DIEGATUS STUDIOS COMMISSIONS COMMISSIONS POLICY

1. To clarify terms used in this policy, you should know that the following words refer to:

2. You will be able to follow the progress of your commission through personalized emails and/or messages that follow a phased scheme called your commission process, which you can find in detail in chapter II, article 1.

3. Orders are agreed through a contract called commission form between the client (you) and Diegatus Studios Commissions. The moment you receive the form and wish to continue with the order by replying to the message sent to you, you accept the policy described in this and the following chapters.

4. If you have any questions, you can contact Diego Valero, Diegatus, using the contact details in the ANNEX – Contact and Information.

1. The execution of your commission follows a scheme called your commission process, which works in the following order:

1. To start your project after receiving the commission form:

1. Once the initial payment has been made, if you decide to cancel the commission, and consequently, the project before it starts, that is, before Diegatus Studios confirms that you have read the notification sent to you about the start of the project (phase 4: Full speed ahead! (chapter II, article 1.4)) by any means, the full amount of the payments made up to that point will be refunded.

2. If you cancel the commission before 24 hours have passed since the confirmation of reading the notification of phase 4: Full steam ahead! (chapter II, article 1.5), the full amount of the payments made up to that point will be refunded. If you cancel after the first 24 hours, the refund will be up to a maximum of 75% of the payments made up to that point.

3. If your project is “with pre-production” (chapter II, article 1.5.a), once this phase has passed and you have been notified of it through the phase 5: Waiting for your approval... (chapter II, article 1.6), you have a 48-hour window from the confirmation of reading of the notification to maintain the 75% refund in case of cancellation. After 48 hours, no refund of the payments made up to that point will be made.

4. If your commission moves to phase 6: In process (chapter II, article 1.7) (applies to any project) or further, and you cancel it, no refund will be made for any payments made up to that point.

You can check a summary of the refund percentages in the following table:

*Commission process.
**Time windows start counting from the moment the notification or message read confirmation is received.

1. All projects (except comics, 3D modeling and all in graphic design and animation) will be made with a simple color background, unless you specify otherwise.

2. All commissions will be delivered by e-mail. Physical format is not available.

3. The final project or work will be exported from the software in which it was made to standard formats with the chosen profile color. Depending on the commission type, it will always include the next formats:

1. Diegatus Studios Commissions only provides projects in digital format.

2. Diegatus Studios reserves the right to accept or decline any commission at any of the services it offers. Sorry for any inconvenience.

3. Once the payment has been received and confirmed, and the final project has been sent, Diegatus Studios is exempt from any responsibility or costs regarding the processing and treatment of such file/s. Diegatus Studios does not accept file/s returns. For more information about cancelations and refunds, see chapter IV – Projects cancelation and refunds.

4. The data provided for these commissions will not be used for any purpose other than for the Diegatus Studios Commissions department. These will be kept in the Diegatus Studios files only as a reference during the commission process and for future consultations regarding new commissions or if you request it. You can consult how your data is treated in the privacy policy. For any questions or problems, you can write to Diego Valero, Diegatus, using the contact details that you will find in the ANNEX – Contact and Information.

1. Once the project is completed and delivered, Diegatus Studios will at all times retain the intellectual property of the entire work, both from the original media and/or materials (not those provided, only those created) to the final work, which includes the right of paternity (recognition of the original author) and integrity (right not to modify the work without consent from the author), but you have the unlimited right to apply it to exploitative uses that include products, editorials and/or promotional uses. These rights DO NOT INCLUDE direct uses related to obtaining economic benefits or lucrative purposes for yourself or third parties using the work as an object, such as COMMERCIAL, RESALE, NFT and/or CRYPTOCURRENCIES or other BLOCKCHAIN ​​technology, unless we have previously agreed to it, appearing marked as such under the description section of the commission form. You can request to obtain some of these rights or the full and total intellectual property and use rights to own the work through the contact information that you will find in the ANNEX – Contact and Information.

2. If the request for use of some of the rights described in chapter VII, article 1 is approved, this does not imply that you have full and total rights over the assignment, but only those granted through the request. In order to possess full and total rights of ownership and use, it is necessary to carry out a transfer of authorship.

3. If you don't request a transfer of authorship or if it is requested and rejected, Diegatus Studios will indefinitely maintain the full and total rights of ownership and use, including, apart from those described in chapter VII, article 1 (allowing included and not included), self-promotion and redesign, in the name of its representative Diego Valero Arévalo.

4. If you request the use of some rights or the transfer of authorship, prior approval of the request, this will entail extra charge/s outside the commission budget (if they have not already been included in the commission form, have been expressly noted and itemized), which, in order to be made effective, a document that authorizes and proves the agreement between the two parties will be sent to you.

5. At the time a transfer of authorship is carried out, Diegatus Studios is free of any right or claim on the commission and the project, preventing it from being used without prior consent of the new holder of the rights thereof.

6. Regarding works that use third-party media and/or material that has not been created by you or Diegatus Studios, and which contains copyright:

1. The use of audiovisual media and/or materials created through generative artificial intelligence (hereinafter, GAI) as final resources is restricted by Diegatus Studios, in support of the defense of the arts and the creative sector and industry. This includes any image, video, and any type of audio. Despite the contradiction, if you wish and insist that your project use media and/or materials created by GAI, you must provide said media and/or materials yourself.

2. Diegatus Studios Commissions, for its part, refuses to use any GAI tools to incorporate the generated output product(s) into the final project. This does not mean that Diegatus Studios Commissions cannot use IAG tools to assist in the commission process if necessary to generate, for example, drafts or models. In any case, the generated output would only be used as a reference or modified by humans to create a valid resource.

3. You should be aware that any part of the project that uses GAI-generated media and/or materials may be vulnerable to third-party copyright infringement due to the way these tools train their models. Furthermore, these media and/or materials may not be eligible for intellectual property registration as they do not meet the requirements of human authorship.

4. Diegatus Studios is not responsible for any results, impacts, or infringements arising from the use of GAI-generated media and/or materials in the project, provided that such use has been expressly requested or authorized by you and that the media and/or materials have been provided directly by you.

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