This Terms of Service Agreement ("Agreement") is entered between the Client and Shishimura for the commission of a service ("Work"). By commissioning a service from Shishimura, the Client agrees to the following terms.

  1. ENGAGEMENT
    1. Client provides clear and complete requirements and expectations upfront, such as assets and reference materials before Work begins.
    2. Client grants Shishimura non-exclusive rights to use and replicate any assets and reference materials provided for the use of the Work.
    3. Client warrants that all provided assets and reference materials are legally obtained and authorized for use by the Client.
    4. Shishimura strives that they will perform to the best of their ability in good faith.
    5. Shishimura reserves the right to refuse projects or requests for any reason.
    6. Shishimura warrants that they will not use unauthorized assets or materials.
    7. Shishimura defines the scope of work, features, price, deliverables, and other details for the project that has been outlined in a format according to Shishimura’s discretion which may include private messages through Discord or Twitter, VGen platform, Shishimura’s official website, or email. The details set forth by Shishimura shall be agreed upon by the Client before Work begins.
  2. TIMELINE AND PROCESS
    1. The timeline depends on commission type, complexity, and workload.
    2. Shishimura provides progress updates and seeks Client feedback voluntarily.
    3. Final deliverables are provided by Shishimura using the VGen platform, Google Drive, or similar file transfer tools.
    4. If there are any delays and adjustments to the timeline, Shishimura will inform the Client.
    5. The client must first agree to delays and amendments exceeding 1 month to the timeline through standard communication channels.
    6. Shishimura guarantees delivery date 1 month counted from the payment date.
  3. REVISIONS
    1. Excessive revisions may incur additional charges.
    2. Revisions may affect progress and timeline.
  4. COMMUNICATION
    1. Ongoing communication and discussion will occur throughout the project, including work in progress, idea generation and collaboration, situational updates, and more.
    2. Communication channels may include Discord or Twitter private messages, or email according to discretion from Shishimura.
    3. Shishimura's response time may vary, up to one week in order to provide better or more concrete updates.
  5. RIGHTS AND USAGE
    1. Shishimura’s Rights
      1. Shishimura retains exclusive rights, which include but not limited to advertising, synchronization, of the Work, and work in progress on websites, social media, portfolios, public broadcast channels (i.e. YouTube, Twitch) for promotional purposes.
    2. Client Rights
      1. The client receives copyright, ownership, redistribution, and intellectual property rights to the Work for commercial use.
      2. Commercial use means any usage that directly monetizes the Work such as selling or reselling Work to another party, locking the Work with monetized access feature, as part of any monetized product, and more.
  6. PAYMENTS AND FEES
    1. The client pays in full upfront.
    2. Invoices, proposals, or payment links will be sent to the Client when Shishimura is ready to begin work. The client must not send money before these requests for payment from Shishimura.
    3. Prices are in USD and paid via PayPal, Stripe, VGen, Wise or methods as provided by Shishimura.
    4. Prices may become outdated, vary or change depending on complexity, requirements, and/or additional requests.
    5. 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.
    6. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed.
  7. CANCELLATION AND REFUNDS
    1. If the Client requests a cancellation, a full refund may be provided if canceled within 7 days after the invoice is paid.
    2. No refunds are possible after Work begins unless initiated by Shishimura.
    3. The client has the right to request refunds if Work has not been delivered past its guaranteed delivery date and there was no agreed-upon amendment to the timeline.
  8. CONFIDENTIALITY
    1. Shishimura and Client acknowledge 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) outside of the development of Work, 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.
  9. INDEMNIFICATION
    1. Client indemnifies Shishimura against claims, losses, damages, and expenses related to Work usage by the Client, breach by the Client of the Agreement, or third-party claims.
    2. If the Client's rights are violated or the Work is not delivered as agreed, Shishimura will work to remedy the situation first.
  10. ACCEPTANCE
    1. The client is of legal age and legally able to commit to an agreement or has a legal guardian to make this agreement on their behalf.
    2. The agreement date is upon the first inquiry/communication or first transaction.

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