Terms of Service

By ordering a commission from me, Shai Panaga / shaipink ("me" "my" "I"), you, the Client, 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, as well as a ban from any future commission slots or character sales. These Terms of Service are in effect as of April 24, 2022 and were last modified April 2, 2023 (edited game currency terms).

General

I reserve the right to refuse or cancel a commission for whatever reason, with or without explanation. See the Refunds section for more information.
I reserve the right to upload the commission on any/all social media unless specified beforehand to keep the commission private.
I do not authorize the commercial release of any AI training model based specifically off of my work.
Listed prices reflect my current rate and are not guaranteed to stay the same in the future.
I will not draw anything that promotes hate speech or any other kind of bigotry or abuse. This is to my own discretion.
If you try to circumvent these terms or violate them in any way, I will cancel your order and put your username on a public block/artist's beware list.

Image Rights

I reserve the rights to the image itself and may use it publicly in my portfolio, social media, or otherwise. You must specify before payment if you wish to keep your commission private.
You may make manual edits (including NSFW edits) to the completed commission, but do not obscure or crop out my signature. Please indicate edited commissions if posted.
I do not permit edits to my art using the assistance of AI image generation (e.g. Stable Diffusion, Midjourney).
You may use/reupload the commission for personal/non-commercial use, with proper credit and a link back to any of my social media (Mastodon, Toyhou.se).
Commissions for commercial use (i.e. producing prints, shirts, badges of the commission and reselling them) must be discussed with me beforehand; they are subject to a licensing fee. Printing for personal usage is okay.
You may not claim the commission as your own work.
I do not authorize the usage of my art or character designs in NFTs or other cryptocurrency ventures. I do not and will not participate in cryptocurrency. If any of my work shows up as an NFT, it is fraudulent. Please report it to me and the hosting service so I can issue a DMCA takedown.

Payment - Real Currency

Payment is to be made in full after I have accepted and agreed to your commission request. I will only start work after the payment has gone through, no exceptions.
For larger pieces, please ask if you would like to pay in installations. Progress will match the percentage of payment completed.
If you would like to commission multiple pieces, you can either pay in full or pay per piece. Paying in full will grant priority in the queue.
Payment is to be made via PayPal invoices only. I will send a link to the invoice via email or direct message. You do not need a PayPal account.
Payment via direct bank transfer is available through Swish (SEK).
Payment is to be done in USD (United States Dollar) or SEK (Swedish Krona). If paying in a different currency, it will be automatically converted and exchange fees are included in the commission price. Prices may fluctuate depending on exchange rates. Check the current rates here.
Payment must be sent within 72 hours after acceptance. If payment is delayed, the commission may be put on hold.
Though not required, tips are greatly appreciated! If a refund is needed, any tips will be included in the total amount refunded to you.

Payment - Game Currency

Occasionally, I take commissions for game currency (Pouflons, Terraliens).
I will also consider equivalent items as payment such as trait items or MYO slots.
Payment is to be made in full after I have accepted and agreed to your commission request. I will only start work after the payment has gone through, no exceptions.

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 shipping of any kind. PayPal may ask for your address for billing purposes.
All commissions will be sent via Discord, email, or Google Drive with the completed commission .PNG file attached. Raw project files (.PSD, .clip, .blend) will not be provided.
Unless you specify to not upload the commission publicly, commissions may be used in my portfolio or posted on my social media.
Commissions will only be posted on my social media after you have received and approved the final commission file.
Depending on the desired style and queue, the estimated turnaround is about 1 week to 3 weeks at the latest.
I will update you on progress frequently and I expect you to give feedback if you are unhappy with your commission. Feel free to draw over my art to communicate exactly what you want!
If you do not respond to my updates, I will put your commission on hold until you respond.
Please give me at least 2 workdays (Mon-Fri) to respond to any questions or inquiries.

Refunds

You may request a refund for any reason at any stage, but certain terms will apply.
Full refunds will not be given if you have approved a sketch and/or color blocking for final rendering. Approval includes phrases like "looks good!" or a thumbs-up emoji.
Partial refunds will be granted based on the amount of rendering already done, starting at 80% the initial invoice.
If refunded, you must be okay with me using your cancelled commission for something else, e.g. a YCH or personal work. You do not retain ownership of any concepts or sketches.
Please contact me if you want to cancel your commission. I will respond within 48 hours and refunds will be given after correspondence. The refund will be issued to the same payment method you used initially.
I am willing to make small edits to a finished piece for free for up to a month after initial completion. I reserve the right to decide what a "small edit" constitutes and to reject edit requests after this period.
You will not be refunded if you are unsatisfied with the commission. Any significant edits or changes must be requested at the sketch stage!
In the rare case I cancel a commission for personal reasons, you will receive a full refund, in addition to a .PNG file of whatever progress of the commission has been completed. As the cancellation is on my end, you still retain image rights and can use the art as you would a finished commission [see Image Rights section].
If you have violated these Terms of Service and I cancel your commission, you will receive a full refund but you will not retain image rights to what I have made for you. I will use your cancelled commission for something else, e.g. a YCH or personal work. You will be put on a public blocklist for breaking my TOS.

Character Design TOS

In addition to my commission ToS, character designs that I create are subject to these terms.

If designed for a particular Closed Species/Intellectual Property or Art Role-Playing Game (ARPG), refer to their TOS instead, especially in regards to ownership and commercial use.

Ownership

A toyhou.se page is required so that I may keep tabs on the design, as well as prove ownership. I can provide invite codes if needed.
Once paid for, you attain full rights to the character design, including commercial rights. All licensing fees are included in the given price.
I reserve full rights to the original character art and may display it in a portfolio or social media. The owner is granted a commercial license to the original character art and may utilize the image in merchandise or branding with credit and link back to my website (shai.pink).
You may edit the character and the character’s original art freely. Please indicate that the art is edited if you do.
You may not claim the character as your own creation. Any edits to the original design can be noted as collaborative (you can add yourself as designer in the toyhou.se credits).
Please do not delete the original art, but you may make it private.
Do not delete the design, so ownership logs stay accurate. If you no longer want the design, please trade, gift, or resell it. I may be interested in buying back the design, contact me if you'd like to do so!
I will relinquish credit of the design if you commission or produce pedophilic, incestuous, bigoted, or otherwise offensive or morally abhorrent content using the design. This will result in a ban from any future commission or design openings. This is to my own discretion.

Transfers of Ownership

When ownership is transferred, all rights and licenses of the character design are transferred. Any derivative designs (edits, alternate forms, etc.) must also be transferred.
Trading and gifting is acceptable.
Reselling for any amount is acceptable, even if received in a trade or gift.
I will not resolve ownership disputes if they occur. As such, I do not recommend "co-owning" designs.

Payment

All sales are final. If you no longer want the design, please trade or resell it.
Payment is to be done in full through invoice or direct payment.
Partial payment or payment installations may be considered, but upfront is preferred.
If the character design is not paid for in the expected time frame, it may be put back on sale.
Upon payment, you will receive the .PNG file of the un-watermarked image of the design. I will also transfer the toyhou.se profile to you.
Retracting a bid or otherwise invalidating an offer will result in a block.

Block/Beware list

These specific people are banned from owning my designs and/or requesting commissions from me. Breaching or attempting to circumvent my ToS, hate speech and harassment, or being on other blocklists will put you here. If serious enough, I will also link to a more in-depth explanation.

No one at the moment. Let's try and keep it this way!

Changelog

April 2, 2023 - edited game currency terms
September 9, 2022 - added game currency terms
April 24, 2022 - initial creation