MAMOTATE

TERMS OF SERVICE

Before starting a project, we need to make sure we are on the same page so there aren't misunderstandings and to protect against fraud, so please take some time to read through these terms! Thank you!This agreement is between I, the Artist, and you, the Client, for work services performed on a project known as the Work.

Content

I, the Artist, have the right to refuse projects and requests according to my discernment and capabilities. Some content that I will not be comfortable with representing include:ex:
- Furry/furries ( I just personally think I lack in drawing furries but if you’re confident in me then I’m willing, but i will not draw NSFW of furries)
- Fully mech/robotic
- Loli or underage
- Excessively muscular form
- Gore or excessively violent
- Copying other's styles
- NFTSI, the Artist, warrant that the work will be my original work performed to the best of my ability.

Timeline & Process

The completion of the Work requires 2 weeks at minimum, and may typically average 3 weeks to 1 month, depending on commission type, complexity, and workload of commissions. Deadlines and timelines will be adhered to in good faith but may not be possible sometimes. Note that each project may vary. Please plan your launches and streams accordingly.There may be 3 major revisions for each item shown during the process, not including mistakes made by the Artist. Revision later in the process such as after line art can only be minor. I will actively reach out for feedback.Additional charge may be required for further revisions that may impact the progress and timeline of the project.Delivery of finished Work will be through email, but I can provide google drive link (only when requested)

Communication

Communication will take place throughout the entire project timeline with updates and bouncing ideas. I will typically ask for feedback when I have something to show. I will let you know if anything is causing delays or priority shifts in the project.I will use twitter, instagram, discord, and/or email to facilitate communications. I will typically respond quickly but may also take up to 1 week, which is usually in order to provide a better, more concrete, update.Clients agree to provide all required art, references, information and assets before Work starts and during the process, or it can affect the timeline.Clients agree to remain respectful and agree that communication channels I provide are for business and professional use only. Client and Artist will not for any reason digress from business discussion for the majority/duration of the project.

Rights, Usage & Credits

Artist Rights

I retain original copyright and ownership of the Work, which includes but may not be limited to redistributing, reproducing, advertising, displaying the Work in my websites, social media and portfolios according to my discretion. I have rights to repurpose unused process work for future projects, personal or otherwise.
The process will likely be posted i.e. on Twitter and/or streamed on Twitch or Youtube unless Clients request otherwise before the project begins. A NDA or confidential commission status may be subject to a 25% fee.

Client Rights

Clients are granted exclusive rights for personal use of the Work produced as agreed upon, which must not be transferred to any other parties. Personal use includes:
(ex: Social media profile pictures, signatures, layouts, themes, wallpapers, personal website display, social media posts, physical prints and products) that is not for sale or distribution to any other party.Clients may not claim Work as their own or anyone else’s and therefore must credit me as the Artist using my social tag/username/link MamotateCommercial RightsUnless specified in the commission information or otherwise discussed and agreed upon, commercial licenses and reselling rights are not included. Commercial means usage on streams, broadcast content, or any monetized work (i.e. including but not exclusive to: merchandise, monetized videos, music releases); and reselling rights means selling the Work to another party or another platform or on any platform.Any Work done or made available to the client must not be used for AI (Artificial Intelligence, Machine Learning, AI/ML Training, NFT, blockchain or any for profit platforms or purposes. Such usage is completely prohibited and may result in legal action taken.Commercial licenses require additional charges.

Payments, Cancellation, Refunds

Payment

Before starting the project, the client provides a 50% down payment with the remaining 50% due at first complete watermarked preview before final revisions or delivery. Once the payment is 100% completed it will be sent with no watermark.
If you’re using ko-fi then 100% of payment must be paid first.Invoices will be sent when work is ready to begin at least within a reasonable amount of time, not during waitlist or consultation process. Do not send a payment without my request.
When invoice or payment link is received, the Client agrees to pay within 72 hours unless circumstances are communicated otherwise in advance, or the project/waitlist position may be canceled by the Artist.Prices are in USD, and paid via methods as provided by the Artist. Prices may change depending on the complexity of the commission.
By engaging on any project, once Work has started, or transactions have been made through any payment service provider, the Client acknowledges the product and deliverables are DIGITAL and there is no physically shipped good to receive. Chargebacks are not permitted and the refund policy as mentioned will be followed.

Cancellation & Refund

If Client requests cancellation, they will be fully refunded if there is more than 2 days notice before Work starts. Once Work begins, refunds are not possible unless initiated by the Artist. If you cancel anytime during the process only 50% will be refunded.If for any unforeseen reason I cannot complete the Work or the Work is significantly delayed by 4 months past the deadline, I will take initiative to inform you and provide a partial refund if Work done up to this point is accepted or full refund.