SNIVITZCORE

Protocols

Terms of Service

! TERMS OF SERVICE WILL BE UPDATED NEXT OPENING !

This Terms of Service Agreement ("Agreement") is entered into between the Artist and the Client for the commissioned piece ("Work"). By commissioning the Artist, the Client agrees to the following terms:

GENERAL

- The Agreement is subject to change without notice. Violation of the Agreement may result in prohibition from commissioning the Artist.

- Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.

- Client grants to the Artist non-exclusive rights to observe and replicate Client's own character design, reference material and other intellectual property for the use of the Work.

- Client warrants that the character design, reference material and other intellectual property provided to the Artist are legally obtained and authorized for use by the Client.

- Artist may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.

- Artist reserves the right to refuse projects or requests based on content, subject, or other reasons.

- Artist defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Artist discretion which may include private message through Discord or Twitter, VGen platform, Google document, or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.

- Prices are subject to change without notice. Ongoing Clients will not be affected by price change if change occurs during project timeline.

- Artist will not create content that is explicit, offensive, or inappropriate.

DEADLINES, PROCESS, AND DELIVERY

- Work completion requires:

> 2 weeks minimum and may take up to 3 months max for illustration, animation, or graphic design based work,

> 3-5 months minimum and may take up to 6 months max for Live2D rigging based work

- Timeline depends on commission type, complexity, and workload. Client should plan launches and streams accordingly.

- Any delays or timeline adjustments by Artist shall be communicated as soon as possible.

- Artist provides progress updates and seeks Client feedback voluntarily.

- Final deliverables are provided by the Artist using the VGen platform, email, Google Drive or similar file transfer tools, in applicable formats. Any files hosted by the Artist will be available for the Client to download for 6 months before deletion. Prior notice before deletion will be communicated.

- File formats include but not limited to:

> Illustration: PNG, PSD

> VTuber Model Art: PNG, PSD

> Graphics: PNG, SVG

> VTuber Model Rig: MOC3, JSON

- Clients must first agree to delays and amendments to timeline exceeding 1 month through standard communication channels. Clients have the right to request refunds 1 month after deadline according to "Cancellation and Refunds" if Work has not been delivered and there was no agreed upon amendment to the timeline.

- Rush orders will incur a fee of 20%-50% of commission total depending on how soon the deadline is.

- The client must disclose any deadlines when inquiring for the commission. Deadlines can not be excessively hastened after the start of work or a fee will incur.

REVISIONS

- Unlimited minor revisions are allowed per item shown to the Client during the process (i.e. After line art) Additional charges for excessive or major revisions may be required.

- Revisions may affect progress and timeline.

- Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by the Artist.

COMMUNICATION

- Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.

- Communication channels may include Email, VGen, Discord or Twitter private messages, or Trello according to Artist discretion and Client preference.

- Artist response time may vary, up to 2 days in order to provide better or more concrete updates.

RIGHTS AND USES

- Artist General Rights

> By default, Artist retains copyright, ownership, redistribution and intellectual property rights, which includes but is not limited to display, advertising, printing the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch, YouTube, etc.) and more, exempting when some or all of these rights are transferred to the Client under express agreement or project specifications.

> The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client's intellectual property rights and ownership of their likeness, character design, branding, identity design or any such trademarks.

- Client Rights for Personal Use License Work

> Clients receive non-transferable usage rights to the Work for personal use. Personal use means: display on social media accounts for promotional purposes with no direct monetization or sales, such as social media profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels; or any other instances where no monetization of, or of content featuring, the Work is involved.

> Client must not claim Work as their own and must credit Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels and so on where possible.

- Client Rights for Commercial Use License

> Commercial usage rights are not included in general commissions, unless specified in the commission type or project specifications listed on the Artist's websites (i.e. VTuber models, stream overlays, emotes, and so forth), or is purchased by the Client and agreed upon.

>Commercial rights may differ for each commission type. Commercial broadcast rights means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances; commercial distribution rights means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.

>In the case of original design work and assets for the purpose and definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively transferred to the Client for use, production and modification purposes, commercial or personal.

> Usage of Work for AI (artificial intelligence) tools, platforms or programs; ML (machine learning) tools, platforms or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.

> Additional charges will be required for commercial usage if not included in the project type, listing, or specifications, typically 1.5-3x of the base cost.

> Selling Works in a package for character ownership must be less than what was paid for.

PAYMENTS

- Client pays in full up to $100, or pays a 25-50% down payment for higher value projects.

- Payment plans are eligible for projects valued over $100 dollars. Payment plans may not exceed more than 5 installments for projects <$1000, and 10 installments for projects >$2000Invoices, proposal or payment link will be sent to the Client when Artist is ready to begin work. Clients must not send money before these requests for payment from the Artist.

- Prices are in USD.Prices may vary or change depending on complexity, requirements and/or additional requests.

- Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.

- Payment must be paid in full before completed files are given.

- Client agrees that they will waive their right to issue chargebacks and the refund policy mentioned below will be followed.

- All personal information provided by the service must remain strictly confidential.

CANCELLATION AND REFUNDS

- If Client requests cancellation, 25% of project fees may be forfeit if canceled within 2 days before work starts. A partial to full refund may be provided if there is more than 2 days of notice.

- 50-100% of project fees may be forfeited if canceled after work begins unless initiated by the Artist and except for circumstances related to missed deadlines.

- If Artist cannot complete work or there are delays for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund according to the amount of work complete.

VTuber Model Rig Specific

- PSD should be split into properly named and grouped layers. Each layer should be labeled with anatomical lefts and rights. It is preferable for the layers to not have spaces or hyphen between words. Layers such as "LeftEyeline" and "Left_Eyeline" are acceptable.

- Artist will not accept any commission with a PSD with a canvas of over 10,000x10,000 pixels.

- Artist who drew the model art must be available for cutting revisions by Rigger. If the artist is unavailable, a fee will be incurred to the Client by the Rigger. Fees by artist for additional cutting will be handled by the client.

- Artist is allowed to post a Live2D showcase of the client's model and use it as a sample in the Artist's portfolio.

- The final product will be delivered as a .zip file containing the model file (.moc3) already set up in VTS, along with a set up guide written by Artist. Client will not receive the original .cmo3 file without prior discussion and fees (2-3x price). Re-selling price must be less than what Client originally paid for.

- Client is permitted to get the model art re-rigged without Artist's permission.

NDA

- The Artist is allowed to post progress of the commission on their social media (with appropriate credit) throughout the process. The Client must inform the Artist if they wish otherwise.

- Inability to post progress while commission is in work but posting final product is allowed is not an NDA and does not require a fee.

- Inability to post progress of commission or final product until 'X day' constitutes as an NDA and will require a fee (typically an additional 1-2x).

CONFIDENTIALITY

- The Artist and Client acknowledges that information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from the owner of this confidential information.

INDEMNIFICATION

- Client indemnifies Artist against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.

- If Client's rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to Artist negligence, Artist will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction of the Client.

SUPPORT

- Post-project support is available for, but not limited to, minor revisions and troubleshooting.

- Post-project support for minor revisions is available for free for 6 months post project. After that period, revisions will incur a fee.

Credit

- Credit is required when displaying the work. The client must clearly credit the Artist for the work by providing the X/Twitter, YouTube, or Twitch of the Artist.