TOS Agreement

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

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.

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.

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.

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.

Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.

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

The details set forth by the Artist shall be agreed upon by the Client before work begins.

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

Specific restrictions include, but are not limited to: mechas, explicit adult content involving minors or minor-looking characters, rape or non-consensual activities, excessive muscles, imitation of styles and any content that is harmful or promotes hatred of minorities or third parties.

If unsure, the Client will have the right to ask the Artist if these restrictions apply to their order.

Timeline depends on commission type, complexity, and workload.

Client should plan launches and streams accordingly.

Artist provides progress updates and seeks Client feedback voluntarily.

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

Some of the reasons why there may be delays in the process or delivery may be: bereavement, university studies, family commitments, motivational and/or emotional problems that obstruct the work, or any other reason that is an impediment. The Artist will always make every effort to ensure that no delays occur.

Final deliverables are provided by the Artist using the VGen platform, email, Google Drive or similar file transfer tools.

Revisions will only be allowed according to the process or type of commission you request (revisions are not accepted in skeb-type commissions).

Modifications will be allowed in the first process update (sketch).

Additional charges for excessive revisions may be required.

Revisions may affect progress and timeline.

Clients may not edit the work after final delivery.

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

Artist response time may vary in order to provide better or more concrete updates.

The Artist and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.

6.1. Artist's Rights

The Artist retains all copyright, ownership, redistribution and intellectual property rights, including but not limited to display, advertising, social media posting, portfolio and public streaming channels (i.e. Twitch).

6.2. Client's Rights

The Client receives exclusive and non-transferable rights to use the Final Work for personal use. See Section 6.3 for commercial rights.

Personal Use is understood as the right to display the Final Work on social media accounts for promotional purposes without direct monetization, such as profile images and posts; printing and framing in personal spaces; display as part of designs on websites and channels, excluding use in the content of these websites or channels.

The Client must not claim the Final Work as their own and must credit the Artist using their social tag/username/link at the time of viewing the Final Work or permanently on their websites, social media profiles, social media channels. transmission, etc.

The Client must not edit or modify the Work in any way without the prior permission of the Artist.

6.3. Commercial Rights

Commercial use rights are not included unless specified in the commission rate or as agreed.

Commercial Rights or Commercial Use Rights are understood as the use of the Final Work in broadcasts or any monetized instance, the sale or resale of the Final Work to a third party, as part of any product or on another platform.

The use of the Final Work for the purpose of training artificial intelligences (AI/AI), whether programs, tools or platforms of any kind intended for AI training, is strictly prohibited.

The use of the Final Work on any type of for-profit platforms related to NFT or Blockchain is strictly prohibited.

Additional fees will be required for commercial use of the Final Work if they are not included.

The Client must pay 100% of the Service before beginning the process. If agreed, the payment could be divided into two parts (50% in advance and the remaining 50% after the first update).

The entire payment will be made through the PayPal platform.

All prices are shown in USD currency, all payments will be made in USD currency.

Invoices or payment link will be sent to the Client when the Artist and the Client have agreed the request's details.

Client should not send money prior to the Artist's payment request(s). In case of any inconvenience related to this clause, the Artist is exempt from all responsibility.

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

Once the process has begun or payments have been made, the Client acknowledges that the Final Work is digital and that there are no physical goods to receive.

Customer warrants that it will not issue chargebacks and that the refund policy mentioned below will be followed.

In case of regret or cancellation of purchase, the Client can request a partial or full refund within the first 2 days before the start of work.

After 2 days after purchasing the Service, the customer can request a partial refund of the entire Service (50%).

Once the Artist has begun the work process, the Client will not be able to request refunds.

If the Artist is unable to complete the work (as detailed in Section 3) for unforeseen reasons, the Client may be eligible for a full refund. If the work done up to this point is accepted and used by the Client, the Artist will provide only a partial refund.

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.

Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.

Agreement date is upon first inquiry/communication or first transaction.