Terms of Service

Before using our service, carefully read through all of these terms of 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 “TOS”), 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" or “Platform” 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. If You are accessing the Service on behalf of Your employer, you represent and warrant that You have the authority to agree to these Terms of Service on its behalf.

Definition of Terms

SpeedGaze is referred to herein as “SpeedGaze," "we," "us," or "our."

You, as the user, are referred to herein as "you," "user," "subscriber," "client," or "customer."

The equipment and software owned, leased, rented, used by, or maintained for or by SpeedGaze are referred to herein as “system".

User files, directory, and file content are referred to herein as user files.

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 Internet based cloud computing and rendering services. Our aim is to give you the best access to online computing resources that are available over the Internet. Our business relies on it, and SpeedGaze is extremely driven to succeed at this. We wish for you to have the most positive possible experience while using our services.

Registration

To use our Service, you must be a user. You agree to: (1) provide the Service with current, complete, and accurate information about you as part of the registration process for the Service; and (2) maintain and update this information as necessary to keep it current, complete, and accurate. Registration data is the term for the information that was requested during initial signup ("Registration Data"). Your right to access and use the service may be terminated immediately upon notice if SpeedGaze learns that any of your Registration Data is inaccurate, out-of-date, or incomplete. In good faith, SpeedGaze will review your registration application; if it is accepted or rejected, it will promptly notify you in your account area, through email, chat or phone. If SpeedGaze considers, in its sole discretion, that a user is not a satisfactory subscriber or user of the Service, it may reject a user's registration application. Any user may be denied access to the Service at SpeedGaze's sole discretion.

Failed, Incomplete or Abandoned Signup

SpeedGaze may email you or contact you in an attempt to help you help complete this process if you start the sign-up process for its services but fail to finish it. Even if you choose not to use the SpeedGaze Services, you have consented to SpeedGaze contacting you.

License

SpeedGaze grants you a 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 only be accessed and used by authorized persons who are registered with SpeedGaze. You must register with SpeedGaze in order to open a user account. To do so, you or your business must submit the required information on the registration form, which must be current, complete, and accurate. By registering for the Service, you agree to provide accurate, current and complete information about yourself or your business and to update it promptly. If SpeedGaze discovers that such information is false, inaccurate, out of date or incomplete; SpeedGaze has the right to suspend or terminate your use of the Service. You choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one person.

Payment of Fees

You must pay SpeedGaze a service fee (the "Fees") by a valid credit card, debit card, or bank transfer before SpeedGaze will provide the cloud render Service as described on the SpeedGaze website. SpeedGaze reserves the right to use any payment gateway service providers. The payment methods offered by that payment gateway provider will be available to users. You can access the “Fees” that apply to the Service in your user account area. With thirty (30) calendar days' notice to you (via email or/and notify you in your account area), SpeedGaze reserves the right to modify the Fees or other applicable charges at any time. SpeedGaze must be contacted no later than seven (7) calendar days after the render task has been completed if you think you have been overcharged and want an adjustment or credit. Customer service team at SpeedGaze can be reached at service@speedgaze.com with any questions.

Credits, Trials and Special Offers

You must purchase credits for render; once your account runs out of money, render will be paused. If the render fails, the system will not bill you. At its discretion, SpeedGaze retains the right to revoke or alter coupons, credits, and other unique promotional offers.

Software Installation and Use

  • You can download software and their latest versions from our official website www.speedgaze.com
  • SpeedGaze does not endorse the use of any software or installation program bearing the same name as SpeedGaze's that has been made available by a third party without SpeedGaze's written consent. Any damage resulting from the use of such software and/or installation programs is not the responsibility of SpeedGaze.
  • Depending on the needs of its users, SpeedGaze may create various software versions; you should download and install the appropriate version based on your specific requirements.
  • Please follow the software's installation instructions exactly to ensure proper installation.
  • Please uninstall the software if you no longer need it.

Termination

SpeedGaze, in its sole discretion, may terminate your password, account or use of the Service if you fail to comply with this Agreement. SpeedGaze shall not have any liability to You arising from or related to the termination of this agreement in accordance with this section. 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 of this Agreement: (a) You will cease all use of the Software and, promptly and permanently delete all copies of the Software in Your possession or control; and (b) SpeedGaze shall also have the right to cease providing the Services to You. SpeedGaze may also temporarily suspend the Services, in whole or in part, where required by law, in the case of security violations or threats, for service maintenance or repair, or for any other reasons deemed necessary or desirable by SpeedGaze.

Upon termination at your direction, SpeedGaze will store your data on written request from you for a period not exceeding seven (7) calendar days from date of termination. SpeedGaze shall have no obligation to maintain any Data stored in your account post the said seven (7) day period. The download of data stored in your account in this case will be your responsibility solely. SpeedGaze shall not be liable to forward any Data to you or any third party within or post this period.

Proprietary Rights

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

  • Data uploaded by customers using SGCloud Application or the SpeedGaze portal.
  • 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). You are not to use SpeedGaze services for mining or cracking process, else the machines in question will be automatically shut down upon detection and you will be deemed to be in breach of this Agreement. No one may illegally obtain SpeedGaze data using software program. Otherwise, SpeedGaze reserves the right to pursue legal liability.

Indemnity

You agree to indemnify, defend and hold harmless SpeedGaze, its affiliates, officers, directors, employees, and consultants from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Service, Your use of Your Account, Your violation of these Terms of Service or the infringement or violation by You or any other User of Your Account, of any intellectual property relating to the Service (including without limitation Your User Content) or other rights of any person or entity.

Data Storage

SpeedGaze does not assume responsibility for long-term data archiving; it only offers data rendering services. As soon as rendering is finished, you should download and save the data. After fifteen (15) calendar days from the rendering completion date, SpeedGaze will automatically delete all customer file assets.

Extensions may be necessary; these discussions should be had project by project with customer support or the account manager. Extension confirmations are only valid if they come from our support team in writing from service@speedgaze.com .

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 further does not represent or warrant that:

  • The use of the service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data.
  • The service will meet your requirements or expectations.
  • The quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations.
  • Data / transmission errors or defects will be corrected.
  • 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

SpeedGaze's total liability will never go over what you actually paid for the service in the period just before the claim-causing event. In no event shall SpeedGaze, its directors, consultants, or employees be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential, or other damages of any kind (including loss of reputation, data, revenue, profits, use, or other economic advantage) arising out of, or in any way related to, this service, including but not limited to your use or inability to use the service, or for a loss of use, data, profit, or other economic advantage, , even if SpeedGaze has been previously advised of the possibility of such damages.

General Terms

None of the provisions of this TOS 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 TOS 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 TOS if no such modification is possible, and the other provisions of the TOS shall remain in full force and effect. The controlling language of the TOS is English. If you have received a translation into another language, it has been provided for your convenience only.

The TOS 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 TOS. If there is any conflict between the TOS and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOS 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 TOS and all the rules and policies contained herein and any of Your usage of SpeedGaze Website and Your dealings with SpeedGaze 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.

This TOS and all its terms shall be governed by and construed in accordance with the laws of India without giving effect to principles of conflict of laws thereof, regardless of the place of making or performance. All disputes arising will be subjected to the exclusive jurisdiction of the courts at Mumbai, India.

Arbitration

If any dispute arises between You and Platform during Your use of the SpeedGaze Website or Your dealing with the SpeedGaze 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 TOS's section headings are only used for convenience and have no bearing on how the TOS should be interpreted.

Updates and Modifications

This TOS was last updated on 03/01/2023. You also acknowledge that SpeedGaze may periodically change or update this TOS from time to time by posting a new TOS on this website. You should check this page to ensure that you are updated about any changes.