Before starting a project, I need to make sure that we are on the same page to prevent any unnecessary misunderstandings in the future, so please take some time to read through these terms! Thank you and feel free to reach out if you have any questions ❤︎

✿ • BUST-UP • ✿

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:

A. ENGAGEMENT

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 authorised for use by the Client.

4. 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.

5. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to 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 unauthorised materials.

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

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 or Twitter, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.

B. CONTENT RESTRICTIONS

1. The Artist can create fan arts, original characters, NSFW/R18, light gore, and will not create content that is offensive, or inappropriate.

2. Specific restrictions include but are not limited to furries, mechs, copied styles, and gender identities or cultures the Artist may not be able to portray authentically.

C. TIMELINE AND PROCESS

1. Work completion requires at least 3 weeks and may take up to 4 months depending on each project.

2. The timeline depends on commission type, complexity, and workload.

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

4. Final deliverables are provided by the Artist using Google Drive or similar file transfer tools.

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

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

7. 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.

D. REVISIONS

1. 3-5 changes are allowed after mutual agreement on the rough sketch and colored draft.

2. Only minor changes are accepted after work completion.

3. Additional charges for excessive revisions may be required.

4. Extensive revisions may affect progress and timeline.

E. COMMUNICATION

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 Facebook, Instagram, Twitter, Trello, or others according to Artist's discretion.

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

F. RIGHTS & USAGE

• Artist Rights

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

• Client Rights

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

2. 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.

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. Client can edit or modify the Work with prior permission from the Artist.

• Commercial Rights

1. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth) or as agreed upon. 

2. Commercial rights mean usage of Work on streams, videos and other monetized/promotional content, or selling or reselling Work to another party, as a part of any product, or on another platform.

3. In the case of design work for the definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production and modification purposes, commercial or personal. (Please clarify in further detail for each type of work if necessary)

4. In case of promotional collaboration, Client will receive a non-exclusive license to use, publish, transmit, display and distribute any of the artworks that are related to the collab in any and all media or distribution methods now known or later developed for promotional purposes only, with full credit given to the artist. Any additional usage beyond promotional purposes will incur an extra fee, subject to further discussion and agreement.

5. 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.

G. PAYMENTS & FEES

1. Full payment is required after mutual agreement on the sketch. The Client can pay a 50% downpayment for higher-value projects.

2. Invoices, proposal or payment link 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.

3. Invoices must be paid within 72 hours, or the project may be cancelled.

4. Prices are in USD, and paid via Paypal (+5% transaction fee), or TransferWise.

5. Prices may vary or change depending on complexity, requirements and/or additional requests.

6. 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.

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

H. CANCELLATION & REFUNDS

1. If Client requests cancellation, 100% of project fees may be forfeited if cancelled within 2 weeks before work starts. A partial to full refund may be provided if there is more than 2 weeks' notice.

2. No refunds are possible after work begins unless initiated by the Artist, or unless the Artist violates terms mentioned in previous sections.

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 only.

I. CONFIDENTIALITY

The Artist and Client acknowledge 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.

K. INDEMNIFICATION

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 are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.

L. ACCEPTANCE

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 first inquiry/communication or first transaction.