Terms of Service
Last Updated: January 2024
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and Virtuvara Studio ("Company," "we," "us," or "our") concerning your access to and use of our services, including but not limited to digital world building, 3D asset production, real-time experience development, VR/AR/Metaverse content creation, digital twin development, and brand world creation services.
By accessing our website, engaging our services, or entering into a service agreement with us, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our services.
2. Services Description
Virtuvara Studio provides comprehensive creative technology services specializing in the creation of immersive digital environments and interactive experiences. Our service offerings include:
- Digital World Building: Complete 3D environment design and asset production for virtual spaces, games, simulations, and interactive experiences.
- Real-Time Experiences: Development of high-performance interactive applications using Unreal Engine and Unity for various platforms including desktop, mobile, and web.
- VR/AR/Metaverse Content: Creation of immersive experiences for virtual reality, augmented reality, and metaverse platforms, including Meta Quest, HoloLens, Apple Vision Pro, and WebXR.
- Digital Twins & Spatial Visualization: Development of precise virtual replicas of physical spaces and objects integrated with real-time data for architecture, manufacturing, and urban planning.
- 3D Environment & Asset Production: Professional modeling, texturing, rigging, and optimization of 3D assets for game-ready and cinematic applications.
- Brand Worlds & Marketing Experiences: Design and implementation of immersive brand experiences, virtual showrooms, product demonstrations, and interactive marketing activations.
3. Project Engagement Process
3.1 Discovery & Consultation
All projects begin with a discovery phase where we collaborate with clients to understand project requirements, technical specifications, and creative objectives. This phase includes:
- Initial consultation meetings to define project scope and goals
- Technical feasibility assessment and platform requirements analysis
- Budget and timeline estimation based on project complexity
- Preparation of detailed project proposal and statement of work
3.2 Project Agreement
Upon mutual agreement of project scope, timeline, and budget, a formal service agreement will be executed. This agreement will detail:
- Specific deliverables and acceptance criteria
- Project milestones and delivery schedule
- Payment terms and conditions
- Intellectual property rights and licensing terms
- Confidentiality obligations
- Change request procedures
3.3 Production Phase
During production, we maintain transparent communication through:
- Regular progress updates and milestone reviews
- Iterative feedback cycles and revision rounds
- Access to development builds and work-in-progress assets
- Technical documentation and asset specifications
4. Client Responsibilities
To ensure successful project completion, clients agree to:
- Provide timely access to all necessary materials, including brand guidelines, reference materials, source files, and technical specifications
- Designate authorized representatives empowered to make project decisions and provide approvals
- Respond to requests for feedback and approvals within agreed-upon timeframes
- Ensure all provided materials do not infringe upon third-party intellectual property rights
- Maintain confidentiality of proprietary methods and work-in-progress materials
- Make timely payments according to agreed payment schedules
5. Payment Terms
5.1 Project Pricing
Project pricing is determined based on scope, complexity, deliverables, and timeline. All pricing is provided in United States Dollars (USD) and is subject to applicable taxes.
5.2 Payment Schedule
Unless otherwise specified in the project agreement, payments are structured as follows:
- Initial deposit (typically 30-50% of total project cost) due upon project commencement
- Milestone payments aligned with project deliverables and approval gates
- Final payment due upon project completion and delivery of all assets
5.3 Late Payments
Invoices are payable within 15 days of issuance unless otherwise specified. Late payments may be subject to a service charge of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is less. Continued late payments may result in project suspension or termination.
6. Intellectual Property Rights
6.1 Client-Owned Content
Upon receipt of full payment, clients receive ownership of custom-created deliverables specifically developed for their project, including:
- Final 3D models, environments, and scenes created specifically for the project
- Custom textures, materials, and shaders developed for client assets
- Project-specific animations and interactive features
- Final compiled applications and executables
6.2 Virtuvara Studio-Retained Rights
Virtuvara Studio retains ownership of:
- Proprietary tools, plugins, and development frameworks
- Pre-existing asset libraries and reusable components
- Technical methodologies and production processes
- Source code for proprietary systems and tools
6.3 Portfolio and Marketing Rights
Unless explicitly restricted in writing, Virtuvara Studio reserves the right to display completed work in portfolios, case studies, and marketing materials. Confidential or proprietary projects may be subject to non-disclosure agreements with restricted portfolio usage.
6.4 Third-Party Assets
When third-party assets (marketplace items, licensed libraries, stock content) are incorporated into projects, appropriate licenses will be acquired. Clients are responsible for ongoing license compliance for any third-party assets included in final deliverables.
7. Revisions and Changes
7.1 Included Revisions
Each project milestone includes a specified number of revision rounds. Revisions must be consolidated into comprehensive feedback and submitted within agreed timeframes.
7.2 Additional Revisions
Revision requests beyond the agreed scope may be subject to additional fees based on complexity and time requirements.
7.3 Scope Changes
Changes to project scope, deliverables, or timeline require formal change requests. Significant scope changes may result in revised project timelines and budgets.
8. Project Timeline and Delivery
Project timelines are estimates based on agreed scope and client responsiveness. Delays caused by late client feedback, scope changes, or force majeure events may result in adjusted delivery schedules. We commit to transparent communication regarding any timeline adjustments.
9. Warranties and Limitations
9.1 Service Warranty
We warrant that services will be performed with professional skill and care consistent with industry standards. Deliverables will meet agreed specifications and function as documented.
9.2 Technical Limitations
While we strive for optimal performance, real-time applications are subject to hardware limitations, platform constraints, and evolving technology standards. We do not guarantee specific frame rates or performance metrics beyond those explicitly documented in project specifications.
9.3 Third-Party Platform Changes
We are not responsible for issues arising from changes to third-party platforms (Unity, Unreal Engine, VR/AR hardware, operating systems) that occur after project delivery.
10. Confidentiality
Both parties agree to maintain the confidentiality of proprietary information shared during the project. This includes technical specifications, business strategies, unreleased products, and any information designated as confidential. Confidentiality obligations survive project completion.
11. Limitation of Liability
To the maximum extent permitted by law, Virtuvara Studio's total liability for any claims arising from our services shall not exceed the total amount paid by the client for the specific project giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages including lost profits, lost revenue, or lost data.
12. Termination
12.1 Termination by Client
Clients may terminate projects with written notice. Upon termination, clients are responsible for payment of all work completed to date, including work in progress. Refunds for unused portions of prepaid fees may be provided at our discretion, minus any costs already incurred.
12.2 Termination by Virtuvara Studio
We reserve the right to terminate projects if:
- Client fails to make timely payments
- Client fails to provide necessary materials or feedback within reasonable timeframes
- Client requests services that violate legal or ethical standards
- Client breaches material terms of the agreement
13. Indemnification
Client agrees to indemnify and hold harmless Virtuvara Studio from any claims, damages, or expenses arising from:
- Client-provided materials that infringe third-party intellectual property rights
- Client's use of deliverables beyond agreed scope or licensing terms
- Client's misrepresentation of facts or breach of warranties
14. Force Majeure
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond reasonable control, including natural disasters, acts of war, government restrictions, pandemic events, or technology infrastructure failures.
15. Dispute Resolution
In the event of disputes, parties agree to first attempt resolution through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Fort Collins, Colorado.
16. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, United States, without regard to conflict of law principles.
17. Modifications to Terms
We reserve the right to modify these Terms at any time. Material changes will be communicated to active clients. Continued use of our services following modifications constitutes acceptance of updated Terms. Individual project agreements take precedence over these general Terms where specific provisions differ.
18. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.
19. Entire Agreement
These Terms, together with any executed project agreements, constitute the entire agreement between parties and supersede all prior communications, agreements, or understandings, whether written or oral.
20. Contact Information
For questions regarding these Terms of Service, please contact us:
Contact Information
Email:
info@virtuvara-studio.com
Address:
2510 E Harmony Rd 200
Fort Collins, CO 80528
United States
Phone:
+1 (719) 431-8473