terms of service

Below is my terms of service for all service obligations from the client and artist, in which client and artist may be referred to in first and second person. Hereon client may be referred to as “You” and artist may be referred to as “I” , “Kyunu”, or “Kristina Garcia.”

I. GENERAL DISCLAIMERS

  1. Kyunu ( Kristina Garcia ) is, unless otherwise stated, the owner of all copyright and rights to their artwork and media produced. You may not reproduce, distribute, publicly display or perform, reselling, retracing, or prepare derivative works based on any of the content including any such works without the express, written consent of Artist in such works. You agree not to alter or modify any part of the artwork unless expressly permitted to do so by Artist. Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist.

  2. There are no refunds or major changes to a commission request after a sketch preview has been made and/or progress on the artwork has started and/or finished. Changes and refunds before the commission is started must be discussed through Artist.

  3. Only the client is allowed to re-post the signed/watermarked artwork that they bought, distribution of art is not allowed otherwise, unless expressly permitted to do so by the Artist. The Artist is permitted to upload the finished commission on any of the Artist's platforms.

  4. Usage of any of the Artist‘s copyrighted artwork in AI generative programs or derivative AI training tools, databases, and programs are not permitted unless expressly permitted by Artist in a written agreement.

  5. By commissioning Kyunu ( Kristina Garcia ), you acknowledge these terms and accept them.

  6. These terms can be amended at any given point with notice.

II. PAYMENT & FEES

Payment is due in full upfront.
Payment is done through PayPal invoice using USD unless otherwise stated explicitly by seller (Kristina Garcia).
A design fee will be charged for clients with no reference images that would like me to draw solely from a description and/or a collection of photos.
Additional fees will be charged for excessive or major revisions (see “Revisions” below).
The exact prices for the fees described above will be dependent upon the complexity of the commission.

III. CLIENT OBLIGATIONS


Write in a clear and concise manner when filling out the commission form.
Provide multiple clear reference images of the character/subject.
Mood boards and image compilations are welcome.
Maintain professional conduct throughout the commission process.
Respond in a timely fashion.
Assume responsibility for any important information and clear descriptions/references you fail to provide me that results in my inability to complete your commission to your full satisfaction.
Carefully read through the ToS and Commission Information.

IV. PROCESS & WORK SCHEDULE


I will send over a sketch for approval before continuing the commission. I will accept revisions only during the sketch phase for approval, major revisions thereafter may induce a revision fee.
I will show WIPs via client’s preferred contact communication method throughout the commission process.
Sketch and subsequent in-progress shots will initially be sent as low-res, watermarked images.
All commission requests rely on a first come first serve basis, and do not have set deadlines, unless they are freelance commission agreements.
I will always do my best to complete your commission within a timely manner, according to the commission slot list. I will notify you as soon as possible of any issues, delays, or emergencies that come up to keep you informed.

V. REVISIONS


As many revisions as needed are allowed in the sketch phase and are covered in the commission price, but major revisions requested during the lining / coloring phases may incur an extra fee.
Minor revisions are allowed in coloring/painting stage and are covered in the commission price as long as they are related to the coloring and painting of the composition.
Excessive minor revisions to the point that forward progress on the work has halted will incur additional fees.
Major or minor revisions due to my own negligence are free.
Additional major revisions will incur additional fees.
It is up to my discretion as to what constitutes minor and major revisions.

VI. COPYRIGHT & USAGE POLICY


I, the artist, retain the rights over any commissioned works, unless otherwise agreed between the artist and client.
I reserve the right to post the commissioned work on my social media, unless otherwise agreed between the artist and client.
I reserve the right to stream, record, and upload videos of the creation of the artwork, unless otherwise agreed between the artist and client.
Any characters portrayed in the commissioned work remain copyrighted to their rightful owners.
The final product is strictly for your personal use only, unless you purchase commercial rights.
You must credit and link back to me/tag me when sharing or using the commissioned work.
For commercial use, you must purchase the rights from me in a written agreement.
Credit is still required when using the work in any form commercially.

You may use or edit the commissioned work in the following ways:
Print the work for personal use.
Crop and/or resize the image for use as an avatar, header, video thumbnail, etc.
Use the artwork as reference for a study.
Post the artwork on social media, with credit to me clearly visible.

You may NOT use or edit the commissioned work in the following ways:
Claim the artwork as yours.
Remove my watermark/signature.
Paint over or otherwise alter the artwork in ways not covered under the allowed uses above.
Color in my sketches or line art.
Use the commissioned piece in any technology related to NFTs, cryptocurrency, or AI.
Reproduce the work commercially without purchasing the rights from me.

VII. CANCELLATION AND REFUND


Once the final product is approved, a refund is not permitted.
You may cancel a commission if no sketch has been sent for a 100% full refund. If a sketch has been sent via preferred contact communication method, I will issue a refund equivalent to the amount of work not completed.
I reserve the right to cancel and refund your commission at any time.
Freelance Clients will not receive any sort of refund since you will be billed on an hourly basis, which you can cease continuation of at any time. Freelances will be billed for the hours completed with sent artwork.
You may not file a chargeback against me after you have given approval of the artwork.

VIII. WHAT YOU RECEIVE


You will receive the following after client approvals at the appropriate stages of the commission process. Images are always sent as 300 DPI PNGs unless another resolution/file type is requested:
Final sketch
Flat color sketch or Flat color line art (not available for all commission types)
Final artwork

For an additional $10 USD, you can also purchase the PSD or CSP file of your commission. (Exception: Vtuber Model commissions are provided this for free.)