1. Acceptance of Terms

Engagement of Mystic’s services constitutes a full legal agreement to these terms. If you are commissioning on behalf of a minor, you as the legal guardian assume all responsibility for the terms outlined herein. These terms supersede any prior oral or written agreements.

2. Payment & Financials

• Payment Options: Clients may choose between 100% Upfront (priority queue) or a 50/50 Split Payment. Prices are quoted in Euro unless otherwise specified.
• The 50/50 Policy: If selecting the split option, the first 50% (Non-Refundable Deposit) is due before work begins. The remaining 50% is due upon completion, prior to the delivery of the final files or Unity package. An invoice will be provided for the final payment.
• Payment Gateways: PayPal (Friends & Family) and Steam Gift Cards. Payments must be made in full, covering any platform fees.
• Taxes & Fees: The client is responsible for all transaction fees, currency conversion fees, and any applicable taxes in their jurisdiction. Work will be paused if the net amount received does not match the agreed price.
• Late Payment: Final payment is due within 7 days of completion notification. Failure to pay may result in project suspension, late fees (5% per week), and eventual cancellation with forfeiture of deposit and completed work.

3. Refund & Cancellation Policy

Refunds are handled strictly due to the labor-intensive nature of custom 3D work:

• Deposit Non-Refundability: Under the 50/50 policy, the initial 50% deposit is non-refundable once work (sketching, concepting, asset gathering, or base editing) has commenced.
• Client-Initiated Cancellation: If the client cancels after work has begun, any payment made is forfeited as compensation for time and resources expended. Partial deliverables completed up to the point of cancellation may be provided at Mystic's discretion.
• Full Refunds: Only issued if Mystic cancels the commission before any work has started.
• No Refunds: No refunds are issued for completed projects, client bans, VRChat ToS violations, "change of heart," dissatisfaction with aesthetic results (provided they match the agreed brief), or inability to use the avatar due to client-side technical issues.
• Chargeback Policy: Any unauthorized chargeback or dispute filed will result in immediate termination of service, blacklisting from future commissions, and the right to pursue legal action for damages, including recovery of the disputed amount plus associated fees.

4. Production, Revisions & Delivery

• Basic Pack: ~24 Hours.
• Starter Pack: ~24-48 Hours.
• Premium Pack: 2-5 Days.
• Ultimate Pack: 1 - 2 Weeks.
• Celestial Pack: 2+ Weeks.
• Queue: You will be notified of your "Order Number" in the queue. You can request a status update once every 6 hours. Rush orders may be available for a 50%+ fee.
• Revision Policy: Each commission package includes a set number of revision rounds (e.g., Minor: 2, Major: 1). Additional revisions beyond the included rounds will incur a fee starting at €15 per revision. "Complete redos" constitute a new commission.
• Delivery Method: Final assets will be delivered via a secure link (Google Drive, Dropbox, WeTransfer) or directly through Discord. It is the client's responsibility to download and backup files promptly. Links expire after 30 days.

5. Intellectual Property, Licensing & AI

• Creator's IP: Mystic retains all copyright, trademark, and intellectual property rights to the original artistic work, including but not limited to custom textures, sculpts, blendshapes, shaders, and unique design elements created during the commission.
• Personal Use License: You are granted a perpetual, non-exclusive, non-transferable, worldwide license to use the avatar for personal, non-commercial purposes within VRChat and other virtual reality social platforms.
• Commercial Use: Commercial use (streaming, videos, promotional content) is permitted. Resale, redistribution, or use in for-profit projects outside of social VR requires a separate, negotiated Commercial License Agreement and additional fees.
• No Resale/Redistribution: You may not flip, resell, gift, loan, lease, sublicense, or distribute the files/Unity package to others. You may not upload the avatar to public databases or avatar worlds without explicit written permission.
• Base Model & Third-Party Assets: The client is responsible for securing and complying with the licenses of any base models, assets, or components they provide. Mystic's license only covers the work performed by Mystic.
• AI Prohibition: Under no circumstances may the delivered textures, sculpts, designs, or any project files be used to train, develop, or contribute to AI models, machine learning algorithms, or Generative AI datasets. This is a strict prohibition.
• Credit: While not mandatory, client credit is appreciated when showcasing the avatar publicly.

6. Asset Ownership Proof & Legality

Anti-Piracy & Ethics: I do not work with "leaked," pirated, or fraudulently obtained assets. All work must be legal and ethical.

• Clients must provide clear proof of purchase/license for any base models, textures, or assets used in the commission (e.g., receipt, Unitypackage file, Gumroad library link).
• Failure to provide proof within 48 hours of request will result in immediate project suspension and potentially termination without refund.
• If a client is found to have provided fraudulent or pirated assets after commission completion, Mystic reserves the right to revoke the delivery and blacklist the client.
• The client warrants that all provided references, concepts, and materials do not infringe upon the intellectual property rights of third parties (e.g., copyrighted characters, trademarks).

7. Confidentiality & Privacy

All personal information (email, name, payment info) and project details will be kept confidential, unless explicitly waived by the client. Mystic may showcase non-confidential work for portfolio or promotional purposes unless the client requests privacy.

Clients may request their project to be kept private (NDA) for an additional fee, which must be agreed upon before work begins.

Client information is retained for 12 months after project completion for tax and record-keeping purposes, unless requested to be removed earlier in writing, subject to legal requirements.

8. Communication Policy

• Primary communication will be via email, Discord, or a previously specified platform. All major approvals should be given in writing.
• The creator reserves the right to decline or terminate communication that is inappropriate, abusive, harassing, or threatening.
• Feedback & Response Time: Clients should provide feedback and approvals in a timely manner (within 72 hours for minor stages, 5 days for major approvals) to avoid significant delays. Failure to respond for 30 days may result in project termination.
• Mystic's typical response time is within 48 hours on business days (Monday-Friday, excluding holidays).
• Clients are responsible for keeping contact information updated and checking their provided communication channels regularly.

9. Client Responsibilities

• Provide clear, accurate descriptions, visual references, and all necessary assets promptly at the project start.
• Ensure all provided assets are legally owned or licensed, free from third-party rights claims, and safe for use.
• Confirm base model ownership with verifiable proof. Failure is grounds for cancellation.
• Ensure that the project concept and references do not violate platform TOS (e.g., VRChat's Community Guidelines) or promote hate, illegal activities, or explicit adult content beyond platform allowances.
• Provide structured feedback during revision rounds; vague feedback ("make it better") is not actionable.
• Ensure that their system meets the requirements for using and uploading the final avatar to VRChat.
• Backup all delivered files. Mystic is not a file hosting service.

10. Limitations of Liability & Disclaimers

Mystic's liability is strictly limited as follows:

• The avatar is provided "as is." No warranties, express or implied, are given regarding merchantability, fitness for a particular purpose, or non-infringement.
• Mystic is not responsible for technical issues with VRChat, Unity, SteamVR, Oculus, or other third-party platforms.
• Not responsible for client dissatisfaction due to unclear instructions, changing requirements mid-project, or subjective aesthetic preferences.
• Not liable for loss of data, assets, or revenue caused by client errors, system failures, or acts of God.
• Not responsible for issues stemming from platform updates, changes, or future incompatibilities. Avatar functionality is guaranteed only for the VRChat SDK version current at the time of delivery.
• Not liable for problems caused by client or third-party modifications after delivery.
• Not responsible for client bans or disciplinary actions taken by VRChat or other platforms due to client behavior or avatar usage.
• Total liability for any claim related to the commission shall not exceed the total amount paid by the client for the specific commission in question.

11. Dispute Resolution & Governing Law

The primary method for dispute resolution is direct, good-faith communication between both parties.

If unresolved, both parties agree to seek mediation with a neutral third party before pursuing any legal action. The costs of mediation will be shared equally.

This agreement is governed by and construed in accordance with the laws of the United Kingdom. Any legal actions or proceedings must be initiated in the courts located within the UK.

Any legal actions must be initiated within one (1) year of the date the dispute arose, or the claim is permanently barred.

12. Termination

• Either party may terminate the agreement if the other materially breaches its terms and fails to cure the breach within 14 days of written notice.
• Payment for all work completed and expenses incurred up to the termination date remains due immediately.
• Mystic reserves the right to cease work immediately, without notice, for violations of asset legality, harassment, non-payment, or failure to provide critical information for over 30 days.
• Upon termination for cause by Mystic, the client forfeits all payments and rights to any work in progress. Upon termination for cause by the client, Mystic may, at their discretion, provide completed work and invoice for it.
• Survival: Sections on Payment, Intellectual Property, Refunds, Limitation of Liability, and Dispute Resolution shall survive termination.

13. Privacy & Data Handling (GDPR/CCPA Notice)

Client data (contact info, payment details, project files) is collected solely for fulfilling the commission, invoicing, and providing support. Data is stored on secured, password-protected systems and encrypted cloud storage.

Data will not be sold or shared with third-party marketers. It may be shared only with essential service providers (e.g., payment processors) under strict confidentiality agreements.

Clients in the EEA, UK, or California have rights to access, rectify, or request erasure of their personal data, subject to legal obligations. Requests should be sent via email.

In the event of a data breach that compromises client data, affected clients will be notified within 72 hours of discovery.

14. Force Majeure

Mystic is not liable for delays or failure to perform caused by events beyond reasonable control, including but not limited to: natural disasters, pandemics, war, terrorism, government actions, internet or power grid failures, major hardware/software failure, or serious illness.

In such events, timelines will be extended accordingly, and both parties will work cooperatively to adjust the schedule.

15. Project Acceptance & Testing

• The client has a 7-day inspection period from the date of final delivery to test the avatar thoroughly and report any bugs or deviations from the agreed specifications.
• After 7 days without any reported, verifiable issues, the project is deemed formally accepted by the client, and the final payment (if not already made) is immediately due.
• Requests for changes or fixes after the acceptance period may be treated as a new support request or commission and may incur fees.

16. Support & Modification Policy

• Included Support: Basic technical support related to the delivered work (e.g., clarification on implementation, minor bug fixes that are the creator's fault) is provided for 14 days after final acceptance.
• Excluded Support: Support does NOT include teaching software (Blender, Unity), fixing issues caused by client modifications, updating the avatar for new VRChat SDKs, fixing problems with third-party assets, or making aesthetic changes.
• Modifications After Delivery: Any requests for modifications, additions, or updates after final delivery and the support period will be quoted as a separate commission.
• Extended Support Plan: An ongoing support/maintenance plan may be purchased for a recurring fee, covering updates for a defined period.

17. Additional Provisions

• Entire Agreement: This document constitutes the entire agreement between client and Mystic, superseding all prior discussions.
• Amendments: These terms may be updated. The terms in effect at the time the client's order and deposit are received will govern that specific project.
• Severability: If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Failure to enforce a right or provision does not constitute a waiver of that right or provision.
• Assignment: The client may not assign or transfer this agreement without Mystic's prior written consent. Mystic may assign this agreement to a successor entity.
• Notices: Official notices shall be sent via email to the addresses provided at commission start.
• Independent Contractor: Mystic is an independent contractor, not an employee or partner of the client.