Terms & Conditions

Terms & Conditions

Terms & Conditions with respect to Rendered Services via the User Interface (website)

These Terms & Conditions with respect to Rendered Services (‘T&C’) apply to all agreements and subscriptions pursuant to which Bright River CGI will provide its Rendered Services:


Rendered Services:
Rendered is an online platform to convert products into 3D. The platform allows users to create jobs by uploading reference data, those jobs will be converted into 3D Assets and those assets will be provided back to the User. All 3D content is created according to the industry standard formats and in accordance with the specifications as included in Annex I (3D asset tolerances) .

Rendered also provides 3D interactive viewers with built-in AR. This allows users to use the provided embed links to show interactive 3D Assets on their web platforms. 

3D viewer and AR:
The embeddable 3D viewer with included AR is hosted by Rendered using Microsoft storage and CDN services. This allows users to use the provided embed links to show interactive 3D Assets on their web platforms. Bright River will track the number of 3D viewer sessions and will provide the client with reports on this. Sessions are calculated based on the user views for all 3D viewers embedded under the account. Depending on the User’s subscription, up to 20.000 (Go AR) or up to 50.000 (Go Digital) of 3D viewer sessions per month are included in the subscription, after that an additional fee of 15 EUR for every 10.000 additional sessions per month applies.

Account storage:
Depending on the User’s subscription, the usage of 50GB (Go Virtual), 100GB (Go AR) or 250GB (Go Digital) of storage is included in the subscription. Product reference data, 3D viewer hosting and final product output are part of the storage to be used. If additional storage is required, an additional fee of 25 EUR per month for every 50 GB applies. 

Storage period and access to 3D assets:
All products and their final output remain accessible during the Subscription period and for a maximum of one (1) month after the Subscription has been terminated.

Order Estimates:
Pricing is based on the complexity of the product. Order estimates will be shared in the Rendered platform, and here the client will be able to approve or reject the estimates.

Standard complexity pricing is as follows, with further discounts applied based on the subscription tier:

Complexity 1 €29.00
Complexity 2 €59.00
Complexity 3 €89.00
Complexity 4 €119.00
Complexity 5 €149.00
Complexity 6 €179.00
Model Variation €39.00
Material Variation €22.00
Product Renders €19.00
36 frame 360 €19.00


Discounts apply to all products and services listed on our website and will be automatically applied on invoices. Discounts are subject to change at any time, and are only applicable to new purchases. Discounts cannot be applied retroactively and cannot be combined with other discounts or promotions.


Payment terms - subscriptions:
Parties under the paid subscription tiers will be subscribed on a monthly basis. The subscription will be generated through Stripe payments or recurring monthly invoices. If the monthly subscription fee is not paid the parties account will be downgraded and all invoices will need to be paid before production will continue.

Payment terms - invoices:

  1. Parties under the paid subscriptions tiers will be sent a monthly invoice for the orders created in that month.

Monthly invoices have a payment terms of 14 days and have a late fee of 1.5% for every 14 days after the due date.


Turnaround time*:
3D assets for products will be processed after the client approves the estimate(s). Products are typically turned around within twelve (14) business days of going into production for Master Products and eight (9) business days for variation products. Variation products will only be processed once the linked Master Product has been approved.

* The turnaround times stated above are based on a client reviewing the 3D assets within 24 hours. Turnaround times are also dependant on the volume of products created at any one time, larger batches will have higher turnaround times than smaller batches.

Client Reviewing:
Client will review 3D assets and CG product images in the Rendered platform. Rejections need to be made within five (5) business days after the product has been notified in the Rendered platform. After five (5) business days products are considered approved. 

Client Support:
All support requests will need to be made in the Rendered platform. The platform provides so-called ‘tickets’ that can be created on a product specific level or for general or technical support.

Reporting:
Reporting for estimates, invoices, products created, product statuses and total monthly spent under this contract can be found in the client's dashboard in the Rendered platform.

IP Rights & Data:

  1. Bright River CGI grants the User an unlimited, personal, exclusive license to use the 3D Assets processed.
  2. All pre-existing Intellectual Property of each Party will remain the exclusive property of that Party and, except as specifically provided otherwise, no Party will acquire any rights or interests in the other Party's pre-existing Intellectual Property.
  3. Bright River CGI may store and use Processed Visual Content inputs (e.g. 3d models and images) processed by the Service to provide and maintain the Service and to improve and develop the quality of its automation. Bright River CGI shall not store or use any personally identifiable information such as contact details (name and email address) that may be contained in the User’s content for these purposes.

Knowledge Resulting from Rendered Services:
The User authorizes Bright River CGI to use, copy, reproduce, process, adapt, amend, publish, transmit, edit, translate, show and distribute any knowledge in connection with the provision of the Rendered Services. The User accepts that Bright River CGI may use the knowledge as well as the questions and answers, interactions, and any contents owned by the User, in order to improve its processes, algorithms and 3D Asset creation workflows.

Privacy:

Bright River CGI respects privacy and only uses the User’s Personal Data for the purpose of payment obligations and contact details with respect to the Bright River CGI services. If Bright River CGI processes Personal Data Bright River CGI complies with the obligations under the European General Data Protection Regulation. Parties establish, confirm and agree that the User’s visual content to be processed by Bright River CGI does not qualify as Personal Data.

Guarantees and Indemnities:

  1. Bright River CGI depends on the Visual Content provided by the User. In that regard the User guarantees the following:
    1. The User is fully entitled to upload the Visual Content and has obtained any necessary consents with respect to any individual’s data protection and the protection of privacy;
    2. the Visual Content is correct, complete, unencumbered and not limited or restricted by, and does not infringe upon, any third parties’ rights, including IP Rights, and the use of the images by Bright River CGI is not in any other way unlawful in respect of third parties
    3. The User will never submit Visual Content that is in any way discriminating, offensive, obscene, violent, unlawful or harming the interests and reputation of Bright River CGI.
  2. To ensure that all clients can make use of the Services, the User guarantees fair use of the Services. Hence, the Client will not use the Services unreasonable and will not intentionally use or enable or demand any third party to use or enable viruses, Trojan horses, worms, bots, or other software which may cause damage to the Services, the platform, the website, or any other technical aid which may render them inaccessible or which are intended to circumvent technical protective measures. Bright River reserves the right to block access for unauthorized use of the system. 

Exclusion and limitation of liability:

  1. In no event shall Bright River CGI be liable to the User or any third party for direct, indirect, consequential, incidental, or punitive damages, lost profits or lost savings, loss of exploitation, productivity, reputation, contracts, investments, time, data, files, programs and/or documentation resulting from any defect in or use of any services. 
  2. Parties can only be held liable for direct damage for any breach of this Agreement and neither Party shall be liable for any indirect or consequential damages, or loss of exploitation, productivity, reputation, profits, contracts, investments, time, data, files, programs and/or documentation.
  3. The total liability of each Party towards the other for breach of contract, in tort (including negligence) or otherwise, in any calendar year shall be limited to compensation of the direct damage the amount of which shall not exceed the total aggregate amount of the service fees paid or payable by the User to Bright River during the calendar year immediately preceding the year in which the damage occurred. Any claim for damages shall lapse by the mere expiration of 4 weeks after the claimed damage occurred.
  4. Neither Party limits or excludes its liability for wilful misconduct, gross negligence, fraud, fraudulent misrepresentation, death or personal injury.

Force Majeure:
Bright River CGI shall not be liable for any delay or failure to perform its obligations under the agreement if that delay or failure arises directly or indirectly through force majeure, which is deemed to include an act of God or (without limitation), war, terrorism or other civil disturbance, decisions of any civil authority, fires, flood, strikes or any other circumstances that affect the operations and that can reasonably be deemed beyond the control of Bright River CGI including, without limitation, the failure of internet services.

Confidentiality:

  1. Parties shall maintain all information they receive from or about each other strictly confidential, including but not limited to information concerning Visual Content and the Services. Information will in any case be regarded to be confidential, if one of the Parties indicates in writing that it is confidential.
  2. Parties will impose this obligation of confidentiality also on their employees and third parties hired for the performance of their obligations hereunder, in particular Bright River CGI shall impose this confidentiality obligation on the members of its Service Network.
  3. A Party shall not be required to maintain confidentiality with respect to any information that i) was already in the possession of such Party on a non-confidential basis ii) has lawfully come into the possession of such a Party on a non-confidential basis or iii) is legally required to be disclosed to a judicial or administrative authority.

General provisions:

  • Language: the Agreement is concluded in the English language, which language shall be controlling in all respects.
  • Governing law: The Agreement and any use of our Services are subject to Dutch law and any dispute arising out of it that cannot be solved amicably shall be settled before the competent court of Amsterdam, The Netherlands.
  • Invalid or unenforceable clauses: If any part of these T&C, is found invalid or unenforceable, that part will be enforced to the maximum extent permitted by law and the remainder of the Agreement will remain in full force.

Definitions:

The following terms shall have the meaning set forth below:

Agreement:

The entire agreement, including these Terms and Conditions, concluded between Bright River and the User for provision of the Service;

3D Assets:

Models, textures and interactive AR files that are used for the various final outputs provided by Rendered;

Bright River CGI:

A private limited liability company, listed in the Commercial Register of the Dutch Chamber of Commerce under number 84798602;

IP Rights:

All intellectual property and ancillary rights, such as copyrights, trademark rights, patent rights, design rights, trade name rights, as well as know-how rights;

Master Product

First initial product to be created in a series;

Order Estimates:

Products are given a complexity level and are priced accordingly. Estimates are to be reviewed and approved before the products are processed;

Parties: 

Bright River CGI and User, each being a Party

Personal Data:

Any information relating to an identified or identifiable natural person. More specific for these services it is limited to the contact details (name and email address) of natural persons working for User to the extent necessary for registration

Processed Visual Content:

The Visual Content after having been processed

Rendered / Rendered Platform:

Bright River’s platform with various tools that includes all communication and information regarding the Service, including but not limited to enabling the User to create 3D assets and to integrate/embed 3D viewers with app-less AR and CG product images;

Service: 

The services provided by Bright River CGI to User under the terms of this Agreement

Service Network:

The service network Bright River CGI has established, apart from its own corporate group, and which consists of a number of carefully selected professional companies, with which Bright River CGI has agreements in place and which are engaged in the provision of the Bright River CGI Service;

Subscription: 

Users can opt for the following monthly plans: Go Virtual, Go AR, Go Digital and Enterprise subscription, each with their own conditions as further described in the Agreement;

Turnaround Time: 

The amount of time taken to complete the Services starting at the moment Bright River has received the Visual Content from the Client properly in its systems until the return of the complete output to the Client;

User:

Any individual or business that has entered into an Agreement with Bright River CGI;

Visual Content:

All visual content and/or reference data submitted by the User to be processed;




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APPENDIX I 
3D asset tolerances 

Measurement 
System
Reference 
Used
Output 
Compared
Tolerance
Notes
Model
Dimensions 
Measured Assessment 
Dimensions input 
FBX
+- 1%
Shape 
Visual Assessment
Front, side and back reference
(scan if included) 
FBX
+- 2% - 5% 
2% with a 3D scan included, 5% without
Texture
Structure 
Visual Assessment 

Hero reference 

GLB

+- 10%

Roughness 

Visual Assessment 

Hero reference

GLB

+- 10%

Lightness

Delta L

Hero Reference

GLB and diffuse texture 

<= 8.75 

The midtones of both the reference image and glb / diffuse are used for comparison 

Colour 

Delta AB 

Hero reference 

GLB and diffuse texture 

<= 4.5

The midtones of both the reference image and glb / diffuse are used for comparison

All output made by Rendered follows these specific tolerances. Our production teams work according to these tolerances for both modeling and texturing, and all internal QC follows these measurements. 

Jobs that fall within the tolerances as listed above are considered to be properly processed. The client may reject jobs that fall outside these tolerances and the client has the right to request Bright River to re-execute jobs that fall within the tolerances; in that case an additional service fee applies.