Terms of Service for Personal Commission

1. ENGAGEMENT

   1. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.

   2. 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.

   3. 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.

   4. Artist may use commercially licensed, copyright-free materials, assets.

   5. Artist warrants that they will not copy or heavily reference unauthorised materials

2. CONTENT RESTRICTIONS

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

3. ARTIST RIGHTS

1. By default, 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, exempting when some or all of these rights are transferred to the Client under express agreement or project specifications.

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.

4. CLIENT RIGHTS

1. Personal use means: display on social media accounts for promotional purposes with no direct monetization or sales, such as social media 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; or any other instances where no monetization of, or of content featuring, the Work is involved.

2. 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 where possible.

3. Commercial usage rights are not included in general commissions, unless specified in the commission type or project specifications listed on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth), or is purchased by the Client and agreed upon.

4. Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.

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.

5. PAYMENTS & FEES

1. 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.

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

3. Prices are in USD, and paid via Wise or PayPal.

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

5. 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.

6. Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.

6. CANCELLATION & REFUNDS

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

7. CONFIDENTIALITY

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.

TOS template by @keyokku (X)