Tumbly's Terms of Service
1. General Illustration Terms
All standard illustration commissions (not including Vtuber/Live2D model work) are provided for personal use only by default.
If you require commercial usage rights (e.g., for branding, merchandise, resale, or promotional use), this must be discussed and agreed upon in advance. Commercial usage rights are not granted unless explicitly stated in writing.
Unless a commercial agreement has been made, all rights to all artwork produced by me — including under the names Tumbly, TumblysArt, or Lexy — are retained entirely by me, the artist. This includes the right to redistribute, display, and use the artwork in portfolios, promotional content, and social media.
2. Vtuber Model Terms
Commercial Streaming & Online Use: You may use the commissioned model for streaming, content creation, monetized platforms (such as YouTube, Twitch), and related online business activities, including under a personal brand or a talent agency.
Advertising Use: You may use the model for promotional purposes, such as graphics, thumbnails, and advertisements for your content, brand, or services—as long as my artwork is not the focus or the primary product being sold.
However, the following uses are strictly prohibited unless explicitly agreed upon in writing:
- Use of the model’s artwork in physical or digital merchandise (e.g., prints, keychains, apparel, stickers, NFTs).
- Use of the model’s artwork or assets in video games, apps, or software.
- Any use of the artwork where it becomes the primary commercial product being sold or distributed.
All intellectual property rights for the original artwork and rigging remain with me, the artist. Redistribution or resale of the model or its parts is not permitted - Please contact me if you wish to resell your model.
3. Portfolio Use & Restrictions
I may display your commission as part of my portfolio or on social media, unless you've requested a private debut.
(A full privacy fee of 35% applies to models who wish to be kept secret, as this requires potential radio silence on my main account! )
- No tracing, reselling, or unapproved editing.
- AI training/NFT use of any kind is prohibited.
4. License Buyouts
A license buyout grants you (the client) full commercial rights to the commissioned model for use in monetized content, branding, advertising, and streaming, without requirement for further royalties or credit (optional based on your choice). However:.
You do not receive ownership of the original rigging source files (e.g., Live2d editor Files, .cmo3)
You may not redistribute, resell, or share the model files (artwork or rigging) with other individuals, agencies, or third parties, whether for free or for payment.
Usage is limited to your own activities (or your agency’s, if applicable), and copies may not be issued to others (e.g., friends, editors, staff) without prior written permission.
I (Tumbly/TumblysArt) retain the copyright to the original work and reserve the right to prevent redistribution or duplication of the files. A license buyout affects usage rights, not ownership of the original intellectual property.
5. Payment Terms
- 60% deposit required to begin.
- Remaining 40% due before rigging begins.
- Payments via PayPal, Ko-Fi, Cash App.
- All payments are non-refundable.
- All payments made are non-refundable, including the upfront deposit. Please be sure you’re ready to commit to the project before proceeding.
* Paypal TOS prohibits NSFW models and commissions from being processed through Paypal.
A 60% non-refundable deposit is required upfront before any work begins. This secures your slot and covers the initial planning and setup stages.
The remaining 40% is due upon completion of the artwork (before rigging begins, if applicable). For Vtuber model commissions, rigging will not begin until the model is fully paid off.
Why This Policy Exists:
I have previously offered more flexible terms, but due to repeated commissioner delays and financial strain caused by incomplete payments, this structure is now required for all projects.
Cancellation Terms:
If you cancel before I begin work on the model artwork itself (i.e., during concept or prep stages), you may walk away with no additional charges beyond the initial 60% deposit.
Non-Refundable Policy:
* If you are afraid you may need to cancel please speak to me before you get to that point, I can hold off on making any additional progress.
6. Abandoned Projects
I understand that life circumstances can change, and I strive to be flexible with payment timelines.
However, if a combined art + rig commission cannot be reasonably paid off within an agreed-upon timeframe, and communication breaks down or extended delays occur, I reserve the right to take the following actions in order to recuperate the value of my time and work:
These measures are taken only in cases where:
A substantial amount of work has already been completed, and The client has failed to make agreed payments or maintain communication.
Partial payments are still non-refundable, as they cover the labor already invested.
7. Right to Refuse Service
I reserve the right to refuse or discontinue service at any time if necessary. This is generally reserved for cases of persistent poor conduct, such as repeated disrespect, harassment, or failure to uphold agreed responsibilities. In the event service is terminated:
A partial or full refund may be issued, based on the amount of work completed and the nature of the cancellation. In some cases, a partial refund may be provided alongside the completed work (e.g., sketches, partial art), if appropriate.
Refunds will not be issued if the commission has already been completed at the time of refusal. Additionally:
8. Agreement & Terms Updates
By commissioning me, you agree to these terms. Terms may be updated at any time to reflect changes in workflow or policy.