Terms & Conditions

Terms and Conditions for Surface Pattern Design Services

Welcome to Startled Otter Designs ("the Designer," "we," "us," "our").

 

By purchasing or using our surface pattern design services and digital products, you ("the Client," "you") agree to the following Terms and Conditions. Please read them carefully.

1. Ownership of Artwork

• All designs, whether hand-drawn or created digitally, remain the exclusive property of Startled Otter Designs.

• The Designer grants you a license to use the designs on fabric and other surfaces as agreed upon, for commercial or personal use. However, the intellectual property rights to the designs remain with the Designer at all times.

2. License Agreement

• Upon payment and receipt of the digital designs, you will hold a non-exclusive, non-transferable, revocable license to use the design(s) on any surface of your choice, including, but not limited to, fabric, wallpaper, and home goods.

• The license allows you to manufacture and sell products featuring the designs, provided that no alterations are made to the original designs.

• Any sublicensing, distribution, or resale of the digital designs themselves (in their raw digital form) is strictly prohibited without prior written consent from the Designer.

3. Printing & Manufacturing Issues

• Startled Otter Designs is not responsible for any issues arising from the printing or manufacturing process, including but not limited to color discrepancies, fabric quality, or print alignment.

• Any issues with printing must be resolved directly with your fabric printer or manufacturer. We recommend conducting test prints before proceeding with large-scale production runs.

• The Designer cannot be held liable for any errors or failures in the production process, as the responsibility for printing and manufacturing rests with the printer or manufacturer.

4. Return of Designs Upon Shop Closure

• In the event that you cease to operate your business or close your shop, you are required to return all digital designs provided by Startled Otter Designs or immediately cease using the designs entirely. Failure to do so may result in further action to reclaim the usage rights.

• The returned designs must not be used for any future production or sales after the termination of your business or cessation of our working relationship.

5. Modification of Designs

• You may not modify, alter, or adapt the designs without prior written consent from the Designer.

• If modifications are required, please contact us to discuss potential revisions or custom design services.

6. License Termination

• Startled Otter Designs reserves the right to terminate the license at any time should there be a breach of these terms, non-payment, or any misuse of the designs.

• Upon termination, all rights to use the designs will be revoked, and you will no longer be authorized to produce or sell any items featuring the designs.

7. Indemnification

• You agree to indemnify and hold Startled Otter Designs harmless from any claims, damages, or expenses arising from your use of the designs, including issues related to printing, production, or third-party disputes.

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By purchasing or using the designs provided by Startled Otter Designs, you confirm that you have read, understood, and agreed to these Terms and Conditions