TERMS AND CONDITIONS

PLEASE READ THIS TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICE

This Agreement is between SpeedGaze Technologies Solutions Private Limited ("SpeedGaze") and you ("you" or "Customer"), as an authorized user of SpeedGaze Render & Cloud Computing Platform for Rendering, Image Processing, Video Conversion, Simulation related Services, and governs the terms and conditions of your use of the Services. This Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to time by SpeedGaze (collectively, the “Agreement" or “TOU”), constitutes the entire agreement between SpeedGaze and you regarding Render Services, and supersedes all prior agreements between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, "Render Services" or "Services" are defined as any and all services provided by SpeedGaze to you either now or in the future. By using SpeedGaze Services, you confirm your acceptance of, and agree to be bound by, this Agreement.

Definition of Terms

  1. SpeedGaze Render Farm is referred to herein as “SpeedGaze," "we," "us," or "our."
  2. You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."
  3. The equipment and software owned, leased, used by, or maintained for or by SpeedGaze are referred to herein as “system".
  4. User files, directory, and file content are referred to herein as user files.
  5. User file uploaded in and/or gathered by SpeedGaze's system about the user, user's files, and user's system usage (user's meta-information) are referred to herein as "user data."

Description of Service

SpeedGaze is in the business of providing web-based cloud computing & rendering services. It is our goal to provide you with the best access possible to online computing resources available through the Internet. Our business depends upon it and SpeedGaze is strongly motivated to achieve success. We want you to have the best possible experience in dealing with online render farm and using SpeedGaze's services.

Registration

To use the Service, you must register on your behalf. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If SpeedGaze discovers that any of your Registration Data is inaccurate, incomplete or not current, SpeedGaze may terminate your right to access and receive the service immediately upon notice. SpeedGaze will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. SpeedGaze may reject a registration application if it determines, in its sole discretion that the user is not an appropriate subscriber or user of the Service. SpeedGaze reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts.

Incomplete Signup Emails

If you begin the sign up process for SpeedGaze Services but fail to complete the process, SpeedGaze may contact you one time via email in an effort to help successfully guide you through this process. You hereby authorize SpeedGaze to make such contact, even if you ultimately determine not to sign up for SpeedGaze Services.

Non-Transferable Membership

SpeedGaze grants you a personal, non-exclusive, non-transferable license to use the products and software contained in or made available through the Service (the "Content") solely for your own internal purposes. All rights not expressly granted by SpeedGaze to you are retained.

User Accounts

A user account is required to access the Service and may be accessed and used only by those authorized individuals who are registered with SpeedGaze. To open a user account, you or your company must complete the registration process by providing SpeedGaze with current, complete and accurate information as prompted by the registration form. In registering for the Service, you agree to submit accurate, current and complete information about you and promptly update such information. Should SpeedGaze suspect that such information is untrue, inaccurate, not current or incomplete; SpeedGaze has the right to suspend or terminate usage of the Service. You will choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual.

Payment of Fees

SpeedGaze offers its Service, as described on the SpeedGaze website (www.speedgaze.com) and as published within the Service, for Render service charges(the "Fees") which you will pay to SpeedGaze by authorized credit card through PayPal or wire transfer. The Fees applicable for the Service are available at www.speedgaze.com and as published within the Service. SpeedGaze reserves the right to change the Fees or applicable charges and to institute new charges at any time, upon thirty (30) days prior notice to you (which will be sent by email). If you believe SpeedGaze has charged you incorrectly, you must contact SpeedGaze no later than 7days after the render task is done, in order to receive an adjustment or credit. Inquiries should be directed to SpeedGaze's Customer Service Department (service@speedgaze.com).

Trial Offers, Coupons, Credits and Special Offers

SpeedGaze reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. You can also buy credits for formal render; render will be paused once your account has insufficient funds. System will not charge you if the render fails.

Software Installation and Uninstallation

You can download relative software and their latest versions from our official website www.speedgaze.com

SpeedGaze will not guarantee the usage of any software and/or installation program with the same name with SpeedGaze’s released by any third party without SpeedGaze’s authorization and it is not responsible for any damage from using such kinds of software and/or installation programs.

SpeedGaze may develop different versions of software based on its clients’ needs; you should download and install the right version according to your practical need.

Please install the software correctly according to its installation instructions.

If you do not need the software, please uninstall it.

Termination

SpeedGaze, in its sole discretion, may terminate your password, account or use of the Service and remove and discard any Data within the Service if you fail to comply with this Agreement. You may terminate your user account upon notice to SpeedGaze at any time; however, you will not receive a refund of any portion of your fees paid to SpeedGaze. Upon termination by SpeedGaze or at your direction, you may request a file of your Data on the premise that SpeedGaze still have your Data. You must make such request at the notification of termination to receive such file within (30) days of termination. Upon termination of an account, your right to use such account and the Service immediately ceases. SpeedGaze shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third party.

Proprietary Rights

SpeedGaze retains intellectual property rights of all materials in this website (www.speedgaze.com), except the following:

(1) Data uploaded by customers using SGCloud Application or the portal.

(2) Output data rendered by SpeedGaze from customers’ data upload.

All products, technologies and programs on this website (www.speedgaze.com) are the intellectual property of SpeedGaze. Without permission and authorization of SpeedGaze, no one may use these products, technologies and programs for any purpose by, including but not limited to, illegally copying, transmitting, displaying, mirroring, uploading, and downloading, or intervene in the normal service provision of SpeedGaze via unconventional methods (e.g. malicious intervention of Google data). No one may illegally obtain SpeedGaze data using software program. Otherwise, SpeedGaze reserves the right to pursue legal liability.

Indemnification

You agree to indemnify SpeedGaze and its subsidiaries and related companies for all claims, damages, direct or indirect losses and causes of action (including attorneys’ fees, court costs and other reasonable expenses) arising out of or relating to your breach of contract and other illegal behavior, etc., in the process of using SpeedGaze products and services.

Data Retention Period

SpeedGaze only provides data rendering services and does not assume the obligation of long-term data storage. Customers should download and save data upon rendering completion as soon as possible. SpeedGaze will automatically delete customers’ file assets in 15 days upon rendering completion.

Disclaimer of Warranties

SpeedGaze makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the service or any content. SpeedGaze does not represent or warrant that:

  1. The use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data
  2. The service will meet your requirements or expectations
  3. The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations
  4. Errors or defects will be corrected
  5. The service or the servers that make the service available are free of viruses or other harmful components. 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 SpeedGaze.

Limitation of Liability

In no event shall SpeedGaze's aggregate liability exceed the amount actually paid by you immediately preceding the event giving rise to such claim. In no event shall SpeedGaze be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential or other damages of any type or kind (including loss of data, revenue, profits, use or other economic advantage) arising out of, or in any way connected with this service, including but not limited to your use or inability to use the service, or for any content obtained from or through the service, even if SpeedGaze has been previously advised of the possibility of such damages.

GUARANTEE

Except if OTHERWISE EXPRESSED, www.speedgaze.com EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Additional Rights

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

GENERAL

None of the provisions of this TOU shall be deemed to constitute a partnership or agency between You and Platform and You shall have no authority to bind Platform in any manner whatsoever nor shall Platform have any authority to bind you in any manner whatsoever. All the services provided by the Platform shall be as independent contractor and on principal to principal basis.

If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.

The TOU constitute the entire agreement between you and SpeedGaze and govern your use of the Services, superseding any prior agreements between you and SpeedGaze. Please note, however, that some Services may have additional or different terms related specifically to such Service only (“Service Terms”). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.

In Platform's sole discretion, Platform may transfer its rights and obligations under this Agreement, assign this Agreement or novate this Agreement without your prior express consent. However, Platform on reasonable efforts basis and if practicable may provide You with an advance intimation of any such acts.

GOVERNING LAW

This TOU and all the rules and policies contained herein and any of Your usage of Website and Your dealings with Platform shall be governed and construed in accordance with the laws of India. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts of Mumbai, Maharashtra, India. 

ARBITRATION

If any dispute arises between You and Platform during Your use of the Website or Your dealing with the Platform in relation to any activity on the Website, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by Platform. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai. Your obligations to pay the Service Charges shall not be suspended during the arbitration proceedings.

HEADINGS

The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.

Modification to Terms

SpeedGaze reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service and/or by sending you an email message. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

SpeedGaze Technologies Solutions Private Limited

Terms of Service