Terms of Service & Legal Info


Terms of Service

Initial date: May 29, 2019
Updated as of: Jan 16, 2023

FOR YOUR PROTECTION, PLEASE DO NOT SKIM. By placing an order, you agree that you have read all terms & conditions associated with the sale.

I. Payment

  • Payment is only accepted in USD; foreign currency is subject to conversion rates.

  • I accept payment in the form of PayPal invoice only, unless otherwise stated. For my protection, I only accept clients with verified payment/banking identification; I do not accept Venmo, Cashapp, mail-in cash or check, prepaid debit/credit cards, or any other form of payment/trade unless stated otherwise.

  • All payment is required UP FRONT and PAID IN FULL before the commission process is to begin; I may consider payment plans and down payments for very large orders.

  • All sales are considered final and I provide refunds only if your commission is not yet started or when there is a failure on my end to deliver.

II. Artist's Rights

  • I do not waiver any rights to my artwork unless signed agreement under contract; if I feel my work is being exploited I have the right to protect myself.

  • My artwork is never to be used commercially without my prior consent. This may refer to printing/re-distribution of any sort. Furthermore, I do NOT allow minting/NFT use of my work under any circumstances.

  • You understand that my characters/art/designs must not be used to promote illegal, hateful, or particularly upsetting activities. I do not wish for my work to be associated with certain topics (racism, nazism, homophobia, transphobia, ableism, any other form of bigotry, bullying/targeted harassment, abuse, rape, incest, pedophilia, zoophilia, etc.) and if discovered that my art is being used in this way, I will reach out to you to remove the content before taking action. This is not up for debate and I do not wish for my work to be associated with these themes, period.

  • I have the right to decline or turn away clients for any reason.

  • I am under no obligation to actively communicate with my clients or add them to my friend lists/social medias.*


* Due to the nature of online environments, I ask that you do not use my notifications to regularly pester me on the status of your commission or with idle chit-chat. I will not be able to respond to messages that are unproductive as it only distracts me from my work. I will reach out to you when I have an update on your commission, therefore please only contact me if it is urgent and related to the completion of your commission. Thank you.

III. Buyer's Rights

  • You understand and agree that you may not use my work commercially without my consent. Logo or social media profile use for personal/small business is usually OK, however if you are planning to print/reproduce my work in any way (real or digital) it must be discussed beforehand.

  • There is one exception, which regards "Original Character" (also known as "OC") sales. If I created custom artwork of your rightful OC, you are free to include my artwork in any sales of said OC as long as the price is adjusted fairly with regards to what you paid.

  • If I am creating a custom character for you (even if it is based on your pre-existing character description), it falls under my custom character design TOS which is covered in the section at the bottom of this page.

  • I allow modifications and remixes, by or on behalf of the rightful owner of any commission, as long as it is done under fair use and with respect to my TOS.

  • Your commission may be uploaded to personal gallery or social media as long as proper credit is attributed (@SylphyStudio or www.sylphy.carrd.co).


In the event the protection of my work is in jeopardy, I will reclaim my work/designs and shelf it indefinitely or until an agreement is reached between all involved parties. In very clear-cut cases of abuse (fraud, theft, failure to abide by ToS, etc), I will do whatever I see fit to protect my work, whether it is blacklisting a potential buyer, re-distribution of my own artwork via re-sale, or legal action.


Thank you for your understanding,
– Faye


Custom Character Design Terms

Initial date: May 15, 2020
Updated as of: Jan 15, 2022

The section below covers terms regarding character sales/adoptables, if they do not apply to your commission order you can disregard all of the following.

Due to high volume of people who reach out to me regularly in regards to re-sale and such this was necessary to cover. So first and foremost, because it is the question I most commonly receive: Yes, you may resell a character that you bought from me or from someone who purchased it before you for as much as it is worth- just please make sure you are also following my TOS when using my work. You do not have to ask permission, and if you did I probably just forwarded you to this page! With that said, please verify for yourself that you are purchasing from a trusted seller because, unfair as it is, I cannot compensate people who are scammed.

When a transaction is made, either by commission or adoption sale, I am not forfeiting legal ownership of my work nor am I contractually signing over copyrights. When you pay for a character, understand that you are paying for the right to use the art & design, not for legal ownership of the design itself. Therefore, I maintain the right to protect and use my work as I see fit. You must understand the potential risks associated with purchasing a character that you legally did not create and do not own, especially if you intend to invest time & money into it.

I. Character Ownership Agreement

  • You agree that you are paying for the right to use the character and any artwork associated with it and that legal ownership/copyrights still belong to myself, the creator, and that I may act as I see fit in order to protect my work.

  • You understand that you may never use a design commercially without my explicit permission.

  • You understand that you may never copy or reproduce my characters/designs. Fair use inspirations such as "twins/clones" may be allowed for story/roleplay purposes only but must not be sold/traded/transferred OR repurposed with intent to sell/trade/transfer under any circumstances.

  • You understand that if you make (or have made) alterations, modifications, and remixes of your character/art, it must fall under 'fair use.' If a new design is based on my work, however transformatively, I must still be properly attributed as the initial creator.

  • Always provide proper credit when listing my art/characters - whether it is for sale, trade, giveaway, or posting in your personal gallery. If sold/transferred, the next owner must be made aware of the creator so that they can refer to the correct TOS.

  • Co-ownership type situations are between the initial buyer and whomever they elect to co-own a character. I consider these situations little more than a verbal agreement by the initial owner and will not become involved unless protections of my artwork are at risk. If a character is initially purchased by more than one individual at the same time, I will not do anything to prevent a co-owner from using something they had a part in purchasing.

  • You understand that these terms may be updated as necessary by myself.

II. Character Transferal

  • If you received one of my designs in a SALE/AUCTION, you can resell it for as much as you paid for it. You are free to trade it or give it away as well.

  • If you have put CONSIDERABLE EFFORT into a PURCHASED design, (in the form of artwork & writing), and with accordance to other involved artists agreements as well, you may raise the price accordingly. This does not include simply sitting on a character, additional value must be justified.

  • If you received one of my designs in a TRADE, you may trade it or give it away, but please do not resell it without my permission.

  • If you claimed one of my designs in a GIVEAWAY, feel free to give it to someone else, but please do not sell or trade it without my permission.

  • If I gave you a character PERSONALLY/DIRECTLY, please do not trade/sell/give it away without my permission.

  • If at any point during a transaction I asked you to check with me before transferring a character, please do that as there is probably a reason!

With all that being said, I cannot anticipate or enforce others art/character TOS agreements and I do not regard them unless it refers to my own work. For agreements like that you will want to seek help from the website on which the transaction was facilitated and/or other parties involved. I ONLY act when it is necessary to legally protect my work and I will not become involved with personal disputes.

Thank you for your understanding,
– Faye