VALUES

TERMS OF SERVICE

1. SCOPE OF WORK & HIRING PROCESS
1.1. This agreement governs the creation of an artistic work, as specified in the Commercial Proposal (clause 1.10), hereafter referred to simply as "the Work" or "the Project".
1.2. The hiring process begins when the CLIENT submits a request form, which will be reviewed by the ARTIST.
1.3. The ARTIST reserves the right, at their sole discretion, to accept or refuse any request based on its content, theme, complexity, availability, or any other reason.
1.4. Upon positive review of the form, the ARTIST will provide the CLIENT with a Public Project List (e.g., via Trello) for workflow transparency.
1.5. The CLIENT agrees to provide, in full and in advance, all information, visual references, texts, and materials necessary for the execution of the Work, preferably compiled in a single file or folder (e.g., Google Drive, PDF).
1.6. The CLIENT declares and warrants that:
• They have the legal authority to enter into this agreement and will be solely responsible for approvals during the process.
1.7. For the exclusive purposes of this agreement, the CLIENT grants the ARTIST a non-exclusive, temporary license to observe, reference, and replicate the provided materials.
1.8. The ARTIST agrees to perform the work diligently, with care and best efforts according to their skills, and warrants that the Work will be their original creation, except for the use of licensed or public domain materials.
1.9. The ARTIST may use third-party tools, software, brushes, and materials, provided they hold a valid commercial license for such use.
1.10. The ARTIST will present the CLIENT with a definitive Commercial Proposal containing the detailed scope, final price, delivery deadlines, and specifications of the Work. Work will commence only after the CLIENT's explicit acceptance of this proposal.
1.11. The CLIENT is expressly prohibited from using the finished Work, in whole or in part, for the creation, training, or integration into any generative Artificial Intelligence (AI) system or as a Non-Fungible Token (NFT), under penalty of civil and criminal liability.
2. TIMELINES & DELIVERY
2.1. The estimated time for completion of the Work will be a minimum of 2 (two) days up to 3 (three) weeks, starting from the date of payment of the first installment (clause 7.1), and may vary depending on the project's complexity and the ARTIST's work queue.
2.2. Rush jobs are not accepted, except by prior and express negotiation and agreement, which may result in an additional fee.
2.3. The ARTIST commits to providing voluntary updates and feedback to the CLIENT throughout the process.
2.4. The official delivery channel for the finished Work will be agreed upon by both parties (e.g., Google Drive, email). The ARTIST may provide files in PSD, PNG, PDF, or JPG formats.
2.5. Any delays will be communicated by the ARTIST to the CLIENT as far in advance as possible.
3. CONTENT RESTRICTIONS
3.1. The ARTIST will not produce content they deem explicitly sexual, pornographic, excessively violent (gore), offensive, or illegal.
3.2. Specific thematic restrictions include, but are not limited to: furries, heavy gore, complex armor, scenes without characters, explicit adult content, portraits of real people, the elderly, deliberate copying of another artist's style, and monstrous creatures.
3.3. The final definition of whether a theme aligns with the ARTIST's policy is discretionary and sovereign.
4. REVISIONS & ALTERATIONS
4.1. The base price includes up to 2 (two) rounds of general revisions, which may only be requested during the sketch phase.
4.2. After sketch approval and the start of the line art and color phase, only minor adjustments (such as correction of the ARTIST's minor errors or tonal adjustments) will be permitted without additional cost.
4.3. Extra, excessive revisions or alterations that modify the approved scope may be charged separately at the ARTIST's discretion, or may even lead to contract termination without refund.
4.4. The CLIENT may not edit, modify, or derive from the finished Work without the ARTIST's prior written authorization.
5. COMMUNICATION
5.1. Communication will be maintained preferably through the channels agreed upon in the Proposal (e.g., email, WhatsApp, Trello). The CLIENT is responsible for remaining accessible.
5.2. The ARTIST commits to responding to project-related communications within 48 business hours.
5.3. Both parties agree to keep communication restricted to matters pertinent to the project.
5.4. Silence or absence from the CLIENT for a period exceeding 15 (fifteen) days without justification may be considered abandonment, resulting in project cancellation and application of the penalties in clause 8 (Cancellations).
5.5. If the Work is intended for commercial use or printing, the CLIENT must inform the ARTIST of this requirement before work begins, otherwise the ARTIST will not be responsible for the final file's suitability.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. ARTIST's Rights (Moral & Patrimonial): Unless otherwise stipulated in the Commercial Proposal, the ARTIST retains all copyright and intellectual property rights to the Work. This includes, but is not limited to, the right to display, reproduce, distribute, and use the Work and its work-in-progress stages in their portfolio, social media, streams, and promotional materials.
6.2. License to CLIENT: Upon full payment for the Work, the ARTIST grants the CLIENT a non-exclusive, perpetual, worldwide license to use the Work for personal, non-commercial purposes, unless a commercial license was explicitly purchased.
6.3. In case of cancellation by the CLIENT after the sketch phase begins, the ARTIST retains all rights to the developed sketches and concepts and may use them freely.
6.4. The CLIENT may request that the Work not be publicly disclosed by the ARTIST ("private commission" option). This condition, if accepted by the ARTIST, may result in an additional service fee.
7. PAYMENT
7.1. Payment will be made in 2 (two) installments:
• 50% (fifty percent) as a deposit, upon commencement of the sketch;
• The remaining 50% (fifty percent), before delivery of the final high-resolution file.
7.2. Accepted payment methods are: PayPal, or Bank Transfer.
7.3. The ARTIST will send the invoice or payment link to the CLIENT at the appropriate time. The CLIENT is prohibited from making unsolicited advance payments.
7.4. Prices are quoted in BRL (Brazilian Real) or USD (US Dollar), as agreed.
7.5. The CLIENT acknowledges that requests exceeding the initial scope due to complexity or additional requests may be subject to a price adjustment.
7.6. The CLIENT expressly agrees not to request chargebacks or refunds from their card issuer or payment platform, committing to resolve any issues directly with the ARTIST under the rules of this agreement.
8. CANCELLATION & REFUND
8.1. Cancellation by CLIENT (Change of Mind):
• Within 7 (seven) days of deposit payment: The CLIENT is entitled to a refund of 50% of the paid deposit (25% of the total value). The ARTIST reserves the right to decline future work with the CLIENT.
• After 7 (seven) days from payment or after sketch approval: The deposit is non-refundable. The ARTIST will provide the CLIENT with all material produced up to the cancellation date.
8.2. Cancellation by ARTIST (Force Majeure/Impediment): If the ARTIST is unable to complete the Work due to force majeure (e.g., serious illness, accident), the CLIENT will be entitled to a full refund of amounts paid, proportional to the completion stage.
8.3. Cancellation due to CLIENT's Default: Failure to meet response deadlines (clause 5.4), provision of incorrect information, or disrespectful conduct may lead to unilateral cancellation by the ARTIST without refund.
8.4. Delivered Product: Once the final and approved Work is delivered, there is no right to a refund, as it is a customized intellectual good.
9. CONFIDENTIALITY
9.1. The parties agree to maintain the confidentiality of all confidential information exchanged during the term of this agreement, such as personal data, strategies, non-public concepts, and financial information.
9.2. The CLIENT's identity (name, nickname, social media) will not be disclosed by the ARTIST without their prior authorization.
10. GENERAL PROVISIONS & ACCEPTANCE
10.1. The CLIENT declares they are at least 18 years of age and have full legal capacity to contract, or are represented by their legal guardian.
10.2. This agreement becomes effective on the date of the first contact that led to the accepted Commercial Proposal, or the first financial transaction, whichever occurs first.
10.3. Submission of the request form, with the "Yes, I agree to the Terms of Service" option marked, constitutes irrevocable electronic acceptance of all clauses of this agreement.
10.4. Companies, agencies, or organizations must contact the ARTIST to establish a specific agreement.

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