Terms of Service for Live2D Animation Commission Services

Terms of Service:

1. Definition:
   I, shiranui_bzw – 不知火[我], or Shira, or ShiraLive2D (referred to as the “Live2D animator”), am the individual receiving payment for commissioned services. The client is the individual paying or commissioning the Live2D animator for services.
2. Services:
   The Live2D animator works on existing artworks (PSD files) to create VTuber models, game models, animations, emotes, idle animations, and other forms of animations. The Live2D animator does not provide services for illustrating new artworks or drawings.
3. Communications:
   All commission-related communications must be conducted through email, Discord DM, or Twitter DM. Please avoid sending commission-related messages through multiple platforms.
4. References/Artworks:
   The client is responsible for providing clear and accurate images, artwork, drawings, illustrations, and other references.
5. Freedom to Creativity:
   In the absence of sufficient references from the client, the Live2D animator will use their judgment and creativity to animate.
6. Right to Refuse:
   The Live2D animator reserves the right to refuse, cancel, and refund an order at any time.
7. Changes in Price:
   Prices are subject to change. The latest prices on the pricing page apply, unless an agreement or booking occurred before the changes, or the deposit (first payment) has been made.
8. Payment:
   The accepted currency for payment is the United States Dollar (USD). If the client prefers an alternative currency, it will be accepted at the equivalent value based on the exchange rate to USD (Google’s mid-market rate) at the time of payment.
   
   For instance, if the agreed commission price is 1000 USD, with a payment plan of 500 USD before and 500 USD after commission, and the client wishes to pay in Euro. If the mid-market rate is 500 USD = 500 EUR before commission, they would pay 500 EUR before commission; If the mid-market rate is 500 USD = 550 EUR after commission, they would pay 550 EUR after commission. The amount is based on the mid-market rates at the respective times of payment.
9. Payment Method:
   The preferred payment methods are Wise and Payoneer. Paypal is not recommended, but alternative methods suggested by the client can be considered.
10. Payment Plan:
    The payment plan is negotiable. As a general rule, the Live2D animator will not commence the project until the full payment is received for commissions below 400 USD.
11. Booking or Confirmation:
    The commission is not confirmed until a booking or deposit (first payment) is made. The booking fee is 20% of the total commission price or an agreed-upon amount after negotiation. If the commission is not confirmed, the client must pay the latest pricing even if it increases. The unconfirmed client will not be included in the waitlist, prioritizing those with confirmed commissions.
12. Refund Policy:
    No refunds are provided unless the Live2D animator initiates the cancellation. If the Live2D animator cancels, the refund amount is based on the progress made on the unfinished work and the amount paid by the client.
    
    For example, if the client paid 50% and the progress is 30% upon cancellation initiated by the animator, the client receives a 20% refund. If the client initiates the cancellation, no refund is issued. In the case of a 20% paid and 50% progress, the client must pay the remaining 30% upon cancellation initiated by the client. If the animator initiates the cancellation, the animator is not entitled to payment for the difference.
13. Revisions:
    The Live2D animator will provide periodic updates and request revisions, with a limit of 3 revisions for the same aspects/parts (e.g., hair physics, arm movements). After the model/animation is completed, any additional revisions will be subject to a separate agreement with the Live2D animator.
14. Change Requests:
    Minor change requests are allowed during the rigging process. Major changes will incur additional charges and will be discussed separately.
15. Reproduction/Redistribution/Resale:
    The client must not reproduce or redistribute commissioned work for commercial purposes. Resale of commissioned work is prohibited. Non-commercial use is allowed. For commercial use, please negotiate terms with the Live2D animator. including promotional use on social media and streaming platforms. These definitions are not exhaustive, and some may not be included. Please contact the Live2D animator for further clarification:
    
    Non-commercial use: This includes promotional use on social media and streaming platforms. For individual/independent streamers without a large following, the Live2D animator’s discretion determines if the client falls into this category.
    
    Commercial use: This applies to individual/independent streamers with a substantial following, as well as commissioned works used by a company/organization. It also covers digital and physical merchandise featuring the commissioned works.
16. Right to Use:
    The Live2D animator reserves the right to publicly display commissioned work for portfolio purposes and other non-commercial purposes.
17. Social Media and Platforms:
    The client is responsible for ensuring that animations comply with the terms of service of social media or platforms (e.g., Twitch). The Live2D animator is not liable for emotes rejected by Twitch or any other commissioned work rejected by other services or organizations.
18. Rush Orders:
    Availability for rush orders can be discussed with the Live2D animator, with additional charges applicable.
19. Legal Age:
    The client or commissioner must be of legal age to avoid complications.
20. Right to Exit:
    Both the client and the Live2D animator reserve the right to exit the project at any time. Unfinished products can be used as agreed upon. All financial matters, such as payment or refund, must be addressed before project termination.
21. Chargebacks:
    The client agrees not to issue a chargeback under any circumstances for the commission. If a refund is agreed upon, the Live2D animator will initiate the process.
22. Edits:
    Models/Rigs/Animations are not permitted to be edited, modified, or updated by other modelers. If the client wishes to do so, please discuss with the Live2D animator.
23. Source Files:
    The source files or working files (file extension: cmo3 or can3) will not be provided to the client except in specific circumstances, such as when the source file is required for the game (further discussion and additional payment will be required for such cases).
24. Turnaround Time:
    Generally, rigging commissions will have an estimated 2-4 weeks turnaround time from the start of the project. Exceptions might occur depending on the complexity of the request and the given situation.
25. Credit:
    Credit the Live2D animator for the work done unless it’s a private commission.
26. Private commission:
    If the client wishes to keep the commission private, they must specify this when ordering, with additional charges applicable.
27. VTuber Model:
    For VTuber models, the result might differ due to variations in face-tracking software, hardware, settings, and environment (such as lighting and others). The Live2D animator will not hold any responsibility if such differences occur.
28. Not Safe for Work (NSFW):
    The Live2D animator will consider accepting NSFW-related work. Further discussion can be done with the Live2D animator.
29. PSD Preparation:
    Before rigging/animating, the PSD file (existing artwork) needs to be separated into layers. The Live2D animator can handle the PSD preparation with additional charges (this applies to files that are loosely or badly separated as well), and some changes might be made to the original art. The Live2D animator will not bear any responsibility for issues arising from changes due to separating and cleaning the art. It is recommended for the client to discuss with the Live2D animator and the illustrator artist together before starting.
30. Waitlist:
    Commissions will be managed on a first-come-first-served basis in the waitlist, except for rush orders.
31. Changes in Terms of Service (ToS):
    The term of service is subject to changes, and the latest ToS will overwrite the past. An invoice will be issued when payment (booking fee or deposit) is requested, and all details, including pricing and ToS, will be included in the invoice. Pricing and ToS attached to the invoice will supersede everything unless there is an agreement outside of it.