This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work"). 'The Artist' will refer to both the Artist or Live2D Rig Specialist through the entirety of the Agreement, dependent on context and Work being discussed.
By commissioning the Artist, the Client agrees to the following terms:
Terms of Service
-
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 and reference material for the use of the Work.
Client warrants that the character design and reference material provided to the Artist are legally obtained and authorized 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 warrants that they will not copy or heavily reference unauthorized materials.
Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
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, VGen platform or email.
The details set forth by the Artist shall be agreed upon by the Client before work begins.
-
Artist will not create content that is explicit, offensive, or inappropriate to or for any character under 18 or perceived to be under 18.
Specific restrictions include but are not limited to any racist caricatures, NSFW with anyone under 18, and commissions with genitalia or other NSFW content will be on a case by case basis.
Furry/Animal requests are accepted, but on a case by case basis and will require extra communication between the Artist and Client. -
Work completion requires 1 month minimum, and may take up to 8 months depending on each project.
Timeline depends on commission type, complexity, and workload.
Client should plan launches and streams accordingly.
Artist provides progress updates and seeks Client feedback voluntarily.
Final deliverables are provided by the Artist using the VGen platform, Google Drive or Email. Copies will be kept by the Artist for up to 2 years to simplify any future updates or commissions by the Client. Client will be immediately notified if there are any changes or issues with storage.
If there are any delays and adjustments to timeline, the Artist will inform the Client immediately.
Clients must first agree to delays and amendments to timeline exceeding 6 months through standard communication channels.
Clients have the right to request refunds 3 months after deadlines if Work has not been delivered and there was no agreed upon amendment to the timeline. -
Two major revisions are allowed per item shown to the Client during the process, prior to coloring or line art.
After line art, only minor revisions are allowed, not to exceed three.
Additional charges for excessive or large scale revisions after the initial two may be required.
Revisions may affect progress and timeline.
Any revisions after delivery will be subject to additional charges. -
Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
The Client is free to ask for updates at any point in the process.
Communication channels may include the Hybrid Effigy Discord server (link provided upon project acceptance), Discord DMs, or Trello Updates according to Artist discretion.
Artist response time may vary, up to 1 week in order to provide better or more concrete updates. -
Artist Rights
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.
Client Rights
Clients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to next section for commercial rights.
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 and channels, excluding use in content of these websites or channels.
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.
Client must not edit or modify Work in any way without prior permission from the Artist.
Commercial Rights
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.
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.
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.
Additional charges will be required for commercial usage if not included, typically 2x of the original cost.
-
Client pays either full amount at time of order, or can inquire about payment plans.
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.
Invoices must be paid within 72 hours, or the project may be cancelled.
Prices may vary or change depending on complexity, requirements and/or additional requests.
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.
Client warrants they will not issue charge backs and the refund policy mentioned below will be followed.
-
If Client requests cancellation, 50% of project fees may be forfeit if cancelled within 2 days before work starts. A partial to full refund may be provided if there is more than 2 days’ notice.
No refunds are possible after work begins unless initiated by the Artist.
If Artist cannot complete work or there are delays 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. -
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.
-
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.
If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first. -
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.
Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.