Commissions

@mochimalha

By commissioning me, you are agreeing to my Terms of Service. I hold all clients responsible for reading and accepting my conditions.

General Terms

  • The client agrees to heed all conditions listed, and are still bound to its current contents, not any previous renditions of my Terms of Service.

  • The client does not, under any circumstances, hold the right to use any commissioned artwork for AI, NFT, or any other blockchain-related technology.

  • The client agrees to properly credit me should they post my artwork anywhere. This involves doing one of the following: tagging me in a description or linking back to an active profile, and sharing the "Nightshade" AI poisoned version of the commission, not the original version. In the case of "pocket chibi" commissions, they are too small to use Nightshade, so the only version to be shared will be simply watermarked instead.

  • The client cannot claim to be the original artist of their commissioned work.

  • The client cannot alter their commission so as to hide or remove any of my signatures or watermarks.

  • The client agrees to use commissioned work only for personal reasons, not commercial. Any distribution of the work for profit qualifies as commercial use.

  • The client agrees to conduct in a respectful and professional manner.

Rights

  • As the artist, I retain the copyright of any commissioned work, as per the copyright law.

  • I reserve the right to refuse a commission for any reason, and without providing the reason to the client.

  • I reserve the right to use, publish, record and livestream the commissioned work for my portfolio or advertising purposes.

  • I am absolved of any legal repercussions as a consequence of clients misusing commissions containing fanart.

  • Characters that do not belong to the client cannot be used in commissions without the rightholder's permission, unless they are meant to be gifted to the rightholder. I am absolved of any responsibility in the event a client has used a character they do not rightfully own.

  • I reserve the right to refuse or cancel service at any point during the commission process should the client break any terms or become abusive.

Payment & Refunds

  • Commissions will be paid in two installments by default. 60% of the total price must be paid with the approval of the sketch. The final 40% must be paid in full before the final delivery of the commission.

  • The client agrees to pay the invoice within 1 week after being sent out. If left unpaid, will be cancelled.

  • The client agrees that once a commission has been approved and paid for, it cannot be refunded for any reason.

  • I reserve the right to withhold service progression until the commission is paid in full.

Commission process

  • Commissions are not taken on a first-come, first-serve basis.

  • Rough sketches for composition will be completed and delivered before an invoice is sent. A maximum of 3 major changes can be requested, but after the sketch is approved, I will only offer minor changes.

  • Once the commission is completed, minor changes are still offered. This includes hue changes, missing scars/birthmarks or other small details that are not too time-consuming to fix.

  • Commissions will be delivered at their full size via a google drive folder.

  • ETA can range between 1-6 weeks depending on placement in the queue, how many commissions I have taken, the size of the commissions, and if any personal events have caused delays.

  • For any number of reasons, there may be further delays in the progression of the queue.

  • Commissions held for twice as long as the maximum ETA will be refunded in full and cancelled, unless specifically discussed otherwise.

  • I frequently forget to offer updates after the initial sketch, but if the commission takes longer than expected, I will give an update as I am able.

  • Clients are able to request to see updates at any time only if they are able to discern between general update requests and harassment.

  • I will not tolerate update requests numerous times within a standard week. Art takes time.

  • I will work on personal art between commissions sometimes.

Some notes before ordering

  • At absolute worst, with the most delays possible, it can take up to 12 weeks to complete your commission. Patience is recommended! However, a full cancellation and refund can and will be offered should the commission take this long.

  • I use Nightshade AI poisoning over my public works now. They will be properly labeled when delivered. Clients must use the poisoned version should they post their work on any site or share the work with unrelated individuals (unless they are delivering the art as a gift). The original version is for personal use only.

  • E-mails sometimes have delivery issues! If you don't receive a response from me within a few days, I may not have received your form, or my/your e-mails may have landed in the dreaded spam folder. Please keep an eye on your inbox as well as your spam to ensure communication runs smoothly.

  • I will not repeat anything listed in my terms during our conversations, unless I feel it's absolutely necessary, so please read them carefully.

  • Should you have issues with DMs, understanding these terms, or sending forms, please message: • [email protected]

I will draw

  • Original characters

  • Couples (straight, same sex, etc)

  • Humanoid (ex. kemonomimi)

  • Hyperdetail

  • Nudity/semi-nudity

  • Fan art (FFXIV, Genshin, etc)

  • Anthro/animals (situational, please inquire)

  • Blood

  • Light mechanical designs/cyborgs

I will not draw

  • NSFW material (this includes but is not limited to pornographic content or fetishes)

  • Mecha/highly mechanical designs

  • Gore/Vore

  • Animals/anthro (situational, please inquire)

  • Messages I don't approve of / morally agree with

  • A style that is not my own

  • Incestuous pairings