# Chapters 0. [[#0. Initial Considerations]] 1. [[#1. Where to Find Me]] 2. [[#2. Introduction]] 3. [[#3. Definitions and Conventions]] 4. [[#4. Participation Rights]] 5. [[#5. Commissioning]] 6. [[#6. Financial]] 7. [[#7. Copyright and License]] 8. [[#8. Publishing]] 9. [[#9. Final Considerations]] ## 0. Initial Considerations
- Acknowledgments Thank you for taking the time to read my ToS and showing interest in my work.
I am available for contact with any questions, suggestions, or criticisms you may have.
You can contact me you through this platform, either through comments or private messages. See other contact methods and available galleries in Chapter [[#1. Where to Find Me]].
- Commissioning Process To be detailed in [[#5. Commissioning]]
In short, contact me, let me know you're interested in taking on a commission, and I'll guide you through the process. We'll develop your project brief, and as soon as slots become available, you'll be contacted to confirm your position in the commission queue, then we can begin working on your project.
- Permission to use of my original characters in fan art See chapters: [[#4. Participation Rights]]. [[#7. Copyright and License]] [[#8. Publication]]
In short, the use of my original characters is authorized in advance; please remember to credit me.
Personally, I think it will be fun to see how fans interact with my characters and the adventures they will get in.
My characters are not final versions; I feel like I'm getting to know them little by little as I develop their art. I currently have no restrictions, except that I wouldn't like to have my characters in watersports, scat, vomiting, or gore.
- For those looking for a ToS template If you're interested in using my ToS as a basis or inspiration to create your own, you have my permission. If you need help, I offer ToS consulting in my Patreon/Subscribestar rewards at: patreon.com/henrymathis subscribestar.com/henrymathis Please remember to mention me as your source.
- About Artificial Intelligence This topic will be discussed in detail in chapters [[#7. Copyright and License]] and [[#8. Publication]].
Personally, I'm not opposed to the use of image generation algorithms as a tool, nor to the use of my work as part of a project, as long as this use is requested in advance and I'm subsequently credited as a co-creator.
I believe my followers are interested in my unique way of telling stories and portraying my characters. Therefore, since my style is an integral part of what I offer my followers, I would like to maintain exclusivity over it and hereby announce that the use of my work, gallery, or designs in any project involving the use of generative artificial intelligence is expressly prohibited. ## 1. Where to Find Me Communication priority is given to clients on active projects, but I intend to respond to all contact attempts.
- Be Nice A contact may be blocked for reasons including, but not limited to, harassment, discrimination, or any form of inappropriate or offensive behavior toward me.
I do not engage in roleplay, erotic roleplay, or sexting. Contacts who engage with me in an attempt to initiate communication in any of these ways will be given the benefit of the doubt. I will assume they are unaware of my rules and they will passa with a notification. If the contact persists, they will be ignored and even blocked.
- Be careful Any contact with me outside of the means listed should be considered suspicious. Even within these means, be wary of interactions you consider unusual. I use all security measures they offer, but you never know.
I will never directly ask my contacts for donations. The donation option will always be offered as a voluntary option. Donations will be made exclusively through the Ko-Fi platform.
I will never request any form of advance payment before listening to the potential client, ensuring I understand their needs, and ensuring I can complete their project. Payment will only be requested through the contact provided by the client or their PayPal ID. I will never request payment as a pretext to schedule contact with the client, provide an exclusive contact method, or guarantee their position in the commission queue. ## 2. Introduction By contracting and using my services, you agree to be bound by the terms of service specified below.
These terms of service are intended to: - Express good faith, transparency, respect for the followers and fans, and my commitment to the services offered; - Restrict the definitions of the products I offer to followers and clients; - Ensure a clear understanding of the products I offer; - Ensure the quality of the product I deliver in accordance with the client's specifications; - Define the types of interaction to which followers and clients will have access; - Limit the ability of followers and clients to interact with me and the client's influence over projects; - Ensure the artist's expressive freedom.
I declare that my terms of service comply with the most recent version of the platform's terms of service. If there is any non-compliance, I certify that it was not intentional. In the event of a discrepancy between any of my terms and those of the platform, the platform's term must supersede my conflicting term. ## 3. Definitions and Conventions
- Pronouns 1. As a synonym for Artist or Content Creator, I may use "I" throughout this document. 2. The follower or client may be referred to as "You." 3. My gallery on this platform may be referred to as "Local Gallery" or "Our Gallery," and projects in general may be referred to as "Your/Our Project."
- Project The set of all and any effort applied to carry out complex processes with the drive to give external form to ideas, which is generally synthesized in the form of a digital image, referred to as the Final Project.
As part of a complex generative process, it is inevitable that at each stage of permutation it is necessary to perform tests in anticipation of the next level, thus avoiding wear and tear and wasting time, in addition to allowing the development of the original impulse idea in a cleaner and more interesting way, as in polishing.
The term Project is commonly associated with an image delivered through galleries, what we would define more narrowly as a Final Project or even Final Art, Artistic Work.
A project may require the generation of several files throughout its journey, from its conception as an idea to its final product as an image. For guidance purposes, we will summarize the Project process in a few descriptive terms that refer to moments where the motivation required for the process is clear:
1. Idea A complex amalgam of the creative flow characterized by an indefinite and potentially unlimited range of meanings. Its path of possibilities has not yet been explored, and everything seems possible at once.
2. Concept The first deliberate decisions to stabilize your idea. Each set of decisions necessarily eliminates incompatible to co-exist possibilities, thus reinforcing or giving shape to an ideia.
3. Sketch Each concept is tested preliminarily, and concepts are compared in search of the one that best expresses the driving force behind the motivation that led you to see meaning in your initial ideas. This stage involves several tests and modifications.
4. Planning The sketch goes through a simplified refinement process where we want to assess its ability to bring the idea to life and determine our approach to polishing it. This segment of the project often generates a stable form that we call a Study. The Study synthesizes everything relevant to the development toward the final form of your original idea.
5. Development Execution of the parameters established by planning in the form of a Study. In addition to polishing, this stage is characterized by solidification.
6. Finalization Final edges to be cut to conceive the final form of the project. The file generated at this stage may be referred to as Final Design, Final Art, or Artwork.
My original characters are excellent examples of my understanding of the design process.
- Client Individual who commissions a project.
- Commission Product delivered to the individual client for their personal or commercial use.
- Services I offer to clients and followers
1. News Dissemination of general information, including reports on the progress of ongoing projects.
2. Interaction I will always be available to interact with followers and clients through the communication channels provided by the platform, whether through comments or private messages. If a follower contacts me through another means of communication, they can also count on my attention, but clients will have priority. Our communication, by default, will be in written form and in English, although other communication channels will be made available to clients in some cases. Portuguese is my native language.
3. Script Among the projects, some may require a greater degree of planning and forethought. Some are first conceived in written format and then developed to their final stage, where they will be published as part of a narrative story, whether in comic book format or short, coherent stories within their larger context. In this case, I may publish written material in my gallery. The client will have access to written material relevant to their project from its initial development stage.
4. Drawing and Digital Art The vast majority of projects take their final form in digital format.
5. Drawing and Traditional Art Some projects may be developed in traditional media, and these may be made available to clients under conditions to be determined.
Art and projects may be SFW or NSFW.
- Product Media through which the project is delivered to the client in exchange for their commission.
- Gallery A collection of artwork that can be made available according to the service commissioned by the client or as I wish to publish and make it available to my followers.
For details on the usage permissions clients will have for the files made available to them, see chapters [[#4. Copyright and License]], [[#5. Publication]].
Among the galleries are:
1. Public Gallery Finished projects that are shared with followers in low resolution. The client who commissioned the project will have access to their files in high resolution.
2. Sketch Gallery A crucial part of the project's development, covering its initial stages.
Rarely does a sketch exist in isolation; here, the one that best served as a basis for conveying the original impulse and inspiring further elaboration will be published.
The file resolution will be low resolution; the client who commissioned the sketch will have access to the high-quality file and its alternative versions, if any.
3. Outline Gallery Line drawings that constitute the final expression of a project or one of the stages of its development. In this case, only the outline selected for development will be published in low resolution. Other outlines that may have been discarded and not included in the final project will be made available to the client who commissioned the project, all files in high quality.
4. Study Gallery Preliminary elaboration of the final project, where different possibilities are tested, such as color palettes and the organization of complex patterns like fur and fabric.
The commissioning client will have access to the high-quality files.
5. Alternative Gallery Variations of the project's central narrative line that were developed separately because they were interesting, for example, different props for a character, facial expression.
Variations can take the form of notes, sketches, outlines, studies, or even another finished project.
Occasionally, variations may be published in the local Gallery in low resolution. The commissioning client will have access to the high-quality files, depending on whether they have chosen to develop alternatives.
6. Project File Gallery Files generated by the software I use to produce the drawings and artwork. They contain all the layers used in the development of the project.
Only the commissioning client will have access to the files.
By default, the project files I provide will be in the Clip Studio .Clip format and the converted .PSD format.
7. Comic Book Gallery Pages with short or elaborate stories. Low resolution for followers, high-quality for the commissioning client.
8. Bundle A .Zip file containing all the files available to the client.
9. Comic Book Script A planning script used to develop comics. It may contain text or images in low resolution for followers and high-quality for the commissioning client.
The client will receive the original text files. By default, the software I use, Obsidian, generates project files in .md format; I will also provide a .pdf version.
10. Timelapse Recordings of project progress that I record occasionally. ## 4. Participation Rights
- Refusal to Participate I reserve the right to refuse to execute Projects, informing the parties involved of my decision not to execute. 1. I may refuse to execute a Project for my own personal reasons, including, but not limited to, situations involving harassment, discrimination, or any form of inappropriate behavior; 2. I reserve the right to refuse to execute Projects in specific cases where I believe they do not fit the aesthetic I intend to represent.
- Project Execution Time Project delivery time may vary depending on their complexity and client interaction.
The client reserves the right to review the project and request various adjustments throughout its development stages. This interaction may impact project completion times and incur additional costs.
- About the Use of My Original Characters by Third Parties Subscribers and fans are permitted to use my original characters in their personal artistic projects for non-commercial and non-profit purposes.
The use of my original characters in AI engines is not permitted.
If a third party intends to use my original characters for commercial purposes, I reserve the right to present a custom contract.
See chapters [[#7. Copyright and License]] and [[#8. Publishing]] for more details on the terms associated with permission to use my characters. ## 5. Commissioning The process a potential client will go through to request a commission. This is only an outline for client guidance and should not be construed as a strict process. You will be properly guided throughout the steps and can always ask questions if you have any.
- Application Criteria Even if there are no slots advertised, let me know that you are interested in commissioning a project. Preference will be given to those who have a project briefing completed, I will contact you to offer a spot in the commissioning queue in advance to making a public announcement.
1. Contact me through: The communication channels provided by the platform, whether through comments or private messages; Social Media; Email; Galleries; Google Form https://forms.gle/ouvR6ncRNsuE8mnY6 2. Confirm your interest in commissioning; 3. Present the ideas for your project. Tell me about your project. It can be a brief description, present whatever you deem appropriate to express your ideas.
If you wish, you can specify some details such as the aesthetics and mood you want to convey. If available, please include attached files or links to references you deem relevant, as well as character reference sheets. If you've chosen one of my characters, simply mention their name.
Construction of your briefing is important; the way it is presented may influence on your quote. For details, see Chapter [[#6. Financial]], Briefing Qualification.
- Your project may involve: 1. Any of my original characters; Remember to include in your briefing the character's name, information that will help me understand why they are relevant to your project, and any additional references you deem necessary. 2. Any of your original characters; Attach files related to your character or provide links to them. 3. Third-party original character; Provide a link to this character. Remember to include links to the gallery, social media, and/or main contact information for the character's owner so I can contact them and obtain their authorization confirmation as quickly as possible, minimizing the impact on the project's delivery time.
If your commissioned project is intended as a gift for the original character's owner, I'll not make contact.
4. Fictional character for fan art. Include links, attachments, and information you deem relevant to your commission in your briefing.
- Selection criteria 1. Clearly outlined project proposal; It doesn't need to be perfect; I just need to understand enough to be able to carry out your project.
Your proposal will receive an initial evaluation, which is not conclusive and can be revised if you wish.
The quality of the information provided by the client and your project presentation may affect your quotation. For details, see Chapter [[#6. Financial]], Briefing Qualification.
2. Respond promptly to contact attempts If you don't respond immediately, I won't give up on you, but the interaction delay may affect your position in the commission queue.
- Shall we begin? 1. Briefing in hand; I may need some additional details so I can assess your needs.
2. Budget proposal; Remember to inform your PayPal account ID. For those who have access to Brazilian institutions, let me know if you would prefer bank transfer or Pix transfer.
You will receive a quotation for my services based on your briefing and requests. The project may receive suggestions and the costs will be discriminated.
At this moment you will not receive any invoice.
3. Review; You may want to review your project proposal and budget.
4. Waiting list; If there are no commission slots available, you will be placed on a waiting list.
5. Available slots; After commission slots open, I will contact those who have already expressed interest in taking on a commission and request the agreed-upon amount in their quotation. For details, see Chapter [[#6. Financial]], Slot Confirmation;
7. Commission Queue; Upon confirming the client's payment, they will have a place assigned in the queue.
8. Now we're ready to begin ;) The client will be contacted.
- Privacy The client reserves the right to their information.
The information provided by clients will only be used for the purpose of completing their commission and will not be shared with third parties. ## 6. Financial Feel free to ask any questions. Throughout the process, the client will be properly guided; don't worry.
- Briefing Qualification The client is responsible for providing the necessary information to complete their commission.
After contacting me with your proposal, I will provide a qualification based on the estimated level of difficulty your project presents. If there is insufficient reference material or the project proposal is not clear enough and may require additional work to be outlined, a percentage corresponding to the additional work will be applied on the quotation.
Based on the reference material provided by the client and their project proposal, your project will flow smoothly and no changes are recommended.
1. Perfect; Everything is understandable, I know exactly what the client wants in their commission.
Example: .Attached files 1 reference sheet 1 photo of an office shirt 1 background photo 1 photo of accessories such as glasses 1 photo of a hand holding a pen
.Description The character is in his office, left paw on the desk, right paw holding his pen, which points diagonally downward, high above his chest, showing us his exotic way of holding it. He's wearing only his work shirt and name tag, with only his lamp on in the room. His desk and chest are well lit, but below him everything is in shadow.
As he finishes his work, he looks at the viewer through his nerdy glasses, with a smile at the corner of his mouth and eyes, head tilted slightly upward, muzzle above eye level.
The character is happy to see us, and his expression is something like "I'm almost done here."
Use the reference sheet as a basis for the outline style. and rendering. 2. Excellent;
Due to doubts about the project proposal, a lack or excess of reference material, extra effort will be required throughout the commission to achieve consistency and unity.
Details will be provided to the client based on their specific case.
In all cases, a commission is possible, but your quote would have an additional percentage applied to the total amount. The client can review their project presentation. 3. Good; 4. Average; 5. Satisfactory;
- Prices Prices are listed in USD and are subject to change. The currency can be converted to BRL upon request.
Prices may vary depending on the complexity of the project, the number of characters, and variations the client may desire.
- Payment Terms Once the quote is in hand, the client is offered two payment options:
1. Full Amount;
2. 2 payments of 50% of the total amount; The client makes their first payment of 50% of the full amount and, after being notified, Once your commission progress has reached 50%, you will be asked to pay the remaining 50% before we can continue.
3. 4 Payments of 25% of the total amount; The client makes their first payment of 25% of the full amount. After being notified that their commission progress has reached 25%, they will be asked to pay another 25% of the full amount before we can continue, and so on in 25% increments.
- Payment The client will receive a payment request via PayPal, bank transfer or Pix information, according to their choice.
Payment must be made under the "Goods and Services" category, unless otherwise agreed.
- Deadline The client will have up to 7 days to make their payment, counting from the day they receive the payment request.
- Placement Confirmation After payment confirmation, the client's place will be confirmed, they will be added to the commission queue, and will be called so we begin working on his project.
- Placement not confirmed The payment amount must be as follows: Depending on the conditions previously chosen by the customer, any discrepancy between the agreed amount and the amount received will result in a pending payment status, and your slot will not be assigned.
In this case, I will contact the customer to help resolve their situation and proceed with reserving their slot.
- Back to the queue If the customer has chosen to pay in installments, they will be notified shortly before the completion of a payment installment.
You can make the payment for the next installment within a deadline and continue with your project. If you fail to meet the deadline, your project will be paused.
After payment, the client will return to the commission queue.
- Withdrawal If the client fails to meet the payment deadlines, they will be considered to have withdrawn.
- Cancellation and Refund If the client's project has started and is canceled for any reason, they will receive all their files as they were worked on up to that point.
1. Commission cancellation requests will be accepted before payment is made;
2. After payment, while the client is in the commission queue, before we begin working on their project, the client can request cancellation and will receive a 100% refund of the amount paid;
3. After payment and work has begun, the client can request cancellation and will receive a 50% refund of the amount paid. If you have chosen to pay in installments, completed parts are not included in this refund calculation.
4. In the event of inappropriate, offensive, or inappropriate behavior by the client toward me, I reserve the right to cancel your commission and retain 50% of the amount paid. If you have chosen to pay in installments, completed parts are not included in this refund calculation and will be retained in full. ## 7. Copyright and License
- Provision of files related to the Project commissioned by the client I reserve the right to use, unless otherwise agreed, the files generated during a commissioned project:
1. In my local galleries, that is, on this platform; 2. In my private galleries; 3. To promote my work using them as examples; 4. Occasionally in printed format.
When publishing any file related to a Commissioned Project, I will give due credit to the client by mentioning their username, contact information, or any social media accounts they choose.
To the client: 1. You are authorized to display your commissioned project in low quality for non-commercial and non-profit purposes in your galleries, social media, and wherever you wish;
2. You are permitted to print or create a physical copy of your commissioned project as long as it is for personal use and not for commercial or profit purposes;
3. You are required to credit the artist;
4. The use of your project files in AI is not authorized;
5. The use of the files, whether as images or products, in blockchain technology, including Non-Fungible Tokens and Cryptocurrencies, is not authorized;
To the commercial client, I reserve the right to create terms of service according to the needs of your project.
- Regarding the use of my original characters by third parties I reserve the right to use works produced using my original characters, unless otherwise agreed, as a co-creator: 1. In my local galleries, that is, on this platform; 2. In my private galleries; 3. Possibly in printed format.
To third parties using my original characters: 1. You are permitted to print or create a physical copy as long as it is for personal use and not for commercial or profit purposes; 2. You must credit the artist; 3. You are not permitted to use your project files in AI; 4. You are not permitted to use the files, whether as images or products, in blockchain technology, including Non-Fungible Tokens and Cryptocurrencies;
If a third party intends to use my original characters for commercial purposes, I reserve the right to present a custom contract.
See chapter [[#8. Publication]] for more details on the terms associated with permission to use my original characters. ## 8. Publication
- Delivery Time Delivery time may be influenced by several factors, such as the client's position in the commission queue, pending payment, additional work depending on the client's review, and project complexity.
An estimated completion date will be provided to the client once work begins on their project.
- Provision of files related to the client's commissioned project Upon project completion, the client will receive the files related to their project according to the choices made during the commission interview.
- Sharing Timelapse progress recordings can be published in full or in part.
Low-resolution files containing commissioned artwork, whether still images or animations, can be published wherever the client wishes.
Project files with layers and files containing high-quality commissioned artwork are for personal use only and cannot be published.
Unless otherwise agreed, the client consents to the publication of their commissioned project in my local gallery, social media, private gallery, and possibly in print.
- About Use of my original characters by third parties Anyone who uses any of my original characters must notify me of their work and provide a link or attachment to their art.
Your art may be published however you wish, as long as it is not in a context where the work itself is part of a direct exchange for monetary gain, for example, the sale of your services as an artist where your work involves one of my original characters, the files containing the art, or products containing the art.
Publication is permitted in the case of an indirect exchange for monetary gain, for example, through donations that your fans and subscribers may make in support of your work or access fees to your private gallery that may contain art involving any of my original characters.
When publishing your art involving any of my original characters, it must be stated that the character belongs to me. You can use a link to my gallery or social media as you prefer.
If a third party intends to use my original characters for commercial purposes, I reserve the right to present a personalized contract. ## 9. Final Consideration These terms of service are subject to change and customers will be notified through my communication channels.
