Terms and Conditions
Last Updated: October 2024
Subject to Change Without Notice.
DISCLAIMER• By purchasing my services (art), you automatically agree to the following conditions.
• Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.
• If you are not comfortable with my Terms Of Service and/or are not willing to agree to the conditions, you may not request a commission.
• I do not allow my art to be used for AI purposes and alike. Please do not upload it to any AI sites as this could compromise my artwork.
• NFT usage is strictly forbidden.
• If you have any questions, please contact me
GENERAL
CLIENT• You, the Client, will be expected to first read my TOS and understand my general Commission Prices.
• You, the Client, may display my work on external sites as long as it is visibly credited and linked back to me. Toyho.use is preferred.
• You may not upload or host my work in any gallery that is intended to display your own work only.
• You may not claim my work as your own.
• Please only upload the watermarked file publicly unless otherwise discussed.
• 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.)
• In the case of an adoptable, you retain the rights to the character design.
• You are NOT authorized to change, modify, edit or use my works without my permission.
• You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.”
• Any harassment in an attempt to bargain for a commission (a ‘slot’) is not tolerated. This includes inappropriately worded comments on my profile, as well as private messages. I reserve the right to place anyone on the blacklist over harassment.
• Clients who have commissioned and/or received work before this TOS has gone into effect are still bound to its contents.
• These clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.
• By placing an order, you agree to these terms and conditions. Please read these terms carefully.
ARTIST• By commissioning me, you are purchasing my service as an artist only.
• I reserve the right to post your finished artwork in my gallery for any reason.
• I reserve the right to decline any project or client for any reason.
• I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.
COPYRIGHT• I reserve the right to sign and/or watermark my own work. I will send you a full resolution image (by email or via google docs or Discord), but my signature will remain on the Artwork.
• You are responsible for protecting your ownership over rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading on external sites.
• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise agreed upon. In the case of a Public Commission, I may do whatever I wish with the art (eg. post it to other sites such as Instagram) but will give proper credit to you for ownership of the character’s design.
• In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs. Therefore I will not reuse/resell the Artwork for personal or commercial projects unless agreed upon.
• In the case of an adoptable design, I will not reuse/resell the rights to the design once ownership is transferred to you, the Client.
NDA - PRIVACY REQUEST• If you wish for your request to be private, it must be stated during the ordering process.
• The privacy request entails that I am not allowed to share any WIPs on social media
• However, this also means that you must refrain from sharing any such spoilers yourself.
COMMISSIONS
ORDERING• You are expected to fill out the Commission Ordering form on the examples and prices post
• You will then get a reply from me discussing the details (if needed) as well as me confirming your slot.
• I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form.
• If your character is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the character, agree to simplified design changes) before the transaction is complete.
• Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.
• Any emails, private messages, and comments that you send must come in the following languages: English
• Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details.
• I will - after everything is processed and confirmed - send you an invoice. You need to confirm the payment with me before I start your order.
PAYMENT• I am not responsible for any mistakes that are made on your part over the course of the transaction.
• I will only accept USD via Paypal or CashApp as payment. You are responsible for making currency conversions.
• It is expected that you deposit at least 50% of the price upfront before I start. No exceptions unless otherwise discussed.
• After ~50% of the payment is sent, I will start Sketching. The Sketch will then be sent to you.
• I will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.
• Payments via Paypal are sent via Invoice method only unless otherwise stated. I will cover the Paypal fees as it is expected from the Artist per PayPal ToS. What you see is what you will have to pay.
• I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.
• If payment is not made in a timely manner (24h) after I've placed the Invoice, the commission will be cancelled.
Repeated counts of commissioning a project and failing to pay will result in blacklisting.
PAYPAL 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.
REFUNDS• I can refund 100% of the payment only if I have not started working on the lineart.
• Once I start the lineart there will be NO REFUNDS.
• I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.
• If I cancel a project, I will reimburse the lost fees and refund 100%.
• If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your said deposit if you back out of the Payment Plan.
CHARGEBACK• You are NOT authorized to issue a chargeback for any reason.
• If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.
• You are required to contact me when you need to cancel a commission request.
• Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.
QUEUE / SCHEDULING / WORK SPEED / DEADLINES• I usually respond within a day to your initial order inquiry. It can take anywhere from a few days, to a few weeks, to complete your order(s), maybe even longer.
• I will not accept orders that require any sort of deadlines.
• No harassment over my work speed will be tolerated, regardless of the time that has passed.
• I will work on commissions in the order they are recieved, but may switch to others for various reasons (i.e I'm awaiting a response on one order).
• You reserve the right to be notified of any delays.
• Unless stated otherwise, due to device limitations, all artworks will be drawn on canvases no larger than ~3000 x 3000. If you require artworks to be of a very specific and/or large scale, I will not be able to fulfill your order(s).
REVISIONS AND FEEDBACK• My work progress goes as follows: traditional sketch, imported to phone to begin digital lining, coloring and/or shading
• I will send a WIP (‘work in progress’) image after at least 50% of the payment is completed.
• These images will come in the form of .jpg or .png files as an attachment in the email or a DM.
• The responsibility is on you to ensure your order contains the details you want me to follow.
• I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.
• I will send a guaranteed WIP for the Sketch, Lineart and Flatcolor phases, but you are free to request a WIP at any given time.
• Up to two major revisions can be made during the sketching phase of the commission. Only minor adjustments within reason can be made afterwards.
• Each time I send a WIP to a client, I ask the client to provide feedback to me.
• Changes will only be made at the lineart stage. Color corrections will be made at the flat color stage.
• Any changes to the character or subject will be subject to a fee, and the fee will depend on the nature of the change.
• I will not be held responsible for any changes in ownership of the said character.
• After the order is completed, minor changes such as color adjustments are allowed if the missing or inaccurate elements are my faults (e.g., I overlooked details provided in the order).
• In the absence of feedback from the customer, any changes to the final piece will be subject to a fee.
• I will not redraw a completed commission unless payment is received for a second order.
CAN & CAN'T
What I can/will do:most animals
fantasy creatures
furries/anthros
humans/humanoids
mild gore/NSFW
original species
OCs and fan characters
monsters and demons
dark/demonic themes
simple weapons/ armor pieces
Kinda iffy on:plus sized characters
POC hair textures
short/curly/braided hairstyles
horses
birds
men and children
hands/feet
dynamic poses
(please do not take offense to some of these! I just have almost no experience drawing characters like this, so please be aware of that. I will obviously try my best if you still ask me to draw them)
What I can't/won't do:elderly characters
extreme bara/muscles
fetish/extreme NSFW*
robots/mechas/vehicles/fullbody armor/detailed weapons
drugs
slime creatures & insects
hate art
fanart°
extremely bright/detailed characters▪
backgrounds •
anything that might trigger my Trypophobia
* I will absolutely not draw anything involving genitals (i.e sex, masturbation)
° OC x canon couples are okay
▪if you're not sure if this applies to your character, feel free to show me first and I will tell you if I can handle them
• I have very little practice with backgrounds; I usually make it transparent or solid/gradient colors
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