Terms of Service

Quick Summary

You commit to pay in full for the commissioned services Any inquiry in regards to your project will be done exclusively addressed to our official social media accounts, not to individual team members New clients: you will only be able to commission our services from the forms linked in our website The assigned slot date indicates when we will begin working on your project, not when it will be finished Existing clients: if you wish to upgrade/add content to your model, you can contact us directly so we can add you to our waitlist We will offer technical support, but only in the unlikely case that you find bugs/errors in the provided files You can make money off your model, but only on streaming platforms (Twitch, YouTube, etc.) - if you print it and we're responsible for the character design, you must credit us
If you want your project to be done in SECRET, you must pay an additional 15% (10% if you're a Twitch or YouTube Partner) If you want your project to be done URGENTLY, you must pay an additional 30% (20% if you're a Twitch or YouTube Partner) European Union clients must pay an additional 21% in concept of VAT. An invoice will be made USA & rest of the world clients must pay an additional 5% in concept of PayPal fees If your want your project to be used in apps/videogames, you must pay an additional 200%, in concept of full commercial license
Filling in the form does not guarantee a slot No revisions will be accepted once you've approved the sketch Once you receive the first sketch proposal, you lose the right to request a refund We do NOT support PrPrLive, Animaze, Live2DViewerEX or anything besides VTube Studio and Facerig

Thank you for choosing Moshie Studio! These terms of service ("terms") apply to all the services offfered ("projects") and sold by https://moshie.studio/ ("us", "our") to its clients ("you", "your") and constitute an agreement between both parties.

PLEASE READ CAREFULLY BEFORE PROCEEDING WITH ANY PAYMENT OR TRANSACTION. BY ACCEPTING THESE TERMS, YOU EXPRESSLY DECLARE THAT YOU UNDERSTAND EVERY SECTION AND CLAUSE DESCRIBED IN THIS DOCUMENT, AS WELL AS YOUR CONSENT TO EVERY CONDITION DESCRIBED IN IT.

Disclaimer

Definitions

I. Contracting our services

The services offered by Moshie Studio can be requested within the established time periods, and only if the forms linked in our website are open and publicly available.

We will open reservations within the last 2 weeks of every quarter (last fortnights of march, june, september and december, respectively). Our reservations will remain open, as long as we're available, and will be closed if our quarterly quota is met.. Nevertheless, we will always keep a limited number of slots reserved for existing clients, in case that they wish to upgrade/improve their model (upgrade from half body to full body, new outfit, adding facial expressions, etc.). Existing clients are entitled to contact us directly. This way, we can add them to our waitlist, even if we are closed for the quarter.

The forms linked in our website are powered by Google Forms. From them, you will be able to disclose all the necessary details in regards to your project, and you will also have the possibility to add extra features ("extras") to your project, including:

The amount of extras included in your order may vary according to the package that you choose. These packs are listed and detailed in our forms.

Project acceptance will be confirmed by our project manager, contacting the interested party directly to the Twitter/Discord profile they provide when they fill in the slot request form. Filling in the form does NOT guarantee that your project will be accepted

II. Slots

We distribute our slots quarterly, keeping a constant workflow and balacing our creative process with the several different assigned schedules of our staff members. Once your project is accepted, our project manager will contact you to assign a slot (date).

Slots are assigned following company criteria, and is unaffected by request dates. We will give the same priority to forms submitted on the first day, and forms submitted on the last day. The slot date assigned to your project corresponds to its initialization, not to its full realization, since every project is unique and any work can be affected by a myriad of variable circumstances.

III. Payments and taxes

Upon contracting our services, you commit to pay the given price in full, with no chance of haggling or any kind of payment plan that differs to the ones described in these terms. Likewise, all the services offered by Moshie Studio are subject to the following

  1. Taxes
  2. 1.1 Clients who live in the United States of America and rest of the world will pay the prices displayed on our website, as well as an additional 5% to the total amount, in concept of Paypal fees.

    1.2 Clients who live in the European Union will pay the prices displayed on our website, as well as an additional 21% to the total amount in concept of VAT. Additionally, EU clients are encouraged to provide the following personal details to our project manager so we can provide them with an invoice:

    Every personal detail provided to us will be protected by the General Data Protection Regulation (GDPR), regardless of your country of residence. For further information, read our privacy policy.

    Moshie Studio expressly states that every additional payment we perceive in concept of VAT will be declared to the Spanish Tax Agency at the end of every fiscal quarter.

  3. Payment methods
  4. 2.1 PayPal. Universal, safe and online payment method. Recommended to every client who lives outside of the European Union.

    2.2 IBAN money transfer. Required payment method for EU clients.

  5. Payment plans
  6. 3.1 Halves (50-50). We calculate 50% of the total balance, and you pay that in advance using the payment method of your preference. You must pay the remaining half once that you receive the final artwork preview before it's animated.

    3.2 Full (100). If you wish, you can pay in full, so you can forget about any pending debt in the future.

    3.3 Thirds (30-30-40). You pay 30% of the total amount to confirm your order, 30% once the sketch is approved, and the remaining 40% once the artwork is finished, approved and ready to be animated.

  7. Non-payment. If you contract our services using either the Halves or Thirds payment plan and incur in non-payment after receiving the final artwork (Art. V, section 1.2), your project will be put on hold until you pay the remaining balance. If the active quarter ends and we haven't gotten any news from you, we reserve the right to apply our cancellation policy (Art. VII). You are not eligible for any kind of refund after this.

IV. Contact

All the communication in regards to your project will be done exclusively from our official social media accounts:

We hereby ask you to refrain from contacting individual staff members to inquire about your project. The objective of our company is to centralize client communications in one place, freeing our team members from the responsibilities of dealing with Private Message inquiries.

Contacting individual staff members for business inquiries or questions about your project will be considered a violation to our terms, and it might result in the cancellation of your slot, as well as business relationship exctintion between Moshie Studio and you.

V. Creative process

  1. Live2D models. Once we start working on your project, you will receive updates from our project manager, and we will always be available to answer questions related to your project, as well as additional business inquiries. The creative process involved in the creation of a Live2D model is described below:
  2. 1.1 Sketch. We will send you a sketch preview. You will be able to request a revision, within reasonable limits and explaining your requests as clearly as possible, until you're happy with the result. Within this phase, you will be able to add extras to your project, previously agreed with our project manager. Once that you approve the sketch, no further additions, modifications or revisions will be accepted.

    1.2 Lineart and coloring. Once the sketch is approved, we will proceed to the next phase. The meticulousness, care and perfectionism we put onto each model guarantees a high quality outcome, but it also takes time, so we beg you to be patient. Once the final artwork is done, we will send you a preview so you can confirm everything is to your liking before your model is animated.

    1.3 Animation. Upon receiving your approval, we will move towards the next phase, and the final artwork will be in the hands of our animators; it will then be thoroughly and rigorously tested to ensure the best results on streaming.

  3. Extras. If you added a package of additional services ("extras") to your order when you filled in the form, both your model and your extras will be worked on simultaneously. The creative process involved in creating extras is described below:
  4. 2.1 Art (chibis, emotes and badges, general artwork, character reference sheets)

    2.1.1 Sketch. We will show you a sketch, and you will be able to request up to 3 free revisions, always giving clear, specific instructions about what you want to modify, in order to require as little revisions as possible

    2.1.2 Final artwork. Once you've approved the sketch, the sketch will be then worked on to craft the final result

    2.2 Multimedia (video editing, music composition, graphic design)

    2.2.1 Draft. Our project manager will gather all the details from you, in order to make sure that we have everything we need to work on your request(s). Once it's ready, you will receive a preview, for which we will require your confirmation in order to proceed. You can request up to 2 major revisions.

    2.2.2 Final work. Once you've declared conformity with our draft, the multimedia file(s) will be finished and prepared for you to use on stream.

VI. Secret and/or urgent projects

During the creative process, there is a high chance that our team members will independently stream/post updates about their progress in streaming/social media platforms. Additionally, our project manager will frequently upload showcase videos of models we work on.

While this may be seen as free advertising, it might also be a conflict of interest, in case that you wish to maintain your project in secret for a big reveal or debut. Taking this into account, we offer the following conditions:

  1. Secret project. If you want us to maintain your project in secret and restrict any kind of stream/social media advertising it until your debut, you must pay an additional 5% (10% for Twitch and YouTube partners)
  2. Urgent project. If you wish your project to be done in urgent fashion, you must pay an additional 30% (20% if you are a Twitch or YouTube Partner)

The aforementioned conditions are independent and accumulative.

VII. Refund and cancellation policy

  1. Refunds. Every service offered by Moshie Studio are of digital nature. We don't ship any parcels or send physical objects to our clients - based on this, none of the products available in our website are refundable after the first sketch delivery.
  2. Cancellations. In some cases and due to several reasons, it's possible that a client may want to cancel their project and request a refund. Refunds due to cancellation are bound to the following conditions:
  3. 2.1 Early cancellation. If you decide to cancel your project and we haven't started working on it yet, you are entitled to a full refund.

    2.2 Untimely cancellation. If you decide to cancel your project while the sketch is in process, you may be entitled to a partial refund, subject to the following conditions:

    2.2.1 Complete sketch without base colors. In this case, you will receive the sketch in high resolution and will not be entitled to any kind of refund.

    2.2.2 Half-done sketch. In this case, you will receive the incomplete sketch, just like it was in the moment your cancellation was effective. You will then get a 50% refund for your first payment, regardless of the payment plan you chose.

    2.2.3 Freshly started sketch. In this case, you will receive the incomplete sketch, just like it was in the moment your cancellation was effective. You will then get an 90% refund for your first payment, regardless of the payment plan you chose.

    2.3 Tardy cancellation. If you decide to cancel your project mid-process (e.g. final artwork is ready to animate), you will be offered to put your project on hold. If you insist on cancelling, it will be considered as a severe violation to our terms. You will not be entitled to any kind of refund, you will not get any kind of file or artwork, and we will proceed to terminate our business relationship with you.

  4. Business relationship termination. If we recur to this procedure, Moshie Studio reserves the right to block all communications with you in our social media accounts, as well as discarding any future business inquiry/form submission, whether from you or a third-party representing you.

VIII. File delivery

Once the creative process is over, we will proceed to deliver your files to you. Depending on your preferred via of contact, you can receive a Discord attachment (always sent privately), or a WeTransfer download link, from which you will be able to download the purchased digital goods.

Moshie Studio reserves the right to edit, move or delete the download link to your file. If you ever need to re-download the files and need access to the download link again, you are hereby entitled to request it.

IX. Licenses and Copyright

From the beginning, it is assumed that you will use our products for commercial purposes. Therefore, every file that Moshie Studio provides to you is subject to a limited commercial license. Clients who wish to acquire more privileges over new character designs or the provided files may purchase a Character Design License or a Full License. The details for both are described below:

  1. Standard license. Included by default in all our products at NO EXTRA COST. It allows:
  2. 1.1 Usage. You have the right to use the model files we provide to you for commercial gain, but only within streaming-focused platforms, such as: Twitch, YouTube, Facebook Gaming, among others.

    1.2 Image rights. We consider NEW character designs conceived by us as our intellectual property. However, you are allowed to use the image and likeness of a new character design to commission artwork to artists outside of our company, as long as it is not a Live2D model. If you wish to commission someone else to create a new Live2D model using our character design, you must purchase a character design license.

    1.3 Non-transferrable. You do not have the right to sell the files we provide to you to any individual or company.

    1.4 Software. You do not have the right to use, or facilitate usage to the files we provide to you in any kind of software NOT related to streaming, including desktop software, smartphone apps or videogames.

    1.5 Printing. You have the right to comercially exploit the files we provide to you in printed media, such as: stickers, charms, keychains, flyers, clothing, etc.; with the only condition that you must credit Moshie Studio, if we were responsible of the initial creation of your character design

  3. Character design license. Only applies to NEW character designs for Live2D models conceived BY Moshie Studio. You must pay an additional 50% to the total balance of your order. It allows:
  4. 2.1 Usage. You will have the right to use the files we provide to you for commercial gain, but only within streaming-focused platforms, such as: Twitch, YouTube, Facebook Gaming, etc.

    2.2 Image rights. You will have the right to use the image and likeness of your model in any way you see fit.

    2.3 Software. Although you will acquire image rights over the character design, you will not have the right to use, or facilitate usage to the model files we provide to you in any kind of software NOT related to streaming, such as dekstop software, smartphone apps and/or videogames.

    2.4 Printing. You will have the right to comercially exploit the files we provide to you in printed media, such as: stickers, charms, keychains, flyers, clothing, etc., without having to credit Moshie Studio, even if we were responsible of the initial creation of your character design.

  5. Full license. You must pay an additional 150% to the total balance of your order. It allows:
  6. 3.1 Usage. You will have the right to use the files we provide to you for commercial gain in any way you see fit.

    3.2 Transferrable. You will have the right to sell the model or allow its usage to another person or company

    3.3 Software. You will have the right to exploit your model in any kind of software, including desktop software, smartphone apps and/or videogames

    3.4 Printing. You will have the right to comercially exploit the files we provide to you in printed media, such as: stickers, charms, keychains, flyers, clothing, etc., without having to credit Moshie Studio, even if we were responsible of the initial creation of your character design.

    3.5 Copyright transfer. We will transfer any copyright ownership to you.

  7. Copyright grounds. Every model we deliver will be registered in a copyright database, in order to protect you from plagiarism, and to protect our intellectual property against malicious usage (e.g. scammers, art theft). The spectrum of ownership may vary depending on our involvement in regards to the character design, and only applies to Live2D models.
  8. 4.1 New character designs. We will remain as the sole copyright holder.

    4.1.1 Grounds. A character design is considered new if any of the following requirements are met at the moment of filling in our form:

    4.1.2 Allowance. By default, new character designs are bound to our Standard License.

    4.2.2 Copyright violation. Were you victim of copyright abuse (e.g. someone plagiarizes your character design and/or uses it for malicious purposes), you are hereby entitled to contact us to take action. We reserve the right to file a DMCA/Copyright Takedown notice against the offender, no matter the platform.

    4.2 Existing character designs. For existing character concepts, we will remain as the copyright holders over the artwork and model files, but NOT the image and likeness of the character.

    4.2.1 Grounds. We consider a character design exists under any of the following circumstances:

    4.2.2 Allowance. Even if we were not responsible of creating the original character concept, the model files are bound to our Standard License.

    4.2.3 Copyright violation. Were you victim of copyright abuse (e.g. someone else plagiarizes your character design), we renounce any and all responsibility over existing character designs being used for malicious purposes or art theft.

We reserve the right to use the image of any of our models for advertising purposes.

The aforementioned conditions were designed to prevent abuse, as well as any possible copyright violations. All the conditions described in this document have legal validity and will be used to appeal any dispute.

X. Modification to our terms

Moshie Studio reserves the right to modify these terms at any time and with no previous warning, committing to notify our users about any modification in our website.