Terms of Service

__✦ GENERAL TERMS.+ All commissions are digital goods and no physical items will be shipped unless otherwise discussed.
+ Mielzy reserves the right to refuse any commission request.
+ Upon delivery, commissions will not be resold or redistributed by Mielzy unless otherwise agreed upon with the client.
+ By default, Mielzy reserves the right to use commissions for self-promotion (e.g: Twitter posts, Twitch/Discord process stream, Speedpaint videos...). Full privacy may incur additional fees and must be notified by the client prior to any payment.
+ Mielzy reserves the right to cancel any order if there is strong animosity between the artist and the client.
+ Upon payment, the client is expected to keep Mielzy informed of any update of their contact information. If all information provided becomes unusable before the start of the order and the client can no longer be reached, the commission will be cancelled after 10 business days. The client will no longer be eligible for a refund.
+ Prices are final and non-negotiable. Any attempt to negotiate pricing will result in Mielzy declining the request.
+ Using commissioned products in any blockchain-related technology, such as (but not limited to) NFTs and cryptocurrency, is strictly prohibited.
+ Using commissioned products in any AI-training capacity, such as (but not limited to) usage in Stable Diffusion models etc., is strictly prohibited._✦ COPYRIGHT & USAGE.+ Mielzy disclaims any responsibility for copyright issues. By providing material (sounds effects, artwork, fonts, etc...) for Mielzy to use, the client guarantees ownership of the correct licenses.
+ The client does not have the right to repurpose, redistribute or edit any of the commissioned products unless an Extended license has been provided by Mielzy.
+ The client does not have the right to claim the commission as their own work, even after purchasing an Extended license and editing the design.
+ If the client purchases any editable source files (.psd, .ai, .aep files), they are authorized to modify the product but not repurpose or redistribute it unless an Extended license has been provided by Mielzy.
+ Under personal use, the client is encouraged to credit Mielzy by screen name (Mielzy), Twitter handle (@mielzypng) or website URL (mielzy-comissions.carrd.co) on any platform where the commission is displayed publicly.__✦ PAYMENT, DISCOUNTS & REFUNDS.[ payments & fees ]
+ Mielzy requires at least a 50% nonrefundable down payment upfront unless otherwise discussed. Once that is received, Mielzy will start on the commission.
[ delivery options ]
+ Delivery may be delayed by deadline/rushed orders. Any delay affecting a commission will be notified to the client.
+ The client can request a deadline for their commission. If the project is accepted, a +50% to +80% fee per item will be applied to the order, based on workload, timeframe and complexity of the project. Deadline orders must be paid in full upfront.
+ The client can request a rush delivery for their commission. If the project is accepted, a +100% fee per item will be applied to the order. Delivery is guaranteed within 5-10 days upon receipt of payment.
+ The client can request an express delivery for their commission. If the project is accepted, a +200% fee per item will be applied to the order. Delivery is guaranteed within 2-5 day upon receipt of payment.
+ The client can request a non-disclosure agreement for their commission. Progress and final product will be kept private and will only be shared to the client and any other party directly involved with the commission, with prior approval from the client. A 50% fee per item will be applied to the order and the client will receive a non-disclosure agreement PDF document to review and sign electronically.
[ cancellations, refunds & chargebacks ]
+ Administrative fees are excluded from all refunds.
+ The client is eligible for a refund if the commission is cancelled prior to the start of the project.
+ The client is no longer eligible for a refund if they choose to cancel a commission after the project has been started.
+ If Mielzy fails to meet a deadline or any other requirement requested in the initial agreement, the client will be eligible for a refund.
+ Chargebacks are strictly prohibited.
+ Repeatedly cancelling commissions will result into immediate blacklisting.
+ Purposeful chargebacks with no prior notifications to Mielzy will result into immediate blacklisting including public display of: e-mail address, social media handles.__✦ CONFIDENTIALITY.+ Neither Party (Mielzy and the client) shall use, disclose or make available to any third party the other Party’s Confidential Information, unless such use or disclosure is done in accordance with Mielzy's Terms of Use.
+ Each Party must hold the other Party’s Confidential Information secure and in confidence, except to the extent that such Confidential Information:
[a] is required to be disclosed according to the requirements of any law, judicial or legislative body or government agency; or
[b] was approved for release in writing by the other Party, but only to the extent of and subject to such conditions as may be imposed in such written authorisation.
+ This clause will survive cancellation of the commission and any other agreement and license.__✦ LICENSES (Personal, Commercial, Extended...).[ personal use ]
+ By default, commissions are delivered for Personal use. The client is allowed to:
.......... Use any commissioned product on Twitch, YouTube for monetized content,
.......... Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...
+ Without prior approval or an appropriate license purchase, the client is not allowed to:
.......... Use any commissioned product to produce merch or prints
.......... Use any commission product for paid content (Patreon membership etc...)
.......... Reselling any commissioned product
.......... Redistributing any commissioned product
.......... Editing any commissioned product[ commercial license ]
+ A Commercial license incurs a +150% fee per item. It can be purchased separately from the item at any time. Upon purchase of a Commercial license, the client will receive a License Agreement PDF document to review and sign electronically.
+ Upon purchase of a Commercial license, the client is allowed to:
.......... Use any commissioned product on Twitch, YouTube for monetized content,
.......... Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...
.......... Use any commissioned product to produce merch or prints
.......... Use any commission product for paid content (Patreon membership etc...)
+ Without prior approval or an appropriate license purchase, the client is not allowed to:
.......... Resell any commissioned product
.......... Redistribute any commissioned product
.......... Edit any commissioned product
+ License purchases are not eligible to discounts.
+ Under commercial use, the client must credit Mielzy by screenname (Mielzy), Twitter handle (@mielzypng) or website URL (mielzy-commissions.carrd.co) on any platform where the commission is displayed publicly.
[ extended license ]
+ An Extended license incurs a +350% fee per item. It can be purchased separately from the item at any time. Upon purchase of an Extended license, the client will receive a License Agreement PDF document to review and sign electronically.
+ Upon purchase of an Extended license, the client is allowed to:
.......... Use any commissioned product on Twitch, YouTube for monetized content,
.......... Use any commissioned product on Social media platforms such as Discord, Twitter, Instagram, TikTok, etc...
.......... Use any commissioned product to produce merch or prints
.......... Use any commission product for paid content (Patreon membership etc...)
.......... Resell any commissioned product
.......... Redistribute any commissioned product
.......... Edit any commissioned product
+ License purchases are not eligible to discounts.
+ Under commercial use, the client must credit Mielzy by screenname (Mielzy), Twitter handle (@mielzypng) or website URL (mielzy-commissions.carrd.co) on any platform where the commission is displayed publicly.
+ If a commissioned product is altered, Mielzy must still be credited as original designer.