Xabane's Terms of Service

UPDATED: 2025
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1. Introduction

Hello, I am Xabane and this is my TOS that you need to read to be able to work with me. Understand that by commissioning me, you accept my Terms.
Everything here will be exactly what you need to know and learn about how I work, the process and what you need to do. Everything here will answer most questions you may have.
Thank you for taking the time to read my TOS.

FORMS OF CLIENT USE

It is possible to increase the license but you cannot lower it. (ie. starting a commission you intended for Creator Use, but you changed your mind and want it for Personal Use)Long Term/Bigger projects will need to be discussed.BUSINESS+COMPANY CLIENTS
Prices for commercial use of any type are custom set depending on project, nature of clients planned use of the art, and are negotiable.

-------------------------------------------------->PERSONAL USE<-------------------------------------------------------Paying the Base Price: Non-Commercial use, it is Personal Use; when the artwork does NOT earn you money.
You are required to credit me on any platform, anywhere, anytime you repost my artwork.Examples of Personal Use:

  • PFP

  • Adoptables

  • BANNERS (that doesn't represent a brand or business; a cute banner of your OC(s), etc.)

  • gift art [that isn't intended to be used for commercial]

  • fanart + oc fanart

  • printing my art to hang in your room

-------------------------------------------------->COMMERCIAL LICENSES<---------------------------------------------------

Paying the Base Price AND Commercial License: represents you or your brand, earns you money.
You are required to credit me on any platform, anywhere, anytime you repost my artwork unless otherwise stated.
SEE COMMERCIAL LICENSE FEES UNDER #3. PAYMENTS, FEES, REFUNDS + CANCELLATIONS.

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COMMERCIAL TYPE: CREATOR USE (LIMITED COMMERCIAL USE)This allows the client to use the licensed asset without directly making a profit from it.
Using my art on streaming/monetization platforms, social media platforms tied to your business, in videos, or other promotional materials - the art does not earn you money but is used to represent your business or brand.
If you want to use the art in a game or another visual storytelling form that does not earn you money (free to play). You don't have to use my watermark, but you are required to credit me as the artist in the video's/stream's/product's description.Examples of Creator Use:

  • channel+SOCIAL banners + Thumbnails (youtube/Twitch; banners that represent your channel, brand or business)

  • Art used in videos or promotional materials

  • stream/website overlays

  • stream schedule advertisement (or similar)

  • Vtuber, PNGtuber assets

  • merchandise for promotional use (ie. freebies for subscribers)

  • free to play games or other media

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COMMERCIAL TYPE: COMMERCIAL USE OR EXTENDED COMMERCIAL USEWhen the licensed asset (art/design) brings you any kind of profit.
Selling merchandise using my artwork. You are not required to use my watermark on the artwork and do not have to credit me on the product but it is appreciated.
The End Products will be different/vary for each client depending on the License chosen (Commercial or Extended). Please request Extended Commercial Use if you want to increase the End Products you are allowed to sell.
However, I do not allow reselling for the licensed asset.Examples of Commercial Use:

  • (Limited) Physical + Digital Merchandise (keychains, shirts, stickers, etc.)

  • Creator Use Permissions

Examples of Extended Commercial Use:

  • Physical + Digital Merchandise (keychains, shirts, stickers, etc.)

  • CD/music video Cover Art/Illustration

  • Book Cover Art/Illustration

  • Game/other media (cover illustration, etc.)

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COMMERCIAL TYPE: FULL OWNERSHIPWhen you request to purchase my IP/License of said artwork.
You are not required to use my watermark on the artwork and do not have to credit me on the product but it is appreciated.

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ART OWNERSHIPI still retain ownership of my artwork under the following licenses:
- Creator Use
- Commercial Use + Extended Commercial UseCommercial Licenses are Licenses you are paying for to have permission to use said artwork for said commercial rights (depending on License). This should go without saying, but yes, if you were to pay for a Commercial License, you can use the artwork for Creator Use.
This is why I cannot lower the license for a commission if it was originally intended for a specific License. I'd be forced to cancel the commission.
Client cannot claim ownership of licensed asset (artwork).

✔️Here is what I am capable and willing to draw:

  • Original Characters

  • Any gender (By this I mean anatomy, so if you have a character who is Non-Binary then let me know body type, etc.)

  • Hybrids (Such as some humanoids, human crosses, etc. Just DM me for any Q's)

  • Furries

  • Character Sheets (this includes facial expressions)

  • Fanart

  • Wings, horns, tails, animal ears, paws

  • Weapons

  • Vehicles

  • Some Mechanical - will have to be custom and needs to be discussed.

  • Monster Fanart (from any video game such as Pokemon, Digimon, TemTem, Nexomon, Ultimate Siralim, Ooblets, Monster Sanctuary, Monster Crown, etc. Depending on complexity note that prices may rise.)

  • Accents (When I say accents, I mean things to fill empty spaces! Flowers, bows, clouds, basically cute or cool things)

  • Accessories (necklaces, the fine details in clothing and jewelry, etc.)

  • General Items (backpacks, food, etc.)

  • Backgrounds

  • Channel Banners

  • Twitch Panels

❌Here is what I am not willing or able to draw:
(Listing that says "Yet" is a hard WIP)

  • NSFW (Ever? IDK)

  • Furry NSFW (Ever? IDK)

  • NSFW Character Sheets (Ever? IDK)

  • Hard Mecha (Ever? IDK but I can do basic mechanical details. Nothing crazy.)

  • Body Horror

  • Gore

  • Violence

  • Realism

  • Stream Overlays (Yet)

  • Emotes (Yet)

  • GIFs

  • Animation

If you have any questions, please contact me via Twitter or Ko-fi!

2. Commission Process

Let me walk you through what I do to make your commission request come true!
To make your commission I need:

  • Payment.

  • Subject of the Commission

  • Short summary of subject.

  • References are a must-have. This includes references of the subject, poses, expressions, anything that will help me draw it. Even drawing a doodle of what you'd like is enough, I don't care if it's a childs doodle. ANYTHING HELPS.

  • Property specifics such as Canvas size (pixels), resolution, etc. if needed.

  • I work on commissions Saturday--Tuesday.

After I receive and approve your request and all your references are together, I go through these steps I call Phases:

  1. Sketching Phase: I sketch EVERYTHING you want in the commission. This literally includes every small or big detail you requested for the commission. The sketch will be clean enough to make out what you'd like drawn. This is the only phase where you can request a refund and bigger revisions (Refer to 3. PAYMENTS, REFUNDS & CANCELLATIONS). I only continue to the next phase once I receive your approval. NOTE: YOU CANNOT REQUEST A REFUND FOR A SKETCH COMMISSION.

  2. LineArt Phase: I start the lineart and refine all the details. I only proceed to the next phase once I receive approval. 3 max Small revisions are allowed (this includes Lineart Commissions).

  3. Coloring Phase: I work on finishing the commission. I do base, shading and lighting in this phase to ultimately complete the commission. This provides the client with a PNG with 200-300 DPI. Commissions come with my digital signature and my watermark. Client is given two PNGs, one with and one without my watermark. Digital signature remains. Coloring revisions allowed.

I keep constant communication and provide updates whenever I need and you are welcome to ask for an update. Please allow me enough time to fully work on your commission. I want to provide the best I can for the client but I ask for patience. Expected ETA is anywhere from a week to a month depending on the scale of the commission (this includes ETA for all commission types). If you need a commission by a certain time, I ask that you notify me and make a commission request at least a month beforehand. This is to help cushion time if anything were to happen that would prevent me from having your commission completed by the due date. Understand that I won't accept last minute commissions.When I show/share updates, it will be heavily covered with my watermark. I encourage clients to use my watermark if the request is fanart. However, if the request is of the clients personal design (OC's, etc.), that choice is up to the client.
NOTE: If you fear theft of your design, I also offer applying your watermark or Signature over the commission alongside mine (which would be smaller).
NOTE: Revisions are unlimited during the Sketching Phase(1). Simple Revisions (3 max) are allowed in Phase 2. Revisions are not allowed in Phase 3.This concludes the commission process.

3. Payments, Fees, Refunds + Cancellations

  • Payment is 100% upfront via Ko-fi or Paypal Only ($USD).

  • I don't do accomodations, "friend" discounts, etc. My prices are set and I stand firm by them.

  • Creator Use License: 100%

  • Commercial Use License: 500%

  • Extended Commercial Use License: 750%

  • Full Ownership License: 1000%~

  • Private Commission Fee: 20%. (This doesn't apply if you do not want said commission to be revealed until a certain date; ie. VTuber model art, etc.).

  • Priority Commission Fee: 10-100% (Negotiable; depends on my current workload and time I'm given as well as the weight of the commission)

  • I only allow full refunds during the Sketching Phase (refer to 2. MY COMMISSION PROCESS). This does NOT include Sketch Commissions. Please cancel before I start your commission or during this Phase.

  • Sketch Commissions do not have refund options.

  • If in the event in which you may decide to cancel passed the Sketching Phase, you do not receive a refund. You are free to cancel the commission request whenever you like but no refund will be given passed the Sketching Phase. Please reread this and understand it.

  • You can not ask for a refund anytime after the Sketching Phase. If you do, I will redirect you to my TOS.

  • You cannot ask for a refund for a sketch commission. If you try to request that you want revisions made for a sketch, there may be a small fee.

  • In the event where I must cancel a commission for any reason, I provide a full refund as it is of no fault of the client UNLESS the commission was mean't to be used under a specific commercial license.

  • In the event where I must cancel a commission that was mean't for a commercial license that you want to lower or cancel for Personal Use, I will keep the payment IF I had worked passed Phase 1. If I'm still in the sketching phase, the client will receive a full refund.

  • In the event that I must correct a coloring mistake for a finalized commission, I correct the mistake free of charge. To avoid this event, please communicate clearly before I finalize your commission.

4. Copyrights

  • I am the rightful copyright owner of my artwork and should be credited as such.

  • I DO NOT permit or consent ANY (personal or commercial) of my work to be used or sold for NFT/AI purposes/use.

  • I DO NOT permit my personal artwork to be edited or used for commercial use or purposes.

  • I DO NOT permit my personal artwork to be reposted without my consent.

  • If you are looking to commission for commercial use, you must choose and pay the fee for your desired commercial type.

In the event that you receive art from a raffle/event from me, my TOS still applies

5. My Rights + My Responsibilites

  • I am readily available for commissions and respond within 2 hours Saturday-Tuesday unless I message otherwise that I must discuss at a later time.

  • I have the right to refuse any commission for any reason without explanation.

  • I have the right to cancel any commission for any reason without explanation.

  • Upon hearing if a client or person uses my art, gift, commission or otherwise, as/for NFT/AI, they immediately lose their rights and will be hit with a DMCA. This includes paid commercial artwork.

  • I reserve the right to refuse service if the client is rude, difficult, non-communicative, demanding, pestering, etc. I will refund the client upon receiving this kind of behavior.

  • Upon receiving commission requests, I assume the client has read and accepted my Terms of Service.

  • I (may) stream the commission process ONLY if I receive permission from the client.

  • Commissions are sent and finalized via E-Mail. Clients receive two PNGs, both with my digital signature, one with and one without my Watermark.

  • In the event of there being Coloring Phase mistakes, I will correct the mistake free of charge.

I´m allowed to use the artwork to: