By commissioning Lownart (operating under the registered business name Foothill Design), you agree to the following terms. Please read carefully.

The formatting isn't perfect on Formbricks, so feel free to check out the printable version in the link below:

https://docs.google.com/document/d/14eJOxFwZw6i3kuQHSToE0DOWsYDLizwULESQuN_7Ps8/edit?usp=sharing

Prohibited Actions & Enforcement
1. You may not:
2. 1. Claim the commissioned artwork as your own.
  2. Resell, redistribute, or use it for NFTs or AI training.
  3. Alter the commissioned artwork without my written consent.
  4. Use the commissioned artwork for commercial purposes without purchasing a license.
3. Enforcement:
4. 1. If you violate these terms, I may pursue legal action.
  2. Unauthorized commercial use will require additional compensation.
Copyright & Ownership
1. I retain full copyright over the commissioned artwork.
2. Purchasing a commercial license grants usage rights, not ownership of the intellectual property.
3. You may not claim the commissioned artwork as your own, resell, or redistribute it without my permission.
4. Unauthorized use will result in legal action and may require additional compensation.
Payment, Refunds & Cancellations
1. You must pay the full amount upfront before I begin working.
2. I do not offer refunds unless I cancel the project.
3. If you cancel the project after I begin work, I will not issue a refund.
4. Once you approve a project stage (e.g., sketch, linework), you cannot cancel the commission.
5. If you do not respond for 14 days, I will consider the project abandoned, and no refund will be given.
Delivery
1. All commissions are digital, intangible goods. You will not receive a physical product.
2. I will send the final product via email or another agreed-upon digital method.
3. I retain proof of delivery (e.g., email timestamps, access logs).
4. You must confirm receipt of the final product within 72 hours. If you do not respond, I will consider the delivery accepted.
5. Raw Files
6. 1. Raw project files (e.g., PSD files) are not included in the commission.
  2. If you request raw files, you must pay an additional fee.
  3. I retain the right to remove proprietary elements (e.g., custom brushes) before delivery.
  4. You may only use raw files for personal purposes. You cannot alter, resell, or use them for commercial purposes without my written consent.
Revision Policy
1. Definitions
2. 1. Minor revisions include small adjustments such as color tweaks, slight detail corrections, or refining shading.
  2. Major revisions (e.g., pose changes, significant redesigns, outfit changes) after sketch approval require additional fees or may be refused.
3. You may request two (2) minor revisions throughout the process.
4. 1. If you exceed the two (2) included revisions, I will charge for additional changes.
5. You must request all revisions within 7 days of receiving the work-in-progress or final piece.
6. 1. If you do not request revisions within this period, I will consider the artwork final.
7. If you request major changes after approving a stage (e.g., changing the pose after I start linework), I may charge an additional fee or require a new commission.
Project Scope & Timeline
1. You must provide a clear description of the commission before I begin work. This includes size, resolution, specific details, and references.
2. If you change the scope after I confirm the details, I may charge additional fees.
3. By commissioning me, you allow me creative freedom within the agreed style and scope. Minor deviations due to artistic interpretation do not justify a dispute or refund.
4. I will provide an estimated delivery time before payment. If you delay responses, approvals, or revisions, I may adjust the timeline accordingly.
5. If unexpected delays extend the delivery time, I will notify you as soon as possible.
Usage Rights: Personal use
1. You may use the commissioned artwork for non-commercial, non-revenue-generating purposes:
2. As a social media avatar, banner, or profile picture, with credit given to me (Lownart).
3. Displaying it on personal websites, blogs, or social media pages, as long as you do not monetize the platform.
4. Printing it for personal display (e.g., as a poster or wallpaper), but not for resale or distribution.
5. Personal Use does NOT include:
6. 1. Using the artwork on a monetized platform (e.g., YouTube, Twitch, Patreon) without a license.
  2. Printing the artwork for merchandise even if for personal use, unless agreed upon.
Usage Rights: Commercial Use
1. “Commercial Use” means any use where the commissioned artwork directly or indirectly generates revenue, promotes a business, or is included in products, services, or advertising.
2. You must purchase a commercial license if you intend to:
3. 1. Use the artwork for business branding, marketing, or advertisements.
  2. Print and sell the artwork on merchandise (e.g., T-shirts, stickers, posters).
  3. Feature it in monetized content (e.g., YouTube videos, Twitch streams, paywalled material).
  4. Use it in game assets, book covers, comics, or commercial publications.
4. Commercial Use does NOT grant:
5. 1. Exclusive ownership unless explicitly agreed upon. I retain copyright unless a full buyout is negotiated.
  2. Resale or redistribution, including NFTs or AI training.
6. Commercial Licensing & Fees:
7. 1. A separate commercial license must be purchased for any commercial use. Pricing depends on intended use and distribution scale.
8. Contact me to discuss licensing options and fees if you require commercial rights.
9. Unauthorized commercial use will require additional compensation and may result in legal action.
Dispute Handling
1. You must contact me directly to resolve concerns before filing a dispute or chargeback.
2. If you file a chargeback or dispute without prior discussion:
3. 1. I will revoke all rights to the commissioned artwork.
  2. You may not use the artwork in any way.
  3. I will submit all documentation (e.g., communications, payment records, delivery proof) to PayPal or your financial institution for resolution.
4. If you initiate a fraudulent chargeback, I may take legal action.
Governing Law
1. These Terms of Service follow the laws of California, USA.
2. If a dispute escalates to legal proceedings, you agree to resolve it in Los Angeles County, California, USA.
Data Protection
1. I comply with the California Consumer Privacy Act (CCPA) and other applicable data protection laws.
2. I will only use your personal information to complete your commission and communicate with you.
3. I will not share your information with third parties unless required by law.
Acknowledgment of Terms
1. By commissioning me, you confirm that you have read, understood, and agree to these terms.
2. By paying the invoice, you legally accept these Terms of Service.

Additional Notes:

If you have specific deadlines or special requirements, you must communicate them before payment.
For significant revisions or additional work beyond the original scope, we will discuss a separate fee and timeline.