TERMS OF SERVICE

LAST EDITED: APRIL 23, 2025

This Terms of Service Agreement ("Agreement") is entered into between the Artist, Lyrramori, and the Client for the commission of an artwork ("Work"). By commissioning Lyrramori, the Client agrees to the following terms:

1. ENGAGEMENT

1. Client provides clear and complete requirements and expectations upfront, including reference materials or assets before Work begins.
2. Client grants to the Lyrramori non-exclusive rights to observe and replicate Client’s own character design, reference material and other intellectual property for the use of the Work.
3. Client warrants that the character design, reference material and other intellectual property provided to Lyrramori are legally obtained and authorized for use by the Client.

1. While AI generated references for posing and similar information are permitted, characters that are designed and created entirely off of AI are not permitted. References are hard to distinguish from real art, and client may use them to clarify their ideas.
2. Gen AI model concepts are not permitted and discovery of such will lead to termination of project with refund dependent on project progress.

4. Client warrants that they have the authority to enter this agreement, be the point of contact and is solely responsible for decisions and approval during the process.
5. Lyrramori strives to perform to the best of their ability in good faith and warrants Work is 100% original according to Lyrramori's best knowledge.
6. Lyrramori may use commercially licensed, copyright-free and/or educational materials, assets and/or tools.
7. Lyrramori warrants that they will not copy or heavily reference unauthorized materials.
8. Lyrramori reserves the right to refuse projects or requests based on content, subject, or other reasons
9. Lyrramori defines scope of work, features, price, deliverables and other details for the project in a proposal in a format according to Lyrramori discretion which may include private messages through Discord, Twitter, VGen Platform, Google document, or email. The details set forth by Lyrramori shall be agreed upon by the Client before work begins.

2. CONTENT RESTRICTIONS

1. Lyrramori will not create content that is offensive, illegal, or against their personal morals and identity. As such, both artist and Client are able to refuse working together if this cannot be remedied.
2. Specific restrictions include but are not limited to:

1. Sexualization of minors or minor presenting characters, including both fictional and non-fictional depictions.
2. Content depicting sexual acts that include any non-consenting parties.
3. Content depicting support of racial fetishization or discrimination.
4. Content depicting support of war, violent historical events and/or violent historical figures.
5. Excessive, hyper-realistic gore erotica.
6. Glorification/romanticization of mental health conditions or mental disorders.
7. Refusing collaborative projects with artists and clients that create content centering the aforementioned restrictions.

3. TIMELINE AND PROCESS

1. Work completion requires 4 weeks minimum, and may take up to a year depending on each project.
2. Timeline depends on commission type, complexity, and workload.
3. Client should plan launches and streams accordingly.
4. Lyrramori provides progress updates via their Notion, which can be viewed via https://lyrramori.carrd.co/#workboard, unless otherwise discussed. Client may provide feedback in response to viewing these updates through any of the agreed upon forms.
5. It is the client’s responsibility to look through progress updates thoroughly on Notion.
6. Client is allowed to ask for further updates through any means of contact, and may ask for revisions upon viewing updates on notion or other agreed upon platform.
7. Final deliverables are provided by Lyrramori using the VGen platform, email, Google Drive, Discord, or similar file transfer tools, in formats dependent on the commission.
8. Any files hosted or sent  by Lyrramori will be available for the Client to download for up to 2 years via Google Drive. After 2 years, files may be unavailable upon request.
9. If there are any delays and adjustments to the timeline, Lyrramori will inform the Client.
10. Clients must first agree to delays and amendments to the timeline exceeding 3 months through standard communication channels.
11. Clients have the right to request refunds 4 months after exceeding contract decided deadlines according to 8.c. if Work has not been delivered and there was no agreed upon amendment to the timeline.
12. If Client requests for an Established deadline that is under 2 months, they must pay a rush fee amounting to 50% of the total commission price.

4. REVISIONS

1. Revision rounds are dependent on commission type.

1. VTuber Art and Illustrations include up to 2 revisions. If there are any mistakes on the fault of Lyrramori, such as forgetting certain accessories, there are no fees or limits to correcting those specific qualities.
2. Live2D revisions can be brought up after each progress update. If the progress is further along and the Client requests for a change that should have occurred beforehand, there will be an extra fee.
3. Concept design revisions are charged per round of submission. Cost is dependent on the amount of changes and complexity. These revision rounds can cost anywhere from $50USD-$200USD.

2. Additional charges for excessive revisions may be required.
3. If revisions are frequently made on already approved areas of the project, Lyrramori reserves the right to either charge extra or terminate the commission, with partial refund if necessary.
4. Revisions may affect progress and timeline.
5. Clients may not edit the work after final delivery unless specified in the commission information, project outlines or otherwise approved by Lyrramori.

5. COMMUNICATION

1. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
2. Communication channels may include , VGen Platform Correspondence, Discord Private Messages, Twitter Private Messages, or Email.
3. Lyrramori will respond within a week to matters regarding the project.
4. Lyrramori and Client agree to discuss relevant matters concerning the project. Both parties have the right to decline other topics of discussion.
5. Client must be clear and honest in their approval.
6. If there are conflicts or disagreements that prove working together to be excessively difficult, Lyrramori reserves the right to end the commission with partial refund if necessary.

6. RIGHTS & USAGE

1. Artist General Rights

1. By default, Lyrramori retains copyright, ownership, redistribution and intellectual property rights, which includes but is 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, exempting when some or all of these rights are transferred to the Client under express agreement or project specifications.
2. Lyrramori 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.

2. Client Rights for Personal Use Licensed Works

1. Clients receive non-transferable usage rights to the Work for personal use. Refer to Section 6.c. for commercial rights.
2. Personal use means: display on social media accounts for promotional purposes with no direct monetization or sales, such as social media profile pictures, banners, and posts; print and framing in personal spaces; display as part of designs on websites and channels, excluding use in content of these websites or channels; or any other instances where no monetization of, or of content featuring, the Work is involved.
3. Client must not claim Work as their own and must credit Lyrramori 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 where possible.

3. Client Rights for Commercial Use Licensed Works

1. Commercial usage rights are included in Live2D and VTuber Design commissions. Illustrations, Chibis, and Emotes require a separate commercial fee to buy these rights for monetization via merch and other similar services.
2. Commercial rights may differ for each commission type. Commercial broadcast rights means usage of Work on streams, videos, advertisements and other content, or any similar monetized instances; commercial distribution rights means selling or reselling Work to another party, as a part of any product or merchandising, or on another platform.
3. In the case of original design work and assets for the purpose and definition of the Client's brand identity such as character design, logo design, and more, intellectual property rights of the designs and their likeness are exclusively transferred to the Client for use, production and modification purposes, commercial or personal.
4. 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.
5. Additional charges will be required for commercial usage if not included in the project type, listing, or specifications, typically 2x of the original cost.

7.PAYMENTS & FEES

1. Client pays either in full up front or 50% initially and 50% at completion. Further payment plans are available at both parties' discretion, but Client must acknowledge that payment plans affect the refund process. In some cases, refunds to payment plans may not be possible.
2. If Client chooses to pay split payments, the payment must be sent before final products are delivered. Lyrramori will provide a low-resolution, watermarked image or video to preview in this instance.
3. Invoices, proposals or payment links will be sent to the Client when Lyrramori is ready to begin work. Clients must not send money before these requests for payment from Lyrramori.
4. Invoices must be paid in order for Lyrramori to begin. The commission process does not begin until the agreed upon invoice is paid.
5. Prices are listed in USD. Payment invoices are sent either to your email or via VGen.
6. Prices may vary or change depending on complexity, requirements and/or additional requests.
7. 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.
8. Client agrees that they will not issue chargebacks and the refund policy mentioned below will be followed.

8. CANCELLATION & REFUNDS

1. If Client requests cancellation before work begins (i.e. no Sketch or progress given) within a week of first payment, a full refund is allowed.
2. If a Client requests cancellation after a sketch has already been submitted, they are able to receive a maximum 50% refund, this amount decreases based on progress and time allotted to the project.
3. No refunds are possible after 2 weeks of the commission starting. Lyrramori will submit a sketch to the client and post (unless a privacy fee has been paid) onto Notion to signify the project start. This applies unless initiated by Lyrramori and except for circumstances due to Lyrramori as detailed in Section 3.
4. If Lyrramori cannot complete work 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, Lyrramori will provide a partial refund according to the amount of work complete.

9. CONFIDENTIALITY

1. Lyrramori and Client acknowledges that 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 the owner of this confidential information.

10. INDEMNIFICATION

1. Client indemnifies Lyrramori against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
2. If Client's rights and the terms of this agreement are violated or the Work is not delivered as agreed, due to Lyrramori negligence, Lyrramori will work to remedy the situation first according to the terms aforementioned and otherwise to the satisfaction of the Client.

11. ACCEPTANCE

1. Client is 18+ and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
2. Agreement date is upon waitlist application submission or invoice payment included via the invoice note description.

Thank you to @keyokku (twitter.com/keyokku) for creating a Terms of Service template for me to work off of, and thank you to Hugo for making this site friendly for me.