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Terms of service, privacy & cookies

GarageFarm.NET and Xesktop policies for service use, data handling, and cookies.

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GarageFarm.NET Terms of Service, Privacy Policy and Cookie Policy

TERMS OF SERVICE

Welcome to the GarageFarm.NET services, product offerings, websites, desktop applications or mobile applications (collectively, the “Service”). Your use of the Service is subject to these Terms of Service, Privacy Policy, and Cookie Policy (collectively, the “Terms of Service” or “Agreement”). These Terms of Service are a legal agreement between you (you or your Company collectively, “You”) and GarageFarm.NET Ltd. (“GarageFarm.NET” and “We”). “You” refers to any individual who creates an account on the Service, or, if the Service is being used on behalf of an entity by an individual authorized to agree to such terms on behalf of such entity, then “You” refers to such entity. 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. Before using our Service, you should read these Terms of Service. If you do not agree with the terms of this Agreement, do not use or discontinue using the Service. GarageFarm.NET reserves the right to update and change the Agreement from time to time without immediate notice or acceptance by you. The Agreement will also be applicable to the use of the Service on a trial basis. By using the Service, you signify your irrevocable acceptance of this Agreement. The website and any downloadable software associated with the Service are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.

1. DESCRIPTION OF SERVICE

The Service includes, and is limited to, a service, product websites (garagefarm.net, xesktop.com), chat, desktop applications or mobile applications that allow you access to and use of a single GarageFarm.NET Account. GarageFarm.NET Account allows you to use all products provided by and connected to the Service. Registration, access, and the use of multiple GarageFarm.NET Accounts by the same person or entity are prohibited. Companies and teams that require the use of multiple accounts may be exempted from this rule by prior permission granted by GarageFarm.NET. The Service may contain information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. Subject to these Terms of Service, GarageFarm.NET grants to you and each user of the Service a worldwide, non-exclusive, non-sublicensable and non-transferable license to use the content of the Service for purposes of using the Service. Use, reproduction, modification, distribution or storage of any content of the Service for other than purposes of using the Service is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any content of the Service for commercial use or in any way that violates any third party’s right. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Agreement. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such a connection to the World Wide Web, including a computer and modem or other access devices. The use of the Service for any activity not related to 3D Rendering, AI or machine learning (i.e. cryptocurrency mining or cracking passwords) is prohibited. Please contact support before attempting to use the Service, else the machines in question will be automatically shut down upon detection. Any use of peer-to-peer (P2P) software for computing or resource sharing is prohibited on the Service. Any use of third-party software in violation of their respective contracts, end-user license agreements (EULA), or any other legally binding documents is prohibited on the Service. Any third-party software obtained through means other than the official website, store, partners, or resellers is prohibited on the Service. If unsure of your software’s origin, license, and legal usage, you must carefully verify this information with the software developer before using it on the Service. GarageFarm.NET will provide the Service in accordance with this Agreement. GarageFarm.NET may, at its sole discretion, modify the Service’s features 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.

2. REGISTRATION

In order to use the Service, you must have a valid GarageFarm.NET Account (also referred to as “Account”). To acquire an Account for the Service, you must provide GarageFarm.NET with an electronic mail address (email) and other information (“Registration Data”). The email address must be real and valid. The use of any instant, temporary, or fake email address to create an account is prohibited. In consideration of the use of the Service, you agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Service’s registration form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. GarageFarm.NET assumes no duty to verify such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or GarageFarm.NET has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GarageFarm.NET has the right to suspend or terminate your Account and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for maintaining the confidentiality of the access data for your account and are fully responsible for all activities that occur under your account. You agree to: (a) immediately notify GarageFarm.NET of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. GarageFarm.NET cannot and will not be liable for any loss or damage arising from your failure to comply with this section. By registering an account and using the Service, You represent and warrant that you are at least 13 years of age. No one under the age of 13 may use the Service. GarageFarm.NET may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale or provision of the Service conflicts with any applicable law, rule or regulation.

3. COMMUNICATIONS

You understand and agree that the Service may include certain communications from GarageFarm.NET, such as service announcements, product updates, and administrative messages, and that these communications are considered part of the Service and you will not be able to opt out of receiving them. Other types of communications involving marketing or promotional emails are optional and you will be given a choice to unsubscribe.

4. NO WARRANTIES OR REPRESENTATIONS BY GARAGEFARM.NET

You understand and agree that the Service is provided “as is” and GarageFarm.NET and its affiliates expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on GarageFarm.NET’s servers. GarageFarm.NET and its affiliates make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user’s requirements. Use of the Service is at your sole risk. You will be solely responsible for any damage to you resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you. No oral or written information or advice given by GarageFarm.NET or its authorized representatives shall create a warranty or in any way increase the scope of GarageFarm.NET’s obligations.

5. INDEMNITY

You agree to indemnify, defend and hold harmless GarageFarm.NET, 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 or other rights of any person or entity.

6. MODIFICATIONS TO SERVICE

GarageFarm.NET reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice at any time. You agree that GarageFarm.NET shall not be liable to you or to any third party for any modification, suspension, termination or discontinuance of the Service.

7. SUSPENSION OF THE SERVICE

If you breach this Agreement, GarageFarm.NET may terminate this Agreement by providing you with a notice of termination. You will be deemed to be in breach of this Agreement and GarageFarm.NET will have the right to terminate this Agreement upon providing notice if any monthly or other fees associated with the Software or Services are not paid within thirty (30) days of their becoming due. In addition, GarageFarm.NET may terminate this Agreement and/or immediately cease to provide the Service without any liability whatsoever by providing you with notice of at least thirty (30) days. GarageFarm.NET shall not have any liability to you arising from or related to the termination of this Agreement in accordance with this Section. Upon termination of this Agreement: (a) You will cease all use of the Software and, if possible, permanently delete all copies of the Software in your possession or control; and (b) GarageFarm.NET shall also have the right to cease providing the Services to you. GarageFarm.NET 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 GarageFarm.NET.

8. INTELLECTUAL PROPERTY RIGHTS

You confirm that You own all the intellectual property rights (including but not limited to any copyrights) in any work you submit to us to enable us to lawfully provide the Service in relation to such work or use it as a case study on our website or social media platforms (with your prior consent). You also agree to procure the waiver in our favor of any moral rights in any such work to enable us to lawfully provide the Service in relation to such work or use it as a case study on our website or social media platforms (with your prior consent). You and GarageFarm.NET retain all rights, titles, and interests in and to respective trade secrets, inventions, copyrights, and other intellectual property. Except for the rights expressly granted herein, nothing in the Agreement shall convey, license, or otherwise transfer any right, title, or interest in any intellectual property or other proprietary rights held by GarageFarm.NET or its Third Party Licensors. GarageFarm.NET’s intellectual property and proprietary rights include any skills, know-how, modifications, or other enhancements developed or acquired in the course of providing or managing the Service. You agree that you will not, and will not attempt to, directly or indirectly, modify, alter, tamper with, reverse engineer, disassemble, decompile or apply any other process or procedure to derive the source code or create derivative works of any software, information, material, services, or technology of GarageFarm.NET or its Third Party Licensors.

9. LIMITATIONS OF LIABILITY

Neither party will be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to damages for lost data, lost profits, lost revenue or costs of procurement of substitute goods or services, however, caused and under any theory of liability, including but not limited to contract or tort (including products liability, strict liability and negligence), and whether or not such party was or should have been aware or advised of the possibility of such damage and notwithstanding the failure of essential purpose of any limited remedy stated herein. The total aggregate liability of either party arising from or related to this agreement shall be limited to the total net payments of the previous 30 days paid by you to GarageFarm.NET for the affected service which gives rise to such liability in the three (3) month period immediately preceding the date in which the claim arises.

10. RETURN POLICY

GarageFarm.NET provides the Service as it is. You can test the Service using trial credits. You can use trial credits to familiarize yourself with our software and get a cost and time estimation before committing. We provide relevant documentation that is easily accessible. It covers all necessary aspects of the software to aid you in becoming a competent user of the Service. Our tech support monitors the Service and its usage to the best of its ability. Whenever we suspect any mistakes or errors, we will communicate with you. We also provide you access to Web Manager (web dashboard) with features allowing you to monitor and manage all necessary processes on the Service. If you are not completely happy with the quality and results you obtained through the Service, you can contact our support and request an explanation within 14 days after completing usage. We will investigate your case and present our position no later than 14 days after receiving the request. In case of a mistake or a technical issue on our side, we will offer you a full or partial refund or some other form of compensation. Depending on the payment provider, the money may take up to 5 business days to return to your bank after issuing a refund. In the case of render credit refunds, the amount will be reflected on your Account balance almost immediately after it has been issued. If the cost you have been charged is the underlying reason for the requested refund, we will consider the case only if the test on the job in question was performed. We cannot guarantee refunds for acts of negligence or misuse of our software and the Service. Unused credits remaining on an account are non-refundable, except where an account and its balance have never been used. Bonus credits received as part of our discount system are non-refundable. Example: $2,000 payment grants $2,320 render credits, the $320 is the bonus credit that can not be refunded. Any additional credits received as part of the troubleshooting process, compensation, or sponsorship are non-refundable.

11. PAYMENTS AND CREDITS

GarageFarm.NET accepts online payments, wire transfers, and in exceptional cases, Western Union transfers and cheques upon agreement. Settlement of transactions by credit card and e-transfer is carried out through PayPal and Dotpay.pl. As a new user of the Service, you are eligible to receive a one-time trial credit that enables you to test the service. The trial credit does not expire, is non-transferable, and is non-refundable. After depleting the received trial credit, you must purchase credits if you wish to continue using the Service. Credits must be purchased through the dedicated payment system available in the application. To receive all benefits of the Service and all standard account features, you must purchase credits on a prepaid basis. This means you must have available credits on your account to use the Service. Credits purchased in any way other than the standard payment plan available through the service, as described on the GarageFarm.NET website and available in the application, will be deemed non-standard and, as a result, will come with limitations. Such limitations may include but are not limited to waived access to volume discounts, offered promotions, and certain account features. Account overdraft Render jobs are not stopped immediately when their cost exceeds the credits available on the account. After each completed render task, the system calculates the cost and deducts credits from the balance. As soon as the system detects a negative balance, it won’t start any new tasks (frames), but it will finish rendering all current tasks (frames); in other words, it will pause the job. The account will be overdrawn, resulting in a negative balance unless the user stops the job before it generates excessive cost. When a user stops a job (issues a kill command), all the running tasks will stop immediately and lose any unsaved progress. The system will charge the account for the time render nodes were used based on the node rate and selected priority. GarageFarm.NET reserves the right to intervene and stop any jobs it deems excessive to improve the farm’s overall performance and prevent service misuse. The account’s negative balance is the user’s responsibility and must be paid to enable full system functionality. We recommend running test jobs before rendering full range/resolution to avoid overdrafts.

PRIVACY POLICY

12. PRIVACY

We collect the personal information you provide when opening an Account on the Service. We also store chat and email communication records between you and our support team under your Account. We use the information collected from our service (Your Account and communications data) to provide support and maintain Your Account. We also use this information to offer you content – i.e. announcing software updates, releasing new software, and notifying you regarding changes in your Account. We store your project files and render output on our internal servers that are secure from any outside access. We will always ask for your permission in case we want to use your project files to provide better customer support and better user experience, or to use your work for marketing purposes. We will never share your files with anyone outside of GarageFarm.NET without your written consent. We do not share personal information with companies, organizations and individuals outside of GarageFarm.NET. We work hard to protect you from unauthorized access to or unauthorized alteration, disclosure or destruction of information we hold by encrypting our services using SSL and a mandatory verification upon Account registration.

13. FILES STORAGE

GarageFarm.NET We allow our users (You) to store project data (project files and any files saved in Your Account) on our servers for a total of 28 days after a completed render job or project unless otherwise agreed. We guarantee to safely store your project data as they are and unchanged within the initial 7 days. After that, we will relocate your data to archive storage for the remaining period. The archive storage isn’t guaranteed against data loss. We will completely and securely delete the project files stored in Your Account 28 days after the last completed render job in the given project. The standard data storage available per user account is 500GB. Extensions are possible and should be discussed with customer support or the account manager on a project-by-project basis unless an official agreement stating custom storage terms has been established. Xesktop Each system image comes with a dedicated system drive (C:) with 200GB of available space. This drive should be used for installing and launching applications. The Account comes with an attached storage drive (U:) that is shared across all system images on the Service. The standard data storage available per user account is 500GB. Extensions are possible and should be discussed with customer support or the account manager on a project-by-project basis unless an official agreement stating custom storage terms has been established. The Account storage (U: drive) is time-limited. We allow users to store project data (project files, assets, renders, etc.) for a total of 28 days since the last activity on the Account. We guarantee to safely store the data as they are and unchanged within the initial 7 days. After that, we will relocate the data to archive storage for the remaining period. The archive storage isn’t guaranteed against data loss. We will completely and securely delete the files stored in Your Account 28 days after the last activity. System images, including all applications installed and files saved on the C: drive, are automatically deleted after six months of inactivity.

14. CONFIDENTIALITY

You shall not use or disclose the Confidential Information of GarageFarm.NET or its Third Party Licensors during the Term of this Agreement and following the expiration or termination hereof without prior written consent. You agree to take all reasonable precautions to protect the Confidential Information of GarageFarm.NET or its Third Party Licensors, using at least the same standard of care as you use to maintain the confidentiality of your own Confidential Information. “Confidential Information” means non-public information of GarageFarm.NET or its Third Party Licensors relating to their business activities, financial affairs, technology, software, services, material, pricing, marketing or sales plans that may be provided to or accessible by you in connection with this Agreement. GarageFarm.NET will take the same standard of care to maintain your confidentiality.