Terms
This Terms of Service Agreement ("Agreement") is
entered into between DAVHER (Artist) and the Client for the commission of an
artwork ("Work"). By commissioning DAVHER (Artist), the Client
agrees to the following terms:
1. ENGAGEMENT
a.
Client provides clear and complete requirements and expectations upfront,
including reference materials or assets before Work begins.
b.
Client grants to the Artist non-exclusive rights to observe and replicate
Client’s own character design and reference material for the use of
the Work.
c. Client warrants that the character design and
reference material provided to the Artist are legally obtained and
authorized for use by the Client.
d. 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.
e. 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.
f. Artist may use commercially licensed, copyright-free and/or educational
materials, assets and/or tools.
g. Artist warrants that they
will not copy or heavily reference unauthorized materials.
h.
Artist reserves the right to refuse projects or requests based on content,
subject, or other reasons without explanation.
i. Artist
defines scope of work, features, price, deliverables and other details for
the project in a proposal in a format according to Artist discretion which
may include private message through Discord or Twitter, VGen platform,
Google document, or email. The details set forth by the Artist shall be
agreed upon by the Client before work begins. (Signed Commission Agreement
Contract)
2. CONTENT RESTRICTIONS
a. Artist will not create content that is explicit, offensive, or
inappropriate.
b. Specific restrictions include but are not
limited to explicit adult content, underage characters, fetish art, copied
styles, and gender identities or cultures the Artist may not be able to
portray authentically.
3. TIMELINE AND PROCESS
a. Work completion requires 2 weeks minimum, and may take up to 3 months
depending on each project.
b. Timeline depends on commission
type, complexity, and workload.
c. Client should plan launches
and streams accordingly.
d. Artist provides progress updates
and seeks Client feedback voluntarily.
e. Final deliverables are
provided by the Artist using
the
VGen platform, Google Drive or similar file transfer
tools.
f. If there are any delays
and adjustments to timeline, the Artist will inform the Client.
g. Clients must first agree to delays and amendments to timeline exceeding 3
months through standard communication channels.
h. Clients have
the right to request refunds 2 months after deadlines if Work has not been
delivered and there was no agreed upon amendment to the timeline.
4. REVISIONS
a. One
major revision allowed per item shown to the Client during the process.
b. After line art, only minor revisions are allowed.
c.
Additional charges for excessive revisions may be required.
d.
Revisions may affect progress and timeline.
5. COMMUNICATION
a. Ongoing communication and discussion will
occur throughout the project, including work in progress, idea generation
and collaboration, situational updates, and more.
b.
Communication channels may include private messages from initial contact
message platform, Email from studio@davherstudio.com, DAVHER art discord or
others according to Artist discretion.
c. Artist response time
may vary, up to 48 hours in order to provide better or more concrete
updates.
6. RIGHTS
& USAGE
a. Artist Rights
i. The Artist 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.
b. Client Rights
i.
Clients receive exclusive, non-transferable usage rights to the Work for
personal use. Refer to Section 6.c. for commercial rights.
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, excluding use in content of these websites or
channels.
iii. Client must not claim Work as their own and must credit
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.
iv. Client must not edit or modify Work in any way
without prior permission from the Artist. (Never remove artists Mark/
Signature.)
c. Commercial Rights
i. Commercial usage rights are not included unless specified in the
commission type or listing on the Artist’s websites (i.e. vtuber
models, stream overlays, emotes, and so forth) or as agreed upon.
ii.
Commercial rights means usage of Work on streams or any monetized instances,
or selling or reselling Work to another party, as a part of any product, or
on another platform.
iii. 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.
iv. Additional
charges will be required for commercial usage if not included, typically 4x
of the original cost.
7.
PAYMENTS & FEES
a. Client pays up to $100 value, or pays a
50% downpayment for higher value projects. In the case of projects above
$100, the final 50% is due at first complete preview of the final
deliverables.
b. Invoices, proposal or payment link will be
sent to the Client when Artist is ready to begin work. Clients must not send
money before these requests for payment from the Artist.
c.
Invoices must be paid within 48 hours, or the project may be cancelled.
d. Prices are in USD, and paid via VGen, Stripe, PayPal, or methods as
provided by the Artist.
e. Prices may vary or change depending
on complexity, requirements and/or additional requests.
f. 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.
g. Client warrants they will not issue chargebacks and
the refund policy mentioned below will be followed.
8. CANCELLATION & REFUNDS
a. If Client requests cancellation, 20% of project fees may be forfeit if
cancelled within 2 days before work starts. A partial to full refund may be
provided if there is more than 2 days’ notice.
b. No
refunds are possible after work begins unless initiated by the Artist.
c. If 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 only.
9. CONFIDENTIALITY
a. The Artist 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), or are incorporated
into the deliverables, 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
a. Client
indemnifies Artist against claims, losses, damages, and expenses related to
Work usage by the Client, breach by the Client of the Agreement, or
third-party claims.
b. If Client's rights are violated or
the Work is not delivered as agreed, Artist will work to remedy the
situation first.
11. 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.
Note: Businesses,
agencies, groups and other organizations should contact the Artist to
discuss arrangements in more detail.
studio@davherstudio.com
Last Edited: June 1, 2025
By browsing this site or commissioning work, you agree to fair-use
viewing of artworks, no unauthorized reproduction, and respect for
the artist’s intellectual property.
For questions, contact
studio@davherstudio.com.
Privacy
PRIVACY POLICY - DAVHER Studio. Effective Date: August 29,
2025.
1. INTRODUCTION
This Privacy Policy describes
how DAVHER Studio. ("we," "us," or "our")
collects, uses, and discloses your personal information when you use our
website and blog (the "Service").
We are committed to
protecting your personal information and your right to privacy. When you
visit our website and blog and use our products, you trust us with your
personal information. We take your privacy very seriously. In this Privacy
Policy, we seek to explain to you in the clearest way possible what
information we collect, how we use it, and what rights you have in relation
to it.
This Privacy Policy applies to all information collected
through our website and blog, as well as any related services, sales,
marketing, or events.
Please read this Privacy Policy carefully
as it will help you understand what we do with the information we collect.
2. DEFINITIONS
To help explain things as clearly as possible in
this Privacy Policy, every time any of these terms are referenced, they are
strictly defined as:
- Cookie: a small file placed on your
device to enable certain features and functionality.
- Company: when
this policy mentions "Company," "we," "us," or
"our," it refers to DAVHER Studio..
- Country: where DAVHER
Studio. or the owners/founders of DAVHER Studio. are based, in this case
United States.
- Customer: refers to the company, organization, or
person that signs up to use the DAVHER Studio. Service.
- Device: any
internet-connected device such as a phone, tablet, computer, or any other
device that can be used to visit DAVHER Studio. and use the services.
- Personal Data: any information that directly, indirectly, or in connection
with other information allows for the identification of a natural person.
- Service: refers to the website and blog provided by DAVHER Studio. as
described in the relative terms and on this platform.
- Third-party
service: refers to advertisers, contest sponsors, promotional and marketing
partners, and others who provide our content or whose products or services
we think may interest you.
- Website: DAVHER Studio.'s site, which
can be accessed via https://www.davherstudio.com.
- You: a person or
entity that is registered with DAVHER Studio. to use the Services.
3. INFORMATION WE COLLECT
We collect several different types of
information for various purposes to provide and improve our Service to you.
3.1 Personal Data
While using our Service, we may ask you to
provide us with certain personally identifiable information that can be used
to contact or identify you. Personally identifiable information may include,
but is not limited to:
- Email address
- First name and
last name
- Phone number
- Address, State, Province, ZIP/Postal
code, City
- Cookies and Usage Data
3.2 Financial Data
Financial information such as payment method details (including credit card
numbers, banking information) is collected and stored by our payment
processors, and we may receive certain information from these payment
processors to facilitate payments. All payment data is stored by our payment
processor (such as PayPal, Stripe, etc.), and you should review their
privacy policies to understand their privacy practices.
3.4
Location Data
We may use and store information about your
location if you give us permission to do so ("Location Data"). We
use this data to provide features of our Service, to improve and customize
our Service.
You can enable or disable location services when
you use our Service at any time, through your device settings.
4. HOW WE USE YOUR INFORMATION
DAVHER Studio. uses the collected
data for various purposes:
- To provide and maintain our Service
- To notify you about changes to our Service
- To allow you to
participate in interactive features of our Service when you choose to do so
- To provide customer support
- To gather analysis or valuable
information so that we can improve our Service
- To monitor the usage
of our Service
- To detect, prevent and address technical issues
- To fulfill any other purpose for which you provide it
- To provide
you with news, special offers and general information about other goods,
services and events which we offer that are similar to those that you have
already purchased or enquired about unless you have opted not to receive
such information
- In any other way we may describe when you provide
the information
- For any other purpose with your consent
6. RETENTION OF YOUR PERSONAL DATA
DAVHER Studio. will retain
your Personal Data only for as long as is necessary for the purposes set out
in this Privacy Policy. We will retain and use your Personal Data to the
extent necessary to comply with our legal obligations (for example, if we
are required to retain your data to comply with applicable laws), resolve
disputes, and enforce our legal agreements and policies.
DAVHER
Studio. will also retain Usage Data for internal analysis purposes. Usage
Data is generally retained for a shorter period of time, except when this
data is used to strengthen the security or to improve the functionality of
our Service, or we are legally obligated to retain this data for longer time
periods.
6.1 Data Retention for Physical Goods
For
orders involving physical goods, we retain your shipping and billing
information, including your name, address, and contact details, as necessary
to fulfill your order, process returns, manage warranty claims, and comply
with tax, legal, and regulatory obligations. This information may be
retained for a longer period than other personal data to ensure proper
delivery of goods and to handle any post-purchase issues that may arise.
7. TRANSFER OF YOUR PERSONAL DATA
Your information, including
Personal Data, may be transferred to — and maintained on —
computers located outside of your state, province, country or other
governmental jurisdiction where the data protection laws may differ from
those of your jurisdiction.
If you are located outside United
States and choose to provide information to us, please note that we transfer
the data, including Personal Data, to United States and process it there.
Your consent to this Privacy Policy followed by your submission of such
information represents your agreement to that transfer.
DAVHER
Studio. will take all steps reasonably necessary to ensure that your data is
treated securely and in accordance with this Privacy Policy and no transfer
of your Personal Data will take place to an organization or a country unless
there are adequate controls in place including the security of your data and
other personal information.
8. DISCLOSURE OF YOUR PERSONAL DATA
Business Transactions:
If DAVHER Studio. is involved in a
merger, acquisition or asset sale, your Personal Data may be transferred. We
will provide notice before your Personal Data is transferred and becomes
subject to a different Privacy Policy.
Disclosure for Law
Enforcement:
Under certain circumstances, DAVHER Studio. may be
required to disclose your Personal Data if required to do so by law or in
response to valid requests by public authorities (e.g. a court or a
government agency).
Legal Requirements:
DAVHER
Studio. may disclose your Personal Data in the good faith belief that such
action is necessary to:
- Comply with a legal obligation
-
Protect and defend the rights or property of DAVHER Studio.
- Prevent
or investigate possible wrongdoing in connection with the Service
-
Protect the personal safety of users of the Service or the public
-
Protect against legal liability
9. THIRD-PARTY DISCLOSURE
9.1 Analytics
We may use third-party Service Providers to
monitor and analyze the use of our Service.
- Google Analytics:
Google Analytics is a web analytics service offered by Google that tracks
and reports website traffic. Google uses the data collected to track and
monitor the use of our Service. This data is shared with other Google
services. Google may use the collected data to contextualize and personalize
the ads of its own advertising network. You can opt-out of having made your
activity on the Service available to Google Analytics by installing the
Google Analytics opt-out browser add-on. The add-on prevents the Google
Analytics JavaScript from sharing information with Google Analytics about
visits activity. For more information on the privacy practices of Google,
please visit the Google Privacy & Terms web page:
https://policies.google.com/privacy (https://policies.google.com/privacy)
9.3 Payments
We may provide paid products and/or services within
the Service. In that case, we use third-party services for payment
processing (e.g. payment processors).
We will not store or
collect your payment card details. That information is provided directly to
our third-party payment processors whose use of your personal information is
governed by their Privacy Policy. These payment processors adhere to the
standards set by PCI-DSS as managed by the PCI Security Standards Council,
which is a joint effort of brands like Visa, Mastercard, American Express
and Discover. PCI-DSS requirements help ensure the secure handling of
payment information.
The payment processors we work with are:
- PayPal or Braintree: Their Privacy Policy can be viewed at
https://www.paypal.com/webapps/mpp/ua/privacy-full
(https://www.paypal.com/webapps/mpp/ua/privacy-full)
- Stripe: Their
Privacy Policy can be viewed at https://stripe.com/us/privacy
(https://stripe.com/us/privacy)
10. SECURITY OF YOUR PERSONAL
DATA
The security of your Personal Data is important to us, but
remember that no method of transmission over the Internet, or method of
electronic storage is 100% secure. While we strive to use commercially
acceptable means to protect your Personal Data, we cannot guarantee its
absolute security.
11. CHILDREN'S PRIVACY
Our
Service does not address anyone under the age of 13. We do not knowingly
collect personally identifiable information from anyone under the age of 13.
If you are a parent or guardian and you are aware that your child has
provided us with Personal Data, please contact us. If we become aware that
we have collected Personal Data from anyone under the age of 13 without
verification of parental consent, we take steps to remove that information
from our servers.
If we need to rely on consent as a legal basis
for processing your information and your country requires consent from a
parent, we may require your parent's consent before we collect and use
that information.
12. YOUR DATA PROTECTION RIGHTS
Depending on your location and applicable laws, you may have certain rights
regarding your personal information, including rights to access, correct,
delete, or restrict use of your information. We honor these rights
regardless of your location and are committed to providing reasonable access
to the information that you have shared with us.
12.1 General
Data Access & Deletion Rights
Regardless of your location,
you can make the following requests regarding your personal data:
- Access Your Data: You can request a copy of the personal information we
have about you. We will provide this information in a structured, commonly
used, and machine-readable format.
- Delete Your Data: You can
request that we delete your personal information from our systems. We will
comply with this request unless there is a legal requirement for us to keep
certain information.
To submit a data access or deletion
request, please contact us using the contact information provided at the end
of this Privacy Policy. We will respond to your request within 30 days. We
may need to verify your identity before processing your request.
12.3 CCPA Privacy Rights (California Residents)
If you are a
California resident, you are entitled to learn what data we collect about
you, ask to delete your data and not to sell (share) it. To exercise your
data protection rights, you can make certain requests and ask us:
- What personal information we have about you. If you make this request, we
will return to you:
- The categories of personal information we have
collected about you
- The categories of sources from which we collect
your personal information
- The business or commercial purpose for
collecting or selling your personal information
- The categories of
third parties with whom we share personal information
- The specific
pieces of personal information we have collected about you
- A list of
categories of personal information that we have sold, along with the
category of any other company we sold it to
- A list of categories of
personal information that we have disclosed for a business purpose, along
with the category of any other company we shared it with
- To
delete your personal information. If you make this request, we will delete
the personal information we hold about you as of the date of your request
from our records and direct any service providers to do the same. In some
cases, deletion may be accomplished through de-identification of the
information. If you choose to delete your personal information, you may not
be able to use certain functions that require your personal information to
operate.
- To stop selling your personal information. We
don't sell or rent your personal information to any third parties for
any purpose. We do not sell your personal information for monetary
consideration. However, under some state laws, sharing your data through
certain targeted advertisements may be considered a "sale" of
information. You are the only owner of your Personal Data and can request
disclosure or deletion at any time.
We will respond to verified
requests within 45 days as required by the CCPA. If we need more time, we
will inform you of the reason and extension period in writing.
Please note, if you ask us to delete or stop selling your data, it may
impact your experience with us, and you may not be able to participate in
certain programs or membership services which require the usage of your
personal information to function. But in no circumstances, we will
discriminate against you for exercising your rights.
To exercise
your California data protection rights described above, please send your
request(s) by email: studio@davherstudio.com.
Your data
protection rights, described above, are covered by the CCPA, short for the
California Consumer Privacy Act. To find out more, visit the official
California Legislative Information website. The CCPA took effect on
01/01/2020.
13. SERVICE PROVIDERS
We may employ
third-party companies and individuals to facilitate our Service
("Service Providers"), to provide the Service on our behalf, to
perform Service-related services or to assist us in analyzing how our
Service is used.
These third parties have access to your
Personal Data only to perform these tasks on our behalf and are obligated
not to disclose or use it for any other purpose.
14. LINKS TO
OTHER SITES
Our Service may contain links to other sites that
are not operated by us. If you click on a third party link, you will be
directed to that third party's site. We strongly advise you to review
the Privacy Policy of every site you visit.
We have no control
over and assume no responsibility for the content, privacy policies or
practices of any third party sites or services.
15. CHANGES TO
THIS PRIVACY POLICY
We may update our Privacy Policy from time
to time. We will notify you of any changes by posting the new Privacy Policy
on this page.
We will let you know via email and/or a prominent
notice on our Service, prior to the change becoming effective and update the
"effective date" at the top of this Privacy Policy.
You are advised to review this Privacy Policy periodically for any changes.
Changes to this Privacy Policy are effective when they are posted on this
page.
16. CONTACT US
If you have any questions about
this Privacy Policy, please contact us:
- By email:
studio@davherstudio.com.
Last Edited: August 29, 2025
