Terms & Conditions

A legal disclaimer

Terms and Conditions for PixelzPup Studio Inc.

Last Updated: June 25, 2025

1. Introduction and Agreement to Terms

Welcome to PixelzPup Studio Inc. ("we," "us," or "our"), operating the website https://www.google.com/search?q=pixelzpups.com (the "Website"). These Terms and Conditions ("Terms") govern your access to and use of our website, our digital content creation services, and any digital or physical products you commission or purchase from us.

By accessing or using our website, commissioning our art or 3D work, or purchasing our products, you signify that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you must not use our website or services.

2. Services and Products Offered

PixelzPup Studio Inc. specializes in custom digital content creation, including but not limited to:

Digital Art Commissions: Custom 2D digital illustrations, character designs, concept art, and other digital artwork based on client specifications.
VR Chat Avatar Texturing & 3D Work: Custom textures for existing VR Chat avatars, modifications to 3D models, creating 3D assets, or other related 3D digital work.
General Content Creation: Unapplied
Digital Products: (None at the Moment)

We reserve the right to modify or discontinue any service or product offering at any time without prior notice.

3. User Accounts (if applicable)

If our Website requires or allows for user account creation:

You are responsible for maintaining the confidentiality of your account login information and for all activities that occur under your account.
You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
We reserve the right to suspend or terminate your account if any information provided is inaccurate, not current, or incomplete, or if you violate these Terms.

4. Pricing and Payments

Pricing: All prices for digital art commissions, 3D works, and digital products are listed on our website, provided via a commission quote, or outlined in a custom project agreement. Prices are subject to change without notice, but changes will not affect orders already placed and confirmed.
Commission Quotes: Custom commission prices are based on the complexity, detail, scope, and requested timeframe. A detailed quote will be provided before work commences.
Payment Methods: We accept payments via [list accepted online methods like Wix Payments], PayPal, Cash App, and cash payments for pre-arranged in-person transactions or specific local services.
Payment Terms:
- For custom commissions (digital art, VR Chat avatar texturing, 3D work), a non-refundable deposit of [e.g., 50% or a fixed amount like $X] of the total estimated project cost is typically required upfront to secure your slot and for work to begin.
- The remaining balance is due upon completion and final approval of the commission, prior to the delivery of final digital files.
- For digital products sold directly on the Website, full payment is typically required at the time of purchase.
- [Specify any late payment fees, e.g., "Late payments may be subject to a fee of X% per month or $X per week, whichever is greater."]
Taxes: All applicable taxes [e.g., sales tax] will be added to the price of products and services as required by law. You are responsible for paying any such taxes. (Note Commissioner may change or modify any from above)

5. Commission Process, Revisions, and Delivery

Project Brief & Communication: All commissions require a clear project brief provided by the client, including references, desired style, and specific requirements. Effective communication throughout the process is essential.
Approval Stages: Commissions may include specific approval stages (e.g., sketch approval, line art approval, color flat approval, 3D model block-out approval). Your timely feedback and approval at each stage are crucial.
Revisions:
- Each commission includes a limited number of minor revisions at specific stages as outlined in your project agreement or quote (e.g., "2 rounds of minor revisions during the sketch phase," or "1 minor revision after final texture application"). *Note Charges may be applied after Final texture application user has a week for revisions after it will count as a new commission*
- Major changes or additional revisions beyond the agreed-upon scope or after a stage has been approved may incur additional fees charged at our hourly rate of $[X]/hour.
- Revisions requested after final delivery or approval of the finished product will be considered a new commission and charged accordingly.
Delivery:
- Final digital files will be delivered electronically via [e.g., email, a secure cloud drive link, a private gallery link] upon receipt of full payment. *Note If need commissioner can upload to account* -
- Formats for digital art commissions will typically be [e.g., high-resolution JPG or PNG].
- Formats for VR Chat avatar textures and 3D work will be [e.g., PNG for textures, FBX/OBJ for 3D models, or a Unity Package if specified in the commission]. You are responsible for having the necessary software to utilize these files.
- We are not responsible for the lifespan or accessibility of shared links or files once they are delivered and downloaded by the client. We recommend clients back up their digital files immediately upon receipt.
- Delivery timelines are estimates and can be affected by client response times, revision requests, or unforeseen circumstances. We will communicate any significant delays.
No Physical Product: Unless explicitly stated otherwise in your commission agreement, all services result in digital products/files only. No physical prints, models, or other tangible items will be shipped.

6. Cancellations and Refunds (for Commissions)

Cancellation by Client:
- If you cancel a commission before work has commenced and the deposit has been paid, no further action is required, and no refund is applicable if a non-refundable deposit was specified.
- If you cancel a commission after the deposit has been paid but before significant work has begun (e.g., before sketch approval), the deposit is non-refundable.
- If you cancel a commission after significant work has commenced or after an approval stage (e.g., sketch approved), you will be responsible for a "kill fee" covering the work completed up to that point, calculated at our hourly rate of $[X]/hour, in addition to the non-refundable deposit. Any remaining balance paid beyond this kill fee will be refunded.
Cancellation by PixelzPup Studio Inc.: In the rare event that we must cancel a commission due to unforeseen circumstances or a breach of these Terms by the client (e.g., poor communication, inappropriate behavior, non-payment), you will be refunded any payments made minus the non-refundable deposit and a prorated amount for work already completed. We reserve the right to refuse or terminate any commission at our sole discretion.
No Refunds for Completed Work: Due to the custom nature of our services and digital deliverables, all sales are final once a commission is completed and final files have been delivered. We do not offer refunds on completed commissions or digital products once downloaded.

7. Intellectual Property and Copyright

Our Ownership: All original digital art, textures, 3D models, designs, text, graphics, and other content created by PixelzPup Studio Inc., including those displayed on the Website and provided as part of our services, are our intellectual property and are protected by U.S. and international copyright laws.
Client Use of Commissioned Work:
- Unless otherwise specified in a separate written license agreement, when you commission work from us, you are granted a limited, non-exclusive, non-transferable license to use the final commissioned artwork or 3D files for personal, non-commercial use only. This includes displaying the artwork in your personal digital spaces, personal social media, personal VR Chat avatars (for personal use), or making personal prints.
- Commercial Use: Any commercial use of the commissioned work (e.g., for merchandise, branding, promotion of a business, monetization of a VR Chat world/avatar used commercially, resale, publication for profit) requires a separate written commercial license agreement and will incur additional licensing fees. You must contact us to discuss commercial licensing options.
- No Alterations: You may not alter, edit, modify, or create derivative works from the commissioned art or 3D files without our express written permission, other than for personal use within the licensed scope (e.g., applying a texture to an avatar). This specifically prohibits removing watermarks, signatures, or altering our original artistic intent without agreement.
- Attribution: When displaying or sharing the commissioned work publicly (especially online), you agree to provide clear and visible credit to PixelzPup Studio Inc. (e.g., "Art by @PixelzPupStudio" or "Texture/3D work by PixelzPup Studio Inc."). (Note it may be a small design somewhere on the body/Texture)
Our Use of Commissioned Work: You grant PixelzPup Studio Inc. the perpetual, worldwide, royalty-free right to use the commissioned work (including preliminary sketches and final pieces) for our portfolio, website, social media, marketing, and promotional purposes, unless a separate written agreement (e.g., a non-disclosure agreement or privacy request for sensitive/unreleased content) is made at the time of commissioning.
Third-Party Assets: If you provide us with third-party assets (e.g., base avatars, models, reference images) for use in your commission, you warrant that you have the necessary rights, licenses, or permissions to allow us to use them for your project. We are not responsible for any copyright infringement or licensing issues arising from client-provided assets.

8. Client Responsibilities

Clear Communication: You agree to provide a clear and detailed project brief, timely feedback, and promptly respond to communications from us. Delays in response may extend project timelines.
Asset Provision: You are responsible for providing any necessary assets (e.g., base VR Chat avatar models, existing textures, reference images) in the requested formats. Both users are to buy the assets, or if user does not intend to use the assets and just use it for their avatar-'s then client most pay commissioner.
Review and Approval: You are solely responsible for reviewing and approving proofs, concepts, and final deliverables within the specified timeframe. Your approval signifies acceptance of the work.
Compliance with Platform Guidelines: For VR Chat avatar texturing and 3D work, you are solely responsible for ensuring that your final avatar or model complies with VR Chat's (or any other platform's) terms of service, content guidelines, and performance optimization requirements. We are not liable for any issues arising from non-compliance with platform rules once the work is delivered.

9. Limitation of Liability

To the fullest extent permitted by law, PixelzPup Studio Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website or services; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; (iv) unauthorized access, use or alteration of your transmissions or content; or (v) any issues arising from your use of commissioned work on third-party platforms (e.g., VR Chat) after delivery.
In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to negligence, or otherwise) exceed the amount paid by you, if any, for the specific commission or product giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless PixelzPup Studio Inc. and its employees, agents, and affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Website, products, or services; b) a breach of these Terms; c) your violation of any third-party right, including without limitation any copyright, property, or privacy right (especially concerning client-provided assets); or d) any issues arising from your use of the commissioned work on third-party platforms.

11. Governing Law and Dispute Resolution

Governing Law: These Terms shall be governed and construed in accordance with the laws of the State of [Your State, e.g., California], without regard to its conflict of law provisions.
Informal Resolution: We encourage you to contact us directly to resolve any disputes informally.
Binding Arbitration (Optional, but common for small businesses): Any dispute, controversy, or claim arising out of or relating to these Terms, including the breach, termination, or validity thereof, shall be finally settled by binding arbitration administered by [e.g., American Arbitration Association (AAA) under its Commercial Arbitration Rules, or JAMS] in accordance with its rules. The arbitration shall take place in [Your City, Your State]. The decision of the arbitrator(s) shall be final and binding on all parties.
- Waiver of Class Action: You agree that any arbitration shall be limited to the dispute between us and you individually. To the full extent permitted by law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Jurisdiction for Litigation (if arbitration is not chosen or applicable): If a dispute cannot be resolved through arbitration, you agree that any legal action or proceeding shall be brought exclusively in the state or federal courts located in [Your County, Your State].

12. Links to Other Websites

Our Website may contain links to third-party websites or services that are not owned or controlled by PixelzPup Studio Inc. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

13. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

14. Changes to These Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [e.g., 30 days'] notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Website or services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Website and our services.

15. Contact Us

If you have any questions about these Terms, please contact us:

PLEASE CREATE A TICKET WITHIN DISCORD - JOIN

By email: [Your Email Address]
By visiting this page on your website: [Link to your Wix Contact Page]
By mail: [Your Physical Business Address]

Key Changes and Considerations for Content Creation/3D Work:

Section 2: Services and Products Offered: This section is now tailored to digital art, VR Chat avatar texturing, and 3D work, allowing you to list your specific offerings.
Section 4: Pricing and Payments: Added emphasis on commission quotes and specific payment terms for custom work.
Section 5: Commission Process, Revisions, and Delivery: This is the most critical section for your business model.
- Project Brief & Communication: Highlights the need for clear client input.
- Approval Stages: Essential for managing expectations and preventing scope creep.
- Revisions: Clearly defines limited revisions and the potential for additional fees for extensive changes or changes made late in the process. This is crucial for artists.
- Delivery: Specifies digital file formats and responsibilities for downloading/backing up.
- No Physical Product: Makes it clear that your work is digital unless otherwise agreed.
Section 6: Cancellations and Refunds (for Commissions):
- Non-refundable deposit: This protects your initial time and effort.
- "Kill fee": Important for recouping costs if a client cancels mid-project.
- No refunds for completed work: Standard for custom digital goods.
Section 7: Intellectual Property and Copyright: This is paramount for artists and content creators.
- Clear Ownership: Reaffirms your copyright.
- Client License: Explicitly defines the personal use license as default.
- Commercial Use: Stresses the need for a separate commercial license and additional fees. This is where many digital artists encounter issues if not made clear upfront.
- No Alterations: Protects your artistic integrity.
- Attribution: Encourages/requires credit.
- Our Use of Work: Clarifies your right to use the work for your portfolio, which is standard.
- Third-Party Assets: Protects you if a client provides assets they don't have rights to.
Section 8: Client Responsibilities: Added points specific to your type of work, like providing assets, timely review, and compliance with platform guidelines (very important for VR Chat).
Section 9: Limitation of Liability: Added a clause specifically about issues arising from use on third-party platforms.