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

1. Clients will receive a copy of this agreement and a receipt detailing their individual purchase within 48 hours of submitting payment for a commission request to the email provided by the Client for documentation purposes. 
2. Commission slots will only be considered reserved once payment has been processed for a commission request. 
3. Requests for commissions that are required to be done in less than 5 business days are required to pay a “rush fee” as described in the product’s listing.
4. Commission slot availability is at the discretion of the Artist, and can be closed or changed  at any time, for any reason. Changes in commission slot availability will not affect reserved commission slots. Slots are refreshed at the beginning of each month to reflect empty and reserved slot availability.
5. Commissions are completed in the order as requested, unless any Client requests a rush order on their commission at the cost defined on the specific commission category. Listed prices for commission categories, add-ons and licensing are non-negotiable. All prices and discounts are subject to change or be revoked at any time. 
6. All clients are required to submit at least one (1) reference. If no image references are available, the Client can contact the Artist for a Non-Image Character Reference Form, or fill it out as directed at the top of  https://mistermysteria.cc/commissions. References generated with AI are allowed, but discouraged. 
7. Disrespectful or inappropriate conduct by the Client will not be tolerated. If such conduct persists after one (1) warning, the Client’s commission will be cancelled without refund.
8. If any clause in this Terms of Service is found to be void or unenforceable by law, such determination will not affect the validity or enforceability of the remaining clauses in this Terms of Service.

2. Content Request Guidelines

1. Clients are allowed to request commissions involving the following types of content:
   1. Art of any human/humanoid, furry/anthropomorphic, 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 human 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 gore
   4. Content generally considered as Not Safe For Work (NSFW)
      1. Age verification is REQUIRED for any NSFW request, including but not limited to heavy gore, nudity (in part or in full), sexual or fetish related content. Age verification will be requested after discussion between the Artist and Client regarding expectations for the commission.
      2. Limitations on sexual and fetish content is at the discretion of the Artist. Please reach out to the Artist via email before submitting a commission request for age restricted content. Failure to do so may result in the commission being cancelled without refund.
2. Clients are NOT allowed to request commissions involving the following types of content:
   1. Any illegal relationship content, including content that would otherwise be considered illegal or problematic in a real world scenario (including “pro-shipping.” )
   2. Any content glorifying offensive groups, individuals or actions (i.e. any content related to racism/racist depictions, homophobia, sexism, etc.)
   3. Obscene, excessive or hyper-realistic gore.
   4. Characters or people from content related to any of the above categories.
3. 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. Refunds & Cancellations

1. Clients are not permitted to cancel a commission after accepting a finished product.
2. The Client reserves the rights to cancel a commission request
   1. At any time before work begins for a full refund.
   2. During the sketch or line-art phase of a commission, and receive a 50% refund
   3. At any point after the completion of the line-art phase of a commission, and receive a 10% refund
3. The Artist reserves the right to cancel a commission request
   1. If there is reasonable belief that the request is outside of their skill level; the Client will receive a full refund.
   2. If the Client continues to display inappropriate or disrespectful conduct after one (1) warning; the Client will NOT receive a refund.
   3. For an NSFW commission if there is reasonable belief that the age verification provided is false or AI generated; the Client will NOT receive a refund.
   4. For an NSFW commission if the content requested is outside of the Artist’s comfort zone. If the request does NOT breach this Terms of Service, the Client will receive a full refund, otherwise no refund will be issued.
   5. If a client is deemed unreachable after three reasonably made attempts to contact them through the provided contact information; the Client will NOT receive a refund.
   6. For any violation of this Terms of Service; the Client will NOT receive a refund.
4. The Artist also reserves the right to cancel a commission at any point during the process for personal reasons. If no other clauses in this Terms of Service apply to the situation, a refund will be issued in accordance with the most accurate description of progress on the commission as outlined below:
   1. If the commission is to be fully colored and rendered:
      1. And the sketch is complete: 70% Refund
      2. And the line art is complete: 50% Refund
      3. And the base coloring is complete: 20% Refund
   2. If the commission is to be fully colored but NOT rendered:
      1. And the sketch is complete: 60% Refund
      2. And the  line art is complete: 30% Refund
   3. If the commission is NOT to be fully colored or rendered
      1. And the sketch is complete: 50% refund

4. Payment Procedures

1. Commission pricing is subject to change, and may be changed without notice. Commission pricing will NOT be changed retroactively for any reserved commissions if a pricing change occurs.
2. All payments must be completed in full before a commission slot can be reserved, and work on the commission can begin.
3. All payments and commission requests must be formally submitted through the Artist’s official Ko-Fi page (https://ko-fi.com/mistermysteria) unless otherwise discussed with the artist.
4. All payments must be made in USD ($) at this time.
5. Payment plans are not currently available for commissions.
6. 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. Revisions

1. Requests for major revisions are allowed at any point before the line art stage of a commission is finalized.
2. Requests for minor revisions are allowed at any point before the flat color stage of a commission is finalized, or before the commission is considered complete, whichever comes sooner.
3. Revision requests made during the rendering stage of a commission or after the commission is accepted as complete will be rejected.
4. The Artist reserves the right to deny revision requests that are deemed to be unsuitable, unreasonable, or would otherwise require additional payment, unless discussed prior. 

6. Licensing Agreements

1. All commissions, unless otherwise specified, are for personal use only. Licencing upgrades can be purchased at the time of request or at any point after the completion of a commission. Licensing upgrades purchased at the time of request will be discounted by $50 USD. 
2. Terms and pricing of licensing upgrades are non-negotiable. 
3. PERSONAL USE LICENSING  terms are as follows:
   1. The commissioned work may be posted by the Client on their personal social media accounts, used by the Client as a personal profile picture avatar or displayed as a background on private or public websites and/or devices as long as credit to the Artist is provided. Inclusion of the Mister Mysteria watermark or website in any posts is considered proper attribution.
   2. The commissioned work strictly may not be used for commercial purposes, including but not limited to for-profit and non-profit merchandise, selling, trading, fundraising or advertisements. The commissioned work may not be used for NFTs, cryptocurrencies, or other blockchain related technologies, nor may it be used in training, storing and/or reference in AI models and databases.
   3. The commissioned work may not be altered or reused in any way, including but not limited to tracing or using the commissioned work as a base.
   4. The Artist retains all rights to display work under personal use licencing
      1. On official Mister Mysteria social media accounts;
      2. As a part of the Artist’s portfolio and art archive;
      3. As a finished product, or at any key point in the process (such as line art or base color)
      4. As video footage of the artistic process, including but not limited to livestreaming, speedpaints or drawing commentary videos.
4. COMMERCIAL USE LICENSING  terms are as follows:
   1. The commissioned work may be used by the Client for commercial purposes, such as merchandise, selling, etc., as long as simple attribution to the Artist is provided.
   2. The commissioned work may not be used for NFTs, cryptocurrencies, or other blockchain related technologies, nor may it be used in training, storing and/or reference in AI models and databases.
   3. The commissioned work may be altered slightly, as long as attribution to the Artist is still provided.
   4. The commissioned work will NOT be used by the Artist as part of a portfolio or in social media posts unless consent from the Client is obtained.
5. FULL OWNERSHIP LICENSING  terms are as follows:
   1. The commissioned work may be used by the Client in any way, including commercial use. 
   2. Commissions requested with this licence included will be added to a separate commission bracket, and commissions under this category are prioritized.

7. Emergency Mode

1. “Emergency Mode” is used in response to an emergent situation affecting the Artist or for a cause the Artist would like to support (such as charity.)
2. While active, Emergency Mode does not override the restrictions on the types of content that Clients may request. All commission requests are still required to follow content guidelines as defined in this Terms of Service.
3. While Emergency Mode is active, commissions will be 20% off. This discount also applies to all available commission add-ons, such as base coloring, props, extra characters, and/or shading styles, as well as any additional licensing. 
4. Emergency Mode removes the commission request slot limit until deactivated. 
5. Emergency mode may coincide with other events, such as commission giveaways. Any and all purchases made during an active Emergency Mode event will count towards rewards for coinciding events where applicable. 
6. Emergency Mode can be activated or deactivated at any time.

8. Commissioning Process

1. When placing an order for a custom commission, it is the Client’s responsibility to provide adequate details and references. Clients are NOT required to describe pose or composition, but are welcome to if they so choose.
2. All commission requests are required to include references. If references are not provided, the Artist will contact the Client to obtain them. Clients that do not have preexisting references are required to fill out a Non-Image Character Reference Sheet. Clients that DO have preexisting image references are not required to fill out the Reference Sheet, but are welcome to if they so choose.
3. All commissions must include relevant add-ons at purchase. Commissions that request add-ons  without payment may result in the commission being cancelled, with or without refund at the Artist’s discretion.
4. Commissions are typically completed in order, they are requested. 
   1. The only exceptions to this rule are if a Client requests a rush order on a commission at an additional fee, or if a Client purchases full ownership licensing for a commission.
5. The Artist will contact the Client with information regarding their purchase, including a receipt and a copy of the Terms of Service within 48 hours of the Client’s payment. The Artist will also provide follow up information as to when they may be able to start working on their commission within 3 business days. 
6. Clients will receive regular updates once the Artist has begun work on the commission request. At the end of each major stage (sketch, line art, base color, and rendering), the Client will receive the un-watermarked, medium quality version of the completed stage for approval. No work will be done beyond a completed stage without approval. Clients that become un-reachable and unable to approve of a commission stage will have their commission cancelled and NO refund will be issued.
7. At the end of the commissioning process, the Artist will ensure that the Client has received an image of every completed stage of the commissioned work in full quality, PNG filetype images, that are 300 DPI unless otherwise requested. Full quality is defined as follows for the following commission types:
   1. Courtroom Sketch: 1000px * 1000px
   2. Profile Picture: 2000px * 2000px
   3. Character Portrait: 2000px * 3000px (vertical), or 3000px * 2000px (horizontal)
   4. Creature Portrait 2000px * 3000px (vertical), or 3000px * 2000px (horizontal)
   5. Youtube Thumbnail: 1920px * 1080px
8. All completed works will be delivered strictly by email. No physical product will be delivered, unless discussed prior to the commission being placed.

9. Personal Data & Contact

1. Personal contact information provided by the Client, such as email addresses, phone numbers, social media handles, etc., will be retained for documentation and future contact purposes regarding past, current and future commission requests. 
   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 process has been considered complete, or the commission has been cancelled or refused. 
2. Personal payment information is managed through Ko-Fi, via Stripe or Pay-Pal, and may be retained by Ko-Fi, 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.
3. Any questions or concerns regarding this Terms of Service or any past, current or future commission request can be sent to [email protected]. The Artist will handle any inquiries as soon as possible.