TERMS OF SERVICE AGREEMENT

Before starting a project, we need to make sure we are on the same page so there aren't misunderstandings and to protect against fraud, so please take some time to read through these terms! Thank you.This agreement is between I, the Artist, and you, the Client, for work services performed on a project known as the Work.

CONTENT

I, the Artist, have the right to refuse projects and requests according to my discernment and capabilities. Some content that I will not be comfortable with or may not be able to accurately represent well include:
— Furry / Furries
— Fully Mecha / Robotics
— Explicit NSFW
— Heavy gore / Violence
— Heavy detailed background
— Political artworks
— Cultures I am unfamiliar with / may not be able to represent properlyI, the Artist, warrant that the Work will be my original work performed to the best of my ability.Artistic style is subject to minor changes as I improve and develop as an artist.I warrant that the Work is 100% original according to my best knowledge. I warrant I do not copy or heavily reference any materials or art I do not own (excepting for existing character design accuracy) while producing the Work.I have the right to use existing commercial licensed or commercial free construction assets such as brushes, vectors, symbols, patterns. templates, and more, and educational material such as anatomy, pose reference, tutorials and so on.Material and design direction such as mood boards and examples are referred to as inspiration, not reference, and will not be closely observed.

TIMELINE & PROCESS

The completion of the Work requires 2 weeks at minimum, and may typically average 6 weeks to 3 months, depending on commission type, complexity, and workload of commissions. Deadlines and timelines will be adhered to in good faith but may not be possible sometimes. Note that each project may vary. Please plan your launches and streams accordingly.There may be three (3) major revision(s) for each item shown during the process, not including mistakes made by the Artist. Revision later in the process such as after line art can only be minor. I will actively reach out for feedback.Additional charge may be required for further revisions that may impact the progress and timeline of the project.Delivery of finished Work will be through Google Drive.

COMMUNICATION

Communication will take place throughout the entire project timeline with updates and bouncing ideas. I will typically ask for feedback when I have something to show. I will let you know if anything is causing delays or priority shifts in the project.I will contact you via the socials you have inputted in the Google Form to facilitate communications. I will typically respond quickly but may also take up to atleast a few days which is usually in order to provide a better, more concrete, update.Clients agree to provide all required art, references, information and assets before Work starts and during the process, or it can affect the timeline.

RIGHTS, USAGE & CREDITS

ARTIST RIGHTSI retain original copyright and ownership of the Work, which includes but may not be limited to redistributing, reproducing, advertising, displaying the Work in my websites, social media and portfolios according to my discretion. I have rights to repurpose unused process work for future projects, personal or otherwise.The process will likely be posted i.e. on Twitter and/or streamed on Twitch or Youtube unless Clients request otherwise before project begins. A NDA or confidential commission status may be subject to a +10% fee.CLIENT RIGHTSClients are granted exclusive rights for personal use of the Work produced as agreed upon, which must not be transferred to any other parties. Personal use includes: Social media profile pictures, signatures, layouts, themes, wallpapers, personal website display and social media posts that are not for sale or distribution to any other party.Clients may not claim Work as their own or anyone else’s and therefore must credit me as the Artist using my social tag @mysticdrawsart.COMMERCIAL RIGHTSUnless specified in the commission information or otherwise discussed and agreed upon, commercial licenses and reselling rights are not included. Commercial means usage on streams, broadcast content, or any monetized work (i.e. including but not exclusive to: merchandise, monetized videos, music releases); and reselling rights means selling the Work to another party or another platform or on any platform.Any Work done or made available to the client must not be used for AI (Artificial Intelligence), Machine Learning, AI/ML Training, NFT, blockchain or any for profit platforms or purposes. Such usage is completely prohibited and may result in legal action taken.Commercial licenses require additional charges of twice the base price or on a case-by-case basis.

PAYMENTS, CANCELLATIONS & REFUNDS

PAYMENTBefore starting the project, the Client pays at least 50% down payment with the remaining 50% on delivery.Prices are in USD/PHP, and paid via Paypal, Ko-fi or GCash. Prices may change depending on the complexity of the commission.★ FOR PAYPAL: Invoices will be sent to you via the invoice link once Work is ready to begin.Payment links will be sent at least within a reasonable amount of time, not during waitlist or consultation process. Do not send payment without my request. When the payment receipt is sent, the Client agrees to pay within 72 hours unless circumstances are communicated otherwise in advance, or the project/waitlist position may be canceled by the Artist.By engaging on any project, once Work has started, or transactions have been made, the Client acknowledges the product and deliverables are DIGITAL and there are no physically shipped goods to receive. Chargebacks are not permitted and the refund policy as mentioned will be followed.CANCELLATION & REFUNDIf Client requests cancellation, 50% may be forfeit if less than 2 days before Work starts. Once Work begins, refunds are not possible unless initiated by the Artist.If for any unforeseen reason I cannot complete the Work or the Work is significantly delayed by 4 months, I will take initiative to inform you and provide a partial refund if Work done up to this point is accepted or full refund.

AGREEMENT

I reserve the right to refuse to accept projects.By commissioning, you confirm you are at least 18 and above or have a legal parent/guardian to agree to all of the terms of service as listed above.The date for this agreement is upon the first transaction made.

• big thanks to @keyokku for the TOS! •

COMMISSION

Artworks are fully rendered with free solid/gradient background unless specified otherwise (see Add-on custom background).EMOTES — $10 / ₱500 per emote
BUST UP — $15 / ₱750
WAIST UP — $25 / ₱1,250
FULL BODY — $50 / ₱2,500
WALLPAPER STYLE — $85 / ₱4,250Add-on custom background — $10 / ₱500
adds semi-detailed/detailed background to artwork✓ WILL DO:
— Original Characters
— Fanart
— Real People (heavily stylized)
— Simple Background
— Demi-humans (characters with human body features but with animal ears, horns and tails)× WON'T DO:
— Furry / Furries
— Fully Mecha / Robotics
— Explicit NSFW
— Heavy gore / Violence
— Heavy detailed scenery
— Political Artwork
— Cultures I am unfamiliar with / may not be able to represent properlyPayment methods through PAYPAL or KO-FI only. 50% down payment is required to start commission.Delivery of finished Work will be through GOOGLE DRIVE.Please read the full Terms of Service before proceeding with the transaction! Thank you so much.