DAVHER Studio.

Terms of Service

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

Privacy Policy

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.