Terms of Service

By ordering a commission from me, shai (“me”, “I”, etc.), you, the Client (“you”, “yourself”), affirm to have read and agree to be legally bound by the following Terms of Service listed below. Failure to abide by the Terms of Service may result in a rejected or cancelled commission with or without a refund and/or a blacklist/artist’s beware. Please note that these Terms of Service may be subject to change without prior notice.

These Terms of Service are in effect as of October 23, 2023 and were last edited on December 18, 2023. See Changelog at end.

GENERAL

  • I reserve the right to refuse the commission for whatever reason, with or without explanation.
  • I reserve the right to cancel the commission for whatever reason, with or without explanation.
  • I reserve the right to upload the commission on social media or to display in a portfolio.
  • Adult-oriented/suggestive/mature commissions may only be ordered by a Client 18 years of age or older. If I have any reason to suspect you are underage while asking for such a commission, the commission will be automatically rejected/cancelled.

BOUNDARIES

I am willing to draw any of the following:

  • Human, humanoid, or anthro characters
  • Feral or animal characters
  • Real life people (personal or public figure only, to my discretion)
  • Fanart and fan characters
  • Sexual themes, nudity, and/or fetish
  • Light gore (blood, bruises, wounds)

I will not draw any of the following:

  • Heavy gore (internal organs, exposed bone)
  • Non-consensual, diaper, or unsanitary fetish
  • Sexualized underage characters (in actual age and appearance)
  • Pedophilic or incestuous relationships or fetish roleplay emulating it
  • Sexualized feral or animal characters
  • Homophobic, transphobic, racist, or otherwise offensive or discriminatory material (to my discretion)
  • Any other morally abhorrent content (to my discretion)

PAYMENTS

  • Payment is to be made through VGen after you have approved the proposal. The sketch will be resized and watermarked. The commission will be on an “on hold” status until payment has been received.
  • For larger pieces, payment may be split into milestones.
  • You are responsible for any currency conversion fees.

DEADLINES & DELIVERY

  • All commissions will be done digitally. There will be no hard copies. You are paying for a service/digital good and will not require any shipping of any kind.
  • All commissions will be .PNG with dimensions ranging from 1000px – 3000px+, unless specified otherwise. Exceptions may be made, depending on the commission.
  • All commissions will be sent via e-mail or Discord with the completed commission .PNG file attached.
  • Depending on the desired style and queue, the estimated turnaround is about one (1) week to one (1) month at the latest.
  • If I need to take longer than one (1) month to complete the commission for any reason, you will be contacted and informed of the status of your commission and expected delay time.
  • Rush fee may be applicable if deadline is within ten (10) days of request.

IMAGE RIGHTS

  • You may use/re-upload the commission with proper credit or link back to my Toyhou.se page (@shai) or my VGen page (@shai).
  • You may make any edits to the completed commission, but if re-uploaded, it must be marked as edited, with proper credit or link back to my Toyhou.se page (@shai) or my VGen page (@shai). Do not edit the commission so excessively that it does not resemble the original anymore.
  • You may not trace over the completed commission to create new work.
  • You may not claim the commission as your own work.
  • You may not mint the image as an NFT/Non-Fungible Token.

INTELLECTUAL PROPERTY/CHARACTER RIGHTS

  • In the case of an character design purchase (adoptable) or character design commission (custom), you are free to make any edits to the design itself, including editing or drawing over the original artwork. Please mark pieces that are edited, with proper credit or link back to my Toyhou.se page (@shai) or my VGen page (@shai).
  • You, the Client, have full commercial license of the character design. I (@shai) must always be credited as the original creator when relevant, but you may credit yourself as an additional designer if large changes were made.
  • I reserve the right to display my original artwork of the character on social media or on my portfolio.
  • You may not claim the design as purely your own work.
  • In the case of Closed Species or ARPG designs, follow the respective Terms instead, as they are usually stricter.

REFUNDS

  • If you cancel the commission for whatever reason, you will receive a partial refund up to 70%, depending on how much of the commission has been finished. You will not receive any files of the commission and I reserve the right to reuse the piece elsewhere.
  • If I cancel the commission for whatever reason, you will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed. An unfinished commission on my part will have the same image rights as a finished commission.
  • If I have not started work on your commission within one (1) month of payment, you may request a full refund, no questions asked.
  • You will not be refunded if you are unsatisfied with the final commission. I am willing to discuss and make minor revisions, but any major revisions will be rejected.

REVISIONS

  • Any and all major revisions must be done at the sketch stage.
  • Minor revisions may be done after completion. I reserve the right to decide what constitutes a “minor” revision.
  • The only major revisions permitted after completion are details that I may have missed and was previously specified in the order form/correspondence while the commission was still in the sketch stage (ex. missing tattoo that’s essential to the character’s design).

COMMUNICATION

  • Communication is to be done via email (noogie@shai.pink) or via Discord (@noogies).
  • You may contact me at any time to ask for a progress check on the commission, though I ask to keep it reasonable.

Changelog

  • 23-10-2023: First published.
  • 18-11-2023: Clarified Image Rights and Intellectual Property/Character Rights section. Changed Boundaries to allow for adult-oriented commissions.
  • 18-12-2023: Clarified Boundaries, Payments, and Refunds section. Removed AI restrictions in Image Rights and added section on excessive edits and tracing.