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@its_whimsii_
@its-whimsii-248

i..ii..iii.

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✧･ﾟ: ✧Will and Won’t create✧:･ﾟ✧
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Will:
• Humans, DND characters, humanoid monsters, anthropomorphic, and other humanoid characters (including robots)
• Pets (cats, dogs, fish, horses, lizards, etc.)
• Bright, pastel, and muted colors
• Chibi and cute
• Very light gore and tasteful swimsuit nudity (nothing suggestive)Won’t
• NSFW and nudity
• Extreme gore or any self-harm
• Realism
• Hyper-masculine or buff characters
• Non-humanoid characters or extremely complex
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Currently offered commission types:
• $15 - 2 or 1 character Cozy Winter YCH (limited time only!)
• $15 - Circle Icon / profile image
• $20 - Square Pet Portrait
• $20 - Full body Rendered Chibi
• $20 - Bust Sketch
• $25 - Half body Sketch
• $35 - Full body Sketch
• $30 - Bust Colored
• $35 - Half body Colored
• $45 - Full body Colored
• $35 - Bust rendered
• $40 - Half body Rendered
• $50 - Full body Rendered
• $40 - Character Reference Sheet
• $35 - Character Doodle Sheet
• $60 - I design a character from scratch (ref sheet)additional fees:
+ $10 for complex background
+ $10 for additional chibi or pet
+ $15 for additional bust or half body character
+ $25 for additional full body character
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WELCOME TO WHIMSII’S TERMS OF SERVICEIt is the client's responsibility to read all the terms listed below.In entering into an agreement with Whimsii (henceforth referred to simply as “the artist”), you (henceforth referred to interchangeably as the “commissioner” and/or the “client”) agree to abide by the terms of this agreement, as well as any additional terms laid out in separate contracts or agreements accepted by both parties at the time of said agreement’s creation. For the purposes of this document, “work,” “commission,” “project,” “art,” and “artwork” refer to the item or service that the commissioner is soliciting from the artist, “deliverable” refers to the completed file(s) to be delivered to the client upon the completion of the project, “work-in-progress” is defined as any part of the creative process leading to the completion of the commission, and “TOS” may be used in place of “Terms of Service”.In the instance that a disagreement occurs, these terms must first be referred to in the case that guidance for the specific disagreement’s resolution is laid out. If no such resolution is expressly laid out, the resolution will default to the artist’s judgment.GENERAL TERMS
• Communication must be kept polite, appropriate, and concise. If communication fails to meet this standard at any time, the artist reserves their right to cancel a commission request, regardless of completion status.
• If there is no character sheet provided, or if the character sheet provided is inadequate for the scope of the project, an additional design fee may be appended to the quote. This fee will be discussed with the commissioner before moving forward with the project.
• Projects that require a strict deadline may be subject to a priority fee AND a rush fee.
• Every tier of work has a set base price. If the commissioner requests something more complex such as props, extra characters, complex backgrounds, or similarly complicated items, inquiry specifying the complexity must be made prior to the final quote being decided upon.If design work is involved in the commission, an extra fee will be required to obtain the intellectual property rights to the design.
• The client acknowledges that the project and its deliverables are digital, with no physical item to be received.GENERAL PROCESS
• The timeline for projects can vary greatly, and so long as regular (monthly or weekly) communications are happening, the client may assume that things are moving forward as intended.
• Any and all revisions will be made to whatever the current version of the artwork is at the time of the requested revision. Workable version files are not saved, and reverting to previous versions of the artwork will be treated as full revisions in cost considerations. In the instance that such additional costs are incurred, the client will be communicated with before proceeding with the project.ARTIST RIGHTS
• The artist reserves the right to decline any commission request for any reason, without question. Poor conduct, as determined by the artist, can result in a cancellation of the project without eligibility for refund. If the client obstructs progression of the project by not responding to crucial inquiries by the artist in a timely manner, it stands as grounds for cancellation and forfeiting of a refund.
• The artist reserves the right to repurpose any unused work for future projects, personal or otherwise.CUSTOMER SATISFACTION
• Any major revisions will come with an additional fee decided by the artist and agreed upon by both parties before continuing the commission. The client agrees that it is up to the artist’s sole discretion what constitutes a “major revision”. In the instance that an agreement on a fee can not be made, the artist or the client may request for the remainder of the work to be cancelled. This cancellation, like all cancellations, is subject to the “cancellation and refund” policy detailed below.
• If a piece is needed on a deadline that the artist deems it necessary to qualify as a “rush order”, an additional fee will be communicated with the client and applied to the total.QUOTES & PAYMENT
• All commission prices are in USD Crypto-currency is NOT accepted as payment.
• Payments will be made using Cashapp exclusively (more payment options will become available in the future)
• Payments must be made UPFRONT before work on the commission begins. Quotes for commissions expire after 1 month - if 1 month has passed from the time of the initial quote, and the prospective commissioner still wishes to move forward with a project, another quote will be required to accurately inform the commissioner of the expected total cost of the project.
• The commissioner agrees to pay the amount of the commission within 48 hours. The amount will be discussed and once a price is set, that 48 hours begins. Failure to pay the amount serves as grounds for cancellation. In the instance of a payment plan being agreed upon, the commissioner acknowledges that none of the files will be delivered until the final payment is made.USAGE RIGHTS
Clients are granted exclusive, non-transferable rights for personal, non-commercial use of the commission. Violation of the ‘USAGE RIGHTS’ terms can and will result in the artist using all available legal resources at the artist’s disposal to demand and retrieve the reparations deemed appropriate by the artist and the law for said violation
Examples of permitted non-commercial uses include:
• Social media profile pictures, personal phone or computer backgrounds, widgets or icons, printing a copy of the image for hanging up at home
Non-exhaustive list with examples of prohibited use with a personal-use license:
• Uploading to ‘in-demand’ applications, such as create-on-demand and print-on-demand services, regardless of commercial or non-commercial use intention
• Attempting to trademark ANY part of the commission. No part or whole of the work-in-progress, or of any of the deliverable(s), may be used for a trade mark, design mark, word mark, service mark, logo, etc.
• Use in advertising, printed or digital, for commercial or non-commercial purposes
• Use in (internal or external) presentations or newsletters for any business
• Use on ANY piece of merchandise including (but not limited to) apparel, stationary, technology, kitchenware, or anything containing a depiction of the work
• Use on a website in any way, shape, or formLICENSES:
For any projects requiring additional rights, discussions and arrangements must be agreed upon BEFORE the project proceeds.
Non-exhaustive list of examples of uses requiring additional licenses:
• Use in any livestream or broadcasting content
• Use in any space/work intended to monetize or aid in monetization
Licenses can be purchased in a year-long term, at the end of which the commissioner and the artist may re-negotiate additional terms for licenses. In the event of additional licenses being purchased, the following terms laid out in this section apply:
• The artist reserves the right to offer, or not offer, licenses at their sole discretion. Licenses are not guaranteed to be available to the client upon request.The artist reserves the right to revoke the license at any time if any of the terms of this service agreement are violated at any point during the term of the license. Either the artist or the commissioner may choose not to renew the license agreement once the term of the agreement ends. Rights bought with one license do not imply rights that may be bought with another license (i.e., purchasing the rights to use a design on a broadcast does not imply that the rights to put the work on merchandise have been purchased as well) MAKE SURE ALL APPROPRIATE LICENSES ARE PURCHASED BEFORE ASSOCIATED USES ARE CARRIED OUT.PROHIBITED USAGE:
Beyond rights available for purchase, some rights are not available for purchase and actions associated with the rights they could grant are NOT permitted under any circumstance.
• Reselling rights are NOT available for purchase. Under no circumstance may the work, or any right to the work, be sold to a third-party. At no point may the client, or anyone the client is in agreement with, alter the work in any way shape or form. Such alterations are EXPRESSLY PROHIBITED. Examples of alterations include (but are not limited to): Changing the hue, value, or intensity of the colors of the work, changing any lineweight or altering the silhouette of the work in any way, and combining the work with any kind of text or graphical elements on or around the work.
• If any changes or alterations are desired, the commissioner MUST contact the artist and make a request for alterations at additional cost. The artist may deny the request based on time, availability, complexity, or for any other reason. If the request for alterations is denied, the client may NOT make an agreement with any third party (with or without an agreement for pay) to make the desired changes.CREDIT:
Regardless of whether or not additional rights are purchased, any instance where the art is used or shared must have an easy-to-find, prominently displayed credit for the artist. Whether or not something is ‘easy-to-find’ will be reasonably decided by the artist in the instance of a disagreement over prominence or ease of access, at which point the credit must be re-applied in an easier to access format, the art must be taken down, or additional action taken.
At NO POINT may the client claim any of the following:
• Credit for the creation of the work, ownership of the copyright of the work, ownership of any rights to the work that were not expressly agreed upon nor subsequently sold to them
• Regardless of the licenses purchased, the artist reserves the right to use, publish, livestream, record, and otherwise use the work-in-progress and finished commissioned artwork to share in any way UNLESS there is an NDA agreement signed before the commencement of the work for the commission begins.MACHINE LEARNING, NON-FUNGIBLE TOKENS, CRYPTOCURRENCY
For the purpose of this section, “AI” stands for “artificial intelligence” and refers to machine learning used for any purpose, including, but not limited use specifically for the purpose of generative output, and “NFT” stands for “non-fungible token”.
• The client may NOT use any work-in-progress, finished artwork, or file associated with this project in ANY way for blockchain technology, machine learning, any future inventions or iterations on blockchain technology AND/OR machine learning, or anything the artist would reasonably associate with these technologies (in the instance of a dispute arising, both parties agree to default to the artist’s definition of the aforementioned “reasonable association”).
• NO past, prospective, or current client may order art ON BEHALF of any party which participates in the production/handling of NFTs, generative art, or anything the artist would reasonably associate with these technologies.
• Failure to disclose usage of artwork for NFT's, crypto-currency, machine learning, or anything the artist would reasonably associate with these technologies will result in blacklisting of future artworks, cut off communication from the artist, revoked rights to ANY AND ALL artwork (personal or commercial) made at any point, past or present, for the client.
• In the instance of a dispute arising, both parties agree to default to the artist’s definition of the aforementioned “reasonable association”. In the instance that this agreement is violated, the client acknowledges the artist’s right to use whatever legal means are at the artist’s disposal to demand and retrieve the reparations deemed appropriate by the artist for said violation.CANCELLATION & REFUND POLICY
• The artist reserves the right to cancel a commission for any reason.A 93% refund is only available if the client has paid the invoice, and the cancelled commission has not been started. The artist will retain 7% of the full total of the cost of the commission as a convenience fee.A partial refund may be available for cancelled commissions that don't exceed the concept stage. If the artist is the party which cancels the commission, the total amount refunded will be calculated by the artist and reflect the total amount of work anticipated for the project by the artist subtracted by the estimated amount of work completed and any outstanding fees or costs attributed to the project.
• Cancelled commissions that are fully completed or that have reached the coloring stage will not be eligible for any sort of refund. In the instance that a commission is cancelled before its completion, so long as there are no issues with payment, the client may keep the uncompleted art (with only a personal license available to them). The artist still maintains the copyright to the art and, as such, it is prohibited for the client to take the unfinished work to ANY third party (e.g.: a different artist, an acquaintance, a machine learning company, an AI machine, etc), paid or unpaid, to be altered in any way or completed. Violating this by sending the unfinished work to ANY third party CAN AND WILL lead to the artist using whatever legal means are at the artist’s disposal to demand and retrieve the reparations deemed appropriate by the artist for said violation.
• The artist reserves the right to sell the aforementioned artwork to new buyersBy submitting a commission form, you, the client, are making an acknowledgement that you understand & agree to ALL of the above terms & that you're willing to accept full responsibility if said terms are violated.

• <3 ~ Commission Ticket!

Please do not repost or claim any of my art as your own. I worked hard on every piece! Personal use (widgets, profile pictures, headers, etc.) are okay as long as clear credit is given. Reposts with @s and credits are okay as well! I would love your help with getting my art out there to like-minded folks.
Feel free to ask questions or open a discussion about my art, process, tools, etc.!
(Pieces at the top are newest, the only exception is the chibi collection)