TERMS OF SERVICE

1. Eligibility

Clients must be 18 years or older to commission services. Communication will be conducted only with Adults. If under 18, a parent or guardian must provide a written consent to be the client for commission.

2. Verification & Accountability

Clients may be asked to provide proof of age or parental consent if there is any uncertainty regarding their age. Failure to provide this information may result in the cancellation of the commission. Clients are responsible for ensuring compliance with these age requirements. Parents or guardians should discuss the nature of the commissioned work with their minors to ensure a clear understanding of the artistic content and its implications.

3. Amendments

These terms are subject to change. Clients will be notified of any significant changes that may affect their eligibility or responsibilities.

4. Commitment to Safety

By adhering to these guidelines, I aim to foster a safe and responsible environment for both clients and artists.

1. Introduction

These Terms of Service outline the copyright and ownership agreements related to the digital art services provided. By procuring these services, clients agree to abide by the terms specified herein.

2. Copyright Ownership

Upon full payment for commissioned artworks, copyright ownership of the final piece will be transferred to the client. The artist retains the right to use the artwork for portfolio purposes, promotional activities, and other forms of personal display unless otherwise agreed upon.

3. Licensing Agreement

If a specific licensing agreement is in place, the client will receive a license to use the artwork for designated purposes. Usage rights may vary based on the agreement, including, but not limited to, personal, commercial, merchandise, or non-profit usage. The details of the licensing agreement will be clearly stated in the commission invoice.

4. Artist's Rights

The artist reserves the following rights:

• The right to reproduce the work for self-promotion purposes.

• The right to sell prints or digital copies unless exclusive licensing rights have been granted to the client.

• The right to display the artwork on the artist's website, social media, and other promotional channels.

5. Revisions, Modifications, and Payment

The client is entitled to revisions as outlined in the project proposal. After the agreed revisions are exhausted, further revisions will incur additional charges. Copyright ownership of the artwork will remain with the artist until full payment is received. If the project is canceled before completion, the artist retains the right to compensation for any work completed.

6. Dispute Resolution

In the event of disputes regarding copyright or ownership, both parties are encouraged to resolve the matter amicably. If a resolution cannot be reached, the dispute will be subject to the laws of the state in which the artist operates.

7. Amendments

These Terms of Service may be amended or updated periodically. Clients will be notified of any significant changes that may affect their rights or responsibilities.

8. Conclusion

By engaging with my digital art services, clients acknowledge and accept these terms, ensuring a clear understanding of copyrights and ownership. For any questions or clarifications regarding these terms, please contact me directly.

1. General Usage Rights

By commissioning KATE LYNN for digital art, clients agree to the following usage rights:

• All commissioned artwork is granted to the client for personal use, including sharing, displaying, and printing for non-commercial purposes.

• Clients may use the artwork on personal social media, digital platforms, and in personal projects, provided credit is given to the artist.

2. Personal/Private Commissions

Definition: Personal/private commissions refer to artwork created for individual clients for their own use, without any intention for resale or commercial exploitation.

Rights Granted: Upon full payment, the client is granted the following rights:

• Unlimited personal use, including display on personal websites, social media, and print.

• No rights to modify, sell, or distribute the artwork without prior written consent from the artist.

3. Commercial Commissions

Definition: Commercial commissions are artworks created for business purposes or profit-making, including but not limited to advertising, branding, and product packaging.

Rights Granted: Upon full payment, the client receives the following rights:

• Exclusive usage rights for the commissioned artwork, allowing for commercial use in specified projects.

• The ability to modify, display, and distribute the artwork within the agreed-upon terms.

Exclusivity: Clients may request exclusive rights, preventing the artist from using or selling the artwork elsewhere. This must be discussed upfront and may incur additional fees.

4. Indie Commissions

Definition: Indie commissions refer to projects intended for small businesses or independent creators often with limited budgets.

Rights Granted: Upon full payment, clients are granted:

• Non-exclusive rights to use the artwork for independent projects.

• The right to modify and adapt the artwork as needed for their branding and marketing efforts.

5. Merchandise Commissions

Definition: Merchandise commercial commissions involve creating artworks intended for resale on products such as clothing, prints, stickers, and other goods.

Rights Granted: Upon full payment, clients receive:

• Exclusive rights to use the artwork for merchandise production and sales, as specified in the commission agreement.

Royalty Agreement: a royalty agreement may be established where the artist receives a percentage of sales. Alternatively, a flat rate or one-time payout can be negotiated based on the scope and intended use of the artwork. Specific terms, including the percentage rate or payout amount, will be agreed upon before the start of the project.

6. Rights Retention

KATE LYNN retains the following rights to the artwork:

• The right to use commissioned pieces in a portfolio, on a website, or for marketing materials.

• The right to create prints or derivatives, which may be sold in the future unless exclusive licensing rights have been granted.

7. Modifications and Creations

• The client may modify the artwork for personal use but must not claim it as their own or sell modified versions without prior written consent from KATE LYNN.

• Any new derivative creations inspired by the commissioned work must be discussed with KATE LYNN.

8. Restrictions

• Neither the client nor any third party may claim ownership of the artwork or copyright until the commission is complete.

• The artwork shall not be used for illegal, defamatory, or unethical purposes.

• Artwork may not be resold or used to create derivative works unless discussed or specified in the commission agreement.

9. Credit and Attribution

• Credit is requested when artwork is used publicly, ideally stating the artist's name and/or linking to their social media, portfolio, or website.

10. Termination of License

• Licenses granted may be revoked if the terms and conditions outlined in this agreement are violated. Upon termination, the client must cease all use of the artwork and remove it from any platforms or physical locations.

11. Acknowledgment

By commissioning KATE LYNN, the client acknowledges reading, understanding, and agreeing to these usage rights and licensing terms. Any disputes arising from the interpretation of these terms will be resolved amicably through direct communication.

For clarification or to discuss specific licensing needs, please reach out.

By using my digital art services, the following actions are strictly prohibited:

1. Unauthorized Use

   Clients may not reproduce, distribute, or display any digital artwork created by KATE LYNN without prior written consent.

2. Commercial Exploitation

   Any use of the artwork for commercial purposes without an appropriate licensing agreement is prohibited.

3. Modification or Alteration

   Clients may not alter, transform, or create derivative works from the artwork without explicit permission from the artist.

4. Impersonation

   Misrepresenting the source of the artwork or claiming authorship of artwork that is not originally created by the client is prohibited.

5. Infringing Content

   Clients may not request or use artwork that incorporates or infringes upon any third-party copyrights, trademarks, or other intellectual property rights.

6. Illegal Activities

   Any use of artwork in connection with illegal activities or in violation of applicable laws and regulations is strictly prohibited.

7. Hate Speech & Offensive Content

   Artwork promoting hate speech, violence, or any form of discrimination will not be tolerated.

8. Deceptive Practices

   Engaging in misleading or deceptive practices, such as falsely claiming the artwork as an original piece or misrepresenting its nature, is prohibited.

9. Malicious Use

   Using artwork to create or contribute to malicious software, misinformation, or any harmful material is strictly forbidden.

10. Artificial Intelligence or Machine Learning

    The client agrees not to use the artwork for training Artificial Intelligence or Machine Learning models, is strictly prohibited.

11. Non-Fungible Tokens (NFTs)

    Clients may not mint, create, or sell the artwork as Non-Fungible Tokens (NFTs) under any circumstance.

12. Violation of Laws or Ethical Standards

    Any use of the artwork that violates applicable laws or ethical standards is strictly prohibited.

1. Communication Channels

All project-related discussions, including details, feedback, and revisions, must occur through the designated platforms, such as email, project management tools, or specified messaging applications. This ensures clarity, organization, and easy reference throughout our collaboration.

2. Response Times

I strive to respond to all inquiries within 24 hours on business days. Please note that responses may be slower during weekends or public holidays. For urgent matters, kindly indicate their priority in your initial message to ensure timely attention.

3. Initial Discussion

• Clients are encouraged to share all relevant reference materials and project details during the initial consultation at no cost.

• Deadlines must be disclosed upfront to ensure they can be accommodated.

• Once the scope of work is established, an estimated project timeline will be provided

4. Commission Reservation

To secure a time slot for your project, an advance payment or deposit will be required. Payment terms and details will be shared once the project scope has been finalized.

5. Feedback Protocol

• Constructive, specific, and actionable feedback is crucial for refining your design.

• Clients are encouraged to provide feedback within agreed timelines to facilitate revisions.

• A maximum of two to three revision rounds(depending on commission type) is included in the project scope. Additional revisions will incur extra fees, which will be discussed beforehand.

6. Project Updates

• Updates will be provided at key milestones or as outlined in our timeline.

• You may request updates at any time, but please allow a reasonable period for responses, as I may be focused on executing your project.

7. Changes to Scope

Any changes to the original project scope must be communicated promptly. Adjustments may impact both the timeline and cost, which will be discussed and agreed upon before proceeding.

8. Documentation

To ensure a clear understanding, all agreements, revisions, and expectations will be documented. This helps maintain an accurate record for both parties and minimizes potential misunderstandings.

9. Termination of Communication

Professionalism and mutual respect are essential to our working relationship. If communication becomes unproductive or abusive, I reserve the right to halt correspondence until constructive dialogue can resume.

If the client fails to comply with this policy, the commission will be canceled and closed. In such cases, no refunds will be issued, and the client will forfeit all rights to any finished or unfinished work.

10. Privacy and Confidentiality

All communications are confidential unless otherwise agreed upon. Personal information shared will be protected, and any sensitive project details will be treated with the utmost discretion.

By proceeding with communication for project inquiries, you acknowledge and agree to the terms outlined above.

Your privacy is important to me. This Privacy Policy outlines how I handle your personal information, project details, and confidential materials during and after the completion of your project.

1. Information Collected

I may collect personal and project-related information necessary for the completion of your commission, including but not limited to:

• Contact details (e.g., email, username on messaging platforms).

• Reference materials and descriptions for the commissioned work.

• Deadlines, project requirements, and feedback.

2. Use of Information

All information collected will be used solely for the purpose of completing your project. I will not share, sell, or disclose your information to third parties without your explicit consent, except as required by law.

3. Confidentiality

All materials shared with me, including reference images, project details, and personal data, will be treated as strictly confidential. These materials will not be disclosed to third parties without your explicit consent, except where required by law. Upon completion of the project, I will either return or securely dispose of these materials, unless otherwise agreed upon in writing.

4. Portfolio Use

• Public Works: I retain the right to use artwork that I create as part of the commissioned project in my portfolio, social media, or promotional materials. For projects involving confidential or sensitive content, I will respect privacy obligations (e.g., NDAs) and will only showcase the work once confidentiality restrictions are lifted.

• Created Content Ownership: The rights to the artwork I create remain mine unless transferred through a licensing agreement. I will retain a copy of the artwork for archival and portfolio purposes, excluding situations covered by confidentiality agreements.

• Client Consent: For projects not bound by confidentiality, I will notify the client prior to using the completed artwork for public-facing purposes, ensuring that its use aligns with our mutual understanding.

5. Data Retention

Information and files related to your project may be stored securely for future reference (e.g., revisions, portfolio use) unless you request their deletion after the commission is complete.

6. Your Rights

You have the right to:

• Request clarification on how your data is used.

• Ask for your data or project files to be deleted, subject to legal and record-keeping requirements.

7. Termination and Dispute Resolution

In the event of a dispute or project termination, I will maintain the confidentiality of all shared information and materials. However, any rights to publicly display the work I created will adhere to the terms outlined in the Portfolio Use section.

8. Amendments

I reserve the right to update this Privacy Policy as needed. Any changes will be communicated clearly and in advance, ensuring you remain informed about how your information is handled.

By proceeding with a commission, you acknowledge and agree to the terms outlined in this Privacy Policy.

I am committed to providing transparent and fair payment practices for my digital art freelance services. This policy outlines the terms and conditions regarding payment, ensuring a smooth and ethical transaction for all parties involved.

Payment Structure

• To ensure a smooth and transparent project process, the payment for all digital art commissions will be divided into multiple milestones as follows:

  • Initial Deposit: A non-refundable deposit of 20-30% of the total project cost is required before the project officially begins. This deposit secures your spot in the schedule and allows me to begin preliminary work.

  • Second Milestone: A payment of 30-40% of the total project cost is due upon completion of the concept phase or when a draft of the artwork is ready for client review. This milestone ensures that both parties are aligned on the direction of the project.

  • Final Payment: The remaining 30-40% is due upon completion and delivery of the final artwork. This final payment signifies the completion of the project and the transfer of ownership rights to the client.

  • Pay in Full Option: Clients are always open to communicate if they want to pay the commission in full upfront or upcoming payments at any point in the commission.

  Each payment is due upon reaching the respective milestone, and any delay in payment may affect the project timeline. Invoices will be provided for each milestone and must be paid within 14 days of the invoice date to maintain the agreed schedule.

Accepted Payment Methods

For your convenience, I accept the following payment methods for all digital art projects:

• Stripe (Preferred Payment Method): Payments will be processed securely through Stripe, a reliable platform for credit and debit card transactions. You will receive a payment link to securely complete the transaction.

• Credit/Debit Cards: Payments via Visa, MasterCard, American Express, and other major credit cards are accepted through Stripe.

• PayPal: PayPal is also accepted as an alternative method for payments.

• Bank Transfers: Bank transfer payments are available upon request. Specific instructions will be provided for this option.

Please note that all payments must be processed through one of the above methods to ensure a smooth transaction.

Payment Timeline

• Invoicing: Invoices will be issued electronically upon reaching project milestones or upon completion, as outlined in the initial project agreement.

• Payment Due Date: Payments are due within 14 days of the invoice date. Timely payment is essential for maintaining our project schedule.

Late Payment Policy

• Grace Period: A 7-day grace period is allowed for late payments.

• Late Fees: After the grace period, a late fee of 5% of the total invoice amount will be applied for each additional week the payment remains outstanding. Delayed payments may affect project timelines and delivery.

• Extended Delay (e.g., 30 Days): If the client has still not paid after 30 days of non-responsiveness or failure to honor agreed terms, it’s reasonable to consider project termination and will adhere to other termination clauses.

Refunds and Cancellations

• Refunds: Due to the nature of digital art, refunds are generally unavailable. However, if a project is canceled before any work has begun, the deposit can be refunded upon request.

• Cancellations: Should you wish to cancel a project, please provide notification in writing. Any work completed up to that point will be billed accordingly. If you are dissatisfied with the work completed, I will work with you to make necessary revisions within the project scope. If the project is canceled after work has started, the deposit will not be refunded, but any remaining balances due will reflect the amount of work completed, including drafts and revisions.

Client Responsibilities

To ensure timely completion and payment adherence, clients are expected to:

• Provide clear and concise project requirements.

• Respond promptly to queries and feedback requests during the project timeline.

• Meet payment deadlines as stipulated in the invoice.

By engaging with my services, you agree to adhere to this payment policy, fostering a fair and collaborative working relationship. Thank you for considering me for your digital art needs.