Kickstarter funds are not donations, because there’s an expectation of getting something in return.
Kickstarters states that all funds raised in the US are considered income. So no, it is NOT a donation.
https://www.kickstarter.com/help/taxes
In general, in the US, funds raised on Kickstarter are considered income.
Beyond deductions, a creator may be able to classify certain funds raised on Kickstarter as a nontaxable gift, and not income. A gift is something given out of “detached and disinterested generosity” for personal reasons and without the expectation of getting something in return.
You’ve breached the contract already on Kickstarter with your backers (which includes me) by misrepresenting the nature of the final project, which was initially to be a full game. You later changed this (without given cause) to a release in parts, with the inclusion of ‘indefinite DLC" which is not the format originally promised.
There are some big changes going on this month! I am expecting the end of the budgetary hiatus this month, which means we’re looking at two big releases upcoming: what I am currently calling Mystic Destinies: Echoes: Part 1, for Kickstarter backers, and To the Edge of the Sky: Chapter 04, and Four’s POV story for everyone.
I have decided that with all of the changes that have occurred, I will be giving Mystic Destinies: Echoes indefinite DLC. This will come free to backers who have not been refunded by the time of release. There were so many great ideas and extra content that gathered through the years as the project changed writers, that unfortunately could not be used for the main game.
https://www.aeondreamstudios.com/news/2019/4/4/end-of-budgetary-hiatus-more-april-4-2019-monthly-news
I don’t care if it’s free or not for me since I backed it, that was not part of the format originally promised that I agreed and paid for. I am within my right to demand a refund from you regardless of what you think and say.
December 7th 2017, you offered refunds to backers.
https://www.kickstarter.com/projects/aeondreamstudios/mystic-destinies-echoes-the-dark-epic-visual-novel/posts/2065337
Then there was the January 2018 announcement.
https://www.kickstarter.com/projects/aeondreamstudios/mystic-destinies-echoes-the-dark-epic-visual-novel/posts/2084514 (public for January; screenshot shown below)
I chose to not get a refund at that time since I believed in the honesty. I no longer believe in the honesty which was on my own research on both sides at the time. I no longer want the game and just want a refund way before the demo was even posted/released.
I’m sick of being painted an “antifan” all because I don’t put up with how you’ve treated your fans, backers, employees, and people throughout this whole ordeal.
Kickstarter also does not establish time limitations on refunds nor does it grant this ability to creators. The attempt to establish a time limit has no legal basis. The T.O.S of Kickstarter states that they should be granted until there is no money left. If no money is left, then the creator needs to give information on how the money was spent, you cannot refuse this.
If the problems are severe enough that the creator can’t fulfill their project, creators need to find a resolution. Steps should include offering refunds, detailing exactly how funds were used, and other actions to satisfy backers. For more information, see Section 4 of our Terms of Use.
https://help.kickstarter.com/hc/en-us/articles/115005028814-What-should-creators-do-if-they-re-having-problems-completing-their-project-
If a creator is unable to complete their project and fulfill rewards, they’ve failed to live up to the basic obligations of this agreement. To right this, they must make every reasonable effort to find another way of bringing the project to the best possible conclusion for backers. A creator in this position has only remedied the situation and met their obligations to backers if:
they post an update that explains what work has been done, how funds were used, and what prevents them from finishing the project as planned;
they work diligently and in good faith to bring the project to the best possible conclusion in a timeframe that’s communicated to backers;
they’re able to demonstrate that they’ve used funds appropriately and made every reasonable effort to complete the project as promised;
they’ve been honest, and have made no material misrepresentations in their communication to backers; and
they offer to return any remaining funds to backers who have not received their reward (in proportion to the amounts pledged), or else explain how those funds will be used to complete the project in some alternate form.
https://www.kickstarter.com/terms-of-use
Section 4 (light blue box)
FTC states that you simply cannot refuse this refund to those who chose the tiers with physical rewards due to FTC order https://www.federalregister.gov/documents/2014/09/17/2014-22092/mail-or-telephone-order-merchandise-rule
I’ve already sent a complaint to the FTC and the BBB. This was before you announced a blog update with a link to them saying you would respond to them. Why haven’t you responded? It should’ve still been in the email.
You didn’t bother to respond to BBB’s which was up to a MONTH of time to do so.
The complaint I made is still there live with a mark of “unanswered”. https://www.bbb.org/us/fl/orlando/profile/video-game-manufacturers/aeon-dream-studios-llc-0733-90645976/complaints#221206232
80% was stated to be done in October 2018 for Echoes.
We are going to take the necessary time to complete and finish Echoes. Many delays came up with that team, and I cannot predict a release date fully beyond before the end of this year. But the project is about 80% finished.
https://www.kickstarter.com/projects/aeondreamstudios/mystic-destinies-echoes-the-dark-epic-visual-novel/posts/2323496 (can be seen publicly)
(copy pasted link to the blog update https://www.aeondreamstudios.com/news/2018/10/20/aeon-dream-studios-news-saturday-october-20-2018 )
Backers are allowed to ask for updates.
It’s not uncommon for things to take longer than expected. Sometimes the execution of the project proves more difficult than the creator had anticipated. If a creator is making a good faith effort to complete their project and is transparent about it, backers should do their best to be patient and understanding while demanding continued accountability from the creator.
https://help.kickstarter.com/hc/en-us/articles/115005028814-What-should-creators-do-if-they-re-having-problems-completing-their-project- (also here)
Communication went down the drain after a while and even now. No update in sight of the Kickstarter since February 2019.
It is your responsibility to update backers, since the T.O.S states for backers to check on the site for updates. Open and honest communication in good faith does not equal to not posting on Kickstarter and only posting elsewhere on the company’s blog and social media.
You don’t have to show spoilers, just update with at least some progression on Kickstarter. For example: “___ route was worked on in art while the writing is now complete.”
You brought up of how refunds would’ve been a possible solution in a January 2019 blog update.
(I’ve deleted some parts of the paragraph to focus on the refund area, the other part can be read in the source. I am just cutting it to the point.)
I thought of the possibility of course, of hanging it up, working on providing refunds to people (what, you REALLY thought we were so dishonorable as not to do that?) but ultimately, I still love making games and I have learned so much in every single one of my roles here, I know I can do better.
https://www.aeondreamstudios.com/news/2019/1/27/developer-personal-blog-looking-back-on-the-past-and-ahead-to-the-future
After reading that update, I thought “Oh I think they’ll refund me since I didn’t get one before.” I got a “no” back, saying they were donations…
I didn’t want and STILL do NOT want the game because it’s no longer what it is promised, I want a refund.
Again, I am WITHIN my right to DEMAND this regardless of what you think or decide upon due to Kickstarter’s T.O.S.
You’ve stated that TTEOTS helped with funds while MD simply didn’t make you enough money yet.
If you want to get real, as grateful as we are for the MD community believing in us, MD simply doesn’t make much money yet, and we’d be homeless and starving by now if we hadn’t released TTEOTS.
https://www.aeondreamstudios.com/news/2018/10/28/dev-personal-blog-thoughts-on-the-mystic-destinies-echoes-discontent
Was this why TTEOTS was made or not? Please answer.
TTEOTS was also promised to be focused AFTER Mystic Destinies: Serendipity of Aeons and Echoes were completed.
This was said in multiple areas, but not limited to: In comments of SoA Deluxe Kickstarter, updates of Echoes, and the two TTEOTS (original and reloaded) Kickstarters underneath area of Risks and Challenges.
The highest backer of MD: SoA also did not choose TTEOTS as stated by her on Twitter since she was given no list to choose from (sourced below with permission).
https://www.kickstarter.com/projects/aeondreamstudios/mystic-destinies-serendipity-of-aeons-deluxe-editi/comments
Found on both TTEOTS Kickstarter descriptions.
https://www.kickstarter.com/projects/aeondreamstudios/to-the-edge-of-the-sky-reloaded/description
https://www.kickstarter.com/projects/aeondreamstudios/to-the-edge-of-the-sky-a-fanmade-bts-inspired-visu?ref=profile_created
Found on SoA https://www.kickstarter.com/projects/aeondreamstudios/mystic-destinies-serendipity-of-aeons-deluxe-editi/comments
To see the highest backer’s statement, go here https://twitter.com/Aussie_Hikki/status/1090249574659219457
Failure of Delivery or Refunds issued in Court involving Kickstarter/Crowdfunding
https://www.polygon.com/2014/5/2/5675834/washington-sues-card-game-developer-for-failing-to-deliver-on
https://www.polygon.com/2015/9/11/9310945/kickstarter-court-victory-attorney-general-washington-asylum-playing-cards
https://www.ftc.gov/news-events/press-releases/2015/06/crowdfunding-project-creator-settles-ftc-charges-deception
Show your proof as I have, in spite of how frustrated and angry I am - all for a refund that you refuse to give me. Just because I haven’t taken you to court doesn’t mean it’s false. Your spin that my vocal complaints mean I want you to be destroyed is also not the case at all.
I just want my refund so I can be done with this and move on. I will not take this post down since these are all facts laid out civilly with sufficient evidence.