Terms of Service

Thank you for choosing Moshie Studio! These terms of service (“terms”) apply to every service (“project”, “projects”) offered and sold in https://moshie.studio/ (“us”, “our”) to our clients (“you”, “your”) and constitute an agreement between both parties.

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

Disclaimer

  1. We reserve the right of acceptance regarding any project that goes against our internal guidelines, or if we feel that we can’t fulfill your expectations.
  2. Our Live2D models are fully compatible with VTube Studio. We do not offer support for any other software, such as: PrPr Lvie, Animaze, Live2DViewerEX, VUP, etc.
  3. The model files delivered by Moshie Studio to its clients are provided exclusively for usage in VTube Studio. However, we are not responsible for offering any kind of technical support or troubleshooting for bugs or malfunctions unrelated to our models.

Definitions

I. Contracting our services

Clients are able to request a new Live2D model within the last 2 weeks of every quarter, within limited, selected slots; nevertheless, additional services are offered on a daily basis, without being subject to quarterly slots; however, commission requests will be accepted in consideration to artistic availability within our team members. You do not have to commission a Live2D model inorder to commission emotes, backgrounds, alerts, etc.

Additional services that are requested when fulfilling our LIVE2D SLOT REQUEST FORM will acquire priority over waitlist slots for non-clients.

The forms on our website are powered by Google Forms. From these forms, you will be able to detail everything related to your project, as well as commissioning additional services (“extras”), including:

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

II. Slots

We distribute our slots in quarterly fashion, keeping a steady workflow and balancing the creative process with the different schedules for different members of our team. Once your project is accepted, our project manager will contact you to assign a slot (date) to your project.

Slots are assigned following company criteria, and are unaffected by chronological order in form submissions. Applications sent within the first day will receive the same priority as those sent in the last minute. The 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 circumstances.

Additionally, we have several waitlists at your disposal, one for every service we offer. Our waitlists are subject to the following conditions:

  1. Live2D waitlist: only available for existing clients. In other words, you can only request to be in this waitlist if you already own a Live2D model made by Moshie Studio
  2. Waitlists for additional services: these waitlists are open to the public (emotes, character reference sheets, alerts, backgrounds, etc.), you do NOT need a Live2D model made by Moshie Studio to request a slot in these waitlists

III. Payments

Every price displayed on our website is subject to change without warning.

Once you have contracted our services, you acquire the role of a commissioner. As a commissioner, you commit to pay the quoted price in full, with no chance of haggling, discounts, or any kind of payment plan not described in these terms. Likewise, every service we offer is subject to the following:

  1. Payment conditions:

    1.1 Clients who reside in the European Union (EU) will pay an additional 21% to the order total in concept of VAT, and they will have to pay via bank transfer; additionally, they have to provide their full personal details so we can prepare an invoice.

    1.2 Clients who reside anywhere else do not have any kind of tax obligation, and they will have to pay via Paypal, although they can pay via bank transfer if they want, assuming costs for currency exchange (if any)

  2. Payment methods:

    2.1 PayPal. Universal, safe and online payment method. Recommended for every client who lives outside of the EU.

    2.2. IBAN bank transfer. Required only for clients who reside in the EU.

  3. Payment plans. Only available for Live2D orders. Every service that is not Live2D related must be paid in full beforehand.

    3.1 Halves (50-50). You pay half of your order total in advance to confirm using the payment method of your choice. You have to pay the remaining half once the model artwork is finished and ready to animate.

    3.2 Full (100%). If you wish, you can pay the whole order total in advance and forget about any kind of debt.

    3.3 Thirds (30-30-40). You pay 30% of the order total to confirm your order, another 30% once you approve the sketch, and the remaining 40% once the artwork is finished and ready to animate.

    3.4 Fourths (30-30-20-20). This payment plant consists on dividing the order total in 4 parts as follows: 30% in order to confirm your order, 30% once you approve the sketch, 20% once the lineart with base colors is finished and approved, and the remaining 20% once the artwork is finished and ready to animate.

  4. Non-payment conditions: if you contract our services using either the Halves, Thirds or Fourths payment plans and incur in non-payment after receiving the final artwork preview (Article V, section 1.2), your project will be put on hold until you pay the remaining balance. If the active quarter ends without us receiving any news from you, we reserve the right to apply our cancellation policy (Article VII). You are not eligible for any kind of refund after this.

IV. Contact

Any and all communication related to your project will be done exclusively from our official social media channels:

We hereby ask you to refrain from contacting individual members of our team to inquire about your project. The objective our 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 the termination of our business relationship with you.

For clients who have not yet commissioned a Live2D model, it is possible to encounter our artists in social media, considering they have “@MoshieStudio” in their nickname. However, by commissioning outside of our official social media accounts, you assume all risk involved, leaving us free of any kind of responsibility.

V. Creative process

  1. Live2D models: once we begin working on your project, you will receive updates in your direct messages by our project manager, and we will always be open to respond to inquiries about your project, as well as other related business inquiries. The process involved in the creation of a Live2D model is described below:

    1.1 Sketch. We will attach an artwork preview featuring the sketch for your model. You can request all the necessary changes, clearly explained and within reason, until you are happy with the result. You will be able to commission more content for your model, previously agreed with our project manager. Once you approve the sketch, any addition, modification or revision will be subject to extra charges.

    1.2 Lineart and coloring. Once we receive your aproval for the sketch, 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 scheduling the model for rigging.

    1.3 Rigging. Once we receive your approval, the final artwork will move onto the next phase, in which it will be post-processed by our animators. After this process is done, the model will be rigorously tested in different testing environments to ensure the best results on streaming.

  2. Extras / additional services: If you requested to commission extras when you filled in our form, they will be worked at the same time your model is worked on. It is important to clarify that each additional service is done by different artists with different processes. Creative process involving extras is described below:

    2.1 Art (chibis, emotes and badges, character reference sheets, animated alerts and conventional artwork). As a general rule, and applied to every service on this subclause, we will ALWAYS require your approval to move onto the next phase, and if you were to request changes or modifications AFTER approving the received artwork, you accept and consent that your request will be subject to additional charges.

    • Emotes/badges: you are under the obligation to provide clear references when commissioning this service. If you want us to prepare your emotes as Discord stickers, you must request it in advance, since the art process is slightly different and it has an additional cost. We will present you with an art proposal following your references (might be in black and white or in color, and revisions are accepted); once approved, we will proceed and you will receive an artwork preview featuring the final artwork. You can request the artist of your choice beforehand; for animated emotes, we will always show you the static preview, and the emotes will only be animated after receiving your approval for all the emotes.
    • Animated alerts: we will attach an artwork preview featuring the sketch for your alerts. Once we receive your appproval, the artwork will be finished. Once you approve the final artwork, the alerts will be animated and you will receive one last artwork preview featuring the animated alerts, before receiving the actual files.
    • Character reference sheets: we will attach a colorless sketch; once approved, we will continue and you will be shown another artwork preview featuring the lineart with base colors. Once approved, the artwork and reference sheet layout will be finished.
    • Background artwork: we will attach an art proposal featuring the lineart for your background; once approved, we will finish it and you will be shown a final artwork preview featuring the finished background. If you commissioned an animated background, we will only animate after you approve the final artwork
    • Chibis and conventional artwork*: we will attach a sketch (it might be colored or colorless); once approved we will continue and you will be shown a lineart preview with base colors once it’s ready; once approved, the artwork will be finished and you will receive one last artwork preview for approval before you receive the actual file/s.

    2.2 Graphic design (overlays, stream screens, etc.): if you have a clear idea of what you want, you are under the obligation to provide clear, concise references, since we do not provide sketches or drafts and overlay design is done in full. We will prepare the design following your references as closely as possible, and once you receive the artwork preview, you will be able to request minor adjustments to make the design fit your needs. If you do not have a clear idea of what you want, our project manager will ask you if you want to give us creative freedom. If you consent to give us creative freedom, you will not have the right to request major revisions or changes.

    • Design proposal: we will show you our design proposal for the commissioned overlay/s, and you will be able to request minor revisions up to 3 times, and you should always give clear and specific instructions about what you want us to modify, in order to keep revisions to a minimum. Whether you give us clear references or not, major revisions that potentially require us to re-do the entire design will be subject to extra charges.
    • Final artwork: once you’ve approved the design proposal, we will export the finished files. If you requested animated overlays, they will only be animated after receiving your approval for the design proposal.

VI. Secret projects (NDA), and urgent projects (rush)

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 (NDA). If you want us to keep your project as top secret, restricting any stream or social media post/s featuring it until your debut, you must pay an additional 15% (10% for Twitch or YouTube partners). A non-disclosure agreement (NDA) will be provided to you; this document will include your personal details, as well as our company details.

  2. Urgent project (rush). If you are unhappy with the slot assignment date, or want us to work on your project in urgent fashion, you must pay an additional 40% (30% if you are a Twitch or YouTube Partner). Additionally, you must keep in mind that:

    2.1 Only 3 rush slots will be available per quarter, and they will be accepted in chronological order. 2.2 Rush requests will be rejected if they feature advanced rigging, such as: semi-profile head rigging, full profile rigging, or webcam hand tracking

The aforementioned conditions are independent and accumulative.

VII. Refund and cancellation policy**

  1. Refunds. Every service we offer is of digital nature. We do not ship packages or physical objects to our clients - based on this, none of the products on our website are refundable after receiving the sketch, and considering your commitment to pay for your order in full from the moment you contract our services.

  2. Cancellations. Sometimes and for several reasons, it is possible that a client wants to cancel their project and request a refund. Refunds from order cancelling are categorized following the conditions described below:

    2.1 Early cancellation. If you decide to cancel your project and we have not yet started working on it (cancellation request comes in before your assigned month), we will refund you in full; we reserve the right to terminate our business relationship with you afterwards.

    2.2 Inopportune cancellation. If you decide to cancel your project while the sketch is in progress, there is a chance for partial refund, but this will depend on the percentage of completion for your sketch, following these conditions:

    • Finished sketch. In this case, we will give you the sketch in full resolution. You will not be eligible for any kind of refund.
    • Half-done sketch. In this case, we will give you the incomplete sketch in full resolution, just like it was since the moment your cancellation request was effective; we will then reimburse 50% of your total payment, regardless of the payment plan you chose.
    • Freshly started sketch. In this case, we will give you the incomplete sketch, just like it was since the moment your cancellation request was effective; we will then reimburse 80% of your total payment, regardless of the payment plan you chose.

    2.3 Tardy cancellation. If you decide to cancel your project in the middle of the creative process (e.g. artwork finished and ready to be animated), we will offer you the chance to put it on hold. If you insist on cancelling, it will be considered as a violation to these terms. You will not be eligible for any kind of refund, you will not receive any kind of file and we will then terminate our business relationship with you.

  3. Business relationship termination. If we apply this procedure, we reserve the right to block any and all communications with you in social media, as well as disregarding any business inquiry about your project, either done by you or third parties.

VIII. File delivery

  1. Expiration. Generally, we deliver files as a WeTransfer download link, which expire 7 days after being posted. Considering this, you assume the responsibility of downloading your files before the deadline.
  2. File formats. This depends on the type of commissioned work:
    • Live2D models: We will deliver the necessary files in order to use your model in VTube Studio. Optionally, you can request a low-resolution version of your model so you can import it to your smartphone, since models in full resolution are too big and known to crash the mobile app.
    • Emotes/badges: emotes and badges will be delivered in PNG format, organized in folders and pre-cropped in the following sizes: 112x112px, 56x56px, and 28x28px. If you commissioned Discord stickers, they will be exported in a separate folder in PNG format and pre-cropped at 320x320px. For animated emotes, they will be exported in GIF format, and alongside their static counterparts.
    • Animated alerts: they will be delivered in MOV or WEBM format, with transparency and ready to be imported to OBS/SLOBS.
    • Background artwork: static backgrounds will be delivered in JPG format at 1920x1080px; animated backgrounds will be delivered in MP4 format in FullHD (1080p) resolution. If you request an animated background, you will receive the static one as well.
    • Chibis and conventional artwork: files will be delivered in the same size/resolution conceived by the artist, in JPG or PNG format, depending on the type of artwork
    • Character reference sheets: you will receive the full character reference sheet, and it will be in either JPG or PNG. Additionally, you will receive PNG files for the front/back views, as well as emotions (if your sheet includes them).
    • Graphic design: files will be delivered in their original size/resolution; for static overlays, you will receive them in PNG format, and for animated overlays, you will receive them in WEBM format with transparency, ready to be used in OBS/SLOBS
  3. Editable files: you will not receive the editable files for any kind of commission under any circumstance. For Live2D models, if you require the artwork file in PSD format, or the rigging file in CMO3 format, please read Article IX (Licenses and Intellectual Property), section 1.4 (conveyance of editable files) for further information.

IX. Licenses and Intellectual Property

From the moment you contract our services, we assume that you will use them for commercial gain in digital media; therefore, every file that we deliver to you includes a limited commercial license. Clients who wish to obtain increased privileges over the files we deliver can request a Character Design License, or a Full License. Details for each license are described below:

  1. Available licenses for Live2D models.

    1.1 Standard license. Included by default on every model at NO ADDITIONAL COST. It allows:

    • Usage. You may use the model and/or additional files for commercial gain, but only on streaming platforms, such as Twitch, YouTube, Facebook Gaming, among others. You may tweak the model textures to change the colors, as long as it is done by you. Facilitating our model textures to third parties, or paying anybody to perform these modifications is strictly forbidden.
    • Image rights. We consider NEW character designs conceived by us as our intellectual property. Nonetheless, you may use the character design to commission artwork to artists outside of our company, as long as it is not another Live2D model. If you wish to commission a Live2D to an artist outside of our company using our character design, you must purchase a Character Design License. If you were to commission a 3D model and want the artist to use our textures, you must contact us so we can take care of file exchange with the 3D artist. You are not allowed to facilitate our texture files to third parties.
    • Non-transferrable. You are not allowed to sell the model files to any person, organisation or company. You are not allowed to use or facilitate the model to be used in any kind of software unrelated to streaming, including desktop software, smartphone apps or video-games.
    • Printing. You may exploit the model artwork in printable media, such as: stickers, keychains, flyers, clothing, etc.; and you must credit Moshie Studio in the product page/s, if we were responsible for creating your character design.

1.2 Character design license. You are only eligible to purchase this license if we were responsible for creating a NEW character design for your Live2D model. You will have to pay an additional cost, calculated based on everything you’ve paid, not based only on your first order. If the total cost is under 2,000 euro, cost for this license will be an additional 50%; if the total cost is over 2,000 euro, cost for this license will be an additional 75%. This license allows:

1.3 Full license. You will have to pay an additional cost, calculated based on everything you’ve paid, not based on your first order. If the total cost is under 2,000 euro, the price for this license will be an additional 100%; if the total cost is over 2,000 euro, the price for this license will be an additional 150%. It allows:

1.4 Conveyance of editable files: it is possible for you to acquire the editable files for your model, under the following guidelines:

  1. Available licenses for additional services: considering that additional services are worked on by different artists, these files are subject to a limited commercial license, bound to the following conditions:

    2.1 Standard license. Included by default on every additional service (emotes, badges, alerts, backgrounds, character reference sheets). It allows:

    • Usage. You are allowed to exploit the files we provide to you for economic gain in DIGITAL media, such as: streaming websites, social media, forums, etc.
    • Non-transferrable. You are not allowed to sell the files we provide to you to any person, company or organization. Regarding character reference sheets, if we were responsible for creating a NEW character design fro you, you are not allowed to profit off it (e.g. put it up for sale as an adoptable).
    • Printing. You are not allowed to exploit the files we provide to you on printing media, whether it’s for personal or commercial use.

    2.2 Printing license. If you wish to exploit the files we provide to you in printing media (including: emotes, badges, alerts, background artwork, character reference sheets), you must contact us to acquire the following rights over the provided files:

    • Usage. Same conditions as the standard license.
    • Non-transferrable. Same conditions as the standard license.
    • Printing. You will be allowed to exploit the files we provide to you in printing media, for both personal and commercial use. Upon acquiring a printing license, you will receive the purchased files in high resolution.

  2. Grounds for intellectual property. Every model we deliver is registered in a copyright database, in order to protect you from art theft, plagiarizers, and scammers. The spectrum of intellectual property will depend on our involvement in the creation of your character design, and it only applies to Live2D models.

    3.1 New character designs. We will remain as the sole copyright holder.

    • Bases. We consider a character design to be new if it meets any or all of the following requirements upon filling in the Live2D commission form:
      • No character reference sheet is available
      • No clear digital concept is available
      • The reference to create your character is a sketch on paper
      • There is a digital concept, but you request enough aesthetic adjustments that the final result is completely different from the original reference
    • Permissions. By default, new character designs are subject to the terms and conditions described in our standard license (1.1 in this article)
    • Copyright violation. If you were to be a victim of copyright abuse (e.g. somebody plagiarizes your character design or uses it maliciously), you have the right to contact and demand us to take action. We reserve the right to use the full extent of the law against the infractor/s, no matter the platform.

    3.2 Existing character designs. We will remain as the sole copyright holders over the model artwork and files, but NOT over the character design.

    • Bases. A character design is considered to be existing if it meets any or all of the following requirements upon filling in the Live2D commission form:
      • It has an existing reference sheet NOT conceived by us
      • You provide a clear, referable digital concept (commissioned artwork)
      • You request us to follow the aesthetic guidelines of your character as closely as possible without straying too far from its original look
    • Permissions. Even if we were not responsible for creating your character design, the model files are subject to the terms described in our Standard License.
    • Copyright violation. If you were to be a victim of copyright abuse (e.g. somebody plagiarizes your character design or uses it maliciously), Moshie Studio renounces to any and all responsibility to take action, based on the fact that the character design does not belong to us.

X. Restrictions

There are general restrictions that affect the general spectrum of our company and services we provide, as well as monetary transactions conducted from our official social media channels, that are independent of any license described in these terms:

  1. NFTs. Marketing and distribution of our models and/or provided files as NFT (non-fungible token).
  2. Artificial Intelligence (AI). Facilitating or uploading the models and/or files we provide to AI platforms is strictly forbidden and not allowed under any circumstance.
  3. Rigger selection. We assign and schedule the rigger for each model internally and following diverse criteria. For this reason, you may not request a specific rigger. Client inquiries requesting a specific rigger will be rejected.

We reserve the right to use the image of any model we’ve worked on for marketing purposes.

The aforementioned terms and conditions were designed to prevent abuse, as well as potential copyright violations. Every clause described in this document has legal validity and will be used to appeal any kind of dispute, towards any person or company.