Last Updated: May 22, 2026
These Terms of Service (the ""Agreement"") are by and between you (""you"" or ""Customer"") and RendHQ, LLC (""RendHQ"", ""Company"", ""we"", or ""us"", and together with Customer, the ""Parties"" and each a ""Party""). The Agreement governs your access to and use of the RendHQ Platform, Services and RendHQ Website (each defined below). By indicating your consent electronically, or by accessing or using the RendHQ Platform, Services or RendHQ Website, you agree to the terms and conditions stated herein. Each person executing this agreement on behalf of a company or other legal entity represents that they have the authority to bind such entity to this Agreement.
Subject to Customer's compliance with this Agreement, RendHQ will make available the RendHQ platform file conversion services (the ""Platform"") and other applicable services (together with the Platform, the ""Services"") subscribed to or purchased by Customer (an ""Order"") during the term or period identified in the Order. RendHQ hereby grants Customer a non-exclusive, non-transferable, worldwide right to use the Services and the RendHQ software made available to Customer in connection with the Services (""Software""), solely for Customer's own internal business purposes, subject to the terms of this Agreement. All rights not expressly granted to Customer herein are reserved by RendHQ.
Customer shall not, nor permit its Users (defined below) or anyone under its control to: (i) allow any third party who is not a User to access the Platform; (ii) decompile, reverse engineer, disassemble or otherwise attempt to reconstruct or discover the source code of the Platform or Software, or any part of them; (iii) create unauthorized copies of any portion of the Platform or Software, or make any unauthorized modifications to the Platform or Software; (iv) conduct benchmark or performance tests, or disclose the results of any such tests; (v) access the Platform or its output for the purpose of developing a competitive product or service; (vi) use the Platform to store or transmit infringing, libelous, obscene, or otherwise illegal content, including without limitation, any viruses or other malicious code; or (vii) attempt to gain access by unauthorized means to the Platform or related systems or networks (including Customer attempts to conduct penetration testing against RendHQ systems without RendHQ's prior written consent).
The Platform is subject to limitations in accordance with the Order and payment, including, for example, limits on the number of Users and/or the number of conversions permitted for the specified fee or period. If Customer elects an annual subscription to the Platform, Customer is limited by the number of users and/or the maximum number of conversions permitted on a month to month basis. Any unused conversion credits may be carried over during the term of the subscription, provided that any unused credits will be forfeited at the end of the term. If Customer elects to purchase conversion credits on an "ad hoc" basis, Customer may not exceed the purchased credits without advance purchase of additional "ad hoc" credits. The Platform provides real-time information to enable Customer to monitor its compliance with such limitations. In the event any limits are exceeded (an ""Overage""), Customer will be charged for such Overage or be required to purchase such additional licenses or conversions before further use at the then-current pricing. ""Users"" may include employees, contractors or other representatives of Customer authorized by Customer to use the Platform for Customer's benefit, and who have been supplied user identifications and passwords.
Customer shall: (i) be responsible for its Users' compliance with this Agreement; (ii) be responsible for the accuracy and integrity of Customer Data (defined below); (iii) possess the legal rights to provide the Customer Data to RendHQ for RendHQ to use, reproduce, store, transmit, and process in accordance with this Agreement; (iv) prohibit Users from sharing or disclosing passwords, encryption keys, or otherwise allowing unauthorized access to the Platform or Services; (v) ensure that Customer possesses any and all necessary licenses and permissions for any third-party data that Customer provides or causes to be provided to the Platform such that such data can be used, reproduced, stored, transmitted, and processed by RendHQ in accordance with this Agreement; and (vi) use the Platform, Software and Services only in accordance with applicable law.
The Services may be purchased directly from RendHQ or through an authorized reseller or other third party merchant (""Reseller""). If Customer acquires the Services through a Reseller, (i) Customer's payment obligations shall be as agreed between Customer and Reseller, (ii) Customer's Order details (e.g. subscription term, number of licenses, conversion quantities) shall be as stated in the order placed by the Reseller with RendHQ on Customer's behalf, and (iii) RendHQ shall have no responsibility or liability with respect to any acts, omissions, representations or obligations of Reseller. Notwithstanding the foregoing, use of the Services is subject to this Agreement and RendHQ remains the provider of the Services to Customer and in the event of any conflict between this Agreement and an agreement between Reseller and Customer, this Agreement will control with respect to the Services.
Customer shall pay all fees for the Services selected in an Order in US dollars and without any deduction for withholding or similar taxes. Fees may include, without limitation, subscription fees or fees for "credits" to be used for file conversions. Fees are charged on an annual basis or monthly and due in advance. Fees and charges for other services are as indicated in the Order. Unless otherwise stated in the Order, invoiced charges are due upon receipt of invoice. If Customer fails to pay the undisputed amount within thirty (30) days of invoice receipt, such charges will accrue late interest at the rate of one percent (1%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. Fees may be waived or reduced, in the sole discretion of RendHQ, if Customer selects certain white labeling options in connection with the Platform. Fees paid by Customer under this Agreement are non-refundable.
Each Party (the ""Receiving Party"") understands that the other Party (the ""Disclosing Party"") has disclosed or may disclose business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as ""Proprietary Information"" of the Disclosing Party). Proprietary Information of RendHQ includes non-public information regarding features, functionality and performance of the Services and Software. The Receiving Party agrees: (i) to take reasonable precautions to protect such Proprietary Information; and (ii) not to use (except in performance of the Services or as otherwise permitted herein) or divulge to any third person any such Proprietary Information. The Disclosing Party agrees that the foregoing shall not apply with respect to any information that the Receiving Party can document (i) is or becomes generally available to the public through avenues unrelated to the Receiving Party, or (ii) was in its possession or known by the Receiving Party prior to receipt from the Disclosing Party, or (iii) was rightfully disclosed to the Receiving Party without restriction by a third party, or (iv) was independently developed without use of any Proprietary Information of the Disclosing Party, or (v) is required to be disclosed by law. Each Party acknowledges and agrees that a breach or threatened breach by such Party of any of its obligations under this subsection would cause the other Party irreparable harm for which monetary damages would not be an adequate remedy and agrees that, in the event of such breach or threatened breach, the other Party will be entitled to equitable relief, including an injunction, specific performance and any other relief that may be available from any court, without any requirement to post a bond or other security, or to prove actual damages or that monetary damages are not an adequate remedy. Such remedies are not exclusive and are in addition to all other remedies that may be available at law, in equity or otherwise.
Customer represents and warrants that it owns all right, title and interest in and to data and information submitted by or on behalf of Customer to the Platform (""Customer Data""). Customer hereby grants RendHQ the non-exclusive, worldwide, royalty-free, right to use, reproduce, store, transmit, perform, adapt, or display Customer Data to the extent required for RendHQ's provision of the Platform and Services to Customer under this Agreement and to integrate and combine Customer Data with third-party data feeds. Subject to the limited rights granted by Customer hereunder, RendHQ acquires no right, title or interest from Customer or its licensors under this Agreement. Customer has the sole responsibility for the accuracy, quality, integrity, and lawful use of Customer Data. Customer is solely responsible for all storage, backup, and retrieval of Customer Data and is also responsible to create back-up records of all Customer Data. RendHQ will not be responsible for any destruction, damage, loss or failure to store any Customer Data or resulting from a failure in data transmission or operation of the Services by Customer. Customer is responsible for any access and use of the Services via Customer's or Users' accounts and for all activity that occurs in connection with Customer's or Users' accounts, regardless of whether the activities were undertaken by Customer, a User or a third party. RendHQ will not be liable for any loss or damage arising directly or indirectly from Customer's failure to maintain the security of Customer's account and password or for unauthorized access to Customer's account. Customer agrees to notify RendHQ immediately if Customer believes that an unauthorized third party may be using Customer's account or if Customer's account information is lost or stolen.
RendHQ shall own and retain all right, title and interest in and to (i) the Platform, Services, Software, and related documentation, all improvements, enhancements or modifications thereto, (ii) any software, applications, inventions or other technology developed in connection with the Services or support, (iii) any suggestions, ideas, enhancements requests, feedback, recommendations, customer testimonials or other information provided by Customer relating to the Services, Software, or related documentation (collectively, ""Feedback""), and (iv) all intellectual property rights related to any of the foregoing. Customer hereby assigns all right, title, and interest in and to feedback and comments submitted to RendHQ to RendHQ. RendHQ shall have a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate into the Platform or other RendHQ services any suggestions, enhancement requests, recommendations or other feedback provided by Customer, and its Users, relating to the operation of the Platform or the provision of Services, provided that the foregoing shall not apply to Proprietary Information of Customer.
Notwithstanding anything to the contrary, RendHQ shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services and related systems and technologies (including, without limitation, information concerning Customer Data and data derived therefrom), and RendHQ will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other RendHQ offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with its business. No rights or licenses are granted except as expressly set forth herein.
If applicable, Customer hereby grants to RendHQ a non-exclusive, non-transferable, non-sublicensable, revocable license to use Customer's name and trademarks solely in connection with the white-labeled version of the Platform as available to Customer for the term of any white label option selected by Customer.
If elected by Customer, Customer hereby grants RendHQ a non-exclusive, worldwide, royalty-free license to host, use, reproduce, display, perform, publish, and distribute the Customer Data via the Platform in the form of a catalog or marketplace (the ""Catalog"") for the purposes of offering, promoting, and delivering such content to end users, and such other purposes as may be necessary or convenient to creating, maintaining or accessing the Catalog. This license includes the right to sublicense such rights to end users solely as necessary to enable their access to and use of the content as intended. Termination or expiration of this Agreement shall not affect the rights of any end user who has lawfully purchased, accessed, or licensed Customer Data prior to or after such termination. All such end users shall retain the right to access and use the Customer Data in accordance with the terms under which it was originally made available, for the duration of the license granted to them, notwithstanding the termination of this Agreement. For the avoidance of doubt, Customer grants such rights as are necessary to allow end users to access Customer Data for the full duration of the license granted to them by RendHQ.
This Agreement is effective upon your first use of the Services or Website, or when you first place an Order, whichever occurs earlier. This Agreement remains in effect until all subscriptions and other Services have expired or been terminated. Unless otherwise specified in the applicable Order, or if either party gives written notice of its intent to not renew to the other party at least thirty (30) days prior to the end of the initial subscription term, the subscription term will renew upon mutual agreement of the parties on the same terms (""Renewal Term"").
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of this Agreement (including without limitation the failure to make a monetary payment when due), the other party may terminate this Agreement by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have ten (10) calendar days from the effective date of such notice to cure the default(s). Unless waived in writing by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of this Agreement.
Upon expiration or termination of this Agreement, (i) Customer shall promptly pay RendHQ for any Overages or other fees due to RendHQ through the termination date; (ii) any unused credits shall be forfeited; (iii) all rights of Customer to access and use the Platform or Services shall terminate; and (iv) the parties shall return or destroy all Proprietary Information of the other party in its possession. Notwithstanding the foregoing, RendHQ may retain any Customer Data included in any catalog or other database unless Customer provides not less than 90 days written notice requesting such Customer Data be removed. Customer understands and agrees to grant such rights to the Customer Data as is necessary to fulfill the terms of this Section 4(c).
Customer grants to RendHQ a non-exclusive, non-transferable, royalty-free right to display Customer's trademarks, service marks, and logos, as well as visual (i.e., user-facing) elements of outputs generated by the Platform and Services for Customer, for promotional purposes on RendHQ's website, social media and other promotional materials and platforms. Customer may terminate this right by providing RendHQ with 90-day written notice of such termination. Absent such notice, this right shall survive termination of this Agreement. Notwithstanding this right, RendHQ shall not acquire any other right or title of ownership to any copyrights, patents, patent applications, trade secrets, trademarks or other intellectual property of Customer.
At no time shall either party to this Agreement, or such party's owners, employees, contractors or affiliates, (i) make any statements, or take any other actions whatsoever, to disparage, defame, sully or compromise the goodwill, name, brand or reputation of the other party, its owners, employees, contractors or affiliates, or (ii) commit any other action likely to injure, hinder or interfere with the other party's operations or business relationships (or those of its owners, employees, contractors or affiliates). Both parties to this Agreement hereby represent that, as of the Effective Date, they, including their owners, employees, contractors and affiliates, have not committed any of the foregoing actions described in this Section 6.
RENDHQ PROVIDES THE PLATFORM, SERVICES, AND SOFTWARE "AS IS." RENDHQ PROVIDES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE AND OUTPUTS OF THE PLATFORM, SERVICES, AND SOFTWARE IS WITH CUSTOMER. RENDHQ DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PLATFORM, SERVICES, OR SOFTWARE WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION OF THE PLATFORM, SERVICES, AND SOFTWARE WILL BE UNINTERRUPTED OR FREE OF ERRORS.
CUSTOMER AGREES NOT TO, AND NOT TO ALLOW ITS EMPLOYEES, ASSOCIATES OR OTHER THIRD PARTIES TO, USE THE PLATFORM AND SERVICES TO (I) INFRINGE ON ANY THIRD-PARTY RIGHTS, (II) DEVELOP, TRAIN OR IMPROVE ANY AI OR MACHINE LEARNING MODELS UNLESS AUTHORIZED IN WRITING BY RENDHQ, (III) REPRESENT ANY OUTPUT OF THE PLATFORM OR SERVICES AS BEING APPROVED OR VETTED BY RENDHQ, (IV) REPRESENT ANY OUTPUT OF THE PLATFORM OR SERVICES AS BEING AN ORIGINAL WORK OR WHOLLY HUMAN-GENERATED WORK, (V) AUTOMATE DECISION-MAKING THAT HAS LEGAL OR SIMILARLY SIGNIFICANT EFFECTS, UNLESS IT DOES SO WITH ADEQUATE HUMAN REVIEW AND IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS, OR (VI) ANY EFFECT, OR FOR ANY PURPOSE, THAT IS DISCRIMINATORY, HARASSING, HARMFUL OR UNETHICAL.
RENDHQ MAY USE ARTIFICIAL INTELLIGENCE ("AI") FOR VARIOUS DATA PROCESSING TASKS RELATED TO THE PROVISION OF THE PLATFORM AND SERVICES TO CUSTOMER. DUE TO THE NATURE OF AI, NO REPRESENTATIONS OR WARRANTIES ARE GIVEN WITH RESPECT TO WHETHER ANY OUTPUT OF THE PROGRAM INCORPORATES OR REFLECTS THIRD-PARTY CONTENT OR INFRINGES ON THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. AI OUTPUTS ARE OFTEN GENERATED THROUGH MACHINE LEARNING PROCESSES, LARGE LANGUAGE MODELS, OR OTHER MODELS TYPICALLY ASSOCIATED WITH AI OUTPUTS AND ARE NOT TESTED, VERIFIED, ENDORSED OR GUARANTEED TO BE ACCURATE, COMPLETE, OR CURRENT BY RENDHQ. CUSTOMER ACCEPTS THAT IT IS SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING ALL OUTPUTS OF THE PLATFORM AS TO APPROPRIATENESS FOR ANY AND ALL USE CASES OR APPLICATIONS. THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION PROVISIONS OF THIS AGREEMENT APPLY TO ALL OUTPUTS OF THE PLATFORM.
Customer shall indemnify and hold harmless RendHQ and its officers, owners, directors, managers, employees, agents, contractors, sublicensees, affiliates, subsidiaries, successors and assigns from and against any and all damages, liabilities, costs, expenses, claims, and/or judgments, including, without limitation, reasonable attorneys' fees and disbursements (collectively, the ""Claims"") that any of them may suffer from or incur and that arise or result from (i) Customer's operation of its business, (ii) Customer's use, deployment, management, control or possession of the Platform and Services or accounts with third-party software vendors, (iii) Customer's breach or alleged breach of, or its failure or alleged failure to perform under, any agreement to which it is a party, including this Agreement, (iv) Customer's violation, or alleged violation, of any law or regulation; or (v) any claims arising from RendHQ's use of Customer Data, including but not limited to any claim of infringement of intellectual property or violation of privacy rights.
NEITHER PARTY, NOR THEIR AFFILIATES, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS OR REPRESENTATIVES, SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, OR INABILITY TO USE, THE PLATFORM, SERVICES OR THE SOFTWARE, OR OTHERWISE ARISING OUT OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES BASED ON LOSS OF PROFIT, LOSS OR INTERRUPTION OF DATA, ALTERATION OR ERRONEOUS TRANSMISSION OF DATA. THIS LIMITATION ON LIABILITY SHALL EXTEND TO BOTH PARTIES EVEN IF SUCH PARTY IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE KNOWN OR FORESEEN SUCH POSSIBILITY.
CUSTOMER REPRESENTS AND WARRANTS THAT IT UNDERSTANDS AND HAS FAMILIARITY WITH THE FUNCTIONALITY AND DESIGN OF THE PLATFORM, AND CUSTOMER ACCEPTS ANY AND ALL LIABILITY FOR USE, AS WELL AS ANY AND ALL INFORMATION OR DATA FLAGGED, CAPTURED OR RETAINED BY OR THROUGH THE SERVICES OR SOFTWARE PROGRAMS, BY ANY AND ALL USERS, INCLUDING ANY AND ALL THIRD PARTIES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF RENDHQ AND ITS AFFILIATES AND EACH OF THEIR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES FOR ANY AND ALL CLAIMS, LOSSES, OR DAMAGES (WHETHER BASED ON TORT, CONTRACT, OR ANY OTHER THEORY) EXCEED THE AMOUNT PAID BY CUSTOMER TO COMPANY UNDER THIS AGREEMENT IN THE 3 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY. IN ADDITION, UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY CLAIM OR ACTION ASSERTED BY CUSTOMER MORE THAN ONE (1) YEAR AFTER THE TERMINATION OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. TO THE EXTENT SUCH A LAW APPLIES TO CUSTOMER, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO CUSTOMER, AND CUSTOMER MAY HAVE ADDITIONAL RIGHTS. IF THE ENFORCEABILITY OF THIS SECTION 10 IS LIMITED BY LAW, THIS SECTION 9 SHALL BE DISREGARDED ONLY TO THE EXTENT IT CONFLICTS WITH AN APPLICABLE LAW, AND THE REMAINDER OF THE AGREEMENT SHALL BE ENFORCEABLE ON THE REMAINING TERMS.
All notices in connection with this Agreement shall be in writing and may be given by (i) certified or registered mail, overnight mail carrier or personally delivered, or (ii) email, if to Customer at the address provided at the time of the Order or if to RendHQ to Attention: President, 9141 Nostrand Ave., Las Vegas, NV 89148, email notices@rendhq.com. For purposes of this Agreement, a notice shall be deemed effective upon delivery.
Except for Customer's payment obligations under this Agreement, neither Party shall be deemed to have breached this Agreement by reason of any delay or failure in its performance arising from events beyond its reasonable control, including, but not limited to, acts of God, acts of war, riot, epidemic, fire, flood, terrorism or other disasters.
Customer shall not assign or transfer, or purport to assign or transfer, any of its rights or obligations under this Agreement without the prior written consent of RendHQ. RendHQ may freely assign its rights and obligations under this Agreement. Except as set forth in this Section, this Agreement shall be binding upon and shall inure to the benefit of the successors and permitted assigns of the respective Parties hereto.
In the event any provision of this Agreement is determined to be invalid or unenforceable, the remainder of this Agreement shall remain in force as if such provision were never a part of the Agreement. In the event any provision of this Agreement is determined to be invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
The relationship between the Parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither Party shall have authority to contract for or bind the other Party in any manner whatsoever.
This Agreement shall be governed and interpreted by the laws of the State of Nevada. Clark County, Nevada, shall be the appropriate venue and jurisdiction for the resolution of any disputes hereunder. Both parties hereby irrevocably consent to such personal and exclusive jurisdiction.
Except as provided in this Section 16, RendHQ and Customer agree that any dispute or controversy arising out of or under, or relating to or in connection with the interpretation, validity, construction, performance, breach or termination of this Agreement shall be settled by binding arbitration to be held in Clark County, Nevada, in accordance with the then-effective Commercial Arbitration Rules of the American Arbitration Association (the ""Rules""). The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than thirty (30) days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision of the arbitrator(s) shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitration decision in any court of competent jurisdiction. RendHQ and Customer hereby consent to the personal jurisdiction of the state and federal courts located in Clark County, Nevada, for any action or proceeding arising from or relating to this Agreement or relating to any arbitration in which the parties are participants. The agreement to arbitrate shall be specifically enforceable under the prevailing arbitration law. During any arbitration proceedings, the parties shall continue to perform their respective obligations under this Agreement. RendHQ and Customer shall each pay one-half of the costs and expenses of such arbitration, and each shall separately pay its counsel fees and expenses; provided, however, that the prevailing party in any such arbitration (or in any action at law or in equity brought to enforce or interpret the terms of this Agreement) shall be entitled to an award of reasonable attorneys' fees, costs and necessary disbursements in addition to any other relief to which it may be entitled.
The failure of either party to insist on strict performance of any covenant or obligation under this Agreement, regardless of the length of time for which such failure continues, shall not be deemed a waiver of such party's right to demand strict compliance in the future. No consent or waiver, express or implied, to or of any breach or default in the performance of any obligation under this Agreement shall constitute a consent or waiver to or of any other breach or default in the performance of the same or any other obligation.
Customer understands that RendHQ may be subject to regulation by agencies of the U.S. Government, including the U.S. Departments of Commerce and State, which prohibit export or diversion of certain technical products to certain countries. Customer warrants that it will comply with all applicable export regulations, will not export the Platform, Services, or Software, and will not allow for use of the Platform, Services, or Software in any country, territory or jurisdiction outside of the United States. Customer agrees to indemnify and hold RendHQ harmless from any loss, damages, liability or expenses incurred by RendHQ as a result of Customer's failure to comply with any export regulations or restrictions.
This Agreement, in addition to any terms agreed to by Customer at the time of the Order, sets forth the entire understanding between the parties with respect to the subject matter hereof, and merges and supersedes all prior agreements, discussions and understandings, express or implied, concerning such matters. This Agreement shall take precedence over any conflicting terms.
We may update this Agreement at any time by posting the updated agreement on the RendHQ Website ("www.rendhq.com"), by providing notice to you by any reasonable means, or by asking you to reconfirm your acceptance of this Agreement. Once you have accepted the updated Agreement, it will apply to your continued use of the RendHQ Website and the Services. If you do not agree to the updated Agreement, we may terminate your access to the RendHQ Website and the Services with 30 days' prior notice ("Notice Period") to you. The version of this Agreement last accepted will apply to your use of the RendHQ Website and Services during the Notice Period. The "Last Updated" legend below indicates the date on which this Agreement was last updated. We may, in our sole discretion, modify, change, or update features available on the RendHQ Website, the RendHQ Platform, or the Services, or any part of them, at any time, for any reason, with reasonable notice to you.
To access certain features of the RendHQ Website, the RendHQ Platform, or the Services, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all information you provide is correct, current and complete. You agree that all information you provide to register with the RendHQ Website, RendHQ Platform, and/or Services, or otherwise, is governed by our Privacy Policy, which is incorporated by reference herein in its entirety. If you choose, or you are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion.