TERMS OF SERVICE 6/3/24
2 years ago
Price sheet:
Currently not open to commissions outside of patreon, sorry. New price sheet soon tho.
TERMS OF SERVICE AND POLICY:
(Last updated: 6/3/24)
These policies are here to protect both me AND you, and hopefully settle any dispute that may occur. Please read this carefully.
You can also email me at trinitygodag[at]gmail.com for inquiries!
1. Agreement
By ordering a commission from me, you agree to, and that you are fully aware and understanding, of my policies and rules as laid out below.
If you fail to read and or understand them, especially after ordering a commission from me, I am not at fault or responsible.
I retain the right to refuse your commission work for any reason I may find objectionable or breaching my terms of service. (See section 9. of this document.)
I also retain the right to display or advertise the work and designs I do as part of my portfolio or for advertising purposes.
If you do not want your commission to be publicly displayed, please talk to me about it.
You will be able to edit and re-upload the commission or design wherever and however you want after I have been paid and completed the work. However if you do edit the artwork, removal of my signature is strictly prohibited.
Linking back to one of my profiles or the original source is heavily appreciated and requested.
Removal of my signature or credit can result in you being blacklisted from my services or legal action depending on the severity of the issue.
By paying the invoice you also accept and understand that you are paying for a digital product/service, acknowledging that it's impossible to get a physical item from the transaction.
You also agree to give up any attempts of chargeback, and confirming your access/and or ownership of the payment provider account you use to pay the invoice.
Finally you agree that any usage of my work for the purposes of NFTs or AI generation data/prompts is strictly prohibited. If you do so, you automatically forfeit the rights to the artwork and will be blacklisted with possible legal action if my artwork as used for profits in such a manner.
(See section 11 of my ToS for more details.)
Any attempts of chargeback will be considered bad faith by the buyer, and will result in automatic loss of rights to the product made.
In the event of a "character adoption" or design sale, The seller will also have full rights to resell the character design/recycle the art made if chargeback is made.
Violation of anything on this Terms of Service or on the invoice on behalf of the commissioner can result in blacklisting or refunds at my discretion.
2. Payment and Chargeback policy
Upfront and full payments in USD only, I will not accept partial payments.
Please see section 7. Refunds and Cancelations regarding refunds and cancelations on commissions.
Currently I only take these payments Via P[@]yp[@]l (I have to censor that due to their web crawlers.) but I intend on looking into alternative payment providers in the future.
I will send you a invoice for the money once the details of the commission have been discussed and agreed upon.
I will take up the tax that the payment provider takes for fees.
The only exception to partial payments is for commissions exceeding $300 USD, please ask me about a payment plan.
I will only progress the commission to a certain point until I am paid the rest of the money or parts of it in proportion to the work needing to be done on the commission.
For Adoptables and sold designs, please refer to 9. Design Adoptable of this document.
Lastly, any attempts to pay me in Crypto currency will be refunded, voiding the commission and have you blacklisted immediately. I refuse to deal with or accept such volatile "currencies".
3. What I will and won't do:
I am willing and able to draw just about anything provided I'm compensated for my time and work, in addition to feeling either comfortable or at least interested in the subject matter. But I do have some hard limit examples listed below and some reasonings;
I will NOT do:
Babies, Cubs, children, or underaged characters overall.
I am primarily an adult artist, outside of some extremely specific circumstances such as wholesome and safe artwork that you could willingly show a puritanical old person without issue, or a safe for work group shot of a diverse Dungeons and Dragon's group. I have no interest or desire to draw characters that are not of adult age or do not appear/present themselves as adult and or behave as children.
Ferals, such as Animals or MLP Ponies
I simply have no interest in ferals or ponies.
I do not have very much experience with Non-humanoid or monstrous creatures, nor am I interested to any degree in drawing such things.
I will be willing to draw say, your character's war horse, or pet dog as part of a safe for work image alongside a humanoid character, but I cannot guarantee my usual quality due to my inexperience with such subject matter.
As for MLP pony characters, I will only draw them in a Anthro/humanoid form.
It should go without saying, but I refuse to draw NSFW of feral appearing/behaving creatures for a large many reasons nobody should have to bother explaining.
Most fetish content is a case by case basis.
Content such as a heavy focus on feet, certain unhygienic bodily fluids/waste, vore, inflation, and obesity fetishes are all content I am very unwillingly to do amongst a gigantic list of other content of similar nature.
Content involving only gay or solo males in pornographic or sexual situations simply do not appeal to me, and I will urge you to seek another artist as I cannot promise good quality of work with that kind of subject matter. However, drawing homosexual characters in a safe for work setting, or a solo male character naked in artistic nudity or in reference work is perfectly fine for me comfort wise!
Other content such as pregnancy, tentacles, or bondage are also perfectly fine for me as well!
If you're unsure or have questions, please ask me as part of your commission inquiry!
4. NSFW and Explicit:
I consider anything NSFW, (Not safe for work) to be anything that involves nudity. Specifically bare female nipples, genitalia, heavily suggestive themes, very revealing clothing and or posing, is considered NSFW by me.
I consider anything Explicit to be sexual content, such as intercourse, penetration, or non-tasteful nudity. Or content that may be sensitive or intense to a general audience such as gore or traumatic situations.
Please feel free to check with me or ask for more on what I'd consider NSFW or Explicit.
5. References
Visual references are heavily preferred, but not required, It's often very difficult to transfer something from written to visual form when you're not the original author/creator yourself, and oftentimes I could have a very different vision of something in my head then you do.
I do accept doing written descriptions or combining a multitude of unrelated references such as a guideline of outfits or species and body markings! But keep in mind it may turn out differently then you expect! But I do send you works in progress to ensure your satisfaction!
If you don't have a visual reference for me to use, here's something quick and easy you can do that'll help me a lot to do my job!!!
http://i.imgur.com/bpdKxiJ.png
Even if you claim to have absolutely no artistic skill, something is better then nothing! You can also just send me various random references that I can piece together if you'd prefer!
6. Design commissions and "Artist's Freedom"
For Design commissions, or anything that'd be leaving it up to "Artist's Freedom", which refers to me (the artist) coming up with a design or composition for the image on my own with little to no input from the commissioner, let me know and we'll talk to figure something out!
I'm completely fine with designing characters or things for you out of the blue or with notes from you! But keep in mind it may not come out as you expect as I may have a different imagination then you!
7. Wait Time, Updates, and Streaming
There is no expected date of completion for any commissioned artwork, and I will only start work once I get the full upfront payment.
(Or agreed upon payment, if a payment plan is agreed upon)
Real life is a hectic and fickle mistress, and thus takes priority over my commission work.
If there are going to be delays or changes in your commission, I will let you know if I am able to do so!
My turn around time however varies wildly depending on my workload in addition to general motivation and creative related energies at my disposal. I ask that you please be patient and expect that it could take me quite some time to fulfill your order. I am always happy to provide updates if you want to ask! Provided you are not asking me about it so much it becomes harassment instead. I always aim to try and keep you updated by default with my going ons though!
Works in Progress;
I try my best to maintain constant contact with my customers to keep them updated!
I will ALWAYS send you a preview of almost every major step of my process to check if it is alright so far with you before moving further with it, as well as to act as a status update!
However, once the lineart is started, I will only change things on a case by case basis at my discretion. Efficient and malleable as my digital layer structure is, it's still a lot of work to change something once it's already gone past a more rigid point in the process!
Please do not ask for a lot of edits after the initial sketches are finished, let alone whole do-overs.
There is a reason why I send you previews or stream to double check with you if you approve of what's been created!
Asking for different poses/sketches BEFORE the main linework is finalized is totally fine though if its not satisfactory! Just please don't be asking for multiple do-overs or a large amount of nitpick edits since that is more work on me and I may request additional compensation as a result!
The more detail or characters, the longer it will take. I aim to deliver you the best quality I am able to, and profess the idea that good art takes time, so please be patient!
I tend to work on smaller projects first over bigger ones, or if I'm stuck on one ill move onto another to keep myself going.
Streaming;
https://piczel.tv/watch/TrinityGodAG
I normally stream my commissions on Piczel.tv on weekends (Fri-Sun).
If I plan on doing commission work on stream, I will always ask you if you're oaky with me streaming your commission, and if you are I'll try to tell you when I do so!
If you can make it to the stream, it helps immensely and speeds up the commission process by a lot to have your live feedback as I work!
But don't worry about it if you can't make it! Just make sure to be nice in chat, as there's always other people watching with you!
8. Refunds and cancelations
Adoptables are not eligible for refunds.
Refunds are only available if ASKED FOR prior to completion of the finished piece. But if the piece is completed, absolutely no refunds.
If you decide to want a refund in the middle of the commission or I decide to cancel your commission, I will refund what I believe is fair depending on how much work I have done for the commission already. It is possible there will be no refund at all depending upon the situation depending on what I feel is justified.
Such reasons may include;
-Legality over stolen characters or artwork
-Heavy copyrights
-Illegal subject matter
-Personal reasons that may cause a inability to complete the work
-Cancellation for real life issues and emergencies
-Outright canceling out a extremely rude customer. (See 9. Denial of Service)
If you use the digital product after getting a refund, you are fully aware of the possibility of legal actions.
9. Denial of Service
I have the right to deny somebody service or blacklist them if I feel it's absolutely necessary at any point. This includes canceling the commission for either legal, personal reasons as referenced in 8. Refunds and Cancelations, or you being blacklisted from my work for whatever reason.
10. Ownership over Designs & Adoptables
For "Adoptables", sold designs, or custom design work.
The buyer will own the design/Adopt upon paying me in full, and can edit or reupload it as they please.
(Please refer to section 2. for more details regarding payment and charge backs.)
The only agreements/stipulations that must be upheld are:
1. That you do not remove my signature and ensure to properly credit me as the original designer/artist.
2. Acknowledge that Adoptables I sell are not eligible for refunds.
3. I retain the right to display or advertise work of the initial design or adoptable as part of my portfolio, or for advertising purposes after you have purchased the product.
4. Avoid re-selling the design for more or less then you originally purchased it for until further artworks of the design have been reasonably acquired or created.
I am aware the final part of this clause is very vague and easily loop-holed, especially due to the highly subjective nature of art.
I ask that you please TRY NOT TO RESELL the designs.
I work very hard to create, design, and produce all of my works like any good artist should. But I know I cannot stop you from reselling the designs, nor should I prohibit it. I understand people can get into a pinch sometimes, or they no longer enjoy the created work or design.
Any violation of either removal of credit, or reselling beyond/below the original price (without additional artwork) can possibly result in you being blacklisted from future adopts and commissions from me at my discretion, especially if it's under the pretenses of profit or "flipping".
I will keep written track of who owns what adopt in anticipation in the event of this (hopefully never) occurrence.
In the other strange event however, that you would like to give the adoptable back to me for whatever reason, please personally message me, and we will discuss terms from there.
As stated in section 8, You will not receive your money back, or anything else in return If you decide to do this.
I would absolutely love to see what you do with them however if you draw them, develop personalities and stories, or get commissions!!
It is often a great compliment to an artist such as myself to see their designs get proper usage and love!
11. Absolutely no usage of my artwork, writings, or content for NFT's or as prompts or data for AI generated works.
Any usage of my artwork in NFT's (Non-Fungible Tokens) or as data or "prompts" for AI generated art will automatically forfeit your rights to the art or refunds. Regardless if it was a commission you ordered or my own personal art, completed or partially completed, edited or not edited.
You will be immediately blacklisted from my services, and legal action will be taken if it is discovered you have used my work for profit via NFT's or AI generated content.
It should go without saying, despite how great the potential of AI systems and algorithms can be for the world as a whole. It is a extreme insult to creatives to steal their work and have it fed and regurgitated through a machine operated by a untrustworthy persons who have no empathy or regard for the consequences of their actions.
In my personal opinion, AI and machines should help free us from dangerous and menial tasks to allow us to pursue more fulfilling endeavors of the creative and intellectual or whatever else it is we desire.
Not replace us in every aspect of society in order to benefit the few who profit from its abuse.
12. Updates on ToS/Policy
I will notify current (payed or potential) commissioners of any updates I make to my Terms of Service and Policies when they happen and are significant enough that I feel I need to let people know.
If you have any questions or concerns! please get in contact with me either over email, twitter, or here on FA!