Terms & Conditions

This Terms of Service Agreement (“Agreement”) is entered into between the Artist and the Client for the commission of an artwork (“Work”). By commissioning the Artist, the Client agrees to the following terms:

1. ENGAGEMENT

a. Client provides clear and complete requirements and expectations upfront. This includes reference materials and assets (such as face claims, detailed descriptions, and other reference photos) before Work begins.

b. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own vision/character design and reference material for the use of the Work.

c. Client warrants that the vision/character design and reference material provided to the Artist are legally obtained and authorized for use by the Client.

d. Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.

e. Artist strives to perform to the best of their ability in good faith and warrants Work is original according to Artist’s best knowledge.

f. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.

g. Artist warrants that they will not copy or heavily reference unauthorized materials.

h. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.

i. Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.

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2. CONTENT RESTRICTIONS

a. Artist will not create content that is explicit, offensive, or inappropriate.

b. Specific restrictions include but are not limited to furries, mechs, explicit sexual content, and anything with the purpose of furthering hate speech.

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3. TIMELINE AND PROCESS

a. Work completion requires  2 weeks minimum, and may take up to 6 months depending on each project. Timeline depends on commission type, complexity, and workload.

b. Artist provides progress updates and seeks Client feedback voluntarily.

c. Final deliverables are provided by the Artist using the email address provided by the Client.

d. If there are any delays and adjustments to timeline, the Artist will inform the Client.

e. Clients must first agree to delays and amendments to timeline exceeding 3 months through standard communication channels.

f. Clients have the right to request refunds 3 months after deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline.

 

4. REVISIONS

a. One major revision before line art begins is allowed per item shown to the Client during the process. After line art, only minor revisions are allowed.

b. Revisions may affect progress and timeline.

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5. COMMUNICATION

a. Ongoing communication and discussion will occur throughout the project, including work in progress, Client feedback, and situational updates from the Arist.

b. The communication channel for these discussions will be email.

c. Artist response time may vary, up to one week, in order to provide better or more concrete updates.

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6. RIGHTS & USAGE

a. Artist Rights

i. The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels and more.

b. Client Rights

i. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.

ii. Personal use means: display on social media accounts for promotional purposes with no direct monetization such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.

iii. Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.

iv. Client must not edit or modify Work in any way without prior permission from the Artist.

c. Commercial Rights

i. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites or as agreed upon.

ii. Commercial rights means usage of Work on streams or any monetized instances, or selling or reselling Work to another party, as a part of any product, or on another platform.

iii. Usage of Work for AI (artificial intelligence) tools; platforms or programs, ML (machine learning) tools, platforms or programs; AI or ML training; NFT (Non-Fungible Tokens); blockchain; or other for-profit platforms/purposes, is strictly prohibited.

iv. Additional charges will be required for commercial usage if not included at a rate of _______ (i.e. $250.00 or “2x the value of Work”).

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7. PAYMENTS & FEES

a. Client pays a 50% down payment in advance of the work of art being produced, and the second 50% upon completion of the project.

b. Invoice link will be sent to the Client via email from when Artist is ready to begin work. Clients must not send money before these requests for payment.

c. Invoices are sent through PayPal and must be paid within 72 hours, or the project may be cancelled.

d. Prices are in USD, and paid via PayPal or other methods offered on the invoice

e. Prices may vary or change depending on complexity, requirements and/or additional requests. The invoice cost will incorporate costs of all add-ons selected.

f. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.

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8. CANCELLATION & REFUNDS

a. If Client requests cancellation, 50% of project fees may be forfeit if cancelled after the line work starts. The client is not expected to pay the cost for a finished commission if the commission is cancelled before completion.

b. No refunds are possible after work begins unless initiated by the Artist.

c. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund only.

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9. CONFIDENTIALITY

a. The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information), or are incorporated into the deliverables, that will not be visible to the public shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

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10. INDEMNIFICATION

a. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.

b. If Client’s rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first (see Refund and Return Policy)

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11. ACCEPTANCE

a. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.

b. Agreement date is upon first inquiry/communication or first transaction.