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Terms of Service

GENERAL

  • YOUR COMMISSION WILL BE POSTED AS A SOCIAL MEDIA SHOWCASE AS SOON AS IT'S FINISHED, UNLESS YOU PAY FOR THE NDA/PRIVACY OPTION. OR UNLESS YOUR COMMISSION ALREADY INCLUDES PRIVACY BY DEFAULT. If you don't want me to tag you, let me know beforehand. I tag all clients, unless they let me know they don't want to be tagged.
  • I reserve the right to change the TOS as I see fit.
  • I reserve the right to decline any commission request.
  • I reserve the right to cancel your commission if I can't continue with the project (due to health or personal matters). You will be refunded in full if this is the case. I will not cover payment processing fees.
  • All commissions are selective, not first come first serve.
  • I retain all rights to the designs I create.
  • I reserve the right to show the commissioned graphics as part of my portfolio.
  • I reserve the right to post the graphics to my social media, in order to promote myself and my business.
  • I work with Affinity Studio and Figma. I do not use Adobe products, keep in mind that ALL editable files will be handed out in ,af, PSD, PDF, EPS or Figma format.
  • Make sure you own the rights to all the material used in any commissioned graphics. I will not use characters or assets that you do not own the rights to.
  • Please do not give me AI references or AI-generated art/materials to include in the graphics. I do not work with AI-generated material in any capacity.
  • You are NOT allowed to use my work to train AI models of any kind.
  • All communication is handled via Email (nyxgothica.vt@gmail.com). I don't use Discord for communicating about commissions.


LOYALTY PROGRAM

  • STARTING IN 2026, returning clients who commission me more than once will automatically enter my Loyalty Program! For every 5 commissions, you'll get a secret prize picked at random (The options are: a free product, a free commission, or a massive discount!)
  • I want to reward those who love my work enough to support me multiple times, I really appreciate it! You all make my dreams possible.


PAYMENTS

  • Payment will always be 100% upfront for me to start working (for smaller projects).
  • If the total Payment is above 100.00 USD, you must pay at least 50% to secure your slot at the beginning and the rest before the final files are delivered.
  • Payments will be handled through Paypal, an invoice will be sent with the details.
  • If you issue a chargeback without warning, you will be blacklisted and you will not be able to access my services in the future.


REVISIONS

  • You get 3 rounds of revisions for minor changes. A minor revision is: Changing the color or positioning of elements.
  • Bigger changes that require me to rework significant sections of the project will incur an extra fee. A big revision is changing the concept completely, or adding things not previously discussed.


DEADLINES AND DELIVERY

  • Please make sure to inform me of your deadline beforehand.
  • Know that you should give me at least 2 months ahead of your deadline if possible.
  • Bigger projects can take from 2 to 3 months to be delivered due to the amount of work required.
  • Smaller projects can take up to 1 month to be delivered.
  • Delivery files will be sent to you via email, in ZIP format. Or through a Google Drive folder. You can request other methods of delivery if you want.


USE

  • You are allowed to use your digital assets for limited commercial purposes (streaming, videos, social media).
  • If you choose the print/merchandise option, then you can use your assets for commercial printing purposes.
  • You are not allowed to copy or reproduce the final designs for different purposes than those stated here.
  • You are not allowed to redistribute or resell the original files, or allow other people to use them for profit in any way.
  • You are not allowed to share editable files with other designers unless I have been informed and given explicit permission.
  • You are not allowed to use your assets for NFTs or in AI software of any kind.
  • Credit me as NyxGothica at all times.


DELIVERABLES

  • All files will be digital only. There are no physical deliveries.
  • Your files will be delivered in PNG, WEBM, MP4, Figma or PSD format depending on the type of commission.
  • After you receive the final files, it is your responsibility to keep them safe and back them up.
  • I will not be held responsible if you lose your files in the future.


COMMUNICATION

  • All communication is handled via Email (nyxgothica.vt@gmail.com). I don't use Discord for commissions.
  • I will reach out to you once the commission is confirmed and the upfront payment has been made, to request any additional details or ask questions if needed. Please make sure to provide references and be as descriptive as possible in your requests, so I can provide a great service for you.
  • You will receive your first update 10-15 days after your request is confirmed and paid for, unless otherwise stated. Please do not ask for updates during this initial period. Or if your slot has been reserved for a specific month, then you will receive updates during that month, not before.
  • I will be updating you weekly/once every two weeks with progress on the commission (usually during the weekends, or on mondays). Please do not pressure me if you've received a weekly update already.
  • Please be polite and kind. I reserve the right to cancel an order if I'm mistreated by the client (racism, misogyny, homophobia, transphobia, ableism). You will NOT be refunded if the work has already been started in this case. I will cease all activities and blacklist you.


REFUNDS

No refunds will be made once both parties have agreed to start the commission.

Refunds will ONLY be issued if:

  • The commission cannot be delivered at all for any reason on my part, which means you will get a full refund. If the work is partially completed, then you will receive a partial refund depending on how much of the work I completed. I will not cover payment processing fees.