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Artwork commissions' Terms of Service Agreement

Last updated: 2026-03-26, 01:24 PM [UTC-7]. (This timestamp indicates the date and time of the most recent revision to these Terms and does not reflect their original publication date).

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
    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 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 original Work 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 unauthorized materials.
    8. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons; further details are provided in the clause CONTENT RESTRICTIONS.
    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 email, DeviantArt, Instagram, Reddit, Bluesky, Tumblr, Newgrounds, Facebook or Twitter/X.
  2. CONTENT RESTRICTIONS
    1. Artist will not create content that is explicit, offensive, or inappropriate.
    2. Specific restrictions include but are not limited to adult content, gore, public figures not interpretting a fictional character and gender identities or cultures the Artist may not be able to portray authentically.
  3. TIMELINE AND PROCESS
    1. Timeline depends on commission type, complexity, and workload. Completion requires a minimum of one (1) week and may take up to one (1) month, depending on each commission.
    2. Client should plan launches and streams accordingly.
    3. Artist provides progress updates and seeks Client feedback voluntarily.
    4. Final deliverables are provided by the Artist via email, Google Drive, MediaFire, or similar file transfer services, in the file format requested by the Client where applicable. Files hosted by the Artist will remain available for one (1) month. After this period, the Client may request a reupload; however, continued availability is not guaranteed.
    5. If there are any delays and adjustments to timeline, the Artist will inform the Client.
    6. Client must first agree to delays and amendments to timeline exceeding one (1) month through standard communication channels.
  4. REVISIONS
    1. Multiple are allowed per item shown to the Client during the sketching process.
    2. One (1) revision is allowed per item shown to the Client after the sketching process (there won't be any full preview of the Work after the sketching process).
    3. Additional charges for excessive revisions may be required.
    4. Revisions may affect progress and timeline.
    5. Client may not edit the Work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.
  5. 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 DeviantArt, Instagram, Reddit, Bluesky, Tumblr, Facebook or Twitter/X, according to Artist discretion.
    3. Artist response time may vary, up to three (3) days 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.
    5. On Twitter/X, messages from accounts not followed by the Artist may be sent as requests and may not be visible or notified. Clients are therefore encouraged to use other contact methods or platforms where possible.
  6. RIGHTS AND USAGE
    1. Artist General 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 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.
      3. The Artist retains the non exclusive rights to sell merchandise and prints of their Work, unless exclusive commercial rights are purchased by the Client.
    2. Client Rights for Personal and Commercial Use Licensed Works
      1. Client receive non-transferable usage rights to the Work for personal use. (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 the Work as their own or as that of any third party. The Client may choose whether or not to credit the Artist.
      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 or is purchased by the Client and agreed upon by the Artist.
      4. Commercial rights may differ for each commission type. (Commercial broadcast rights means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances; commercial distribution rights means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.)
      5. In the case of original design work and assets for the purpose and 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 transferred to the Client for use, production and modification purposes, commercial or personal.
      6. Usage of Work for Artificial Intelligence tools, platforms or programs; Machine Learning tools, platforms or programs; Artificial Intelligence or Machine Learning training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.
      7. Additional charges will be required for commercial usage if not included in the project type, listing, or specifications; such costs will be discussed at the Artist's discretion.
  7. PAYMENTS AND FEES
    1. If the cost of the Work is less than $50 (fifty US dollars), the Client shall pay the full amount upfront prior to the commencement of Work.
    2. If the cost of the Work is equal to or exceeds $50 (fifty US dollars), the Client shall pay 50% (fifty percent) upfront before Work begins, with the remaining 50% (fifty percent) due prior to delivery of the final result.
    3. Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Client must not send money before these requests for payment from the Artist.
    4. Invoices must be paid within 48 (forty eight) hours, or the project may be cancelled.
    5. Prices are in USD, paid via PayPal or 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.
  8. CANCELLATION AND REFUNDS
    1. Client have the right to request refunds during and after deadline if Work has not been delivered and there was no agreed upon amendment to the timeline.
    2. If the Client requests cancellation, a full refund will be issued if the request is made during the sketching phase; a 50% refund will be issued if the request is made after the sketching phase.
    3. If Artist does not complete Work or there are delays as detailed in Section TIMELINE AND PROCESS for unforeseen reasons, the Client may be eligible for a full refund.
  9. CONFIDENTIALITY
    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.
  10. 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 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.
  11. 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.