COMMISSION CHART

Prices are indicative and may vary depending on the complexity of the project.
A personalized quote (including T.O.S, rights transfer and any specific terms) is issued before any work begins.

ALL ART PIECES ARE FULLY RENDERED


SYMMETRICAL HEADSHOT

Starting at 60 €


HEADSHOT

Starting at 90 €


HALFBODY

Starting at 120 €

FULLBODY

Starting at 150 €


PET HEADSHOT

Starting at 90 €


BABO TIGER HEADSHOT

Starting at 60 €


SPECIAL REQUEST

PRICING UPON REVIEW

Please don't hesitate to contact me if the commission you're looking for isn't listed above.Pricing will be determined based on your specific request.

SPECIAL REQUEST

PRICING UPON REVIEW

Please don't hesitate to contact me if the commission you're looking for isn't listed above.Pricing will be determined based on your specific request.


OPTIONS

Background

Simple background (solid, gradient or transparent)included
Light decorative background5€

COMMISSION RIGHTS

Personal Useincluded
Commercial Use : Content+ 50%
Commercial Use : Merchandising+ 100%

These are premade rights bundles.
All rights granted under these bundles are worldwide and unlimited in duration.
Extended or exclusive licence can be discussed, pricing on request.


Personal Use


For anyone who wants to enjoy their commissioned artwork for personal, non-commercial purposes.

  • Use the artwork as profile pictures, wallpapers or personal prints.

  • Share the artwork on personal social media.


  • Any income-generating use.

  • Branding or business/commercial use of any kind.

  • Using the artwork to train, feed or generate content via AI systems, or turning it into an NFT, blockchain-based asset, or metaverse/virtual world content.

CREDITS

  • Credit required on all public uses.

  • No ownership or copyright claim.



Commercial Use : Content
(Digital & Physical)


For content creators & businesses who wants to feature the commissioned artwork across digital and physical media.

  • Use the artwork in digital content (social media, monetized platforms, digital ads, websites).

  • Use the artwork in physical content : printed ads, flyers, event signage, publications, product packaging or labels.

  • Use the artwork on free stickers, cards or bookmarks given alongside a purchase (e.g. a bookmark included with a book sale) or as a giveaway - up to 500 units total for this commission.

  • Share the delivered artwork file with a third party (printer, manufacturer) solely for production - no modification without consent.


  • Creating physical or digital products for resale or using the artwork as the main/sole design of a product given away or bundled outside the goodie limit above.

  • Sublicensing or reselling the artwork.

  • Sharing the delivered artwork file publicly or as a standalone download.

  • Using the artwork to train, feed or generate content via AI systems, or turning it into an NFT, blockchain-based asset, or metaverse/virtual world content.

CREDITS

  • Credit required on all public uses (digital and physical).

  • No ownership or copyright claim.



Commercial use : Merchandising


For creators & businesses who want to turn the commissioned artwork into physical or digital products sold to the public.

  • Reproduce the artwork on physical products sold to the public (posters, prints, apparel, mugs, stickers sold individually, etc.)

  • Reproduce the artwork on digital products sold to the public (digital prints, downloadable wallpapers, etc.).

  • Share the delivered artwork file with a third party (printer, manufacturer) solely for production - no modification without consent.

  • Use the artwork in digital content (social media, monetized platforms, digital ads, websites).

  • Use the artwork in physical content : printed ads, flyers, event signage, publications, product packaging or labels.


  • Sublicensing or reselling the artwork.

  • Sharing the delivered artwork file publicly or as a standalone download.

  • Using the artwork to train, feed or generate content via AI systems, or turning it into an NFT, blockchain-based asset, or metaverse/virtual world content.

CREDITS

  • Credit required on product listings and packaging where feasible.

  • No ownership or copyright claim.


HOW I WORK

COMMISSION TIMELINE



Thumbnails (optional) + Rough Sketch

Depending on the nature of the project, you may first receive a set of thumbnails displaying different poses/compositions to choose from.A rough sketch will be sent to you and you may ask for 3 revisions at this point.

CLEAN SKETCH / LINEART + flat colors

Depending on the project, I will provide a lineart or a clean sketch. You'll be granted 2 revisions at this stage.Once agreed, we'll explore flat colors. I'll send you 1 to 3 color variations to choose from. Slight adjustments can be made.

RENDERING

You'll receive a low-res watermarked export of the artwork once the piece is finished.You may ask for slight adjustments, like tweaking some colors, light or changing small details.If the piece is more complex, I may send you steps of the rendering process.The final file will be delivered upon full payment.

TERMS OF SERVICE

This is a simplified summary of my Terms of Service.

BEFORE COMMISSIONING
Please read the full translated version available here:
GENERAL TERMS AND CONDITIONS OF SALE.
These GTC must be agreed upon before any work starts.

GOOD TO KNOW

  • I'd love clear, detailed instructions when placing your order but if you're not sure where to start, I'm happy to help you refine it beforehand.

  • I reserve the right to decline a commission if it falls outside my skills, style or availability.

  • Just a little reminder: every piece I create carries my own interpretation, skills and style.

AGREEMENT

  • Starting a commission means signing a quote, which includes accepting these Terms.

  • You'll also sign a rights transfer contract covering how you can use the final artwork.

  • Special arrangements can be added to the contract.

  • Under French law, a signed quote is legally binding and acts as a signed contract.

PAYMENT

  • Payments are made by Stripe, Paypal or Revolut.

  • All payments are made in EUR.

  • Any exchange or conversion fees relating to a payment made from another currency are the Client's responsibility.

  • A 30% deposit will be asked before starting any work.

  • You can also pay 100% upfront.

TURNAROUND

  • Commissions usually take 1-6 weeks to complete, starting from the day work begins.

  • Estimated delivery times are given in good faith, based on the complexity of the commission and my current availability.

  • Meeting these estimates depends on clear, timely communication between us. Delays in your replies or feedback may extend the timeline accordingly.

COMMUNICATION

  • I'll ask that anything relevant to the execution of the contract, like step validations, revisions, feedback or any requests, be confirmed by email.

  • I'll keep you regularly updated on your project's progress.

  • We both commit to replying within a reasonable timeframe.

revisions

  • I usually allow 3 revisions during the rough sketch phase, then 2 revisions for the lineart / clean sketch. Minor adjustments can be made during all the process. Please check : How I Work for mode details.

  • Major changes caused by unclear or incomplete instructions may be charged as extra revisions.

DELIVERY

  • Your artwork is delivered as a digital file, sent by email and via a shared Google Drive folder.

  • The final file is only delivered once the full amount has been paid.

CANCELATION

  • The 30% deposit is non-refundable.

  • If more work has been done than the deposit covers, the remaining value will be invoiced.

  • If the artwork is already finished, the full price is due.

  • If I cancel, you'll get a 100% refund of any payment already made (deposit included).

INTELLECTUAL PROPERTY

  • Only the final artwork is covered by the rights transfer. Sketches, work in progress, timelapses or any creative process / files shared during the commission stay my property.

  • You get the right to use the artwork only once the rights transfer contract is signed AND the full amount is paid.

  • I keep my author's rights on the artwork, which means I can share and publish it, unless we've agreed otherwise.

  • The final artwork reflects my own interpretation, skills, and style.

AI & NFT

  • I don't use any AI tools, all my artwork is fully hand-made with my own skills and style.

  • You can't use my artwork to train, feed, or run any AI system or to generate similar works in my style.

  • My artwork can't be turned into an NFT, put on a blockchain or used in any virtual world.

HOW TO CONTACT ME

Got questions? Feel free to get in touch so we can discuss your project.If you'd like, you can fill out this form : Commission formOtherwise, you can reach me at my email address.

GENERAL TERMS AND CONDITIONS OF SALE

This is a courtesy English translation of the original French-language GTC (Conditions Générales de Vente) provided for the convenience of English-speaking clients. In the event of any discrepancy or conflict between this translation and the original French version, the French version shall prevail and alone constitutes the legally binding text.

PREAMBLE


These General Terms and Conditions of Sale (the "GTC") govern the legal framework for ordering and performing a service (the "Service") offered by EI Cyriel AMORY, a French sole proprietorship (entreprise individuelle), artist-author, registered under SIREN number 108 593 427 (the "Provider"). The quote supplements these GTC and specifies in detail all elements making up the Service, including its description, terms of performance, price, and any special conditions agreed between the parties (the "Quote").These GTC may be modified at any time without notice. The Terms applicable are those in force on the date of their acceptance by the client (the "Client"). The GTC are accepted upon acceptance of a Quote containing a statement confirming acceptance of these GTC. The Preamble forms an integral part of these Terms.

ARTICLE 1 - PURPOSE AND SCOPE OF APPLICATION


For the purposes of these GTC, the Provider's business days are indicated on their website or provided upon request.The Client represents that they are of legal age and have full legal capacity to contract. If the Client is a minor, the order must be placed and the Quote signed by their legal representative, who will be considered a party to the contract and solely responsible for payment of the amounts due.These General Terms and Conditions govern the contractual relationship between the Provider and the Client and form an integral part, together with the Quote and other contractual documents, of the contract entered into between the parties.The Service is performed remotely and includes exclusively the elements expressly mentioned in the Quote. Any additional service will be the subject of a supplementary quote, which must be accepted by the Client before its execution. All terms of the Service, including planned steps, the number of revisions included at each phase, execution timelines, the nature of deliverables, the scope of rights transferred, the price, payment terms, and the Provider's legal information, are detailed in the Quote. The execution period runs from the date the Quote is signed. The execution period constitutes a good-faith estimate given by the Provider, which may be adjusted under the conditions set out in Article 4.The Provider shall not be held liable for any delay in execution attributable to the Client, in particular in the event of a lack of response, late transmission of necessary elements, or delayed validation of intermediate steps. Unless otherwise agreed between the parties, a delay may only give rise to compensation or penalties in the event of serious harm directly attributable to the Provider and duly demonstrated by the Client. These responsiveness obligations, and the applicable timeframes, are specified in Article 4.

ARTICLE 2 - PRICE AND PAYMENT TERMS


2.1 - Price determination

Prices are expressed in euros (€), exclusive of tax (VAT not applicable, Article 293 B of the French General Tax Code) and specified in the Quote. The price of the Service is determined on a case-by-case basis, taking into account in particular the complexity of the order, the estimated time required, and the scope of rights transferred. It is communicated to the Client prior to any execution and specified in the Quote.

2.2 - Price reductions

The Provider reserves the right to grant, at their sole discretion and on an occasional basis, price reductions (discounts, rebates). Only the amount invoiced after any such reduction is due from the Client.

2.3 - Broadcaster’s contribution (Urssaf)

In accordance with the regulations applicable to artist-authors, where the Client is a professional established in France who commercially exploits the work (a “broadcaster” within the meaning of Urssaf regulations), the Client is required to pay, in addition to the agreed price, a broadcaster's contribution (“contribution diffuseur”) equal to 1.10% of the gross pre-tax remuneration paid to the Provider, directly to Urssaf. This contribution is not owed by individual clients acting for personal purposes, nor by clients established abroad.

2.4 - Payment terms and methods

A deposit may be required upon signing the Quote. A deposit invoice will be issued and must be paid within the specified timeframe. Unless otherwise stated, the balance is due upon receipt of the final invoice, and no later than thirty (30) days after it is issued.Payment shall be made exclusively in euros (€), regardless of the Client's country of residence or usual currency. The Provider must receive the exact amount specified in the Quote or invoice. Any exchange or conversion fees relating to a payment made from another currency are the Client's responsibility.Payment is made via Stripe, PayPal, or Revolut. The payment methods actually offered may vary depending on the Client's banking location. The Provider reserves the right to indicate, for each Quote, the preferred payment method(s).Any refund owed to the Client shall be made using the same payment method used for the original payment, unless otherwise agreed between the parties.

2.5 - Late payment

For Professional Clients, any late payment will automatically result, after a formal notice remains unanswered for a period of fifteen (15) days, in late-payment penalties equal to three (3) times the statutory interest rate, as well as a flat-rate compensation for collection costs of €40 (Articles L. 441-10 and D. 441-5 of the French Commercial Code).For Consumer Clients, any late payment may give rise, under the conditions provided by law, to the remedies applicable in the event of failure to perform a payment obligation.

2.6 - Retention of title

Creations made as part of the Service remain the Provider's property until full payment of all amounts due.

ARTICLE 3 - ORDERING THE SERVICE


Any order must be the subject of a Quote accepted in writing by the Client and, if specified, payment of the deposit. Any subsequent modification of the order must be agreed in writing between the parties and may result in an adjustment of the initial terms, in particular regarding price and timelines. The Provider reserves the right to refuse an order that falls outside their area of activity or exceeds their capacity or availability.The Client retains the option of paying the full price upon acceptance of the Quote. Such advance payment does not entail any obligation on the Provider's part for a reduced timeframe or priority handling of the Service. In the event of cancellation under the conditions set out in Article 8, only the portion corresponding to the deposit remains due to the Provider, with the balance refunded to the Client if the Service has not begun.

ARTICLE 4 - PERFORMANCE OF THE SERVICE


4.1 - Execution

The Provider undertakes to perform the Service in accordance with the terms of the accepted Quote and the standards of practice in force in their field of expertise. The Service is performed within the agreed timeframe, subject to the Client fulfilling their obligations, in particular the transmission of information and elements necessary for its completion. Any delay or difficulty in execution attributable to the Client may result in a postponement of the originally scheduled timeframe. Where performance becomes impossible for reasons beyond the Provider's control, the Provider will inform the Client as soon as possible in order to agree on an appropriate solution.

4.2 - Means of communication

Exchanges concerning the general progress of the Service, or of an informal nature, may take place by any means agreed between the parties, including social media or instant messaging. The elements necessary for the proper completion of the Service, in particular the transmission of references and instructions by the Client, the description of their expectations, the transmission of progress by the Provider for validation purposes, and any request for revision, shall be carried out exclusively by email. In the absence of written confirmation through this channel, exchanges conducted via other means of communication have no contractual value and may not be relied upon in assessing timeframes or respective responsibilities.

4.3 - Response times

The Client undertakes to respond to the Provider's requests (in particular for step validation, transmission of requested elements, or a response to a question necessary for the continuation of the Service) within three (3) business days. Beyond this period, the execution timeframe is extended by a duration equivalent to the delay observed, without the Provider's liability being engaged in this respect.Reciprocally, the Provider undertakes to respond to the Client's requests within three (3) business days. A failure by the Provider to respond beyond this period may be taken into account when assessing compliance with the execution timeframe.Either party may claim unavailability for a reasonable reason (in particular leave, public holidays, illness), provided the other party is informed in advance or, in the event of an unforeseen circumstance, as soon as possible. This unavailability pauses the response period and may also correspondingly postpone the scheduled delivery date.

4.4 - Prolonged absence of response from the Client

In the event of no response from the Client for thirty (30) consecutive days following a request sent by the Provider by email and left unanswered, the Provider may send a formal notice inviting the Client to respond within fifteen (15) days. If the Client fails to respond by the end of this period, the Service will be deemed cancelled due to the Client's default, under the conditions set out in Article 8.1.

ARTICLE 5 - DELIVERY


5.1 - Nature of the deliverable

The deliverable is provided exclusively in digital format.

5.2 - Shared folder

The Provider makes available to the Client a shared folder on Google Drive, accessible exclusively to the Client and the Provider, containing at minimum the final deliverable and, where applicable, supplementary items such as elements of the creative process.The Client's access to this folder allows them to view and download the documents it contains. The Client does not, however, have any right to modify, delete, or add documents. In accordance with Article 12, only the final deliverable is subject to a transfer of rights, unless expressly agreed otherwise; the process elements made available in this folder are provided for informational purposes only and do not entail any transfer of rights over those elements.

5.3 - Transmission of the deliverable

The final deliverable and process elements are sent by email and placed in the shared folder mentioned above. Where their size exceeds email sending capacity, they are placed solely in the shared folder, with the Client informed by email. By mutual agreement between the parties, a means of transmission in addition to email and the shared folder may be used, subject to the Provider's agreement; placement in the shared folder remains systematic.

5.4 - Conformity of the deliverable

The deliverable complies with the terms set out in the Quote, including format, resolution, and any agreed versions or variations, and includes all elements referenced therein.

5.5 - Validation of receipt

The Client undertakes to confirm receipt of the deliverable by email. In the absence of a response from the Client within seven (7) business days following the deliverable being made available, it is deemed delivered. Where the Client is unavailable and unable to confirm receipt within this period, the parties may agree on a deferred validation date by mutual agreement; in the absence of a response from the Client within seven (7) business days following that date, the deliverable is deemed delivered.

5.6 - Delivery timeframes

The delivery timeframes indicated in the Quote constitute a good-faith estimate given by the Provider, which may vary depending on circumstances, in particular the response times set out in Article 4.3.

5.7 - Duration of access to the shared folder

The Client's access to the shared folder is maintained until the expiration of a period of thirty (30) days following, as applicable, the validation of receipt of the deliverable in accordance with Article 5.5, or the expiration of the period set out in that same Article where the deliverable is deemed delivered in the absence of validation.Upon expiration of this period, the Provider may revoke the Client's access to the folder, the Client being deemed to have backed up the deliverables independently.

5.8 - Loss of deliverables and retransmission

The Provider shall not be held liable for the loss of deliverables by the Client, regardless of the cause, including deletion of the transmission email or its attachments, or revocation of access to the shared folder under the conditions set out in Article 5.7.After the period mentioned in Article 5.7, the Client retains the option of requesting retransmission of the deliverables from the Provider. This request may result in an additional charge, the amount of which is at the Provider's discretion.

ARTICLE 6 - RIGHT OF WITHDRAWAL


For Consumer Clients, the services offered by the Provider, consisting of custom creations made according to the Client's requests and guidance, constitute services excluded from the fourteen (14) day right of withdrawal, in accordance with Article L.221-28, 3° of the French Consumer Code. For Professional Clients, no right of withdrawal applies.

ARTICLE 7 - STATUTORY GUARANTEE OF CONFORMITY


In accordance with Articles L. 224-25-12 et seq. of the French Consumer Code, the Provider guarantees to the Consumer Client that the digital content supplied conforms to the objective characteristics agreed in the Quote (nature of the deliverable, format, elements making up the order). This guarantee does not affect the obligation of means set out in Article 9.1: it covers only the correspondence between the deliverable and the elements objectively defined in the Quote, excluding any assessment of the Provider's artistic interpretation, style, or creative rendering, which remain subject to that obligation of means. By way of non-exhaustive illustration, a defect of conformity includes delivery of a corrupted or unreadable file, a file with a resolution lower than that agreed in the Quote, or the absence of an element explicitly provided for in the Quote (for example, an agreed character or setting that does not appear in the deliverable); dissatisfaction relating to the Provider's style, artistic interpretation, or aesthetic rendering does not constitute a defect of conformity.In the event of a defect of conformity, the Client is entitled to have the digital content brought into conformity or, failing that, to a price reduction or termination of the contract, under the conditions set out in Articles L. 224-25-17 et seq. of the French Consumer Code. In accordance with Article L. 224-25-12 of the Consumer Code, the Provider is liable for defects of conformity existing at the time of delivery and appearing within two (2) years of delivery. In accordance with Article L. 224-25-16 of the same Code, defects appearing within the first twelve (12) months following delivery are presumed to have existed at the time of delivery, unless the Provider proves otherwise; beyond this period and until expiration of the two-year period, it is the Client's responsibility to establish that the defect existed on the date of delivery.This guarantee does not cover defects resulting from improper use of the deliverable by the Client, nor requests for modification made after delivery, which would constitute a new service.

ARTICLE 8 - MODIFICATION AND CANCELLATION


8.1 - Cancellation by the Client

Any request for cancellation or modification of the order by the Client must be made in writing. It may only occur with the Provider's express agreement, subject to applicable mandatory legal provisions.Where the Quote provides for payment of a deposit, this constitutes a first installment of the Service price and binds both parties; it does not constitute earnest money (“arrhes”). In the event of full advance payment, the amount paid includes the deposit provided for in the Quote, which remains identified as such for the purposes of the following provisions.Unless otherwise provided by law, the deposit remains the Provider's property in the event of cancellation initiated by the Client. Where this value exceeds the amount of the deposit, the Provider may invoice the difference; any surplus paid beyond this difference is refunded to the Client. Where the Service is complete at the time of cancellation, the full agreed price remains due.
The value of the work performed is assessed by the Provider based on the stage of progress of the Service at the time of cancellation, in particular with regard to the time spent and steps completed (for example, and without limitation: sketch, line art, coloring, final rendering).
Where a prolonged absence of response from the Client results in cancellation of the order under the conditions set out in Article 4.4, these provisions apply.The Provider reserves the right to cancel the Service in the event of the Client's breach of their contractual obligations, in particular non-payment of amounts due or failure to cooperate preventing the continuation of the Service. The financial consequences of such cancellation are determined according to the same terms.

8.2 - INTERRUPTION BY THE PROVIDER

Where the Provider is unable to complete the Service, for any cause attributable to them and outside the cases provided for in Article 11 (Force Majeure), the Provider will inform the Client in writing as soon as possible. The Client is fully refunded the amounts paid, within thirty (30) days of the notification, in accordance with Articles 1217 and 1231-1 of the French Civil Code. This refund does not give the Client any rights over the elements produced by the Provider up to the date of the interruption, which remain the Provider's exclusive property.In accordance with Article 12, the transfer of rights is conditional upon completion of the Service, the signing of the rights transfer agreement, and full payment of the amounts due; in the absence of completion, no transfer of rights or right of distribution applies to the elements produced.Any additional compensation may only be awarded if the Client provides evidence of real, direct, and certain harm resulting from non-performance, distinct from the mere absence of delivery of the Service. By way of illustration, direct and compensable harm includes an objectively demonstrated additional cost incurred by the Client to have the unperformed service carried out urgently by a third party. In accordance with Article 10, indirect or immaterial damages are excluded from this compensation, in particular loss of profits, opportunities, or data; for example, the loss of a third-party client or of a future sale presented as resulting from the non-performance does not constitute compensable harm. Notwithstanding Article 10, the total amount of compensation paid to the Client under this article is capped at an amount equivalent to the deposit set out in the Quote. If the Client fails to provide such evidence, only the refund of amounts paid as set out above is due.

8.3 - DEATH OF THE CLIENT

In the event of the Client's death before completion of the Service, their heirs may, upon presentation of proof of their status, request that the Service continue or be discontinued. In the event of discontinuation, the value of the work already performed is assessed under the conditions set out in Article 8.1, with any remaining balance paid to the estate.

ARTICLE 9 - OBLIGATIONS OF THE PARTIES


9.1 - OBLIGATIONS OF THE PROVIDER

The Provider undertakes to provide the Service professionally, in accordance with the terms of the Quote and the customs of their trade; however, this commitment constitutes an obligation of means, not of result. This means the Provider undertakes to apply their skills and expertise to perform the Service, without guaranteeing a precise or specific result, which may depend on numerous factors beyond their control.

9.2 - OBLIGATIONS OF THE CLIENT

The Client undertakes to comply with all provisions of these GTC, the Quote, and any other contractual document entered into with the Provider. In this respect, the Client undertakes in particular to:

  • Pay amounts due by the agreed deadlines;

  • Actively cooperate and honor contractual commitments so as not to hinder the proper performance of the assignment;

  • Formulate requests and expectations clearly and precisely to facilitate the proper conduct of the Service;

  • Provide, for each order, the information necessary for the proper execution of the Service, in particular: their identity and postal address, necessary for preparing the Quote and invoice; their email address, necessary for all exchanges provided for in Article 4.2 as well as for the transmission of deliverables; and their phone number, necessary for the electronic signature of contractual documents;

  • Comply with the validation deadlines for deliverables and intermediate steps, failing which the Provider's liability cannot be engaged in the event of delay;

  • Not hinder the performance of the Service through frequent or contradictory changes, except with the Provider's agreement;

  • Not use the creations made as part of the Service in an unlawful, defamatory, hateful, or discriminatory context, or one contrary to public order;

  • Not modify, distort, or misuse the creations made as part of the Service in a manner that harms the Provider's honor, reputation, or artistic integrity;

  • Not use the creations made as part of the Service within automated artificial intelligence training, generation, or exploitation systems without the Provider's prior written authorization.

The Client accepts that the creation is based on the Provider's style and artistic interpretation, subject to adjustments specified in the Quote.Any breach may justify a postponement, suspension, or cancellation of the creative Service attributable to the Client's fault. In such a case, amounts already paid remain the Provider's property.

ARTICLE 10 - LIABILITY


For Professional Clients, the Provider's liability may only be engaged in the event of proven fault directly attributable to the performance of the Service. It is limited to the amount of the Quote. The Provider shall not be liable for indirect or immaterial damages, in particular loss of profits, opportunities, or data, unless otherwise required by mandatory law.For Consumer Clients, the Provider's liability is engaged under ordinary law conditions. These GTC shall not have the effect of eliminating or reducing the Client's right to compensation for a breach by the Provider of any of their obligations. Any limitation or exclusion of liability provided for in this Article applies only to the extent permitted by law.The Client assumes full responsibility for the choices made regarding the textual and visual content included in the service provided by the Provider, as well as for its use. The Client represents that they hold the rights necessary for the exploitation of all creative elements (textual and visual) provided to the Provider as part of the assignment, and indemnifies the Provider against any third-party claim relating to infringement of rights in such elements. Upon delivery of the work, custody and material responsibility for the delivered elements fall to the Client. Under no circumstances may the Provider's liability be engaged for elements provided by the Client, or for the Client's failure to fulfill their cooperation obligations. The Client is solely responsible for any exploitation they make of the creations made as part of the Service after delivery, in particular in the event of use exceeding the rights transferred or the agreed conditions. Any unauthorized use of the creations made as part of the Service may be considered an act of infringement within the meaning of the French Intellectual Property Code.

ARTICLE 11 - FORCE MAJEURE


11.1 - Definition

Force majeure means any unforeseeable, irresistible event beyond the control of the party owing the obligation, such as a government decision, including any withdrawal or suspension of authorizations of any kind, a strike internal or external to the business, a fire, a natural disaster, a state of war, a total or partial interruption or blockage of telecommunications or electrical networks, an act of computer hacking, or more generally any other force majeure event meeting the characteristics defined by case law.

11.2 - Effects on performance

Neither party may be held liable due to a force majeure event. In the event of a temporary impediment, performance of the affected obligation will be suspended, and timeframes will be automatically extended accordingly.

11.3 - Termination in the event of prolonged force majeure

If the force majeure event lasts more than thirty (30) days, either party has the right to terminate the contract without incurring liability in this respect and without any compensation being due. In the event of a permanent impediment, the contract will be automatically terminated by operation of law; services already performed must be paid to the Provider.

11.4 - Notification to the other party

The party aware of the force majeure event undertakes to inform the other party as soon as possible.

ARTICLE 12 - INTELLECTUAL PROPERTY


12.1 - Ownership of non-transferred elements

Pursuant to Articles L121-1 to L121-9 of the French Intellectual Property Code, only the final deliverable is subject to a transfer of rights, under the conditions set out in the rights transfer agreement. Source files, working elements, creative methods, preparatory compositions, intermediate versions, technical processes, creative concepts, and know-how used by the Provider remain their exclusive property.The fact that some of these elements (sketches, working versions, intermediate steps) are shared with the Client during the Service, for validation or approval purposes, does not constitute a transfer of rights or of ownership over these elements. They remain the Provider's exclusive property and may not be kept, reused, or exploited by the Client outside this context, unless expressly agreed otherwise.

12.2 - Exploitation restrictions

Unless the Provider gives prior written authorization, the works, creations, content, deliverables, sketches, drafts, concepts, graphic elements, texts, visuals, compositions, or productions supplied as part of the Service may not be:

  • converted into NFTs;

  • recorded on a blockchain;

  • tokenized;

  • integrated into virtual worlds, metaverses, or decentralized platforms;

  • exploited within emerging technologies involving automated reproduction or distribution of the works;

  • used for training, testing, or operating artificial intelligence systems, under the conditions set out in Article 13.

12.3 - Conditions for the transfer

The Client's exploitation of the works produced is conditional upon signing a rights transfer agreement and full payment of all invoices issued (initial order and any amendments). Failing this, all productions and associated rights remain the Provider's exclusive property.

12.4 - Provider’s right of publication

Unless otherwise agreed between the parties and stated in the Quote, the Provider reserves the right to publish the final deliverable, as well as intermediate stages of creation, for purposes of communication, promotion, portfolio building, and business development, from the expiration of a period of fifteen (15) days following delivery of the deliverable under the conditions set out in Article 5. This right of publication does not include the commercialization of physical reproductions or derivative products of the deliverable, which is subject to a separate agreement.A Client who wishes to limit this right of publication may agree with the Provider, before the Quote is confirmed, on an exclusivity clause preventing all or part of the Provider's publications (for example, certain distribution channels or certain uses), for a fixed period (for example, one month from delivery) or on a permanent basis, including to extend the period referred to in the preceding paragraph. This agreement is expressly stated in the rights transfer agreement and may give rise to specific financial terms stated in the Quote.

12.5 - Client’s right of distribution

Unless otherwise agreed in writing, the Client's right of distribution is limited to the final deliverable; work-in-progress stages may not be distributed by the Client.

12.6 - Attribution of the Provider

The Client undertakes to credit the Provider's name or pseudonym whenever publicly distributing creations made as part of the Service, where the customs of the medium or sector allow it, unless the Provider grants a written exemption. This credit may appear, in particular, on digital media, social networks, publications, credits, descriptions, or communications associated with the creations exploited.

12.7 - Production by a Third Party

The Client may share the delivered file with a third party (printer, manufacturer, or fabricator) solely for the purpose of physically producing the items authorized under the rights granted to them. This third party acquires no rights over the artwork. Any modification, adaptation, or alteration of the artwork by this third party is strictly subject to the Provider's prior written consent.

ARTICLE 13 - USE BY ARTIFICIAL INTELLIGENCE (AI) SYSTEMS


13.1 - Provider’s commitment

The Provider undertakes that the creations made as part of the Service are exclusively the product of their personal work, technique, and artistic interpretation. The Provider guarantees that they do not use any generative artificial intelligence tool (for generating images, text, or any other content) in producing the creations supplied to the Client.This commitment does not prevent the Provider from using conventional digital creation aids (drawing, retouching, or compositing software), which do not constitute generative artificial intelligence within the meaning of this Article.

13.2 - Prohibition on use by the Client

Unless the Provider gives prior, express, written authorization:

  • the works, creations, content, deliverables, sketches, drafts, concepts, graphic elements, texts, visuals, compositions, or productions supplied as part of the Service may not be used, reproduced, incorporated, analyzed, exploited, or transferred within any artificial intelligence system;

  • any use for training, testing, feeding, fine-tuning, automated generation, machine learning, or algorithmic exploitation purposes is strictly prohibited;

  • the Client also undertakes not to allow any third party, directly or indirectly, to use the creations made as part of the Service for these purposes;

  • the Client undertakes not to use the creations made as part of the Service to generate works competing with the Provider's style.

This prohibition applies in particular to generative artificial intelligence tools, machine learning models, training databases, and image, text, animation, video, or derivative-content generation systems. Any unauthorized use will constitute a violation of the Provider's intellectual property rights and may give rise to legal proceedings as well as damages. No transfer of rights shall be interpreted as authorizing exploitation by artificial intelligence without an express provision to the contrary.

ARTICLE 14 - PERSONAL DATA


14.1 - Data controller and purposes

The controller responsible for processing personal data collected under these GTC is the Provider, whose identity and contact details appear in Article 19.The data collected by the Provider includes the Client's identification and contact information, information relating to the order and payment, and elements transmitted by the Client during performance of the Service. This data is processed for purposes of managing the business relationship, executing the Quote, invoicing, and complying with the Provider's legal and accounting obligations.

14.2 - Legal basis

The collection of this data is based on performance of the contract, pre-contractual measures taken at the Client's request, the Provider's legitimate interest, and the legal obligations to which the Provider is subject.

14.3 - Recipients and transfers

Data may be transmitted to technical service providers strictly necessary for the performance of the Service, in particular for invoicing, payment, and file storage purposes. Some of these providers may be established outside the European Union; any such transfer is then governed by appropriate safeguards under applicable regulations.

14.4 - Retention period

Data is retained for the duration of the contractual relationship and up to one (1) year after its end for commercial data, and for the legal period applicable to accounting and tax records.

14.5 - Rights of the data subject

The data subject has the right to access, rectify, erase, object to, and restrict the processing of their data, as well as the right to data portability. To exercise these rights, the Client must contact the Provider electronically at: [email protected]. The Client also has the right to lodge a complaint with the French Data Protection Authority (CNIL).

ARTICLE 15 - CONFIDENTIALITY


Each party undertakes to keep confidential any information of a confidential nature of which it becomes aware in connection with the performance of the Service, and not to disclose it to third parties without the other party's prior agreement, unless otherwise required by law. Confidential information includes, without limitation: the Client's commercial, financial, or strategic information; non-public elements relating to a project, work, character, or universe not yet publicly released or announced; personal data exchanged as part of the Service; and any information expressly designated as confidential by either party.Notwithstanding the publicly accessible nature of certain information relating to the Provider (in particular their address, as it appears in the legal notices, these GTC, or public registers such as the INPI), the Client agrees not to disseminate, publish, or communicate this information to third parties beyond its strictly necessary use for the performance of the Service, in particular on the internet, social media, or any medium intended for the public.

ARTICLE 16 - GENERAL PROVISIONS


16.1 ENTIRE AGREEMENT

These GTC, the Quote accepted by the Client, the rights transfer agreement, and, where applicable, the Special Conditions agreed between the parties, constitute the entire agreement between the parties. They supersede and cancel any prior exchange, agreement, proposal, or commitment, whether written or oral, relating to the subject matter of the contract.

16.2 HIERARCHY OF DOCUMENTS

In the event of a contradiction or inconsistency between the contractual documents, the parties expressly agree to the following hierarchy: the Special Conditions, where they exist, take precedence over all other contractual documents for the matters they expressly address; the rights transfer agreement takes precedence over any other contractual document for provisions relating to the scope, destination, territory, and duration of the rights transferred, as well as the exclusivity terms relating to publication and the restriction of the Provider's right of publication provided for in Article 12.4; the Quote takes precedence over the GTC for all other provisions, within the limits of its content. The GTC remain applicable for all provisions not contrary to the Quote, the rights transfer agreement, and, where applicable, the Special Conditions.

16.3 NO WAIVER

The fact that either party does not, at any given time, avail itself of any provision of this contract shall not be construed as a waiver of the right to do so thereafter. Any waiver of a right or provision shall only be valid if recorded in writing.

16.4 SEVERABILITY

If any provision of this contract is declared null, illegal, or unenforceable, in whole or in part, pursuant to a law, regulation, or final court decision, the other provisions shall remain in full force and effect. The parties undertake to replace the provision concerned with a valid provision that comes as close as possible to the original intent.

ARTICLE 17 - DISPUTE RESOLUTION


In the event of a dispute relating to the performance, interpretation, or termination of these GTC, the Parties undertake, before any legal action, to attempt to resolve their dispute amicably. To this end, the Party wishing to initiate proceedings shall send the other Party a written notice setting out the nature of the dispute and its proposed resolution. If no amicable agreement is reached within one (1) month of this notice, the Parties may, if they wish, turn to independent mediation, chosen by mutual agreement. In the event of failure, or the absence of a solution within one (1) month, the dispute may be brought before the competent court. Mediation costs will be shared equally, unless the mediator decides otherwise.Where the Client is a consumer, they may use a consumer mediator free of charge, in accordance with Article L. 612-1 of the French Consumer Code. The competent mediator, listed on the register of mediators established pursuant to Article L. 615-1 of the same Code, is SMP - Société Médiation Professionnelle (Alteritae), reachable at: 5 rue Salvaing, 12000 Rodez - www.mediateur-consommation-smp.fr.

ARTICLE 18 - GOVERNING LAW AND JURISDICTION


This contract is governed by French law. Failing an amicable resolution, disputes relating to the performance, interpretation, or termination of the contract shall be brought before the competent court, namely that of the location of the Provider's registered address, unless otherwise required by law.

ARTICLE 19 - CONTACT


Cyriel AMORY
65 CHEMIN DES BROQUETONS
84140 AVIGNON
[email protected]
06 60 52 86 23
Sole proprietorship (Entreprise individuelle) - Artist-Author - SIREN: 108 593 427

MENTIONS LÉGALES

Conformément aux dispositions de la loi n°2004-575 du 21 juin 2004 pour la confiance en l'économie numérique, il est porté à la connaissance des utilisateurs et visiteurs, ci-après l'« Utilisateur », du site cyriel.carrd.co, ci-après le « Site », les présentes mentions légales.La connexion et la navigation sur le Site par l'Utilisateur impliquent l'acceptation intégrale et sans réserve des présentes mentions légales.Ces dernières sont accessibles sur le Site à la rubrique « Mentions légales ».

ARTICLE 1 - ÉDITEUR DU SITE

L'édition du Site est assurée par Cyriel AMORY, exerçant sous le nom commercial CYRIEL ART, entreprise individuelle - artiste-auteur, immatriculée sous le numéro SIREN 108 593 427.En qualité d'artiste-auteur relevant du régime micro-BNC, l'activité est dispensée d'immatriculation au Registre du Commerce et des Sociétés (RCS) et au Répertoire des Métiers (RM). Aucun capital social n'est applicable, l'entreprise individuelle n'étant pas dotée de la personnalité morale.Adresse : 65 Chemin des Broquetons, 84140 Avignon, France
Numéro de téléphone : +33 6 60 52 86 23
Adresse e-mail : [email protected]
N° de TVA intracommunautaire : TVA non applicable, article 293 B du CGI (franchise en base de TVA)
Directeur de la publication : Cyriel AMORY
ci-après l'« Éditeur ».

ARTICLE 2 - HÉBERGEUR

L'hébergeur du Site est la société Carrd Inc., dont le siège social est situé au 231 Public Square, Suite 300, Franklin, TN 37064, États-Unis.Site internet : https://carrd.co
Contact : [email protected]

ARTICLE 3 - ACCÈS AU SITE

Le Site est normalement accessible, à tout moment, à l'Utilisateur. Toutefois, l'Éditeur pourra, à tout moment, suspendre, limiter ou interrompre le Site afin de procéder, notamment, à des mises à jour ou des modifications de son contenu. L'Éditeur ne pourra en aucun cas être tenu responsable des conséquences éventuelles de cette indisponibilité sur les activités de l'Utilisateur.

ARTICLE 4 - PROPRIÉTÉ INTELLECTUELLE DU SITE

L'ensemble des éléments constituant le Site (textes, graphismes, logo, illustrations, mises en page, structure) est la propriété exclusive de l'Éditeur, sous réserve des éléments appartenant à des tiers. Toute reproduction, représentation, modification, publication ou adaptation de tout ou partie des éléments du Site, quel que soit le moyen ou le procédé utilisé, est interdite sans l'autorisation écrite préalable de l'Éditeur.Les œuvres illustrées présentées sur le Site (portfolio, exemples de commandes) demeurent la propriété intellectuelle de l'Éditeur, conformément aux dispositions du Code de la propriété intellectuelle. Toute exploitation non autorisée de ces œuvres constitue une contrefaçon.Pour les commandes passées auprès de l'Éditeur, les modalités de cession des droits d'auteur sont exclusivement régies par les Conditions Générales de Vente (CGV) et, le cas échéant, le contrat de cession de droits d'auteur signé entre les parties.

ARTICLE 5 - DONNÉES PERSONNELLES

Les données collectées par l'Éditeur (via le formulaire de contact, le formulaire de pré-brief ou dans le cadre de l'exécution d'une commande) sont utilisées exclusivement aux fins de traitement des demandes et commandes de l'Utilisateur. Ces données sont conservées pendant la durée nécessaire à la relation contractuelle, augmentée des délais légaux de conservation applicables en matière comptable et fiscale.Conformément au Règlement Général sur la Protection des Données (RGPD) et à la loi Informatique et Libertés, l'Utilisateur dispose d'un droit d'accès, de rectification, de suppression, d'opposition et de portabilité de ses données. Ce droit peut être exercé en écrivant à l'adresse : [email protected].

ARTICLE 6 - COOKIES

Le Site, hébergé par Carrd Inc., est susceptible de recourir à des cookies techniques strictement nécessaires à son fonctionnement. Aucun cookie de mesure d'audience ou de publicité n'est déposé par l'Éditeur à ce jour. En cas d'ajout ultérieur d'outils de suivi ou d'analyse, un bandeau de consentement conforme aux recommandations de la CNIL sera mis en place.

ARTICLE 7 - LIENS HYPERTEXTES

Le Site peut contenir des liens hypertextes vers d'autres sites (réseaux sociaux, plateformes de paiement, Google Drive). L'Éditeur ne saurait être tenu responsable du contenu de ces sites tiers ni des dommages pouvant résulter de leur consultation.

ARTICLE 8 - CONDITIONS GÉNÉRALES DE VENTE

Les commandes passées auprès de l'Éditeur sont régies par les Conditions Générales de Vente (CGV), accessibles sur le Site à la rubrique « CGV », qui prévalent pour toute question relative aux modalités de commande, de paiement, de livraison, de rétractation et de cession des droits d'auteur.

ARTICLE 9 - DROIT APPLICABLE ET MÉDIATION

Les présentes mentions légales sont soumises au droit français. En cas de litige et à défaut de résolution amiable, le litige sera porté devant les tribunaux français compétents.Conformément aux articles L.612-1 et suivants du Code de la consommation, tout consommateur a le droit de recourir gratuitement à un médiateur de la consommation en vue de la résolution amiable d'un litige. Le médiateur compétent est précisé dans les CGV du Site.