TERMS OF SERVICE

By submitting a commission request with floofnsweet llc (a/k/a “floofnsweet”, a/k/a “Floof”, the “artist”), you (the “client”) acknowledge and agree to the following terms and conditions for service:

GENERAL

1.) The artist maintains the right to refuse any commission request at their own discretion.2.) Commissioned art (the “artwork”) is for personal-use only. Commercial use or resale of the artwork is not allowed unless otherwise stated and agreed upon.
          a. Provided that the artist is acknowledged as the creator of the artwork, the client may:
                    i. Resize or crop the artwork as needed.
                    ii. Use the artwork online for personal display and purposes.
                    iii. Print the artwork for personal enjoyment.
          b. The client may not:
                    i. Represent or claim the artwork as their own creation.
                    ii. Redistribute, reproduce, or resell the artwork for profit.
                    iii. Use the artwork in connection with any business, promotional, or commercial activity.3.) The artist retains proprietary rights to the artwork, including the right to display work-in-progress (“WIP”) and final artwork in portfolios, galleries, social media, livestreams, or other private or public display.4.) The client may request to remain anonymous when submitting their commission request.5.) The client certifies that they are at least 18 years of age and legally authorized to enter into binding agreements.6.) All artworks are digital products. Artwork is delivered to the client by online file transfer tools, the method of which is determined when submitting the commission request.7.) Prices listed on the website are baseline. Additional costs may be charged at the artist’s discretion based upon the complexity of the work required to meet the client’s request.8.) If the client is requesting commission of existing third-party intellectual property (“IP”), the artist reserves the right to sell the finished art on digital and physical marketplaces, provided that the applicable IP owner allows the sale of fan-created works. This does not apply to commissions of the client's original character ("OC").

TIMELINE AND WORKFLOW

1.) Commission begins only upon receiving payment in full and will be completed within 30-60 days unless otherwise specified and agreed upon.2.) Timeline depends on commission type, complexity, and workload.3.) The artist will send out WIPs at major points during creation and will require approval from the client before continuing further. These major points include but are not limited to: the detailed sketch, color mockup (if requesting color), and final form.4.) The client may request minor changes at any point during the creation process. Redraws or significant changes after the detailed sketch was previously approved will incur additional costs at the artist’s discretion.

PAYMENT

1.) Payment is accepted exclusively in USD.2.) Payment is due in full within 10 days after client’s receipt of invoice. If payment is not received by the due date, the commission will be cancelled and removed from the artist’s queue.3.) There will be no refunds once the commission begins.

ARTIFICIAL INTELLIGENCE (AI) AND NON-FUNGIBLE TOKENS (NFTs)

1.) Artwork is strictly prohibited from being used with AI in any capacity. This includes but is not limited to AI training, AI editing, and AI image generation.2.) Artwork is strictly prohibited from being bought, sold, or traded as NFTs. The artist will never participate in the buying, selling, or trading of NFTs or the creation of such content.

INDEMNIFICATION

The client agrees to indemnify and hold harmless the artist from any claims, damages, losses, or expenses that arise from:

1.) The client’s use of the artwork.2.) Any breach of these Terms of Service by the client. This means that if the client’s actions with the artwork cause legal or financial issues, the client is responsible for handling those issues. This obligation continues even after the agreement between the artist and the client ends.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, the artist shall not be liable for any indirect, incidental, special, or consequential damages arising from the client’s use of the artwork or services. In all cases, the artist’s total liability to the client for any claim related to the artwork or services shall not exceed the total amount paid for that specific commission.

MAILING ADDRESS

floofnsweet llc
P.O. Box 4963
Scottsdale, AZ 85261

• COMMERCIAL LICENSING

• TERMS OF SERVICE

ADDENDUM: OPTIONAL COMMERCIAL LICENSING

This Commercial Licensing Addendum (“Addendum”) applies when a client of floofnsweet llc (a/k/a “floofnsweet”, a/k/a “Floof”) requests commercial usage rights for commissioned artwork (“artwork”). This Addendum supplements the existing Terms of Service and overrides the personal-use restriction stated therein only where expressly granted.

COMMERCIAL LICENSING OVERVIEW

Commercial use of artwork is not included in standard commission pricing. Commercial usage rights may be purchased as an additional licensing fee, determined by the artist based on the project’s intended use, scale, and distribution.No commercial rights are granted unless a licensing agreement is made in writing and paid for in full.Commercial licenses are non-transferable and may not be sub-licensed without written approval.Copyright and ownership are not transferred unless explicitly agreed upon.

TYPES OF COMMERCIAL LICENSES

Commercial licenses may include but are not limited to the tiers described below. The provided tiers are divided into Creator Licenses (for individuals) and Business Licenses. Clients are responsible for selecting the appropriate category when submitting their commission request.Standard licensing fees are listed alongside each of the tiers. Licensing fees are an additional percentage-based fee using the commission subtotal as the base.Alternative licensing arrangements can be negotiated.

CREATOR COMMERCIAL LICENSES

These licenses apply to individual creators, such as streamers, influencers, and online personalities, using artwork within content or as branding assets.

1.) Basic Creator License +10%
Intended for new creators, hobbyists, or small accounts with minimal or no monetization.
          a. Usage: Editorial Rights. May use in minimally monetized content, such as platform-provided AdSense.
          b. Platforms: Limited. Licensed for use on one (1) specified platform and primary social media profile.
          c. Promotional Use: Restricted. May use in all creator-ran promotions. Not permitted for use in any third-party brand campaigns or sponsorships.
          d. Merchandise: Prohibited. Strictly prohibited for use on any physical or digital merchandise sold or distributed for profit.2.) Standard Creator License +25%
Intended for creators with active monetization, sponsorship activity, or occasional advertising or boosted posts.
          a. Usage: Monetization Rights. Permitted for use in all monetized content.
          b. Platforms: Unlimited. Licensed for use across all specified platforms and social media profiles.
          c. Promotional Use: Limited. May use in all creator-ran promotions and third-party sponsorships. Permitted for use in third-party brand campaigns up to a maximum ad spend of $500 USD per campaign.
          d. Merchandise: Prohibited. Strictly prohibited for use on any physical or digital merchandise sold or distributed for profit.3.) Full-Brand Creator License +50%
Intended for creators requiring more commercial coverage, including merchandise.
          a. Usage: Monetization Rights. Permitted for use in all monetized content.
          b. Platforms: Unlimited. Licensed for use across all specified platforms and social media profiles.
          c. Promotional Use: Unlimited. May use in all forms of promotions, sponsorships, and advertising campaigns.
          d. Merchandise: Unlimited. Permitted use on all physical and digital merchandise for sale. Royalties may apply and must be negotiated separately.

BUSINESS COMMERCIAL LICENSES

These licenses apply to companies, studios, agencies, publishers, and organizations utilizing the artwork for commercial activities beyond individual use.

1.) Basic Commercial License +100%
Allows the exclusive and perpetual use of artwork for small-scale commercial activities, such as:
          a. Promotional materials, branding, and marketing assets. Includes physical and digital use.
          b. Merchandise produced in limited runs within the agreed scope.Not valid for applications, software, games, or in mass produced or widely distributed products.2.) Extended Commercial License +200%
Allows the exclusive and perpetual use of artwork for commercial activities with a wider audience or scale, such as:
          a. Promotional materials, branding, and marketing assets. Includes physical and digital use.
          b. Merchandise produced in high-volume or widely distributed.
          c. Use in applications and software, including mobile apps, games, and other paid-access digital goods.Projects may require additional royalties based on scale.

RIGHTS RESERVED BY THE ARTIST

Unless a separate written agreement states otherwise, the artist retains copyright and full ownership of the artwork as well as the right to display the artwork in portfolios, galleries, social media, and promotional materials.Commercial licensing does not permit the client to claim authorship of the artwork.

LICENSING FEES AND PAYMENT

All licensing fees are non-refundable. Licensing cost varies based on usage scope, exclusivity, volume, and distribution. If the client expands the commercial usage beyond what was originally licensed, an updated fee or new licensing agreement is required.

DURATION

License duration will be specified in the written licensing agreement, either as a fixed term measured in years or as perpetual. Any usage outside the defined duration is considered unlicensed commercial use.

PROHIBITED USES

Commercial licensing does NOT permit:

1.) Trademarking the artwork unless expressly negotiated.2.) Use in defamatory, hateful, or unlawful contexts.3.) Transfer or resale of the commercial license to third parties without written approval4.) Use in AI, NFTs, or similar applications as prohibited in the Terms of Service.

ENFORCEMENT

Unauthorized commercial use of artwork will result in revocation of licensing permissions, additional fees for unlicensed commercial use, and possible legal action for copyright infringement.

MAILING ADDRESS

floofnsweet llc
P.O. Box 4963
Scottsdale, AZ 85261