Mochipandabear

Sleepy Artist

About

Logan/Mochi | 24 | She/her
Hit the commission option in the top center toolbar to get information on my commissions and if I’m open for them! (The paint brush)
I will often make adopts as well so keep an eye on that "For Sale" folder on Toyhouse or on my Ko-fi! Interested? Get in touch!

TERMS OF SERVICE

My artwork is to never be used for non fungible tokens (NFTs) or may not be used to train machine learning AI/Generative AI or any artificial intelligence engines with the ability to generate images.

COMMISSIONS

1) Commissioned artwork is for personal use only, not for commercial purposes. The artist retains all copyrights to the commissioned artwork.
2) There will not be any physical goods exchanged nor goods to be shipped. This is a digital art commission (i.e. digital artwork; piece; drawing; service) executed by the commissioned artist for the client.
3) The client is not permitted under any circumstances to use any part of their commissioned artwork for non fungible tokens. Use of the artwork for any advertising or profits associated with non fungible tokens or cryptocurrency is strictly prohibited.PROCESS AND DELIVERY
1) Timeframe will be given to the client when discussing terms initially. The client is responsible for informing the artist of any strict due dates prior to the suggested timeline by the artist. The deadline must also be discussed and mention prior to payment as well as any start to artwork.
2) The client will have the opportunity to direct alterations of their commission in the approval stage. After approval, no major changes will be made to the commission without an extra fee decided on by the artist.
3) When the illustration(s) is complete, the artist will send copy of the artwork digitally to the client through their preferred means (Through the initial chat application, email, etc.), however, the artist retains the right to send how best suits them if other options are not viable for the artist to complete.
4) Payment will be through Paypal by default from client to artist but may be subject to change dependent on ease of transaction. All payment will be taken before any artwork is created unless discussed and agreed to upon prior by both client and artist.

COPYRIGHT / USAGE POLICY
The artist claims the rights to:
1) The to the produced artwork.
2) Use the copyrighted artwork to promote themself with it and display and post it at their discretion (the artist's website, social media, etc.)The client is permitted to:
1) Use the commissioned piece for personal use
2) The client may upload the artwork to their personal website or gallery with the commissioned artist's permission, but full credit to the commissioned artist for creating the commission is required.The following is considered copyright infringement:
1) Reproducing/using the copyrighted artwork commercially i.e. making money off the commissioned artwork in any way unless a commercial license has been purchased for the artwork
2) Claiming the artwork as the client's own creation and copyrighted material
3) Altering the artwork without the artist's explicit consentI reserve the full rights to the image and its use/distribution unless otherwise agreed upon. The artwork is not to be used for NFTs (non fungible tokens) or generative AI sofware or machine learning in any way

Commercial Licensing Policy:
(Applicable to both commissions and adoptables)
Commercial Licensing may be purchased for any artwork or design by the artist dependent on the intent with the design or commission ranging from 100-300% of the initial cost of said commission or design.
Example:
Use for a limited edition sticker sold only once for a short time I, the artist, would consider approximately 100-150% of the cost. Such as if the commission was originally $10 I would ask $10-15 on top of the original payment.
However if it was a design used perpetually for merch and/or the face of the customer (i.e. Vtuber, mascot, etc.) I would only consider 200-300%. Such as if the commission was $10 I would ask $20-30 on top of the original payment.
Commercial Licensing may be subject to vary if the intent of the customer warrants a larger percentage or other form of commercial agreement/payment (e.g. customer reaches a larger following or sell mass quantity of goods consistently that would use the artist's artwork.)

REFUND / CANCELLATION POLICY
1) The client will not be able to get a full refund once the artist has started working on the artwork.
2) If for any reason the artist is unable to start the client's commission the client will receive a full refund if they request or at the artist's discretion.
3) If the client cancels their order before the artist has started it, the client is eligible for a full refund.
4) If the client is eligible for a refund, the client will not request a PayPal chargeback. The artist will transfer the money back to the client themself.
5) If the client requests a PayPal chargeback at any point when it was not discussed prior or was not eliglble for a refund, the client will lose all aforementioned rights to the commissioned piece of artwork and the artist will have the full right to profit further from it in any way. The artist has the right to decline the chargeback and supply the company which the chargeback was requested with their, the artist's, terms and prior conversations with the client as evidence.
7) If the client breaks any of these terms they will be blacklisted from purchasing artwork in any form from the artist.
6) Any other forms of payment must be discussed prior to payment (e.g. payment plans, cashapp, venmo, other forms of digital payment).I retain full rights to cancel and refund the commission at any time if need be

ADOPTABLES

Payment/Refund Policy:
1) All adopt payments are to be made in USD through PayPal goods and services unless alternative forms of payment are discussed prior to payment sent from client to artist.
2) Please mark the address as not applicable when sending!
3) Holds can be discussed but the artist will not hold for more than 2 weeks.
4) Payment is expected upfront.
5) If payment isn't received within 24 hours after the initial claim of the adoptable design, it will be put up for sale again at the artist's discretion
6) After purchase has been cleared, the client will receive a higher resolution PNG of the designed character typically both watermarked and unwatermarked.RESELLING/TRADING/GIFTING:
1) Reselling of the design is allowed, however, the client may not resell the adopt for more than what they, the client, paid initially unless there has been artwork created by those other than the client to add to the value
2) The client may not raise the price to account for personal art they have made for the adopt.
3) Trading of the design is allowed
4) Gifting of the design is allowed

OWNERSHIP
1) The artist retains all legal rights to the artist's designs. The artist's adopts are for non-commercial use only.
2) Once the client purchases the adopt, it is to be used at their, the client's, discretion for non-commercial purposes. The client must credit me as the creator of the design where applicable.
3) Commercial use may only be allowed if the client purchases a commercial use license.
4) The client may not age the character that come from the artist's design under 18. The character built must be 18+.EDITING
The client is free to make minor edits to the adoptable design as long as the adopt is still recognizable.ADOPT ARTWORK
UNDER NO CIRCUMSTANCES IS THE ARTWORK ALLOWED TO BE TRACED, COPIED, OR REFERENCED TO BE CLAIMED AS ANOTHER'S WORK (i.e. used to be a reference for a new design to be sold by another artist or traced directly to resell under the claims of being original).
THE ARTWORK MAY NOT BE ALLOWED FOR NON FUNGIBLE TOKENS (NFTs) OR USED TO TRAIN GENERATIVE AI OR ANY MACHINE LEARNING PROGRAMS.
The owner of adoptable design in question is free to use the artwork for page-sitters, character profiles sites, etc. but not commercially

AI POLICY
Use of AI in any kind, shape, or form is prohibited. By agreeing to my terms you agree to my TOS and to never use my art in AI. Not to train AI, not to 'enhance' my work, not to add or change it in any way. That includes uses like 'Grok', 'Chat GPT', 'Sora AI' and any other AI tools or generative tools. This applies to past, present, and future commissions and adoptable designs by and with me.

The client must read and understand all the above terms before payment. By sending payment, the client agrees to the above terms.

Contact

Feel free to contact me on any social media linked at the footer. I am most active on twitter or bluesky and would be most likely to see your message there, but I do check my others at least once a week.
My linktreeMy trello has all of my links as well as my current timeline of projects
My TrelloPlease put commission somewhere in the subject line if interested in a commission from me.
[email protected]