Lapynne

TERMS OF SERVICE

GENERAL
The Artist retains the right to use the artworks for promotional and demonstrative purposes for their service, as well as the right to edit the art for these purposes.Private commissions may be subjected to NDA fees calculated by the Artist under the Artist's discretion.The Artist retains the right to refuse the client's commission as seen fit, such as if payment has not been completed within the agreed time frame, or if the client violates any of the Terms and Conditions.The Artist is not obligated to render any service outside of the agreed commission order, and will charge accordingly the requests made by the client.The Artist will not draw NSFW of real people, nor pairings of two people/characters without consent from both parties.The Artist will not illustrate depictions of hate violence against minorities and/or groups of people.Any infractions to the Artist's copyright will be met with a DMCA report and a blacklist.The work in progress photos, commissioned illustration, model, or assets are NOT permitted to be used for NFTs (Non Fungible Tokens), minting, or any cryptocurrency related ventures. If it is found to be sold as an NFT or anything of the like, a take down request will be sent and client will be blacklisted.The work in progress photos, commissioned illustration, model, or assets are NOT permitted to be used for generative AI, data scraping or any AI-related ventures. Any infractions will result in filing of a take down request and client will be blacklisted.Minors are not allowed to commission the artist.PAYMENTS
Full payment is preferred, but payment plans of 50-50 or time-frame based plans can be discussed.Payments related to commissions are to be processed through VGen only.REVISIONS
Depending on the type of commission (such as Skeb-type), revisions may not be accepted by the Artist.The Client is limited to 3 revisions only; this includes major revisions through drawing, coloring, lighting, etc. This does not include if, for example, a detail or part of the character was forgotten by the Artist.Major revisions and additions past the third mark will be charged a minimum 30 USD or more depending on the complexity of the change, per revision.DEADLINES AND DELIVERY
The Artist does not take Rush Commissions for personal individual commissioners.Files will be uploaded to a Google Drive folder and sent to the client through either the Vgen account DMs or their preferred email.The Artist will be available for final consultation and review of the finished product for 7 days, past this point the artist will consider the project as fully completed. Any further inquiries or revisions regarding the project will be treated as a new commission and will cost accordingly.USE
The commissioned illustration is for personal use only (i.e use on profiles, decoration) unless the commercial rights fee is paid.Commercial Use Rate
In the absence of royalties, a Commercial Rights Fee of the following will be applied under each circumstance (both fees will ensure that the artist's signature is not present in the product):
Commission is not the main bulk of the product (game cover art, game assets...)
x2 of the total cost of the commission will be applied. To compute a $100 commission, for example:
Illustration or animation is the main bulk of the product (body pillows, merchandise, postcard, wallpaper, Vtuber model...)
x2.5 of the total cost of the commission will be applied. To compute a $100 commission, for example:
100 * 2.5 = $250 total.INTELLECTUAL PROPERTY RIGHTS
The Artist (Lapynne) retains the right to claim the illustration as their own, not including the characters depicted within if not created by Lapynne.The Client may not claim that they created the art, may not remove watermarks, or involve the art in any form of illegal use.The Client retains all the rights to their characters and Intellectual Property in the commissioned illustration.REFUNDS
Once the commission has been deemed fully rendered by the artist and client, no refunds shall be issued even if the client has changed their mind after the discussion.Refunds are to be requested through message, and not chargeback. Chargebacks will result in a blacklist.Commissions completed prior to the line art stage will be refunded 100%.Commissions completed during or past the line art stage but prior to the shading stage shall be refunded 50%.Past the shading stage or once service has been fully rendered as the artist and client have both agreed upon the completion, refunds will no longer be issued.Failure to comply with the Terms of Service shall result in a blacklist, and termination of commission along with a partial, full, or no refund upon the Artist's discretion judging how much work was completed if the Terms were violated during the process of the commission.COMMUNICATION
For Skeb-type commissions, no communication channels will be provided.The Client and Artist can communicate through their most preferred means of communication. Ideally, this would be through VGen Account DMs or business emails.When the Artist is actively working on a commission, depending on the complexity and type the Client can expect an update every few days. The Artist will also inform the Client if anything interrupts the production (such as injury, illness, or unforeseen events)The Artist does not respond to work inquiries from 10 PM GMT+8 to 9 AM GMT+8.The Artist will also accordingly update their Trello in tandem with the progress of commissions.