1. Agreement Overview
This Terms of Use ("Agreement") constitutes a legally binding agreement between Studiocupcakes ("Company"), based in Pune, India, and the Customer ("Customer"). By engaging our services, including 3D art, 2D art, and animation services, the Customer agrees to the terms outlined herein. Failure to agree or adhere to these terms results in the prohibition of service use, requiring immediate discontinuation. Except for ongoing obligations such as payment for rendered services, the relationship between Studiocupcakes and the Customer shall cease upon termination of this Agreement.
2. Service Offerings
Studiocupcakes offers a range of creative services, including:
3D Art Support: Complete creative 3D services for games, animation, films, and AR/VR.
2D Art Support: Concept art, character design, environment design, and visual development for promotional content.
3D Animation and Rigging Support: Game-ready animations for Unity and Unreal, as well as visual storytelling through animated content.
These services can be availed through monthly subscription plans or as one-time project engagements. Studiocupcakes reserves the right to modify, update, or enhance these services as needed, and changes will be communicated in advance.
3. Payment Terms
Customers agree to pay for the services as outlined in their subscription plan or project agreement. Payments must be made in full at the beginning of each billing cycle or as specified in the project agreement. For subscription-based services, changes in pricing will be communicated with a 30-day notice period before implementation. No refunds will be provided for services once work has commenced unless otherwise agreed in writing.
4. Cancellation and Termination Policy
Customers may cancel their subscription or terminate their agreement by providing a written notice at least 21 days before the end of the current billing cycle. Services will continue until the end of the billing cycle upon cancellation. If a cancellation request is received without proper notice, the billing cycle will renew as planned, and the cancellation will take effect at the end of the following billing month.
Studiocupcakes reserves the right to terminate services immediately for reasons such as non-payment or violation of these terms. Upon termination, all services will cease, and outstanding payments must be settled within 30 days.
5. Acceptance of Work
Studiocupcakes provides a review period of five (5) business days following the delivery of work for the Customer to evaluate and provide feedback. If no feedback or revision requests are received within this period, the work will be considered accepted, and the next stage of the project will commence.
6. Intellectual Property Rights
Ownership of all custom-created works produced for the Customer during a paid service period is transferred to the Customer upon full payment. This includes, but is not limited to, 3D models, 2D designs, and animations. Studiocupcakes retains ownership of its underlying tools, techniques, and pre-existing materials used during the creation process.
7. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary and sensitive information disclosed during the project. This includes project details, creative concepts, and any other non-public information shared during the course of the engagement. Written permission must be obtained from Studiocupcakes before any of its proprietary work is shared publicly by the Customer.
8. Revisions and Adjustments
Revisions are part of the creative process, and Studiocupcakes is committed to ensuring that the Customer's vision is realized. Customers are entitled to a reasonable number of revisions as specified in the service agreement. Additional revisions beyond the agreed-upon number may be subject to extra charges, which will be communicated in advance.
9. Limitation of Liability
Studiocupcakes is not liable for any indirect, incidental, or consequential damages arising from the Customer’s use of the services. This includes, but is not limited to, lost profits, lost data, or delays. The maximum liability of Studiocupcakes shall not exceed the total amount paid by the Customer for services in the twelve (12) months preceding the claim.
10. Indemnification
The Customer agrees to indemnify and hold harmless Studiocupcakes from any claims, damages, or liabilities arising from the misuse of services or violation of these Terms by the Customer. Studiocupcakes will indemnify the Customer for claims arising directly from its failure to deliver services as agreed upon, provided that the Customer notifies Studiocupcakes of such claims in writing.
11. Use of Customer Feedback
Studiocupcakes values Customer feedback to improve services and maintain high standards. By providing feedback, Customers grant Studiocupcakes the right to use their feedback in marketing materials, testimonials, and internal improvement processes.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Any disputes arising out of this Agreement shall be resolved through arbitration in Pune, India.
13. Modifications to Terms
Studiocupcakes reserves the right to change, modify, or update these Terms at its sole discretion. Customers will be notified of any significant changes via email or through the Studiocupcakes website. Continued use of the services following such changes constitutes acceptance of the revised terms.
14. Service Interruptions
There may be instances where services are interrupted due to unforeseen circumstances, such as technical issues or team unavailability. Studiocupcakes will make every effort to communicate such interruptions and resolve them promptly but is not liable for any delays caused by these events.
15. Contact Information
For any questions or concerns regarding these Terms and Conditions, please contact:
Chinmay Bhosekar, CEO
Email: chinmaybhosekar@studiocupcakes.com
Phone: +91 7066896002
Studiocupcakes
Pune, Maharashtra, India