TERMS OF SERVICE
General Terms and Conditions
In this agreement, Yuki is referred to as “the Artist.”
By commissioning the Artist or purchasing the Artist’s artwork in any way, you agree to all of the terms and conditions stated in this agreement and A Kami Tale AI Policy.
If you are not comfortable with any of the statements within these Terms of Service and do not agree to or accept these conditions, the Artist has the right to decline your commission request.
The Artist reserves the right to use commissioned artwork for portfolio display, self-promotion, and publication on social media. If the Client requests that a commission remain private and unpublished, a Privacy Fee will apply.
The Artist reserves the right to decline any commission for any reason at her discretion.
Ill behavior will not be tolerated. If the Client fails to comply with the rules provided, the commission may be cancelled.
These Terms of Service and all statements contained within this document apply to any and all work projects and commissions, including, but not limited to, past projects and digital items purchased through Ko-fi, that the Client/Customer chooses to engage in with the Artist.
These Terms of Service are not limited to a specific period and apply perpetually.
These Terms of Service also apply to all winners of raffles, giveaways, and freebies, as well as all free artwork and free work projects created in collaboration with the Artist.
The Artist is not responsible if commissioned artwork is rejected by Twitch, Discord, or any other platform, social media service, or streaming site.
It is the Client’s responsibility to ensure that their commission request complies with the guidelines, rules, and Terms of Service of the platform on which the commissioned artwork will be used.
The Artist will not sign any contracts provided by Clients and will only work in accordance with the Terms of Service stated in this document.
Process
Clients must provide clear references, ideas, and instructions when commissioning the Artist. Clients must complete a form provided by the Artist and include all key references necessary for the completion of the project.
Once the commission has been approved, the order will be added to the Trello queue for tracking.
A sketch will be provided for the Client’s review. This is the stage at which major changes may be requested.
After the sketch has been approved, only minor adjustments will be allowed, such as small color tweaks or the addition of previously mentioned details. Major changes, pose alterations, concept revisions, or structural modifications will incur an additional fee.
Once the final files have been delivered, the commission is considered complete. Any additional changes requested after delivery will be subject to additional charges.
By purchasing a commission, the Client acknowledges that the transaction is for digital goods only.
By default, the Artist is permitted to share the process of creating the Client’s emotes on Twitch, Twitter/X, and other social media platforms. This right can be waived by paying the applicable Privacy Fee.
The primary line of communication is email (xxx), through which the Client will receive the Line Art for approval and the final product.
The emote sizes provided to the Client are 500 × 500 px and 128 × 128 px.
After the final version has been sent, the Client has 48 hours to request any corrections.
Timeframes
Commissions are completed in the order in which they are received unless a Rush Fee is applied.
Once the commission order has been confirmed, the average completion time is between 10-20 working days. However, completion may take up to or exceed 3 months from the starting date, depending on the size of the order and the Artist’s workload.
The timeline depends on the commission type, order size, complexity, and the Artist’s current workload.
Completion times may vary depending on the size of the queue and the complexity of the project.
By commissioning the Artist, the Client acknowledges that delays may occur and agrees to allow adequate time for completion.
By agreeing to these Terms of Service, the Client agrees to remain regularly in contact with the Artist. If the Client fails to respond to the Artist’s messages within 48 hours, the Artist may move on to another commission, which will result in a delay to the Client’s order.
Client-caused delays are not a basis for a refund.
Copyright and Licensing
Commissions are for personal use only, unless commercial rights are purchased.
The Artist retains full copyright ownership of all commissioned artwork unless otherwise agreed upon in writing.
The Client is not permitted to copy, edit, modify, resell, recolor, redistribute, or otherwise use the commissioned artwork for any purpose other than the purpose for which it was originally commissioned, without receiving permission from the Artist in the form of an official agreement or other proof thereof.
Clients may use commissioned artwork on streaming platforms, including Twitch, YouTube, Discord, and similar platforms, as well as on social media.
Clients may not: resell the commissioned artwork, redistribute the commissioned artwork, mint the commissioned artwork as an NFT, print the commissioned artwork, sell the commissioned artwork as merchandise.
Commercial rights, including the right to use graphics for merchandise, prints, and giveaways, require an additional fee of 100% of the base commission price.
Payment
All prices are listed in USD.
Payments are processed via PayPal invoice only.
Any additional fees, including taxes paid in the Client’s country or additional PayPal administrative fees, are the responsibility of the Client and will be added to the final fee.
Clients may cancel their commission freely before payment has been made.
Chargebacks or payment disputes will result in an immediate permanent blacklist.
The Client is responsible for covering all additional fees and costs associated with their commissioned work, including, but not limited to, complex character fees, Rush Fees, revision fees, and any other applicable additional charges.
Prices may vary or change depending on the complexity of the commission, requirements, and/or additional requests.
The Client may choose the payment plan that best suits them.
The Client may choose between the following two payment options:
Full Payment Upfront: The Client pays the full commission price before work begins.
50% Deposit: The Client pays a 50% non-refundable deposit of the total commission price to confirm their order.
The Artist will not begin or proceed with the commission until payment has been received through either Payment Option 1 or Payment Option 2.
If the Client chooses Payment Option 2, the remaining balance must be paid after all sketches have been approved and confirmed by the Client.
The Client acknowledges that the commissioned artwork and all deliverables are digital items and that no physical items will be received or shipped.
Extra Fees
If applicable, additional fees may be added to the commission.
Commercial Rights Fee - 100% of the Order. The Commercial Rights Fee allows the Client to use the commissioned artwork for merchandise, prints, and giveaways. Purchasing Commercial Rights does not give the Client permission to use the artwork as an NFT or for any AI-related content.
Privacy Fee -10–50% of the Order. The Privacy Fee ensures that the commission process will not be livestreamed and that the Client’s emotes will not be displayed on the Artist’s social media or included in the Artist’s portfolio. The Client’s name will also not be displayed on Trello.
Rush Fee - 10–50% of the Order. The Rush Fee moves the order to the beginning of the queue immediately and gives it priority over other orders.
Cancellation and Refunds
All payments are considered final.
If the Artist is unable to complete the commission due to unforeseen circumstances, a partial or full refund will be issued based on the stage of completion.
Refund eligibility is determined at the sole discretion of the Artist.
Chargebacks or payment disputes filed without prior communication will result in immediate termination of the commission and a permanent blacklist from future services.
Contact
The primary method of contact is email (xxx) and Twitter/X (xxx).
DO NOT contact the Artist through her personal social media accounts.
DO NOT ask for follow-ups during the Artist’s stream.
Failure to comply with these communication rules may result in the Client being banned from the Artist’s main social media accounts.
TOS Breach
Violation of these Terms of Service will result in a permanent blacklist from future commissions.
Unauthorized use of emotes, including piracy or AI edits, may result in copyright strikes being issued against channels where the unauthorized emotes are used.
Well that was a fun read!!