Commission Terms of Service

< WARNING >

By submitting a commission request to Mister Mysteria, hereafter referred to as “The Artist,” you, “The Client,” attest that you have read and agree to the following Terms of Service:

< 1. GENERAL DISCLAIMER >

Electronic Signature Agreement
1. Each party agrees that this agreement, and any additional agreements to be delivered in connection to this agreement may be electronically signed. Any electronic signature associated with this agreement or related agreements shall be deemed to have the same legal force and effect as an original, handwritten signature for the purpose of validity, enforceability and admissibility.
2. The Client understands that clicking to accept the Artist’s Terms of Service constitutes as an electronic signature.
If any clause in this agreement is found to be void or unenforceable by law, such determination will not affect the validity or enforceability of the remaining clauses in this agreement.

< 2. CONTENT REQUEST GUIDELINES >

Clients are allowed to request commissions involving the following types of content:
1. Art of any human / humanoid, furry / anthro, animal or monster, in respect to what is allowed by the rightful owner of the original content, character and/or IP.
2. Shipping content between any characters of any gender that are canonically 18 years or older, in respect to what is allowed by the rightful owner of the original content, character and/or IP.
3. Mild to moderate injury and/or gore
4. Content generally considered as Not Safe for Work (NSFW)
  1. Age verification will be required for any NSFW request
  2. Limitations on NSFW content is at the discretion of the Artist. Please reach out to the Artist if you have any questions regarding what is and isn’t allowed.
Clients are NOT allowed to request commissions involving the following types of content:
1. Any illegal or non-consensual relationship content, including content that would otherwise be considered illegal or problematic in a real world scenario (including but not limited to pro-shipping).
2. Any content glorifying offensive groups, individuals or actions (including but not limited to racism / racist depictions, homophobia and sexism).
3. Obscene, excessive, or hyper-realistic gore.
4. Characters or people from content or IP related to any of the disallowed categories.
Any client that attempts to request commissioned content that falls under disallowed content categories will be warned and/or blacklisted from commissioning the Artist, depending on severity.

< 3. COMMISSION PROCESS >

Commission Availability
1. Commission slot availability is set at the discretion of the Artist, and slots may be closed or changed at any time, without notice. Any reserved or in-progress projects will not be affected by changes in slot availability.
2. All commission services rendered are strictly digital. By submitting a request, the Client understands that they will not receive any physical product under this agreement.
Starting an order
1. The Client must submit an official request for instant order or custom proposal commissions through the requested service’s VGen listing.
2. Rush fees will be applied to any request with a deadline shorter than the service’s defined “rush window.” Rush windows and fees vary on a service by service basis, and are subject to change as necessary.
3. The Client will be asked to provide supporting references, assets, and/or other information. The Client is responsible for ensuring that all information provided through the VGen request form accurately reflects the Client’s needs. References created using Generative AI are tentatively allowed, but strongly discouraged, and may result in the Artist refusing future requests.
4. The Client is responsible for ensuring that all relevant add-ons are requested at time of payment. Commission requests that fail to disclose all relevant add-ons may be cancelled, with or without refund at the discretion of the Artist.
5. If the Client requests any service considered to be Not Safe For Work (NSFW), the Client will be asked to provide age verification in the request form.
6. Once a request has been submitted and agreed upon with the Artist, the Client will receive a copy of this agreement.
When work begins
1. The Client will be able to track the status of their commission via the usage of VGen’s built in tracking feature.
  1. Instant order requests (i.e. Your Character Here (YCH), Skeb or Surprise Me) will not receive Work In Progress (WIP) photos during the commission process.
  2. Custom proposal requests (i.e. completely custom portraits, branding graphics, or custom inquiries) will receive watermarked WIP photos during the commission process.
2. The Client is responsible for maintaining consistent, respectful communication with the Artist. Clients engaging in disrespectful or inappropriate conduct will be warned one (1) time without consequence.
  1. Inappropriate conduct includes, but is not limited to: harassment, extreme profanity, threats, and/or sexual advances.
  2. Clients are expected to respond to the Artist in a timely manner. If the Artist is unable to re-establish contact after three reasonably made attempts over the span of 14 calendar days, the commission will be automatically considered completed.
3. The Client will receive a watermarked version of the proposed final product. If the Client is happy with the work, and no further revisions are requested (or allowed, depending on the service), the commission will be considered complete.
Revisions
1. Revisions are not allowed for instant order requests, unless otherwise specified in the service’s listing.
2. Up to 2 requests for major revisions are allowed during the sketch and/or resource compilation phase of a commission.
3. Up to 3 requests for minor revisions are allowed prior to the completion of the commission.
4. Revisions are not allowed for any commissions once the Client has accepted a finished product.
5. The Artist reserves the right to refuse any revision requests that are deemed unsuitable, unreasonable or would otherwise require additional payment.
When a commission is complete
1. The Client will receive the full resolution, un-watermarked finished product via email and/or other specified contact points.
2. The Client will NOT receive any physical product from services rendered under this agreement.

< 4. PAYMENTS & REFUNDS >

Pricing
1. All prices are in USD ($). The client is responsible for any applicable currency conversion fees.
2. Commission service prices, including licensing and miscellaneous fees are subject to change, and may be changed without notice. Commission pricing will NOT be changed retroactively for any services reserved, in-progress or completed.
3. Custom proposal commission services include a 10% non-refundable deposit in the full quoted price for a project (at no additional charge).
Payment
1. All payments for commission services are processed through the Artist’s official VGen profile (vgen.co/MisterMysteria).
2. All payments must be completed in full before work can begin on a commission request. Payment plans may be made at the discretion of the Artist.
Refunds & Cancellations
1. The Client may NOT cancel or refund a commission after accepting a finished product (a full resolution, un-watermarked version of a project).
2. The Client has the right to cancel a commission request under the following circumstances:
  1. At any time before work begins on an instant order for a full refund, or on a custom proposal for a 90% refund.
  2. During the sketch, line art, or resource compilation phase of a commission, and receive a 50% refund.
  3. At any point prior to the commission’s completion for a 10% refund if not otherwise mentioned.
3. The Artist reserves the right to cancel a commission request under the following circumstances:
  1. If the commission request breaches any part of this agreement, the Client will NOT receive a refund.
  2. If the Client’s conduct breaches any part of this agreement, the Client will NOT receive a refund.
  3. If there is reasonable belief that the requested service is outside the scope of the Artist’s skills and capabilities, the client will receive a full refund for instant order services, or the request will be denied for custom proposal services.
  4. If the Client refuses to provide age verification for restricted requests, or if there is reasonable belief that the client has provided false age verification information, the Client will NOT receive a refund.
  5. If a restricted request is determined to be outside of the Artist’s comfort zone, and the request does NOT breach this agreement in any way, the Client will receive a full refund for instant order services, or the request will be denied for custom proposal services.
4. The Artist reserves the right to cancel a commission at any point during the process if a personal emergency occurs. The Artist will contact the client to coordinate an appropriate refund depending on the completed progress of the commission.
Any charge-back filed with the Client’s bank without prior contact to the Artist to resolve the situation will result in the Client immediately forfeiting all rights, including commercial and full ownership rights, to all previously commissioned content from the artist. The Client will also be indefinitely blacklisted from commissioning the Artist and accessing any exclusive content created by the Artist.

< 5. LICENSING AGREEMENTS >

Regardless of licensing agreement chosen by the Client, the Client is NOT permitted to use products rendered by any service for any form of use in generative and non-generative AI.
1. This includes, but is not limited to storage in AI platforms and use as training data.
Licensing agreement availability depends on services requested. Any available licensing agreements for services will be noted in the service listing on VGen.

< 6. PERSONAL DATA & CONTACT >

Personal contact information provided by the Client, such as email addresses, phone numbers, social media handles, etc. may be retained by the Artist and/or VGen for documentation and future contact purposes regarding past, current and future commission projects (if applicable).
1. This information will not be sold or shared by the artist with any additional parties unless required by law.
2. This information will not be used for any marketing purposes without the Client’s explicit consent to do so.
3. Contact between the Artist and Client will remain available for the duration of the commission process. The Artist reserves the right to discontinue communication with a Client once a commission has been considered complete, or the commission has been cancelled / refused.
Personal payment information is managed through VGen, via Stripe or Pay-Pal, and may be retained by VGen, Stripe and/or Pay-Pal for documentation purposes.
1. This information will not be shared by the Artist with any additional parties unless required by law.
Any questions or concerns regarding the terms of this agreement, or any past, current or future commission request can be directed to the artist via email or VGen Direct Messaging. The Artist will handle any inquiries as soon as possible.