TERMS OF SERVICE AND CONDITIONS

Introduction

Café com Pôneis is a micro-business Company and trademark owned by Guilherme L. B. (also known by the social/fantasy name 'Calena' and/or 'Calenita') and registered under CNPJ 32.611.338/0001-76 in the city of Irati, state of Paraná, Brazil.

Café com Pôneis aims for the production and services of art, illustration, design and animation projects, as well as other creative services for Our Clients.

We always want the best for Our Clients and We hope all negotiations can go just right, but We reinforce here that We cannot guarantee Your total satisfaction and happiness over one or more of Our services. We expect the Client can presume the results by the examples We already have available at Our Website and Our Social Media. You can always talk to Us and send questions through Our email in case of doubts, suggestions, compliments, critics, or anything else You want to say to us.

Definitions

Term or Terms: This digital document — Café com Pôneis' Terms of Service.

You, User(s), Client(s), Your(s) and Visitor: You, user, Client, and/or visitor, whether personally or on behalf of an entity.

We, Us, Our, Company and Café com Pôneis: The Company Café com Pôneis as a whole.

Commissioned Art Service and/or Services: Any services available by Café com Pôneis, including art and animation commissions, images, prints, downloadable files (with digital artworks), adoptables, Your Character Here auctions (YCH), and other art related services.

Website or Site: Café com Pôneis' Website at https://cafecomponeis.com and all pages and subpages from this domain.

USD and BRL: United States Dollar and Brazilian Real currencies respectively.

YCH and Adoptables: 'Your Character Here' and 'Adoptables' auctions, explained in the respective section below.

Social Media: Our Social Media links: Discord, DeviantArt, Artstation, Patreon, Instagram, Twitter/X, Facebook, PicartoTV, and YCH.art.

About Prices

We don't charge for hours of work. Instead, We give a briefing — which is most of the time free of charge — on the idea provided by the Client with a sketch. After this, We calculate a fixed price based on the information You left Us during the Pre-Order Request step and Our experience with previous Commissioned Art Services. The price range can go from very cheap (around $10 USD for a sticker/emoji art, for example) to a very expensive one (around $1000 USD for a fully detailed and animated splash art or more), depending on what is requested.

If You're in doubt, don't hesitate to ask Us through email or even do a Pre-Order Request, as We can negotiate during the process and see for how much We can do it for You.

We do not do sketches for free: it costs Us time, studies, effort, and maintenance of Our tools. However, You can stay tuned and check whenever We offer some raffles, good promotions, and discount offers on Our Website.

Commissioned Art Services Request and Process

In order to request a Commissioned Art Service, You need to be 18 years old or of legal age of majority in Your jurisdiction (whichever is greater), OR have the express written permission from Your parents or legal guardians.

The request for a Commissioned Art Service normally goes through the following process:

(1) Pre-Order Request;
(2) Analysis and Prepayment;
(3) Sketching Process (In Progress);
(4) Final Process;
(5) Post-Processing.

Keep in mind We are not strict to this process: depending on what has been requested, We can skip parts to save time and unnecessary effort from both parts.

We reserve the right to interpret Your request in Our own style. This includes things like tweaking colors a bit and possibly adjusting markings to better fit the art language We use. In no case will We change things so much that a character is unrecognizable, and We will keep specifics like a certain number of spots or stripes the same, especially if they are important identification marks on Your characters.

Please be aware that most of Our Commissioned Art Services are shared on Our Social Media, Website, Patreon page, and other places. If You want it to be entirely private, let Us know beforehand.

We recommend during this process that the Client be specific about the idea and feeling the Client wants for the Commissioned Art Service, as We can do it faster and with more precision this way.

Pre-Order Request

The Pre-Order Request is the first initial and most important step, where You (the Client) have read and agree with Our Terms of Service (described here in this document), and fill up the Café com Pôneis' Commissioned Art Service Request Form, providing Us the information about the desired art service You wish and selecting one or more ways We can communicate with You.

It can take a long time for Us to analyze Your Pre-Order Request, especially if there are too many being sent to us, or if there are pending Commissioned Art Services for Us to complete. For these reasons, We ask You to be patient. The sooner You make Your Pre-Order Request, sooner We will check and go forward with Your request.

Analysis and Prepayment

During this step, We analyze the information sent by You during the Pre-Order Request step, and then We check if it is good and viable for Us to proceed. The viability depends on many different factors and We reserve all rights to cancel a Commissioned Art Service if it is, in any way: problematic, confusing, strange, with lack of information, or any other problem that might occur. In most situations, We will send an email back explaining why it is canceled, but We reserve the right to not talk about it.

If it is good and viable for Us to do it, We will get in contact with the Client to confirm their information and ask questions in regards to the Commission Request. We will also send an invoice that needs to be paid in order for Us to continue.

For most Commissioned Art Services, with the information sent during the Pre-Order Request step, it is possible that We already go forward and send a free sketch for the Client to approve during this step.

If the invoice takes more than 3 days to be paid, the Commissioned Art Service request can be canceled. If that happens, the next one on Our waiting list will have priority. The Client can respond to Us via email in case there are any other questions before payment, and We will try Our best to enter into an agreement.

Sketching Process (In Progress)

After the invoice is paid, the Commissioned Art Service will be considered 'In Progress' and We will proceed to the Sketching Process. Depending on the complexity of the Artwork, it can go straight to the Final Process (when it's something simple and/or easy for Us to do) or go with the following steps:

- We will do one or more rough sketches based on the information given by the Client, and give the Client the option to choose one or more.
- With the rough sketches delivered and the Client agreement on it, We will proceed to the Final Process.

If the Client does not agree and/or not like any of the rough sketches, We can either cancel the Commissioned Art Service by doing a refund about the work that was not done, OR charge extra money to repeat the Sketching Process again.

Final Process

Here, We will go from approved sketch to final artwork while trying Our best to keep in mind all the information sent by the Client. We might show the Client a bit more of the process during this part and ask for feedback on the art direction.

Post-Processing

Right after the Final Process, this is the very end part of a Commissioned Art Service, where We will share all the digital art files as well as other file formats when possible.

The files will be uploaded and stored on a trustworthy storage center like DropBox and/or Google Drive and shared with the Client for at least 1 year of guarantee. After that, the files might be deleted for space consumption. It is the Client's responsibility to save all the files and keep it safe with backup for its own protection.

If requested by the Client and is in Our possibility, We will resend the files again.

Landscape and Portrait artworks are usually made on an A3 size format (420mm x 297mm) with 400 dpi (6614x4677 pixels). Stickers are 500x500 pixels, and emojis are 50x50 pixels.

If the Client asks for new file formats and original files (such as .psd, .sai), as well as extra files (with color change, light change, with and without clothing, glasses, etc.) or different sizes, it might cost extra depending on what is requested.

For most Commissioned Art Services, what We deliver are a preview version (smaller resolution .png file to be shared on Social Media, around 2MB) and one big full resolution artwork in .png format (around 20MB).

After the post-processing step, We might still do minor changes for free, prioritizing quality. If We do, We will let the Client know.

Almost every Commissioned Art Service will be posted on Our Social Media and/or Website. You can post them in Your Social Media as well, as long as You don't sell it or credit it as Yours. We can also decline to post it for any reason.

Also, sometimes We do live streams on PicartoTV and We certainly can showcase the process of Your Commissioned Art Service request over there. If You don't want Us to make it public, please let Us know as soon as possible.

Important Notes on Changes

The Client is free to ask for at least two (2) small/minor changes without having to pay any extras (like changing a necklace's color, eye color, expression, adding simple photo filters, etc.), but We will charge extra for bigger/major changes (like adding cloth to a character, changing poses, etc.), especially if the drawing is near completion. If these changes are not paid, We will complete the Commissioned Art Service on an as-is basis and refund any amount of work that was paid but not done.

If it is Our mistake (Café com Pôneis has missed a detail that was told by the Client), We will go back and fix any problems without charging any extra.

If You wish to send free tips and/or donations, We kindly ask You to do so over Our Patreon page.

Payment Options

Payments for any Services are made via PayPal, PagSeguro, or via Pix code (for Brazilian Clients). The most common way is by sending an invoice through Our email via PayPal, and the currency We often use is USD (United States Dollar) and BRL (Brazilian Real).

Clients have the following payment options:
- Pay the total amount upfront;
- Or, in case a Commissioned Art Service is too complex and/or detailed and/or goes beyond $250 USD, they can pay half for Us to begin and the other half during the Final Process.

During the process, We may charge extra, especially if We feel it's going to take more time and/or effort than usual. If the Client refuses to pay for the change, We will cancel the Commissioned Art Service, deliver the work as is, and refund only the part of the payment that We did not make.

After receiving an invoice, the Client has 3 days to complete the payment. If not made within this time, the invoice will be taken back and the slot will be released to the next customer. This is unless there is an emergency on the side of the Client, of which We have been informed and We have come to an agreement.

About YCH and Adoptables Auctions

A 'Your Character Here' (YCH) auction is where We showcase a premade pose, concept or idea drawn by us. Clients bid, and the winner can choose a character of choice to replace the one(s) We did, with the same pose and/or concept.

'Adopts' or 'Adoptables' are auctions where We showcase a brand-new original character made by us. Clients bid, and the winner will have possession of that character but not all copyrights for it.

Both YCH and Adoptables auctions follow the same process as a Commissioned Art Service with very few differences: We will not do huge changes over the premade pose and/or character and/or concept.

Fake and hiding bids are NOT allowed. If You are bidding, We assume You have the money to pay for it. Hiding bids is also forbidden. Bidders hiding their bids (without contacting Us before) or that have been proven to cheat, will be blacklisted and blocked from further art opportunities.

Empty accounts or recently made accounts are (most of the times) forbidden from taking part in auctions or will be asked to verify their buyer credibility. If the winning bid is hidden, declined or otherwise disproven, the winning bid will be changed to the next highest bid.

Other rules shall be stated on the YCH and/or Adoptables auction's description where they are announced.

About Artworks created with assistance of Large Language Models (AI)

Some artworks offered by Us may involve partial assistance from Large Language Models (LLMs) — popularly known as Artificial Intelligence (AI) — as part of the internal creative workflow. These models are used exclusively as auxiliary tools to support tasks such as generating early-stage concepts, developing reference compositions, exploring stylistic options, or accelerating technical steps (e.g., cleanup, color testing, or layout previews).

At no time does any LLM or AI tool independently or autonomously generate final deliverables. All final content undergoes full manual curation, refinement, and approval by Café com Pôneis and Our human artists.

We emphasize and affirm that:
- Every final artwork is the result of human authorship. All narrative, visual, compositional, and stylistic decisions are fully conceived, evaluated, and executed by us.
- Our use of LLMs and AI tools is conducted in accordance with applicable copyright and intellectual property laws.
- We do not and will never use LLMs or AI tools to intentionally replicate, imitate, or infringe upon any identifiable person, character, brand, or existing intellectual property.

By commissioning or purchasing any artwork from us, the Client explicitly acknowledges and agrees that:
- The optional or partial use of AI tools does not diminish, invalidate, or compromise the originality, authorship, copyrightability, or artistic merit of the final product.
- We retain full and exclusive authorship, ownership, and intellectual property rights over all artworks created and delivered.
- The Client irrevocably waives any right to claim that a work is not authentic, original, or legally protected solely due to the presence or absence of any AI-assisted step during the creative process.
- The Client further agrees not to dispute, misrepresent, or facilitate any challenge to Our authorship, ownership, or creative integrity on the basis of partial AI usage.
- The Client agrees to indemnify and hold harmless Café com Pôneis, its owner, and its affiliates from any claim, demand, loss, liability, damage, or expense arising out of or related to any dispute, controversy, or legal action concerning the use of AI tools in the creation of the commissioned artwork.

This clause survives termination or completion of any agreement between the Client and Café com Pôneis. If you do not agree with these terms, please inform us before commissioning or purchasing any artwork.

Cancelation and Refunds

If the Client decides to cancel the Commissioned Art Service, We will issue a refund equivalent to the amount of work NOT done by us. We ask that, if You need to cancel, You let Us know about it as soon as possible. Dropping communication instead of formally canceling will disrupt financial and time planning and is generally disrespectful.

We reserve all rights to cancel a Commissioned Art Service for any reason if it is, in any way: problematic, confusing, strange, with lack of information, containing harassment, poor and/or inappropriate conduct, or any other problem. In most situations, We will send an email back explaining why, but We reserve the right not to explain. If We are in the middle of a process, We will issue a refund equivalent to the work NOT done.

If, by any reason, a Client persists in harassing Us or making unnecessary jokes, sending emails asking why We have canceled or why it is taking so long, or anything similar which We might consider harassment or equally disturbing, We reserve all rights to block and blacklist this Client and cease to offer Our services.

Turnaround

Depending upon Our schedule, health, workload and the complexity of the commission, turnaround may range from a few days to a few weeks. In the event that We are unable to finish Your commission within a month, We will email You an update containing the progress We have made and/or the date We plan to finish. More frequent inquiries as to the status of Your commission are also welcome, as long as it is not too repetitive or annoying. Feel free to check in after a week, if You'd like!

You can request for Your commission to have priority over others at an additional cost of approximately 15% of the commission's total value. If You need a picture finished by a certain deadline, please specify that in Your Pre-Order Request. More time is always better, especially if the commission is a large one. We may accept rush orders for a turnaround of one week or less, but this is entirely at Our discretion and such orders may be subject to a surcharge.

About Artworks with Shocking Graphic and Adult Content

If the Client specifies that the artwork should include elements that may be considered explicit, provocative, morally sensitive, or socially controversial — including, but not limited to: artistic nudity, erotic scenes, graphic or symbolic violence, religious or political iconography, or depictions of ideologies, behaviors, or events that may trigger public debate — the Client explicitly acknowledges and accepts the following conditions:

Right of Refusal: Café com Pôneis reserves the unrestricted right to review, decline, or cancel any commission request, at any stage of production, and at its sole discretion — especially if the content is deemed to conflict with the company's values, local or international law, or the ethical boundaries established by the company's creative team.

Identity Verification: For projects involving highly sensitive or restricted content, Café com Pôneis may request valid identification and/or additional information from the Client before proceeding, in order to verify age, intent, legal compliance, and the legitimacy of the commission. Refusal to provide such information may result in the immediate suspension or cancellation of the request.

Discretion and Restrictions on Public Disclosure: If the project is accepted and completed, the Client agrees to exercise discretion and responsibility when sharing or publicly displaying the artwork, especially if the content may be sensitive, offensive, or harmful to specific audiences. Any public association of the content with Café com Pôneis must be expressly authorized in writing by the Company beforehand.

Client's Full Responsibility: By proceeding with a commission involving sensitive or controversial content, the Client accepts full legal, moral, and social responsibility for the implications, reception, distribution, and interpretation of the resulting artwork. Café com Pôneis shall be considered a technical executor of the Client's creative direction and shall not be held liable for any consequences arising from the content's creation, publication, or distribution.

Copyright, Rights & Distribution

All of Our Commissioned Art Services are intended for PERSONAL USE ONLY. We retain all copyrights for the content We create. For commercial purposes, You need not only a written permission but a license (a contract between You and us).

About Adoptable auctions (Adopted Characters): We still retain copyright as original creators and designers of the Adopted Characters. We will share with the Client a written permission to use the character, claiming that the Client is the owner of the adopted character and that We are the designers who have created it. The characters from Adoptable auctions are still intended for PERSONAL USE ONLY.

Please never claim Our designs as Your own. If We designed a character for You, remember to credit Us as the designer.

We usually share the Commissioned Art Services results in a smaller preview version on Our Social Media. You are permitted to share Our posts with proper credit to us.

All of the texts, images, graphics, animations, videos, music, sounds and other materials We produce are protected by copyright and belong to Café com Pôneis, Our subsidiaries, affiliates and licensors. They cannot be copied, reproduced, modified, published, posted, transmitted or distributed in any way without prior consent and written official authorization from Café com Pôneis.

Privacy Policy

You can read Our entire Privacy & Security Policy on Our Website. In summary, We consider the information You send to Us as extremely important, and for that matter We will maintain it as secure as We can and use it only for the purpose of doing a Commissioned Art Service for You. We will never share Your information with anyone else, except if requested by law enforcement.

Please be aware that We are not responsible for the privacy practices of third parties (such as Google, since the Pre-Order Request form is through Google Forms). We recommend that You do NOT, in any circumstances, share valuable personal information (for example: Credit card number, Passport number, a photo of You, etc.) through the Pre-Order Request form or any means of contact We use for the process.

If You are concerned about how Your personal information is used, You can contact Us via email: calena@cafecomponeis.com.

Limitations of Warranties and Liability

The services offered and/or made by Café com Pôneis are on an 'as is' basis. We CANNOT guarantee other warranties or conditions, express or implied, including, but not limited to, satisfactory quality, warranties of merchantable quality, merchantability, or fitness for a particular purpose.

The entire risk as to the results and performance of Our services and products is assumed by You. We shall not have any liability to You or any other person or entity for any indirect, incidental, special, or consequential damages whatsoever, including, but not limited to, loss of revenue or profit, lost or damaged data, other commercial or economic loss, or moral or emotional damage, even if We have been advised of the possibility of such damages.

We are also NOT responsible for claims by a third party. This limitation applies to the maximum extent permitted by the law of any applicable jurisdiction.

We believe Our security steps are at least as stringent as Yours would be. As a matter of practical business necessity, We cannot be responsible for any damage caused by any problems that may arise as a result of Your or anyone's use of Our services and/or products, whether or not We are at fault, unless such problem is caused by Our intentional misconduct. We urge You to back up Your data to one or more safe places to minimize the scope of any damage that could occur.

Applicable Law and Elected Forum

All items from these Terms are governed by the law in force in the Brazilian legal system and jurisdiction. For all matters relating to interpretation, compliance, or any other question related to these Terms, the parties (You and Us) agree to submit to Paraná's District Court, TJPR (Tribunal de Justiça do Estado do Paraná).

Terms of Service Update

This Terms of Service will be updated and changed without any prior warning, in case to complete any breach, issues, complaints or problems it can have, and to be more clear and understandable if needed. For that reason, We recommend You to check these Terms frequently.

For any suggestions, complaints, issues, compliments or other interests, You can always contact Us via email (calena@cafecomponeis.com).

Contact and Inquiry

Whenever You have a problem, or just wanna ask questions, make suggestions, compliments, critics, or anything else in relation to us, the best way to contact Us is via email: calena@cafecomponeis.com. You can also send messages through DiscordApp (@cafecomponeis).

We generally do not accept correspondence via note on DeviantArt, Twitter/X, Artstation, Instagram or other Social Media unless technical difficulties prevent emails from getting through. This is to keep things in one easily-searchable place.

We hold correspondence in English or Brazilian Portuguese only.

We prefer to not take any orders from empty/extremely new accounts to avoid risking serving blacklisted Clients.

Thank You for reading. If You have any doubt about Our services, feel free to contact Us at: calena@cafecomponeis.com.