ArtisticFeliXD's
TERMS OF SERVICE
By placing an order, you agree to these Terms of Service.
1. GENERAL TERMS & RESTRICTIONS
(Applies to ALL commissions: Personal, Commercial, etc.)
- AI / Machine Learning Prohibition: The Client may not use the Artwork, process work, concept sketches, or final Deliverables—in whole or in part—for AI training, generative AI models, machine learning datasets, or input into any generative AI software, platform, or service under any circumstances.- Copyright Retention: The Artist retains full copyright, title, and intellectual property rights to all Artwork, sketches, and preliminary assets. Purchasing a commission grants a usage license only, not a transfer of copyright ownership, unless a separate copyright buyout agreement is executed in writing.- Scope Enforcement: Any use of the Artwork or Deliverables beyond the agreed scope—including but not limited to using personal commissions for commercial profit, violating the AI/machine learning prohibition, or reselling/sublicensing assets without written consent—constitutes a material breach of this agreement and copyright infringement.- License Revocation & Fee Upgrade: Upon notice of unauthorized usage, the granted license is immediately suspended. Continued usage requires settling an expanded commercial licensing fee determined by the Artist, without limiting the Artist’s right to pursue formal copyright enforcement or DMCA takedown procedures.
2. Personal Use Commissions
Client Rights & Responsibilities:- Permitted Personal Usage: The Client receives a non-exclusive license for personal, non-commercial use only. The Client may display the final Deliverables on personal social media accounts, use them as personal avatars, or set them as personal wallpapers.- Personal Printing: The Client may produce physical prints or items strictly for personal use or personal display (e.g., room decor, personal phone cases). The Client must notify the Artist prior to printing.- Strict Commercial Prohibition: The Client may not use the Artwork or Deliverables for any commercial purpose, including resale, merchandise production, promotion of a business/brand, or any form of monetization.Artist Rights & Responsibilities:- Portfolio & Display Rights: The Artist reserves the right to post, display, and showcase the Artwork, process work, and final Deliverables across social media, online portfolios, art forums, personal websites, and as commission samples.- Commercial Rights Retention: Personal commissions grant non-commercial usage only. The Artist retains all rights to monetize, merchandise or commercially license the underlying Artwork. Upgrading a personal commission to a commercial license requires a separate agreement and additional fee.
3. Commercial Use Commissions
Client Rights & Responsibilities:- Scope of Commercial License: The Client is granted a commercial usage license restricted strictly to the agreed scope, channels, platforms, and products established in writing (e.g., in the invoice or project proposal).- Promotional Display: The Client may share and display the final Deliverables on social media and digital channels solely to promote the agreed commercial project.- License Limitations: Any expansion of commercial use beyond the agreed scope (e.g., adapting artwork meant for a book cover onto physical merchandise) requires a separate written license agreement and additional fee.Artist Rights & Responsibilities:
- Portfolio & Display Rights: The Artist reserves the right to post, display, and showcase the Artwork, process work, and final Deliverables across social media, online portfolios, art forums, personal websites, and as commission samples.
*Unannounced Projects: For unannounced commercial work (e.g., unreleased games, webtoons, VTuber assets), public showcase will be held until an agreed release date or client announcement.
- Secondary Commercial Monetization: Unless a full copyright assignment or buyout is explicitly executed in writing, the Artist retains the right to monetize the underlying Artwork through personal art books, physical prints, or other non-competing physical and digital products.
4. Important notes
- Time taken to finish a Commissioned Artwork is approximately 2 to 4 weeks (may vary depending on the complexity of the Commission(s))
- Prices may vary depending on complexity of the Commission(s)
*These Terms of Service can be updated or changed at any time.
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