Terms of Services

The 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

a. request / proposal

  1. Client to provide clear objectives and requirements , including complete reference materials and/or assets before "Start of Work".

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

  3. Client warrants all reference materials provided to the Artist are legally obtained and authorized for use by both parties.

  4. Client to grant the Artist non-exclusive rights to replicate Client's character design and reference materials for Work use

  5. Client is authorized to enter this agreement, be the point of contract and is solely responsible for decisions making and approval of the Work-in-Progress.

  6. Artist to commit the best of their ability in good faith and assures the Work is 100% original according to Artist's authenticity.

  7. Artist may use commercially licensed, copyright-free and/or educational materials, assets and tools during the process, however excess use of unauthorized material and any form of plagiarism are prohibited.

  8. Artist to define scope of work, feature, price, deliverables and other proposal details in a format according to Artist's discretion, including but not limited to direct messages through any SNS, Google Docs and/or E-mail.

  9. Any details set forth by the artist shall be agreed upon by the Client before "Start of Work".

b. communication

  1. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, etc.

  2. Communication channels may include Twitter Direct Messages, Google Spaces, Discord or Telegram according to Artist discretion.

  3. Artist response time may vary, up to 3 working 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.


2. process

a. timeline

  1. Artist provides sketches to Client for ideation during "Start of Work". Upon approval of sketch to be final, the Work will be considered as a "Work-in-Progress".

  2. Timeline depends on commission type, complexity, and workload.

  3. Work is estimated to complete within 3 working days upon request submission, larger scale projects may take up to 60+ days depending on each project.

  4. Final deliverables are provided by the Artist using E-mail, Google Drive or similar file transfer tools, in PSD, PNG formats as applicable. Any files hosted via Google Drive will be available for the Client to download for up to 60 days.

  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 30 days through standard communication channels.

  7. Client have the right to request refunds 30 days after deadlines according to 5.c. if Work has not been delivered and there was no agreed upon amendment to the timeline.

b. revision

  1. Artist provides progress updates timely for feedback. Client is allowed to provide revisions per progress update.

  2. Unlimited revisions are allowed during "Start of Work". However, revisions may be limited after sketches had been approved, and is considered a "work-in-progress".

  3. Each work-in-progress contains 4 development phases: R&D, Base, Render, and Finalize. A Checkpoint is assigned in the end of each phase of development to the "Work-in-progress", which a progress check would commence.

  4. A major revision is allowed per Checkpoint by the Client during the process. Additional major revisions may require additional charges.

  5. Revisions made during progress checks may affect progress and timeline.

c. content

  1. Artist will not create contents deemed explicit, offensive or inappropriate.

  2. Contents under this category includes explicit adult content, politics, religious beliefs and theories, and gender identities or cultures the Artist may be unable to portray authentically.

  3. In reference to section 1.a., copied styles are to be warranted by the client to be appropriate to use by the Artist according to the respective copyrighted character's Terms of Services.


3. rights & usage

a. 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 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.

  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.

b. client rights

  1. Clients receive non-transferable usage rights to the Work for personal use, but prohibited from claiming Work as their own.

  2. Personal use includes display on social media accounts for promotional purposes without direct monetization, such as profile icons, covers, 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 may not edit the final deliverables after delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.

  4. Clients should credit Artist using their social tag/username/link at relevant instances of display (websites, social media profiles, broadcast channels and so on).

  5. 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.

c. commercial rights

  1. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites or as agreed upon.

  2. 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.

  3. In the case of original design work 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 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. 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. Standard commercial licenses purchase typically range up to a minimum of 100% of the original cost, up to 300% depending on the requirements (e.g. NDAs, Merchandises / Prints, Ownership Transfer).


4. PAYMENTS & FEES

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

  2. Client pays upfront or full depending on the value of the project. The first payment of split payments is non-refundable.

  3. Illustrations are subject to pay 30%/50% depending on the value of the project; character design to pay 25% before start of work, 50% refundable upon approval of sketches. Other services excluded in this section should be paid fully before any progress may begin.

  4. The remaining balance is due at first complete watermarked or low-resolution preview of the final deliverables.

  5. 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.

  6. Invoices must be paid within 3 working days, or the project may be cancelled. Clients may request to reissue once before any reissue charges may apply.

  7. Prices are defaulted as USD, and paid via VGen, Stripe, PayPal, or methods as provided by the Artist.

  8. 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.

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


5. termination

a. cancellation

  1. If Artist is unable to start work or there are delays by any unforeseen reasons, the Client may be eligible for full compensation.

  2. If work done up to a point acceptable and able to be used by the Client at time of cancellation, the Artist will provide discounts according to the amount of work complete and partial deliverables will be sent to Client (as detailed in section 2.a.iv).

  3. Any cancellations made after work is fully completed will be omitted, and delivery of final deliverables and payments will proceed as normal.

b. refund

  1. Client may request cancellation anytime prior to Start of Work. If cancellation is made 2 working days in advance, full refunds may be provided. 50% cancellation fee may apply if cancellation is made within 2 days before Start of Work.

  2. No refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist as detailed in 5.a.

  3. Any transaction fees not responsible of Artist cannot be compensated and are forfeited.


6. acceptance

  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.

  2. 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.


By agreeing to these terms, you confirmed to be over 18 and legally able to commit to an agreement or have a legal guardian to make this agreement on their behalf.Agreement date is upon first inquiry/communication or first transaction. (or by use a digital signature program for a more legally binding and enforceable agreement if the Artist does choose to)

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