Effective Date: Aug 16, 2024
1.1. These Terms of Use (“Terms”) govern the use of the Nexrender Cloud Rendering Service (“Cloud Service”) and the self-managed version of Nexrender (“Self-Managed Version”) provided by Nexrender OÜ (“Provider”), located at Sepapaja 6, 15551 Tallinn, Estonia.
1.2. By using the Service, you (“Client”) agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
2.1.1. The Cloud Service provides access to an online deployment of Nexrender software.
2.1.2. The Cloud Service orchestrates custom and personalized video rendering jobs for the benefit of the Client.
2.1.3. The Cloud Service includes instances of Adobe After Effects operating in render-only non-royalty mode.
2.1.4. The licenses for Adobe After Effects used in the Cloud Service are under the Client’s name.
2.1.5. Nexrender software is distributed under the GNU Affero General Public License (AGPL) as part of this cloud offering.
2.2.1. The Self-Managed Version allows the Client to access and deploy the Nexrender software on their own premises.
2.2.2. The Client is solely responsible for the deployment, management, and continuity of operations for the Self-Managed Version.
2.2.3. The Self-Managed Version of Nexrender is distributed under the MIT License, provided “as-is” without any warranties or guarantees.
2.2.4. The Provider may offer support for the Self-Managed Version under a separate support agreement.
3.1.1. The Client is granted a non-exclusive, non-transferable right to use the Cloud Service in accordance with these Terms.
3.1.2. The Client is responsible for providing valid Adobe After Effects licenses for use within the Cloud Service.
3.1.3. The Cloud Service is to be used solely for rendering After Effects projects provided by the Client.
3.1.4. The Client must not use the Cloud Service to produce illegal content or content that advertises any illegal services.
3.2.1. The Client is granted a non-exclusive, non-transferable right to access and deploy the Self-Managed Version of Nexrender on their own premises under the MIT License.
3.2.2. The Client acknowledges and agrees that they are fully responsible for the security, maintenance, and operational continuity of the Self-Managed Version.
3.2.3. The Provider is not responsible for any interruptions, errors, or data loss resulting from the use of the Self-Managed Version unless otherwise agreed upon in a separate support agreement.
4.1.1. The Client must ensure that all data and materials submitted to the Cloud Service comply with applicable laws and regulations.
4.1.2. The Client must not use the Cloud Service to store or transmit any unlawful, infringing, or harmful data.
4.1.3. The Client is responsible for maintaining the confidentiality of their account credentials and for all activities conducted under their account.
4.2.1. The Client must ensure that their deployment and use of the Self-Managed Version comply with applicable laws and regulations.
4.2.2. The Client is responsible for securing access to the Self-Managed Version and ensuring that any data processed through the Self-Managed Version is handled securely.
5.1.1. The Provider will process personal data in accordance with applicable data protection laws and the Provider’s Privacy Policy.
5.1.2. The Provider will implement appropriate technical and organizational measures to ensure the security of the Client’s data.
5.1.3. The Client’s data will be auto-removed after one month of retention by default. If the Client seeks an immediate removal of videos or/and assets, that could be arranged as a custom deployment.
5.1.4. The Provider adheres to its Corporate Security Policy for handling personal and sensitive data.
5.2.1. The Data Processing Agreement is not applicable to the Self-Managed Version since the Provider does not process any data on behalf of the Client.
5.2.2. The Client is fully responsible for complying with all relevant data protection laws and securing data processed through the Self-Managed Version.
6.1. All intellectual property rights of the Nexrender Cloud Service, including its underlying software, and related systems are owned by the Provider. The Provider does not claim ownership of any materials, assets, or output uploaded or generated by the Client through the Cloud Service, which remain the exclusive property of the Client.
6.2. The Self-Managed Version of Nexrender is distributed under the MIT License, and the Client is granted the rights specified in that license.
7.1.1. The Client agrees to pay the fees for the Cloud Service as specified in the applicable service agreement or order form.
7.1.2. All fees are non-refundable, except as expressly provided in these Terms or the applicable service agreement.
7.2.1. The Self-Managed Version is provided under the MIT License, which is free of charge.
7.2.2. Any support services offered by the Provider for the Self-Managed Version may be subject to separate fees as agreed upon in a support agreement.
8.1.1. The Provider warrants that the Cloud Service will perform substantially in accordance with the documentation provided.
8.1.2. The Cloud Service is provided “as is,” and the Provider disclaims all other warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2.1. The Self-Managed Version is provided “as-is” without any warranties or guarantees of any kind.
8.2.2. The Provider disclaims all warranties, whether express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement for the Self-Managed Version.
9.1.1. To the maximum extent permitted by law, the Provider shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) the Client’s use of the Cloud Service; (b) any unauthorized access to or use of the Cloud Service; or (c) any interruption or cessation of the Cloud Service.
9.1.2. The Provider’s total liability for any claim under these Terms, including for any implied warranties, is limited to the amount the Client paid the Provider for use of the Cloud Service.
9.2.1. The Provider shall not be liable for any damages, losses, or interruptions resulting from the Client’s use of the Self-Managed Version.
9.2.2. The Provider’s total liability for any claim under these Terms, including for any implied warranties, is limited to the amount, if any, the Client paid the Provider for support services related to the Self-Managed Version.
10.1.1. The Client may terminate the use of the Cloud Service at any time by providing written notice to the Provider.
10.1.2. The Provider may terminate or suspend the Client’s access to the Cloud Service if the Client breaches these Terms.
10.1.3. Upon termination, all rights granted to the Client under these Terms will immediately cease, and the Client must cease all use of the Cloud Service.
10.2.1. The Client may terminate their use of the Self-Managed Version at any time by discontinuing its deployment and use.
10.2.2. The Provider may terminate support services for the Self-Managed Version if the Client breaches these Terms or any applicable support agreement.
11.1. These Terms shall be governed by and construed in accordance with the laws of Estonia.
11.2. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of Estonia.
12.1. The Provider may amend these Terms from time to time by posting the amended Terms on its website. The Client’s continued use of the Cloud Service or Self-Managed Version after any such amendment constitutes acceptance of the amended Terms.