KUARAYA

TERMS OF SERVICE
By commissioning me, you accept my terms of service.

GENERAL

• Clients must provide clear and complete requirements upfront, including reference materials or assets before the work begins.
• I will not create content that is explicit, offensive, or inappropriate.
• The commissioner respects that my artistic style cannot be altered.
• I reserve the right to deny any commission.


PAYMENTS

• The payment will be processed on Etsy. The full payment is required before the start of the commission.


REVISIONS

• SKEB/Surprise me! commission type doesn't include revisions unless there are faults in the final artwork due to my mistakes. In this situation, one revision is allowed.
• For other commissions, one revision is allowed.
• Additional charges will be applied for excessive revisions.
• Any revision request must be made in 3 days for illustrations and 1 week for vtuber models if the final work is delivered.
• Clients may not edit the work after final delivery without my approval.


TIMELINE, DEADLINES AND DELIVERY

• Work completion requires 1 week and may take up to 4 months depending on each project.
• The timeline depends on commission type, complexity, and workload.
• If clients require a deadline earlier than specified times in commission details, a rush fee may be applied.
• Final deliverables are provided by the artist via the VGen platform, email, Google Drive, or similar file transfer tools in specified file formats in commission details. Any files hosted by the artist will be available for download for 1 month.
• If there are any delays or adjustments to the timeline, the artist will inform clients.
• Clients must first agree to delays and adjustments to timelines up to 1 month through standard communication channels.
• Clients have the right to request refunds 1 month after deadlines if work has not been delivered and there was no agreed-upon adjustment to the timeline.



INTELLECTUAL PROPERTY RIGHTS

Artist General Rights
• By default, the artist retains copyright, ownership, redistribution, and intellectual property rights, which include but are 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, exempting when some or all of these rights are transferred to the Client under a direct agreement or project specifications.
• 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.
• The Artist retains the nonexclusive rights to sell merchandise and prints of their work unless exclusive commercial rights are purchased by the Client.

Client Rights for Personal Use Licensed Works
• Clients receive non-transferable usage rights to the Work for personal use.
• Personal use means display on social media accounts for promotional purposes with no direct monetization or sales, such as social media profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in the content of these websites or channels; or any other instances where no monetization of, or of content featuring, the Work is involved.
• Clients must not claim Work as their own and must credit the 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 where possible.

Client Rights for Commercial Use Licensed Works
• Commercial usage rights are not included in general commissions unless specified in the commission type or project specifications listed on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth), or is purchased by the Client and agreed upon.
• Commercial rights may differ for each commission type. Commercial broadcast rights means usage of Work on streams, videos, advertisements, and other content, or any similar monetized instances; commercial distribution rights means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.
• In the case of original design work and assets for the purpose and definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively transferred to the Client for use, production and modification purposes, commercial or personal.
• 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.
• Additional charges will be required for commercial usage if not included in the project type, listing, or specifications, typically 2x of the original cost.


REFUNDS

• A full refund is possible before the beginning of the project.
• No refunds are possible after the work begins unless for circumstances due to the artist as detailed below.
• If the artist cannot complete the work for various reasons during the discussed timeline, clients may require a full refund. If the unfinished work is accepted or used by clients, only partial refunds are possible.


COMMUNICATION

• Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
• Communication channels may include a dedicated commission discord server, X private messages, and VGen messages.
• The artist will not be responsible for any mistakes on the final version of any commission due to incorrect or missing information. It is the client’s responsibility to provide all relevant information when requesting a commission.