets) through the BrenderCloud interface.
• Preprocessing: Once uploaded, the system automatically analyzes the file to extract key metadata.
• Choose Settings & Verify Email: After preprocessing, users are prompted to select their desired render settings.
• Estimation and Quote: A short preview render or system analysis will be performed to estimate the required rendering time and resources.
• Usage-Based Billing (Monthly via Stripe): BrenderCloud operates on a pay-per-use basis.
• Rendering and Download: BrenderCloud initiates the render using cloud servers.

2. User Obligations and Acceptable Use

When using BrenderCloud, you agree to the following obligations and acceptable use policies. These rules are in place to protect both users and BrenderCloud:

• Ownership of Content: You affirm that you own or have all necessary rights and permissions to upload any file or content you submit to BrenderCloud.
• No Infringement: You must not upload content that violates any intellectual property rights.
• Appropriate Use of Service: You agree to use BrenderCloud only for lawful purposes and in accordance with all applicable laws.
• Accurate Information: You must provide accurate and truthful information when registering or using the service.
• No Resale or Misuse: BrenderCloud is intended for rendering your own projects.
• Compliance with Guidelines: You agree to follow any technical instructions or submission requirements provided by BrenderCloud.

3. User Content Rights and License

• Your Content: BrenderCloud does not claim ownership of the Blender project files or any intellectual property included in the files you upload.
• License to BrenderCloud: To deliver the rendering service, you grant BrenderCloud a limited, non-exclusive, worldwide, royalty-free license to use, copy, transmit, and temporarily store your uploaded files.

4. Fees and Payment

BrenderCloud is a paid service. By using it, you agree to the following terms regarding fees and payments:

• Price Estimates: Prior to rendering, BrenderCloud provides an automated quote based on the estimated computing time and resources needed for your job.
• Monthly Payment via Stripe: Payments are aggregated and billed monthly.
• Invoices and Receipts: After payment is processed, you will receive a receipt via email.
• No Subscriptions: BrenderCloud does not operate on a subscription model.
• Currency and Exchange Rates: All charges are made in U.S. dollars (USD) unless otherwise specified.
• Taxes: Applicable taxes will be included in your monthly invoice or stated separately.
• Failed or Disputed Payments: If your payment fails or is reversed, BrenderCloud reserves the right to suspend or cancel any ongoing jobs.
• Secure Transactions: All Stripe transactions are processed over encrypted connections.

5. Refund Policy

BrenderCloud is committed to delivering a high-quality rendering service. We understand that issues may arise, and therefore we offer the following refund policy:

• Full Refunds for Service Failures: If BrenderCloud fails to complete your rendering due to system errors or service disruptions.
• Quality Issues Due to Our Errors: If a render completes but the output is clearly unusable due to errors on BrenderCloud's side.
• User-Related Issues: Refunds will not be issued for quality concerns arising from user-side errors.
• Refund Requests: To request a refund, contact our support team within 7 days of completion of the job.
• Chargebacks: If you file a chargeback without first attempting to resolve the issue through BrenderCloud support, we reserve the right to contest the dispute.
• Other Refund Scenarios: If, after payment, we determine that your job cannot be completed, we will cancel the job and issue a full refund.

6. Data Retention and Privacy

Your privacy and data security are important to us. BrenderCloud handles your uploaded files and personal data in accordance with our Privacy Policy. The following outlines our data retention practices:

• Retention of Files and Results (30 Days): BrenderCloud retains your uploaded Blender files and the corresponding rendered outputs for 30 days.
• Early Deletion Option: If you wish to have your files or rendered outputs deleted prior to the 30-day retention deadline.
• Privacy of Content: Your uploaded content and render outputs are treated as private and confidential.
• Personal Data: We collect limited personal data, such as your email address and billing information.
• Data Security: We employ reasonable technical and organizational measures to safeguard your files and personal data.
• Third-Party Processing: To deliver our services, BrenderCloud may rely on trusted third-party providers.
• Legal Compliance: BrenderCloud may retain or disclose your data if required by law or legal proceedings.

7. Modifications to the Service and Terms

• Changes to the Service: BrenderCloud is continually evolving. We reserve the right to modify or discontinue the service or any of its features at any time.
• Changes to These Terms: BrenderCloud may revise these Terms at any time.
• Acceptance of Changes: Continued use of BrenderCloud following the publication of revised Terms constitutes your acceptance of the changes.
• Emergency Updates: In urgent scenarios, we may implement changes immediately without prior notice.
• Access to Prior Versions: If you need to review a previous version of the Terms for reference or legal purposes, you may request it through our support team.

8. Suspension and Termination

• Termination or Suspension by BrenderCloud: BrenderCloud may suspend or terminate your access to the service, or cancel rendering jobs, at our discretion.
• Termination by User: You may stop using BrenderCloud at any time.
• Effect of Termination: Once your access is terminated, your ability to upload files and use the platform will be disabled.
• Survival of Terms: Any provisions that should reasonably survive termination will continue to apply.
• No Liability for Termination: Except as described under our Refund Policy, BrenderCloud is not liable to you or third parties for termination of service or job cancellations.

9. Disclaimer of Warranties

BrenderCloud aims to provide a reliable, high-quality service. However, the platform is offered on an "as is" and "as available" basis, without warranties of any kind except as explicitly stated in these Terms or required by applicable law. By using BrenderCloud, you agree to the following:

• No Guarantee of Perfection: We do not guarantee that the service will meet all your expectations or that the rendered output will be flawless.
• Service Availability: While we strive for high uptime and fast processing, we cannot guarantee uninterrupted, timely, or error-free service.
• Results and Accuracy: We do not warrant that render results will be technically flawless or error-free.
• No Implied Warranties: To the extent permitted by law, we disclaim all implied warranties.
• External Services: BrenderCloud is not responsible for the reliability or performance of third-party services.
• Beta Features: Any beta or experimental features are offered without warranties and may be modified or removed at any time.

10. Limitation of Liability

To the maximum extent permitted under applicable law, you acknowledge and agree to the following limitations on BrenderCloud's liability:

• Indirect Damages: BrenderCloud shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages.
• Cap on Direct Damages: BrenderCloud's total liability for any claims arising out of or relating to a specific rendering project is limited to the amount you paid for that specific service.
• Responsibility for Own Actions: BrenderCloud is only liable for damages that result directly from our breach of these Terms or our negligence.
• Exceptions: These limitations do not apply where exclusion of liability is not permitted by law.
• Jurisdiction-Specific Considerations: If German law applies and you are not a consumer, our liability for slight negligence is limited to essential contractual duties.
• Release: To the extent permitted by law, you release BrenderCloud and its affiliates from liability for disputes between you and any third party.
• No Liability for Timelines: Estimated rendering durations are provided for guidance only.

11. Indemnification

You agree to indemnify, defend, and hold harmless BrenderCloud, its owners, employees, and agents from and against any third-party claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to:

• Your uploaded content, including any actual or alleged infringement of intellectual property, privacy, or other rights;
• Your use of the service in violation of these Terms or applicable law;
• Your breach of any representation, warranty, or obligation under these Terms; or
• Any fraud, misrepresentation, or misconduct by you.

12. Governing Law and Jurisdiction

These Terms of Service and any dispute or claim arising out of or in connection with these Terms or your use of BrenderCloud shall be governed by the laws of the Federal Republic of Germany, excluding its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.

13. Miscellaneous Provisions

• Entire Agreement: These Terms represent the entire agreement between you and BrenderCloud.
• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be enforced to the extent permitted by law.
• No Waiver: Failure to enforce any part of these Terms does not constitute a waiver of future enforcement.
• Assignment: You may not assign your rights or obligations under these Terms without prior written consent.
• Relationship of the Parties: You and BrenderCloud are independent parties.
• Third-Party Beneficiaries: These Terms are solely between you and BrenderCloud and do not create rights for any third party.
• Headings and Interpretation: Section titles are for convenience only.
• Notices: We may communicate with you via the email you provided, postal address, or through announcements on our website.
• Force Majeure: BrenderCloud is not liable for any delay or failure to perform due to causes beyond our control.

14. Contact Information

If you have any questions, concerns, or feedback about these Terms or the BrenderCloud service, please feel free to contact us.