Terms of Service

TERMS OF SERVICE

DISCLAIMER

By purchasing my services (art), you automatically agree to the following conditions
Please read this entirely and carefully
Please only commission me if you are comfortable with my Terms Of Service
Using my art for AI purposes and alike is prohibited!
NFT usage is strictly forbidden!
If you have any questions, please feel free to contact me

USER AGREEMENT

By commissioning me, you agree that you have read and accepted my Terms of Service.
You will agree here to the policy of using the art for non-profit purposes unless otherwise stated, and provide all image credits to me.
Violators will be added to my blacklist indefinitely and without warning.

01 General Terms

Prices are subject to change based on demand
All listed prices/rates are in EURO
The listed amounts are base prices: extra fees may apply for complicated backgrounds, complicated accessories/weapons/other items, complex designs or commercial usage rights (such as printing the artwork as merchandise/goods, product advertisement)
I have the right to reject any order for any reason

02 Payment

Currency accepted is EURO and can be paid through PayPal or Stripe
Commissions can be paid either 100% upfront or split 50% upfront and 50% after sketch approval
VTuber models (art, rig or package) have additionally the option to be paid in weekly or monthly installments – please consult with me!
Don’t send me any payment before I have agreed to give you a slot! I will send you an invoice via PayPal or Stripe
No payment required to be placed in my queue if commission status is open (check below for closed waitlist details)
If payment is not received after a month of sending the invoice, the client may lose their spot in queue
Full payment must be completed before I deliver any files

03 Process & Delivery

Commission completion times vary depending on factors such as health, circumstances that are out of my control, the complexity of the commissioned piece and other work!
Artwork commissions can vary from a few days – 3 months
VTuber model commissions (art/rig) can vary from 1 week – 6 months +
The finished commission will be delivered in full resolution as .jpeg and/or .png with transparent background (unless a full illustration with backgrond was requested)
VTuber model commissions (art/rig) that will be paid in installments will only be handed out to the client once the commission is fully paid
The finished VTuber model commission will be delivered with the ready to rig model .psd file and/or the .moc3 file including all neccessary files and textures for the VTuber model to function

04 Revisions

Changes requested during the sketching process are free of charge
A fee will be added if you want something changed on the final drawing – unless a misunderstanding from my side has been made
If you wish for me to change something in the drawing you have previously approved, I will charge you a fee to change it. The amount of the extra charge depends on the change you want me to make
Minor revisions on rigging commissions are free of charge
Major revisions on rigging commissions may incur an extra charge
Within a month after completion of the VTuber model, you may still ask for fixes free of charge. After that time period has passed, charges will be applied for further revisions on the VTuber model

05 Copyright, Usage & Credits

I retain all copyrights to post the commissioned artwork online, in my portfolio as well as in publications such as art books (unless discussed otherwise)
I retain the right to post showcases and other WIP of VTuber models on my social media or stream the process YouTube/Twitch/TikTok/etc. (unless there is an NDA before debut, in that case showcases and WIPs will be posted after debut)
I will NOT profit further from the commissioned artwork unless the client breaks any of the terms
I will NOT claim the intellectual property (IP) of the commissioned artwork
It is possible to request a private artwork [= the commissioned art will not be posted online, in my portfolio or in any publication] for a NDA-Fee of 100EUR (this does NOT apply to pre-debut VTuber models)
Pre-Debut VTuber models can request their WIPs not to be shown on my social media channels until debut for a NDA-Fee of 50% of the commissions base price

All services listed include the rights for usage on platforms including but not limited to Twitch, YouTube, TikTok, etc.
The client is allowed to upload the commissioned artwork on social media with proper credits/linking to the artist
VTubers must credit me as their parent in their bio (Credits on Twitch or YouTube should be placed in a visible spot like in the panels or video description)
Using the commissioned artwork as profile picture does not require credits (but are always appreciated)
The client may NOT make profit from a commissioned piece (reselling, redistributing, uploading to POD-services, make prints, sell it as merchandise/goods etc.). Please consider requesting a Commercial Commission if you plan to sell the artwork as merchandise/goods or use it for product advertisement.
The client may NOT alter the commissioned artwork without my consent
The client is NOT allowed to use the artwork on any AI service!
The client MAY be allowed to sell the artwork if it is part of an Adoptable. Please discuss this with me prior to paying for the artwork
The client retains the rights to the intellectual property (IP)

The following is considered copyright infringement:

Reproducing/selling the artwork as merchandise/goods, using the copyrighted artwork for product advertisement if it was not purchased as Commercial Commission
Claiming the artwork as your own
Altering the artwork without my consent
using my artworks in AI tools for editing/animating or any other purpose

06 AI Policy

The usage of AI on my artworks is STRICTLY prohibited and will result in all licenses being revoked effective immediately. This includes personal use licenses and commercial licenses.
The usage of AI refers to, but is not limited to:

altering the work in any shape or form using AI (including edits, videos, touchups, animations, etc.)
feeding the work into AI/training it with my work
using the work to replicate my style with AI

These AI tools include but are not limited to ‘Grok’, ‘ChatGPT’, ‘OpenAI’ and ‘Meta AI’.

In case of the ToS being broken, a takedown of the work will be issued. Furthermore the person will be blacklisted from my services and if neccessary, legal actions can be taken by the artist.

07 Cancellation & Refund policy

The buyer is not allowed a refund once I started working on the commission
If for any reason I am unable to start your commission you will receive a full refund
If you cancel your order before I started it, you can get a full refund
Please notice that I will only refund the amount I received after PayPal/Stripe fees (depending on your order amount you may lose 20EUR or more)
If you are getting a refund, do not request a Paypal chargeback. I will transfer the money back to you myself
If you request a Paypal chargeback at any point when you were not allowed to ask for a refund you will lose all beforementioned rights to the commissioned piece and I will have the full right to profit further from it in any way. I will decline the chargeback and supply Paypal with our conversations in which we talk about the commission as evidence that I have completed work for you. Furthermore, you will be blacklisted for commissioning me again

08 About VTuber Commissions

VTuber model commission prices include full commercial usage
The client is allowed to sell the commissioned model not higher than the price that was paid for the model! If you sell your model together with other artworks and assets as a package, please inform me about it
In case of selling/giving away your VTuber model, please inform me before you sell it/give it away and after selling/giving away please notify me about the new owner
Commissioned VTuber models will be part of my portfolio and showcased (social media/Homepage/YouTube/…). However, it is possible to ask me to keep the model off public until after your debut! (NDA fee applies)

09 About Priority Commissions, Rush-Fees & Deadlines

Artworks

Artwork orders with a deadline of less than 2 weeks will be considered a priority commission

VTuber model packages

VTuber model package orders with a deadline equal or less than 10 weeks will be considered a priority commission

VTuber model rigging

VTuber model rigging orders with a deadline equal or less than 6 weeks will be considered a priority commission

[base price] + [50% of base price] = [base price of priority commission]
If you have a deadline for your commission, please mention this at the time of your request! I won’t accept deadlines that are told to me after I started working on the commission
I will not take VTuber package or rigging orders with a deadline less than a month from our first contact

10 About Installments

I offer payment in installments for bigger projects like VTuber Model Art/Rigging or Packages.

Work progress will be made in Milestones. Examples can be found below.

How installments work:

Weekly/monthly installments are possible
The amount to be paid per installment is individual to every client
A date per week/month will be set, where I will send the client an invoice with the agreed amount
The payment is due on the day of invoicing (a few days delay may be tolerated)
If an emergency comes up and the client is not able to pay the invoice, the client has to inform me! I’m very understanding if something unexpected happens and an installment needs to be skipped, as long as the client notifies me
Skipping installments without any notification will lead to the commission being put on pause. I will not progress on the commission any further until the issue is resolved

Please understand that the smaller the amount you pay in an installment is, the longer your commission will take!

Examples of Milestones/Progress

VTuber Model Art

≤25% of the commission price: Sketch (free revisions and changes)
~50% of the commission price: cut layers (underfill method), flat color
~75% of the commission price: rendering finalizing model art
100% of the commission price: completion and sending files to the client

VTuber Model Package

up to 50% of the model art price: Sketch (free revisions and changes), cut layers (underfill method) and flat coloring
up to 100% of the model art price: rendering and finalizing model art
up to 50% of the rigging price: rigging of the model
100% of the rigging price: completion and sending files to the client

※VTuber Model Package calculation example

A client orders Tier [Advanced] for 2000 Euro

The model price will be calculated as 800 Euro, which is the base price of a VTuber Model Art Commission

The rigging price will be the leftover amount of the package price, which would be 1200 Euro

11 WHEN COMMISSION STATUS CLOSED: Slot Reservations & Closed Waitlist Deposits

Artwork Commissions

The client agrees to pay a non-refundable deposit of 25% of the final artwork price to be placed on my waitlist when my commissions are closed
The deposit will go towards the clients final artwork cost and is not an additional fee
The deposit ensures, that I am compensated for any time spent proceeding to fill the slot again should the client cancel their order
If I cancel the clients order before the agreed upon starting date, the client will be refunded their deposit
The client may lose a portion of their deposit to transaction fees from the payment processor

VTuber Model Art & Rigging Commissions

The client agrees to pay a non-refundable 100EUR deposit to be placed on my waitlist when my commissions are closed
The deposit will go towards the clients final model cost and is not an additional fee
The deposit ensures, that I am compensated for any time spent proceeding to fill the slot again should the client cancel their order
If I cancel the clients order before the agreed upon starting date, the client will be refunded their deposit
The client may lose a portion of their deposit to transaction fees from the payment processor

12 Adoptables

Payment/downpayment must be done within 24h of receiving the invoice
I accept split payments
I accept Holds/Reservations for a non-refundable deposit of 25% of the purchase price. Full payment must be done within a month of reservation.
The Adoptable files will be sent within 24h once the purchase is fully paid
If the payment isn’t processed within the given timeline, I will cancel the order and put the Adoptable out for sale again
Adoptables come with commercial usage rights
You can use your Adoptable as OC and/or VTuber Model
When using the Adoptable as VTuber Model, please credit me as your designer in your bio!
You are allowed to alter the design of the Adoptable, but you are not allowed to alter the original artwork!
Adoptables are non-refundable
You are allowed to sell the Adoptable for equal or less of the purchase price
If you sell the Adoptable, please inform me about the new owner
In case of purchasing the Adoptable as a gift, let me know at the timing of purchase

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