Terms and Conditions

1. Introduction

These Terms and Conditions (“Agreement”) govern the use of services provided by Brand Animation Studios LLC d.b.a. Black Swan Effect (“we,” “our,” or “us”). By engaging our services, you (“Client”) agree to comply with and be bound by this Agreement. If you do not agree to these terms, you must not use our services.

2. Scope of Services

Black Swan Effect provides professional modeling and rigging services for animation, VFX, and games. Our services include but are not limited to:

  • Modeling: High-quality models, including hard surface, mechanical, and organic characters or creatures.
  • Texturing: Detailed textures to enhance the visual quality of models.
  • Rigging: Custom rigs tailored for animation, including but not limited to body and facial rigs, mechanical and prop rigs, and CharacterFX rigs (cloth, hair, and muscles).
  • Tech Animation: Shot-based simulations for cloth, hair, and muscles.
  • Pipeline and Animation Tool Development: Custom tool development to enhance animation workflows.
  • Batch Processing: Services such as mocap transfer or handling high-volume data tasks.

Clients can access these services via a subscription model or project-based bids as detailed below.

3. Payment Terms

  • Subscription Model: Payments are processed through Stripe on a 31-day billing cycle. Pausing your subscription preserves unused days for future use. No refunds are provided for subscriptions.
  • Project-Based Bids: Payment is made via direct deposit, with 50% due upfront and the remaining 50% due upon final delivery. All payments are non-refundable unless otherwise agreed in writing.

4. Delivery and Turnaround

We use a minimum viable product (MVP) workflow for efficient delivery. Standard timelines are as follows:

  • Initial rigs: Delivered within 4–5 business days.
  • Revisions and additional notes: Usually completed within 24 business hours.

These timelines may vary based on project complexity or the volume of requests under a subscription plan.

5. Client Responsibilities

The Client must provide all necessary materials and information through Trello or another agreed-upon project management tool. This includes reference images, videos, and any specifications relevant to the project. Deliverables are deemed approved when moved to the “Approved” board in Trello by the Client or as otherwise agreed in writing.

6. Ownership and Intellectual Property

  • Ownership of Deliverables: Upon delivery and full payment, the Client receives ownership and all associated rights to the final models, rigs, and textures provided. Under the subscription model, ownership is granted upon payment.
  • Ownership of Tools and Code: Black Swan Effect retains ownership of all proprietary tools, methods, and custom code developed during the course of a project. However, we grant the Client a non-exclusive, non-transferable, perpetual license to use any custom code provided as part of the deliverables solely for the intended project or purpose.
  • Usage Restrictions: The Client may not distribute, sublicense, or use Black Swan Effect’s proprietary tools or custom code outside the scope of the project without prior written consent.

7. Confidentiality

We will maintain the confidentiality of all materials and information provided by the Client. This includes adhering to the terms of any non-disclosure agreements (NDAs) entered into with the Client.

8. Limitation of Liability

Black Swan Effect’s liability for any claims, damages, or losses arising from the use of our services is limited to the amount paid by the Client for the services in question. We are not liable for indirect, incidental, or consequential damages, including loss of profits or data.

9. Termination

This Agreement may be terminated by either party for any material breach. Upon termination, all outstanding fees are due immediately. In the case of a subscription, termination takes effect at the end of the current billing cycle unless otherwise agreed.

10. Dispute Resolution

All disputes arising under this Agreement will be resolved through binding arbitration under the rules of the American Arbitration Association. The arbitration will take place in Utah, USA, and the decision of the arbitrator will be final and binding.

11. Amendments

We reserve the right to update or modify this Agreement at any time. Any changes will be posted on our website, and continued use of our services constitutes acceptance of the revised terms.

12. Governing Law

This Agreement is governed by and constructed in accordance with the laws of the state of Utah, USA, without regard to its conflict of law principles.

13. Contact Information

For questions, concerns, or support, please contact us at: Email: [email protected]