Terms of Service

Disclaimer

Please, read this thoroughly and carefully, or your comission will be refused due to not agreeing with the terms presented in this document.

  • My current situation is rough on the edges, and there may be days where I won’t be able to work. If there is any eventuality on my end, I will let you know if the work may be delayed.
  • I give consistent updates throughout the commission’s progress. If there are small fixes or changes, good chances are that they will get a green light.
    • Small tweaks/changes: mostly fine until the end of the project. Always ask.
    • Substrantial changes: I will let you know if a change is too big to be done at the current point of the commission progress.
  • I require references to work, even if a Character Design service is on place. This can be either descriptions (e.g. how they look, how they talk, about their personality, etc) or audiovisual resources (with pictures/illustrations being the most useful).
    • Try to be as clear as possible with your request. Being unreasonably ambiguous or attempting to change opinions/ideas too often, will make very likely that major changes end up denied, and the commission will proceed from there on without changes in direction—or it will be terminated.
  • If your budget is thight, I invite you to contact me and discuss the scope of the project. We may reach an agreement. I can also fraction payment in installments. (see Payment Information)
  • I reserve my right to refuse a commission.
  • NO AI POLICY: it is NOT allowed to use my art for any AI related purpose (e.g. gen ai). Do NOT upload my work to any AI related website.
    • Modifications done through AI processing are NOT allowed either.
  • NO NFT POLICY: usage for NFTs is completely forbidden.
  • If you aren’t comfortable with these Terms of Service, and / or you don’t agree with the conditions, your commission request won’t proceed.

If you have any questions, please reach out via vGen⮺ or Discord⮺ (prefered). Additionally, you may contact me at [email protected].

General

User Agreement

  • By commissioning me, you agree that you have read and accepted all the terms described throughout this document.
  • By accepting this policy, you will also agree to provide all assets credis to me. Violators will be added to my blacklist indefinitely, and without prior warning.

Client

  • You will be expected to first read my TOS and understand my general Commission Prices.
  • You may display my work on websites such as social media, or as part as your brand (e.g. Streaming), as long as the work is properly credited. (see: How to Credit?)
  • You agree to NOT claim my work as yours.
  • You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.
  • You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only (ie. NOT for sale).
  • You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.
    • Streaming use is A-OK. You don’t require an additional license. Remember to credit me.
  • Past Clients whom I have worked with, are still bound to the contents of these terms.

Artist

  • I am offering my services as an Artist only.
  • I reserve the following rights:
    • Post Works In Progress and Complete artworks on my social media or website.
    • Decline continuing with the project for any reason.
    • Decline continuing with the project and issuing a full refund due to the inanility to deliver at the given time.

List of excluded content

  • About R18:
    • (Artistic) Nudity is OK.
    • Pornography and anything that goes beyond that, are a NO.
  • About Mecha:
    • Spriteworks: OK.
    • Illustrations: excluded.
  • Furry.
  • Anything that I am not comfortable with.

Payment Information

Payments are powered by vGen. The rates displayed on my profile are set in USD by default. You may want to change your currency to USD back and forth to compare with your local currency.

  • By default, 100% Payment upfront is requested upon commissioning me.
  • I am open to discuss payment installments, or reducing the scope of the project to adjust to your budget.

Disclaimer

  • Please note that all of my sales are “Digital Artwork” and it is the Artwork’s “Intellectual Property” that is purchased by you, the Client.
  • Nothing is ever intended by either me or the Client, to be physically shipped to them.
  • I am not required ever to ship any item unless it was explicitly discussed.

Chargeback Countermeasures

  • You are NOT authorized to issue a chargeback for any reason, unless I have deliberately NOT worked on your commission after payment for a reasonable amount of time, without communication.
  • PayPal manfunctioning on your end, or authorizes a refund request without your knowledge, contact me immediately to address the issue.
  • If you wish to cancel your commission request, you must contact me first and express your intention.
  • Issuing a Chargeback without contacting me first to cancel or refund your request, will result in immediate blacklisting of your Email, Vgen Account, PayPal Account, and all of your social media accounts.

Revisions Policy

  • It is under your responsibility to communicate your request in enough detail, and make sure after reviewing my proposal, that the requirements for your project are A-OK.
    • If Payment has been already made, but you oversaw a detail or changed your mind: if it’s within reason, and also your budget, we can work together.
  • Small additions, additions or fixes are open to discussion throughout the process. If the requests get out of hand or disproportionate in number, I will let you know and I won’t issue further revisions.
  • Major revisions will be handled in a case to case basis. Bear in mind that it could imply a new payment, a new commission, or the interruption of the project. This list is not extensive but is a reference.
  • I am not responsible for any unsatisfaction on your end after completion and delivery of the project.
    • If feedback is not provided fast enough, within reason, I will continue the projeect based on what I know about your requirements.
      • Issuing revisions after lack of feedback will likely be denied.

Deadlines and Delivery Policy

There is no payment required to be on my waitlist.

The average delivery timeframe changes on a case to case basis. I may take either some hours, in the best case scenario, to some days or weeks depending on the complexity of the project.

Important: If I need to put our project on-hold temporarily (or resign from continuing due to my inability to deliver), you will be informed.

Rush-Fees are currently not available.

Use Policy

  • Unless expliclity agreed by both parts (Client and Artist), all commissioned works are Non-Commercial.
    • This license is enough to enable the use of the commissioned works for Streaming (e.g. alerts, scenes, etc).
  • Commercial use is currently not available.

Refund Policy

  • NO Refunds.
  • Only if I am unable to continue with your comission, I will refuse the entirety of the payment done.

Intellectual Property Rights

I have the rights to use the commissioned works as part of my portfolio (both on social media and own website), unless it is requested to remain unpublished for a period of time.

All artwork and content created by me, Kiseki 奇跡, is provided for personal use (unless explicitly agreed with the client) as outlined in this document. By commissioning me, you are granted a limited license to use the artwork under the agreed terms, not ownership of the artwork itself.

  • I, as the Artist, retain full and exclusive rights to the original artwork.
  • Altering, editing, or modifying the artwork is not permitted without my explicit permission.
  • Reproducing, redistributing, or using the artwork for commercial purposes requires prior agreement and additional licensing fees.
  • Signatures, watermarks, or other identifying marks on the artwork must remain intact and visible.

Any unauthorized use of my artwork, including tracing, copying, or claiming it as your own, will result in immediate blacklisting and further action as necessary.

How to Credit?

You will use my nickname, either Kiseki 奇跡 (prefered) or kiseki_miracle, and additionally include at least my Twitter handler.