LAST EDITED: 14 March 2023

These terms of service apply to all adoptables and private artwork commissions purchased from me. Adoptables and private commissions are considered personal use by default, if you wish to discuss commercial projects please email me at [email protected], as I only accept these after discussing a contract.

ARTWORK USAGE

1. Artwork and character designs commissioned from me are solely for personal, non-commercial use. Some common examples are listed below, but if you have any confusion on what qualifies as commerical use, please ask.
   1.1. Personal usage includes: using the artwork as an icon, reposting it to a personal TH gallery with credit, printing a copy of the artwork for private display.
   1.2. Commercial usage includes: featuring the artwork in a monetized stream or using it to promote a monetized stream (e.g. stream banners), using artwork or designs for VTubers or related promotions, selling prints or merchandise of a character design or artwork.
2. I am willing to negotiate commercial rights for non-species character designs and personal commissions, contact me privately about this so we can discuss licensing terms. Please note that rights purchases will typically exceed a few hundred dollars and can go into the thousands depending on usage intention.
3. Please credit artwork and designs back to my toyhou.se (toyhou.se/kiku).
4. I allow free editing of character designs and private commissions. You may draw directly on top of the artwork, add filters, etc, provided you do not claim the base artwork as your own, but otherwise you are not obligated to run any edits by me. However, if trading or reselling a design you must include the original, unaltered artwork for the new owner.
5. When purchasing a design or artwork from me, unless other licensing terms have been discussed, I retain partial rights. These include but are not limited to: the rights to distribute, reproduce, or use the image as a sample for sales or self-promotion. I will never reuse a sold design unless it has been traded back to me, and I will never claim ownership of any clients' characters featured in commissioned artwork.
6. I strictly prohibit the following types of artwork usage and this is non-negotiable even for an additional fee:
   6.1. Usage of my artwork to promote hate speech or bigotry, including but not limited to: racism, homophobia, transphobia, ableism.
   6.2. Usage of my artwork in data sets for training neural networks / A.I. (e.g., Stable Diffusion, Midjourney, etc).
   6.3. Minting my artwork into NFTs or using it to promote blockchain and cryptocurrency-related activities in any way.

ADOPTABLES & DESIGN COMMISSIONS

1. Adoptables are purchased designs which you can use to make your own character. You may name the character, create a personality and background information for the character as well as make design changes.
2. My non-species and personal species designs may be resold and traded freely; I have no limitations on resale price. I do not require you to inform me of character design transfers, but please note that as a result I am unable to help if you suspect that someone is scamming you. Please link my ToS to the new owner when transferring a design, so that they are aware of my terms.
3. You may edit any non-species or personal species design I've created, which includes editing the original artwork. In some cases I may provide PSDs on request, but please note that I will not provide a PSD if I'm using a base that I have on sale or a base that I purchased from another artist. In some cases, the PSD may have simply been lost.
4. Closed species designs I create as a guest artist (or if I'm commissioned for a MYO design) are subject to the rules of that particular species, and those rules supersede my own. If any of my personal rules conflict with the species' rules, please adhere to the species rules instead. e.g., I do not impose a limit on resale price for my designs, but if that species only allows resale at the purchased price, you may not resell my design at a higher price than you purchased it for.
5. You are welcome to create alternate forms of my character designs, provided that in the case of closed species, you own a MYO slot for the species. You may not sell any alternate forms separately from the original character.
6. I do not recognize co-ownership of my character designs and will not mediate ownership disputes that arise as a result of people doing this "unofficially."

PAYMENT

1. All payments are to be made in USD, via Paypal. I send payment requests via invoice unless otherwise specified.
2.  Payments must be made within 48 hours of receiving the invoice, if an emergency comes up I discuss extensions on a case-by-case basis. Failure to pay within the deadline will result in slot cancellation, or in the case of adoptables, the design will go back up for sale. You may be blacklisted from future business if you are a repeat offender.
3. I only allow payment plans for purchases of $300+. Payment plans may not exceed two weeks, and I require a 50% non-refundable deposit. Please take special note of the fact that the deposit is non-refundable!
4. I do not do refunds unless I have strictly outlined terms for a refund at the time of accepting the commission - the most typical example of this is if I promise to have artwork done within a certain time period, and I fail to deliver the artwork within the deadline. Under any other circumstance, I do not do refunds, even for lengthier commissions. If you have a deadline or are worried about receiving your artwork within a certain length of time, please make sure to specify this before the commission is accepted and paid for!
5. If you cancel a payment plan, attempt to back out of a commission, or make a chargeback, I will deny all further services to you in the future and reserve the right to keep and repurpose any WIPs I have already shown you. For artwork commissions, I will never take your character design, but may recycle poses and compositions. For character designs, I reserve the right to reuse the design concepts as I see fit.