Terms of Service

1. Introduction and Acceptance of Terms

Welcome to Scratch. By accessing or using our platform, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use our services.

Scratch is a platform that connects artists with clients seeking commissioned artwork. We facilitate these transactions but are not a party to the agreements between artists and clients.

2. User Accounts

To use certain features of Scratch, you must create an account. You agree to:

• Provide accurate and complete information when creating your account
• Maintain the security of your account credentials
• Promptly notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

You must be at least 18 years old to create an account and use our services.

3. How Scratch Requests Work

Scratch operates on a simplified commission model designed to respect artists' creative freedom while providing clarity for clients.

Creative Interpretation

When you submit a request, you are inviting an artist to interpret your idea in their own style. Artists are not required to follow your request exactly. The final work reflects the artist's creative judgment, and this is a feature of the platform, not a limitation.

No Revisions

Scratch requests do not include revision rounds. Once an artist delivers their work, the commission is complete. You cannot request changes, corrections, or alternate versions through the platform.

No Quality Disputes

By submitting a request, you accept that you cannot dispute the quality, style, accuracy, or completeness of delivered work. If an artist accepts your request and delivers a finished piece, the commission is considered fulfilled regardless of whether the result matches your expectations.

Delivery Timeframes

Artists set estimated delivery windows, but these are not guarantees. You may not specify, request, or imply deadlines in your request, including references to birthdays, events, anniversaries, or other time-sensitive occasions. Requests containing deadline pressure may be declined or removed.

Artist Discretion

Artists may decline any request for any reason without explanation. Artists may also ask a single question to clarify details before deciding whether to accept your request.

Usage Declaration

When you submit a request, your declared usage tier (personal or commercial) is binding. You cannot change your usage declaration after delivery. If your needs change after receiving the completed work, you must arrange new terms with the artist outside of Scratch.

4. Submitting Requests

Request Content

Your request should include everything the artist needs to understand your idea. This includes:

• Character descriptions or concepts
• Mood, setting, or composition ideas
• Reference images (as URLs only)
• Your intended use, including whether you require commercial rights (if the artist accepts commercial-use requests)
• Any usage intentions beyond personal use (see Section 6)

Do not include links to external documents (Google Docs, Notion, etc.) or promise to send additional information later. Everything must be contained in the request itself.

Reference Materials

Include reference images as direct URLs in your request text. References should be hosted on publicly accessible platforms (Twitter/X, Imgur, your own website, etc.). Artists are not obligated to view or use your references.

Request Visibility

Request text may be visible to other users on the artist's profile alongside the delivered work, unless the artist chooses to keep deliveries private. Do not include sensitive personal information in your requests.

5. Communication

On-Platform Communication

All communication related to a request must happen on Scratch. This includes:

• The initial request submission
• Any clarifying question from the artist (optional, artist-initiated only)
• Your response to a clarifying question
• Delivery of the completed work

Prohibited Communication

You may not contact artists outside of Scratch regarding any Scratch request. This includes:

• Discussing requests via DM, email, Discord, or any other channel
• Asking about pricing or availability before submitting a request
• Following up on pending or in-progress requests
• Requesting changes or expressing dissatisfaction after delivery

Violation of communication rules may result in immediate account suspension.

Exception for Non-Scratch Business

You may communicate with artists outside Scratch for matters unrelated to Scratch requests, including arranging commissions through other platforms or services.

6. Usage Rights

Default License (Personal Use)

Unless a commercial-use agreement is in place, every delivered commission comes with a personal, non-commercial license. You may:

• Use the work as a social media avatar or profile picture
• Post the work on your personal social media accounts (with credit to the artist)
• Use the work as a personal desktop or phone wallpaper
• Print the work for personal, non-commercial display (not for sale)

"Personal use" means any use that does not directly or indirectly generate revenue.

Commercial Use

Some artists accept commercial-use requests. If an artist offers a commercial-use option, you may select it when submitting your request. Commercial use is subject to the artist's commercial pricing, which may differ from their personal-use pricing.

By selecting commercial use and submitting a request, you enter a binding agreement to use the work only within the scope of the commercial license granted. Commercial rights do not include ownership of the underlying copyright, which remains with the artist.

What's Never Included

Regardless of your use tier, the following are never permitted:

• Transferring, sublicensing, or reselling the work or any rights to it
• Removing or obscuring the artist's signature or watermark
• Using the work for AI training, NFTs, or blockchain-related purposes
• Creating derivative works without the artist's explicit permission

Artist Rights

Artists retain full copyright to their work. Artists may:

• Display the work in their portfolio
• Post the work on their social media
• Use the work for self-promotion
• Include the work in artbooks or print collections

You may request that an artist keep your commission private, but artists are not obligated to agree.

7. Payments and Refunds

Payment

All payments are processed through our secure payment provider. Payment is collected when you submit your request and held until the commission is completed or cancelled.

By making a purchase, you agree to:

• Pay the full amount at the time of request submission
• Provide accurate payment information
• Authorize charges to your payment method

Automatic Refunds

You're eligible for a full, automatic refund in these cases:

• The artist declines your request
• The artist doesn't respond within 30 days
• The artist doesn't deliver a finished piece within 60 days of accepting your request. This is a binding deadline; if it passes without delivery, the commission is cancelled and your payment is refunded

Refund Timeline

Refunds are typically processed within 5-10 business days of cancellation. In some cases, depending on your payment method and financial institution, refunds may take up to 30 days to appear in your account.

No Refunds After Delivery

Once an artist delivers completed work, refunds are not available. The service has been rendered, and as outlined in Section 3, you cannot dispute the quality or content of delivered work.

Disputes

If you believe a request was cancelled in error or have questions about a refund, contact our support team. We cannot mediate disputes about creative decisions or subjective quality.

Fees

There are no subscription, listing, or upfront fees. Scratch charges fees only upon completion of a commission, deducted from the artist's payout.

Domestic (US-based) artists

• Platform fee: 5% of the commission amount
• Payment processing (Stripe): approximately 2.9% + $0.30
• Withdrawal fee: none
• Refund processing fee: none

International artists

• Platform fee: 5% of the commission amount
• Payment processing (Stripe): approximately 2.9% + $0.30
• International payout fee (Stripe): 1.5–2.5%, varies by country
• Withdrawal fee: none
• Refund processing fee: none

All fees are deducted from the total amount received from the client. Artists can review the exact fee breakdown when accepting a commission.

Commercial-use requests may carry a higher price set by the artist. The offer amount you see at checkout reflects the use tier you selected.

Artists receive their payout after delivering completed work. With daily payouts enabled, funds are paid out each business day after Stripe's settlement period (2 business days in the US, 3 business days in Canada/EU). Your first payout may take 7-14 days while Stripe verifies your account.

8. Artist Services

Artists on Scratch offer commission services as independent contractors. They are not employees of Scratch, and we do not control or direct the manner in which artists complete their work.

Artists set their own:

• Pricing
• Availability and request limits
• Content they will or won't create
• Estimated delivery timeframes
• Whether to accept or decline specific requests

9. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the intellectual property rights of others
• Submit requests for illegal, harmful, or prohibited content
• Harass, abuse, or threaten other users
• Attempt to circumvent our platform to avoid fees
• Create multiple accounts for fraudulent purposes
• Use automated systems to access or interact with the platform
• Contact artists outside the platform regarding Scratch requests
• Pressure artists about delivery timelines
• Dispute or complain about the quality of delivered work
• Misrepresenting intended use to avoid commercial pricing

We reserve the right to suspend or terminate accounts that violate these guidelines without prior notice or explanation.

10. Content Guidelines

All content on Scratch must comply with our content guidelines. Prohibited content includes:

• Content depicting minors in sexual, romantic, or inappropriate situations
• Non-consensual content or content depicting real people without their consent
• Content that promotes hate, violence, or discrimination
• Content that infringes on others' intellectual property
• Spam, scams, or misleading content
• AI-generated artwork (see our Content Policy for details)

Artists may set their own additional content restrictions for their commissions.

11. Limitation of Liability

Scratch provides the platform "as is" without warranties of any kind. To the fullest extent permitted by law:

• We are not liable for disputes between artists and clients
• We are not responsible for the quality, style, or timeliness of artist work
• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the fees you paid to us in the past 12 months

12. Indemnification

You agree to indemnify and hold harmless Scratch, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of the platform, your violation of these Terms, or your violation of any third-party rights.

13. Changes to Terms

We may update these Terms from time to time. We will notify users of significant changes by posting a notice on our platform or sending an email. Your continued use of Scratch after changes become effective constitutes acceptance of the updated Terms.

14. Termination

We may suspend or terminate your account at any time for violations of these Terms or for any other reason at our discretion. Upon termination, your right to use the platform ceases immediately. Provisions that by their nature should survive termination will remain in effect.

15. Governing Law

These Terms are governed by and construed in accordance with the laws of the United States. Any disputes arising from these Terms or your use of Scratch will be resolved through binding arbitration, except where prohibited by law.

16. Contact Information

If you have questions about these Terms or need to contact us for any reason, please reach out to our support team through the platform or email us at support@scratch.art.