Terms of Service

By commissioning the Artist, the Client agrees to the following terms:

A. Service1.) All illustrations will be made fully rendered. This means all illustrations will be fully colored, given depth, shadows, highlight and other related creative aspects to the best of the artist's abilities with respect to the requests of the client.2.) The final illustration will be delivered in two formats (.jpg and .png) with 3 resolutions each (100%, 50% and 35%). The lower numbers may differ depending on the original resolution.For example:
If the agreed resolution is 5,000x5,000, then the client will receive a .jpg and a .png of the final illustration with resolutions of 5,000x5,000, 2,500x2,500 and 1,750x1,750 in each format.          2.1.) In addition to the above, the artist will also provide a "Glazed" version of the 35% resolution version of the final illustration. This is provided so that the client may use that version in case they are worried about malicious AI models and users stealing the art they commissioned when they post it publicly in social platforms like Twitter.          Glaze is an artwork protection software developed by Prof. Ben Zhao, Shawn Shan and their colleagues in the University of Chicago that is designed to disrupt an AI model's ability to "learn" an image and mimic artstyles by applying artifacts that are barely visible to the human eye. To learn more about them, visit their site or Twitter below.
https://glaze.cs.uchicago.edu/
https://twitter.com/theglazeproject3.) For works that are not listed in the commission information (e.g. animation, character design sheet, comic panels), the client may discuss the project and their plans with the artist via DMs.          3.1.) The pricing will be heavily dependent on the complexity of the project.          3.2.) The duration of the work will be heavily dependent on the complexity of the project.          3.3.) The rest of the terms of service will still be applicable to the work and its related elements regardless of the form of the final product (e.g. .mp4, .gif, printed) and the wording in the terms (e.g. work, final illustration)

B. Revisions1.) Major revisions (e.g. pose, hair flow, composition) are only allowed during the sketching phase of the work. Major revisions will not be accepted once the Client has approved the final sketch.2.) Only minor revisions (e.g. eye color change, removal/addition of small details) are allowed after the final sketch.3.) Client must make sure to communicate the revisions clearly and completely.

C. Client Engagement1.) Please provide the artist with complete details and visual references for the commission.          1.1.) Due to the nature of the technology, images and text that were generated in whole or in part by Artificial Intelligence will not be accepted.                    1.1.1) Exempted here are text that were translated using machine translation (e.g. Google Translate, DeepL)2.) The client may use the artist's previous works as references. Visit the artist's portfolio via the link below and add the link of the illustration you wish to use as reference for the commission.https://xfolio.jp/en/portfolio/Nyahirokun

D. Timeline + Process1.) Depending on the complexity of the commission, the work may take 2-3 weeks after the payment has been settled.2.) The artist will provide the client updates every 4 days or less. However, the artist may also ask for client feedback anytime during the project period.          2.1.) The client may ask for an update anytime via established communication channels (e.g Discord, Twitter).          2.2.) A reply from the artist will depend heavily on their availability. If an update cannot be provided at the moment that the request was sent, the artist will inform the client accordingly.          2.3.) If updates are frequently requested, there is a possibility that the artist may not provide very substantial progress report compared to a report that was made after a few days of work.3.) In the case a delay may occur, the artist will inform the client accordingly.4.) A refund may only be requested if the artist has not delivered the final illustration 2 MONTHS has passed after the agreed commission deadline.

E. Artist Rights1.) The artist retains the copyright of the final illustration along with its ownership, redistribution and intellectual property rights.          1.1.) The artist is ALLOWED to display the final illustration in social media platforms.          1.2.) The artist is ALLOWED to display the final illustration in portfolios for the purpose of employment and future commission businesses.          1.3.) The artist is ALLOWED to display the progress of the work via public broadcast channels (i.e. Twitch, Youtube).2.) The artist have the right to deny a commission based on content, subject or other reasons.3.) The artist will leave a watermark of their name and date of completion in the final illustration.

F. Client Rights1.) Client agrees that the rights they have on the final illustration is PERSONAL USE ONLY.          1.1.) Displaying the final illustration in social media accounts (e.g. profile picture, banners and posts) are ALLOWED.          1.2.) Printing and framing the final illustration in personal spaces is ALLOWED.          1.3.) Displaying the final illustration on a personal and non-monetized website (e.g. blogs) is ALLOWED.2.) Client will NOT claim the final illustration and its related elements such as work-in-progress screenshots as their own.3.) Client must always provide credit to the artist using their social username or link on every instance of the final illustration they create such as but not limited to in social media profiles or websites.4.) Client must NOT create edits or modify the final illustration without the acknowledgement of the artist.

G. Commercial Rights1.) By default, commercial usage rights are not included in the final illustration.          1.1.) Commercial Usage Rights means the monetized usage of the final illustration like monetized livestreams, selling or reselling the final illustration to another individual or entity either as is or as part of a product.          2.) It is strictly prohibited to use the final illustration, its work-in-progress screenshots and other related elements for AI (Artificial Intelligence) tools, platforms or programs; ML (Machine Learning) tools, platforms or programs; AI or ML training; NFT (Non-Fungible Token) creation; blockchain technology.3.) Commercial usage can be acquired by informing the artist and settling the additional charge of 2x of the original cost.For example:
The commission's original cost is $100. It will now cost $200 if the client wish to acquire the commercial usage of the final illustration.

H. General Rights1.) The final illustration must not be reposted or used in any way by any other party outside of the transaction without the express consent acquired from the client and artist.

I. Payment1.) Currencies of the prices are in USD and are paid via PayPal. The artist will send an invoice after the approval of the final sketch and the client must settle that payment in 72 hours or the commission may be cancelled.          1.1.) If the client lives in the Philippines, they may inform the artist for more convenient, local transaction platforms. (e.g. GCash, PayMaya). Prices will still be based in USD and conversion will be based on Paypal's USD to PHP conversion value.2.) Client must pay 50% of the final cost of the commission for the work to start.For example:
If the commission costs $100, the client must pay $50 at the start of the project.3.) Client must NOT issue chargebacks unless the refund conditions are met in Section D.4..For questions regarding the terms of service, please contact the artist via Discord or Twitter DM.
https://twitter.com/Nyahirokun
http://discord.gg/ZFVdVw2PIf you've reached here, I just want to say thank you very much for reading all of that! I look forward to work with you and for a long-lasting and meaningful relationship as Client and Artist.

• COMMISSION INFO