Live2D Terms of Service
Before starting a project, we need to make sure we are on the same page so there aren't misunderstandings and to protect against fraud, so please take some time to read through these terms! Thank you.This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commission of an artwork ("Work"). By commissioning the Artist, the Client agrees to the following terms:ENGAGEMENTClient provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
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.
Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorized for use by the Client.
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. Client must have a design ready beforehand, otherwise a $100 design fee will be included. Client will only be allowed minor changes to design made afterwards, any additional changes will require additional charges.
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.
Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
Artist warrants that they will not copy or heavily reference unauthorized materials.
Artist reserves the right to refuse projects or requests based on content, subject, or other reasons. 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 Twitter, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.TIMELINE AND PROCESSWork completion requires 2 weeks minimum, and may take up to several months depending on each project. Timeline depends on commission type, complexity, and workload. Client should plan launches and streams accordingly. Artist provides progress updates and seeks Client feedback voluntarily. Final deliverables are provided by the Artist using the Discord, Google Drive or similar file transfer tools. If there are any delays and adjustments to timeline, the Artist will inform the Client. Clients must first agree to delays and amendments to timeline exceeding 1 month through standard communication channels. Clients cannot request a refund after original sketch has been approved. After this point, you will have to wait for your commission to be finished. If you need more updates, do not be afraid to ask!REVISIONSYou will be given the chance to ask for adjustments after the sketch is done, and once again after the flat colors are placed. Once receiving your live2D model, you have a week-long grace period to test your model and get back to me with any (minor) needed adjustments or fixes. Up to 3 free revisions are allowed unless it is MY error. After this point, additional charges are required. Additional charges for excessive revisions may be required. Revisions may affect progress and timeline.COMMUNICATIONOngoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more. Communication channels may include twitter DMS, discord DMS, or email; whichever is client preferred. Artist response time may vary depending on when messaged and if the artist is busy with another client / streaming on twitch.RIGHTS & USAGE
Artist Rights- I am allowed to share/stream the process unless you tell me you want to keep it a secret. (Which cost 20% extra fee)
- I am allowed to share the final product on my Twitter and use it in my portfolio.
- Do not claim my work as yours! Please, always credit me. (@notemberdizzy)
- I give no permission for reselling my art, even if you do not wish to use it anymore.
- I give no permission to use my art in AI!!!Client RightsClients receive exclusive, non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights. 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. 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. Client must not edit or modify Work in any way without prior permission from the Artist.Commercial RightsCommercial usage rights are not included unless specified in the commission type or listing on the Artist’s websites (i.e. vtuber models, stream overlays, emotes, and so forth) or as agreed upon. Commercial rights, for this Artist's purposes, means using the received artwork to produce merchandise, whether physical or digital. 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, price will vary.PAYMENTS & FEES- Mode of Payment: $50 Paypal via invoice. Must be paid in 3 days or your application to start or it will be canceled.
- I only accept USD. (No other currencies)
- Half price must be paid as a deposit. (Before I start working on your commission) You may pay the other half when I am in the middle of the process.
- I have the right to refuse your commission requestRefund Policy:
- Refunds can be done only if the commission has not begun. Once I start sketching, I can not offer refunds. Please, be sure before commissioning me!Commercial fee:
- All of the prices include the commercial fee. (Like monetizing your channel, use it on Twitch/YouTube ect.)CANCELLATION & REFUNDSNo refunds are possible after work begins unless initiated by the Artist and except for circumstances due to the Artist, such as family emergency, computer breakdown, etc. spanning over 1 month, If Artist cannot complete work or there are delays for unforeseen reasons, the Client may be eligible for a partial 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.CONFIDENTIALITYThe 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.INDEMNIFICATIONClient 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. If Client's rights are violated or the Work is not delivered as agreed, Artist will work to remedy the situation first.ACCEPTANCEClient is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf. Agreement date is upon first inquiry/communication or first transaction.Privacy- Please do not disclose any personal information found in the transaction process or legal action will be taken- Informations about clients will be kept confidential from other people asking until client says otherwiseBy breaking any of the terms you will be blacklisted.Note: Businesses, agencies, groups and other organizations should contact the Artist to discuss arrangements in more detail.
