Terms of Service
Introduction
Welcome to RenderDay! These Terms of Service ("Terms") govern your access to and use of RenderDay, a cloud rendering service for Blender files. RenderDay is operated by Sascha Schwabbauer, a sole proprietorship registered at Oskar-Hoffmann-Str. 127, 44789 Bochum, Germany (referred to as "RenderDay", "we", "us", or "our"). By accessing or using the RenderDay website or services, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must not use the service. You also agree to comply with our Privacy Policy (available separately), which you must accept when using the service. These Terms constitute a legally binding agreement between you and RenderDay.
Eligibility and Account Requirements
You must be at least 18 years old (or the age of legal majority in your jurisdiction) to use RenderDay's paid services. By using RenderDay, you represent and warrant that you are 18 or older and legally capable of entering into binding contracts. If you are under 18 and your local law deems you a minor for contract purposes, you must not use RenderDay's paid services without a parent or legal guardian's consent. We reserve the right to ask for proof of age or consent at any time.
You also agree to provide a valid email address and complete the email verification process. Account Verification: In order to submit a rendering job, you will need to verify your email address via a confirmation message we send. You are responsible for ensuring that your email and any other information you provide is accurate and up-to-date. All communications and notices regarding your orders will be sent to the email you provide.
Description of the Service
RenderDay provides an online platform for rendering Blender project files in the cloud. How the service works:
- File Upload: You can upload your Blender project file(s) (
.blend
and related assets) through our website interface. The upload must complete successfully for the service to begin processing. - Preprocessing: Once uploaded, RenderDay will automatically preprocess the file. This involves analyzing the content to extract metadata such as the number of render samples, available camera views, scene settings, and other relevant information. This step helps us prepare for rendering and estimate the workload.
- Choose Settings & Verify Email: After preprocessing, you will be prompted to select your desired rendering options (for example, which camera to use if multiple are available, resolution, sample count, frame range, output format, etc.). You will also be asked to provide your email address for notifications (if you haven't already) and to accept these Terms of Service and our Privacy Policy. You must confirm your email address through a verification link or code we send before proceeding.
- Estimation and Quote: Once settings are chosen and email verified, RenderDay will conduct an automatic test render (a short preview render or analysis) of your project. This test allows our system to estimate the total rendering time and resource usage for the full job. Based on this analysis, we will calculate a price quote for completing the render. The quote (in EUR, unless otherwise specified) will be displayed to you along with an estimated time for completion. Note: The quote is an offer valid at the time it is given; if you take too long to accept, the quote may expire or need to be refreshed.
- Payment via Stripe: If you agree to the quoted price and wish to proceed, you must submit payment. Payment processing is handled by Stripe, a third-party payment processor. You will be redirected to enter your payment details securely through Stripe. By paying, you authorize us (through Stripe) to charge the quoted amount to your chosen payment method. Payment must be successfully completed before rendering begins. Once we receive confirmation of payment, a binding contract for that rendering job is formed and we will initiate the render.
- Rendering and Download: After payment, RenderDay will begin the full rendering of your project using our cloud render servers. The rendering process may take some time depending on the complexity of your Blender file and chosen settings. Upon completion of the rendering job, we will notify you (via email) that your rendered output is ready. The results (rendered frames or images, and any associated output files) will be made available for you to download through the RenderDay website. You may download the rendered frames at your convenience. RenderDay will retain your uploaded files and the resulting rendered outputs on our servers for 30 days after the render is complete (see Data Retention below). After 30 days, the files may be deleted from our servers.
This process is provided to give you an overview of how RenderDay works. Please note that technical details or steps may evolve as we improve our service, but the core process of upload → estimate → pay → render → download will remain as described. We will communicate any significant changes to how the service operates via updates to these Terms or on our website.
User Obligations and Acceptable Use
When using RenderDay, you agree to abide by the following obligations and acceptable use policies. These are important requirements to protect both you and us:
- Ownership of Content: You represent and warrant that you own or have all necessary rights and permissions to upload each file or content piece you submit to RenderDay. This means you either created the Blender project yourself or have obtained all appropriate licenses or consents from any third parties who own content included in your project (such as 3D models, textures, images, audio, etc.). You are responsible for any content you upload. If your project includes copyrighted material, trademarks, or other intellectual property not owned by you, you must have legally sufficient permission to use and render that material.
- No Infringement: You agree not to upload or use any content that infringes or violates any copyright, trademark, patent, trade secret, or other intellectual property rights of any person or entity. RenderDay is not responsible for vetting the contents of your file, so we rely on your promise that your content is lawful and used with permission. If you breach this obligation and a third party brings a claim against RenderDay due to your content, you agree to indemnify and hold RenderDay harmless (see Indemnification below). We reserve the right to terminate or cancel any rendering jobs that appear to involve infringing or illegal content, and to delete such content from our servers, without any refund, if you violate this clause.
- Appropriate Use of Service: You will use RenderDay only for lawful purposes and in compliance with all applicable laws and regulations. Prohibited uses include (but are not limited to):
- Uploading content that is illegal, harmful, threatening, defamatory, obscene, abusive, invasive of another's privacy, or otherwise objectionable (e.g. hate speech, child sexual abuse material, extremist propaganda).
- Using the service to engage in any activity that would violate any law or rights of others, including creating or distributing unlawful material.
- Attempting to upload files that contain viruses, malware, malicious scripts, or any code intended to disrupt or compromise the RenderDay service or other systems. (Note: Blender files that contain embedded scripts or addons should be used responsibly; any attempt to abuse our system via such means is strictly forbidden.)
- Interfering with or disrupting the service, servers, or networks connected to RenderDay, or attempting to bypass any security or usage limits of the service.
- Using automated tools or bots to access or use the service in a manner that sends more requests to the servers than a human can reasonably produce, or otherwise unduly burdens our infrastructure.
- Accurate Information: You must provide truthful and accurate information when using RenderDay. This includes your identity, contact information (email), and payment information. You shall not impersonate any person or misrepresent your affiliation.
- No Resale or Misuse: RenderDay is provided for your personal or professional use to render your own projects. You agree not to reproduce, duplicate, copy, sell, trade, or resell the service or any portion of it for any purpose, without our written permission. You also agree not to misuse the service in a way that could harm our business or other users (for example, attempting to reverse-engineer our rendering setup or using our service for benchmarking in a manner that competes unfairly with us).
- Compliance with RenderDay Instructions: You agree to follow any guidelines or instructions provided by RenderDay regarding how to prepare and submit your Blender files (for example, instructions to pack external assets, use certain file formats, or other technical requirements). These instructions are provided to ensure successful rendering. If you do not follow provided guidelines, the rendering may fail or produce suboptimal results, and RenderDay may not be responsible in such cases (see Refund Policy regarding failures due to user errors).
By adhering to these obligations, you help ensure a smooth experience for both yourself and RenderDay. If you violate any of the above rules, RenderDay may, at its sole discretion, terminate or suspend your access to the service, cancel current rendering jobs, delete your files, and/or take legal action if necessary. We also reserve the right to report any content that appears to involve child exploitation or other illegal activity to the appropriate authorities.
User Content Rights and License
Your Content: RenderDay does not claim ownership of the Blender project files or any intellectual property contained in the files you upload. You retain all copyright and other proprietary rights that you hold in your content. The rendered output (images/frames) produced by the service from your content is considered a derivative of your original content; as such, those results are also your property (assuming you owned the original content). RenderDay will not use or disclose your uploaded content or rendered outputs to other users or the public, except as needed to provide the service to you or as required by law.
License to RenderDay: In order to operate the service (i.e., to render your project), you hereby grant RenderDay a limited, non-exclusive, worldwide, royalty-free license to use, reproduce, transmit, and temporarily store your uploaded files and associated materials solely for the purpose of rendering your project and providing the results to you. This license also allows us to make backup copies of the files, run test renders, and otherwise handle your content as necessary to perform the service. We do not use your content for any purpose other than delivering the rendering service you have requested. This license will continue for the duration needed to complete your rendering job and the subsequent 30-day retention period. After that, unless you instruct us otherwise, your license grant to us ends (except for minimal copies kept for legal compliance or archival backup as noted in our Privacy Policy, if applicable).
If you delete your content from RenderDay or after the retention period expires, we will cease use of the content for any purpose, subject to any legal obligations to retain information. Please note that while we strive to remove all copies, residual copies (e.g. in backups) might persist for a short period, but these will also be deleted periodically.
Fees and Payment
Using RenderDay to render a project is a paid service. You agree to the following terms regarding fees and payments:
- Price Quotes: Before a rendering job is started, RenderDay will provide you with a price quote as described in the Service Description section. The quote is based on our analysis of the expected computation time and resources required for your specific job. Quotes are typically given in Euros (EUR) and include any applicable taxes (such as German VAT) unless stated otherwise. We strive to make quotes accurate; however, it is an estimate. If you significantly change the rendering settings or upload a new file, the quote may change. You are responsible for reviewing the quote carefully. By proceeding to payment, you accept the quote and agree to pay the quoted amount.
- Payment Process (Stripe): All payments for RenderDay services are processed by Stripe, our third-party payment processor. When you are ready to pay, you will be directed to a secure Stripe checkout or payment form. You may need to provide typical payment details such as a credit card number or other accepted payment method. RenderDay does not collect or store your sensitive payment card information; that information is transmitted directly to Stripe over encrypted connections. Stripe's services are governed by their own terms of service and privacy policy, which you may be required to acknowledge during payment. By paying, you authorize Stripe to charge your provided payment method for the total amount of the quote.
- Payment Completion: Your payment must be successfully completed and received by RenderDay before we begin the full rendering job. If the payment is declined, fails, or is reversed for any reason, the rendering will not proceed (or will be halted if already begun), and we may not deliver any output. It is your responsibility to ensure sufficient funds or credit for the transaction. Once payment is confirmed, we will notify you (typically via the website and email) that the rendering is in progress. We will also provide a receipt or confirmation of payment. If you require an invoice stating our business details for tax or record-keeping purposes, you may request one.
- No Ongoing Subscription: Each rendering job and payment is treated as a one-time transaction. RenderDay does not automatically charge you on a recurring basis (unless explicitly stated for a subscription plan, which is not the default service described here). You will need to go through the quote and payment process for each new project you wish to render.
- Currency and Exchange: All charges will be in EUR (€) unless we explicitly support other currencies. If you are paying with a non-EUR currency, your bank or card issuer may charge currency conversion fees or use a conversion rate at the time of transaction. RenderDay is not responsible for any additional fees your bank or payment provider may levy.
- Taxes: If any sales, use, value-added, or other taxes apply to your purchase, we will collect those as required by law. The quote will either state that taxes are included or list them separately. You are responsible for any taxes or duties associated with the purchase, except for taxes based on RenderDay's income.
- Failed Payments: If your payment cannot be processed or is later subject to a chargeback or dispute, RenderDay reserves the right to cancel the corresponding rendering job (if not already completed) and/or charge you for any costs incurred (such as bank fees or the cost of work already performed). We may also refuse future service until any outstanding amounts are resolved.
- Stripe Fees: RenderDay covers any transaction fees charged by Stripe for processing your payment (aside from the quoted price). You should not have to pay any separate fee to Stripe. However, you are responsible for any fees charged by your own bank or card (for example, foreign transaction fees).
- Secure Transactions: We take your payment security seriously. All Stripe transactions are encrypted and secure. If you have any issues or suspect unauthorized charges, please contact us and/or Stripe immediately.
By providing a payment method and accepting the charge, you agree to pay the quoted amount and you acknowledge that once the rendering service is fully delivered (completed), the sale is final subject to the Refund Policy below.
Refund Policy
RenderDay is committed to delivering high-quality rendering services. We understand that issues can occur, so we have established a clear refund policy:
- Full Refunds for Service Failures: If RenderDay fails to complete your rendering or the service experiences an error that causes the rendering not to finish, you are entitled to a full refund of the amount you paid for that job. A service failure could include situations like server crashes during rendering that cannot be recovered, or technical errors on our side that prevent completion. We will proactively notify you in the rare event of such a failure and process the refund as soon as possible.
- Quality Issues Due to RenderDay Errors: If the rendering completes but the output is severely deficient in quality due to an error on RenderDay's side, we will also provide a full refund. "Errors on RenderDay's side" means issues like: the rendered images are corrupted, blank, or obviously not reflective of the actual scene due to a malfunction in our rendering system; or our system applied incorrect settings that you did not request (for example, using the wrong camera or resolution despite your choices, assuming those were correctly set and within normal capabilities). If you receive results that are clearly wrong or unusable due to our fault, please contact us immediately at the contact information provided, explain the issue, and we will investigate. If we determine that RenderDay's system or staff caused the error, we will refund your payment in full. In some cases, we may offer to re-render the project correctly at no additional charge as an alternative to a refund, but that choice will be offered to you (you can choose a refund instead).
- User-Related Issues: Not every undesired outcome will qualify as a RenderDay error. If the rendering output is not to your taste or expectation because of issues in the content or settings provided by you (for example, you set too low a sample count resulting in a noisy image, or your scene's lighting was poor, or you forgot to include a texture so an object appears untextured), this is not a RenderDay fault and will not be grounds for a refund. RenderDay cannot guarantee artistic or design outcomes; we only guarantee technical execution of the render. We encourage you to carefully check your Blender file and the test render/preview (if provided) before payment. Once the render is done as per your instructions, the payment is generally non-refundable except for the service failures or quality issues due to our errors as stated above.
- Refund Process: To request a refund under this policy, you should contact RenderDay support (see Contact Information below) within a reasonable time after the rendering completes (we recommend within 7 days of completion, or as soon as you notice a problem). Provide your job details (job ID, project name, etc.), the issue encountered, and any evidence (like screenshots of problematic output). We will review the case and get back to you. If a refund is approved, it will be issued via Stripe back to the original payment method whenever possible. Please note that it may take several business days for the refunded amount to appear in your account, depending on your bank or card issuer.
- Chargebacks: If you initiate a chargeback or payment dispute with your bank without first attempting to resolve the issue with us, RenderDay reserves the right to contest the chargeback and provide this refund policy and your acceptance of these Terms as evidence. We strive to be fair and ask that you do the same by giving us a chance to address any problems.
- Additional Refund Scenarios: In addition to the above, if for any reason RenderDay determines at its sole discretion that it cannot complete your render as promised (for instance, if we discover after payment that the project requires software or plugins we cannot support), we will cancel the job and issue a full refund, while informing you of the cancellation and reason. We will not charge you for services we ultimately cannot deliver.
Beyond the circumstances stated above, all sales are final. Partial refunds or pro-rated refunds are generally not offered (for example, if a render is completed successfully and as expected, we do not offer refunds just because you no longer need the output or found an alternative). Our liability for any issues is capped by this refund policy and the limitations stated in these Terms. This refund policy does not affect any statutory rights you may have under law (for example, rights under consumer protection or warranty laws), which are in addition to the rights set out here.
Data Retention and Privacy
Your privacy and data security are important to us. RenderDay will handle your uploaded files and personal data in accordance with our Privacy Policy. Below are the terms related to data retention and management of your files:
- Retention of Files and Results (30 Days): RenderDay will retain the files you upload, as well as the resulting rendered outputs, on our servers for a period of 30 days from the completion of your rendering job. During this 30-day window, you can download your results at any time by accessing your job through our website interface (using your verified email to retrieve the job if necessary). We keep the files for this period to give you flexibility in case you need to re-download results or address any issues. After 30 days, we reserve the right to permanently delete the uploaded files and rendered outputs from our servers. We may or may not retain backup copies beyond this period, so please assume that after 30 days, your data will no longer be recoverable on RenderDay. It is your responsibility to ensure that you have downloaded and safely stored your rendered results within this timeframe. We are not liable for any loss of data or inability to access results after the retention period has lapsed.
- Early Deletion Option: If you wish to have your files or results deleted before the 30-day retention period is over (for example, if your project is sensitive and you want it removed as soon as you've downloaded the output), you may contact us with a request for early deletion. We will endeavor to honor such requests promptly. Keep in mind that once deleted, we cannot restore the data, and you will no longer be able to download the results from our site.
- Privacy of Content: RenderDay will treat your uploaded content and rendered outputs as private and confidential to you. We do not share your files or results with other users or any third parties except as needed to provide the service (for instance, transmitting data between our own servers) or as required by law. Our staff or systems will access your files only for the purposes of maintaining and executing the service (e.g., to set up the render, troubleshoot issues, or verify quality if needed). We will not use your content for marketing or promotional purposes without your explicit consent.
- Personal Data: In providing the service, RenderDay will collect certain personal data from you, primarily your email address and any information needed for payment (which is handled by Stripe). We handle personal data in accordance with EU General Data Protection Regulation (GDPR) and other applicable privacy laws. Your email may be used to send service updates, notifications about your render jobs, invoices/receipts, and (if you separately opt-in) occasional news or promotions about RenderDay. We will not spam you, and you can opt out of non-essential communications. Please refer to our Privacy Policy for full details on how we collect, use, and protect your personal data, as well as your rights (such as the right to access or delete your data).
- Data Security: We implement reasonable technical and organizational measures to secure your uploaded files and personal data. This includes access controls, encryption in transit (HTTPS) for file uploads and downloads, and secure storage. However, no system is 100% secure. By using the service, you understand that there is some inherent risk in transmitting and storing data electronically, and we cannot guarantee absolute security. You accept that risk and agree that RenderDay is not liable for unauthorized access or breaches that occur despite our safeguards, except in cases of negligence or willful misconduct on our part.
- Data Processing and Third Parties: To provide our service, we rely on certain third-party providers (for example, web hosting services or cloud infrastructure providers, and the payment processor Stripe). These third parties may process stored data as part of their services to us. We ensure that any third-party we use is reputable and has appropriate data protection measures in place. By using RenderDay, you agree that we can utilize such third-party services to handle your data in the normal course of business. Again, see our Privacy Policy for more specifics.
- Legal Compliance: RenderDay may retain or disclose your data (including files, results, and personal information) beyond the normal retention period if required by law or valid legal process. For instance, if we receive a court order or subpoena, or if retention is mandated for a legal dispute, we will comply as required. We will notify you (if legally permitted) in such events. This exception to deletion is to ensure we abide by legal obligations.
By using RenderDay, you acknowledge that you have read and understood our data retention policy. You also agree to our Privacy Policy which provides more details on data handling. We strongly advise you to download your completed renders promptly and keep your own backups of both your original files and the outputs, as RenderDay is not intended to be a permanent storage solution.
Modifications to the Service and Terms
- Changes to Service: RenderDay is constantly evolving. We reserve the right to modify or discontinue (temporarily or permanently) the service or any features or functionality thereof at any time. For example, we may change the hardware or software used for rendering, adjust the pricing model, or add/remove features. If a change affects pending jobs or paid services, we will endeavor to minimize disruption or provide equivalent service. You acknowledge that minor changes or interruptions may occur as part of updates or maintenance. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the service, provided that if we discontinue the service entirely while you have an ongoing paid job, we will either complete the job or issue you a refund.
- Changes to Terms: We may update or revise these Terms of Service at any time. If we make a significant change, we will provide notice to users. Notice may include posting the updated Terms on our website with a new "Last Updated" date, and/or sending an email notification to the address associated with your account (if you have a recent active job or have opted into updates). It is your responsibility to review the Terms periodically for changes. Updated Terms will generally take effect immediately upon posting or as otherwise indicated at the time of update. However, changes that affect existing obligations (such as pricing or refund policy changes) will not apply retroactively to services already paid for; they will apply to any new transactions or uses after the effective date of the update.
- Acceptance of Changes: By continuing to use RenderDay after updated Terms are posted and notified, you agree to be bound by the revised Terms. If you do not agree with any update, you should stop using the service. For a material change that requires your explicit acceptance (for example, if required by law), we may prompt you to agree to the new Terms before you can continue using the service.
- Emergency Changes: In rare cases, such as changes needed to comply with new laws or regulations, or to address urgent security issues, we may not be able to provide advance notice. In such cases, the changes will be effective immediately to ensure compliance or security, and we will notify users as soon as practicable.
- Historical Versions: Upon request, we can provide you with a prior version of the Terms if you need to review the terms that were in effect at a specific date (for example, at the time you paid for a service). We maintain an archive of changes for legal purposes.
Your continued use of RenderDay constitutes acceptance of any changes to the service or Terms. We value our users and will do our best to communicate changes clearly. If you have questions or concerns about any update, please contact us for clarification.
Suspension and Termination
We hope to serve you for a long time, but we reserve certain rights to suspend or terminate your access if necessary:
- By RenderDay (Termination or Suspension): RenderDay may suspend or terminate your access to the service, or cancel specific rendering jobs, at our discretion, if we believe that: (a) you have violated these Terms (e.g., uploaded illegal or infringing content, attempted to abuse the system, etc.); (b) your use of the service poses a security risk or could adversely impact RenderDay or others; (c) required by law enforcement or other authorities; or (d) for any other reason in which continuing to provide service is no longer commercially or technically feasible for us. We will generally provide notice (via email) of any such termination or suspension, stating the reason, unless legal reasons prevent us from doing so or if we decide to terminate service entirely for all users. In cases of termination due to your breach of these Terms, no refund will be provided for any payments made (except as required by law), and you may be liable for any damages suffered by RenderDay due to your breach.
- By User (Termination): You are free to stop using RenderDay at any time. If you have no ongoing paid jobs, you may simply discontinue use. Because RenderDay does not require a long-term subscription, terminating your use generally means not uploading new projects or paying for new services. If you do have an ongoing rendering job that you wish to cancel, please contact us immediately. We will attempt to stop the job; however, if the rendering has already been completed or is nearly complete, we may not be able to offer a full refund (unless it qualifies under the Refund Policy). We will work with you in good faith to resolve any early termination request.
- Effect of Termination: Upon termination of your access (by either party), any active render jobs will be handled as described above. We will disable your ability to upload new files or access the service going forward. Data Post-Termination: If your access is terminated, we will retain your previously uploaded files and results for the remainder of the 30-day period (unless those were deleted earlier due to a breach of Terms or illegal content). You will still be able to request your data or a download link via contacting us during that period, unless your access was terminated for serious violations (in which case we reserve the right to deny access and may immediately delete the content, especially if illegal). After 30 days from termination (or sooner, at our discretion in cases of breach), we will delete your files and rendered results. We may retain your personal information (such as email and transaction records) as necessary for legal, auditing, or business record purposes, but such information will be handled per our Privacy Policy.
- Survival: Any provisions of these Terms which by their nature should survive termination (such as ownership of content, disclaimers of warranties, limitation of liability, indemnification, governing law, and dispute resolution) will survive termination and remain in effect.
- No Liability for Termination: Except for refund obligations described, RenderDay shall not be liable to you or any third-party for termination of your access or cancellation of your job in accordance with these Terms. The right to terminate is in addition to any other legal or equitable remedies available to RenderDay.
If you believe your access was suspended or terminated in error, or if you resolve an issue that led to suspension, please contact us. We may, in our discretion, restore access if the situation is corrected and it is fair to do so, but we are under no obligation to reinstate accounts or jobs terminated for violations.
Disclaimer of Warranties
RenderDay endeavors to provide a high-quality, reliable service, but we provide the service on an "as is" and "as available" basis, without any warranties of any kind, except as explicitly stated in these Terms or required by law. By using the service, you understand and agree that:
- No Guarantee of Perfection: RenderDay does not guarantee that the service will meet all of your requirements, or that results will be exactly as you envision, beyond our promise to render according to the data provided. We do not guarantee that the output of the rendering will be free of errors if those errors were present in the content you provided (for example, if your Blender file has missing assets or setup issues, that's outside our control). We make no guarantee that the visual or artistic quality of the render will meet your expectations, since much of that depends on your input.
- Service Availability: We do not warrant that the RenderDay service will be uninterrupted, timely, secure, or error-free. While we aim for high uptime and fast rendering, various factors (internet issues, hardware failures, unexpected demand, etc.) can affect service availability. Any estimated rendering times are estimates and not guaranteed deadlines. We are not responsible for delays, but we will communicate and work to resolve any significant delays or outages.
- Results and Accuracy: We make no warranty that any results obtained from the service will be accurate or reliable in terms of technical output. (For instance, if there is a known bug in Blender software that affects rendering output, that might reflect in results - such issues are beyond RenderDay's warranty.) However, if results are wrong due to our own system error, our obligation is as stated in the Refund Policy rather than a specific warranty of output quality.
- No Implied Warranties: To the fullest extent permitted by applicable law, we disclaim all implied warranties or conditions, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also do not warrant that the service will be compatible with every possible system configuration or that we will support every Blender feature or third-party plugin. (We support standard Blender features, but if your project relies on something unusual, it's your responsibility to check compatibility or ask us in advance.)
- External Services: We make no warranties regarding services or products provided by any third parties in connection with RenderDay. This includes Stripe (for payments) or any cloud infrastructure providers. While we choose reliable partners, we are not responsible for their performance. Any issues with third-party services are disclaimed and are subject to those third parties' own warranties (if any).
- Beta Services: If any part of RenderDay is identified as "beta" or experimental, that portion is provided as-is with no warranties whatsoever and may be changed or discontinued at any time. Such features are use-at-your-own-risk.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not fully apply to you. In such cases, the disclaimers will apply to the greatest extent permitted by law. If you are a consumer in the EU, you may have certain statutory guarantees (e.g., that digital services will conform to the contract). These Terms are not intended to limit your statutory rights; instead, we clarify what is promised and what is not. The refund and remedies outlined herein are, to the extent permitted by law, the complete and only remedies you have for any failure by RenderDay to meet its obligations.
Limitation of Liability
RenderDay's liability to you is limited. To the maximum extent permitted under applicable law, you acknowledge and agree to the following limitations on our liability:
- Indirect Damages: RenderDay will not be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, or for any loss of profits, loss of data, loss of business opportunity, loss of revenue, business interruption, or emotional distress arising out of or in connection with your use of (or inability to use) the service. This exclusion applies even if RenderDay has been advised of the possibility of such damages, and regardless of the legal theory (contract, tort, or otherwise) upon which any claim is based. In plain terms, if something goes wrong, we are not responsible for harms that were not a direct result of our breach or that are broader in scope (like lost income because a render was delayed, or the cost of recreating data).
- Direct Damages Cap: RenderDay's total aggregate liability for any and all claims arising from or relating to the service or these Terms will not exceed the amount you paid to RenderDay for the specific rendering project or service in question. For example, if you paid €100 for a render that gives rise to a claim, our liability to you for that claim (and any related claims) is capped at €100. If you have used RenderDay multiple times, each project's issues will be capped by the fee paid for that project, not a higher combined amount. This cap on liability applies whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory. You acknowledge that this limitation is a reasonable allocation of risk and forms a basis of the pricing of our services.
- RenderDay's Fault Requirement: We will only be liable for damages to the extent caused by our own breach of these Terms or our negligence/willful misconduct. RenderDay is not liable for problems that were caused by your actions, your content, or by any third-party issues. For instance, we are not liable if a download fails because of your internet connection, or if a render result is unsatisfactory because your original file had errors. Similarly, we are not liable for any issues arising from third-party platforms or services, such as Stripe's processing of your payment or any external libraries in Blender that have bugs.
- Exceptions: Nothing in these Terms excludes or limits RenderDay's liability for losses which may not be lawfully excluded or limited under applicable law. This means we do not exclude liability for: (a) death or personal injury caused by our negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; (c) gross negligence or intentional misconduct; or (d) any other liability that cannot be limited or excluded by law (for example, certain liabilities under German law, such as under the Product Liability Act, or statutory liability for certain guarantees). Additionally, if you are a consumer, nothing in these Terms shall exclude any non-waivable consumer rights or remedies you are entitled to under law.
- Specific to German Law: If German law applies to a claim and you are not a consumer (e.g., you're using RenderDay for business purposes), our liability for slight negligence is limited to breaches of essential contractual obligations (Kardinalpflichten). In such cases, our liability is limited to typical and foreseeable damages at the time of contract. (Essential contractual obligations are those duties which must be fulfilled to enable proper execution of the contract and on which you may rely.) This clarification is provided to align with German legal standards for liability.
- Release: To the extent permitted by law, you release RenderDay and its owner (Sascha Schwabbauer) from any and all liability, claims, or demands arising from or related to disputes between users of the service (for example, if two users have a dispute outside of RenderDay's scope) or between you and any third party in connection with the service. Since RenderDay is not a social or collaborative platform, this is rarely applicable, but it means if any third party takes action related to your content or use of the service, you will not hold us responsible for that.
- No Liability for Timing: RenderDay is not liable for any failure to meet any expected timeline. Any estimated render time or delivery date is an estimate, not a guarantee. We are not responsible for any consequences of a delay, such as missing a project deadline or losing a client. We will do our best to meet estimates, but you should always allow some buffer for unforeseen delays when planning your needs.
By using the service, you understand and agree that the limitations of liability and waivers outlined above are a fundamental part of the agreement between you and RenderDay. RenderDay would not be able to offer the service on an economically feasible basis without such limitations. If you do not agree to these limitations, you must not use the service.
Indemnification
You agree to indemnify, defend, and hold harmless RenderDay, its owner (Sascha Schwabbauer), and any employees or agents (if any) from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees and costs) that arise out of or are related to: (a) your content (the Blender files or materials you upload), including any actual or alleged infringement of any third-party intellectual property or privacy rights by such content; (b) your use of the service in violation of these Terms or applicable law (for example, using the service for unlawful purposes or in breach of the Acceptable Use rules); (c) your breach of any provision of these Terms, or any representation or warranty you provide herein; or (d) any fraud, misrepresentation, or misconduct by you.
In plain language, if your actions or content cause RenderDay to be sued or incur liability, you will cover those costs and damages. We will: (i) promptly notify you of any such claim (provided that failure to promptly notify will only affect your obligation to the extent it prejudices your ability to defend the claim); (ii) permit you to control the defense and settlement of the claim, as long as it does not result in any admission of fault by RenderDay or any unindemnified liability, and (iii) cooperate with you (at your cost) in defending the claim. We reserve the right to participate in the defense with our own counsel at our own expense.
This indemnification obligation will survive the termination of your relationship with RenderDay and is not limited by any limitation of liability elsewhere in these Terms. If you are a consumer using the service for personal purposes, the above indemnity may be limited by applicable law, but you still agree that you are responsible for your own wrongdoing and the content you provide.
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 RenderDay (including non-contractual disputes or claims) shall be governed by the laws of Germany, specifically the laws in force in the Federal Republic of Germany, without regard to its conflict of law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded. If you are using RenderDay as a consumer and have your habitual residence in the European Union or another country that provides for certain consumer protections, you may also be afforded the protection of mandatory provisions of the law of your country of residence (meaning that German law will govern to the extent it doesn't conflict with those mandatory consumer protections).
Jurisdiction: You agree that any disputes arising under these Terms or relating to your use of the service shall be subject to the exclusive jurisdiction of the courts in Bochum, Germany, or if that court lacks subject matter jurisdiction, the courts of the next appropriate level in Germany. However, if you are a consumer (as defined under applicable law), this choice of jurisdiction does not deprive you of any right you may have to also initiate or defend a claim in your home country's courts under applicable law. In other words, this clause is primarily intended for business users or situations where jurisdiction can be agreed by parties. For consumers, you and we both retain whatever forum rights are provided by law.
Regardless of the venue, you and RenderDay agree to attempt to resolve any dispute amicably and in good faith before resorting to legal proceedings. You can contact us with any concerns, and we will do our best to address them. If informal resolution fails, this governing law and jurisdiction clause will apply.
Miscellaneous Provisions
- Entire Agreement: These Terms (along with any documents expressly incorporated by reference, such as the Privacy Policy and any additional guidelines or policies on the RenderDay website) constitute the entire agreement between you and RenderDay regarding the service. They supersede all prior and contemporaneous understandings, agreements, representations, or warranties, both written and oral, regarding the service. Any additional or different terms proposed by you (for example, in an email or purchase order) are rejected and will not apply, unless explicitly agreed in writing by RenderDay.
- Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of the Terms will remain in full force and effect. In such an event, the invalid or unenforceable provision will be deemed modified so as to be valid and enforceable to the fullest extent allowed by law, consistent with the original intent (or, if that is not possible, it will be severed from the Terms).
- No Waiver: RenderDay's failure to enforce any right or provision of these Terms shall not constitute a waiver of future enforcement of that right or provision. Similarly, acceptance of payment or continued provision of service after a breach by you does not mean we waive our rights to enforce any term. The waiver of any breach shall not waive any subsequent breaches. All waivers must be in writing to be effective.
- Assignment: You may not assign or transfer any of your rights or obligations under these Terms to a third party without our prior written consent. Any attempted assignment without consent is null and void. RenderDay may assign or transfer its rights and obligations under these Terms to another party in the event of a merger, acquisition, sale of the business or assets, or by operation of law, and will notify you of any such assignment. These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.
- Relationship of Parties: You and RenderDay are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between us. Neither party has authority to bind the other or incur obligations on the other's behalf without prior written consent.
- Third-Party Beneficiaries: These Terms are intended for the benefit of you and RenderDay (including Sascha Schwabbauer as owner/operator), and not for any other person except as provided in the Indemnification section (where certain parties are indemnified) or Assignment section (in case of successors). Except as expressly stated, no person or entity who is not a party to these Terms shall have any right to enforce any term of these Terms.
- Headings and Interpretation: The section headings in these Terms are for convenience only and have no legal or contractual effect. Words like "including" are to be read as "including without limitation". These Terms were originally written in English (and maybe provided in other languages); the English version shall control in case of any ambiguity or conflict with translations.
- Notices: RenderDay may provide you with notices under these Terms via email to the address you provided, via written communication sent to your provided address (if any), or by posting on our website (if the notice is general to all users). You may give notice to RenderDay by email at the contact address provided below or by written letter sent to our mailing address. Notices shall be deemed given (a) if by email, when the email is sent (provided no bounce or error message is received), or (b) if by post, when received by us.
- Force Majeure: RenderDay will not be liable for any delay or failure to perform as required by these Terms as a result of any cause or condition beyond our reasonable control, including but not limited to acts of God, natural disasters, telecommunications failures, labor disputes, war, terror, pandemic, governmental action, or failure of third-party services. In such an event, we will make reasonable efforts to resume service as soon as practicable.
Contact Information
If you have any questions, concerns, or feedback about these Terms or the RenderDay service, please feel free to contact us. The operator of RenderDay, Sascha Schwabbauer, can be reached at the mailing address provided in the Introduction or via the contact form/email provided on the RenderDay website.
Contact Address:
Sascha Schwabbauer (RenderDay)Oskar-Hoffmann-Str. 127
44789 Bochum
Germany
Email and support contact information can be found on our website's "Contact Us" page. (As a small proprietorship, we may not list an explicit email here to avoid spam, but users can reach out through the official site communication channels.)
We value your use of RenderDay and will do our best to address any issues or questions you have regarding these Terms or our service. By using the service, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing RenderDay for your Blender rendering needs!