MAXWELL'S TOS

By commissioning me or accepting my art offer, you are agreeing to accepting these terms of service.
I am not responsible for your negligence to follow a terms of service, even if you are not the original commissioner.
Breaking my terms will result in a blacklist. My terms of service are held to change, it is your responsibility to stay informed.MY RIGHTS AS THE ARTIST
⋆ I hold the right to refuse or deny a commission without explanation.
⋆ I hold the right to create personal art or adopts while owing art. Creating art that inspires me helps me produce a final product. If you wish to rush a commission it will cost extra.
⋆ I hold the right to work on my designated work days. (Mondays - Thursdays) Weekends are reserved for loved ones.
⋆ I hold the right to use funds immediately. Refunds are not always immediately possible. The more I work on your commission, the less likely I am to refund you.
⋆ I hold the right to post art that you commission on social media. I do not hold the right to sell that commission work again!
⋆ I hold the right to block and blacklist liberally.
⋆ I hold the right to rest when I am sick, injured or unwell. I am physically disabled! Delays in owed art and commissions are dependent on my physical condition.YOUR RIGHTS AS THE COMMISSIONER.
⋆ You hold the right to repost the artwork on any social media or website with the appropriate credits. (My carrd, my Toyhou.se, my Instagram)
⋆ You hold the right to edit my art work to your liking as long as you still credit me for the original art. AI training and NFTs are excluded!
⋆ You hold the right to use my artwork non-commercially without permission, such as icons, personal stickers and merchandise. To use my art commercially, you must contact me first.⋆ You do not hold the right to claim my artwork as your own.
⋆ You do not hold the right to trace my artwork and claim it as your own.
⋆ You do not hold the right to train AI or make NFTs out of my art.GENERAL RIGHTS AND COMMISSION PROCESS.
⋆ My queue can be seen on my Trello. My queue is typically in order that I have received the commission, but that isn't always a guarantee.
⋆ My commissions turn around time - abbreviated as TAT - is dependent on outside factors such as my offline job's working season and my physical ability. For that reason, I cannot always give out a definite TAT.
⋆ You hold the right to communicate me through my email ([email protected]) or my discord (maxbatty) - messages to my Instagram and Toyhou.se aren't always a guarantee for a response! It may take me up to 72 hours to respond, depending on work and my physical condition.
⋆ You do not hold the right to spam me or demand your art. You hold the right to bump messages as long as they are 24 hours apart.
⋆ You are not required to pay until I start working on your commission's lineart. I will not continue past the sketch if I am not paid.
⋆ You hold the right to request changes throughout the entire commission process - however Procreate has limitations with file sizes and the amount of layers. The farther the commission is in - lineart, coloring, shading - the harder it is for me to make changes.
⋆ You are responsible for reading which commission type and what limitations and additions those come with.PAYMENT
⋆ My prices are in USD.
⋆ My preferred method of payments are, in order, Cashapp, Ko-Fi, and Paypal. Ko-Fi allows me to track commissions and my currently available slots. You will be invoiced via PayPal.
⋆ I hold the right to accept payment plans on commissions priced more than $100 USD. Payment plans are offered for commissions priced more than $50 USD but have a max time of two weeks.
⋆ You hold the right to tip me as you see fit with not expectations from me, the artist.REFUNDS AND CHARGEBACKS
⋆ I hold the right to refuse refunds a month has gone by without any progress or updates from me, the artist. If you request a refund, we will decide my allotted time to refund you.
⋆ I hold the right to refuse refunds once coloring has begun.
⋆ You hold the right to request a refund upon seeing the sketch. You, however, will be refunded 75% as I have already begun working.
⋆ You hold the right to inform me if you're not satisficed with your commission as I send the updates - such as sketch, lineart, coloring, and shading. You are responsible for communicating with me.
⋆ I hold the right to refuse chargebacks unless there has been proof of negligence to give you a refund without the allotted time that we have decided when you request the refund.
⋆ If you open a chargeback to avoid my refund policy, your commission becomes null and void from your ownership and will be resold as compensation for the chargeback. You will be blacklisted.BLOCKING AND BLACKLISTING
⋆ I hold the right to blacklist and block liberally. Just because you're blocked doesn't mean you are blacklisted. You do not have to have any relation to me - such as being a follower or commissioner - for me to blacklist you.
⋆ I hold the right to blacklist and block without reason. I hold the right to not owe you an explanation for why you are blocked or blacklisted.
⋆ If you believe you are wrongfully blocked and/or blacklisted, or that there is some sort of communication error, you may email me and email me only.
⋆ If you are blacklisted, you do not have the right to commission me. or own any future designs - previous designs are okay. You will be put on a public blacklist so future commissioners may know not to sell my art or designs to you. Whatever previous designs or art that you do own prior to being blacklisted must still follow both my Art Terms of Service and my Design Terms of Service.OTHER
⋆ I will draw (or learn how to draw) any animal - fictional or real. This includes hybrids, plants, anthromorphic, feral, or centaur creatures.
⋆ I will draw humanoids, although I am rusty and inexperienced.
⋆ I will draw SFW nudity, also known as barbie doll nudity.
⋆ I will draw simple and complex characters - complex characters may be charged extra.
⋆ I will blood, bones, skeleton, or bug related designs and creatures - complexity may be charged extra.⋆ I maybe will draw non-harmful drug usage - such as weed, tobacco, or alcohol.
⋆ I maybe will draw weapons or mecha - complexity may be charged extra.
⋆ I maybe will draw body horror, candy gore or pastel gore - complexity may be charged extra.
⋆ I maybe will draw suggestive or NSFW context - 18+ only. You will be required to provide proof.⋆ I will not draw harmful drug usage - such as meth, crack, heroine.
⋆ I will not draw offensive gestures, slurs or offensive language.
⋆ I will not draw cultural appropriation - such as feathers behind ears - racism, sexism, bigotry - including homophobia or transphobia, ableism, pedophilia, zoophilia - including suggestive or NSFW artwork of feral characters or anything else that depicts harming or discriminating people, children or animals. This include MAGA and Trump supporters. If you are affiliated with this, you will be blocked and blacklisted.

By continuing to my prices, you have acknowledged my terms of service. I reserve the right to deny your commission or custom for any reason.

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