◥Terms of Service◤

If you have any questions not addressed in the TOS, please contact me on TH/Discord/Email. Discord will receive the fastest response

・ Discord ( Hyexur ) or at ( [email protected] ) * Discord preferred

By purchasing our goods and services, you are agreeing to the terms listed below. Please make sure you read everything fully, as ignorance is not a valid excuse for breaking our terms.

COMMISSIONS

◥Prices and Payment◤

・All payments must be made 100% upfront, unless otherwise agreed.

・I only accept payment through PAYPAL as United States Dollars (USD.) I do NOT accept e-checks, mailed cash, points etc. unless otherwise discussed beforehand.

・Payment is expected within (48) hours, unless otherwise discussed. If you haven't paid by (48) hours you will be removed from the queue.

・Never send payment without my approval.

・I may add on additional fees for any of the following: complexity, asking us to design parts of your character in a non-custom commission, complex objects/pets, props, handcrafted fonts, etc.. (You will always be notified of any additional fees beforehand.)

・Commissions/customs are never first come, we will pick based on how much we wish to draw that design/commission.

◥Refunds◤

・Full Refunds will be given at anytime regardless of work done, however you will not be permitted to use any sketches or work-in-progresses (WIPs), and I will retain the right to reuse any unfinished work as I deem appropriate (i.e. repurposing the sketch for personal or Your Character Here (YCH) commissions, etc..) - Please allow up to [2] weeks for your refund.
 
・Clients may not issue a refund/chargeback without communicating with me. I will always work with you if an emergency comes up or you otherwise have to back out. Forcing a chargeback will result in you being banned from all HYEXUR related communities.

・I reserve the right to cancel any commission at any time for any reason.

◥Artist◤

・I reserve my rights to the artwork itself, regardless of the character(s) depicted.

・I reserve the right to repost and upload the artwork to any and all of my galleries and social media, with credit to the commissioner. Please let me know if you wish to remain anonymous. I reserve the right to use any art I do for commissions in advertisements and other promotional materials.

・Once the sketch has been approved, any requests for major changes to the commission will incur an additional fee. I will permit up to [4] minor changes for free. You will not be charged a fee if the change is due to character errors on my end (i.e. missing markings, inaccurate details, etc..)

・Allow up to [4] months for me to complete your commission.

・I will not replicate another artist’s style. Please commission the artist you desire the style of.

・My artwork will not be used in NFT/Minting or be sold for crypto.

◥Client◤

・Clients will retain all rights to their character(s).

・Clients may not use artwork for commercial use or resale. Artwork may not be used in any form of distribution without my permission. Commercial rights may be given on a case by case basis. Please contact me for more information. Clients acknowledge that they are legally bound to paying us appropriately for any commercial use/distribution.

・Should the client decide to change or adjust the commissioned work(s) through the use of machine learning or derived technologies, or create derivatives of the commissioned work(s) through the use of machine learning or derived technologies, we will consider this an automatic purchase of exclusive rights and charge the standard fee per artwork.

・Clients my edit their commission as they please however, edits must be done by hand and cannot be done via AI. Please always credit me for my art and keep a backup of the original as I will not keep one. Please ask permission before commissioning someone else to edit my work.

◥Unpaid Work◤

・Any gifts/raffles etc will be done as I have time. This may take a while but please feel free to message me if you have any questions. However please do not be pushy with free work, I will do my best to complete everything but paid work must come first.

ADOPTS

◥Trades - Gifts - Resales◤

・My designs may be re-sold, traded, and gifted.

・Resales must match the original purchase value of the adopt, with additives only for commissions purchased or art personally made.

・Designs received in a trade may be resold following the above rule. Do not calculate a trade resale's value based on anything but the adopts original sale value + commissioned / personal art added.
       *Sales of traded designs require an appraisal from me UNLESS you include the original sales post of the adopt in your resale, which will have the value.

・Designs received as gifts may also be resold, following the above rules. Please use extreme caution when gifting designs, and be sure that you would not be upset to have a gift be sold.

・Under NO circumstances should my adopts be used in any form of cryptocurrency trading or NFT minting.

◥Design Edits◤

Non-CS:: You may edit any non-CS design as desired, however, you must always credit me for the original design. The original design must be included with any exchanges via resale, trade, etc.

CS:: 

• All edits to designs by me and/or within my closed species (MYO included) must be run by me for confirmation.
• You are allowed to edit on top of my artwork, with proper credit toward myself for the original art, and you for the edits. Regarding MYO from my species, please consult the individual artists for permission to edit their work.
• Edits you do not need to get approved are [ Gender changes/body type changes/hair style or color changes ]
• Please follow any guide on site ( If the CS has a site ) and follow an 80% rule when editing the design.

・ If transferred to someone else, the original image must be included. Once purchased, it is your responsibility to maintain the full resolution file (I do not keep backups.)


◥Commercial use of Adopts/Designs◤

Non CS:

• You are not allowed to use my art of the design for profit in any way unless otherwise discussed.
• Commercial use of non CS designs is automatically given however - Do not create any species ( Open or Closed ) from my designs unless permission is given.  

• You are not allowed to include my designs in games/comics/videos and other mass media consumed materials for profit.
• You may make charms/shirts/prints/business cards/post cards featuring the character you have purchased, so long as they are made in limited quantity, and the art is YOUR OWN art, or art purchased from another user with explicit permission from them to use their art in such a way.
• Commercial use of CS designs is given on a case by case basis. Please talk to me before hand.

◥T.O.S Breaks◤

If you’ve already been warned and continue to break my rules, you will be banned from all HYEXUR communities. I will also block you and ask that you not obtain any additional designs by me as a result. 

If you see someone breaking my TOS in any way, please contact us directly. I do not condone witch hunts or harassment of anyone caught breaking my TOS.