I. GENERAL DEFINITIONS and ACKNOWLEDGMENT

✦ Terms and Conditions (also referred to as "Terms" or "Service"): This agreement between the Client and the Artist regarding the use of the Service.✦ Service: The agreement between both parties covering everything stipulated in these Terms, documented via purchase and correspondence discussing pertinent Commission information.✦ Artist: INFERNALYA.✦ Client (also referred to as "You"): The individual accessing or using the Service.✦ Commission: The service and limited use license provided by the Artist to the Client, mainly for V-Tuber avatar design* and other streamer assets*** V-Tuber Avatar Design: Design and customization of virtual avatar artwork to represent the Client’s idea in digital form, used for live streams or recorded videos.** Other Streamer Assets: Virtual backgrounds, custom emotes, stickers, and other visual assets.✦ Website and Social Media: INFERNALYA's online presence, including Website, X, and Ko-fi, etc.

These Terms govern the use of this Service and the agreement between the Client and the Artist. They apply to all visitors, users, and others who access or use the Service.
If you disagree with any part of these Terms, you may not use the Service.
You must be over 18 to use the Service.

III. FLOW OF WORK

1. Commission Inquiry

The Client contacts the Artist with artwork request details.

2. Submit Commission Order Form

The Client fills out a commission order form provided by the Artist.

3. Cost Quote

The Artist reviews the commission order form and provides a cost quote.

4. Invoicing and 50% Payment

The Artist sends an invoice for the initial payment (50% of the total cost).
The Client pays the initial 50% to secure the Commission slot.
(See II. PAYMENT TERMS - 4. Payment Structure)

5. Start of Work

Upon receipt of the initial payment, the Artist begins working on the Commission. The Client waits for updates and may provide additional information if requested.

6. WIP Updates & Feedback

The Artist provides work-in-progress (WIP) updates.
The Client reviews WIP updates and provides feedback or approval. Unlimited iterations are allowed at this stage, and add-ons can be included by paying the difference.

7. Commission Delivery

The Client completes the remaining 50% payment quote within the initial invoice provided by the Artist.
The contents of the Commission will be delivered to the Client via email attachment or an online download location (e.g., Google Drive). All deliverables are digital.

8. 2 Weeks After-Service Period

The Artist offers a two-week period for minor revisions or adjustments. The Client can request minor changes within this period. Revisions requested after this period may not be obliged.

9. ETA (Estimated Time of Arrival)

The average time for a Commission to be completed is between 4-16 weeks, depending on complexity of the request and the Artist’s schedule. The Client may not demand early delivery unless a Priority Commission has been filed.

II. PAYMENT TERMS

1. Sale

By commissioning the Artist, you acquire the Service and limited rights of use for the content of the created Commission as specified.

2. Pricing

The Client may obtain a cost estimate on the Website. These prices are guides and may not reflect the ultimate cost of a specific Commission.

3. Payment Process

Payments are accepted in USD via PayPal invoicing services. The final product will only be delivered once the Artist has received full payment.

4. Payment Structure

50% of the total commission amount is due at the time the Service is signed.
The remaining 50% must be paid before the Commission is delivered. Until full payment is received, the Client will not receive completed artwork or functioning files.

4b. Payment Window
Invoices must be paid within 48 hours unless otherwise agreed. The Service may be terminated for non-payment.

5. Chargebacks

The Client forfeits all ownership rights to the Commission in the event of an illegitimate chargeback. The Artist may then use, alter, or resell any portion of the Commission to recover lost wages if the chargeback dispute is not resolved in the Artist's favor.

6. NDA (Non-Disclosure Agreement)

The Client may request an NDA for the subtotal cost of the Commission. This Agreement implies that the Artist will not exhibit the Commission on social media until it is fully delivered and approved by the Client.

7. Priority

Priority Commissions can be granted for the subtotal cost of the Commission. The Artist will then deliver the Commission before the agreed ETA. Hard deadlines of less than one week from the start of work will be automatically denied.

IV. REFUNDS and CANCELLATIONS

1. Cancellation

The Artist reserves the right to refuse service and cancel the Service at any time, with or without cause, by providing written notice to the Client.

2. Refund

A refund may be issued under the following circumstances:✦ If the Commission is cancelled before the start of work.
✦ If no progress is made for more than 12 consecutive weeks.
✦ If the Artist fails to meet the responsibilities and obligations under these Terms and Conditions.

3. Refund Amount

The refund amount will be determined based on the progress of the commission and the Client's rights and ownership of the commission content thereafter. No refund will be issued if the Commission is terminated after work has started due to the Client's rude or inappropriate behavior, poor communication, or breach of the Terms and Conditions.

V. COPYRIGHT

1. Copyright and Authorship

The Artist retains all copyright and authorship rights for the commissioned work and may display it on their social media, websites, and offline locations.

2. Credit

The Client must credit the Artist whenever the commissioned work is displayed offline or on social media, prominently featuring the Artist’s name, social media handles, or website link.

3. Modification

The Client is prohibited from editing, altering, or tracing any part of the original commissioned files. The Client may not use any part of the commission to create derivatives using AI software.

4. Unauthorized Distribution

The Client may not distribute, resell, or reproduce any part of the original commissioned files. The commission may not be used or modified for NFTs or cryptocurrency.

5. Commercial Use

Provided the Terms are not breached, the Client is permitted limited commercial rights to use the contents of the Commission for both tangible and intangible commercial purposes, such as online social media promotions, monetization via streaming, digital merchandise, and physical goods.