terms of service
1: General Terms
1.1:
These terms apply to me, Firri April, the artist, and you, the client who is commissioning an art piece from me. The art piece mentioned in these terms refers specifically to the art you are commissioning from me when agreeing to these terms. These terms exists to explain the commissioning process and to bring clarity in case of disputes. Be sure to read these terms thoroughly before commissioning me. I may edit these terms without notice at any point.
1.2:
To commission me, you must be at least 18 years old to comply with PayPal’s age requirement.
1.3:
I will not accept commissions that involve pornographic, kinky or explicitly sexual content or exposed genitalia. I will accept pin-up style commissions and I do not count exposed breast as sexual content, but I may censor such piece when uploading it to my galleries to keep my content safe for work. I will not accept any commission that involves content that is offensive, illegal, or defamatory towards any person or group of people.
1.4:
If you are commissioning a piece of art that I deem intimate and it involves a character belonging to- or depicting another person, said person must consent to the commission by messaging me, or you must otherwise be able to assure you have their consent for the piece to be created.
1.5:
I reserve the right to refuse providing my service to you without declaring the reason. I also reserve the right to cancel and refund your commission at any point after starting it without declaring the reason.
1.6:
You may request a deadline for your commission. I must acknowledge and agree to the deadline before sending you the invoice for it to take effect. I may charge you extra for an urgent commission, but I will refund this sum if I miss the deadline. If I miss the deadline by over a week, you have the right to request a refund under the same terms I refund cancelled work (see entry 2.4). If you request changes to the work after I’ve agreed to a deadline, the deadline must be re-evaluated to match the amount of extra work the changes may require.
1.7:
You may not use any of the art I create for training of generative AI systems or as input for generative AI.
2: Payment and Refunds
2.1:
You are paying for me to create a piece of artwork of your character or desired subject, the time I spend on communication and other service involved with creating the artwork to your specification, and the license that lets you use the commissioned artwork under certain limitations.
2.2:
Payment must be done with PayPal. I will send you an invoice to the email address linked to your own PayPal account after you have approved the initial rough sketch or sketches of your commission. Payment should be completed within 48 hours of me sending the invoice unless otherwise stated.
2.3:
Payment plans can be negotiated in commissions priced over €300. We must agree on an initial payment that you must complete within 48 hours of me sending the invoice. You must complete the rest of the payment before the commission is finished or at the latest 30 days after the first payment unless we’ve agreed otherwise.
2.4:
All payments are final. I will not do refunds unless I have missed a deadline (see entry 1.6) or cancelled the work myself, in which case I may, under my own discretion, either refund the payment in full without providing any work for you, or refund the commission partially in exchange for the unfinished artwork.
3. Updates and changes
3.1:
I generally finish commissions within one or two weeks of sending the invoice. However, this may vary greatly depending on the complexity of your commission and the amount of projects I am working on simultaneously. You may request to see a work in progress image of your commission at any time while I work on it, but please remain patient as I often work with a flexible schedule and keep days off in between.
3.2:
During the initial sketching phase we can go over a maximum of three iterations of your concept before I send you the invoice for the work. Any extra iterations will be charged for until you are happy with the contents of your commission. After you have approved the initial sketch, I will not do any more fundamental changes to your commission without compensation.
3.3:
You may request changes after the initial sketch has been approved, but if I deem these changes will require notable extra work, I may ask to send you an additional invoice with a sum that reflects the extra time it takes to apply these changes. You must pay this invoice within 48 hours of me sending it before I make the requested changes. However, do not be afraid to give feedback if for example you wish aspects of your character to be drawn in a certain style. I will gladly do small adjustments especially during early parts of the work to make sure you are happy with your commission.
3.4:
If I have missed any character features or other important details that were visible in the references that were given to me before finishing the commission, or communicated to me before finishing the commission, I will fix them without extra compensation. If I have declared the commission finished I will go over and fix these mistakes only once.
4. Copyright
4.1:
I will remain the copyright owner of the commissioned artwork. I have the right to publish the work in any of my own galleries or social media pages or use the piece for prints etc. I do not currently sell prints or any other merch of commissions but I retain the right to that unless you request your piece to not be used in this manner.
4.2:
You have the right to use the commissioned artwork under the limitations of the CC-Attribution-NonCommercial-NoDerivs I license. In short, you are free to share and use the commissioned piece, and you can freely publish it on your own social media pages or gallery. You are not allowed to use the work for any commercial gain, and you are not allowed to publish any derivatives or edited versions of the artwork, including any edits made by other artist to my artwork. Cropping your commissions for the purposes of using it as a social media avatar or banner or equivalent is allowed. You do not need to provide a link to the license upon sharing the piece despite the official guidelines telling you to do so.
4.3:
If you wish to commission artwork for a commercial project, or you wish to use the work under a different license or purchase the copyrights for the piece entirely, please contact me at [email protected] before commissioning me.
5. Delivery
5.1:
The commission is considered finished when I deem it meets my standards for my work equivalent to the quality commissioned, and when it adequately depicts your concept.
5.2:
After the commission is finished and we haven’t agreed upon otherwise, I will send the finished files to your contact email. You will receive two .png images of the artwork you commissioned; one .png file in the original high resolution, and one compressed, and sometimes glazed and or nightshaded, .png file with lower resolution. The high resolution image of illustrations is usually at least 2000 pixels in size on it’s short edge. The lower resolution image is meant to be used if you wish to publish the work in your social media gallery or any other website, in order to combat art theft and AI scraping. If your commission includes multiple variations of the same piece, you will receive both a high resolution .png file and a low resolution .png file of all of these variations.
5.3:
I am not required to keep the original files of the commission on my system after sending the .png files to you. Make sure you save the files you are given in a safe location!