1. GENERAL/ENGAGEMENT

a. By commissioning Kibby you acknowledge to not claim or modify work as your own without permission from Kibby.

b. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.

c. Client warrants that they have the authority to enter this agreement, be the point of contact, and are solely responsible for decisions and approval during the process.

d. Artist strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Artist’s best knowledge.

e. Artist may use commercially licensed, copyright-free, and/or educational materials, assets, and/or tools.

f. Artist reserves the right to refuse projects or requests based on content, subject, time restraints, or other reasons.

2. DEADLINES AND DELIVERY

a. Commission timeline - Most commissions will be done within a month (i.e. 30 days) but can take up to/around 3 months (i.e. 90 days) depending on the project.

b. Timeline depends on commission type, complexity, and workload.

c. Client should plan launches and streams accordingly.

d. Artist provides progress updates (sketches, updates on timelines, etc.) and seeks Client feedback voluntarily.

e. Final deliverables are provided by the Artist using the VGen platform, email, discord, or other agreed-upon platforms in PNG, PSD, JPG, and other formats as applicable.

f. If there are any delays expected in the timeline, the client will be informed.

g. Clients must first agree to delays and amendments to timelines exceeding 3 months through standard communication channels.

h. Clients have the right to request refunds 3 months after deadlines according to 8.c. if Work has not been delivered and there was no agreed-upon amendment to the timeline.

3. CONTENT RESTRICTIONS

a. Artists will not create content that is explicit, offensive, or inappropriate for clients.

b. Specific restrictions, based on skills, include but are not limited to; mechs, underage characters, gore, copied styles, as well as identities/cultures I as the artist may be unable to portray authentically

4. REVISIONS

a. Simple sketch Revisions are allowed.

b. (i.e. After line art, only minor revisions are allowed.)

c. Additional charges for excessive revisions may be required.

d. Revisions may affect progress and timeline.

e. Revisions after work is complete will depend on the complexity of what is wanted

f. Any edits made by a third party or the client themselves are not permitted unless specified previously in the commission information, project outline, or otherwise approved by the artist themselves.

5. USE

a. Artist Use

i. The Artist retains copyright, ownership, redistribution, and intellectual property rights, which include but are not limited to display, advertising, printing, the Work and work in progress on websites, social media, portfolios, public broadcast channels (i.e. Twitch), and more.

ii. The Artist may use rejected work in progress and versions for other projects according to their discretion, under the condition that it does not infringe the Client's intellectual property rights and ownership of their likeness, character design, branding, identity design, or any such trademarks.

b. Client Rights

i. Art from Kibby can be used for anything for personal use, with credit

ii. Personal use means: display on social media accounts for promotional purposes with no direct monetization, such as profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels with credit.

iii. The client must not claim Work as their own and must credit the Artist using their social tag/username/link at the instance of display of the Work or permanently on their websites, social media profiles, broadcast channels, and so on.

c. Emote and Stream asset usage

i. Commissions with the intention and specified for use as emotes, use as a stream scene, a pngtuber, etc., have the rights to be used on Twitch/YouTube and other streaming platforms with credit to KibbyCup

d. Commerical Rights

i. Currently KibbyCup, the artist, does not allow commercial usage rights of any works unless built into the commissions and specified (i.e. emotes, Vtubers, character design, etc..)

ii. Usage of Work for AI (artificial intelligence) tools, platforms, or programs; ML (machine learning) tools, platforms, or programs; AI or ML training; NFT; blockchain; or other for-profit platforms/purposes, is strictly prohibited.

6. PAYMENTS AND FEES

a. Prices may vary or change depending on complexity, requirements, and/or additional requests.

b. Prices are in USD and paid via VGen, PayPal, Ko-Fi, or other methods as provided by the Artist.

c. Once Work has begun or payments have been made, the Client acknowledges Work and deliverables are digital and there are no physically shipped goods to receive.

d. Invoices must be paid within 5 days (i.e. 120 hours) or the project may be cancelled.

d. Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.

7. CANCELLATION AND REFUNDS

a. No refunds are possible after work begins unless initiated by the Artist except for circumstances due to the Artist as detailed in 7.b and Section 2.

b. If the Artist cannot complete work or there are delays as detailed in Section 3 for unforeseen reasons, the Client may be eligible for a full refund. If work done up to this point is accepted and used by the Client, the Artist will provide a partial refund according to the amount of work completed.

8. CONFIDENTIALITY

a. The Artist and Client acknowledge that any information and materials that are provided to either party (including but not limited to personal information, technical information, marketing plans, payment information, or sensitive business information) outside of the development of Work, that will not be visible to the public, shall be considered confidential information and shall not be disclosed to any other party without prior written permission from either party.

9. OTHER (Communication, extra details, etc.)

a. All Commissions may shared on Kibby's Social Media unless discussed beforehand - Please let me know if you wish things to remain spoiler-free.

b. The best place to communicate with me is via Twitter or Discord with any questions, until vgen has built-in messaging.

c. Please do not come into my Twitch channel to contact me about your commission, doing so will lead to a timeout in chat or more.

10. Acceptance

a. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.

b. Agreement date is upon first inquiry/communication or first transaction.

Model credit is required for Art & Rigging on your socials; such as twitch panels and Twitter

Commissions for Model Art and Rigging can be invoiced via Paypal if you do not wish to use Ko-fi

Payment can be split for Vtuber models and rigging, by 50% upfront and 50% once completed before files are sent (For example if you purchased model + Rigging for me, you could pay within 4 payments (pay 50% of model price before sketch and 50% after sketch and 50% of rigging before and after rigging is done)

Live2D model art commissions have free revisions during sketch process, final art and rigging revisions fees will vary based on complexity.

Kibby will stream and share w.i.ps of models being worked on, please discuss when commissioning if things are to be kept private before debut!