Terms of Service

Last updated: September 15, 2025

1. Acceptance of Terms

By downloading, installing, or using Volume Shader BM software ("the Software"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Software. These Terms apply to all users of Volume Shader BM, including individual users, businesses, and organizations.

2. Description of Service

Volume Shader BM is a specialized GPU benchmarking software designed to test and measure volume shader performance on graphics hardware. The Software provides:

  • GPU performance testing and benchmarking capabilities
  • Volume shader workload evaluation and analysis
  • Performance monitoring and reporting tools
  • Hardware comparison and database services
  • Online features including result sharing and comparison

3. License Grant

3.1 Personal Use License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use Volume Shader BM for personal, non-commercial purposes. This license includes:

  • Installing and running the Software on your personal devices
  • Using benchmarking features for personal hardware evaluation
  • Accessing online comparison and database features
  • Sharing benchmark results through provided sharing mechanisms

3.2 Commercial Use

Commercial use of Volume Shader BM requires a separate commercial license. Commercial use includes but is not limited to:

  • Use by businesses for professional GPU testing
  • Integration into commercial products or services
  • Use for profit-generating activities
  • Use by hardware manufacturers for product validation
  • Use by review publications for professional analysis

4. User Obligations

4.1 Acceptable Use

You agree to use Volume Shader BM only for lawful purposes and in accordance with these Terms. You will not:

  • Modify, adapt, alter, translate, or create derivative works of the Software
  • Reverse engineer, disassemble, decompile, or otherwise attempt to derive source code
  • Remove, alter, or obscure any proprietary notices or labels on the Software
  • Use the Software to damage, disable, overburden, or impair our servers or networks
  • Attempt to gain unauthorized access to any part of the Software or related systems

4.2 Hardware Safety

Volume Shader BM performs intensive GPU testing that may stress your hardware. You acknowledge that:

  • GPU benchmarking can generate significant heat and power consumption
  • You are responsible for ensuring adequate cooling and power supply
  • You assume all risks associated with hardware stress testing
  • We recommend monitoring temperatures and stopping tests if overheating occurs
  • Hardware damage resulting from improper use is not covered by these Terms

5. Account Registration and Security

5.1 Account Creation

Some features of Volume Shader BM require account registration. When creating an account:

  • You must provide accurate and complete information
  • You are responsible for maintaining the confidentiality of your login credentials
  • You must notify us immediately of any unauthorized use of your account
  • You are responsible for all activities that occur under your account

5.2 Account Termination

You may terminate your account at any time by following the account deletion process in the Software. We may suspend or terminate your account if you violate these Terms or engage in prohibited activities.

6. Intellectual Property Rights

6.1 Our Rights

Volume Shader BM and all related materials are protected by intellectual property laws. We retain all rights, title, and interest in:

  • The Software and all its components
  • Benchmarking algorithms and methodologies
  • User interface designs and graphics
  • Documentation and help materials
  • Trademarks, logos, and brand names

6.2 User Content

By using Volume Shader BM, you may generate benchmark results and other content. You retain ownership of your benchmark data, but grant us a license to:

  • Use anonymized benchmark data for database and comparison services
  • Aggregate performance statistics for research and development
  • Display your results in comparison tools and leaderboards (if you choose to share)

7. Privacy and Data Collection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using Volume Shader BM, you consent to our privacy practices as described in the Privacy Policy.

8. Disclaimers and Limitations

8.1 Software Warranty Disclaimer

VOLUME SHADER BM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

8.2 Hardware Disclaimer

We make no representations or warranties regarding the compatibility of Volume Shader BM with your hardware. GPU benchmarking is inherently demanding and may reveal hardware limitations, instabilities, or defects. We are not responsible for:

  • Hardware damage resulting from benchmarking activities
  • System instability or crashes during testing
  • Data loss resulting from system failures
  • Incompatibility with specific hardware configurations

8.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VOLUME SHADER BM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SOFTWARE.

9. Updates and Modifications

9.1 Software Updates

We may provide updates, patches, and new versions of Volume Shader BM. You agree that:

  • Updates may modify or remove existing features
  • Continued use of the Software constitutes acceptance of updates
  • Some updates may be required for continued operation
  • We have no obligation to provide updates or maintain backward compatibility

9.2 Terms Modifications

We reserve the right to modify these Terms at any time. We will notify users of material changes through:

  • In-app notifications
  • Email notifications to registered users
  • Website announcements
  • Updates to the "Last updated" date in these Terms

10. Termination

10.1 Termination by You

You may terminate your use of Volume Shader BM at any time by uninstalling the Software and deleting your account (if applicable).

10.2 Termination by Us

We may terminate or suspend your access to Volume Shader BM immediately, without prior notice, if you:

  • Violate these Terms of Service
  • Engage in fraudulent or illegal activities
  • Attempt to circumvent security measures
  • Use the Software in ways that harm our services or other users

10.3 Effect of Termination

Upon termination:

  • Your license to use Volume Shader BM immediately ends
  • You must stop using the Software and delete all copies
  • We may delete your account and associated data
  • Provisions regarding intellectual property, disclaimers, and limitations survive

11. Third-Party Services

Volume Shader BM may integrate with or provide access to third-party services, websites, or applications. We are not responsible for:

  • The availability or content of third-party services
  • Third-party privacy practices or terms of service
  • Any damages resulting from third-party services
  • Changes or discontinuation of third-party integrations

12. Export Compliance

Volume Shader BM may be subject to export control laws and regulations. You agree to comply with all applicable export laws and regulations and will not export, re-export, or transfer the Software to prohibited countries or entities.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any disputes arising from these Terms or your use of Volume Shader BM will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration will be conducted in San Francisco, California, and the arbitrator's decision will be final and binding.

13.3 Class Action Waiver

You agree that any arbitration or legal proceeding will be limited to the dispute between you and us individually. You waive any right to participate in class action lawsuits or class-wide arbitrations.

14. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be replaced with a valid provision that most closely reflects the original intent.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Volume Shader BM regarding your use of the Software and supersede all prior or contemporaneous agreements, representations, or understandings.

16. Additional Terms for Specific Regions

16.1 European Union

If you are located in the European Union, additional consumer protection rights may apply that cannot be waived by these Terms.

16.2 Australia

If you are located in Australia, these Terms do not limit any consumer rights under the Australian Consumer Law that cannot be excluded.

17. Effective Date

These Terms of Service are effective as of August 15, 2025, and apply to all users of Volume Shader BM from that date forward.