1. Scope and provider
1.1 These terms apply to all purchases of Cloud Bakes credits and to the use of the Cloud Bakes service at account.cloth-next.de and through the Cloth neXt add-on.
1.2 The provider and your contract partner is Tim Christmann, trading as PolyWorks, Saareckstraße 67, 66693 Mettlach, Germany, email christmastim7@gmail.com ("PolyWorks", "we").
1.3 The Cloth neXt add-on itself is sold through the Superhive marketplace under Superhive's terms. These terms cover only Cloud Bakes. Credits are bought directly from PolyWorks.
1.4 Different or conflicting terms of the customer do not apply, even if we do not object to them.
2. Account and eligibility
2.1 Cloud Bakes requires a PolyWorks account. You must give true information and keep your login and add-on tokens secret. You are responsible for bakes started with your account unless you are not at fault.
2.2 Offers are directed at consumers and businesses. A consumer is anyone acting for purposes outside their trade or profession (Section 13 BGB). Rules that apply only to consumers are marked as such.
2.3 You must be at least 18 years old, or have the consent of a parent or guardian, to buy credits.
3. The service
3.1 Cloud Bakes runs cloth simulations from Cloth neXt on rented GPU servers and returns the results to your account. Bakes currently run with the GAIA engine, for dry scenes and Hydrodynamic Pressure scenes.
3.2 GPUs are rented from a third-party provider (RunPod, United States). We do not guarantee that a GPU is free at any given time. A bake waits in the queue for at most 30 minutes; if no GPU becomes free, it is cancelled without charge and can be retried.
3.3 We do not guarantee that a simulation succeeds or produces a particular result. The result depends on your scene, its settings and the solver. Results and uploaded inputs are stored for a limited time: results for 7 days after a bake finishes, inputs of a failed bake for 24 hours. Download them in time.
3.4 We may change the service, for example the GPUs offered or the supported scene types, if this is reasonable for you. Credits already bought keep their value.
4. Credits
4.1 Bakes are paid with credits. One credit equals one second on the standard GPU. Other GPUs use credits at a different rate, shown on the Cloud Bakes page before you bake; on the RTX A5000, one credit currently lasts 2.9 seconds.
4.2 One-time packages add credits once. They stay valid until the end of the third calendar year after the year of purchase.
4.3 Monthly subscriptions add credits after each successful monthly payment. Unused subscription credits carry over into the following billing month and expire at its end.
4.4 Credits used first are those that expire first. Credits have no cash value, cannot be paid out and cannot be transferred to another account. Statutory rights, including the right of withdrawal (section 8), remain unaffected.
5. Prices and payment
5.1 Prices are in euros and are final prices. As a small business under Section 19 UStG, PolyWorks does not charge VAT.
5.2 Payment is processed by Stripe Payments Europe, Ltd. Credits are added after the payment has succeeded.
5.3 A subscription renews every month until it is cancelled. You can cancel at any time in your account; the cancellation takes effect at the end of the current billing month, and no further payment is taken. Credits already granted keep their expiry dates.
5.4 We may change prices for future billing months of a subscription. We tell you at least 30 days before; you may cancel before the change takes effect.
6. How bakes are billed
6.1 When a bake starts on a GPU, we reserve credits up to its maximum duration, limited by your available credits. Reserved credits cannot be used for other bakes while it runs.
6.2 GPU runtime is measured per second from the start of the GPU server until the bake ends. Time spent waiting in the queue is never charged. Unused reserved credits are released when the bake ends.
6.3 What a bake costs depends on its type:
| Standard bake | Long bake | |
|---|---|---|
| Maximum duration | 1 hour | 2 to 24 hours, chosen by you |
| Result storage per bake | up to 4 GB | up to 40 GB |
| Bake succeeds | runtime is charged | runtime is charged |
| Bake fails, reaches its limit or is cancelled | free | runtime is charged |
| No GPU could be started | free | free |
6.4 Long bakes are optional. You enable them under Bake settings and choose the maximum duration. With long bakes enabled, you carry the risk of a failed run: the GPU time used is charged whatever the reason the bake ends, including failures on our side. You can switch long bakes off at any time; this applies to bakes started afterwards.
6.5 A bake stops at its maximum duration. Choose a duration that fits your scene.
7. Your content and acceptable use
7.1 You keep all rights to the scenes you upload and to the results. You grant us only the rights needed to store, transfer and simulate them for your bakes, including on the GPU provider's servers.
7.2 You may only upload content you are allowed to use. You may not use Cloud Bakes for unlawful content, to attack or overload our systems or the GPU provider, or for workloads other than Cloth neXt simulations.
7.3 If you breach section 7.2, we may stop running bakes and, after a warning unless the breach is serious, block the account. Credits already used are not refunded.
7.4 You can delete bakes and their stored data in your account at any time. Billing records are kept as required by law.
8. Right of withdrawal for consumers
Withdrawal information
Right of withdrawal. You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day the contract is concluded.
To exercise the right of withdrawal, you must inform us (Tim Christmann, PolyWorks, Saareckstraße 67, 66693 Mettlach, Germany, christmastim7@gmail.com) of your decision by a clear statement, for example an email. You may use the model withdrawal form below, but it is not obligatory. It is enough to send your notice before the withdrawal period has expired.
Effects of withdrawal. If you withdraw, we refund all payments received from you without undue delay and at the latest within 14 days from the day we receive your notice. We use the same means of payment you used, unless expressly agreed otherwise; you are not charged any fees for this refund.
Early expiry. The right of withdrawal expires early when we add the credits to your account, if you have expressly agreed before the purchase that we start before the withdrawal period ends, have confirmed that you know you lose your right of withdrawal as a result, and we have confirmed the contract to you, including this consent, on a durable medium. For subscriptions this applies to each monthly allowance once it has been added.
Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)
- To: Tim Christmann, PolyWorks, Saareckstraße 67, 66693 Mettlach, Germany, christmastim7@gmail.com
- I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the purchase of the following service: ____
- Ordered on (*): ____
- Name of consumer(s): ____
- Address of consumer(s): ____
- Signature of consumer(s) (only if this form is sent on paper): ____
- Date: ____
(*) Delete as appropriate.
End of withdrawal information
9. Warranty and liability
9.1 Statutory warranty rights apply. For digital products, the rules of Sections 327 et seq. BGB apply to consumers.
9.2 We are liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and where we have given a guarantee.
9.3 For slight negligence we are liable only for breach of an essential obligation, meaning one whose fulfilment makes the contract possible and on which you may regularly rely. In that case liability is limited to the damage typical and foreseeable for this kind of contract.
9.4 Keep your own copies of your scenes and results. For lost data we are liable only for the effort needed to restore it from such copies.
10. Term, changes and final provisions
10.1 You can end the use of Cloud Bakes at any time by cancelling any subscription and deleting your bakes or your account. Deleting the account forfeits unused credits; statutory claims remain unaffected. We may end the contract for good cause, for example a serious breach of section 7.
10.2 We may change these terms for the future if there is a valid reason, such as a change in law or in the service. We send you the changes at least 30 days before they take effect. If you object within that time, the old terms continue to apply and we may end a subscription at the end of its billing month. We point this out in the notice. Opting in to long bakes requires agreeing to the current long-bake terms again.
10.3 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only insofar as it does not remove the protection of the mandatory law of the country where they live.
10.4 We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.
10.5 If any provision is invalid, the rest of these terms remain valid.
10.6 The binding version of these terms is the English version.