TERMS OF SERVICE
Please make sure to read my Terms of Service on this website before commissioning me.
If you have any further questions about my commission process or other guidelines, please feel free to contact me on any of my social media!
COMMISSIONS
[ Legitimacy as of April 9, 2024 ]
By purchasing any commissions from me you state that you have read, understood and agreed to these rules and will abide by them. If there are any uncertainties you can always shoot me a message and I'll do my best to clear things up!
If you are caught breaking any of these rules you will receive a warning before you will be blacklisted and banned from purchasing any of my commissions, receiving them as gifts or acquiring them in any other way. The blacklist will be kept publicly.
All of my art and any commissions received from me are prohibited from being used for AI and blockchain-related technologies such as non-fungible tokens (NFTs) or cryptocurrency or any future inventions in this space in any shape or form and under any circumstances. Clients are not permitted to feed my art into AI models or use any of my art and commissions for advertising or profits associated with blockchain-related technologies such as NFTs or cryptocurrency. Do not commission me if you intend to associate/use my art with/for AI models or blockchain technology such as NFTs or cryptocurrency.
General
You must be 18 years or older to do business with me. I use Paypal for payments and to own a legal Paypal account you must be 18+. I do not do business with minors. Breaking this rule will result in being blacklisted immediately.
I retain the right to decline your commission order without giving a reason as to why.
I may stop or cancel your commission should a breach to my T.o.S, a lack of communication or inappropriate/aggressive behavior occur at any point during our business. (Partial refunds / refunds will be given determined by how much work has been done by me up to that point.)
A commission order & any communication must be in English and/or German.
I may work on personal pieces in between commissions. If you are not comfortable with this, please do not commission me.
Please note that my style includes shifting colors for better harmony of the overall piece and I may not work with eyedropped colors from the references I'm given to work with. Final colors may deviate from reference colors. If you're not comfortable with this, please do not commission me.
on Purchase
All prices are in USD, unless clearly stated otherwise. Payment only through Paypal/Kofi (unless agreed otherwise through prior communication).
I will ask for you to share your Paypal email address with me privately and proceed to invoice you with the payment.
Full payment is to be made upfront. I will only begin working on your commission after you paid the invoice(s) successfully.
If you fail to pay within a span of 24 hours without notifying me, I reserve the right to cancel your commission order. Please talk to me if you need more time or run into complications and we can discuss further steps.
Payment plans are possible. Please let me know if you require one and we can discuss the steps. I usually allow payment plans for $150+ & up purchases. At least 1/3 of the full commission price must be paid upfront before I begin to work on your commission.
A commission may only be paid for by 1 person to avoid miscommunication or complications.
Unless stated otherwise you may request quotes. Given quotes do not represent the final price but an estimate at that point and time and may change anytime in the future at my discretion.
Prices may change according to size, complexity, and/or detail of the piece at my discretion.
Please make sure to be as specific as possible when ordering your commission. I may charge additional fees for very vague / artistic freedom commissions. The more ideas and references you provide, the better!
If the commission is needed by a specific deadline that I am notified of in advance, I may apply a rush fee at my discretion. If you need your commission done by a specific deadline you must tell me in advance.
Final prices as stated by me are non-negotiable.
on Process
I will ask you to fill out one of my Google Forms with all the mandatory information for your commission. You'll receive a link to the Forms from me directly when you contact me about purchasing a commission.
I will check over your filled out commission form and let you know if there is any more information I need from you before proceeding with the commission.
I will only begin working on your commission if I have received the full payment beforehand (or any partial payment plan we have previously agreed upon).
I will check the commission process with you in 3 stages: Sketch, Lineart and (final) Color.
Revisions must be asked for in accordance with each stage. I will not be making major changes to the commission for free past any of the check-in stages described below.
Sketch Stage: I will check in 1 first sketch, you may ask for revisions to that sketch until you're happy. I sketch relatively clean so you are able to see every part of the concept clearly before we move on. Only when the sketch is fully approved will I move on to the lineart.
Lineart Stage: When I check in the lineart, you may only request small edits to the lineart, no more broad revisions to the overall pose or design (this should be decided in the Sketch stage). Since my sketches are relatively clean, the lineart will follow the sketch closely, so there will be no surprises. Only once the lineart is approved will I move on to the colors.
Color Stage: I will check in 1 first color approach with you based on the instructions on colors from your commission form. I will only check in 1 color version. You may ask for any revisions to the colors based on that version, no more revisions to the lineart or broader pose/design etc., color revisions only. You're free to ask for color revisions until you're happy with the final look of the commission.
If you would like multiple variations of sketches (e.g. different poses) or color variants (e.g. different color palettes), you must let me know beforehand. I will charge extra for any variations based on what you ask for, fee will vary on a case-by-case basis.
I allow unlimited revisions (in accordance with each step) within reason, currently! If I notice a client purposefully or excessively dragging out the commission process (beyond what has been agreed upon beforehand), I will charge extra for any further revisions.
I want you to be 100% happy with your commission from me, so I am very open to and encourage revisions! I will ask you every step of the way to make sure you approve everything we do with the commission!
Once you've approved the final Color stage, I will send you the final file for your commission.
on Rights
You do not have the right to use your commission commercially or reproduce it in any shape or form. You may not make any profit off of the commission, which includes but is not limited to (business) promotion, videos, games, digital prints, physical items, etc. Commercial licenses for commissions can be discussed with me and will be handled separately from regular commissions. If you intend to use your commission commercially in any shape or form you must disclose this ahead of time and we can negotiate commercial licenses. Commercial licenses will be given in explicit written agreements.
Prices for commercial commissions do not adhere to my regular commission prices and will be given through quotes calculated on a case-by-case basis and will include the commercial license fee.
Vtubers, streamers, youtubers & other social media and online creators and businesses will be charged commercial commission prices (unless they do not intend to use my art commercially). Offline businesses and creators will be charged commercial commission prices as well if commercial use of my art is intended.
You do not have the right to mint and/or sell your commission for blockchain-related technology such as NFT(s) or cryptocurrency. This cannot be negotiated.
I retain all rights to the original artwork, including producing merchandise of it with your full, prior given consent.
Do not remove my watermark from your commission. You may ask me to remove it in special cases but must have my full written consent.
The rights to the character depicted, should they be created by you or someone you credited, remain yours entirely (or as agreed upon through the original creator's T.o.S.).
I retain the right to post WIP stages and the final commission on any of my social media or use it for portfolios or other compilations in any way I see fit. (Unless requested not to by you prior.) Keeping WIP stages private comes at an additional fee of $80. Keeping the commission fully private / requiring a NDA comes at an additional fee starting at +$150. You must let me know at the start of the commission if you wish to keep any stages of it private and we can discuss.
Please do not edit any commissioned art you receive from me in any shape or form.
You may repost your commission by me to your social media only if you credit me visibly by name e.g link to my social media, @/mention/tag me, put written credit on the reposted image etc.
I will not provide you with any physical merchandise of your commission unless agreed to otherwise prior.
I do not distribute the full resolution, full dpi version of my commissions for the sake of my own protection. If you would like such a hq version, please talk to me about the why and what you intend to use it for. I may give you written consent on the terms of the distribution and provide you with a hq version, but I retain the right to decline such requests without a given reason as to why. Additional fees at my discretion may apply for a hq version.
on Refunds
You may cancel your commission prior to payment without repercussions. The commission will be cancelled and no further action is required.
You may ask for a full refund only before I start any work on your commission and you'll be refunded fully.
If you request a refund after I started any work on your commission I retain the right to refuse your refund or give a partial refund depending on how much work has been done up to that point.
No refunds after completion / delivery of a commission.
You must contact me for a refund first before issuing any chargebacks or you will be blacklisted immediately. Requesting a chargeback after completion / delivery of your commission will result in immediate blacklisting as well.
If I am unable to deliver your commission for any reason I will contact you about a possible cancellation/refund/compensation.
Other
You may add the price you paid for my commission to the resell price of a design/adoptable.
CHARACTER DESIGNS
[ Legitimacy as of May 8, 2023 ]
By purchasing any of my designs from me you state that you have read, understood and agreed to these rules and will abide by them. If there are any uncertainties you can always shoot me a message and I'll do my best to clear things up!
If you are caught breaking any of these rules you will receive a warning before you will be blacklisted and banned from purchasing any of my designs, receiving them as gifts or acquiring them in any other way. The blacklist will be kept publicly.
All of my art and any designs received from me are prohibited from being used for AI and blockchain-related technologies such as non-fungible tokens (NFTs) or cryptocurrency or any future inventions in this space in any shape or form and under any circumstances. Clients are not permitted to feed my art into AI models or use any of my art and designs for advertising or profits associated with blockchain-related technologies such as NFTs or cryptocurrency. Do not commission me if you intend to associate/use my art with/for AI models or blockchain technology such as NFTs or cryptocurrency.
on Purchase
You must be 18 years or older to do business with me. I use Paypal for payments and to own a legal Paypal account you must be 18+. I do not do business with minors. Breaking this rule will result in being blacklisted immediately.
Claiming a design/adoptable can be done through commenting on the submission itself or through DMs. I am willing to accept claims/bids through DMs and will mark it down as an anonymous bid on the official submission if you so wish.
All prices are in USD, unless clearly stated otherwise. Payment only through Paypal/Kofi (unless agreed otherwise through prior communication).
I will ask for you to share your Paypal email address with me privately and proceed to invoice you with the payment.
Full payment is to be made upfront. The design only belongs to you after you paid the invoice(s) successfully.
If you fail to pay within a span of 24 hours I reserve the right to cancel your custom design commission / open the adoptable design for purchase again. You may talk to me if you need more time or run into complications and we can discuss further steps.
Payment plans and holds are possible. Please let me know if you require either and we can discuss the steps. I usually allow payment plans for $150+ & up purchases. At least 1/3 of the full commission price must be paid upfront before I begin to work on your commission.
A custom design/adoptable may only be paid for by 1 person to avoid miscommunication or complications.
Please make sure to be as specific as possible when ordering your custom design. I may charge additional fees for very vague / artistic freedom custom designs. The more ideas and references you provide, the better!
After the purchase has been cleared you will receive the transparent design file.
I retain the right to decline your claim on an adoptable without giving a reason why. (I also may decide to keep an open adoptable in very rare cases.) I also retain the right to decline your custom design commission without giving a reason why.
If you would like for the amount you have paid to remain secret, please inform me and I will hide the comment. Never hide claim/bidding comments yourself.
A design sale is final. Refunds are not applicable.
Should you no longer want a design by me (and cannot resell/trade/gift it away) you can DM me and I may be willing to take it back for a small compensation (mainly artworks such a sketches).
My designs may never be used for hate speech, racist/sexist propaganda etc. My designs may also never be used for tracing, copying etc.
on Rights
Upon purchase you acquire rights to the design only. You may not claim to be the creator of the design, only the owner.
You do not have the right to use your design commercially or reproduce it in any shape or form. You may not make any profit off of the design, which includes but is not limited to (business) promotion, videos, games, digital prints, physical items, etc. Commercial licenses for designs can be discussed with me and will be handled separately from regular designs. If you intend to use your design commercially in any shape or form you must disclose this ahead of time and we can negotiate commercial licenses. Commercial licenses will be given in explicit written agreements.
Prices for commercial designs do not adhere to my regular design prices prices and will be given through quotes calculated on a case-by-case basis and will include the commercial license fee.
Vtubers, streamers, youtubers & other social media and online creators and businesses will be charged commercial design prices (unless they do not intend to use my art commercially). Offline businesses and creators will be charged commercial design prices as well if commercial use of my art is intended.
You do not have the right to mint and/or sell your design for any blockchain-related technology such as NFT(s) or cryptocurrency. This cannot be negotiated.
I retain all rights to the original artwork, including producing merchandise of it with your full, prior given consent.
I retain the right to post WIP stages and the final commission on any of my social media or use it for portfolios or other compilations in any way I see fit. (Unless requested not to by you prior.) Keeping WIP stages private comes at an additional fee of $80. Keeping the commission fully private / requiring a NDA comes at an additional fee starting at +$150. You must let me know at the start of the commission if you wish to keep any stages of it private and we can discuss.
You may repost the design by me to your social media only if you credit me visibly by name e.g link to my social media, @/mention/tag me, put written credit on the reposted image etc.
I will not provide you with any physical merchandise of the design unless agreed to otherwise prior.
I do not distribute the full resolution, full dpi version of my designs for the sake of my own protection. If you would like such a hq version, please talk to me about the why and what you intend to use it for. I may give you written consent on the terms of the distribution and provide you with a hq version, but I retain the right to decline such requests without a given reason as to why. Additional fees at my discretion may apply for a hq version.
on Custom Process
I will ask you to fill out one of my Google Forms with all the mandatory information for your custom design. You'll receive a link to the Forms from me directly when you contact me about purchasing a commission.
I will check over your filled out custom design form and let you know if there is any more information I need from you before proceeding with the commission.
I will only begin working on your custom design if I have received the full payment beforehand (or any partial payment plan we have previously agreed upon).
I will check the design process with you in 3 stages: Sketch, Lineart and (final) Color.
Revisions must be asked for in accordance with each stage. I will not be making major changes to the design for free past any of the check-in stages described below.
Sketch Stage: I will check in 1 first sketch, you may ask for revisions to that sketch until you're happy. I sketch relatively clean so you are able to see every part of the concept clearly before we move on. Only when the sketch is fully approved will I move on to the lineart.
Lineart Stage: When I check in the lineart, you may only request small edits to the lineart, no more broad revisions to the overall pose or design (this should be decided in the Sketch stage). Since my sketches are relatively clean, the lineart will follow the sketch closely, so there will be no surprises. Only once the lineart is approved will I move on to the colors.
Color Stage: I will check in 1 first color approach with you based on the instructions on colors from your commission form. I will only check in 1 color version. You may ask for any revisions to the colors based on that version, no more revisions to the lineart or broader pose/design etc., color revisions only. You're free to ask for color revisions until you're happy with the final look of the commission.
If you would like multiple variations of sketches (e.g. different poses) or color variants (e.g. different color palettes), you must let me know beforehand. I will charge extra for any variations based on what you ask for, fee will vary on a case-by-case basis.
I allow unlimited revisions (in accordance with each step) within reason, currently! If I notice a client purposefully or excessively dragging out the commission process (beyond what has been agreed upon beforehand), I will charge extra for any further revisions.
I want you to be 100% happy with your custom design from me, so I am very open to and encourage revisions! I will ask you every step of the way to make sure you approve everything we do with the commission!
Once you've approved the final Color stage, I will send you the final file for your custom design.
on Co-Owning
I only allow co-owning between 2 people, not more.
Co-owning is only allowed under the following rules:
I must be kept up-to-date with who the owners are.
I must receive written agreement of both owners that they are willing to co-own the design.
If the co-owned design is being traded/resold/gifted I must receive written agreement of both owners on the transfer.
If any dispute (that will alter the ownership of the adoptable) between the two owners arises I must be notified about it. Should one of the owners (or both) no longer want the design, I may also be willing to take it back for a small compensation (mainly artworks such a sketchy customs or chibis).
on Design Edits
Any edit made to a design must be checked with and approved by me always. You can DM me on any of my social media for design edits.
Please do not edit any of my original design art in any shape or form. If you'd like a direct edit of my original art file, you can request that edit for a small editing fee.
The design must remain recognizable through all edits.
Minor edits will (probably) always be approved, larger design edits can be discussed.
You do not have to check with me if you change the hairstyle/body type or gender of an adoptable.
Skin tone shifts are usually alright with me, but I reserve the right to decline them. You must always check in with me for skin tone shifts.
Giving the design various/new outfits is absolutely fine and does not have to be checked with me.
on Resells / Trades / Gifts
Once a design changes owners, I'd appreciate if the current or the new owner notified me of the transfer and provide proof of the consensual exchange. DMs are fine. (If the character is correctly credited to my account on Toyhou.se and you trade it by change of ownership and I remain credited for the character/design, you do not have to contact me.)
Gifting is allowed as long as you let me know upfront (upon claim) who you will be gifting the design to / notify me whenever you decide to gift it.
Trading is allowed.
You may trade a design you have received from me for free. (As I rarely give away designs as gifts/through raffles, this rule is active for now.) You may never resell a design you have received from me for free though.
You may not resell a design you have been gifted by someone else. If you no longer want the design you can give it back to the person who gifted it to you. If the person does no longer want the design either, assuming none of the people involved in the gifting chain do, only the original buyer is free to resell the design away or can speak to me about taking it back before it sits and collects dust. (I may even offer a small artwork like a sketch in return.)
Reselling a design by me is allowed under the following rules:
You may only resell a design by me for the original price it was bought for.
The only exception to this is commissioned artwork (not personal/free artwork), for which you may add the price you paid to the original price when reselling (if the artist of the commission allows this).
You may not profit off my work, meaning if you received a design through trade/gifting you may only trade/gift it henceforth. No vouchers, no gift cards, etc.
If you have received my design for free (trade, gift, raffle etc.) but you have commissioned artwork of it, you may only resell the design alongside the commissioned artwork for as much as you paid for the commissions (if the artist of the commission allows this).
Breaking any of my resell rules will result in an automatic blacklisting
on Closed Species
If a design is labeled a closed species, you may never make your own. Also please do not heavily reference or copy my physical appearance species ideas or (especially) the lore I give my species.
You do not have to follow the official canon species lore.
Feel free to shoot me a message if you have any inquiries about my species lore.
You may never (ex-)change physical traits of your closed species adoptable with other traits.
You may never create a sibling/parent/other direct relative off of a purchased closed species design. You can either use another design you purchased, a custom slot or discuss further details with me.
on Vouchers
Paying via voucher/acting as a voucher for any of my designs is allowed for now (as of September 06 2017). I do not have a lot of experience with vouchers so this rule is very tentatively open and I may decide to forbid vouching later on.
Vouching for my designs is only allowed under the following rules:
You may only do a voucher if you have acquired the design directly through a purchase with me, aka. you are the original owner of the design.
You may never do a voucher for a design you have received through trade, gifts or giveaways.
You must notify me if you plan on doing a voucher.
The price of the voucher may only be equal or less the amount you have paid for the adoptable. You may not add any prices of commissioned pieces to the voucher.