TOS
Payment
I request payment upfront for the agreed upon amount, paid by invoice, with any toy copies owed to be shipped to me after the model is in production. Payment plans may be discussed for models over $700, but may only be approved for established shops. Prices may be negotiable. If your shop prefers to pay royalties, we may discuss how to approach this. Publicly posted sketches/WIPs may be pre purchased.
Permissions
Transactions purchase the right to make physical items using the 3D model. Any renders or color mock-ups that I create may be displayed in place of products on shop sites only until physical products are created. For continued use of these assets in advertising, for use of lineart, or for use of these assets as printed items (such as stickers or prints), please get in touch to discuss fees and terms. Individuals are permitted to reshare/repost my rendered images for non-marketing purposes as long as those images include my logo and are not misrepresented as someone else's work. Do not use my images for AI training, AI databases, or AI generation.
Credit
Please credit me on the model page as SweetToothLabs, preferably with a link (or text mention of my site) All models that I design or sculpt will be displayed on my site.
Requirements
Shops must use platinum cure silicone; use a vacuum chamber to degas their silicone; and use mold release if working with silicone molds. I will sell to shops that have not yet opened as long as they plan to do all three of those. I will not sculpt non-fantasy animal toys and will not work with shops that carry a large amount of such models.
Premade Terms
This section is added to the TOS on premade invoices and may be edited depending on the situation.
Purchase of a premade 3D model. Artist will provide edits as needed for the purpose of production optimization for at least 2 months after delivery of relevant files at no additional charge. Any copies of the final product owed to the artist are to be created and shipped within 3 months of the first time the customer lists products in the desired size(s) for public sale unless an extension is discussed and agreed upon by both parties.
Artist reserves the right to create, display, and share images utilizing the digital file on social media and personal sites as their own work. Customer has the exclusive right to create and sell physical products utilizing the final 3D sculpt and has the right to resell or otherwise transfer exclusive rights for this same use of the design. Customer may do the following without violating this section: contract services to produce physical products utilizing the final 3D sculpt; sell physical products through a third-party marketplace; supply physical products to a third-party retailer who then sells them; and permit creation or sale of physical products by another entity on a very limited basis (such as a one-time event). Refunds will not be provided except in the case of complete failure to deliver the relevant 3D file(s). Chargebacks will be treated as forfeiture by the customer of any rights to the design. In case of failure by the customer to provide any or all owed copies of the final product, the artist may opt to instead charge the USD equivalent of the final product for the first copy and/or charge the discount amount from the invoice for subsequent owed copies (if applicable).
Resale
If a shop shuts down or is no longer interested in producing a model I created, and if the model was purchased upfront without a royalty plan, they may resell/transfer the exclusive rights (either as written in the invoice TOS or as written on my site at time of sale) to another shop or individual at whatever price they determine is fair, or they may return the rights to me at no charge to myself, at which point I may relist the model for sale. Please inform the buyer of my involvement in the model and inform me of the transfer, As they will also be required to credit me unless under special circumstances that are to be determined by myself. If you do not have a buyer and are looking to resell, I may be able to assist in facilitating resale. The obligation to provide my owed copies may not be transferred without first consulting me. As written into my TOS, I may opt to charge the original customer the USD equivalent of any owed copies upon failure to provide them. If this obligation is transferred and I agree to the transferred obligation, the new buyer must be made aware of this obligation. Anyone knowingly purchasing a model from me with intent to resell to a shop or individual that I refuse to work with will be blacklisted.
Edits
I will provide minor edits and production edits as needed for at least two months. After two months, edits depend on my availability and if we have maintained a positive working relationship. Larger edits may be available for a fee at any time. I am willing to touch up, revamp a model, or edit for different sizing later on. Such as to further optimize the base, or slim down features. Shops are permitted to make minor edits themselves, such as extending or shortening the base, or cleaning up a small area that traps air bubbles. I ask that any edits beyond minor ones like these be brought up with me first so that we can ensure the edits respect my artistic vision and do not misrepresent my work. I also ask that even with minor edits it is brought to my attention so I can learn from it and just as courtesy.
Toy Copies
For each premade and commissioned model, I request at least one copy of the final silicone product in a size of my choosing (typically medium), in at least two colors, with some choice in color. I may also be given a discount for a second copy of the product (typically in small) depending on the model and the shop. If the model is a personal model that will not go up for public sale, alternatives to my copy may be discussed. If any of these conditions are found to not be met or if I have reasonable suspicion that they are not I reserve the right to resell and remove your rights to a product.
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Credit to Frost for tos base