Kuki's Art TOS

Disclaimer:
If you plan on buying any service of mine, please do pay attention when reading this page. By purchasing a commission/adopt/custom from me, it is assumed that you have read through this page thoroughly. You automatically agree to all of these terms once you are in the process of buying a service from me. Please do read carefully.

Section A | Client's rights:
I. For no reason, whatsoever, may my artworks be used for commercial use. All commissions/adopts/customs are sold for personal use ONLY.
II. As the client, you may use my artwork for any art gallery that holds your characters.
III. You may not claim my artwork/designs as your own work. That includes placing my work in any post/gallery/folder where you state it is your own artwork.
IV. Any service/design of mine shall not be used to create NFTs nor shall it be fed into AI.
V. Any post you make including my work needs to credit me with any of my links (it can be my Toyhouse, Discord, Ko-fi, etc.)
VI. You have the right to create physical items that feature the artwork you have paid for as long as it is intended for personal use ONLY.
VII. As the buyer, once you have bought my design, you have permission to slightly alter it. Alterations are not allowed if they completely erase important aspects of the original design. If you feel unsure whether or not it may completely change the entire design, please contact me.
VIII. You, as the client, may not resell any of my artwork. You are allowed to trade or give it away to another user/person but reselling will automatically blacklist you.IMPORTANT: If you, as the client, break any of these terms, you will be blacklisted from ANY of my services, and I will be obliged to warn other artists and clients of your misdeeds. If you fail to comply by certain terms (such as selling my artwork or merchandise of my work with no agreement to do so... etc.), I will be obliged to form a lawsuit against you.

Section B | Artist's rights:
I. As the artist, I have the right to place my product in my portfolio.
II. I am allowed to decline a request or send a refund when I feel inclined to do so if at any moment I have any emergencies or obstacles in my life that may cause me to pause any commissions I may have.
III. I reserve the right to decline a request if I do not feel comfortable with the client's order.
IV. Harassment is not at all tolerated. Once you start to harass me (for bargains on my services, refunds when the work is fully finished, because I missed a small detail of the original design, etc.) I will automatically blacklist you from my services.

Section C | Copyright:
I. As the artist, I own 100% of the rights to the original artwork.
II. As stated before, all of my services are sold with the purpose of being personal use ONLY.
III. My work is not for commercial use at all. If you want the work to be used for any commercial use, (such as selling merch for your persona) contact me so we can come to an agreement via a contract. I will ignore your request if you are not willing to make an agreement via using/creating a contract.
IV. No matter if a design is altered, I still own the rights as the original artist to the artwork I have created for the client.

Section D | My Services:
To begin, if you do not feel comfortable with what I list out I can draw, please do not order any service of mine. If you cannot find what you are looking for, please again do not order a service of mine.

Section E | Payment:
This section will include how paying for these services work, my refund policy, and what happens if there is a chargeback. Please make sure to check each portion of this section.

Payment
I. I use Ko-fi which accepts payments via Paypal or Stripe. Ko-fi does not need clients to have accounts to pay in case that may be a concern.
II. For my protection as an artist, I receive payment front-up instead of after the product.
III. My prices will be listed out, but it may vary due to the complexity of your request. I will send you an invoice of the price of the product as soon as you order it.
IV. USD Currency is the only currency I will expect. Money conversions are up to the customer so please check carefully.
V. I will request the payment when I find an open slot, look over your order, and decide that I can fulfill your commission.
VI. I will only begin the process of sketching once you have sent the money.
VII. Payments must be sent at least 48 hours after your request. I will not accept the request if you do not pay.
VIII. If for any reason you cannot pay by 48 hours after the request, you can contact me if you'd like to be placed on a waitlist until you are able to pay. As stated before, your drawing will be started on after you have paid.Refunds
I. If no work has been started and the client asks for a refund, as the artist, I will refund 100% of the payment.
II. Once I have sent a sketch of your order, I will not be accepting any refunds. It is to protect me as an artist.
III. Refunds should be used for emergencies ONLY! I will not accept any refunds without any explanation as to why you are requesting one.Chargebacks
I. Chargebacks are NOT allowed once I have finished or sent you your order!
II. Sending a Chargeback on purpose and with malintent will automatically get you blacklisted. I will not accept any requests from you even if you contact me with an alt account.
III. If there has been an error or malfunction with your request, please contact me!! I do not want to accidentally blacklist you if it was only an error!
IV. If you do not contact me when an error occurs, I will assume you sent a chargeback on purpose.

Section F | Work:
This will include my work schedule, when to expect your order, and what will happen once I have finished said order. This section will also request additional information on how the client should request their order as well as how to send me references.

My Work Schedule:
I. Once the payment is received, I will begin the process of starting the client's order.
II. I can finish an artwork around 5 days to 3 weeks. This may change at anytime, especially if I become busy with other activities.
III. I will accept deadlines that are open to my work time. If the deadline ranges to closely to the date of the client's request, I will decline it.
IV. I work with slots and lists. I can notify you when you are next up in line if you ask to be notified.What I ask for when you order:
I. Ko-fi allows for image uploads when sending an order.
II. It is REQUIRED for you to send a reference sheet or any image that will work as a reference if you are ordering a commission.
III. It is REQUIRED for you to send a moodboard or at least a few images that can describe to me what you expect for a custom. I am not responsible for customer unsatisfaction if the customer did not send me any to little images.
IV. You are allowed to send me a description of what you are looking for. This will only be used as a guide for me to create your order. I will not feed this to AI if that is a concern.

Thank you for reading my TOS! I appreciate it if you have or plan on supporting me. ♡