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Terms of Service (ToS)

@Chimyreal

1. Acceptance and Summary+

Hello! This document sets the rules for using the digital products ("Products") I create. By purchasing and downloading a product, you agree to these terms. The product is licensed for personal use.

2. Personal Use License (Full Avatars)+

Your purchase grants you a personal, non-exclusive, non-transferable, and revocable license. This applies to full avatars and products not intended for resale.

✅ Allowed Uses

  • Use on Platforms: You are allowed to use this file on different platforms, but it is not supported outside of VRChat.
  • Personal Modifications: Edit any part of the product for your own exclusive use.
  • Monetized Content Creation: Use the avatar in streaming services (Twitch, YouTube) and receive income from ads, donations, and platform subscriptions. The product is for personal use only and you are not permitted to redistribute it.

❌ Prohibited Uses

  • No Redistribution: Do not sell, share, gift, or transfer the files to ANYONE.
  • No Public Uploads: Do not upload the avatar as "public" or "clonable."
  • No Claiming Authorship or removing my credits.
  • No AI Training with my products.

3. License for Assets on For-Sale Models+

This section applies to products designated as "Assets for Sale" (e.g., clothing, accessories). It grants you the right to sell these assets only as part of a complete, finished model.

✅ Allowed Uses

  • Sell the asset as part of a complete avatar or 3D model.
  • Use the asset in private avatar commissions.

❌ Prohibited Uses and Restrictions

  • Do not sell the asset by itself: It is forbidden to resell or distribute the asset files individually, even if modified.
  • No inclusion in free models: The asset cannot be included on models that are distributed for free, through server rewards (like Discord Nitro), or any method other than a direct, monetary sale.
  • No use on public avatars: The asset cannot be used on any avatar uploaded as "public" on VRChat or similar platforms, to prevent unauthorized copying.
  • Minimum Sale Price: The complete model on which you include the asset cannot be sold for less than the original cost of the asset itself. This rule is in place to ensure the value of all included work is respected.
  • Credit is mandatory: You must credit me for the asset in your final product's description, including a link to my store.
  • Inform your customers: You must inform your buyers that they cannot reuse or resell the asset separately and that they must purchase it from my store if they wish to use it in their own for-sale projects.

4. Commercial License (Extended Use)+

The personal and asset licenses do not cover extended commercial use. A Commercial License is required for any activity that goes beyond personal monetized content creation.

When do I need a Commercial License?

The line is crossed when the avatar becomes a product itself or the face of a brand. Examples:

  • Merchandising: Selling physical or digital products (figures, apparel, emotes) based on the avatar.
  • Affiliation with a VTuber Agency: If you are part of an agency that commercially represents you.
  • Promotions and Sponsorships: Using the avatar to advertise third-party products or services.
  • Mass Distribution Projects: Including the avatar in a commercial game, application, or film.

How to Obtain One

If your project requires this type of use, please contact me via my Discord server to discuss the terms and cost of a suitable license. A written agreement will be created.

5. Collaborations and Joint Projects+

In the case of products created in collaboration with another artist, the Terms of Service of both creators will apply. By purchasing a collaborative product, you agree to comply with both my terms and the other artist's terms. Be sure to read both documents. In case of a conflict between terms, the most restrictive rule will apply.

6. Third-Party Assets and Commissions+

Third-Party Assets

My products may require assets from other creators (e.g., shaders). My license only covers my work. You are responsible for complying with the terms of any third-party assets you use.

Modification Commissions

If you hire someone to modify your avatar, both you and the commissioned artist must have purchased a valid license for the original product.

7. Refunds and Intellectual Property+

Refund Policy

Due to the intangible nature of digital products, all sales are final once the product has been downloaded. Refunds are not offered for change of mind or accidental purchases.

Exception for Defects: If the product has a verifiable technical defect that prevents its fundamental use as described, please contact me. You may be entitled to a corrected version or, in exceptional cases, a refund at my discretion.

Intellectual Property

I retain all copyrights to my products. Your purchase does not transfer ownership.

8. Frequently Asked Questions (FAQ)+

I'm a VTuber, what license do I need?

If you are an independent VTuber who monetizes through donations, subscriptions, or ads on platforms like Twitch/YouTube, the Personal License is sufficient. If you start selling your own merchandise or join an agency, you will need a Commercial License.

How do I gift a product to a friend?

The correct way is to purchase a new copy of the product using your friend's email address on the sales platform. Do not share your files.

Do you offer support for uploading or modifying the avatar?

I offer basic support for issues directly related to the original product files. Assistance for uploading, modifying, or fixing issues caused by user edits is not included, but can be offered for an additional fee depending on the complexity.

9. Contact and Support+

If you have any questions or need help, the best way to contact me is through my Discord server.