✦ Terms of service

Terms of Service

Welcome to CosmicOtterCreations. Please read my terms of service carefully to understand our policies and your responsibilities as a valued customer.

By commissioning me you are in turn agreeing to my TOS whether you have read it or not.

Commission and Digital Asset Terms of Service

Effective 21 September 2026
These terms cover 2D art, 3D art and models, avatar work, premade VRChat assets, adoptables, personal use, commercial use, and streaming use.

By requesting work from me, approving a quote, paying an invoice, purchasing or downloading an asset, accepting delivery, or using anything I create, you confirm that you have read and accepted the version of these Terms of Service provided with your order. Commissioning me and submitting payment means that you enter into a binding contract governed by these terms. If you do not agree, do not commission me, purchase an asset, submit payment, download files, or use the work.

These terms are intentionally detailed. Not reading them does not remove your responsibility to follow them. Any exception must be agreed by me in writing before it applies. A promise or assumption that is not written into the commission brief, invoice, listing, or message approved by me is not part of the agreement.

Important Terms At A Glance

Topic Non negotiable rule
Payment Work starts only after the required cleared payment. A licence does not begin until the order is paid in full.
Refunds All payments are final. Once any sketch, WIP, preview, download link, or project file has been sent or made accessible, no voluntary cash refund will be issued. At my discretion, I may instead offer a written non-cash resolution of reasonably similar value. Mandatory legal remedies remain unaffected.
Change requests Illustrated commissions include up to two consolidated change requests during the initial sketch stage. Approval locks the sketch. Once rendering begins, no further client-requested changes are included.
Chargebacks A false, fraudulent, or abusive payment dispute is a material breach. If funds are reversed, every licence connected to that payment is suspended until the matter is resolved and the balance is restored.
Personal use Personal use is the default. It does not include monetized content, streaming, merchandise, business branding, resale, advertising, or use by another person.
Commercial use Commercial rights are never automatic. They must be discussed, approved, priced, and written into the order before I accept the commission.
Streaming Approved streaming use requires clear credit in every stream and archived video where my work is visible or used, naming my exact role.
Files Do not share, resell, leak, rip, upload, trade, or redistribute my artwork, models, source files, or premade assets.
Credit Do not claim my work as your own. Do not remove my signature, watermark, creator credit, or embedded licence information.
Adopts A free adopt may never be sold. A paid adopt may not be sold above its permitted value. Visual redesigns require my written permission first.
AI and NFTs My work may not be used for generative AI, machine learning, datasets, style models, NFTs, cryptocurrency, or blockchain projects.
Legal rights Nothing in these terms removes any mandatory consumer right that the law does not allow me to exclude.

1 Agreement And Scope

How these terms become binding

You accept these terms and enter into a binding contract when you ask me to reserve a slot, approve a quote or commission brief, pay an invoice or deposit, purchase or download a premade asset, accept files, or begin using the work. A handwritten or electronic signature is not required where your words or actions clearly show acceptance. The written commission brief, invoice, product listing, and any written changes I approve are part of the same agreement.

You are responsible for visiting my website and reading these terms before commissioning me or submitting payment. My website is linked through my social-media profiles and commission information, and my Terms of Service and other relevant links are publicly available at cosmic-otter.com/tos. I am not required to paste, repeat, or individually resend the full Terms of Service in every message or conversation when my website or Terms of Service were clearly identified and reasonably available to you before you placed the order. Choosing not to follow the website link, open the Terms of Service page, or read the terms after being given a reasonable opportunity to do so does not, by itself, cancel the agreement or release you from the terms you accepted.

If two documents conflict, the most specific written term for that order controls. A custom licence or signed agreement controls over these general terms only for the point it clearly changes. Everything else in these terms continues to apply.

Which version applies

The version supplied or linked when the order is accepted applies to that order. I may update these terms for future orders. An update does not silently change an active paid commission unless you and I agree to the change in writing.

Definitions

  • I, me, my, and Artist mean the person providing the artwork, model, asset, design, editing, upload, or related creative service.
  • You, your, Buyer, and Client mean the person named on the order or invoice. A licence is granted only to that person unless I approve another named person or business in writing.
  • Work means any sketch, concept, illustration, texture, mesh, model, rig, animation, blendshape, Unity setup, avatar edit, premade asset, adoptable design, source file, preview, or final file I create or provide.
  • Written approval means a clear approval from me in an invoice, contract, email, direct message, product listing, or other saved written record. Silence, assumptions, old permissions given to somebody else, or a client's own statement do not count.
  • Commercial use means any use connected to money, income, business, promotion, subscriptions, donations, advertising, sponsorships, paid access, products, services, fundraising, brand growth, or another financial benefit.
  • Streaming use means displaying, wearing, showing, animating, or otherwise using my work in a livestream, video, VOD, short, broadcast, VTuber performance, or similar recorded or live content.

2 Client Eligibility And Conduct

You must be legally able to enter the agreement and must use a payment method you are authorized to use. If you are under the legal age required to contract where you live, a parent or legal guardian must approve the order, make the payment, and accept responsibility for the agreement. I may refuse or cancel an order if account ownership, identity, authority, or payment authorization cannot be reasonably confirmed.

I reserve the right to refuse service for any lawful reason. I will not tolerate threats, harassment, pressure, discrimination, repeated boundary pushing, manipulation, deliberate misrepresentation, or attempts to avoid these terms. Disagreement is allowed. Abuse is not. I may end communication and cancel or terminate service if your conduct makes the project unsafe or unreasonable to continue. Any remedy that applicable law requires will be handled under the cancellation section.

You are responsible for anyone acting through your account, email address, payment account, business, team, or shared files. Giving another person access does not remove your responsibility for a breach.

3 Requests References And Project Scope

Information required before I quote

  • Tell me exactly what you want commissioned, including the service type, subject, intended platform, intended use, required file type, dimensions or technical limits, and any deadline.
  • Disclose personal, streaming, monetized, promotional, business, resale, merchandise, game, app, public-avatar, or other commercial use before I accept the order.
  • Provide clear and current visual references. A written description does not replace a reference sheet when exact markings, colors, anatomy, clothing, or technical details matter.
  • Tell me which details are required and which are optional. If you do not identify a detail as required, I may interpret it using my own judgment and style.
  • Tell me about third-party bases, models, textures, shaders, fonts, logos, characters, closed species, or assets that may affect the work, and provide the licence when asked.

Incomplete or changing references

If you do not provide enough information, the work may need to be quoted as a design commission rather than a straightforward drawing, texture, remodel, or model. Design work costs more because I am being asked to make creative decisions that should otherwise come from your reference. I may pause the order until usable references are provided.

Changing the character, species, outfit, concept, pose, expression, body shape, markings, technical target, platform, or intended use after I quote the project is a scope change. I may refuse the change, revise the price and timeline, or treat it as a separate order.

Client warranties

You confirm that you own or have permission to use every character, logo, design, reference, asset, model, image, and file you give me. You are responsible for obtaining licences from other creators. I am not responsible for a claim caused by material you supplied without permission or by instructions that infringe another person's rights. If a rights holder contacts me, I may pause delivery, remove the disputed material, or cancel the affected work.

4 Quotes Invoices And Payment

Quotes and acceptance

A quote is based on the information available at the time and remains valid only for the period stated with it. The slot is not reserved until I confirm acceptance and receive the required payment. Do not send money before I approve the order or issue payment instructions. An unsolicited payment does not force me to accept a commission.

Payment terms

  • The invoice or listing states the currency, total price, accepted payment method, due date, included deliverables, and licence type.
  • Unless I approve a payment plan in writing, the required amount must be paid in full before work begins or files are delivered.
  • Payment must clear before it counts as paid. Pending, held, reversed, disputed, refunded, or failed payments do not create a licence.
  • Payment plans must be agreed before work begins. Missing an instalment allows me to pause the project and move it out of its queue position.
  • Tips do not purchase extra revisions, source files, commercial rights, exclusivity, faster delivery, or ownership of my copyright.
  • You are responsible for lawful taxes, conversion costs, and charges imposed on your side of the transaction. I will not ask you to mislabel a payment or use a payment category that violates a processor's rules.

Price changes

Once a fixed scope is paid, I will not raise the agreed price for that same scope. I may charge more for new requirements, hidden complexity, missing references, rushed delivery, extra revision rounds, changed technical requirements, commercial licensing, privacy, source files, or work that was not included in the original quote. I will explain and obtain approval before doing paid extra work.

5 Scheduling Communication And Deadlines

Estimates and queue order

Any start date or completion date is an estimate unless I explicitly accept a guaranteed deadline in writing. Different commissions may be completed out of purchase order because their size, dependencies, health impact, feedback needs, and technical complexity differ. A later small order finishing first does not mean your order has been ignored.

Deadlines and rush work

You must disclose a deadline before paying. A date mentioned after payment is not automatically accepted. I may refuse a deadline that is too short or charge a rush fee. A rush fee pays for priority and disruption to my queue; it does not remove your duty to answer questions and approve work promptly.

Client response times

If I am waiting for references, approval, payment, files, or an answer, the project is paused and the timeline moves with the delay. If you do not respond within 14 days after a clear request for action, I may move the commission out of its queue position. If you do not respond for 30 days, I may treat the project as abandoned, close it at its current stage, and retain payment for completed work and reserved time, subject to applicable law. Restarting later may require a new quote and queue position.

Delays outside my control

I am not responsible for delay caused by illness, emergency, power or hardware failure, platform outage, corrupted third-party files, software changes, force majeure, or a client's late response. I will communicate a material delay when reasonably possible. If I become unable to complete the project, the cancellation section applies.

6 Change Requests, Work In Progress And Approvals

Review stages

I may send sketches, screenshots, test renders, Unity previews, turntables, texture previews, or other work-in-progress files. WIPs are unfinished and may not be posted, edited, used as final work, passed to another creator, or treated as delivered assets unless I give permission.

Change requests and the rendering lock

Unless the quote states otherwise, an illustrated commission includes up to two change requests during the initial sketch stage only. Each change request must be sent as one clear, consolidated message containing every change you want at that time. Several separate messages, additions sent after I have started making the requested changes, or repeated small requests do not create extra change rounds.

You must check the sketch carefully before approving it. Any requested change to the pose, composition, character placement, anatomy, expression, outfit, props, background layout, markings, or other major design details must be raised before you approve the sketch. Your approval confirms that these visible elements are accepted and locks the sketch for rendering.

Once you approve the sketch, I may begin rendering immediately without sending another reminder. After rendering has started, I will not make further client-requested changes, including small detail changes, additions, removals, pose changes, or complex redraws. Rendering builds detail, colour, lighting, texture, and polish on top of the approved sketch, so changing the underlying artwork at that stage may require substantial repainting or restarting the piece.

If I choose to accept a late change, it is an exception rather than an included revision. I may quote an additional fee, extend the deadline, require the affected stage to be restarted, or treat the request as a new commission. I am not required to accept a late change merely because the client is willing to pay for it.

The two-request limit and rendering lock do not remove my responsibility to correct a clear mistake where the delivered work fails to follow the approved sketch or written commission brief. Corrections required by mandatory consumer law also remain unaffected.

What is included

  • I will correct clear mistakes where I failed to follow information that was supplied and approved before the relevant stage.
  • For illustrated work, the included change requests belong to the initial sketch stage and must be made before sketch approval.
  • For 3D, avatar, rigging, texture, or other work that does not use an illustration sketch-and-render workflow, changes belong at the blockout, concept, early modelling, texture, rig, expression, toggle, or Unity review stage I identify.
  • Color corrections belong at the flat-color or texture review stage. Rig, expression, toggle, and Unity issues belong at the relevant test stage.
  • After you approve a stage, client-requested changes to that approved stage are not included. If I agree to an exception, it may cost extra and extend the deadline.

What is not included

  • Changing your mind, replacing the character, or requesting a different concept after approval.
  • Adding details that were absent from the original references or not identified as required.
  • Redrawing or rebuilding completed work to match a new preference rather than correcting my mistake.
  • Changes caused by a new platform, software version, SDK, shader, base model, or third-party asset after the agreed target was set.
  • Endless small changes intended to avoid paying for a major revision.

If you approve a WIP and later notice something that was already visible, that approval matters. I may still agree to change it, but the change may be chargeable. If you provide no useful feedback when asked, I may continue using the approved brief and my artistic judgment.

7 Cancellations, Final Payments And Termination

All payments are final

Because commissions, artwork, models, avatars, textures, designs, adoptables, and premade assets are custom-made services or digital products, all payments are final. I do not offer voluntary, discretionary, goodwill, change-of-mind, cancellation, or partial cash refunds. By commissioning me, approving the order, and paying, you enter into a binding agreement to these terms. Changing your mind or experiencing financial difficulty after entering that agreement does not cancel it and does not create a right to a cash refund.

This policy applies whether or not work has begun and whether or not you later find another artist, lose interest, fail to read these terms, dislike my established style, no longer need the work, cannot use the files, lose income, receive unexpected bills, experience payment-account problems, or undergo any other change in personal or financial circumstances.

For the avoidance of doubt: once I send or make accessible any sketch image created for the commission, concept, WIP, preview, test render, final render, artwork file, model, texture, source file, Unity package, avatar package, download link, or other commissioned file, no voluntary cash refund will be issued for any reason. This delivery cutoff applies even if the item is unfinished, watermarked, low-resolution, later replaced, not opened, not downloaded, or not used.

An item counts as provided when it is sent to the contact method or account used for the order, uploaded to the agreed platform, attached to a message, or made available through a working access or download link. Refusing to open, acknowledge, save, or download it does not undo delivery.

Client cancellation

Contact me directly if you want to cancel so that I can stop further work and close the order. Your request to cancel does not undo the binding contract, create a right to repayment, or convert completed work, reserved production time, planning, communication, or rejected opportunities into unused funds. Do not use a chargeback, bank reversal, or unauthorized-payment claim as a cancellation method.

To the extent permitted by law, all amounts already paid remain earned and retained against the commissioned service, work performed, preparation, administration, approved stages, reserved queue time, lost booking capacity, purchased project costs, and digital files or access already supplied.

Artist cancellation

I may cancel if I cannot complete the project, if the project becomes unlawful or technically impossible, if you materially change the scope, if you do not supply required information, if payment fails, or if you seriously breach these terms. I do not promise a voluntary or discretionary repayment if an order ends. If applicable law requires a remedy or repayment in the particular circumstances, I will provide only the remedy or amount that the law requires.

Alternative resolutions

At my sole discretion, I may offer a non-cash alternative instead of a voluntary refund. An alternative may include account or commission credit, one or more free premade assets, transferring some or all of the paid value to a different commission type or revised scope, replacement work, reperforming or repairing part of the service, or another solution agreed in writing.

Any alternative I offer will have a total standard commission or retail value that is reasonably similar to the amount paid for the affected order. Where the alternative is a different commission type, the amount paid will be applied as credit toward the new commission. If the selected replacement costs more, you must pay the difference before work begins. If it costs less, the remaining value does not become cash, change, or a withdrawable balance unless I agree otherwise in writing.

An alternative resolution is a courtesy unless applicable law requires that particular remedy. It is not guaranteed, cannot be demanded or selected without my agreement, and does not create a continuing entitlement for this or any future order. The written offer will state its value, scope, availability, and any conditions. Unless I agree otherwise in writing, credit and free assets cannot be converted to cash, transferred, resold, exchanged, combined with another offer, or used by another person.

If applicable law specifically requires a monetary repayment, I will not replace it with credit, assets, or another commission unless you freely agree to that alternative and the law allows it.

Premade digital products

Premade assets and other digital products cannot be physically returned. I do not offer voluntary refunds after a file has been purchased, downloaded, accessed, delivered, or used. Read the listing, compatibility information, licence, software requirements, and dependencies before purchasing. Lack of software knowledge, failure to install a listed dependency, use with an unsupported base or program, or a change of mind is not a product defect.

Mandatory legal rights

Nothing in this section removes a consumer remedy that applicable law requires and does not allow to be excluded. If the law requires me to repair, replace, reperform, reduce the price, or repay an amount because the service or digital content is faulty, materially not as described, not provided with reasonable care and skill, or not supplied as agreed, I will comply with that legal requirement. This is a limited legal exception and is not a voluntary cash-refund policy.

If any amount is repaid or reversed, every licence connected to that amount ends to the extent permitted by law. You must immediately stop using the affected work and delete the affected files unless the law or a written settlement states otherwise.

8 Chargebacks Payment Disputes And Reversed Payments

A payment dispute is not a substitute for contacting me. If you believe a payment was unauthorized, a file was not delivered, or the work does not match the written agreement, contact me as soon as possible and give me a reasonable chance to review the records and respond. Nothing here stops you using a genuine legal or payment-provider remedy that cannot lawfully be waived.

False or abusive disputes

Knowingly filing a false, fraudulent, misleading, or abusive chargeback, payment reversal, unauthorized-transaction claim, item-not-received claim, or not-as-described claim is a material breach of this agreement. This includes receiving or using the work and then claiming it was never supplied, claiming a payment you authorized was unauthorized, or disputing the full price to avoid the agreed cancellation or revision terms.

What happens when funds are reversed

  • Every personal, streaming, and commercial licence connected to the reversed payment is automatically suspended while the payment remains unpaid or disputed.
  • You must immediately stop using, uploading, displaying, streaming, distributing, monetizing, or benefiting from the affected work.
  • You must remove the work from public and private avatars, channels, shops, products, profiles, repositories, team drives, and third-party services under your control until the licence is restored.
  • I may pause all active work, withhold undelivered files, revoke access links, refuse future service, and notify a marketplace or platform that the licence is suspended.
  • I may provide the payment processor, bank, platform, or legal adviser with the invoice, accepted terms, project brief, communications, WIPs, approvals, timestamps, delivery records, download or access records, and evidence of continued use.
  • Where the law permits, restoration may require payment of the outstanding balance plus the direct chargeback fee and reasonable recovery costs caused by the false or abusive dispute.

A processor deciding a payment dispute does not transfer my copyright or create a continuing right to use unpaid work. If money is permanently returned to you, you do not get to keep both the work and the payment unless mandatory law says otherwise or I agree in writing.

What you are buying

You are buying the creative service and the specific licence stated in the order. You are not buying my copyright, source files, working methods, unused concepts, brushes, rigs, templates, shaders, tools, or the right to resell my work unless the written agreement clearly says so. Copyright transfer or exclusivity must be expressly priced and agreed in writing.

If the commission features your existing character, you keep whatever rights you already hold in that character. I keep copyright in the artwork, texture, model, edit, rig, setup, or other work I create. If I design the character, the adopt and character-design section also applies.

Credit

  • You must not claim that you made my work or allow another person to be credited for work I created.
  • When posting or using the work publicly, credit me in a visible and reasonable place using the account name, link, or wording I provide.
  • Credit must describe my actual role. Examples include avatar creator, avatar remodel artist, texture artist, 3D artist, rigger, 2D artist, character designer, or asset creator.
  • Do not remove, crop out, paint over, obscure, or replace my signature, watermark, embedded metadata, creator note, or credit without written permission.
  • Credit does not replace the need for a commercial, streaming, redistribution, or other licence.

My portfolio rights

Unless I approve a privacy request before work begins, I may display finished work and reasonable progress images in my portfolio, social media, commission examples, showreels, livestreams, and promotional posts. I will not claim ownership of your pre-existing character. Privacy requests are handled under the privacy section.

10 Personal Use Licence

Personal use is the default unless the invoice, listing, or written licence says otherwise. The personal licence is limited, non-exclusive, non-transferable, non-sublicensable, and conditional on full cleared payment and compliance with these terms.

Personal use normally allows

  • Using the final work as a personal icon, banner, wallpaper, profile image, character reference, or private display.
  • Posting the final work to your personal social media or character page with proper credit.
  • Making a small number of physical copies for yourself, such as a personal print, where no copies are sold, traded, given as promotional items, or used for business.
  • Using a properly licensed 3D model or asset on your own private avatar and your own approved accounts, subject to the 3D and VRChat sections.

Personal use does not allow

  • Selling, licensing, sublicensing, sharing, gifting, trading, leaking, or redistributing files or access to the work.
  • Using the work in monetized streams, videos, memberships, Patreon, advertisements, paid events, sponsorships, fundraising, merchandise, products, services, games, apps, business pages, logos, packaging, or brand promotion.
  • Using the work for a group, studio, company, employer, client, server, team, or another person.
  • Making the work available through public, clonable, downloadable, extractable, or shared avatars or repositories.
  • Turning the work into a base, template, stock resource, asset pack, tutorial file, or component for other people's projects.

11 Commercial Use Licence

Commercial use is not included and is not guaranteed. You must discuss it with me before commissioning or purchasing. I must approve the intended use, price the licence, and record it in writing before the work begins or the asset is used commercially. I may refuse commercial licensing or refuse an after-the-fact request.

Commercial uses include

  • Monetized videos, streams, VODs, VTubing, subscriptions, memberships, donations, tips, sponsorships, advertisements, and paid promotions.
  • Merchandise, prints, apparel, stickers, charms, physical products, digital products, paid downloads, games, apps, books, comics, music releases, and paid events.
  • Business logos, branding, websites, cards, packaging, storefronts, listings, promotional graphics, server benefits, Patreon rewards, and subscriber-only content.
  • Using the work to advertise, sell, or support another product or service, even if the work itself is not sold.
  • Using the work for a company, studio, team, organization, client, employer, or other legal person rather than one named individual.

Commercial licence limits

A commercial licence covers only the uses written into it. The licence may state the platforms, products, quantities, territory, duration, revenue model, named users, credit, modification rights, and whether limited sublicensing is allowed. Any use outside that scope requires a new written licence.

Paying a commercial fee does not transfer my copyright, waive credit, allow resale of source files, permit sublicensing, create exclusivity, or allow the work to be used for AI or NFTs. Those rights must be separately and expressly agreed.

If commercial use begins without permission, I may require the use to stop, remove listings or content, issue an invoice for an appropriate licence if I am willing to license it, and pursue platform or legal remedies. Paying an invoice after the fact does not erase a previous breach unless I confirm settlement in writing.

12 Streaming Recording And Avatar Credit

Streaming use must be disclosed before commissioning. If I approve it, the order will state whether the streaming permission is personal, monetized, or part of a wider commercial licence. Permission to use an avatar socially in VRChat does not automatically include permission to use it in monetized streams, videos, VTubing, advertisements, or sponsored content.

Credit required in every stream and recording

You MUST credit me in every livestream, video, VOD, short, broadcast, or recorded performance where my work is used or clearly visible. The credit must name my actual contribution. Do not call somebody else the full avatar creator if I created or rebuilt the avatar, and do not call me the full avatar creator if I only made one part. Use the role that matches the commission.

  • Use Avatar created by followed by my credited artist name or link when I made the full avatar or model.
  • Use Avatar remodel by followed by my credited artist name or link when I remodeled or significantly edited an existing model.
  • Use Avatar texture by followed by my credited artist name or link when I made or edited the textures.
  • Use 3D art by, Rigging by, Assets by, or 2D art by followed by my credited artist name or link when that is the work being shown.

Credit must be easy to find. Put it in the stream or video description, credits, channel panel, About section, or another persistent location directly connected to the content, with a clickable link where the platform allows one. If the platform does not provide a description, use an on-screen credit, pinned comment, or linked credit page that viewers can reasonably find. A one-time social post is not a substitute for ongoing stream credit.

The streaming licence does not include merchandise, resale, sponsorship artwork, advertisements, emotes, overlays, logos, promotional campaigns, paid downloads, or permission to give the avatar or files to another streamer. Those uses require separate written approval. Credit remains required even after a commercial or streaming fee is paid.

If credit is missing or deliberately misleading, I may ask you to correct it. Continued failure after notice may suspend the streaming permission until the credit is fixed.

13 Two Dimensional Art Terms

What is included

The order includes only the final file types, dimensions, characters, background, crop, and variants listed in the quote. Unless stated otherwise, delivery is a flattened PNG or JPG. Layered PSD, Clip Studio, Procreate, vector, animation, timelapse, sketch, and process files are not included.

References and design work

A clear reference sheet is required when exact design accuracy matters. If I must invent unclear markings, colors, clothing, anatomy, props, or other design details, I may charge for design work. Pixelated, heavily shaded, filtered, or incomplete references may not be reliable color references.

Editing and presentation

  • You may resize or crop the final image for an icon, banner, or layout if the work is not distorted and my signature or required credit is not removed.
  • You may not trace, paint over, recolor, apply generative edits, remove parts, add another artist's signature, use the work as a base, or create a derivative edit without my written permission.
  • You may not sell prints, merchandise, stickers, emotes, bases, templates, or other products made from the art without a commercial licence that clearly permits that use.
  • Small differences caused by screen calibration, compression, resizing, printing, or platform color processing are not automatically defects in the original file.

Style and likeness

You are commissioning my current style and level of detail. References explain the subject; they do not require me to imitate another living artist's style. A finished piece will not be redrawn because you expected a different style that was not agreed in the brief.

14 Three Dimensional Art And Avatar Commission Terms

Scope must be written

3D work is made of separate tasks. Modelling does not automatically include sculpting, retopology, UV mapping, texturing, rigging, weight painting, blendshapes, visemes, facial tracking, PhysBones, colliders, toggles, expressions, animation, optimization, Unity setup, Quest or mobile conversion, uploading, source files, or future support. Only the tasks listed in the quote are included.

Target software and platform

The quote will identify the intended software, engine, SDK, shader, base model, platform, and version where relevant. I will test against the agreed target available at delivery. I cannot guarantee that a model will continue working after VRChat, Unity, Blender, a shader, an SDK, an operating system, a headset, or another third-party tool changes. Updating work for a later version is separate work unless the quote includes maintenance.

Performance and appearance

  • A specific VRChat performance rank, polygon count, material count, texture memory limit, download size, platform rating, or hardware frame rate is guaranteed only if it is written into the scope.
  • PC, Quest, mobile, VRM, game-engine, Blender, and render versions may require different materials, meshes, features, and compromises. One version does not automatically include every other version.
  • Lighting, shaders, color management, camera settings, platform compression, and hardware can change how a model or texture appears. A reasonable visual difference between programs is not automatically an error.
  • Complex features may conflict with other assets, scripts, menus, parameters, animators, or avatar systems. Integration with items not supplied and tested during the commission is not guaranteed.

Files and ownership

  • You receive only the file types stated in the order. A Unity package does not automatically include the Blender file, raw sculpt, Substance files, layered textures, source rig, or working project.
  • The licence is for the named client and approved use. You may not share the model or source files with friends, partners, servers, teams, uploaders, other artists, or contractors without permission.
  • A third party who needs the files for paid work may need my approval and their own licence. You remain responsible for any copy you provide.
  • Do not rip, extract, decompile, leak, resell, trade, give away, upload to a repository, or make the model downloadable or clonable.
  • Do not upload the model as a public or clonable VRChat avatar, place it on a public pedestal, or enable cloning unless the written licence specifically permits public use.
  • Do not port the model to another platform, game, app, engine, marketplace, or product unless that use is included in writing.

Client supplied bases and assets

You must own the required licence for every base, texture, shader, hair, clothing item, prop, animation, prefab, script, and other asset you ask me to use. If the creator requires each user or editor to buy a copy, you must arrange that before sending files. I may refuse to work with ripped, leaked, extracted, or unlicensed assets. If a third-party licence blocks delivery or use, that is not my breach.

Testing approval and later edits

You are responsible for testing review builds and reporting issues at the stage requested. Once you approve a rig, texture, expression, menu, or Unity test, later changes may be chargeable. I will correct issues caused by my failure to meet the written scope. I am not responsible for problems introduced after delivery by your edits, another creator, a package update, an unsupported Unity version, or a conflict with an asset I did not install.

15 Premade VRChat Asset Terms

Licence granted

Unless the listing says otherwise, buying a premade VRChat asset grants one named individual a limited, non-exclusive, non-transferable personal licence to use the asset on avatars that individual owns and controls. The purchase is a licence to use the file, not ownership of my copyright or permission to redistribute it.

Allowed personal use

  • Install and use the asset on your own private VRChat avatars, within the technical and avatar limits stated in the listing.
  • Adjust the asset for fit, color, materials, or compatibility on your own licensed avatar, provided the modified file is not redistributed.
  • Make reasonable personal backups that remain under your control and are not placed in a shared drive or repository.

Prohibited use and redistribution

  • Do not share the original or modified files with another person, including friends, partners, clients, server members, uploaders, or a team.
  • Do not resell, trade, gift, leak, mirror, repackage, include, or redistribute the asset by itself or inside another package.
  • Do not include the asset on a sold, commissioned, shared, free, public, clonable, pedestal, event, rental, server-reward, Nitro-reward, or giveaway avatar without a written licence that permits it.
  • Do not use the asset as part of a base model, avatar template, asset library, kitbash pack, tutorial download, or product that lets another person access or extract it.
  • Do not upload or use a ripped, leaked, or extracted copy. Possessing another person's purchase receipt does not give you a licence.

Commission and commercial use

Using a premade asset in work you are paid to create, in an avatar you sell or transfer, or in monetized content is commercial use. It requires my written commercial licence before the work begins. Depending on the licence, the avatar creator, end client, or both may need to buy their own copy. Ask before files are exchanged.

Public avatars and cloning

Public or clonable avatar use is prohibited by default because it can expose or redistribute the asset. Written permission for one public avatar does not permit the file to be reused on other public avatars, sold, extracted, or shared.

Compatibility and support

The listing states the supported base, software, Unity version, SDK, shader, and dependencies at the time of sale. Read it before buying. I do not guarantee compatibility with a different base, unsupported version, custom setup, or future platform update. Lack of software knowledge or failure to install listed dependencies is not a product defect. Support, installation, updates, and avatar upload services are included only when the listing says so.

16 Adoptable And Character Design Terms

Claiming and payment

  • An adopt is not yours until the required payment has cleared and I confirm the transfer.
  • Do not retract a bid or claim after I accept it unless I agree. If payment is not made by the agreed deadline, I may offer the design to somebody else.
  • All payments are final. A change of mind after claiming or receiving the design does not create a right to repayment, subject only to mandatory legal rights that cannot be excluded.
  • Keep these adopt terms with the character's page or files so every future owner can find them.

Ownership and credit

After full payment, you receive the right to own and use the character design under these terms. I retain copyright in the original artwork and my authorship of the original design unless a written copyright transfer says otherwise. You must credit me as the original designer and artist where appropriate, even after an approved redesign. Do not remove or cover my signature.

Resale value

You may not sell an adopt for more than the amount originally paid for the design unless eligible paid custom artwork has been added and you can provide valid proof of what was paid. Age, rarity, demand, emotional value, time owned, a changed name, a new story, or a redesign does not create extra monetary value.

Only custom artwork commissioned and made from scratch for that character may add documented value. Gift art, trade art, free art, your own art, raffled art, promotional art, AI-generated work, free base color-ins, and recolors do not add resale value. Paying for access to a base or template does not add value to the character. A mass-produced base remains a base even if you paid for it.

If the character is sold, traded, or gifted, the original design, every redesign, and all versions must remain together. You may not split the original and redesign into separate characters, keep one version while transferring another, or sell the same design to more than one owner.

Free adopts

If you received the design from me for free, you must NEVER sell it for money, points, gift cards, paid currency, goods with cash value, or any other financial benefit. This remains true even if paid artwork is added later. Paid art does not convert a free design into a sellable design. A free adopt may be gifted or traded character-for-character only if the original listing allows it, and the next owner remains bound by these terms.

Redesigns require permission

You may not visually redesign a character I designed unless you contact me first and receive my exact written permission. This includes, but is not limited to, changing or adding eyes, limbs, wings, horns, tails, ears, markings, anatomy, species traits, body structure, core colors, or other identifying features. Calling the change an alternate form, AU, species swap, upgrade, or modernization does not avoid this rule.

If I approve a redesign, follow the limits I give you. Approval for one change is not open permission for every future change. The redesigned version is still the same underlying character, not a separate design. I must remain credited for the original design.

Transfers and prohibited buyers

  • You may resell, trade, or gift a paid adopt only where the original sale or my written permission allows it.
  • You may not transfer one of my designs to a person you know is on my blacklist or has been refused ownership of my designs.
  • When ownership changes, give the new owner the original files, known price history, these terms, and proof needed to establish the lawful resale value.
  • After transfer, the previous owner must stop presenting the character as currently owned and must not continue commercial use of the character.

Commercial use of adopts

Adopts are for personal use unless I approve a commercial character licence in writing. Ownership of an adopt does not automatically permit merchandise, branding, games, monetized streaming, paid content, NFTs, sublicensing, or commercial products. Commercial rights must be discussed and priced separately.

17 Privacy Non Disclosure And Portfolio Embargoes

Tell me before paying if the project must remain private, unannounced, or under an embargo. A privacy request is not automatic and may cost extra because it prevents me from sharing progress, streaming my process, or using the work for promotion during the restricted period. The written agreement must state what is confidential and when I may post it.

  • A full non-disclosure agreement must be agreed and signed before confidential material is sent or work begins.
  • A debut embargo delays posting until the agreed date; it is not a permanent transfer of my portfolio rights unless the agreement says so.
  • If both sides are under an embargo, you must not post WIPs, previews, or confidential project details before the release date either.
  • I may still keep private business records, invoices, and evidence needed for tax, safety, payment disputes, or legal compliance.

18 Artificial Intelligence NFTs And Prohibited Technology Use

No part of my work, including WIPs, sketches, previews, models, meshes, UVs, textures, rigs, animations, source files, designs, writing, or style, may be used to train, fine-tune, test, validate, benchmark, prompt, condition, or build a generative AI or machine-learning system. Do not upload my work to an AI image editor, model generator, texture generator, dataset, style model, or service that retains submitted material for training.

My work may not be minted, tokenized, sold, displayed, advertised, or otherwise used with NFTs, cryptocurrency, blockchain products, or future systems that claim scarcity or ownership through a blockchain. This ban applies even if the use is described as non-profit or promotional.

You may not use my work for unlawful content, impersonation, fraud, harassment, hate content, deceptive advertising, or any use that falsely suggests I endorse a person, community, product, or belief.

19 Delivery File Retention And Support

Delivery

Delivery occurs when I send the final files, provide a working download link, transfer the asset through the agreed storefront, or complete the agreed upload or service. Save the files promptly. A delivery record, message timestamp, access record, download record, or written confirmation may be used as evidence that the order was fulfilled.

Backups and retention

You are responsible for keeping backups after delivery. I may retain project files for my records, but I do not promise permanent storage or free replacement. If I still have the files, I may resend them as a courtesy. Rebuilding lost files, converting formats, or reopening an archived project may cost extra.

Support

Support covers only what the listing or quote promises. It does not include teaching basic software use, fixing unrelated assets, repairing changes made by somebody else, updating for every future platform version, or repeatedly reinstalling files. If I made a reproducible mistake against the written scope, contact me with clear steps, screenshots, logs, and the unmodified delivered files so I can inspect it.

20 Third Party Platforms Assets And Rules

Your use of VRChat, Unity, Blender, Discord, Twitch, YouTube, Patreon, marketplaces, payment processors, shaders, SDKs, and third-party assets is also controlled by their own current terms. My permission cannot give you rights that a platform or another creator has not granted. You are responsible for checking those rules before use.

I am not employed by, partnered with, sponsored by, or able to control a third-party platform unless I say so in writing. I am not responsible for a ban, moderation action, takedown, compatibility change, store closure, account loss, service outage, policy update, or discontinued feature caused by a third party.

If a platform or asset licence changes after delivery, I may offer paid update work, but I do not owe a free rebuild unless the order expressly includes ongoing maintenance.

21 Quality Responsibility And Liability

My responsibility

I will provide the service with reasonable care and skill and will deliver work that materially follows the accepted written scope. If you report a genuine defect caused by my work, I may repair, replace, reperform, or otherwise remedy the affected part as appropriate and as required by applicable law.

Limits

To the fullest extent allowed by law, I am not responsible for indirect loss, lost income, lost followers, lost opportunities, reputational harm, data loss, account penalties, hardware performance, or damage caused by misuse, unauthorized edits, unsupported software, third-party tools, client-supplied files, or use outside the licence.

Where the law allows a financial limit, my total liability arising from an order will not exceed the amount you paid me for the specific affected order. This limit does not apply where the law does not allow liability to be excluded or limited.

Mandatory rights

Nothing in these terms excludes liability that cannot legally be excluded or removes a consumer's mandatory right to receive services with reasonable care and skill or digital content that matches its description. If a clause conflicts with mandatory law, the mandatory law controls only to the extent of that conflict.

22 Breach Enforcement And Licence Termination

If you breach these terms, I may give you a reasonable opportunity to correct the breach where correction is possible. Serious breaches may require immediate action. Serious breaches include file leaking, unauthorized resale or commercial use, deliberate credit removal, AI or NFT use, fraudulent payment disputes, public or clonable upload without permission, knowingly using stolen assets, or continuing use after a licence is suspended.

  • I may suspend or terminate the affected licence, stop active work, withhold undelivered files, remove access, refuse future service, and block accounts connected to the breach.
  • I may require removal of unauthorized uploads, listings, products, streams, videos, repositories, or avatars.
  • I may submit a copyright, marketplace, or platform report where I own the relevant rights and the use is unauthorized.
  • I may preserve and use relevant records to respond to a payment dispute or protect my legal rights.
  • Where lawful and reasonably necessary to protect others, I may issue a factual warning supported by records while avoiding unnecessary disclosure of private information.

Termination does not erase payment obligations or responsibility for an earlier breach. Clauses about payment, copyright, credit, prohibited use, disputes, liability, and enforcement continue where needed after termination.

23 General Terms

Written changes

A change or exception applies only when I approve it in writing. A past exception for you or another client does not create a permanent waiver. If I do not enforce a clause immediately, I have not given up the right to enforce it later.

Severability

If a court or other competent authority finds one part of these terms invalid or unenforceable, that part will be limited or removed only as necessary. The rest of the agreement continues to apply.

Entire agreement

These terms, the accepted commission brief, the invoice, the product listing, and any written licence or approved change contain the agreement for the order. They replace earlier informal statements about that same order.

Contact before escalating

If something is wrong, contact me through the same verified account or email used for the order. Include the invoice or order reference, explain the issue clearly, and attach relevant evidence. I want a genuine problem brought to me directly so it can be reviewed against the written scope and delivery records.

Acceptance Record

For commissions, I may ask you to confirm acceptance in writing or include an acceptance statement on the invoice. A suggested confirmation is shown below.

I confirm that I have read and agree to the Commission and Digital Asset Terms of Service dated 21 September 2026. I approve the written scope, price, licence type, intended use, and delivery terms for my order.

For premade assets, completing the purchase and downloading or using the files records acceptance of the listing and these terms.

Commission and Digital Asset Terms of Service — effective 21 September 2026. Back to the top ↑