TERMS OF SERVICE

This Terms of Service Agreement (“Agreement” /or “ToS”) is entered into between the Artist (Nurilicious) and the Client for the commission of an artwork (“Work”). By commissioning the Artist, the Client agrees to the following terms:

  1. ENGAGEMENT
    1. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
    2. Client grants to the Artist non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.
    3. Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorised for use by the Client.
    4. Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
    5. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.
    6. Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
    7. Artist warrants that they will not copy or heavily reference unauthorised materials.
    8. Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.
    9. Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord or BlueSky, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.

  2. CONTENT RESTRICTIONS
    1. Artist will not create content that is explicit, offensive, or inappropriate.
    2. Specific restrictions include but are not limited to: furries, mecha/robots, explicit adult content, underage characters/fetishes, excessive muscles, gore, copied styles, real people from photographs, hyper-realism, graphic design, tattoo design, elderly, heavy armor/weapons, tropophobia
    3. The Artist is willing to draw men/male-representing characters, as well as: anthropomorphic characters. The Client acknowledges, that the Artist is not used to draw those topics often, so the Client is recommended to check out the portfolio/artworks section of the Artist here, or on the Artist’s Vgen, to check if their art style really fits the Clients needs.

  3. TIMELINE AND PROCESS
    1. Work completion requires 14 business days minimum, and may take up to 60 business days depending on each project.
    2. Timeline depends on commission type, complexity, and workload.
    3. Client should plan launches and streams accordingly.
    4. Artist provides progress updates and seeks Client feedback voluntarily.
    5. Final deliverables are provided by the Artist using email, Google Drive or similar file transfer tools, in high-res PNG, and low-res, watermarked JPEG formats as applicable. Any files hosted by the Artist will be available for the Client to download for 14 days.
    6. If there are any delays and adjustments to timeline, the Artist will inform the Client.
    7. Clients must first agree to delays and amendments to timeline exceeding 60 days through standard communication channels. 
    8. Clients have the right to request refunds 14 days after deadlines according to 8.3. if Work has not been delivered and there was no agreed upon amendment to the timeline.
    9. Clients can be put on a waitlist, that is publicly visible through trello. Being put on the waitlist comes with no cost. The client will be notified, when their turn arrives and their commission will begin shortly. At that time, the client may cancel their commission request, if they no longer desire to work with the Artist. Should the client not cancel their request, their waitlist slot will be transferred to the “to-do-list” and they will only then be sent the invoice for their commission. After the invoice is paid in full, the normal commission process will continue as stated in these terms of service.

  4. REVISIONS
    1. One revision is allowed per item shown to the Client during the process.
    1. Additional charges for excessive revisions may be required (+15-35% depending on complexity).
    2. Revisions may affect progress and timeline.
    3. Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.
    4. “Skeb-like” Commissions do not include any revisions at all.

  5. COMMUNICATION
    1. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more, unless it is a Skeb-like Commission.
    2. Communication channels may include Discord, e-mail, or others according to Artist discretion.
    3. Artist response time may vary, up to one week in order to provide better or more concrete updates.
    4. The Artist and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.
    5. Should the Client not reply within 30 days of receiving drafts or work in progress photos, the Artist considers the commission cancelled by the Client. In this case, already paid money will not be returned, drafts are not stored and the Artist will proceed with any existing image as they see fit.

  6. RIGHTS & USAGE
    1. Artist Rights
      1. The Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch) and more.
      2. The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client’s intellectual property rights and ownership of their likeness, character design, branding, identity design or any such trademarks.
      3. The Artist retains the non exclusive rights to sell merchandise and prints of their Work, unless exclusive commercial rights are purchased by the Client.
    2. Client Rights
      1. Clients receive non-transferable usage rights to the Work for personal use. Refer to Section 6.3. for commercial rights.
      2. Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels.
      3. Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on.
    3. Commercial Rights
      1. Commercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, emotes, and so forth) or as agreed upon. 
      2. Commercial rights may differ for each commission type.
        1. Creator Use rights (consists of 1,5x the commission price) means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances
        2. Commercial Use rights (consists of 3x the commission price) means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.
      3. In the case of original design work for the purpose and definition of the Client’s brand identity such as character design, and more, intellectual property rights of the designs and their likeness are exclusively granted to the Client for use, production and modification purposes, commercial or personal.
      4. Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.

  7. PAYMENTS & FEES
    1. Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work (usually 2-5 business days after receiving the commission request). Clients must not send money before these requests for payment from the Artist.
    2. Client pays all payments in full upfront.
    3. Invoices must be paid within 48 hours, or the project may be cancelled.
    4. Due to the use of the so-called “small business regulation”, pursuant to 19 Section 1 of the UStG, the Artists offers and invoices do not report or calculate sales tax. // GER: “Im ausgewiesenen Betrag der Rechnung des Künstlers ist gemäß § 19 UStG keine Umsatzsteuer enthalten“.
    5. Prices are in EURO (€), and paid via PayPal, or Stripe, as provided by the Artist.
    6. Prices may vary or change depending on complexity, requirements and/or additional requests.
    7. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.
    8. The Client may ask for rush orders, if they are not shorter than 10 business days. They are negotiable within an additional 30-50% fee according to the shortened time and overall workload of the Work.
    1. Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.

  8. CANCELLATION & REFUNDS
    1. The Client may request a cancellation at any given time, however the percentage of the refund will depend on the progress that has been made on the Work so far. A Client that receives a refund in any of these stages, will not receive the file of the Work that has been worked on.
      1. Sketch: 75% refund
      2. Flat colours: 50% refund
    1. The Client acknowledges, that refunds do not cover any fees, PayPal / Stripe or the Clients bank may charge. If i.e. 50€ were paid by the Client, in case of a 50% refund, 25€ is going to be sent back to the Clients account by the Artist.
    2. No refunds are possible after the rendering stage of the Work begins unless initiated by the Artist and except for circumstances due to the Artist as detailed in 8.3. and Section 3.
    3. If the Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund according to the amount of work complete.

  9. CONFIDENTIALITY
    1. The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

  10. INDEMNIFICATION
    1. Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
    2. If Client’s rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.

  11. ACCEPTANCE
    1. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
    2. Agreement date is upon first inquiry/communication or first transaction.

Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail. Any statement can be bound to change if discussed with the Artist prior to the commission.

IF YOU AGREE TO THESE TERMS, PLEASE CLICK: “I UNDERSTAND”