terms of service

CONDENSED TOS
NOTICE: This is the CONDENSED version of the TOS.Detailed info may be missing. The sole purpose of this condensed version is for the Customer to have an easy overview of the main points. Please refer to the full TOS below for more detailed terms, which WILL apply to your orders.

TERMS OF SERVICE:1. ENGAGEMENT
a. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
b. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design and reference material for the use of the Work.
c. Client warrants that the character design and reference material provided to the Artist are legally obtained and authorized for use by the Client.
d. 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.
e. 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.
f. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
g. Artist warrants that they will not copy or heavily reference unauthorized materials.
h. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
i. 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 Discord or Twitter, VGen platform, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.2. CONTENT RESTRICTIONS
a. Artist will not create content that is offensive, or inappropriate.
b. Specific restrictions include but are not limited to: excessively detailed mechs or muscles, inappropriate content with underage characters, undisclosed kink art (I'm open to a lot, but please disclose it) racially insensitive materials, copy someone else's style or work3. TIMELINE AND PROCESS
a. Project completion will be completed within a maximum of 2 month, anything past this would be defined in the scope of the project & clearly defined before payment
a1. YCH projects are completed within 2 weeks.
b. Timeline depends on commission type, complexity, and workload. All work is tracked via public Trello board (found here https://trello.com/b/9dFLMCVv/waiting-space )
c. Client should plan launches and streams accordingly. Artist offers rush orders for a fee
d. Artist provides progress updates and seeks Client feedback voluntarily
d1. YCH / SKEB like commissions will be delivered as final products with no progress check-ins.
e. Final deliverables are provided by the Artist using the VGen platform, Discord, Google Drive or similar file transfer tools.
f. If there are any delays and adjustments to timeline, the Artist will inform the Client.
g. Clients must first agree to delays and amendments to timeline exceeding 2 months through standard communication channels.
h. Clients have the right to request refunds 2 months after deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline.4. REVISIONS
a. Unlimited revisions are offered during the sketch phase, once client confirms the sketch these revisions will be limited per stage
b. Client is allowed 2 minor changes in the linework stage & coloring
c. 1 minor color revision will be offered before final delivery
d. Revisions may affect progress and timeline.
e. SKEB-like commissions will receive 1 minor color edit upon completions
f. YCH commissions will receive 1 minor color edit upon completion to the custom elements of the design, base elements will not be edited unless agreed upon prior to start of commission5. COMMUNICATION
a. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
b. no communication will be made until completion for YCH or SKEB-like commissions
c. Preferred communications should be made via DM on discord (user id: locaalgremlin) if client is unable to use discord, then the direct messaging avenue on the platform will be used (toyhouse, vgen, ko-fi, bluesky or twitter)
c. Artist will reply to messages within 24-48 hours during commissions
d. Client agrees to reply to progress updates within 3 days to ensure timely work. Anything past this will cause project to take longer & artist will not rush due to that.
e. all sketch/wip updates will be watermarked (final version will not include these)6. RIGHTS & USAGE
a. Artist Rights
i. 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, public broadcast channels (i.e. Twitch) and more.b. Client Rights
i. Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.
ii. Personal use means: display on social media accounts for promotional purposes with no direct monetization such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites.
iii. Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
iv. Client must not edit or modify Work in any way without prior permission from the Artist.c. Commercial Rights
i. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth) or as agreed upon.
ii. Commercial rights means usage of Work on streams or any monetized instances, or selling or reselling Work to another party, as a part of any product, or on another platform.
iii. 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.
iv. Additional charges will be required for commercial usage if not included, typically 2x of the original cost.7. PAYMENTS & FEES
a. Client pays full and upfront for orders under $150 value.
b. Payment plans will be agreed upon before payment is made. 50% of project is required. All progress images sent before full payment will be heavily watermarked. Finals will not be delivered until 100% payment is made
b. 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.
c. Invoices must be paid within 72 hours, or the project may be cancelled.
d. Prices are in USD, and paid via VGen, Ko-Fi, PayPal, Venmo or Cashapp
e. Prices may vary or change depending on complexity, requirements and/or additional requests.
f. 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.
g. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.8. CANCELLATION & REFUNDS
a. Client may cancel for a full refund at anytime prior to project being marked as wip/sketch phase has started
b. Partial Refunds can be offered within reason after sketch phase, with the refunded amount reflecting work done. Work done will remain in ownership of the artist & not be given to client.
c. If Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund only.9. CONFIDENTIALITY
a. 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), or are incorporated into the deliverables, 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
a. 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.
b. If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.11. ACCEPTANCE
a. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
b. Agreement date is upon first inquiry/communication or first transaction.Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.

Simple design examples

Full Ref sheet examples

prices can vary based on complexity of design/idea/background

Commercial use is 100% cost of project