COMMERCIAL/PERSONAL USE

LAST UPDATE: [May 6, 2025]All of my designs/art are intended for personal use. Please let me know if you’d like to obtain commercial use (2x the base price).Clarifications:
- If an adopt has a base price of $20, the commercial use fee is an additional $20 (equal to the base price), bringing the total to $40 for commercial rights.
- If you've already purchased a design or artwork from me and want to upgrade to commercial use later, you can simply pay the original base price again as the commercial fee.Personal Use (Included in base price) you're free to:- Share the design/art online with credit to me
- Use it as a profile picture, banner, or icon
- Create non-commercial personal goods (e.g., stickers, keychains for yourself or friends)
- Draw or commission new art of the character
- Use in non-monetized stories, RPs, worldbuilding, etc.Commercial/Monetary Use (+100% // 2x base price) this includes but is not limited to:- Selling merchandise (e.g., prints, pins, charms, apparel)
- Using the character for a VTuber model, streaming identity, or branding
- Featuring in a comic, animation, game, or web series (monetized or planned for monetization)
- Using in a published book, zine, or story
- Offering the character as part of a -:Kickstarter or crowdfunding campaign
- Renting, sublicensing, or distributing the character commerciallyIf you're unsure whether your intended use counts as commercial, feel free to DM!

ADOPT TOS

ADOPT TERMS OF SERVICE
LAST UPDATE: [June 10, 2025]By owning a design created by me, @kismeru ("Seller"), you (“Customer") affirm to have read and agree to be bound by the following Terms of Use/Service listed below.
Failure to abide may result in a blacklist/block.Please note that my TOS may be subject to change without prior notice.These terms only apply upon the Owner's new ownership of a design.Any changes to this TOS made after an Owner has claimed ownership to a design will not apply to said design.1. General Terms- Credit me as the artist when using the design’s original picture. This doesn't need to be every time you share the picture, but at least upon initial use.- Once purchased, you have the freedom to use the character for personal projects, including art, stories, and role-plays. You can also assign whatever you want to them (gender, age, sexuality, etc.)- Do not use my designs to promote hate speech, bigotry, or any form of discrimination.2. Payment
- usd payments are accepted through cashapp (-18/teen), ko-fi, and PayPal!- Payment plans require a down payment, the amount of which varies depending on the price.- Payment plans only for payments over $60usd- Payment should be completed within 48 hours of claiming the adoptable unless a prior agreement has been made (holds). If not, then the design will be put back up for offers.- I can do holds up to a few days or based on circumstances unless stated otherwise!- I do not offer refunds once the transaction is complete. (including money from payment plans)3. Design Alterations
- Minor and significant design changes are permitted (e.g., adjusting colors or features)- ^^ Although you are able to alter their design freely, you are not permitted to change/add elements for the purpose of promoting hate, bigotry, or anything of the like.- ^^^ Edits to the design’s original art is fine, but please do not draw over/alter any of my artwork/illustrations that may come with the design. (crops/filters/color overlay edits are fine!)- No matter how major the edit, please keep the design’s original art within its gallery! When crediting for redesigns using the original art, please credit my url.4. Reselling, Trading, and Gifting
- You may resell the character for the original purchase price or less if bought. If additional art has been added (commissions only !! and not traded, personal, or free/gifted art) you may increase the price accordingly.- Trading and gifting the character is allowed.- Once a character is traded, they cannot be resold by the new owner, but they can still consider and maintain their prior monetary value when trading.- ^ The traded character can only be resold for the amount of commissioned art added on by the new owner.- ^^ in simple terms, do not resell a traded character. You can only resell the traded character for the worth of commissions you bought while owning them.- Trading the character with another character with a higher/lower monetary value does not alter its monetary value to that amount.- Do not purchase my designs with the sole intent of immediate resale for profit.- Do not resell or trade my designs off-site.
5. Authorizing/Hiding/Deleting Designs
- Please do not hide or delete any of my designs. If you’re leaving toyhouse, please transfer the design to my alt @qisma instead of deleting them for storage. Proof of ownership is required if you’d like them back!- If hiding a design, please authorize me or provide me with an access key.6. Miscellaneous
- Co-owning a character is allowed, but I am not responsible for any disputes that may arise between co-owners.- ^ If so, please do not create separate profiles for them.- You are allowed to make sibling/family/similar themed designs for things like roleplay and lore, but you are not permitted to sell/trade such designs.- You are permitted to turn a design into a closed/open species, but please ask me first if possible!- You are not permitted to create a closed/open species based off of my designs.- Please do not one-to-one color pick, outright copy, or take heavy inspiration from my designs.- You’re free to draw inspiration from my design’s themes, certain traits, or colors, but please ensure that the similarities aren’t overly bearing6. Violated Terms
- You’ll get three warnings before being blocked and added to my blacklist.- ^ Please do not sell/trade any of my designs to people listed on the blacklist.- I won’t revoke ownership of a design from those blacklisted, unless I’ve been scammed by them via things like unwarranted chargeback.If you have any questions or need clarifications, feel free to contact me on discord (whimsycrumb) or toyhouse (kismeru).

COMMISSION terms of service

CONDENSED TOS
NOTICE: This is the CONDENSED version of the TOS.Detailed info may be missing. The sole purpose of this condensed version is for the Customer to have an easy overview of the main points. Please refer to the full TOS below for more detailed terms, which WILL apply to your orders.

COMMISSION TERMS OF SERVICE
LAST UPDATE: [February 19, 2025]This applies to the artist further called Seller and person further called Customer purchasing from Seller a work of art further called Product. By ordering Product from the Seller the Customer agrees to the following terms and conditions:PAYMENTS
1. Customer agrees to pay the due amount upfront for any orders of value lower or equal to $302. On orders above $50 customer agrees to pay half the total upfront. The other half has to be paid on approval of the initial sketch.3. Any other payment schedule has to be mutually agreed before work on the Product commences.4. Customer accepts that work on the Product will not commence until payment has been received by Seller according to the above schedule.PRODUCT DELIVERY5. Customer agrees that Product will be delivered digitally to email address provided by Customer or via a google drive link provided by Seller, after the final payment has been received.6. It is sole responsibility of Customer to propose delivery method which works for both parties. Seller cannot be held accountable for Customer's loss of access to the delivery method, loss of delivered files, impediments such as spam filters or any other technical obstacles outside responsibility of the Seller.6a Upon delivery of the product, it is the Customer's responsibility to store it properly. Loss of product due to negligence will not be reimbursed by the Seller. Seller can not guarantee that the original copy of the product will be available in the case that the Customer lost their files.REVISIONS7. Customer has the right to five complete revisions in the sketching phase.8. Customer has right to a reasonable amount of minor edits after completion, such as changing an eyecolour or fixing a small detail. Any requests above that, however minor, will require a prior mutual agreement and will result in a proportional increase of order value. Any such increase will be paid separately. Work on any such excessive requests will not commence until the payment for the additional payemnt(s) has been received.CURRENCY CONVERSIONS9. Customer agrees to pay the total amount specified in United States dollars (usd)10. It is the sole responsibility of Customer to bear any currency conversion costs, bank transfer fees, payment provider service fees and any other costs involved in transferring funds to the Seller.11. Payment is considered as received and completed only when total amount received on Seller's account is equal to the amount in usdREFUND POLICY12. Customer has right to request a full refund if there's been no progress for two consecutive weeks, or when Product has not been completed within a months. Refund conditions for commissions which require more work must be agreed separately, before the work commences. These provisions exclude work interruptions caused by unforeseen circumstances such as illness, accident or any other credibly documented reason for interruption of work.PERSONAL AND COMMERCIAL USE13. The Product received by Customer is for personal use. Any use of the Product for commercial purposes, reselling it, reproduction or publishing for reasons other than personal purposes has to be approved beforehand by the Seller. This will require a separate agreement between Customer and Seller defining exact conditions and financial implications of such use of the Product.14. Customer does not hold the right to use the product in any blockchain-related technology, including NFTs, cryptocurrency, or future inventions in the space.14a In addition, Customer does not hold the right to use the product for AI datasets or for AI tools and any present or future inventions in the space.CANCELLATIONS15. Seller reserves every right to refuse or cancel any order, under condition of full refund, without giving reasons to Customer.This TOS was used from this example