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Terms of Service

These Terms govern use of the website and commission services provided by Oculus Festum Studio. Austrian law applies; mandatory consumer protections remain unaffected. By accessing the site or placing an order, you agree to these Terms.

Effective: 8 Sept 2025 • Last updated: 8 Sept 2025 • Version: 1.0

1) Scope

These Terms apply to the website, any accounts you create, and any commissions or digital services ordered through this site.

Service-specific or product-specific terms shown on a product page (e.g., usage, delivery, revision policy) become part of the agreement for that service. In case of conflict, the service-specific terms prevail for that service.

2) Accounts & Eligibility

Some features require a user account. Keep your credentials confidential and notify us promptly of suspected misuse.

Where consent is the legal basis, under Austrian law minors generally require parental/guardian consent. Age-restricted services (e.g., adult-themed content) are available only to adults (18+).

3) Orders, Pricing & Payment

Placing an order constitutes an offer to purchase the selected service. We may accept or decline at our discretion (e.g., technical limits, content policies).

Prices are displayed on the relevant product page. Taxes, if applicable, are shown at checkout. Additional work (e.g., major scope changes, expedited delivery, commercial licensing) may require a separate quotation and fee agreed in writing before execution.

4) Workflow, Revisions & Delivery

Where previews are provided, the number of included revision rounds and the estimated delivery window are indicated on the product page.

Revisions cover reasonable adjustments aligned with the original brief; fundamental changes or new concepts may be treated as a new commission.

Delivery windows are estimates and may shift due to complexity, communication delays, or events beyond our control; we will keep you informed.

5) Intellectual Property & License

  • Unless explicitly transferred, the artist retains all copyrights and moral rights.
  • Default license: personal, non-commercial use (e.g., private display, avatar/header on personal profiles).
  • Commercial use (e.g., merchandise, ads, brand campaigns, monetized channels) requires a separate written license and additional fee.
  • Do not remove signatures/watermarks, present the work as your own, or distribute files except as permitted by the license.
  • Do not use the work in datasets for AI training or automated generation without our prior written permission.

6) Portfolio & Confidentiality

We may showcase finished work for portfolio and social media to demonstrate our services, without disclosing private order details, unless otherwise agreed in writing.

If confidentiality is a requirement for a specific commission, this must be agreed before work begins (and may involve an additional fee).

7) Content Restrictions

  • We may decline requests that are illegal, abusive, hateful, non-consensual, or that depict minors (real or fictional).
  • We may also decline requests that conflict with our brand, ethics, or technical limitations.

8) Refunds, Cancellations & Right of Withdrawal

  • Custom commissions are non-refundable once work has started or after files have been delivered due to their bespoke nature.
  • Cancellation before work starts may be accepted at our discretion and may involve an administrative fee.
  • EU/AT consumers: statutory rights remain unaffected. Custom services and off-premises digital content may be exempt from the 14-day withdrawal if you ask us to begin and acknowledge that the right may be lost once the service is fully performed.

9) Prohibited Uses

  • Resale, sublicensing, or redistribution of files except as expressly licensed.
  • Use in logos/trademarks without our written approval and an appropriate commercial license.
  • Use in AI training datasets or creation of derivative AI outputs without written permission.

10) Suspension & Termination

We may suspend or terminate access to services or accounts for material breaches of these Terms, suspected abuse, or legal/technical reasons.

11) Warranties & Liability

Services are provided with reasonable care and skill. We are liable without limitation for intent, gross negligence, and injury to life, body, or health.

Otherwise—where permitted by law and not towards consumers—liability is limited to typical, foreseeable damages.

12) Changes to These Terms

We may update these Terms. Material changes will be announced appropriately. Continued use after the effective date constitutes acceptance of the changes.

13) Governing Law & Venue

Austrian law applies (excluding conflict-of-law rules). Statutory consumer protections remain unaffected. The competent venue is as stated in our Imprint unless mandatory rules provide otherwise.

14) Contact & Policies

15) Customer Materials, Rights & Indemnity

You represent and warrant that you have the necessary rights, licenses, and permissions for all materials, references, and likenesses you provide (including photos, characters, logos, and text).

You grant us a limited license to use such materials solely to produce and deliver the commissioned work.

You agree to indemnify and hold us harmless against third-party claims arising from customer-provided materials or instructions.

16) VAT, Invoicing & Pricing Notes

Prices are shown on the product page. Where applicable, VAT will be displayed at checkout and on the invoice. If we qualify under the Austrian small business regulation (§ 6 Abs. 1 Z 27 UStG), invoices will state that no VAT is charged.

Invoices are provided electronically on request. Business customers should provide accurate invoice details (legal name, address, VAT ID if applicable).

17) File Delivery, Access & Retention

Deliverables are provided digitally (e.g., PNG/TIFF/PDF as specified on the product page).

Download links may remain available for a limited time (e.g., 60 days) and are not intended for long-term archiving. We do not guarantee perpetual storage of your files.

Re-delivery of archived files, where possible, may incur a handling fee.

18) Force Majeure

We are not liable for delays or failures due to events beyond our reasonable control (e.g., outages, strikes, epidemics, natural disasters, war, regulatory actions).

19) Language

If these Terms are provided in multiple languages, the version designated on the Imprint page as controlling will prevail in case of discrepancies.

20) Payment Processing & Chargebacks

Payments are processed by third-party payment providers (e.g., card processors or wallet services) under their terms. We do not store full card details.

If a payment is reversed, disputed, or charged back, any license granted to you is automatically suspended until the dispute is resolved. We may disable downloads/access during the dispute.

21) Age-Restricted & NSFW Artwork

Requests that involve nudity, sexuality, or other adult themes are available only to customers who are 18+ and for subjects/references that are 18+.

We may require proof of age and reserve the right to refuse, cancel, or refund such commissions at our discretion where verification is insufficient or local law restricts the content.

22) Takedown Requests & IP Complaints

If you believe material on our site infringes your rights, please notify us with a description of the work, the allegedly infringing material, your contact details, and a good-faith statement of ownership. See the Imprint page for our contact details.

23) Assignment, Severability & Entire Agreement

You may not assign or transfer your rights under these Terms without our prior written consent; we may assign to an affiliate or in connection with a reorganization.

If any provision is held invalid, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver.

These Terms, together with service-specific terms on product pages and the policies linked above, constitute the entire agreement regarding the services.