Hello, I'm kimithepumpkin! Feel free to call me either Kimi or Pumpkin. I'm a digital artist from Slovakia. I've been drawing since 2010, focusing on digital art as I studied animation, I'm full time artist from 2018.I draw original characters, backgrounds and fanarts from my favourite shows or games, I also sell premade emotes on my ko-fi or vgen.I offer custom commissions so feel free to take a look at all the info below ♥
kimithepumpkin's terms of service
Please read through entirely before contacting me about commissions.
These terms of service are subject to change. By commissioning me, you acknowledge that you have
read and will be held to these terms.
I reserve the right to cancel at any time and for any reason. A statement will be provided explaining
why I have chosen to cancel the commission and issue a refund based on my refund policy.
1. ENGAGEMENT
a. Client provides clear and complete requirements and expectations upfront, including reference materials or assets of adequate quality 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, was not generated by any AI software(free to use nor paid) and authorised for use by the Client or their original author/artist.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 human made artwork 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 unauthorised materials.h. Artist reserves the right to refuse projects or requests based on content,subject, or other reasons.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 social media profiles, website or email. The details set forth by the Artist shall be agreed upon by the Client before work begins.2. CONTENT RESTRICTIONS
a. Artist will not create content that is explicit, offensive, inappropriate or illegal.b. Specific restrictions include but are not limited to NSFW for loli/shota or child-like characters, explicit adult content, underage characters, excessive muscles, heavy gore, copied styles, and gender identities or cultures the Artist may not be able to portray authentically or themes that are in any way offensive.DOs AND DON'Ts:
Yes, I will do following:1. Original characters, fanart, yumeships, fanart ships, people of color(POC)2. NSFW ONLY if the character drawn isn't minor or child-like looking, this applies specifically to characters that are designed to look underage even when their lore says they are officially adults. Clients requesting NSFW commissions have to be 18+!!3. Furries (Note that I am NOT specialised furry artist but I will do my best to draw your character)4. Mechanical and robotic parts on character are okay unless it's 90% of the image ( Robotic arms = okay, full mecha godzilla = not okay)5. Light gore ( I don't mind drawing a splatter or two of blood or deep gushing wounds but I won't do full blown intestines everywhere or missing bloody limbs)6. LGBTQ+ illustration(as a big supporter of the community and part of it I would be honoured if I could draw your LGBTQ+ characters ❤️)9. Animals - if your character has an animal companion i will be more than happy to draw it with them, make sure to mark them as an additional character in proposal requests.I WON'T draw:
1. Family or animal portraits, real people or their caricatures or realistic art style.2. Anything that goes against my personal beliefs or is hateful or filled with negative intent towards minorities or anyone else.5. Political figures or politically aimed drawings, political or war propaganda, heavily religious or anti-religious artwork.6. Copies of other artists artstyles. I am my own person and artist with my own artstyle, any requests asking to change my style or copy an art style of ither artists will be declined.As an artist providing service I have all rights to decline a commission if I feel uncomfortable working on it or if it goes directly against one of the things stated here without giving my clients reason for the cancellation.3. TIMELINE AND PROCESS
a. Work completion is 1 week minimum and may take up to 1 month since the Work is marked as WIP, depending on the complexity of individual projects and customers ability to reply in timely manner. My commissions work on first comes first serve basis, if you want to rush your commission or skip line in queue for earlier deadline rush fee will be applied. Rush fee doesn't affect how fast I'll draw the art, it affects your position in queue.b. Timeline depends on commission type, complexity, and workload.c. Artist provides progress updates and seeks Client feedback voluntarily.(Sketch-base color-finished work)d. Final deliverables are provided by the Artist using e-mail, cloud or similar file transfer tools.e. If there are any delays and adjustments to timeline, the Artist will inform the Client.f. Clients must first agree to delays and amendments to timeline exceeding 1 month through standard communication channels.g. Clients have the right to request refunds 1 month after deadline, if work has not been delivered or there was no agreed upon amendment to the deadline.4. REVISIONS
a. Clients have 3 major revisions (changes/redraws) allowed per art shown to the Client during the process in sketch stage. Major changes like redrawing big parts is possible in this stage.b. After base color, once artist starts rendering/shading, only minor revisions are allowed(ex.: slight changes to the small details or coloring, quick and simple edits) but are also limited up to 3 times.c. Additional charges for excessive revisions will require additional fee per change.d. Revisions may affect progress and timeline.5. COMMUNICATION
a. Ongoing communication and discussion will occur throughout the project.b. Communication channels may include private messages on social media or e-mail according to
Artist discretion or clients preferred choice.c. Artist response time may vary, up to 24 hours – 3 days in order to provide better or more concrete update.d. If client chose shorter delivery time ie. pays rush fee for skipping line in queue they are required to answer latest in 24 hours or less of being contacted by Artist with updates. If they fail to respond in time and Artist misses client's deadline, client is not eligible for refund due missed deadline.PRICES QUOTES AND PAYMENTS:
All quotes provided are for 1 individual item. When contacting me for a commission quote, you are
required to provide the following:1.A digital reference sheet or clear digital image of your character. Note that you absolutely need to have all references prepared before and send them in the request right away.2.Proof you have read all my TOS. (Use the password while contacting me: "Pumpkin TOS")3.Proof of character ownership - isn't required every time but as an artist I can ask this of you if I have concerns about authenticity of ownership (Concerns your OC only)
4.Basic information like what you want done, level of suit, extra features, etc.
5.Proof of adulthood(ID or drivers license) - concerns you only if clients pick a NSFW option on any illustration service which has it available.PAYMENTS:
I take upfront payments. Payment plans are available for commissions over 100€, basic payment plan consists of paying half of the full price upfront and rest before final files are sent or a milestone based payment plan. Depending on the full price this can be divided into several smaller payments which are required to be paid in a way Artist and Client agree upon but not more than 4 payments all together. First payment or full payments are required to be cleared before artist starts working on the commission ie.before sketch is sent and Work is marked as WIP.REFERENCES:
1. Clients must send proper references of their character, in proper quality and lighting, ideally a reference sheet with full body, front and back side and color palette of their character properly visible or base colors the artist can color pick from to get 100% accurate colors of your character. If client has only shaded reference I will accept it but the colors may not be 100% accurate, I will do my best to match the correct colouring but I can't 100% guarantee it the perfect accuracy.2. If clients don't have a reference sheet they can send illustration of their character or a mood board(mood boards should include stuff like clothes and possible outfits, color pallettes, hairstyles, accessories, anything else that may be crucial in making your character come to life)3. Pose or background references are welcomed but not necessary unless client needs a specific pose or background.4. References cannot be created by AI. I am a human artist and I am strictly against using AI since it's not only bad for artists due thievery but also bad for an environment. If clients send AI generated references I may decline working with them.5. I accept references of real photos for any type of commissions if clients decide so, this includes but is not only limited to NSFW commissions as well, these references must be appropriate and shouldn't show genital organs under any circumstances. If you aim for certain body type you can use stock photos or your own but you absolutely have to wear an undergarments or fit on clothes. If this rule is broken Artist has rights to withdraw from the project and ban the client from future projects as well.6. All references must be gathered prior sending commission request with the artist and sent with request form or sent via DM separately within 38 hours from sending request.6. RIGHTS & USAGE
a. Artist Rightsi. 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 and more unless full NDA is requested by client.b. Client Rights
i. Clients receive exclusive, non-transferable usage rights to the Work for personal use.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.v. Client shall not reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate work, including without limitation, technologies that are capable of generating works in the same or different style or genre as the Work. Nor shall Client sublicense others to reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate work.c. Commercial Rights
i. Commercial usage rights are not included unless specified in the commission type or listing on the
Artist’s websites (emotes, and so forth) or as agreed upon between Client and Artist.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, physical merchandise or digital copy, or on another platform as a whole or part of the Work.iii. Usage of Work for AI (artificial intelligence) tools of any kind; 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 even with purchased commercial licence. If clients break this, Artist has rights to renounce clients usage privileges to any and all artworks they provided immediately, block client from commissioning Artist in the future or take legal action against the client for breaching terms of services.iv. Additional charges will be required for commercial usage if not included in the base price, typically 250% of the original cost.7. PAYMENTS & FEES
a. Client pays 100% of price upfront unless they contacted Artist and agreed with payment plan.b. Invoices, proposal or payment link will be sent to the Client by Artist. Clients must not send money in their own account or before these requests for payment from the Artist are sent.c. Invoices must be paid within three days or the project may be cancelled. Unless agreed otherwise with Artist.d. Prices may vary or change depending on the complexity, requirements and/or additional requests and add-ons.e. 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 unless stated differently directly in the commission request.f. Client warrants they will not issue chargebacks and the refund policy mentioned below will be followed. In case of client doing chargeback without following proper refund procedure with Artist, clients may be banned from commissioning Artist permanently and their usage rights for delivered Work will be canceled with immediate effect.8. CANCELLATION & REFUNDS
a. If Client requests cancellation within first 24 hours after paying for commission, they will receive full refund.b. If Artist cannot complete work or there are delays for unforeseen reasons from Artists side without communication with the Client or agreement to prolonged deadline, the Client may be eligible for a refund based on the percentage of the work and time that has been completed until this point - partial refund.c. If client sets their own deadline, rush the commission to skip queue line, they are required to communicate with artists when they are sent updates in the minimum of 24 hours, maximum 38 hours, especially if the required deadline is shorter than usual delivery time set by artist. If the set deadline is missed due lack of communication on customers side, customer will loose the rights for refund due missed deadline.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.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.c. Clients accepts these terms of services as a part of legal contract with Artist, acknowledging it's a binding contract and breaching it may lead to legal pursuit.