Digital Goods & Commission Terms of Service
1. Definitions
For the purposes of this Agreement:
"Artist" refers to the individual or business entity offering digital artwork, illustrations, designs, and related digital products.
"Client" refers to the individual or entity purchasing or commissioning digital products from the Artist.
"Digital Goods" refers to any digital-only products provided by the Artist, including but not limited to illustrations, character designs, portraits, downloadable art files, and any custom or pre-made digital content.
"Commission" refers to custom Digital Goods created at the request of the Client.
"Final Work" refers to the final delivered digital file(s) of a Commission or Digital Good.
"Personal Use License" refers to the limited rights granted to the Client as outlined in Section 7.
"Commercial Rights" refers to rights for business use, resale, reproduction, or revenue-generation, which require separate written agreement and payment.
2. Scope of Services
The Artist provides Digital Goods either as:
(a) Custom Commissions, created to Client specifications; or
(b) Pre-made Digital Items, purchased as-is.
All products are digital only and no physical items will be shipped.
3. Pre-Order Requirements for Commissions
3.1 The Client must contact the Artist prior to placing a Commission order.
3.2 The Artist may accept or decline any request at their discretion.
3.3 The Client must provide adequate references, descriptions, or materials necessary for creation of the Commission.
4. Commission Process
4.1 The Artist will supply an initial sketch or proof for approval when applicable.
4.2 The Client is entitled to two (2) revisions at the sketch/proof stage. Additional revisions may incur fees.
4.3 Upon sketch approval, the Artist will proceed to rendering, coloring, or finishing the Commission as agreed.
5. Delivery Timeline
Estimated completion time for Commissions is dependent on the type of the Commission. A maximum of 30 days may be allotted for the completion of any order prior to issuing any refunds and cancellations.
Digital Goods are delivered through Etsy messaging, email, or file-sharing services such as Dropbox.
6. Refunds and Cancellations
6.1 Refunds are not available once the Artist has begun the coloring, rendering, or finalization stage of a Commission.
6.2 Due to the nature of Digital Goods, all delivered digital files are non-refundable.
6.3 The Artist is not responsible for Client dissatisfaction arising from failure to review sketches, references, or proofs when offered.
7. Copyright & Licensing
7.1 Copyright Ownership
All copyrights, intellectual property rights, and moral rights in the Digital Goods and Commissions remain with the Artist unless otherwise transferred in a written agreement.
7.2 Personal Use License
Unless commercial rights are purchased separately, the Client is granted a non-exclusive, non-transferable license to use the Final Work for personal purposes only. This includes personal printing, display, and non-commercial social media use with credit to the Artist.
7.3 Prohibited Uses Without Commercial Rights
The Client may not:
- Use the Final Work for any commercial, promotional, or revenue-generating activity
- Resell, redistribute, or sublicense the image
- Mint or distribute the work as NFTs
- Use the work in AI training datasets
- Claim authorship of the work
7.4 Commercial Rights
Commercial usage requires a separate written agreement and an additional licensing fee, negotiated prior to delivery of the Final Work.
8. Artistic Style & Limitations
8.1 The Client acknowledges the Artist's stylistic choices, including visible line work where applicable.
8.2 The Artist does not guarantee likeness beyond reasonable artistic interpretation when working from photographs or descriptions.
8.3 The Artist may decline requests involving prohibited content, including but not limited to hate imagery, explicit material, or otherwise unlawful subject matter.
9. Delivery of Digital Goods
The Final Work will be delivered in PNG, JPEG, PDF, or another format as agreed.
No physical prints or items are included unless stated explicitly.
10. Returns, Exchanges, and Support
Digital Goods cannot be returned or exchanged.
The Artist will provide reasonable post-delivery support for file-access issues but is not responsible for third-party printing errors or color variations.
11. Governing Law
This Agreement shall be governed by the laws of the Artist's country of residence, unless otherwise required by platform-specific policy (such as Etsy's Terms of Service).