Terms of Service

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. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
    2. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.
    3. Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorized for use by the Client.
    4. Client warrants that they have the authority to enter this agreement, be the point of contact and are solely responsible for decisions and approval during the process.
    5. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to the Artist’s best knowledge.
    6. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
    7. Artist warrants that they will not copy or heavily reference unauthorized materials.
    8. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons, which the Artist is not obligated to disclose.
      1. Any payment made prior to this refusal will be refunded in full, with exception for transaction fees.
    9. 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 through Discord, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.
    1. Artist will not create content that is explicit, offensive, or inappropriate.
    2. Specific restrictions include but are not limited to:
      1. Anthropomorphic characters
      2. Highly technical/mechanical characters or backgrounds
      3. Emulations of other artists’ illustration style
    1. Work completion requires three (3) weeks at minimum, and may take up to six (6) months, depending on each project.
    2. Timeline depends on commission type, complexity, and workload.
    3. Client should plan accordingly.
    4. Artist provides progress updates and seeks Client feedback voluntarily.
    5. Final deliverables are provided by the Artist using email, Google Drive, or similar file transfer tools, in PNG or TIFF formats as applicable. Any files hosted by the Artist will be available for the Client to download for three months.
    6. If there are any delays and adjustments to the timeline, the Artist will inform the Client.
    7. Clients must first agree to delays and amendments to timeline exceeding one month through standard communication channels. 
    8. Clients have the right to request refunds 2 months after deadlines according to 8.c. if Work has not been delivered, and there was no agreed upon amendment to the timeline.
    1. One revision is allowed per item shown to the Client during the process.
    2. For rendered illustrations, only minor revisions are allowed after flat colors have been laid out and shown to Client.
    3. Additional charges for excessive revisions may be required.
    4. Revisions will affect progress and timeline.
    5. Clients may not request additional edits of the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.
    1. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
    2. Communication channels may include Discord messages, email correspondence, or Twitter/X direct messages, according to Artist discretion.
    3. Artist response time may vary, up to one week in order to provide better or more concrete updates.
    4. The Artist and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.
    1. Artist Rights
      1. 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 (i.e. Twitch) and more.
      2. The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client’s intellectual property rights and ownership of their likeness, character design, branding, identity design or any such trademarks.
  1. Client Rights
    1. Clients receive non-transferable usage rights to the Work for personal use.
    2. Personal use is defined as:
      1. display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts;
      2. print and framing in personal spaces;
      3. display as part of designs on websites and channels, excluding use in content of these websites or channels.
    3. 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.
    4. Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
    5. Upon discovery any violation of term 6b.iv., the Artist reserves the right to refuse all future projects with respective Client.
    1. Client pays in full up to $100 value, or 50% for projects of higher value.
    2. In the case of projects above $100, the final 50% is due at first complete watermarked or low resolution preview of the final deliverables.
    3. Invoices, proposals or payment links will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.
    4. Invoices must be paid within 120 hours (five days), or the project may be canceled.
    5. Prices are in USD, and paid via Stripe, PayPal, or other methods as provided by the Artist.
    6. Prices may vary or change depending on complexity, requirements and/or additional requests.
    7. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
    8. Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.
    1. If Client requests cancellation after any payment has been made, 50% of the total commission price is forfeit. Partial or full refunds may be provided in exceptional circumstances at the Artist’s discretion.
    2. No refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist as detailed in 8.c. and Section 3.
    3. 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 according to the amount of work complete.
    1. 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) outside of the development of Work, 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.
    1. 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.
    2. If Client’s rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to Artist negligence, Artist will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction of the Client.
    1. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
    2. Agreement date is upon submission of this form.

Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.

Last edited: January 3, 2024

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Illustrator, Vtuber, Model Artist