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Terms of Service Agreement

This agreement is between I, the Artist, and you, the Client, for work services performed on a project known as the commission.By commissioning me in any kind of way, you are agreeing to the terms of service below.Any statement can be bound to change if discussed with me, the Artist, prior to the commission.ContentI, 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 representing include:- Fully mech/robotic- Loli or underage- Excessively muscular form- Copying others Artists styles- Gender identities and cultures I feel I may not be able to accurately or authentically portray or represent wellTimeline & ProcessThe completion of the Work requires 3 weeks at minimum, and may typically average 3 weeks to 2 months, depending on commission type, complexity, and workload of commissions. Deadlines will be adhered to in good faith but may not be possible sometimes. Note that each project may vary.Work In Progress will only be given if the Client personally asks for it.WIPs might be given as well if I, the Artist, wonder something about the commission.There may be major revisions for each item shown during the process. 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. (Such as an outfit change, addition or subtraction, background change or anything that makes me have to redraw it completely)Delivery of finished Work will be through Google Drive.CommunicationCommunication 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 use Twitter DMs or Discord DMs to facilitate communications. I will typically respond quickly but may also take up to one week, 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.Clients agree to remain respectful and agree that communication channels I provide are for business and professional use only. Client and Artist will not for any reason digress from business discussion for the majority/duration of the project.Rights, Usage & CreditsArtist 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 on Twitter and/or other social media unless Client requests otherwise before the project begins.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 picturessignatureswallpaperssocial media postsphysical prints and products that is not for sale or distribution to any other partyClients may not at any time modify, edit, change the Work without permission from the Artist.Clients may not claim my artwork as their own or anyone else’s and therefore must credit me as the Artist using my social tag/username/link (shushanoe).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 artwork to another party or another platform or on any platform.Any artwork 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.Commercial licenses require additional charges of 100%/2x / on a case-by-case basis / as listed in the commission information.Payments, Cancellation, RefundsPaymentBefore starting the project, the Client pays in full.Invoices will be sent when work is ready to begin at least within a reasonable amount of time, not during waitlist or consultation process. Do not send a payment without my request.When invoice or payment link is received, the Client agrees to pay within 24 hours unless circumstances are communicated otherwise in advance, or the project/waitlist position may be cancelled by the Artist.Prices are listed in USD internationally, and paid via PayPal or other methods as provided by the Artist. Prices may change depending on complexity of the commission.By engaging on any project, once Work has started, or transactions have been made through Paypal or any payment service provider, the Client acknowledges the product and deliverables are DIGITAL and there is no physically shipped good 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 or be partially to fully refunded if there is more than 2 days notice 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 2 months past deadline, I will take initiative to inform you and provide a partial refund if work done up to this point is accepted or full refund.Business ClientsFor businesses, agencies, organizations, management and groups, please contact me to arrange in more detail.AgreementI reserve the right to refuse to accept projects if it does not fit with me.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 inquiry/communication for the commission or upon the first transaction made.