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Can’t we be sued by a famous game company for using this kind of sprite ?

TDSM itself does not impose any licensing restrictions on the use of art created in the program, but individual sprite styles may.

TDSM doesn’t come with the Pokémon sprite styles by default. They are separate free downloads. [Gen. III] [Gen. IV]

The Pokémon sprite styles are adapted from art that is the copyright of The Pokémon Company, so you should avoid using them for commercial projects.

There are sprite styles available for TDSM that do not have any licensing restrictions, like Time Elements and Puny Characters. I am also working on a sprite style with original art that will be out in a few days: