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Legal

Terms of sale — Ugokami subscription

Version of [DATE]

These terms are a translation of the French « Conditions générales de vente » (https://ugokami.com/fr/legal/cgv/), which is the reference version. A difference between the two can never take away a right the French version gives you.

1. Who sells what

  • The seller is Polar (Polar Software, Inc., 3500 South DuPont Highway, Dover, DE 19901, US), an authorised reseller ("merchant of record"): it sells you the subscription in its own name, takes the payment, issues the invoice and collects the VAT. Its buyer terms (https://polar.sh/legal/checkout-buyer-terms) apply to the purchase.
  • The publisher of the software is [NOM ET PRÉNOM] EI, a French sole trader (entrepreneur individuel, micro-entreprise), SIRET [SIRET], [ADRESSE], phone [TÉLÉPHONE], e-mail contact@ugokami.com ("we"). We grant you the licence to use the software, under our licence agreement (https://ugokami.com/legal/eula/), and we make the commitments of these terms to you.
  • Neither Polar's terms nor ours reduce the rights you have under French consumer law, or under the law of the EU country where you live when it protects you more.

These terms are written for consumers. A business customer is told where a rule differs for them.

2. What you buy

  • Ugokami Rig (create and rig a 2D avatar) and Ugokami Studio (bring it to life with your webcam and microphone, all the way to OBS) are free to download and use.
  • The subscription unlocks one thing: exporting a model from Ugokami Rig as a .vtpack file, which Ugokami Studio animates. Testing a rig live also goes through an export.
  • Requirements: Windows 10 or 11, 64-bit, an AVX2 processor, OpenGL 3.3; a webcam for live animation; an Internet connection to activate and check the key. Try importing and rigging on your computer for free before you subscribe.
  • Technical measures: a key activates on one installation of Ugokami Rig at a time and is checked online; a .vtpack is sealed and only comes to life in Ugokami Studio. Details are in the licence agreement (sections 3 and 4).

3. Plans and prices

  • Monthly: €6.99 per month, taxes included, charged each month in advance until you cancel. No minimum term, cancel at any time, with no fee or notice.
  • 12-month pass: €75, taxes included, paid once (€6.25 a month), for twelve months, with no automatic renewal: there is nothing to cancel; to carry on after twelve months, you buy a new pass.
  • The price you are bound by is the price including taxes, in euros, shown on Polar's checkout page on the day you buy. If your card is not in euros, your bank may add exchange fees.
  • We may change prices for new purchases. The price of your current monthly subscription does not change as long as you do not cancel it.

4. Placing an order

  • You order on Polar's checkout page. Before paying, you see the plan, the price including taxes, how often it is charged, and links to these terms, the licence agreement and our withdrawal policy.
  • The payment button tells you that the order means you have to pay. The contract is made when Polar accepts your payment.
  • You immediately receive, by e-mail, your order confirmation, Polar's invoice, your licence key and a reminder of your rights (withdrawal, cancellation, warranty, mediation). Keep that e-mail: together with these terms, as in force on the day you bought, it is the proof of the contract. Earlier versions of these terms are available on request.
  • If you are under 18, ask a parent's permission before you subscribe.

5. Access to the software

  • The key arrives by e-mail right after payment. Enter it in Ugokami Rig (Subscription button) to activate exporting.
  • Exporting stays open for the whole paid period, offline included, within the limits set out in section 3 of the licence agreement.
  • Models you have already exported remain yours and open in Ugokami Studio even after the subscription ends.

6. Payment, failed payments and suspension

  • Payment is collected by Polar, by the means offered on its checkout page. We never see your card details.
  • If a monthly payment fails, Polar tells you and tries again; if it is not settled within 14 days, exporting closes, then the subscription is cancelled if the payment does not go through. Models already exported remain readable.
  • We only suspend exporting for another reason (a shared or resold key, getting around the licence) after a formal notice and a delay, as set out in section 11 of the licence agreement.

7. Cancellation

  • Monthly: cancel at any time from your Polar customer area: Cancel your contract; or by writing to contact@ugokami.com. You receive a confirmation by e-mail.
  • Effects: cancellation takes effect at the end of the month already paid; nothing more is charged; exporting stays open until then, and then closes. Ugokami Rig remains free to use, your working files still open, and your exported models remain readable in Ugokami Studio.
  • 12-month pass: nothing to cancel, it ends on its own after twelve months.
  • What we do if we stop selling the subscription, or if exporting becomes impossible because of us: sections 10 and 11 of the licence agreement (refund of the unused part).

8. Right of withdrawal

  • You have 14 days from the purchase to withdraw, without giving a reason.
  • Immediate performance. Before activating your key, Ugokami Rig asks you to tick a box by which you request to be able to export straight away, before the period ends, and acknowledge that you lose your right of withdrawal; it then saves, and shows you, a dated text file confirming your consent (Documents\Ugokami). From that activation on, the right of withdrawal no longer applies (article L221-28 13° of the French Consumer Code). The key alone gives access to nothing: the licence is supplied when you activate it.
  • As long as the key has not been activated, you get a full refund on simple request within 14 days of the purchase.
  • How to withdraw: online, at Withdraw from the contract here; or by any clear statement sent to contact@ugokami.com, by post to the address in section 1, or to Polar. You may use the model form in our withdrawal policy (https://ugokami.com/legal/refunds/), but you do not have to. Online, you immediately receive an acknowledgement by e-mail repeating your statement, with the date and time.
  • Refund: within 14 days of your request at the latest, by the payment method you used, at no cost. Made online, from the purchase e-mail address, for a key that was never activated, the request is refunded automatically, usually within minutes. The refund ends the subscription and the key is deactivated.
  • The details (and the cases where we refund beyond what the law requires) are in our withdrawal, refunds and cancellation policy (https://ugokami.com/legal/refunds/).
  • Legal guarantee of conformity for digital content and services (articles L224-25-1 to L224-25-31 of the French Consumer Code). The software and exporting must match what is described before the purchase and what can reasonably be expected of them, for the whole duration of the subscription. If something is wrong, you are entitled to have it brought into conformity at no cost, within a reasonable time; failing that, to a price reduction or to terminating the contract, with a refund. You do not have to prove the defect if it appears during the subscription; you only agree to help us, as far as is reasonable and in the least intrusive way, check whether it comes from your setup (article L224-25-16).
  • We provide this guarantee ourselves, in addition to Polar: write to contact@ugokami.com.
  • Where it applies, the guarantee against hidden defects (articles 1641 to 1649 of the French Civil Code) applies as well.
  • These guarantees come on top of the refund commitments of our refund policy, which do not replace them.

10. Liability

We are liable for damage caused by the software or by a failure on our part, as set out in section 10 of the licence agreement. Nothing in these terms or in the licence agreement limits our liability towards a consumer beyond what the law allows. The cap set for business customers applies to them only.

11. Intellectual property

Your drawings, rigs and exported models are yours: you may use them as you wish, commercially included. The software, its code, logo and interfaces remain the property of their publisher (and of their authors for third-party components): the subscription gives you a right to use them, never a right over the software. Details are in the licence agreement (sections 5 and 6).

12. Personal data

The purchase is handled by Polar under its privacy policy; what we process, and your rights, are described in our privacy policy (https://ugokami.com/legal/privacy/).

13. Customer service and complaints

Write to us at contact@ugokami.com or call [TÉLÉPHONE]. We reply within 5 working days. For the payment and the invoice, you may also contact Polar (support@polar.sh).

14. Consumer mediation

If a written complaint sent to contact@ugokami.com is not resolved, you may refer the matter, free of charge and within one year of that complaint, to the consumer mediator we belong to:

  • [NOM DU MÉDIATEUR]
  • [ADRESSE DU MÉDIATEUR]
  • [SITE DU MÉDIATEUR]

The mediator is contacted online on its website, or by post at its address, with a copy of your complaint and of our reply.

15. Governing law and disputes

These terms are governed by French law. If you live in another EU country, you keep the protection of the mandatory rules of your country. In a dispute, after mediation if you chose it, you may bring the matter before the competent court under the ordinary rules, in particular the court where you live.