Welcome to Zomentrias. These Terms of Service ("Terms") form a legally binding agreement between you ("you," "Client," or "User") and Zomentrias LLC ("Zomentrias," "we," "us," or "our"), a limited liability company registered in the State of Wyoming, United States. These Terms govern your access to and use of our website https://zomentrias.com/ (the "Site") and any AR Art, Character Art, Animation, or related creative services we provide (collectively, the "Services").
By accessing the Site, creating an account, placing an order, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy and Cookie Policy. If you do not agree, you must not use the Site or Services.
The Site and Services are intended exclusively for users who are 18 years of age or older. By using the Site or placing an order, you represent and warrant that:
Zomentrias provides digital creative services, including but not limited to:
Specific deliverables, timelines, revisions, file formats, and pricing for each commission are confirmed in a separate Project Agreement, invoice, or written order confirmation (collectively, the "Order") agreed to by both parties before work begins. The Order is incorporated into these Terms by reference.
The standard commission process is as follows:
All commissions follow a 50/50 payment structure:
Payments are processed securely through Stripe. By submitting payment information, you agree to Stripe's terms and privacy policy. We do not store full card details on our servers.
All prices are quoted in US Dollars (USD) unless otherwise specified. You are responsible for any applicable taxes, duties, VAT, GST, withholding taxes, foreign-exchange differences, or bank fees associated with your payment. Quoted prices are exclusive of such taxes and fees unless explicitly stated otherwise.
If the final 50% balance is not paid within 14 days of the delivery invoice date, we may suspend the project, withhold final files, or terminate the Order. Late balances may also accrue interest at the lesser of 1.5% per month or the maximum amount permitted by law.
Initiating a chargeback after work has begun or after files have been delivered constitutes a material breach of these Terms. You agree to contact us first at info@zomentrias.com to resolve any payment dispute. We reserve the right to pursue recovery of any wrongfully reversed payments, including reasonable collection costs.
The 50% upfront deposit is strictly non-refundable under all circumstances, as it secures your slot in our production schedule and compensates us for time reserved and work begun.
If you cancel the project after the deposit has been paid:
We reserve the right to cancel a project at any time if:
In such cases, we will refund any portion of payment received that exceeds the value of work already performed, in our reasonable discretion. The 50% deposit may still be retained where appropriate to cover work already undertaken.
Once a deliverable has been approved by you and final payment has been made, no refunds will be issued for change of mind, change of direction, or third-party feedback received after delivery.
Each commission includes two (2) rounds of revisions within the originally agreed scope, unless a different number is specified in the Order. Revisions must be:
Additional revisions beyond the included rounds are billed at our standard hourly rate, which will be communicated before any additional work is performed. Major scope changes (for example, changing the character, redesigning the environment, or adding new deliverables) require a new quote and a new Order.
We offer rush / expedited delivery on a case-by-case basis, subject to availability. Rush orders are subject to an additional rush fee (typically 25%–50% of the base project price, depending on urgency and complexity) and must be agreed in writing before work begins. Rush fees are non-refundable once the rush slot has been allocated, even if you later choose a longer timeline.
Final files are delivered electronically (via email, secure download link, or cloud storage) once the full balance has been paid.
Standard deliverable file formats include, depending on the type of commission:
Exact deliverables and formats are confirmed in the Order. Source files (such as .psd, .aep, .blend, project files) are not included by default unless expressly listed in the Order or purchased separately.
Estimated timelines are provided in good faith but are not guaranteed unless explicitly stated as fixed deadlines in the Order. Delays caused by late feedback, slow approvals, missing references, or changes to scope shift the delivery date accordingly.
We are not obligated to store, archive, or re-deliver final files indefinitely. We recommend you back up delivered files immediately. We may delete project files 90 days after final delivery.
Until you have paid the full project amount, all intellectual property in drafts, previews, sketches, work-in-progress files, and final files remains the exclusive property of Zomentrias LLC. You have no right to use, reproduce, distribute, modify, or share such materials until full payment is received.
Upon receipt of full and final payment for a commission, Zomentrias hereby assigns and transfers to you all worldwide right, title, and interest in and to the final delivered artwork — including copyright — to the maximum extent permitted by law. This means:
The following are not transferred to you and remain the property of Zomentrias unless separately agreed in writing:
To the extent permitted by applicable law, Zomentrias waives any "moral rights" in the final delivered artwork in your favor, except for the right to be credited as the original creator where reasonable.
Where reasonably possible (for example, on social media posts, public showcases, or end credits), we ask that you credit Zomentrias as the artist. Crediting is appreciated but not a strict condition of use unless specified in the Order.
Unless you tell us otherwise in writing before the project begins, Zomentrias retains the right to:
If your project is confidential, under NDA, or otherwise sensitive, you must notify us in writing before the project begins so we can document the confidentiality terms in the Order. Additional fees may apply for full confidentiality / portfolio buy-out.
You agree to:
We do not accept commissions for, and we reserve the absolute right to decline or terminate work that involves:
If we identify prohibited content in your brief or during production, we may decline the project, terminate the engagement immediately, and retain any payments received as compensation for work performed and reputational risk. We may also report unlawful content to the appropriate authorities as required by law.
Both parties agree to treat non-public information shared during the engagement (including business plans, unreleased products, characters, scripts, and personal information) as confidential and to use it only for the purpose of completing the project. This obligation survives termination of the Order. Project-specific NDAs may be agreed separately.
If you provide reference materials, audio, fonts, models, brand assets, or other third-party content for use in the project, you represent and warrant that:
You agree to indemnify and hold Zomentrias harmless from any claims arising out of materials you provide.
You agree not to:
We may suspend or terminate your access to the Site at any time for violation of these Terms.
If you create an account on the Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at info@zomentrias.com of any unauthorized access. We are not liable for any loss arising from your failure to safeguard your account.
To the maximum extent permitted by law, the Site and Services are provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. We disclaim all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.
We do not warrant that:
To the maximum extent permitted by law, Zomentrias LLC, its members, officers, contractors, and affiliates shall not be liable for any:
Our total aggregate liability to you arising out of or relating to the Services, regardless of the cause of action (whether contract, tort, statute, or otherwise), shall not exceed the total amount actually paid by you to Zomentrias for the specific Order giving rise to the claim in the six (6) months preceding the event.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Zomentrias LLC and its members, officers, contractors, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:
These Terms remain in effect for as long as you use the Site or have an active Order with us. We may suspend or terminate your access at any time, with or without notice, for any breach of these Terms or for any other reason in our reasonable discretion. Sections that by their nature should survive termination (including IP rights, payment obligations, confidentiality, disclaimers, limitations of liability, indemnification, and governing law) will continue to apply.
Neither party shall be liable for any delay or failure to perform caused by events beyond reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, pandemic, government action, internet or power outages, cyberattacks, or other force majeure events. The affected party will use reasonable efforts to resume performance as soon as practicable.
These Terms and any Order, and any dispute arising out of or relating to them, are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict-of-laws principles.
You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Sheridan County, Wyoming, or the appropriate Wyoming courts having jurisdiction, and you consent to the personal jurisdiction of those courts.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
To the extent permitted by law, you agree that any dispute will be resolved on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.
We may update these Terms from time to time. When we make material changes, we will update the "Last Updated" date at the top and, where appropriate, notify you through the Site or by email. Your continued use of the Site or Services after changes take effect constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Services.
For questions, concerns, or notices regarding these Terms, please contact:
Zomentrias LLC 30 N Gould St STE 21514 Sheridan, WY 82801 United States
Email: info@zomentrias.com Phone: +1 307 310 3890 Website: https://zomentrias.com/