Terms of Service
Please read the below terms and conditions carefully regarding Render Swarm Rendering Services, before using the same.
This Agreement is between two parties or Individuals namely Render Swarm Render Farm (“RS” or “we” or “our”) and you (“you” or your Company collectively or “Client” or an Individual), who creates an account and/or uses Render Swarm’s Rendering Services, and abides with our terms and conditions of your use of our Rendering Services. This Agreement, together with other supplemental documents expressly incorporated herein by reference and published from time to time by Render Swarm (including but not limited to: technical documentation, policies, price schedules), constitutes the entire agreement between “Render Swarm” and “you” regarding Rendering Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. By using Render Swarm Services, you confirm your acceptance of and agree to be bound by, this Agreement in whole.
Article 1. Definition of Terms
1.1. “Party” or “Parties”: means individually and indifferently the Client or Render Swarm, or means collectively the Client and Render Swarm.
1.2. “Project”: means one or several scenes, occasionally accompanied with its assets, textures, references, etc. supplied by the Client to Render Swarm for Rendering Services.
1.3. “Rendering Services” or “Service(s)”: means any and all services provided by Render Swarm in the process of generating a single or multiple computer images from a scene using computer processing power of the CPU or the Graphical processing power of GPU.
1.4. “Technical documentation”: means the technical documentation available here: which presents the service in general…
Article 2. Rendering Services
2.1. Render Swarm is in the business of providing rendering services that you can access to and use of a single Render Swarm account.
2.2. A Render Swarm account allows you to use our products provided by and connected to the service. It is our goal to provide you with the best access possible to online computing resources available through the Internet from anywhere and any-time.
2.3. Render Swarm may at its sole discretion modify the features of the Service from time to time without prior notice or acceptance, however, we will do our best to make regular announcements containing such modifications and added features.
Article 3. License
3.1. Render Swarm grants you a personal, non-exclusive and non-transferable, license to use the products and software contained in or made available through the Rendering Services, solely for your own internal purposes and pursuant to the provisions of this Agreement. All rights not expressly granted by Render Swarm to you are retained.
3.2. You may not:
(i) copy or use Render Swarm’s software or documentation except as permitted by this Agreement;
(ii) reverse engineer, decompile or disassemble Render Swarm’s software.
Article 4. Intellectual Property
4.1. Except for the licenses granted herein, the Client has no right, title, or interest in or to the Services, products, and/or materials belonging to Render Swarm. The Client agrees that Render Swarm or its licensor’s retain all proprietary rights, title, and interest, including copyright and all other intellectual property rights, in and to the Services, products, and/or materials belonging to Render Swarm.
4.2. The Website and the Services are valuable, proprietary, and unique, and the Client agrees to be bound by and observe the proprietary nature of the Website and the Services. The Website and the Services contain material that is protected by patent, trademark, copyright, and trade secret law, and by international treaty provisions.
4.3. Notwithstanding the foregoing, the Client retains the property of all its proprietary content provided to Render Swarm for the Services of rendering, which includes the results of the Rendering Services. The proprietary content of the Client is protected by trademark, copyright, and trade secret law, and by international treaty provisions. By disclosing information to Render Swarm, the Client does not grant any express or implied right to Render Swarm to or under Client patents, copyrights, trademarks, or trade secret information.
Article 5. Registration
5.1. To use our services, you must create a user account to access the Rendering Services, by submitting a complete registration form which is continuously available on our Website.
5.2. You are able to only operate one sole account on our system.
5.3. As part of the registration process for the Rendering Services, you agree to:
(i) provide certain limited information about you as prompted to do so by the Services (such information to be current, complete, and accurate); and
(ii) maintain and update this information as required to keep it current, complete, and accurate;
(iii) secure your personal password, under your own responsibility, for its proper storage.
5.4. If Render Swarm discovers that any of your registration data is inaccurate, incomplete, or not current, we may suspend or terminate your right to access and receive the Rendering Services immediately upon notice per email to the registered email address. Render Swarm may also reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber or user of the Service.
Article 6. Privacy
6.1. The data from our registration form is collected in storage by Render Swarm (responsible for the treatment) for the creation of your account, the use of our service, and client support.
6.2. We keep it for the duration of our sales relationship. It is used by the marketing and the customer service departments.
6.3. This data may be transferred to our emailing partner which sends the communication to as a newsletter, promotion, etc. which you can unsubscribe any-time.
Article 7. Payment of Fees
7.1. Render Swarm offers the Rendering Services in consideration of the Fees as displayed on the Website (feature under implementation).
7.2. The applicable Fees for the Rendering Services are those that are displayed at the time you place your order (feature under implementation).
7.3. Render Swarm reserves the right to change the Fees or applicable charges and to institute new charges at any time.
7.4. In the event you cancel the Rendering Services, Render Swarm will not refund any Fees already paid by you, even in case you don’t use the Services.
7.5. Each Render Swarm user has a balance. Each time you run a project, the amount corresponding to the render time charged is automatically removed from your balance.
7.6. If your project costs more than the amount you have left in your balance, your job will run the risk of being stopped. Then, if you still want to render the project, you will have to re-render from scratch.
Article 8. Trial Offers, Coupons, Credits and Special Offers
Render Swarm reserves the right to discontinue or modify any promotional offer at its own discretion. Free Trial terms may vary by promotional offer.
Article 9. Termination
9.1. Render Swarm, in its sole discretion, may terminate your account or use of the Rendering Services and remove and discard any Data within the Service if necessary or if you fail to comply with this Agreement.
9.2. You may terminate your user account upon notice to Render Swarm at any time; however, you will not receive a refund of any portion of your fees paid to Render Swarm.
9.3. Upon termination by Render Swarm or at your direction, all your user data will be deleted.
9.4. Upon termination of an account, your right to use such an account and the Service immediately ceases. Render Swarm shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.
Article 10. Confidentiality
10.1. Render Swarm shall treat as confidential all “Information” obtained from the Client pursuant to this Agreement and shall not disclose such Confidential Information to any person (except to its own employees and then only on a need to know basis) without the Client’s prior written consent provided that this Clause shall not extend to information which is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this Clause) or which is trivial or obvious.
10.2. Render Swarm shall ensure that its employees are aware of and comply with the provisions of this Clause.
10.3. All Confidential Information shall remain the property of the Client.
10.4. Render Swarm shall be obligated to protect the Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, dissemination, or publication of the Confidential Information as Render Swarm uses to protect its own Confidential Information of a like nature.
10.5. Render Swarm declares that it does not consult the project(s) provided by the Client, as well as the results of the Rendering Services delivered by its computers.
10.6. You undertake to keep confidential and not to disclose to any third party, all “Information” (including but not limited to: information, data, know-how, etc.) obtained from (and belonging to) Render Swarm by using the Services.
Article 11. Limitation of Liability
11.1. Render Swarm warrants that it will use all reasonable efforts to perform the Services conforming to generally accepted industry standards. Render Swarm is only held by an obligation of means.
11.2. The Client acknowledges that Render Swarm reserves the right to suspend the Services in case of non-payment for any overdue invoice. Thus, in no circumstances, the Client may ask for some compensation to Render Swarm, in the event of the interruption of the Services arising from any incident of payment.
11.3. Render Swarm makes every reasonable effort to maintain the Servers and the Services but Render Swarm shall not, in any event, be liable for interruptions of the Services (subject to regularly scheduled server and network maintenance cycles) or down-time of the Servers. Indeed, because many events and circumstances are beyond the control of Render Swarm, Render Swarm does not in any way warrant or otherwise guarantee the availability of the Services and is not responsible for any delay or loss of data, lack of connection, slow connection, or any other such issues whether due to the active or passive negligence of Render Swarm. Render Swarm shall have the right to suspend the Services, as briefly as possible, at any time and for any reason, generally without notice, but if such suspension lasts or is to last for more than three (3) days the Client will be notified of the reason.
11.4. The client acknowledges and agrees that Render Swarm, its agents, executive, or employees shall not be liable to anyone for any direct or indirect, incidental, punitive, exemplary, special, consequential damages or similar damages, including any lost profits or lost data arising out of the use or inability to use the services even if Render Swarm, its agents, executive, or employees have been advised of the possibility of such damages. The client acknowledges and agrees that under no circumstances shall Render Swarm, its agents, executive, or employees be liable for any loss, cost, expense, or damage to the client in an amount that collectively exceeds the fees of the services.
Article 12. Disclaimer of Warranties
12.1. Render Swarm Cloud makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. Render Swarm does not represent or warrant that:
(i) the use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data,
(ii) the service will meet your requirements or expectations,
(iii) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations,
(iv) errors or defects will be corrected,
(v) the service or the servers that make the service available are free of viruses or other harmful components.
12.2. The service and all content is provided to you strictly on an “as is” basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Render Swarm.
Article 13. Indemnification
13.1. The Client agrees to indemnify, defend and hold Render Swarm harmless from and against any and all suits, losses, liabilities, damages, awards, claims, settlements, costs and expenses (including reasonable attorneys’ fees and costs), arising out of or otherwise relating to the use of the content provided by the Client for the Services of rendering, and concerning
- i) The infringement or violation of any third party patent, trademark, copyright or other proprietary right or interest.
- ii) An act of unfair or parasitic competition.
iii) A “breach of the peace”.
- iv) An offence against public decency.
- v) The violation of any legal stipulation.
13.2. The Client shall indemnify and hold Render Swarm and its parents, subsidiaries, affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all claims, costs, damages, losses, liabilities, and expenses (including attorneys’ fees and costs) arising out of or in connection with its use of the Services or breach of this Agreement.
Article 14. Force Majeure
Render Swarm shall not be deemed to be in breach of this Agreement, or otherwise to be liable to the Client, by reason of any delay in performance, or non-performance, of any of its obligations hereunder to the extent that such delay or non-performance is due to any Force Majeure of which it has notified the Client, and time for performance of that obligation shall be extended accordingly.
Article 15. Relationship between the Parties
Given that the Parties are independent contractors, this Agreement shall be binding upon them only for the purposes set forth herein. Consequently, the provisions of this Agreement shall not, under any circumstances, be interpreted as creating any association or partnership between the Parties or as conferring any mandate from one Party to the other. Moreover, neither Party may bind the other in any manner whatsoever or in favor of anyone whomsoever, except in accordance with the provisions of this Agreement.
Article 16. Severability
16.1. If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16.2. The Parties are committed to replace ineffective provisions with those that are effective and to the best degree fulfil the intended economic purposes of the Parties.
Article 17. Amendment to Terms
Render Swarm reserves the right to change the terms and conditions of this Agreement or its policies relating to the Rendering Services at any time and shall notify you by posting an updated version of this Agreement on the Website. You are responsible for regularly reviewing this Agreement. Continued use of the Rendering Services after any such changes shall constitute your consent to such changes.