T.O.S. VTUBER MODELS

T.O.S.
VTUBER MODELS

These Terms of Service apply to all VTuber model commissions unless otherwise agreed in writing,
All prices include standard VTuber commercial use (streaming & monetized content).
Merchandising requires additional licensing.

Extended commercial rights (Level 1 & Level 2 in merchandising) must be purchased separately.

COMMERCIAL USE FEE

Level 1: When the artwork is NOT the bulk of the product.

Examples: promotional material, CD cover, game assets...in this case the total price of the commission are multiplied by 2.

Level 2: When the artwork is the bulk of the product and you're reproducing or selling it.

Examples: body pillow, postcard, prints, merchandise, etc. In this case the the total price of the commission are multiplied by 3.

COMMERCIAL USE LICENSE (VTUBER MODELS)

The commercial license is included by default in VTuber model commissions, but is strictly limited to VTuber-related activities.

Permitted Commercial Use:

Streaming on platforms (Twitch, YouTube, TikTok, etc.)
Monetization through ads, donations, subscriptions, memberships
Use in social media branding as a VTuber identity

NOT included unless a separate agreement is made:

Merchandising (prints, apparel, physical products, etc.)
Commercial redistribution of the artwork as a standalone product
NFT use or AI training datasets
Corporate branding or advertising campaigns unrelated to VTubing

GENERAL INFO

By commissioning me, you acknowledge that you have read and accepted these Terms of Service.
The commission includes a layered PSD file prepared for Live2D rigging, unless otherwise specified.
The final model will be delivered digitally through Google Drive or a similar file-sharing service.
Clients are responsible for downloading and backing up their files after delivery.
Complete visual references are required. I do not work from text descriptions alone.
I reserve the right to decline any commission for any reason.
I work exclusively in my own art style and will not imitate or replicate another artist's style.
Minor artistic differences may occur between portfolio examples and the final artwork due to artistic growth and workflow improvements.
The client is responsible for providing accurate references, design details, and requirements before work begins.
I am not responsible for issues caused by modifications made by third parties after delivery.
If additional parts are required during the rigging process, reasonable adjustments may be provided at the artist's discretion.
The client must own or have permission to use any character submitted for a commission.
I am not responsible for copyright disputes arising from references, designs, or materials provided by the client.

I retain full copyright and intellectual property rights to the commissioned artwork, including all source files, PSD files, layers, and individual art assets.

The client receives a perpetual, non-exclusive license to use the commissioned character as their VTuber identity under the agreed commercial terms.

This means:

• I may display the artwork in portfolios, social media, promotional materials, commission showcases, and self-marketing purposes unless an NDA or private commission agreement has been purchased.

• The client may use the commissioned character for streaming, content creation, monetized VTuber activities, and branding related to their VTuber identity.

• The client receives usage rights to the VTuber identity and character, but does not obtain ownership of the underlying artwork files or copyright to the artwork itself.

• Copyright ownership of the artwork remains with me at all times unless otherwise agreed in writing.

PAYMENT PROCESS

All payments will be made through a PayPal Invoice in Euros. Once shipped, if not paid within 48 hours, the slot may be taken by another customer.
Full payment is required upfront before work begins
Payment is non-refundable once sketch phase has started
No chargebacks allowed; disputes will result in blacklis
I will add you to my "to-do list" once payment is cleared and details are given.
Do not send me any kind of payment until I have confirmed I can accept your commission. Always wait for my instructions first!
On your first problematic transaction, you'll receive a simple verbal warning.
I will send the invoice from the email "Lyrixless@gmail.com"

WORK SPEED| DEADLINES | CHANGES | DELIVERY

Estimated completion times may vary depending on workload, commission complexity, and personal circumstances.
Unless a deadline has been agreed upon in writing, completion dates are estimates and not guarantees.
I reserve the right to refuse to take a job if I do not feel comfortable with it.
4 Revisions are allowed in the sketch. Any change once the sketch is approved will apply a fee of 30€ per change. Major structural changes after approval may not be accepted.
All jobs/wips will be sent to the client from the email "nekoartcommissions-gmail.com", using a google drive which the client can access at any time, and in the event that the link does not work, the client can request a new link
Client is responsible for downloading and backing up files
High-resolution PSD + PNG previews included

CANCELLATIONS AND REFUNDS

If a waiting list is in place, a non-refundable reservation fee of 40% may be required to secure a slot
If the Terms of Service are violated and a refund is requested, the person who committed the violation will be added to the blacklist and I will no longer work with that user.
Once sketch is approved, refunds are not available

PRODUCT DEFINITION

This commission provides a digital VTuber model illustration prepared for rigging purposes.

You are purchasing:

A layered PSD file optimized for Live2D rigging
Separated elements required for animation
Final PNG previews

This is a digital art service, not a software product or fully rigged model.

CHARACTER UPDATES & ADDITIONAL ASSETS

The client may commission additional outfits, hairstyles, accessories, expressions, alternate forms, or other assets for their VTuber character from other artists.

However:

• My original PSD files, layers, and artwork may not be edited, modified, traced, reused, or incorporated into new assets without my prior permission.

• New artists may create entirely new assets based on the client's VTuber character, provided they do not use, alter, copy, trace, or modify any part of my original artwork.

• Any modifications to my original model artwork require my prior approval.

• The client may share the original PSD file with a hired rigger solely for rigging purposes, as outlined in these Terms of Service.

• Commissioning additional assets from another artist does not grant permission to modify, redistribute, or reuse any part of my original artwork.

FILE USAGE & RESTRICTIONS

The PSD file is strictly for rigging purposes.
Redistribution, resale, or sharing of source files is prohibited except when necessary for rigging.
Modification of the artwork outside rigging adjustments is not allowed.
Any structural edits to the artwork require artist approval.

THIRD-PARTY RIGGER USE

The client is allowed to provide the PSD file to a Live2D rigger or technical artist solely for the purpose of rigging the commissioned model.

Conditions:

• The PSD file may only be used for work related to the commissioned model.
• The rigger does not obtain ownership, copyright, or usage rights over the artwork.
• The PSD file may not be redistributed, shared, reused, sold, or incorporated into other projects.
• I may provide reasonable adjustments or additional parts required for rigging at my sole discretion.

ARTISTIC STYLE DISCLAIMER

I work in a personal style that may evolve over time.
Minor differences in rendering, linework, or coloring may occur compared to samples shown in the portfolio.
The client is responsible for ensuring the artist’s style matches their expectations before commissioning.

PORTFOLIO USE

Unless a private commission fee is paid, I reserve the right to:

Display the artwork in my portfolio
Share it on social media
Use it for promotional purposes

PROHIBITED USE

The client may NOT:

Claim authorship of the artwork
Remove signatures or watermarks
Use the artwork in AI training datasets
Resell or redistribute the PSD or assets
Modify the artwork beyond rigging needs
Use the artwork in illegal or defamatory content

NDA

A confidentiality agreement (NDA) may be requested for an additional fee equal to 30% of the commission price.

Under NDA:

The artwork will not be publicly displayed by the artist
The project will remain private indefinitely unless agreed otherwise

CREDITS

The Client may post the artwork on social media platforms providing credits to the Artist.
However, the client may not claim authorship of the artwork under any circumstances.

AI POLICY

The commissioned artwork, PSD files, source files, sketches, assets, and final files may not be used for AI training, machine learning datasets, image generation systems, dataset creation, or similar technologies.
This restriction applies to both commercial and non-commercial use.

CHARACTER TRANSFER

The client may transfer ownership of their VTuber character identity to another individual.
However, this does not transfer ownership of the artwork, PSD files, source files, or copyright, which remain the property of the artist.
These Terms of Service remain attached to the artwork and continue to apply to any future owner.

CLIENT RESPONSIBILITY

The client is responsible for providing complete references, accurate information, and timely feedback throughout the commission process.
The client is also responsible for responding to requests for approvals, revisions, or important project-related communications within a reasonable timeframe.
If the client becomes unresponsive for more than 60 consecutive days, the commission may be considered abandoned and closed without refund.

I reserve the right to update or modify these Terms of Service at any time. Changes will not apply retroactively to commissions already in progress unless otherwise agreed.