Terms & Conditions
Effective Dec 1st, 2024
1. Introduction
By using the distributed rendering service Praxilla, you agree to these terms and conditions. These terms are divided into two sections: one for designers and one for rendering hosts.
Age Restriction: By using our service, you confirm that you are at least 18 years of age or the age of majority in your jurisdiction.
Privacy Policy: Praxagoras GmbH collects and processes user data in accordance with GDPR. For detailed information on data collection, use, and retention, please refer to our Privacy Policy.
1.1 Definitions
For the purposes of these Terms and Conditions, the following definitions apply:
Praxagoras GmbH:
Refers to a limited liability company incorporated under Austrian law, operating the distributed rendering service marketed as Praxilla.
Praxilla:
The distributed rendering platform operated by Praxagoras GmbH, designed to facilitate rendering tasks for animation and design projects.
Designer:
An individual or entity that registers for and uses Praxilla’s rendering services to process animation, design, or other creative projects. Designers may include freelancers, design studios, or academic institutions.
Host:
An individual or entity that offers their computing resources (e.g., GPUs) to support Praxilla’s rendering network. Hosts are compensated based on verified rendering hours and agreed electricity rates.
Rendering Job:
A specific task or project submitted by a designer for processing on Praxilla’s rendering platform.
Rendering Hours:
The amount of time, measured in minutes and hours, that a rendering job utilizes Praxilla’s resources, calculated per active node.
2. Terms for Designers
2.1 Rendering Hour Packages
- Designers can purchase rendering hour packages, which grant access to our rendering services.
- The prices for rendering hour packages and all other services are exclusive of VAT (value-added tax). VAT application depends on the customer's location and tax status:
• EU-based B2C Customers (Non-Business): VAT is applied at the applicable local rate of the customer's EU country.
• EU-based B2B Customers (Businesses with VAT ID): No VAT is charged if a valid VAT ID is provided during the purchase process, as per the reverse charge mechanism under EU VAT rules.
• Austrian Businesses: VAT is applied but can be reclaimed according to Austrian tax regulations.
• Non-EU Customers: No VAT is charged for B2B customers located outside the EU.
Customers are responsible for ensuring their VAT information is accurate and up-to-date. Any issues arising from incorrect or incomplete tax information provided by the customer are the customer's responsibility.
- Rendering hours are valid for a minimum of one year from the date of purchase.
- Prepaid Rendering Hours: Prepaid rendering hours are non-refundable and will become invalid in the event of Praxagoras GmbH's bankruptcy, closure, or dissolution. Prepaid rendering hours may be subject to claims under Austrian insolvency law, which could affect their validity during bankruptcy proceedings.
- Rendering hours are non-transferable and may only be used by the purchasing account unless explicitly authorized by Praxagoras GmbH.
2.2 Consumer Right to Withdrawal
- Under Austrian and EU law, consumers typically have a 14-day right to withdraw from contracts made online (unless an exception applies, such as the immediate provision of digital services).
- For rendering hour packages, designers may withdraw from the purchase within 14 days unless they explicitly consent to the immediate provision of rendering services.
- Consent to Immediate Provision: By using the rendering services, designers explicitly consent to the immediate provision of services, which waives the 14-day withdrawal right once services commence.
2.3 Initial Free Trial
- Designers who are first-time users may qualify for a promotional free trial. The trial's duration and conditions depend on the specific offer.
- Free trials will end automatically unless the user explicitly subscribes to a paid plan.
- No credit card is required to begin a free trial.
2.4 Fair Use Policy
- Users are limited to having one job actively rendering at a time and one job waiting in the queue. This system is designed to ensure fair and equitable access to rendering resources for all users.
- Excessive or Disruptive Use:
Any attempts to bypass this system, such as:
- Using multiple accounts to exceed the job limit.
- Manipulating the platform to gain additional access to rendering resources.
Such actions will be considered a violation of the Fair Use Policy.
Praxagoras GmbH reserves the right to suspend or terminate accounts found in violation of these measures, with notice provided to the user and an opportunity to rectify the issue where possible. First-time violations will result in a warning and temporary suspension of services. Repeat violations may result in account termination.
- Rendering time is calculated in minutes per node that is actively rendering. Partial minutes (e.g., seconds) are not counted towards the rendering time.
- Rendering Hours Exhaustion:
If a designer runs out of rendering hours while a job is being processed:
- No Frames Rendered: If no frames are completed during the remaining rendering time, this time will be lost, and the job will be paused automatically.
- Completed Frames: If one or more frames are successfully rendered before the rendering hours are used up, these frames will be made available for download.
- To continue the paused job, the designer must purchase additional rendering hours. Once rendering hours are added to the account, the job can resume from where it was paused.
2.5 Data Protection & Privacy
- Designer data is securely stored in an encrypted environment. We adhere to GDPR regulations.
- Projects’ files are only processed for rendering purposes and are deleted upon completion when removed from the Job Handler.
- Metadata Retention: Metadata related to rendering jobs is retained securely for up to 7 years for statistical and managerial purposes. After 7 years, metadata will be anonymized unless otherwise required by regulatory obligations.
- Data Transfers: Rendering tasks may involve processing on nodes located outside the European Economic Area (EEA). Praxagoras GmbH ensures compliance with GDPR through safeguards such as Standard Contractual Clauses (SCCs) or equivalent mechanisms.- Right to Be Forgotten: Users may request the deletion of project metadata at any time, subject to legal and regulatory obligations. Praxagoras GmbH will comply with such requests within the statutory timeframe to ensure compliance with GDPR's "right to be forgotten."
- Confidentiality: Praxagoras GmbH will not access or use uploaded files for any purpose other than rendering services unless explicitly authorized by the user. Systems are designed to ensure files remain confidential.
- User Notification: Users will be informed about all data processing activities and retention policies at the point of registration and file upload. Please refer to our Privacy Policy for details.
- In the unlikely event of a data breach affecting uploaded files or personal data, users will be notified without undue delay, in compliance with GDPR Article 33. This notification will include details of the breach, its potential impact on personal data and intellectual property, and the measures taken to mitigate risks and prevent future breaches.
2.6 Service Availability & Limitation of Liability
- While Praxagoras GmbH strives for continuous service availability, external factors (e.g., rendering host availability) may cause delays. Praxagoras GmbH cannot compensate for such delays.
- Praxagoras GmbH is not liable for any failure to perform due to causes beyond its reasonable control, including but not limited to natural disasters (e.g. earthquakes, floods), cyberattacks, strikes, government-imposed restrictions or sanctions, or infrastructure failures. Praxagoras GmbH will notify users promptly of any such events and their anticipated impact on services. Praxagoras GmbH will take all reasonable steps to prevent or mitigate the effects of force majeure events. Foreseeable risks within the control of Praxagoras GmbH are not considered force majeure, such as:
• Routine maintenance or software updates without notice.
• System capacity limitations resulting from predictable user demand.
• Server downtime due to neglected infrastructure improvements.
- Service Downtime Disclaimer: Praxagoras GmbH reserves the right to conduct scheduled maintenance with at least 48 hours' notice to users. Praxagoras GmbH is not liable for any indirect or consequential losses resulting from downtime, whether scheduled or unscheduled, except where such downtime results from gross negligence or intent.
- Limitation of Liability: Praxagoras GmbH is not liable for any direct, indirect, incidental, or consequential damages, including loss of data, lost profits, or interruptions of service, arising from the use or inability to use our platform, except as required by Austrian or EU consumer protection laws. These limitations of liability do not apply to claims arising from gross negligence, intent, or violations of mandatory statutory rights under Austrian or EU law.
2.7 Support
- Designers are entitled to customer support, with responses within 24 hours, though resolution times may vary depending on complexity.
2.8 Intellectual Property
- Ownership of designs remains with the designer. Praxagoras GmbH processes uploaded designs solely for rendering purposes, without transferring any intellectual property rights.
2.9 Render Result Retention
- Rendered results will be available for download for a period of 14 days after rendering is complete. After this period, the files will be permanently deleted from our servers unless otherwise agreed in writing before the render order is placed. Customers are responsible for downloading their render results within this timeframe.
2.10 Limitation of Responsibility for Projects
- Praxagoras GmbH is not responsible for the content, legality, or quality of projects created by designers and rendered using our platform. Designers are solely responsible for ensuring their projects comply with all applicable laws and do not infringe on third-party rights.
2.11 Termination of Service
- Praxagoras GmbH reserves the right to terminate service or revoke rendering hours without compensation in cases of abuse (e.g., uploading malicious files). Abuse includes, but is not limited to:
• Uploading files that contain malware or malicious software.
• Using the service for purposes other than rendering design projects (e.g., non-design computational tasks).
• Sharing account credentials to allow unauthorized use.
• Attempting to bypass or exploit technical limitations of the platform.
- Praxagoras GmbH will provide a 14-day notice period for users to address any violations, except in cases involving malicious intent or gross misconduct.
3. Terms for Rendering Hosts
3.1 Application
- Hosts must provide accurate details about their PC specifications, address, and other required information during the application process.
3.2 Compensation
- Compensation is calculated based on verified rendering hours and the agreed-upon electricity rates at the time of registration.
- Rendering hosts may request detailed payment records within 14 days of payment. Disputes will be resolved based on verified logs of rendering hours and agreed-upon rates.
- Rate Changes: Rendering hosts will be notified of any changes to agreed-upon rates at least 30 days in advance.
- Compensation is capped at 10 hours per day, (and total of 250 hours per month) with payments made at the end of each calendar month.
3.3 Data Security
- Hosts must ensure the confidentiality and security of all files rendered on their machines. Unauthorized access or leaks will result in penalties.
• Hosts must maintain robust antivirus and firewall systems.
• Hosts are prohibited from accessing or distributing any rendered files.
• Praxagoras GmbH, as the data controller under GDPR, is responsible for oversight and handling any reported data breaches.
3.4 Penalties
- Misreporting hardware specifications or unauthorized data access will lead to a ban and potential legal action.
3.5 Termination of Agreement
- Terminations will be based on verified evidence of policy violations, which will be communicated to the rendering host upon termination.
- Immediate termination may occur for verified violations of policy, including unauthorized data access, misreporting hardware specifications, or malicious activities.
- Upon termination, rendering hosts will be compensated only for valid rendering hours accumulated up to the date of termination.
3.6 Dispute Resolution
- Disputes will be resolved through good-faith negotiations. If unsuccessful, disputes that cannot be resolved will be referred to arbitration under the Vienna Arbitration Rules, with Linz, Austria, as the venue. Arbitration decisions are binding. For matters outside arbitration, Austrian courts in Linz, Austria, shall have exclusive jurisdiction. Arbitration clauses do not override users' rights to pursue claims in their local courts under applicable EU law.
4. General Provisions
4.1 Jurisdiction & Arbitration
- These Terms and Conditions, as well as all contractual and non-contractual obligations arising from or in connection with them, shall be governed by the laws of the Republic of Austria, excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
- Disputes arising under these Terms and Conditions shall be resolved through arbitration under the Vienna Arbitration Rules, with Linz, Austria, as the venue. The arbitration decision shall be final and binding on both parties. For disputes not resolved through arbitration or where arbitration is not applicable, the exclusive jurisdiction shall be the courts of Linz, Austria.
- These provisions do not override any mandatory statutory rights of consumers under applicable EU law, including their right to pursue claims in their local courts where such rights are guaranteed.
4.2 Changes to Terms
- Praxagoras GmbH reserves the right to amend these terms. Significant changes like Alterations to service pricing (e.g., rendering hour package costs), Introduction of new service limitations or fair use thresholds, Changes to refund policies for prepaid hours, Modifications to dispute resolution procedures will be communicated via email and/or the platform dashboard at least 30 days before enforcement.