Terms of Service

Disclaimer

• By requesting a commission and purchasing my services, you automatically agree to the following conditions.
• Please read this entirely and carefully. I will refuse your commission if you do not agree to these terms.
• If you are not comfortable with my Terms Of Service (TOS) and/or are not willing to agree to the conditions, you may not request a commission.
• NFT/AI usage and the like of my art is strictly forbidden.
• If you have any questions, please contact me via email or social media handles via direct messaging

USER AGREEMENT

By commissioning me, you agree that you have read and accepted all the terms described herein.
You agree here to the policy of using the art for personal, non-profit purposes unless otherwise stated, and provide all image credits to me. For commercial purposes, contact [email protected].A Glossary will be at the end of the document containing important terms used throughout the Terms of Service.
You agree to have read the terms within the Glossary and understand their meaning in accordance to how they are used within the Terms of Service.Violators will be added to my blacklist indefinitely and without warning.

TOS last updated: June 3, 2024

General policy

Client

• You, the Client, will be expected to first read my TOS and understand my general Commission Prices.• You may display my work on external sites as long as it is visibly credited and linked back to me.• You may not upload or host my work in any gallery that is intended to display your own work only.• You may not claim my work as your own.• Please only upload the smaller file publicly unless otherwise discussed.• You may use the Artwork for personal use including but not limited to: avatars, phone or computer wallpapers, and personal website/profile displays.• You reserve the right to print or create an otherwise physical reproduction of the Artwork as long as it is for your PERSONAL use only.• You may not use the Artwork for redistribution or external projects, commercial or non-commercial (i.e. t-shirts, mugs, public flyers, etc.) unless otherwise discussed.• You are NOT authorized to change, modify, edit or use my works without my permission.• You are NOT authorized to trace over my Artwork in any way, including the use of the artwork as a “base.”• You are NOT authorized to use my work, personal or commercial, for NFT, AI purposes, and the like.• Any harassment in an attempt to bargain for a commission is not tolerated. This includes inappropriately worded comments on my profile, as well as in private messages. I reserve the right to place anyone on the blacklist over harassment.• Clients who have commissioned and/or received work before this Terms of Service had gone into effect are still bound to its contents.• clients are permitted to include signatures and/or watermarks indicating the Artwork is my intellectual property. Credit in some form is required.• By placing an order, you agree to these terms and conditions.
Please read these terms carefully.

Artist

• By commissioning me, Xiiro, you are purchasing my service as an artist only.• I, Xiiro, reserve the right to post your finished artwork in my gallery/social media for any reason except for specified commercial rights that have been discussed and agreed upon prior to the start of the commission.• I reserve the right to decline any project or client for any reason.• I reserve the right to refund you the full amount paid if I no longer wish to work on your project for any reason.◆ I do not do the following:
• heavy mecha and machinery, extreme fetish art, heavy violence & gore, overly offensive themes pertaining to sex, race, politics, and religion, or anything else that makes me uncomfortable.

COMMERCIAL USAGE AGREEMENT

• If you, the Client, wish to order a commission for Commercial use, the total price of the commission, as well as any other royalties, will be agreed upon upfront.• Exclusive License starts at +100% of the original price. This means the client reserves the rights to reproduce and use the art for commercial use in whatever way the client so chooses. This also prohibits the artist the rights to sell and license the commission artwork.• Non-Exclusive License starts at +50% of the original price. This means the client has the rights to reproduce and use the commissioned art for commercial use while granting the artist to reproduce and use the artwork for commercial use as well as selling and licensing the art in anyway they so choose.• This does not mean that the client owns the copyright to the artwork and may only use it as stated explicitly by the artist.• The following cases are considered commercial use: Reproducing and selling the artwork, publicly or privately, cases where you receive profit from a medium/platform where you have posted my artwork, (eg. Patreon, YouTube, Twitch, a personal site, business cards etc).

COPYRIGHT

• I reserve the right to sign and/or watermark my own work. I will send you a full resolution image (by email), but my signature will remain on both the full resolution and smaller versions of the Artwork.• You are responsible for protecting your ownership over rights to a character design made by me by creating a copy image with your name added as well (ie. through a watermark) when uploading on external sites.• I retain all copyright over my work, which includes the right to redistribute, reproduce, or use the image as a sample for sales or self-promotion unless otherwise discussed.• In the case of a Commission, I may do whatever I wish with the art (eg. post it to other sites such as Instagram) but will give proper credit to you for ownership of the character’s design.• In the case of a commission, I will not claim the rights to a character design unless it was one of my own designs.

NDA - PRIVACY REQUEST

• If you wish for your request to be private, it must be stated during the ordering process.• I reserve the right to charge a fee if I deem fit.• The privacy request entails that I am not allowed to share any work in progress (WIP) images on social media, nor am I allowed to stream the process of the commission anywhere.• However, this also means that you must refrain from sharing any such spoilers yourself.• The NDA fee usually starts at +5% of the total quote, but it might differ. The bigger the project the bigger the fee.

Glossary

This lists all the important and commonly used terms written within the terms of service. To make the terms of service easier to understand, the following personal pronouns are used:"You" and "your" refers to the person, persons, or business that is agreeing to the terms and/or purchasing the services provided by Xiiro."I", "my", "me", and all similar singular pronouns refers to Xiiro, the artist, who is providing the service to the client.It is the client's responsibility to read the glossary and understand the meaning of the terms provided. I am not responsible for any liabilities that are a result of a client's negligence of the glossary terms.Terms used:• "AI" is an abbreviation for "Artificial Intelligence".• "Artist" refers to Xiiro who is providing the service(s) that is/are being purchased• "Business days" are all days except for Saturday, Sunday, and federal holidays.• "Blacklist" refers to a list that contains names of clients who have violated Xiiro's terms of service and are no longer allowed to purchase services from Xiiro. This list is shared among affiliates and colleagues of xiiro.• "Chargeback" is a payment charge that is forcibly reversed by either Paypal or your issuing bank.• "Client" refers to the person, persons, or business who agree with the terms of service and/or purchasing services provided by Xiiro• "Commission" and "Project" refers to the services and end-product provided and sold by Xiiro.• "Commissioner" refers to the client who has purchased a commission.• "Deposit" and "transaction" are any payments made during the commissioning process.• "Direct Message" and "Private Message" is any message sent to my official social media accounts and/or official messaging accounts such as Discord.• "DM" is an abbreviation for "Direct Message".• "Drafting Phase" refers to the planning phase of a commission such as sketches or thumbnails.• "H" is an abbreviation for "hours". The abbreviation is followed after a number (e.g. 48H)• "Intellectual Property" are any intellectual creations such as literary work, artistic work, designs, symbols, names, images, etc.• "NDA" is an abbreviation for "Non-Disclosure Agreement"• "NFT" is an abbreviation for "non-fungible token"• "Paypal", "Ko-Fi", and "VGen" is the web service used by Xiiro in order to receive payment for any and all commissions.• "Slot" is a finite space on an artist's queue of commissions that they are currently working on.• "Thumbnail" are small, loosely drawn concepts for a commission. It is used to plan the layout and look of a commission.• "TOS" is an abbreviation for the word "Terms of service" which refers to all the terms relating to your use of services.• "USD" is an abbreviation for "United States Dollars" which is the only currency accepted by Xiiro.• "Waitlist" is the queue of clients who are confirmed for a commission slot and currently waiting for an available slot to open up in the active commission queue.• "WIP" is an abbreviation for "Work in progress". It refers to any progress images relating to the services that may be currently in progress and yet to be finished.

Commission Process & policy

ordering

• You are expected to fill out the Commission Ordering form on my website, send me an email, or a direct message detailing your commission and necessary information relating to said commission.• If your commission has been accepted, You will then get a reply from me discussing the details as well as me confirming your commission slot or a waitlist slot.• If you have not heard back from me after submitting an order inquiry within the span of 1-4 weeks after the submission date, please assume that your commission has been denied.• I reserve the right to make changes to your request as I see fit unless otherwise discussed. To guarantee the total accuracy of your commission request, please make note of the required details and elements in the form/email/dm.• If your character is extremely detailed, I have the right to charge a fee to include these details. This fee will be stated before the transaction, and you hold the right to make changes to your commission request (eg. change the character, agree to simplified design changes) before the transaction is complete.• Please make your request concisely worded with minimal abbreviations, so as to make the note clear to read.• Any emails, private messages, and comments that you send must come in the following languages: English• Before taking part in any transaction, you are required to wait for a reply so that we can discuss the details.• I will - after everything is processed and confirmed - send you an invoice. You need to confirm the payment with me before I start your order.

payment

• I, Xiiro, am not responsible for any mistakes that are made on your part over the course of the transaction.• I will only accept United States Dollars (USD) via Paypal, Ko-fi, or VGen as payment. You are responsible for making currency conversions.• It is expected that you deposit 100% of the price upfront before I start. If the total is above 100 usd, you will be eligible for a payment plan.• All terms of a payment plan will be discussed and must be agreed upon by both parties before any payments are placed and received.• Once the payment has been received, I will start Sketching. The Sketch will then be sent to you.• I will initiate the transaction to avoid accidental transactions. Do not send me any kind of payment until I have confirmed I can accept your commission AND have asked for payment.• Payments via Paypal are sent via Invoice method only unless otherwise stated. I will cover the Paypal fees as it is expected from the Artist per PayPal ToS. What you see is what you will have to pay.• I do not accept payment from shared PayPal accounts unless you are not of legal age and use a parent/guardian’s PayPal account.• If payment is not made in a timely manner (48h) after I've placed the Invoice, the commission will be cancelled.Repeated counts of commissioning a project and failing to pay will result in blacklisting.

PAYPAL DISCLAIMER

• Please note that all of my sales are "Digital Artwork" and it is the Artwork’s "Intellectual Property" that is purchased by you, the Client.• Nothing is ever intended by either me, Xiiro, or You, the Client, to have anything be physically shipped to either party.• I am not required to ship any item unless it was explicitly discussed.

QUEUE / SCHEDULING / WORK SPEED / DEADLINES

• I usually take up to 1-5 business days to respond to your initial order inquiry.• You reserve the right to set a deadline for your commission. This deadline must be disclosed prior to payment.• I have the right to decline a project if there is too short of a time allowance. I reserve the right to take up to 3 weeks to begin work on your project.• If you did not alert me to a deadline, you must not send reminders until 3 weeks have passed since the commencement of your commission (i.e. me confirming the start of your commission). Reminders will be ignored if they relate to work that I have prioritized above your project, including other commissions and gift art.• If due dates are discussed, it is also the client's responsibility to ensure prompt communication. I will not be held responsible for late delivery.• No harassment over my work speed will be tolerated, regardless of the time that has passed.• I reserve the right to work on commissions randomly. This means I will work on the piece I'm the most inspired/ comfortable with at the moment. Exceptions to this rule may include commissions that have issued a rush fee.• You reserve the right to be notified of any delays.RUSH FEE• Rush fees start at +25% of the original price. Fees might vary depending on the project and the timeframe provided.• Estimated project start dates are on my spreadsheet that will be provided to you.• In the case I am able to accept a rush commission, that would bring your slot in the queue up forward significantly.• Dates provided are subject to change, details are to be discussed should the client have set dates.

REVISIONS AND FEEDBACK

• I will send a work in progress (WIP) image after 100% of the payment or initial deposit is completed.• These images will come in the form of .jpg or .png files as an attachment in an email or in a direct message.• The responsibility is on you to ensure your order contains the details you want me to follow.• I am not responsible for any unsatisfactory element of the finished design if no feedback was given to amend it.• I will only send a guaranteed WIP for the Sketch, but you are free to request a WIP at any given time.• Up to two major revisions can be made during the drafting phase of the commission. Only minor adjustments within reason can be made afterwards. Any additional major revisions will result in an additional fee.• Depending on the changes to a commission, it may be subjected to a fee. The fee will depend on the nature of the change.•Depending on the commission, I may include one to several drawing thumbnails of the piece during the drafting phase prior to the sketch but it is not guaranteed.•In the case I do send one to several thumbnails, feedback is required and must be given.• Each time I send a WIP to a client, I ask the client to provide feedback to me.• I will not be held responsible for any inaccurate and/or missing details in the commission in the absence of feedback from the client.• Major changes will only be made at the drafting stage.• I will not be held responsible for any changes in ownership of the said character(s).• After the order is completed, minor changes are allowed if the missing or inaccurate elements are my fault (e.g., I overlooked details provided in the order and/or feedback received).• In the absence of feedback from the client, any changes to the final piece will be subject to a fee.• I will not redraw a completed commission unless payment is received for a second order.

FINAL PRODUCT

• There may be slight differences between the samples in my gallery and the illustration you will receive.• The commissioner must respect that my artistic style cannot be altered.• I reserve the right to reject critiques pertaining to artistic skill and stylization, and if the critique reduces the artistic quality of the piece.• Credit to me is required when you post or use it on another platform.• You are responsible for saving any information, images, and other digital data I provide.• Any file you paid for will be available from me for a finite time only. I take measures to preserve most files for up to 3 months. However, I cannot guarantee against computer failure or accidental deletion or loss.• I am not required to post your project in any public space, and if posted, I am not required to keep it there indefinitely. I have the right to delete or remove any public project, even if you paid for it, as you should have your own copy for personal use.• Feedback of the final product is permitted after completion of the piece, through private messages or comments.• Any comments that are rude, inappropriate, inflammatory, and/or non-constructive may result in blacklisting.

Refund Policy

REFUNDS

• When you commission me, your money does not get spent in any capacity until the work is completed.• I can refund 100% of the payment only if I have not started working on the sketch.• Once I start the sketch there will be NO REFUNDS.• I can only refund around 80% if there are errors in PayPal fees, taxes and/or transfer fees.• If I cancel a commission, I will reimburse the lost fees and refund 100%.• If the purchased commission was an unauthorized purchase, I will refund the full amount unless the commission has already been started or completed, in which case I cannot refund you.• If we agree on a payment plan and I start the commission after the first deposit has been done, I will not refund your deposit(s) if you back out of the project.

Chargebacks

• You are NOT authorized to issue a chargeback for any reason.• If for any reason your PayPal account malfunctions or authorizes a refund request without your knowledge, you must contact me as soon as possible in order to resolve the issue.• You are required to contact me when you need to cancel a commission and/or request any sort of refund.• Purposefully issuing a chargeback without contacting me to cancel/refund a project will result in immediate blacklisting for you as well as your email address, and anyone sharing your PayPal account, including side accounts.