ZenologiaMC Terms of Service

Effective date: 11th of June, 2026

Last updated: 2nd of July, 2026

Section 1. Introduction & Scope

These Terms of Service (“Terms,” “TOS”) govern both (a) the sale of stock, pre-made digital products and (b) all commission and custom work performed by ZenologiaMC — the trade name of Zenologia LLC, a New Mexico limited liability company (“I,” “me,” or “my”) — for any person (“you”) who purchases a Product from, or engages my services through, my Discord or through any approved alternate direct written channel described in Section 6.

These Terms cover two kinds of transaction, and some provisions apply only to one kind. Where a provision is limited to product sales or to commissions, it says so. Where these Terms address the same subject differently for a product sale than for a commission, the sub-part that matches the nature of your transaction — product sale versus commission — controls for that transaction. Except where a provision is expressly limited to one kind of transaction, the general provisions of these Terms (including eligibility, liability, indemnification, dispute resolution, governing law, and the miscellaneous provisions) apply to both.

These Terms do not apply to work or products obtained through third-party marketplaces, including, but not limited to, marketplaces such as BuiltByBit, which are governed by the terms of those platforms. If you obtain a Product or commission through any such third party rather than directly from me, that transaction is governed by the terms, policies, and order record of that platform, not automatically by these Terms. Third-party orders are addressed further in Section 5.

Your agreement to these Terms is given by the express confirmation step described in Section 6. That confirmation is the definitive moment of acceptance of these Terms. For a product sale, the sale is formed when payment is received and acknowledged as described in Sections 6 and 8. For a commission, the specific commission is formed only when the applicable scope, price, payment requirements, and any milestones or written scope terms are agreed in writing through your Discord ticket, invoice, or other written record. Submitting a request, placing an order, or paying an invoice is evidentiary of your acceptance but does not substitute for that confirmation.

Time Calculation. Unless these Terms or applicable law state otherwise, “days” means calendar days, and “business days” means Monday through Friday, excluding U.S. federal holidays and Florida state holidays. For deadlines measured by time of day, the applicable time zone is Eastern Time in the United States, unless the written record states another time zone or applicable law requires a different calculation. Where applicable law requires a deadline to be measured differently, including by calendar days, local time, or a shorter statutory period, that legally required calculation controls.

Section 2. Definitions

• Product — any pre-made digital item I offer for sale, including but not limited to plugins, mods, and pre-made server setups (configurations, bundled files, and related assets).
• Plugin / Mod — server- or client-side software that extends or modifies Minecraft or a Minecraft server.
• Server Setup — a pre-configured bundle of files, configurations, and/or third-party components delivered as a package.
• Commission (or commission work, custom work) — bespoke work I perform for you, including Minecraft server setup, plugin configuration, Velocity proxy setup, performance optimization, Discord integration, plugin development, and related services, with the specific scope defined per commission.
• License — the limited right to use a Product or delivered work as described in Section 24.
• Delivery / Delivered — the point at which the Product or delivered work, or access to it, is actually made available to you in the agreed manner so that you can reasonably download, access, and use it.
• Work begins — for a commission, the point after acceptance of these Terms and receipt of the required payment when I begin commission-specific production work (as described in Section 8). Preliminary discussion, quoting, scope clarification, invoice preparation, and administrative setup do not count as work beginning.
• Consumer — an individual who buys a Product or commissions work primarily for personal, family, or household purposes, or who is otherwise treated as a consumer under the law that applies to them.

Section 3. Eligibility

You must be at least 18 years of age and must have reached the age of majority and legal capacity to enter into a binding contract in your state, province, country, or other jurisdiction of residence, whichever age is greater. By purchasing or commissioning work, you confirm that you meet these requirements and have the legal capacity to enter into this contract.

If you are found to have misrepresented your age or legal capacity to contract, your purchase or commission may be cancelled and, to the extent permitted by applicable law, you may be banned from my Discord and refused future sales and commissions. Where a court or applicable law treats your contract as void or voidable because you were a minor or otherwise lacked legal capacity, the license granted under Section 24 and any no-refund rule do not apply to that contract, and I will provide the full refund or other restitution that law requires, even if Section 12 would otherwise provide less. Any refusal-list or fraud-prevention record kept in that situation will be limited to the minimum information reasonably necessary for that purpose, retained only for as long as reasonably necessary or legally permitted, and handled subject to Section 29 and my Privacy Policy.

If you are a Consumer with a statutory withdrawal, cooling-off, or cancellation right that applies to your purchase or commission, the withdrawal methods described in Sections 6 and 13 are available to you throughout the period required by applicable law.

Section 4. What I Offer — Products & Services

Commissions. I offer Minecraft server setup, plugin configuration, Velocity proxy setup, performance optimization, Discord integration, plugin development, and related services. Specific scope is defined per commission. I may decline any commission as described in Section 32 (Right to Refuse Service).

Products. I also offer stock digital Products for sale on an as-is basis. Products are sold individually and are identified at the point of sale by name, version, and price. I may add, modify, discontinue, or change the price of any Product at any time without notice. Changes do not affect Products you have already purchased. A private, custom, or modified version of a Product (a “private fork”) is not included in a stock Product’s purchase price and is treated as separate paid commission work under Section 20 and these Terms.

Minecraft / Mojang / Microsoft. ZenologiaMC is an independent service provider and seller. NOT AN OFFICIAL MINECRAFT SERVICE. NOT APPROVED BY OR ASSOCIATED WITH MOJANG OR MICROSOFT. Minecraft names and references are used only to identify compatibility or the nature of a Product or requested services. You are responsible for ensuring that your server, monetization, content, branding, and use of any Product or requested features comply with the Minecraft End User License Agreement (EULA), the Minecraft Usage Guidelines, the Microsoft Services Agreement, Discord terms, hosting terms, and other applicable platform rules, including any applicable commercial-usage or monetization rules for Minecraft servers. I may refuse, pause, or discontinue work that I reasonably believe would violate those rules or create an infringement, safety, security, or platform-enforcement risk, with refunds handled under Section 12 and applicable law.

Section 5. Orders Through Third-Party Platforms & Service Teams

In addition to buying a Product or commissioning my services directly through my Discord or through any approved alternate direct written channel described in Section 6, you may engage my services or obtain my work through third-party platforms, marketplaces, or service teams, including commission marketplaces, build teams, or development teams I work through.

If you place an order through any such third party rather than directly with me, that order is governed by the terms, policies, and written order record of that platform or team, not automatically by these Terms. Subject to applicable law and any non-waivable consumer-protection, payment-dispute, chargeback, intellectual-property, data-protection, unfair-contract-term, venue, jurisdiction, refund, withdrawal, cancellation, warranty, guarantee, or other mandatory right or remedy, those third-party terms and written order records control payment, deposits, refunds, chargebacks, delivery, intellectual property and licensing, conduct, dispute resolution, and any other issue they address.

For a third-party order, these Terms apply only if the third-party order record expressly incorporates all or part of them. Before I accept payment or begin work on a third-party order for which I am the seller, provider of record, subcontractor responsible for the client-facing work, or otherwise responsible for supplying the work to you, the applicable platform, marketplace, team record, invoice, ticket, or written addendum must identify the material terms for that order, including intellectual-property ownership, license scope, source-code delivery, redistribution rights, support windows, confidentiality, portfolio use, refunds, chargebacks, and post-delivery obligations, except to the extent those terms are already clearly controlled by the third-party platform’s own terms.

If the third-party platform or team is the seller of record and controls the transaction record, I will not accept or begin the order unless the platform record or a written addendum identifies any material terms not already addressed by that platform’s terms, to the extent I control or am legally responsible for those terms.

If no such record is created, no additional contractual ownership transfer, source-code right, redistribution right, resale right, sublicensing right, extended support right, portfolio permission, confidentiality exception, or special refund promise is created, except to the extent stated in the platform terms, a later written addendum, or applicable law.

Nothing in this Section disclaims my responsibility for the quality of work I personally perform, and nothing affects any product sale or commission placed directly with me, which remains fully governed by these Terms. Nothing in any third-party platform or team record limits any right that cannot lawfully be waived or reduces my responsibility for work I personally perform where applicable law imposes that responsibility on me.

Sales, communication, and payment for direct transactions are also facilitated through third-party platforms (including Discord, PayPal, Wise, and Stripe), each of which has its own terms of service. I am not responsible for the availability, actions, or policies of these platforms.

Section 6. Orders, Acceptance of Terms & Pre-Contract Information

Channel. Direct product purchases and commissions normally begin through my Discord (for a commission, through a Discord ticket). If Discord is unavailable, inaccessible because of disability, suspended, deleted, compromised, or otherwise not reasonably usable for a required order, acceptance, payment-confirmation, delivery, support, cancellation/withdrawal, opt-out, or notice step, I will provide or accept an equivalent durable written channel, such as email or another retained written support channel, unless applicable law permits a different process. Any alternate channel must still preserve the affirmative confirmations, written records, withdrawal/cancellation methods, and durable-copy requirements in these Terms and applicable law.

Acceptance of Terms and age confirmation. As part of placing an order or opening a commission ticket, you must affirmatively confirm acceptance of these Terms, and confirm that you meet the eligibility requirements in Section 3 (including that you are at least 18 or the age of majority in your jurisdiction, if higher, and have the legal capacity to enter into this contract), before the sale is completed or before commission-specific discussions proceed. The version of these Terms in effect at the time you complete that confirmation governs your purchase and, for a commission, governs that commission for its entire lifecycle, together with the agreed scope, milestones, invoices, and written records for that commission. I retain a dated record of the Terms version and the age/capacity confirmation you accepted.

Commission defaults highlighted at acceptance. For commissions, at acceptance I will also clearly highlight the following defaults and the rights you have regarding them: (a) I may reuse non-client-specific code, snippets, utilities, configurations, and techniques, subject to your prospective opt-out right under Section 26; (b) I may display sanitized portfolio materials from your commission, subject to your opt-out and revocation rights under Section 27; and (c) I may display, quote, repost, and otherwise use your review under a revocable, non-exclusive license, subject to Section 28.

Pre-contract information. Before you are required to pay and before work begins, I will provide or make available in writing through my Discord, your Discord ticket, invoice, or another retainable written record the material terms for your transaction, including: (a) my legal/business identity and contact information, including my geographic business address, email address, and telephone number, and how to submit a complaint; (b) the main characteristics and digital nature of the Product or the services and any digital deliverables; (c) for a commission, the agreed scope, supported Minecraft/server/software versions, technical assumptions, known compatibility limits, and any included maintenance, update, security-update, or legally required conformity-update commitments, including the duration of any such commitment where applicable; (d) the total price, including any mandatory fees and any tax I am legally required to collect, or the method for calculating any amount that cannot reasonably be calculated in advance; (e) the payment method and timing, and, for commissions, deposits, milestone structure, refund rules, cancellation/withdrawal rights, and support-window rules; (f) how the Product is delivered or any delivery estimate or agreed deadline; (g) any required access, credentials, materials, or client responsibilities; (h) any applicable license restrictions, source-code terms, reuse/portfolio/review defaults, available opt-outs, and, where relevant, functionality, compatibility, and interoperability information; and (i) how to contact me for support, complaints, legal notices, and any statutory withdrawal/cancellation request. You will have a reasonable opportunity to review this information, correct errors, ask questions, accept or decline, and retain or print the written record before the contract is formed. Where EU/EEA or UK consumer law requires it, this information will also include any required reminder of the legal guarantee of conformity for digital content or digital services and, where applicable, the minimum period for which updates (including security updates) will be supplied, or a clear statement that none are included beyond those required by applicable law.

Confirmation of an obligation to pay. For any purchase or commission concluded through an online interface, payment link, invoice, Discord process, or similar electronic process, you must make a separate affirmative confirmation that you approve the transaction and understand that it creates an obligation to pay — for example, by selecting a control labelled “Order with obligation to pay,” “Buy now and pay,” “Approve commission and pay,” or an unambiguous equivalent, or by sending a written statement such as “I approve this purchase/commission and understand I must pay the stated price.” The earlier Terms-acceptance step accepts these Terms but does not replace this final payment-obligation confirmation where applicable law requires one.

Consumers — immediate supply of digital content and effect on the withdrawal right. If you are a Consumer with a statutory withdrawal, cooling-off, or cancellation right (see Section 13), a Product, and any commissioned digital content or digital service, may be supplied immediately. Before Delivery or before work begins, you will be asked to (a) expressly request and consent to the immediate supply of the Product or commencement of the digital content or digital service before the end of any applicable withdrawal period, and (b) acknowledge that, once supply, download, or completed service begins, you will lose or have reduced your statutory withdrawal right to the extent applicable law allows. Where applicable law allows the withdrawal right to be lost, reduced, or proportionately charged because you requested immediate supply, that consequence applies only if this consent, this acknowledgement, and any other legally required condition are satisfied and a durable confirmation is provided. For a Product, I will not begin Delivery, and will not treat any download, file transfer, or access as having started, until that consent and acknowledgement have been captured on a durable medium. If the law that applies to you does not allow the right to be lost in that way, or if these conditions are not satisfied, your statutory rights remain unaffected and are handled under Section 13. The durable record will record any such request, consent, acknowledgement, the date and time given, the affected Product or deliverable, and the legal consequence disclosed to you. I will not rely on loss, reduction, extinguishment, or proportionate charging of any statutory withdrawal, cooling-off, or cancellation right unless all legally required conditions are satisfied.

Durable copy. After your purchase is confirmed or your commission is formed, I will provide you with a durable, retainable copy of the accepted Terms version and the transaction-specific record — for example, by email, PDF, downloadable transcript, exported Discord-ticket transcript, or invoice attachment — that you can store, access, and reproduce unchanged for a reasonable period. A Discord message, website page, or link alone is not sufficient unless provided in a retainable form. Where applicable law requires the contract confirmation or copy to be provided by a specific deadline, I will provide it within that deadline and, for services or digital work beginning shortly after formation, no later than before work begins unless applicable law permits otherwise.

Section 7. Pricing

Products are priced per Product and identified at the point of sale by name, version, and price.

Commissions are priced on a per-project basis. Estimates are provided after scope is discussed. Prices are agreed upon in advance and invoiced through PayPal, Wise, or Stripe. Additional payment methods may be added at my discretion in the future.

Additional Fees and New Work Approval. Any rush fee, out-of-scope fee, post-window support fee, resumption-related charge, license-transfer administrative fee, or other additional charge will be disclosed to you in writing before the related work, transfer, or service is performed. You are not required to pay any additional charge unless you first approve that charge, or the method for calculating it, in writing through my Discord, your Discord ticket, invoice, or another retained written record. This does not affect amounts already owed for an agreed scope, completed milestones, approved third-party costs, or any remedy required by applicable law.

Section 8. Payment, Deposits & Currency

Payment — products. A sale is confirmed only once payment has been received and acknowledged by me. Full payment is required before Delivery. You agree to provide accurate payment and contact details and not to use fraudulent or unauthorized payment methods.

Payment and deposits — commissions.

• Non-live work (plugin development, server building performed in an environment I control): a 50% deposit is required before work begins. The remaining 50% is due before delivery.
• Live work (configuration, optimization, or building performed directly on your machine or hosting environment): 100% payment is required before work begins.

For purposes of these Terms, “work begins” means the point after acceptance of these Terms and receipt of the required payment when I begin commission-specific production work, including coding, configuration, server setup, testing, optimization, or accessing your systems to perform the agreed work. Preliminary discussion, quoting, scope clarification, invoice preparation, and administrative setup do not count as work beginning. “Delivery” and “delivered” are described in Section 11.

All amounts paid before work begins — whether a 50% deposit (non-live work) or a 100% prepayment (live work) — are fully refundable until work begins. Once work begins, refunds follow Section 12. Invoices must be paid within 72 hours of issuance. If payment is not received within 72 hours and no alternate timeframe has been agreed upon in writing, the commission may be cancelled at my discretion.

Currency & processing costs. All invoices are issued in U.S. Dollars (USD). Quoted prices are inclusive of my own payment-processing costs; I do not add a separate surcharge or processing fee to your invoice for paying by card or through PayPal, Wise, Stripe, or a similar service. Your own bank, card issuer, PayPal, Wise, Stripe, or other payment provider may separately charge currency-conversion fees, international transaction fees, exchange-rate spreads, or similar charges that I do not receive or control. Those third-party charges are separate from the invoice price unless applicable law requires otherwise. For Québec consumer distance contracts, payment methods that do not provide any chargeback mechanism required by applicable Québec law may be unavailable for pre-performance deposits or prepayments. Any mandatory tax or fee I am legally required to collect is handled under Section 9.

Section 9. Taxes

You are responsible only for taxes, duties, import charges, reverse-charge obligations, or government fees that applicable law imposes directly on you and that I am not legally required to collect, report, or remit. I am responsible for taxes imposed on me and for any tax I am legally required to collect, report, or remit. I handle my own tax obligations under the laws that apply to me, including U.S. federal law and Florida law. Where I am legally required to collect sales tax, use tax, value-added tax (VAT), goods-and-services tax (GST), harmonized sales tax (HST), Quebec sales tax (QST), provincial sales tax (PST), or a similar tax or government-imposed charge, I may add it to your invoice, but I will identify it separately before you pay and before the contract is formed. Before you are required to pay, I will disclose the total amount payable by you, including any mandatory charge I can calculate in advance, or the method for calculating any amount that cannot reasonably be calculated in advance.

Section 10. Milestones (Commissions)

For all commissions involving in-progress work, milestones will be defined and recorded in your commission’s Discord ticket, invoice, email, separate project document, or another retained written record before work begins. For larger projects, I may also track milestones in a separate document. Milestones serve as the reference point for partial refunds in the event of cancellation.

For digital deliverables, the written scope will identify the Minecraft, server, plugin, proxy, Discord, Java, operating-system, hosting, software, dependency, and other technical versions or environments for which the deliverable is being built, together with any known compatibility limits, excluded environments, update commitments, security-update commitments, and assumptions that are material to the commission.

For commissions involving mixed work, the written scope will identify, where legally relevant, whether each material component is being supplied as a service, digital content, digital service, or a combination of those categories. The written scope will also identify any component-specific delivery point, support window, conformity-update or security-update commitment, and any withdrawal/cancellation consequence that applies to that component under applicable law.

Section 11. Delivery

Products. Products are delivered digitally through my Discord (for example, by direct message, file upload, or a download link) after payment is confirmed. It is your responsibility to download and securely store your Product. I am not obligated to store copies indefinitely, but I will make reasonable efforts to re-send a purchased Product to a verified buyer on request.

Commissions. For a commission, “delivery” and “delivered” mean the point at which the completed work, or a separately identified deliverable, is actually made available to you in the agreed manner so that you can reasonably access and review it. Delivery may occur by providing the files, by installing or deploying the work in the agreed environment, or by giving written notice that deployed work is complete and available for review in an environment to which you have reasonable access. A notice that work is “complete,” “ready,” or “ready for review” does not constitute delivery unless the deliverable is actually accessible to you in the agreed manner.

Failed delivery (both). If a delivery method fails, is inaccessible, or does not allow reasonable review or access through no fault of yours, Delivery occurs only when the Product or deliverable is re-sent, re-deployed, or otherwise made reasonably accessible, unless applicable law treats delivery, receipt, or supply differently.

Section 12. Refunds

Products. All sales are final, except where applicable law requires a refund, repair, replacement, or other remedy (see Sections 13, 14, and 15). Because Products are digital goods delivered immediately, no discretionary refund is provided once a Product has been Delivered or access has been granted. For Consumers with a statutory withdrawal, cooling-off, or cancellation right, this rule is subject to Section 13. If a Product is materially defective and I am unable to provide a working fix within a reasonable time, I may, at my sole discretion, offer a repair, replacement, or partial remedy; this is a courtesy and not a guarantee of a refund.

Commissions.

• Before work begins: fully refundable.
• In progress: refunds are calculated based on the percentage of completed milestones. Partially completed milestones are refunded on a reasonable pro-rata basis reflecting work performed. If milestones were not defined or do not reasonably cover the work already performed, the refund will be calculated on a reasonable pro-rata basis using the agreed scope, work actually completed, and any non-recoverable third-party costs already incurred for your commission, but only if those costs were included in the agreed scope, disclosed to you before they were incurred, approved by you in writing where approval was required, or otherwise deductible under applicable law. I will itemize any such deduction for you. No third-party-cost deduction will apply to the extent applicable law prohibits the deduction or requires a greater refund.
• After delivery: no cash refund is provided for conforming work. For non-conforming work, I will first offer correction under Sections 18 and 20, free of charge during the applicable support window.

Both. This “all sales final” rule (products), the no-cash-refund rule after delivery (commissions), the correction-first offer, and the “as-is” disclaimer do not limit Section 34 of these Terms, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) where applicable, or any other non-waivable warranty, refund, damages, repair, correction, update, security-update, chargeback, consumer-protection, digital-content, digital-service, unfair-contract-term, unfair-trading, or other remedy you have as a consumer, business, or other person protected under applicable law, including U.S. federal law, Florida law, and any mandatory consumer-protection law that applies to you (including the rights preserved in Sections 13, 14, and 15).

Any refund owed will be issued within 10 business days of the event giving rise to it, unless applicable law requires a shorter period or requires the deadline to be measured differently, including by calendar days. Where a statutory withdrawal, cooling-off, cancellation, chargeback, or consumer-protection rule requires refund or reimbursement within a specific period, I will follow that legally required period. Refunds will be made using the same payment method you used for the original transaction unless you expressly agree otherwise, the original payment method is unavailable, or applicable law or payment-provider rules require or permit another method. I will not impose any fee for issuing a refund, except to the extent a deduction is expressly permitted by applicable law and disclosed as required. Refunds in specific situations are also governed by other provisions of these Terms: see Section 3 (age misrepresentation) and Section 31 (cancellation for unresponsiveness).

Section 13. Consumer Statutory Withdrawal, Cooling-Off & Cancellation Rights

If you are a Consumer, the law of your jurisdiction may give you a statutory right to withdraw from, cancel, or cool off from a distance or online contract within a set period (for example, 14 days for Consumers in the EU/EEA and the United Kingdom). This Section applies to those rights, is in addition to any other non-waivable right you have, and does not limit any of them.

Effect on immediately-supplied digital content. Because Products, and some commissioned digital content or digital services, are usually supplied immediately, your statutory withdrawal right may not apply, or may be lost, reduced, or proportionately charged, once supply, download, or completed service begins — but only where you gave the prior express consent and acknowledgement described in Section 6 and I provided the required durable confirmation. This is why Section 12 provides that product sales are final. Where those conditions are not met, or where applicable law does not allow the right to be lost, reduced, or charged in that way, you keep your statutory withdrawal right for the period required by law, and any refund or reimbursement owed will be handled as that law requires.

How to withdraw or cancel. Where a statutory withdrawal, cooling-off, or cancellation right applies, you may exercise it by any clear written statement — through my Discord or your Discord ticket, by email to [email protected], by using the model form in Appendix A, or by using the online withdrawal function described below. Use of the model form or the online function is optional and does not limit any other method that applicable law requires me to accept.

Online withdrawal function. Where applicable law requires an online withdrawal function for a contract concluded through an online interface, I will make available a clearly labelled, easily legible, provider-controlled online control labelled “Withdraw from contract here” or an unambiguous equivalent. It will be continuously available and easily accessible throughout the applicable withdrawal period, will not require any registration, login, application, or download beyond what was used to make the purchase or open or conclude the commission, and will allow you to provide or confirm your name, the purchase or commission reference, and the email or other electronic means where confirmation should be sent, followed by a separate step labelled “Confirm withdrawal” or an unambiguous equivalent. Because purchases and commissions are arranged through Discord, which I do not fully control, I host this online withdrawal function myself at a dedicated, provider-controlled page on zenologiamc.com (linked from the invoice and durable record) rather than solely within Discord, so that it remains continuously available and easily accessible throughout the applicable withdrawal period without depending on Discord’s availability; a Discord control, pinned message, slash command, or link may supplement it but will not be the only method where a continuously available and easily accessible online function is legally required. After submission, I will send an acknowledgement of receipt on a durable medium without undue delay, including the content of your declaration and the date and time of submission. If applicable law requires an online withdrawal function and no compliant function is operational for the channel, I will not conclude the affected consumer transaction through that online channel until a compliant function is made available, unless applicable law permits a different process.

Post-withdrawal handling. If you validly exercise a statutory withdrawal, cooling-off, or cancellation right, I will provide any refund, reimbursement, and confirmation required by applicable law, and you must stop using, accessing, redistributing, or making available the affected Product or digital content or digital service and must destroy any copies in your possession. For a commission, where required, I will stop using non-personal content that you provided or created in connection with the affected digital content or digital service, and I will make such content available to you or delete, restrict, or retain it only as applicable law permits. Nothing in this Section requires deletion of records or backups I am legally permitted or required to retain for tax, security, chargeback, fraud-prevention, legal-hold, dispute-resolution, or other lawful preservation purposes; those records are kept only for the periods set out in my Privacy Policy, but retained material will not be used for portfolio, reuse, resale, open-source release, or any other promotional purpose after a valid withdrawal except to the extent applicable law permits or you separately consent.

Reimbursement timing. Any reimbursement owed on a valid withdrawal will be made without undue delay and within the period required by applicable law, using the same payment method you used unless you expressly agree otherwise. Using the online withdrawal function or the model form does not create a withdrawal or refund right where none exists, or where the right has lawfully expired, been lost, reduced, or become subject to a lawful proportionate charge; but where you validly exercise such a right, I will provide the refund, reimbursement, confirmation, and post-withdrawal handling required by law. The model form in Appendix A is provided for convenience; where applicable law allows withdrawal or cancellation by any clear statement, you are not required to use it.

Section 14. Québec Consumer Distance Contracts

If you are a Consumer located in Québec and your purchase or commission is a distance contract governed by the Québec Consumer Protection Act, the written record will include all Québec-required distance-contract information, including, where required, your name and address; the date the contract is entered into; my required merchant identity and contact information; a detailed description of the Product or the services, digital content, digital services, deliverables, technical specifications, supported environments, and material restrictions; an itemized statement of the price, taxes, duties, fees, and other charges; the total amount payable; the currency; payment terms; the date, deadline, or time period for performance of my principal obligation; delivery method where applicable; and the cancellation, return, exchange, refund, and chargeback conditions.

Before the Québec consumer distance contract is formed, I will give you an express opportunity to accept or decline the proposal and to correct errors, and I will send you a copy of the contract in a form you can retain and print within the time required by Québec law. I will not request or accept a pre-performance deposit or prepayment for a Québec consumer distance contract unless the payment method and transaction structure give you any chargeback right required by Québec law, or another legal exception applies. If Québec law gives you a cancellation, refund, chargeback, timing, copy, disclosure, or correction right because a required disclosure, copy, correction opportunity, chargeback right, or performance timing requirement was not satisfied, that Québec right controls. Nothing in this Section reduces any refund, cancellation, chargeback, withdrawal, consumer-protection, or other non-waivable right you have under Québec law.

Section 15. Australian Consumer Law

If the Australian Consumer Law (ACL) applies to you, the following applies in addition to, and does not limit, your other rights and remedies.

Consumer guarantees — goods. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. Products supplied under these Terms — including plugins, mods, and server setups — and any deliverable treated as computer software or digital goods are goods for the purposes of the Australian Consumer Law, and this guarantee applies to them accordingly.

Consumer guarantees — services. Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with the service, you are entitled to cancel the service contract with us and to a refund for the unused portion, or to compensation for its reduced value; you are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have the problem rectified in a reasonable time and, if this is not done, to cancel the contract and obtain a refund for the unused portion.

Goods and services together. If a transaction is characterized as supplying both goods and services, our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to choose a refund or replacement for major failures with goods, and for major failures with the service to cancel the service contract and obtain a refund for the unused portion or compensation for its reduced value. If a failure with the goods or service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time; if this is not done, you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage.

Warranty against defects. To the extent any promise in these Terms (including any correction or support promise in Sections 18 and 20) is treated as a warranty against defects, the warranty is given by:

Zenologia LLC, 1209 Mountain Road Pl NE STE N, Albuquerque, Bernalillo County, NM 87110, USA. Email: [email protected]. Telephone: +1 (954) 621-2291.

To make a claim under that warranty, contact me through my Discord or your Discord ticket, or by email at [email protected], with your purchase or commission reference, a description of the issue, and any information, screenshots, logs, or files reasonably needed to assess it. For a commission, the warranty covers eligible issues reported during the 7-day review period and the applicable contractual support window described in Section 20; that contractual timing does not limit any longer warranty, guarantee, remedy, or claim period required by the Australian Consumer Law or any other applicable law. If the claim is covered, I will repair, replace, re-perform, re-supply, or otherwise remedy the affected Product or deliverable at no charge, or provide any other remedy required by the ACL. You are responsible for your ordinary costs of making a claim except to the extent the ACL requires me to reimburse reasonable expenses for a valid claim; if you claim reimbursement, provide reasonable details and proof of the expense. The benefits given by these Terms are in addition to other rights and remedies you have under law. If a warranty-against-defects statement is provided in an invoice, delivery note, ticket, support page, or other document outside these Terms, that document will include or be accompanied by the required Australian Consumer Law warranty-against-defects information and mandatory text.

Section 16. Cancellation & Termination

Cancellation of a commission before delivery. You may cancel a commission at any time before delivery by stating so in writing through your Discord ticket, by emailing [email protected], or by any other written notice method that these Terms or applicable law require me to accept. Refunds owed will be processed per Section 12 and issued within 10 business days of cancellation, unless applicable law requires a shorter period or requires the deadline to be measured differently. After delivery, requests for correction, support, refund, statutory withdrawal, statutory cancellation, chargeback, or other legally protected remedies are governed by Sections 6, 12, 13, 18, 20, 33, and 34, and applicable law, rather than by ordinary pre-delivery cancellation.

Termination of a license. I may suspend or terminate any license granted under these Terms, without refund, if you materially breach these Terms — including by redistributing a Product or delivered work or initiating a bad-faith chargeback. Upon termination, you must cease all use of the affected Product or work and destroy all copies in your possession. This Section does not affect any accrued right or any non-waivable remedy preserved under Sections 12 through 15, 34, and 33, or applicable law.

Section 17. Rush Orders (Commissions)

Rush turnaround may be requested. Any rush fee will be disclosed to you in writing based on the scope and urgency of the request. A rush fee applies only if you approve it in writing before the rush work begins. I may not always be able to accommodate rush requests due to other obligations.

Section 18. Scope, Revisions & Additional Work (Commissions)

• Work performed not matching the originally agreed-upon scope, or otherwise failing to conform to the written commission record, will be corrected free of charge if the issue is reported during the review period or applicable support window described in Section 20. Nothing in this bullet limits any longer or different correction, repair, update, refund, cancellation, chargeback, warranty, guarantee, conformity, or other remedy required by applicable law.
• Anything outside the original scope is treated as new work. Before I charge for new work, I will describe the requested change and the added price, or the method for calculating it, in writing. The added work and added charge apply only if you approve them in writing before that work begins. Extremely minor requests may be handled without charge at my discretion.
• Additions made during an active commission are subject to a new written invoice or written scope update approved by you before the additional work begins.

Section 19. Timelines (Commissions)

Project timelines are estimates unless the written commission record expressly identifies a date or time period as a firm deadline. An estimate is not a guarantee and may change based on scope changes, required client input, third-party platform issues, or circumstances beyond my reasonable control.

If the written commission record expressly states a firm deadline, I will deliver by that deadline unless performance is delayed or prevented by your delay, your failure to provide required input, access, or materials, an agreed scope change, a force majeure event, a third-party platform or hosting issue, or another circumstance beyond my reasonable control. If such a circumstance occurs, I will communicate the delay when reasonably able and provide a reasonable updated timeline where possible. Nothing in this Section limits any non-waivable right you may have under applicable law if work is not supplied by an agreed deadline or within a legally required reasonable time. For a Québec consumer distance contract, the written record will state the date or time period for performance of my principal obligation where Québec law requires it, and nothing in this Section limits any Québec cancellation, refund, chargeback, or other remedy that applies if the principal obligation is not performed within the required time.

Section 20. Support, Updates & Support Windows

Products — updates and support. Unless expressly stated at the point of sale, purchase of a Product does not include a guarantee of future updates, compatibility with future Minecraft or software versions, or ongoing support. Any updates or support that I provide are offered at my discretion. This does not limit any non-waivable right you may have under applicable law to receive corrections, conformity remedies, or updates (including security updates) that are legally required because a Product was non-conforming when supplied or because applicable law requires such updates for a legally required period. Whether a Product includes future updates, and for how long, depends on how that Product is sold, as described below and as stated at the point of sale; where the point-of-sale terms for a specific Product differ from this Section, the point-of-sale terms control for that Product.

• One-time (single) purchases: where a Product is sold as a one-time, single purchase, that purchase includes all updates I release for that same Product at no additional charge, for the lifetime of the Product (“lifetime updates”). “Lifetime updates” means updates to that same Product for as long as I continue to develop, maintain, and offer it; it is not a promise that I will create any particular update, that I will maintain the Product indefinitely, or that the Product will remain compatible with future Minecraft or software versions. It does not include any separate or successor Product that I offer as a distinct paid item. If I discontinue a Product, updates for it may stop.
• Subscription-based Products: where a Product is offered on a subscription or other recurring-payment basis, updates for that Product are included only while your subscription is active and paid in full. If your subscription ends, lapses, or is cancelled, or a subscription payment is not made when due, your right to receive further updates stops. Any right to continue using the most recent version already delivered to you before that time will be as stated at the point of sale for that subscription.
• Private forks and customizations: a private, custom, or modified version of a Product — including any fork, reskin, feature change, rebuild, or variant tailored to you or your server — is not included in the purchase price of a stock Product and is not provided as a free update under this Section. Any such work is custom or commissioned work, is quoted and charged separately, and is governed by these Terms as a commission, whether or not it is based on a Product you already purchased.

Commissions — free post-delivery support windows. Free post-delivery support is included for the following durations, beginning when the support window starts as determined under this Section:

• Plugin configuration, mod configuration, optimization, Discord integration, proxy setup: 7 days
• Custom plugin development: 30 days
• Full server setup: 45 days

These support windows are contractual support periods and do not define, shorten, or replace any longer update, security-update, conformity, repair, correction, or remedy period that applies under mandatory consumer-protection, digital-content, digital-service, or similar law. If a commission includes multiple service categories, the agreed written scope may assign separate support windows to separate deliverables or components. If the written scope does not specify separate component-specific support windows, the longest applicable support window listed above applies to the commission as a whole. If separately identified deliverables are delivered on different dates, each deliverable has its own review period and support window unless we agree otherwise in writing.

For purposes of this Section, the day of delivery is “Day 1.” Days 1 through 7 are the review period for you to inspect the deliverable and report any issue that falls within the agreed scope or any applicable conformity obligation. If you confirm completion during the review period, the applicable free post-delivery support window still begins on Day 8 unless we agree in writing to begin it earlier. If you neither confirm completion nor raise an issue during the review period, the contractual support window begins on Day 8. Silence during the review period starts only the contractual support-window timing described in this Section; it does not, by itself, waive objections, prove legal conformity, limit chargeback rights, or waive, shorten, delay, condition, or restrict any statutory warranty, guarantee, withdrawal, cancellation, refund, repair, replacement, update, security-update, damages, consumer-protection, data-protection, unfair-contract-term, unfair-trading, or other non-waivable right or remedy under applicable law. If you raise a conformity issue during the review period, the support window begins on the day work is re-delivered following resolution. A conformity issue reported during the review period is covered as if reported during the support window.

Example: a 7-day configuration job is delivered on the 1st (Day 1). If you say nothing during the review period, Days 1–7, the contractual 7-day support window begins on Day 8 and ends at end-of-day on Day 14. This timing rule does not by itself mean that you accepted the work for purposes of any non-waivable legal right.

Support during these windows covers only work I personally completed and only issues caused by that work. Requests outside the free support window or outside the covered scope are treated as new work; I may quote a price for that work, but no additional charge applies unless you approve the quoted price, or the written method for calculating it, before the additional work begins. This post-window pricing rule does not limit Section 34 of these Terms, the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) where applicable, or any other non-waivable warranty, refund, repair, correction, update, security update, damages, consumer-protection, digital-content, digital-service, unfair-contract-term, unfair-trading, or other remedy you have under applicable law. Where such a non-waivable right requires correction of a latent non-conformity, a legally required update, or another legally required remedy for work I originally delivered, I will provide that correction, update, or remedy as that law requires, notwithstanding expiry of the support window.

The review period and post-delivery support window described in this Section are separate from any statutory withdrawal, cooling-off, or cancellation right available to a Consumer under Sections 6 and 13 or applicable law. Any withdrawal function described in Section 13 remains available throughout the applicable statutory period, independent of the review and support windows in this Section. If the Australian Consumer Law applies, the warranty-against-defects information in Section 15 also applies to the correction and support promises in this Section and in Section 18.

Section 21. Out-of-Scope Issues Not Covered by Free Support (Commissions)

The following are not covered by any free support window and are treated as new commissions:

• New Minecraft, Paper, Velocity, Discord, plugin, mod, hosting, operating-system, Java, or other third-party platform versions released after delivery that require new compatibility work, migration, redesign, or feature changes, unless expressly included in the written scope. The written scope will identify the supported versions, environments, dependencies, compatibility assumptions, excluded versions, and any included maintenance, update, or security-update commitments for each deliverable. This exclusion does not limit any non-waivable right you may have under applicable law to receive corrections, conformity remedies, or updates, including security updates, that are legally required because the delivered work was non-conforming when supplied or because applicable law requires such updates for a legally required period.
• Conflicts, bugs, or breakages caused by plugins, mods, or configuration changes installed or made by you or any third party after delivery.
• Any change made by your hosting provider, control panel, or operating system that affects work I delivered.
• World corruption, hardware failure, or other factors outside my reasonable control, except to the extent the issue was caused by work I personally performed or must be remedied under Section 20, Section 34, or applicable law.

Requests for work described in this Section are treated as new work. I may quote a price for that work and may waive charges for minor fixes, but no additional charge applies unless you approve the quoted price, or the written method for calculating it, before the additional work begins. This Section applies only to new out-of-scope work and does not limit any non-waivable right preserved in Sections 20 and 34.

Section 22. Your Responsibilities & Access

Access (commissions). You are responsible for providing any access required to complete your commission, including FTP, SFTP, control panel logins, console access, server credentials, or similar access. Specific requirements will be communicated per project. If you are unable or unwilling to provide required access, or if the access limitations materially change the work method, scope, complexity, or timeline from what was agreed, I may either cancel the commission with refunds handled under Section 12, or propose revised scope, pricing, and timeline in writing. Revised pricing applies only if you affirmatively agree to it in writing before the additional or changed work begins. If I cancel a commission under this Section because required access is not provided, refunds are handled under Section 12: if cancellation occurs before work begins, amounts paid are fully refundable; if after work begins, any refund is calculated based on completed milestones, reasonable pro-rata work performed, and any non-recoverable third-party costs deductible under Section 12.

Your representations (both). You represent and warrant that you own, or are authorized to grant access to, any systems, accounts, servers, and materials you provide or ask me to work on, and that the work you request, and your use of any Product, does not infringe or violate any third party’s rights or terms. You are responsible for any access you authorize. If you ask me to include or display any client-owned or third-party branding, logos, names, marks, artwork, screenshots, or other assets in portfolio materials, you represent that you have the right to authorize that use.

Compliance (both). You are responsible for ensuring that your server, Discord server, plugins, integrations, analytics, logs, moderation tools, player-data collection, Discord-data collection, age-gating, parental-consent flows, notices, monetization, advertising, community features, and requested or purchased functionality comply with all privacy, data-protection, child-safety, consumer-protection, platform, and advertising laws and rules that apply to you and your users. I may refuse, pause, or discontinue work that I reasonably believe would require unlawful or non-compliant collection, use, disclosure, retention, export, publication, monetization, or processing of personal data, child data, player data, Discord data, credentials, secrets, or protected information. Refunds in that situation will be handled under Section 12 and applicable law.

Credentials and your own backups (commissions). I will store any credentials you provide securely and use them only as reasonably necessary to perform, document, support, secure, or resolve the commission. I will delete, remove, or disable locally stored live credentials promptly when they are no longer needed for the commission and, in any event, promptly after the commission is complete, except for credentials or secrets that are embedded in a retained backup as described in Section 30. You are responsible for rotating, revoking, or disabling credentials, tokens, API keys, passwords, and access permissions after the commission is complete or when access is no longer needed. You are solely responsible for maintaining independent backups of all systems, files, databases, worlds, configurations, and other data before granting access. I am not liable for data loss caused by third-party plugins, mods, hosting providers, hardware, client-side changes, third-party changes, missing or outdated backups, or other factors outside my reasonable control. To the extent data loss is caused by my work, any liability is governed by Section 34 and is not excluded beyond what applicable law permits.

Section 23. Delays on My Side / Force Majeure (Commissions)

I will deliver work within communicated estimates wherever reasonably possible. I am not responsible for delay caused by circumstances beyond my reasonable control, including illness, medical emergency, family emergency, power or internet outage, hosting provider downtime, third-party platform downtime, or other force majeure events, provided I communicate the delay through your Discord ticket or another reasonable written channel when reasonably able to do so.

A delay caused by circumstances beyond my reasonable control is not, by itself, a breach of these Terms and does not, by itself, create an additional refund right beyond the refund, cancellation, or remedy rights provided in these Terms or required by applicable law. However, nothing in this Section limits your right to cancel the commission and receive any refund owed under Section 12, nor does it limit any non-waivable remedy you may have under applicable law for failure to deliver by an expressly agreed firm deadline, failure to supply within a legally required reasonable time, non-supply, or other legally protected delay-related claim.

Section 24. Intellectual Property & Licensing

Ownership. As between you and me, I retain ownership of the Products, and of the original plugins, code, source materials, documentation, configurations, assets, design, and other protectable materials I create, at all times, except for your pre-existing materials, data, branding, and any third-party or open-source components. You receive a license to use the Product or delivered work — not ownership of it. All Products and delivered work are protected by applicable copyright and intellectual-property law, and any unauthorized use, reproduction, or distribution is a material breach of these Terms and may result in license termination. For configurations, processes, methods, techniques, know-how, or other materials that may not be independently protectable under copyright or other intellectual-property law, the use and disclosure restrictions in these Terms apply as contractual restrictions only to the maximum extent permitted by law.

License grant — Products. Upon full payment, I grant you a limited, non-exclusive, non-transferable, revocable license to install and use the Product solely on Minecraft servers that you personally own and operate, including reasonably necessary staging, testing, backup, and replacement environments for those same servers.

License grant — Commissions. Unless a separate written rights-transfer record says otherwise, you receive a non-exclusive license to use the delivered work for the server(s), Discord server(s), hosting environment, or project identified in the agreed scope, including reasonably necessary internal development, staging, testing, backup, archival, disaster-recovery, security-scanning, and replacement or migration environments for that same identified project. This does not permit use for a separate project, resale, redistribution, sublicensing, publication, or transfer except as expressly allowed below or in a written rights-transfer record. This license is non-transferable except as provided below.

License restrictions (both). Except as expressly permitted above, you shall not:

• Redistribute, share, resell, sublicense, lease, lend, publish, or otherwise make the Product or delivered work available to any third party for independent use;
• Upload or post the Product or delivered work to any marketplace, forum, file host, code repository, or “leak” site;
• Provide the Product or delivered work, its files, or its source to anyone else, including for use on servers or projects you do not personally own and operate;
• Claim authorship of, or misrepresent ownership of, the Product or delivered work;
• Decompile, reverse-engineer, or extract the code for the purpose of redistribution or creating a competing product;
• Remove, obscure, or alter any copyright, licensing, or authorship notices.

Limited access right (both). You may allow your hosting provider, server co-owner, project co-owner, server staff, authorized administrators, employees, contractors, backup provider, or technical support provider to access the Product or delivered work solely as reasonably necessary to operate, maintain, secure, back up, or support the server(s), Discord server(s), hosting environment, or project for which it was purchased or delivered. You remain responsible for their compliance with these Terms. This limited access right does not permit resale, redistribution, sublicensing, publication, use for another project, or transfer of the license except as expressly allowed in this Section.

License transfer (commissions). The license may be transferred to a subsequent owner of the server(s) for which the work was delivered, with my prior written consent (not to be unreasonably withheld). If I charge an administrative fee for processing the transfer, I will disclose the amount in writing before the transfer is processed, and the fee will be limited to a reasonable amount for the administrative work involved. No transfer fee is owed unless you approve it before the transfer is completed; this license transfer is separate from the assignment restriction in Section 42.

Full ownership and rights transfer (commissions). I claim no ownership of your pre-existing materials, data, or branding; the ownership above covers only what I create. If you wish to obtain full ownership, copyright assignment, redistribution rights, resale rights, sublicensing rights, or source-code redistribution rights, those rights must be requested explicitly, priced separately, and granted only through a written rights-transfer record electronically signed by me with intent to sign and capable of being retained and accurately reproduced. A Discord message, invoice, scope document, or separate rights-transfer document may satisfy this requirement only if it clearly states that I am electronically signing or approving the rights transfer, identifies the specific deliverable, identifies the rights being transferred, identifies any excluded materials, and states whether the transfer is effective immediately or only after full payment. Unless that written rights-transfer record expressly says otherwise, full ownership does not include ownership of third-party materials, open-source components, pre-existing tools, reusable libraries, generalized know-how, or materials not created by me.

Moral rights and non-transferable rights. Any rights-transfer record transfers, assigns, licenses, or waives only those rights that may lawfully be transferred, assigned, licensed, or waived under applicable law. To the maximum extent permitted by applicable law, for any rights and uses expressly granted to you in these Terms or in a written rights-transfer record, I waive and agree not to assert against you, your permitted successors, or your authorized users any moral rights, author’s rights of attribution or integrity, droit moral, or similar non-economic author rights in the work I created for you. Where applicable law does not allow waiver or assignment of such rights but allows consent, I consent to your exercise of the rights expressly granted to you, including reasonable modification, integration, adaptation, operation, maintenance, attribution, non-attribution, transfer, or sublicensing to the extent those acts are within the rights actually granted. Nothing in this paragraph expands your rights in third-party materials, open-source components, your pre-existing materials, or any work not created by me.

Third-party and open-source components (both). Some Products and deliverables, particularly pre-made server setups, may include or depend on third-party plugins, mods, software, or assets that are subject to their own separate licenses and terms. The license granted under these Terms covers only my own original work. Where a third-party or open-source license grants you rights, requires notices, requires attribution, requires delivery of license text, requires a source-code offer, requires corresponding source, or otherwise conflicts with the restrictions in these Terms, that license controls as to that component and as to any combined or derivative work to the extent required by that license. Where I include any such component in a Product or deliverable, I will provide or make available at Delivery the license text, attribution notices, NOTICE files, source-code offer, corresponding source, or other materials that the applicable license requires. You are solely responsible for reviewing and complying with the licenses of any third-party components, including obtaining any required paid license for premium third-party software.

Mandatory software and exhaustion rights (both). Nothing in this Section restricts any backup-copy, lawful-use, error-correction, observation, study, testing, interoperability, decompilation, resale, transfer, exhaustion, or similar right that applicable law requires me to permit for a lawfully acquired computer program or digital deliverable — including any right to decompile to the extent necessary to achieve interoperability with an independently created program, as permitted under the EU Software Directive or equivalent national implementing law. Any such mandatory right applies only to the extent, and subject to any conditions, limitations, or procedures, required or permitted by applicable law. Nothing in this paragraph grants broader resale, redistribution, sublicensing, publication, source-code access, or multi-project use rights than applicable law requires.

Section 25. Source Code (Commissions)

Source code is not included in the default deliverable for custom plugins. Source code may be purchased for an additional fee.

Delivery of source code is a delivery-format change only. It does not transfer copyright ownership, redistribution rights, resale rights, sublicensing rights, or open-source release rights unless those rights are separately granted under the written rights-transfer process in Section 24.

The default exclusion of source code applies only to source code I am not otherwise required to provide. Nothing in this Section limits any source-code, corresponding-source, notice, attribution, license-text, or redistribution right that you receive under an applicable third-party or open-source license.

Section 26. Reuse, Resale & Open Source (Commissions)

By default, I reserve the right to reuse code, snippets, utilities, configurations, or techniques developed during your commission in future work. This default reuse right covers only general code, snippets, utilities, configurations, and techniques that are not recognizably specific to you, your server(s), your branding, or your confidential information; anything recognizably specific to you is governed by Sections 24 and 29 and the “generalized version” standard below. You may opt out of this reuse right by stating so in writing through your Discord ticket, by email to [email protected], or through another retained written record. An opt-out applies prospectively from the time I receive it and does not require me to recall, remove, rewrite, or modify work already reused or delivered before the opt-out. Regardless of timing, I will not reuse client-specific materials, confidential information, credentials, secrets, private configurations, or anything recognizably specific to you except as allowed by these Terms or by your written consent.

I will not resell, release, or open-source a generalized version of work I produced for you unless you opt in to this in writing through your Discord ticket, by email to [email protected], or through another retained written record. A “generalized version” means a version that has been abstracted so that it contains nothing recognizably specific to you, your server(s), your branding, or your confidential information.

You may not redistribute or resell any work delivered to you unless you have been granted those rights under Section 24. If a written rights-transfer record under Section 24 grants you full ownership, a copyright assignment, or exclusive rights in specific work, the reuse, resale, release, and open-source rights described in this Section do not apply to that work, except to the extent the written rights-transfer record expressly reserves rights to me. If a written rights-transfer record grants only non-exclusive redistribution, resale, sublicensing, or source-code redistribution rights, that grant does not by itself restrict my reuse rights unless the record expressly says so.

I will only reuse, resell, release, or open-source work to the extent I have the right to do so, including under the licenses of any third-party or open-source components incorporated in it. Nothing in this Section prevents me from using the general skills, knowledge, and know-how I retain in unaided memory, provided that I do not (a) use your confidential information or (b) reuse a specific deliverable or technique that you have opted out of or that is subject to a written rights-transfer record under Section 24 restricting my reuse. This residual-knowledge right applies to my general expertise, not to your specific deliverables.

Section 27. Portfolio & Showcase Rights (Commissions)

By default, I may publicly display sanitized screenshots, high-level plugin demonstrations, configuration summaries, and other non-confidential portfolio materials from your commission on my website, Discord, BuiltByBit profile, GitHub, YouTube, TikTok, X, and other promotional channels. Portfolio materials will be sanitized to exclude credentials, secrets, server addresses, personal information, confidential business information, private configurations, client-specific technical details, client-owned branding, logos, trademarks, copyrighted artwork or assets, and third-party marks or copyrighted materials, unless you expressly authorize that specific use in writing and represent that you have the right to grant that permission. I will not publicly display source code excerpts, private configurations, client-specific systems, or materials from work for which you purchased full ownership, a copyright assignment, exclusive rights, or any other rights-transfer record that excludes portfolio use, or for which you opted out of portfolio use under this Section, unless you separately opt in in writing.

Any approved use of client-owned or third-party branding, marks, names, logos, screenshots, artwork, or assets is for truthful portfolio identification only and does not imply endorsement, sponsorship, affiliation, partnership, or approval unless expressly stated in a separate written agreement.

You may opt out of or revoke portfolio use by stating so in writing through your Discord ticket or by emailing [email protected]. After I receive an opt-out or revocation, I will stop future portfolio use of the affected commission materials and, within a reasonable time, remove or hide existing provider-controlled website, Discord, portfolio, social-media, and promotional displays that remain within my reasonable control. This does not require me to remove independent third-party reposts, screenshots, archives, platform-retained copies, search-engine caches, or nonpublic records retained for legal, tax, fraud-prevention, chargeback, or dispute-resolution purposes. Takedown requests submitted after the fact are honored without time limit, subject to the following: the request must come from the original client who opened the commission, or from another individual able to demonstrate equivalent legal right to the work (such as a documented server co-owner); I may request reasonable proof of legal right and will not unreasonably reject a takedown that is supported by such proof; and I will also honor takedown requests where there is a legitimate legal requirement to do so.

Section 28. Reviews

A star-based review option is offered as a standard part of closing every commission and may also be offered for a Product purchase. Leaving a review is voluntary. If you choose to submit a review through a provider-controlled review process, I may display that review in a public Discord channel, on my website, and on other promotional channels, subject to the license, revocation, moderation, and transparency rules in this Section.

You retain ownership of your review. By leaving a review, you grant me a non-exclusive, royalty-free license to display, quote, repost, and use that review on my website, Discord, social media, portfolio, and other promotional channels. You may revoke this license at any time in writing through your Discord ticket or by emailing [email protected]. If a review appears on a provider-controlled channel, website, portfolio, or repost, you may request that I edit, update, hide, or remove the provider-controlled copy by opening a Discord support ticket or emailing [email protected]. Nothing in these Terms prevents you from editing, deleting, or posting an honest review on any platform or account where you control the review, subject only to the confidentiality and protected-information limits in Sections 28 and 29.

When I display, quote, repost, excerpt, or otherwise use a review, I will not materially alter the review’s meaning, rating, timing, source, or context. I will not present a provider-controlled review page, excerpt, rating, or repost in a way that falsely appears independent, fake, or representative of all reviews if it is curated. I will not create, purchase, solicit, suppress, or use fake, false, or misleading reviews or testimonials. I will not offer compensation, discounts, refunds, future-service benefits, or other consideration for a review unless the arrangement is legally permitted and any legally required disclosure is made. Any incentive for a review must not be expressly or impliedly conditioned on the review being positive, negative, favorable, unfavorable, having any particular rating, containing any specific language, being changed, or being removed. Nothing in this paragraph prevents me from asking you to leave an honest voluntary review or, after resolving an issue, from asking you to voluntarily update a review where legally permitted.

Where I publish, display, quote, repost, or otherwise use provider-controlled review content, I will take reasonable and proportionate steps appropriate to the size and nature of my business to help ensure that published reviews are from real clients, are not fake, are not materially misleading, and do not conceal any incentive or material connection. I may require reasonable transaction-record verification before publishing, editing, or removing provider-controlled review content.

Review Transparency and Display. If I publish reviews or star ratings on a provider-controlled site, Discord channel, portfolio, social-media page, marketplace profile, or other promotional channel, I will maintain and make available a clear review policy explaining how reviews are requested, collected, verified, moderated, sorted, selected, displayed, edited, removed, and updated. If displayed reviews are selected, curated, filtered, sorted, excerpted, or not representative of all reviews received, I will not present them as representative of all reviews and will disclose the selection or display basis where required or where necessary to avoid misleading users. Any incentive, discount, free service, refund, material connection, or other consideration connected to a review will be clearly disclosed with or near the review wherever required or where necessary to avoid misleading users. Unless you expressly authorize otherwise, I will not display your email address, payment details, private Discord handle, private profile information, or other personal contact information with a review; I may use the name or display name you choose for the review or an anonymized label.

After revocation, I will stop future promotional use of the review and, within a reasonable time, remove or hide existing website, social-media, portfolio, and provider-controlled Discord reposts or displays that remain within my reasonable control. Revocation does not require me to remove independent third-party reposts, screenshots, archives, platform-retained records, or nonpublic records retained for legal, tax, fraud-prevention, chargeback, or dispute-resolution purposes. For provider-controlled channels, I may remove, hide, or refuse to display a review or portion of a review only to the extent I reasonably and in good faith determine that it is false, defamatory, unlawful, clearly misleading, fake, abusive, harassing, obscene, unrelated to the services or Product, or contains confidential information, trade secrets, personal information, credentials, secrets, private server details, source code, protected configurations, malicious code, or other legally protected information. I will apply any provider-controlled review moderation in a viewpoint-neutral manner and will not remove, hide, suppress, penalize, or refuse to display a review solely because it is negative or unfavorable.

Section 29. Confidentiality & Data Processing (Commissions)

I will treat as confidential any access credentials you provide; the non-public contents of your server, systems, files, databases, worlds, configurations, logs, security settings, infrastructure details, and technical details that I access, receive, create, review, or modify in connection with a commission; and any non-public business, personal, security, operational, or technical information you share with me. I will handle and delete credentials as described in Sections 22 and 30. I will not share, sell, or disclose this information except: (a) with your consent; (b) to service providers, payment processors, legal/tax advisors, or technical providers who reasonably need the information to help perform, document, support, secure, or resolve the commission and who are bound by written, contractual, professional, or legal confidentiality and security obligations appropriate to the sensitivity of the information; (c) as reasonably necessary to respond to a chargeback, payment-provider dispute, legal claim, subpoena, court order, legal hold, or similar dispute-resolution process; or (d) as required by law. Any disclosure under this Section will be limited to the minimum information reasonably necessary for that purpose. I will not disclose live credentials or secrets except with your consent or where legally compelled, and then only to the minimum extent reasonably required.

Reciprocally, you agree not to publicly disclose any source code, credentials, secrets, trade secrets, confidential technical information, confidential configurations, or proprietary materials I share with you during the course of a commission, except where you have purchased or otherwise received the rights to do so under Section 24. This confidentiality obligation does not restrict your ability to disclose information to your attorney, tax advisor, payment provider, card issuer, insurer, court, regulator, law-enforcement agency, consumer-protection authority, or other appropriate advisor or authority, to the extent reasonably necessary to obtain advice, pursue or defend a claim, respond to a subpoena, court order, legal process, or payment-provider dispute, report suspected unlawful conduct, comply with law, or exercise a non-waivable legal right. Any such disclosure should be limited to the minimum information reasonably necessary, and where practical in a legal proceeding, you should seek confidential treatment, sealing, or a protective order for source code, credentials, trade secrets, or other legally protected information. This confidentiality obligation also does not restrict your ability to leave an honest review under Section 28, including a negative review, or to describe in general terms the work performed, your experience, the price, the timeline, or the outcome, provided you do not publicly disclose source code, credentials, secrets, trade secrets, confidential technical information, confidential configurations, or other legally protected information.

Personal data I collect or process in connection with product sales or commissions, including Discord identifiers, email addresses, payment records, access details, support communications, review information, portfolio permissions, and records retained for legal, tax, fraud-prevention, chargeback, security, or dispute-resolution purposes, is handled under my Privacy Policy or any other privacy notice I provide or am legally required to provide. Nothing in these Terms limits any non-waivable data-protection, privacy, access, deletion, correction, objection, portability, complaint, or similar right you may have under applicable law. If these Terms and a legally required privacy/data-protection notice conflict regarding personal-data processing, the legally required notice controls for that processing issue.

Data-processing terms for client-controlled personal data. If a commission requires me to access, receive, host, store, back up, retrieve, consult, modify, disclose, delete, or otherwise process personal data on your behalf, and EU GDPR, UK GDPR, Swiss, EEA, Canadian, or other data-protection law requires processor, service-provider, contractor, or equivalent processing terms, the affected work will not begin until we have entered into a data-processing addendum or equivalent written processing terms. Those terms will identify, as applicable, the subject matter, duration, nature, and purpose of the processing; the types of personal data; the categories of data subjects; your documented instructions; the parties’ data-protection roles; confidentiality obligations; appropriate technical and organizational security measures; approved subprocessors and any required objection process; assistance with data-subject requests, security obligations, breach notifications, data-protection impact assessments, regulator inquiries, deletion, return, and audit/compliance information; and any required international-transfer mechanism, including EU standard contractual clauses, the UK IDTA or UK Addendum, an adequacy mechanism, or another lawful transfer mechanism. If the required processing terms are not in place, I may refuse, pause, or modify the commission to avoid processing the affected personal data. Nothing in this paragraph limits any non-waivable privacy, data-protection, consumer-protection, or confidentiality right you or any affected person may have under applicable law.

Each party’s confidentiality obligations under this Section continue for three (3) years after completion of the commission. However, credentials, passwords, tokens, API keys, private keys, secrets, unreleased source code, security-sensitive information, and information that qualifies as a trade secret remain protected for as long as the information remains non-public and sensitive or, for trade secrets, for as long as it qualifies as a trade secret under applicable law. These longer protections do not restrict any disclosure, use, transfer, redistribution, publication, or other right expressly granted under Section 24, any disclosure expressly allowed by this Section, or any disclosure required by applicable law.

Section 30. Backups & Data Retention (Commissions)

• Custom plugins: I retain backups for 6 months following delivery.
• Servers built in my environment: I retain backups for 6 months following delivery.
• Work performed on your hosting: no backups are retained on my end. You are solely responsible for backups of any work performed in your own environment.

Retained backups are stored securely and permanently deleted at the end of the 6-month period, except that where I am subject to a legal hold, an evidence-preservation duty, or a pending or reasonably anticipated dispute, claim, chargeback, or legal process relating to the work, I may retain the affected backups and any embedded credentials for only so long as needed to comply with that obligation or resolve that matter, after which they are deleted as provided in this Section. Backups are scrubbed of live credentials and secrets before retention where reasonably practicable. If any credential or secret cannot reasonably be removed from a retained backup, it will be protected as confidential under Section 29, access to that backup will be restricted, the credential or secret will not be used except as legally required or as strictly necessary for an authorized preservation, dispute-resolution, security, or legal process, and the affected backup will be deleted as provided in this Section. You should rotate, revoke, or disable any credentials, tokens, API keys, passwords, or access permissions after completion so that any embedded credential or secret no longer grants live access.

Backup retention is for support, restoration, security, chargeback, fraud-prevention, dispute-resolution, legal-hold, evidence-preservation, and security-investigation purposes only. Tax and accounting retention applies only to invoices, payment records, contract records, communications reasonably necessary to evidence the transaction, and other accounting records reasonably required for tax compliance; it does not justify retaining full project backups, credentials, secrets, server files, worlds, databases, private configurations, or source repositories unless that material is independently needed for an active support obligation, security investigation, chargeback, dispute, claim, legal hold, or other lawful preservation purpose. Retained backups will be access-restricted and protected using reasonable administrative, technical, and organizational safeguards appropriate to the sensitivity of the material. I will honor a written request for earlier deletion of a retained backup unless continued retention of that backup, or a specifically identified portion of it, is reasonably necessary for an active support obligation, security investigation, chargeback, fraud-prevention purpose, dispute, claim, legal hold, evidence-preservation duty, or other lawful preservation basis.

If any retained backup contains personal data processed on your behalf, backup retention, deletion, return, access restriction, and preservation will also comply with any applicable data-processing addendum or equivalent processing terms. If those terms require earlier deletion, return, restriction, breach notice, or subprocessor handling than this Section otherwise provides, the legally required data-processing terms control for that personal-data issue.

Section 31. Unresponsive Clients (Commissions)

An in-progress commission may be cancelled for unresponsiveness only where your input, access, approval, materials, or response is reasonably required for work to continue. If I need that input, I will send a written request through your Discord ticket or another agreed written channel identifying what is needed. If you do not provide an adequate response within 7 days after that request, I will send a written cancellation warning giving you at least 7 additional days to respond before cancellation. A response is adequate if it provides the requested information, gives a reasonable date by which you expect to provide it, requests a lawful cancellation or pause, or otherwise allows the commission to move forward.

If the commission is cancelled for unresponsiveness after that warning period, refunds are handled under Section 12. This cancellation applies only before delivery; unresponsiveness at or after delivery is handled under Section 20 and does not cancel the commission. This Section does not limit any statutory withdrawal, cooling-off, cancellation, refund, chargeback, consumer-protection, disability-accommodation, or other non-waivable right. If your commission is cancelled due to unresponsiveness:

• Cancellation for unresponsiveness is treated as an in-progress cancellation under Section 12: you are refunded on the completed-milestone / reasonable pro-rata basis described there (including any deduction for non-recoverable third-party costs only to the extent allowed under Section 12), and no additional refund is owed beyond that amount unless Section 12, Section 34, or applicable law requires a greater refund or remedy.
• Refunds owed under this Section will be issued within 10 business days of the date I send the cancellation notice, or sooner where required by applicable law.
• If you later return and wish to resume the commission, you may request to do so. I may agree to resume the commission, subject to my availability, the current condition of the project, any platform or scope changes, and Section 32. If I agree to resume without treating it as a new commission, you will not owe any new deposit, rush fee, or penalty solely because of the prior inactivity; however, you must first restore your balance by re-paying any amount that was refunded to you for work not yet completed. If resumption requires additional work outside the original scope because of platform changes, project changes, or elapsed time, any additional charge must be disclosed and approved in writing under Section 7 before that work begins. Any revised deadline or timeline will be set in writing before resumed work begins. If we cannot agree on a revised timeline, I may treat the requested resumption as a new commission or leave the prior cancellation and refund calculation in place.

Section 32. Right to Refuse Service; Sanctions & Export Compliance

I may decline any proposed product sale or commission before agreement or payment for any lawful reason. After a commission has been accepted and paid, I may discontinue the active commission only for a legitimate reason, including: (a) the requested work is unlawful or would violate a third party’s Terms of Service, End User License Agreement, intellectual-property rights, platform rules, hosting rules, or security rules; (b) you materially breach these Terms or the written scope; (c) required access, materials, information, or cooperation is not provided after reasonable written request; (d) continued work would create a security, fraud, abuse, harassment, credential, or safety concern; (e) the work becomes technically infeasible or materially different from the agreed scope for reasons not reasonably known before work began; (f) payment is not made when due; (g) an unforeseeable circumstance beyond my reasonable control makes continued performance impossible or objectively impracticable despite reasonable mitigation, and the issue is not merely an ordinary increase in my expected time, cost, workload, or scheduling difficulty; or (h) accepting, performing, delivering, licensing, supporting, refunding, or continuing the transaction would violate, or reasonably appears likely to violate, U.S. sanctions, export-control, trade-control, anti-money-laundering, restricted-party, or similar laws or payment restrictions.

If I discontinue a commission under subsection (h), I will not charge for unperformed work, and any refund, delivery, license, support, or continued performance will be handled only to the extent legally permitted and through a lawful payment or communication channel. If I discontinue a commission under subsection (e) or (g), I will not charge for unperformed work; any completed portion will be charged only to the extent it has been delivered to you and is reasonably usable on its own, or you elect in writing to receive it at the stated partial value. If the completed portion is not reasonably usable without the discontinued work, the refund will include the value of that unusable portion unless applicable law permits a different result and the written record clearly supports it. Nothing in this paragraph limits any greater refund, cancellation, price-reduction, repair, correction, or other remedy required by applicable law.

Sanctions and Export Compliance. I am not required to accept, perform, deliver, license, provide support for, or continue any product sale or commission where doing so would violate, or reasonably appears likely to violate, U.S. sanctions, export-control, trade-control, anti-money-laundering, or similar laws, including OFAC-administered sanctions. You represent that you are not located in, ordinarily resident in, organized under the laws of, or acting on behalf of any person, entity, region, or government subject to sanctions or restrictions that would prohibit the transaction, and that you are not listed on any restricted-party list applicable to it. If a sanctions or export-control issue arises, I may pause, refuse, cancel, limit, or withhold performance, delivery, licensing, refund processing, or support to the extent required by law. Any refund will be handled only to the extent legally permitted and through a lawful payment channel.

If I discontinue a commission after payment, refunds and any remaining obligations are handled under Sections 12, 18, 20, 22, 29, 30, 34, and 37, as applicable. This Section does not eliminate or reduce any refund already owed, any accrued free correction or support obligation for delivered work under Sections 18 and 20, any confidentiality, credential-handling, backup, or deletion obligation under Sections 22, 29, or 30, or any non-waivable right preserved under Sections 34 through 37 or applicable law. If continued direct contact is unsafe or impractical because of harassment, abuse, fraud, or similar misconduct, I may satisfy any remaining obligation through a reasonable written channel, a substitute correction process, or a refund where required by these Terms or applicable law.

Section 33. Chargebacks & Blacklisting

Nothing in these Terms limits any right you have to dispute a charge with your card issuer or payment provider.

Products. If you experience an issue with a Product, you must contact me before initiating a chargeback or payment dispute, so that I have a reasonable opportunity to resolve it. Initiating a chargeback or payment dispute for a Product instead of contacting me first is a breach of these Terms. Upon such a chargeback, all licenses granted to you for the affected Product immediately and permanently terminate, you must cease all use of and destroy all copies of the affected Product, and I reserve the right to refuse future sales and to recover any resulting losses and fees to the extent permitted by law and payment-provider rules.

Commissions. If you initiate a chargeback or payment dispute on a commission, I may pause active work that depends on the disputed or unpaid amount while the disputed payment remains unresolved, except to the extent applicable law, payment-provider rules, or a non-waivable correction, support, refund, withdrawal, cancellation, conformity, consumer-protection, or other remedy requires continued performance or a different remedy. I will not use a pause to penalize a good-faith payment dispute or to avoid any legally required refund, correction, support, or other remedy. If a chargeback or payment dispute is finally resolved in my favor, you remain responsible for any unpaid amount properly owed for the commission, to the extent permitted by law and applicable payment-provider rules.

Both. I will not, however, blacklist, penalize, or refuse future service solely because you exercised payment-dispute rights in good faith. You are responsible for chargeback or dispute fees I actually incur only if a court, payment provider, card issuer, or other competent authority determines that the dispute was fraudulent, knowingly false, made in bad faith, or otherwise fee-recoverable under applicable law or payment-provider rules. Documented Delivery by itself does not establish bad faith if you had a good-faith dispute about authorization, scope, conformity, delivery as agreed, or a legal refund or withdrawal right. Any cancellation, refund, or remaining balance will be handled under Sections 12, 16, 34, and 36, as applicable.

The following are examples of conduct that may result in blacklisting from future sales or commissions at my reasonable discretion, in addition to any other ground stated in these Terms (including age misrepresentation under Section 3):

• Harassment or abusive conduct toward me or others in my Discord;
• Repeated violations of these Terms;
• Redistribution, resale, or sublicensing of a Product or delivered work in breach of Section 24;
• Use of fraudulent payment methods or stolen accounts;
• Chargebacks or payment disputes made in bad faith.

Any refusal-list, fraud-prevention, chargeback-abuse, or future-service restriction record maintained under this Section will be limited to the minimum information reasonably necessary to document the reason for the restriction; applied in a non-discriminatory, non-retaliatory, and viewpoint-neutral manner; retained only for as long as reasonably necessary for fraud prevention, security, legal, chargeback, dispute-resolution, or legitimate business purposes; and handled subject to Section 29, my Privacy Policy, and any non-waivable access, correction, deletion, objection, complaint, or similar data-protection right. I will not blacklist, penalize, or refuse future service based on a protected characteristic or solely because you exercised a legal right in good faith.

Section 34. Liability & “As-Is” Disclaimer

Mandatory Rights Preserved. Nothing in these Terms excludes, restricts, limits, delays, conditions, or waives any warranty, guarantee, refund, repair, replacement, correction, update, security update, price reduction, cancellation, withdrawal, chargeback, damages, consumer-protection, data-protection, unfair-contract-term, unfair-trading, or other right or remedy that cannot lawfully be excluded, restricted, limited, delayed, conditioned, or waived under the law that applies to you. This includes, where applicable, U.S. federal law, Florida law, the mandatory consumer law of your place of residence, and any mandatory law that applies because I direct or supply products or services to persons in that jurisdiction.

NON-PROTECTED CUSTOMERS AND CLAIMS ONLY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ONLY WHERE NO NON-WAIVABLE CONSUMER, DIGITAL-CONTENT, DIGITAL-SERVICE, WARRANTY, GUARANTEE, CONFORMITY, REFUND, REPAIR, UPDATE, SECURITY-UPDATE, DAMAGES, OR OTHER LEGAL RIGHT APPLIES, EACH PRODUCT AND ALL DELIVERED WORK IS PROVIDED “AS IS” AND “WITH ALL FAULTS.” I DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, EXCEPT FOR THE EXPRESS CORRECTION AND SUPPORT COMMITMENTS STATED IN SECTIONS 18 AND 20 AND EXCEPT TO THE EXTENT A DISCLAIMER IS NOT PERMITTED BY APPLICABLE LAW. THIS DISCLAIMER DOES NOT LIMIT THE OPEN-SOURCE, THIRD-PARTY-LICENSE, IP-INDEMNITY, DATA-PROTECTION, CONFIDENTIALITY, OR OTHER NON-WAIVABLE OBLIGATIONS EXPRESSLY PRESERVED IN THESE TERMS OR REQUIRED BY LAW. I do not warrant that any Product or delivered work will be uninterrupted, error-free, secure, or compatible with your specific server configuration, other plugins or mods, or future software versions. You assume all risk associated with installing and using a Product or delivered work.

For Consumers and other protected persons, this disclaimer and limitation do not exclude, restrict, delay, condition, or shorten any non-waivable warranty, guarantee, conformity right, update right, security-update right, repair right, correction right, price-reduction right, refund right, cancellation right, withdrawal right, damages right, chargeback right, or other remedy that applies under applicable law, including the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) where applicable and the rights preserved in Sections 12 through 15. If any applicable warranty, service-contract, digital-content, digital-service, or consumer-protection law treats a support promise, correction promise, or conformity commitment in these Terms as creating rights that cannot be disclaimed or can be limited only in a specific way, those rights are preserved and limited only to the extent that law permits.

To the maximum extent permitted by applicable law, my total cumulative liability arising from a Product or commission, regardless of the cause of action, is limited to the amount you paid for that specific Product or commission. This limitation does not apply to liability for fraud, fraudulent misrepresentation, willful misconduct, gross negligence, intentional infringement, death or personal injury caused by negligence, data-protection or privacy liability that cannot lawfully be limited, court-awarded attorneys’ fees or costs that cannot lawfully be limited, or any warranty, guarantee, refund, repair, replacement, correction, update, security update, price reduction, cancellation, withdrawal, chargeback, damages, consumer-protection, unfair-contract-term, unfair-trading, or other right or remedy that cannot lawfully be excluded, restricted, delayed, conditioned, or limited under applicable law. In no event will I be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of data, revenue, profits, or server functionality, except to the extent such a limitation is not permitted by applicable law.

For clarity, nothing in this Section or elsewhere in these Terms limits or excludes any non-waivable right or remedy you have as a consumer, business, small business, or other protected person under applicable law, including FDUTPA where applicable. Where such a right applies, correction under Sections 18 and 20 may be offered first as a practical resolution, but it does not waive, delay, condition, limit, or displace any non-waivable remedy available under applicable law.

Section 35. Indemnification

You will indemnify and hold me harmless from third-party claims, damages, and reasonable costs, including reasonable legal fees, only to the extent the third-party claim is directly caused by: (a) materials, content, access, credentials, systems, or instructions you provided without having the legal right to provide or authorize them; (b) your use or operation of a Product or the delivered work outside the agreed scope, outside the license granted in Section 24, or after modification by you or a third party; (c) your fraud, willful misconduct, unlawful conduct, or negligent misuse of a Product or the delivered work; or (d) your material breach of these Terms or the written record, but only where that material breach directly causes the third-party claim and the claimed loss was reasonably foreseeable. You are not required to indemnify me to the extent the claim arises from my negligence, breach of these Terms, fraud, willful misconduct, failure to follow applicable law, or unauthorized use of third-party materials, or from any indemnity that would be prohibited or restricted under mandatory consumer-protection or unfair-contract-term law that applies to you.

Reciprocally, and to the extent permitted by law, I will indemnify you against third-party claims alleging that the original work I created for you, or included in a Product, infringes that third party’s intellectual-property rights. This includes claims arising from my unauthorized selection, incorporation, or use of third-party or open-source components, or my failure to provide license text, attribution notices, source-code offers, corresponding source, or other materials that I was required to provide for components I chose to include. My indemnification obligation does not apply to the extent the claim arises from your materials, your instructions, components you required me to use, your modification of the work, your combination of the work with other materials not supplied by me, or your use outside the agreed scope or license, and it remains subject to Section 34 except to the extent applicable law does not permit that limitation.

Except for liability arising from fraud, willful misconduct, intentional infringement, or any liability that cannot lawfully be capped, each party’s indemnification obligation under this Section is capped at the total amount paid for the Product or commission giving rise to the claim. If either party seeks indemnification, the party seeking indemnification must promptly notify the other of the claim, provide reasonable cooperation, and avoid settling the claim in a way that imposes obligations on the other party without that party’s consent. The indemnifying party may control the defense and settlement of the indemnified portion of the claim, but only to the extent doing so is reasonable, lawful, and does not create an unmanaged conflict of interest. Any settlement that admits fault by, imposes non-monetary obligations on, or materially affects the rights of the indemnified party requires that party’s prior written consent, not to be unreasonably withheld.

Section 36. Dispute Resolution

Nothing in this Section requires any pre-suit notice, waiting period, informal-resolution step, mediation proposal, or court order before you may exercise a statutory withdrawal, cooling-off, cancellation, chargeback, payment-provider dispute, regulator complaint, law-enforcement report, consumer-protection complaint, small-claims filing, tribunal claim, ombudsman process, urgent-relief request, deadline-preservation filing, or other non-waivable or legally protected right or remedy.

For any dispute that is not one of the protected matters described above, before filing a lawsuit the party asserting the claim must send a written dispute notice to the other party using the notice method for that recipient in Section 43. The notice must briefly describe the dispute, the Product or commission involved, and the requested resolution. The notice is effective when received, when deemed received under applicable law, or, if applicable law permits effectiveness on sending, when sent by the permitted method, as provided in Section 43. For seven (7) days after a valid dispute notice is effective for a non-protected dispute, both parties agree to communicate in good faith through Discord, email, or another reasonable written channel they agree to use in an attempt to resolve the dispute informally. If a non-protected dispute is not resolved after that period, either party may bring the dispute in a court permitted by Section 37. For protected matters, either party may proceed through any protected process without first completing the dispute-notice or 7-day communication process.

• Optional mediation: if a non-protected dispute remains unresolved after the 7-day good-faith communication period, either party may propose nonbinding mediation. Mediation is optional unless both parties agree to it in writing.
• Attorney’s fees: in litigation arising under these Terms, and only to the extent permitted by applicable law, the court may award the prevailing party its reasonable attorneys’ fees and costs. This provision is mutual and applies equally to both parties; to the extent any part of it were ever construed as one-sided, section 57.105(7), Florida Statutes, makes it reciprocal where that statute applies. This contractual fee-shifting paragraph does not apply to a matter resolved in the Small Claims Division or under small-claims procedure, where each party bears its own attorneys’ fees unless a court orders otherwise under an applicable statute, court rule, or other non-waivable legal basis. This paragraph also does not apply to any consumer, small-business, statutory, chargeback, withdrawal, regulator-assisted, or mandatory-right claim to the extent applying it would be unlawful, unenforceable, unfair, or would restrict, penalize, or deter the exercise of a non-waivable right under applicable law. Nothing in this paragraph limits any fee, cost, sanction, or remedy a court may award under an applicable statute, court rule, or other non-waivable legal basis.
• Urgent relief: either party may seek injunctive or other equitable relief from any court of competent jurisdiction, including any court permitted by Section 37, at any time and without first completing the steps above, to prevent or stop a breach of Sections 24 through 26 or Section 29, or to prevent irreparable harm to either party for which monetary damages would be inadequate, including preservation of data or computer systems. Urgent relief under this paragraph may not be used to restrain, penalize, deter, or retaliate against an honest review, consumer complaint, payment-provider dispute, chargeback, regulator report, law-enforcement report, or other legally protected communication, except to the limited extent necessary to prevent disclosure of source code, credentials, secrets, trade secrets, private personal information, malicious code, or other legally protected information that these Terms may lawfully restrict.

Chargebacks and payment disputes are addressed in Section 33. Any refund owed under Section 12 will be issued by me directly. If you believe a refund is owed and I disagree, either party may use the dispute-resolution process above, any applicable payment-provider or card-issuer process, any regulator-assisted process, any applicable small-claims, tribunal, ombudsman, or court process, or any other process required or protected by applicable law. This does not restrict your right to post honest reviews or to contact consumer-protection authorities.

Section 37. Governing Law & Jurisdiction

Consumers: nothing in this Section deprives you of any mandatory protection, remedy, jurisdictional right, venue right, or governing-law protection that cannot lawfully be waived under the law that applies to you. Subject to that, these Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles, except that this choice of law applies only to the extent permitted by applicable law and does not deprive any consumer, small-business client, or other protected person of any mandatory protection, remedy, jurisdictional right, venue right, governing-law protection, or other right that cannot lawfully be waived or displaced under the law that applies to that person or the transaction. For Québec Consumers, nothing in these Terms is intended to make the contract governed by a law prohibited by the Québec Consumer Protection Act or to waive any Québec governing-law, forum, cancellation, chargeback, refund, disclosure, or other non-waivable consumer-protection right.

A claim that qualifies for small-claims treatment under the Florida Small Claims Rules — as of the Effective Date, a claim for money or property not exceeding $8,000, exclusive of costs, interest, and attorneys’ fees, or any successor small-claims threshold then in effect — may be brought, at the claimant’s option, either in the Palm Beach County Court, Small Claims Division, or in the small-claims court of the defendant’s local jurisdiction.

Except for claims within the exclusive jurisdiction of the federal courts, small-claims filings expressly allowed by this Section, or claims that mandatory consumer-protection law requires be heard elsewhere, all state-court litigation arising under these Terms must be brought exclusively in the appropriate state court located in Palm Beach County, Florida, in the court of competent jurisdiction determined by the amount in controversy at the time of filing: claims that do not qualify for small-claims treatment but do not exceed the County Court jurisdictional limit then in effect under section 34.01, Florida Statutes, exclusive of interest, costs, and attorneys’ fees — the County Court, general civil division; claims exceeding that limit — the Circuit Court.

You and I agree that Palm Beach County, Florida is the contractually selected venue for disputes under these Terms, except where these Terms expressly allow a small-claims filing in another permitted court, where mandatory consumer-protection law gives a consumer the right to proceed elsewhere, or where federal law places a claim within the exclusive jurisdiction of the U.S. district courts. Each party consents to venue in Palm Beach County and, to the fullest extent permitted by Florida law and federal due-process requirements, consents to personal jurisdiction in the applicable Florida court. Where federal law places a claim within the exclusive jurisdiction of the U.S. district courts, including claims arising under the Copyright Act, the exclusive federal venue will be the U.S. District Court for the Southern District of Florida, West Palm Beach Division, to the extent venue is proper and enforceable under federal law. If you are a Consumer, nothing in this Section requires you to litigate outside, or waives your right to bring or defend a claim in, the courts of your home jurisdiction to the extent the mandatory consumer-protection, small-business-protection, unfair-contract-term, or similar law of that jurisdiction gives you that right. Except as required by such mandatory law, the venue provisions above apply.

Section 38. Modifications to These Terms

I reserve the right to modify these Terms at any time. The current public version applies to all new purchases made, and all new commissions for which you complete the Section 6 confirmation step, after that version’s effective date. Any purchase you have already completed, and any commission for which you have already completed the Section 6 confirmation step, remains governed by the version in effect when you completed it. I keep dated archived copies of each version. The current version and effective date are shown at the top of this document.

Section 39. Severability

If any provision of these Terms is held invalid or unenforceable, that provision will be severed or limited only to the extent permitted by applicable law, and the remaining provisions will remain in full force and effect. For consumer, small-business, unfair-contract-term, digital-content, digital-service, or other protected matters, nothing in this Section allows an invalid, unfair, or unenforceable term to be rewritten, blue-penciled, replaced, or enforced to any extent where applicable law requires the term to be treated as non-binding, void, severed, or disregarded instead.

Section 40. Entire Agreement

For a product sale, these Terms, together with the applicable Product description, price, and any written confirmations made through my Discord or another retained written record for your purchase, constitute the entire agreement between you and me regarding that purchase. For a commission, once the commission-specific scope and price have been agreed, these Terms, together with the specific scope, milestones, invoices, and any written agreements, disclosures, confirmations, or opt-outs made through your Discord ticket or other retained written record, constitute the entire agreement between you and me regarding that commission. In each case these Terms supersede prior or contemporaneous understandings on that subject matter.

This Section does not exclude, restrict, override, or make non-binding any pre-contract or pre-purchase information, main-characteristics description, price disclosure, delivery or performance term, statutory withdrawal/cancellation information, written representation, legal guarantee, implied term, remedy, or other disclosure that applicable law treats as part of the contract or does not allow me to exclude, restrict, or alter except in the manner required by that law. Nothing in this Section limits liability or remedies for fraud, fraudulent concealment, intentional misrepresentation, deceptive or unfair trade practices, or any other right or remedy that cannot lawfully be excluded or restricted.

Section 41. No Waiver

My failure to enforce any provision of these Terms is not a waiver of that provision or of my right to enforce it later. Any waiver must be in writing to be effective.

Section 42. Assignment

You may not assign or transfer your purchase, commission, or these Terms without my prior written consent, except for any license transfer expressly allowed under Section 24. I may assign these Terms to a successor in connection with a merger, sale, reorganization, or transfer of all or substantially all of my business, provided that the successor assumes my obligations applicable to your purchase or commission in writing and the assignment does not materially reduce your rights regarding support, refunds, confidentiality, credential handling, backup/deletion obligations, intellectual-property/licensing rights, or any other non-waivable right. If applicable consumer-protection, small-business-protection, unfair-contract-term, or similar law requires notice, consent, a termination right, or another protection before assignment is effective against you, that requirement applies. These Terms bind and benefit the parties and their permitted successors and assigns.

Section 43. Notices

Day-to-day communication takes place through my Discord. Where these Terms specifically allow or require a request, opt-out, cancellation, review edit, review-license revocation, portfolio opt-out, withdrawal, or similar action to be made through my Discord or your Discord ticket, that Discord submission is valid for that purpose when transmitted through that channel, unless you receive a clear indication it was not delivered.

Formal legal notices to me, including dispute notices under Section 36, must be sent to [email protected], with a copy raised in your Discord ticket where reasonably possible. Formal legal notices to you, including dispute notices under Section 36, must be sent to the email address associated with your purchase or commission where one has been provided, and may also be sent to the Discord account or ticket associated with it. For Consumers, formal legal notices will not rely solely on Discord unless you have designated Discord as your only available notice method or applicable law permits that method for the notice at issue.

Routine communications and any request, opt-out, cancellation, review edit, review-license revocation, portfolio opt-out, support request, or similar action that these Terms expressly allow through Discord are effective when transmitted through that channel, unless the sender receives a delivery-failure message or other clear indication that the message was not delivered. Formal legal notices are effective when received, or when deemed received under applicable law; if applicable law permits effectiveness on sending, they are effective when sent by the permitted method unless the sender receives a clear indication that the notice was not delivered. This Section does not limit any statutory method for withdrawal, cancellation, chargebacks, complaints to regulators, or service of court process.

If Discord is unavailable to you, inaccessible because of disability, suspended, deleted, compromised, or otherwise not reasonably usable for a required notice, opt-out, support request, withdrawal/cancellation request, review request, portfolio request, or other permitted action, you may send the action to [email protected] or any other durable written channel we agree to use. I will not treat loss of Discord access alone as a waiver of any right, and any statutory deadline will be handled as applicable law requires where a communication-channel failure affects your ability to exercise that right. Portfolio takedown requests under Section 27 may be submitted either through your Discord ticket or to [email protected]. This Section does not govern service of original process, summonses, subpoenas, or other court process, which must be served as required by applicable law and court rules.

Section 44. Survival

The following survive the completion, cancellation, or termination of any purchase or commission, to the extent their nature requires: Section 6 (but only as to statutory withdrawal/cancellation methods and durable-record obligations); Sections 12 and 16 (refunds, cancellation, and termination, as to any amount accrued or owed and any license-termination effect); Sections 13, 14, and 15 (consumer withdrawal, Québec, and Australian Consumer Law rights); Sections 18, 20, and 21 (scope/revisions, support and updates, and out-of-scope limits, as to any free-correction, conformity, update, or support obligation that by its nature is performed after delivery, each surviving for the duration of the applicable support or update period); Section 22 (your responsibilities and access, including credential handling and deletion); Sections 24 through 30 (intellectual property and licensing, source code, reuse/resale/open source, portfolio and showcase rights, reviews, confidentiality and data processing, and backups and data retention); Section 31 (unresponsive clients, as to cancellation, refund timing, and any later resumption request); Sections 33 through 37 (chargebacks, liability, indemnification, dispute resolution, and governing law); Sections 39 through 43 (severability, entire agreement, no waiver, assignment, and notices); and Section 45 (independent contractor). In addition, any non-waivable conformity, update, security-update, repair, correction, refund, price-reduction, cancellation, withdrawal, warranty, guarantee, damages, consumer-protection, digital-content, digital-service, unfair-contract-term, unfair-trading, or similar obligation survives for the period and to the extent required by applicable law. Section 29 (confidentiality) survives for the period stated in that Section. Appendix A is a model statutory withdrawal/cancellation form provided for convenience and does not create independent contractual obligations except to the extent applicable law requires availability of such a form.

Section 45. Independent Contractor

I provide products and services as an independent contractor. Nothing in these Terms creates an employment, partnership, joint-venture, or agency relationship between you and me, and neither party may bind the other or incur obligations on the other’s behalf.

Section 46. Contact

The primary channel for day-to-day communication is my Discord. Before you are required to pay, and in the durable record provided after a purchase or commission is formed, I will provide my legal/business name, email address for support and legal notices, geographical business address where legally required, and any other contact information that applicable law requires me to provide. For formal or legal notices, use [email protected] unless applicable law requires another method or address; see Section 43. My legal/business identity for these Terms is:

Zenologia LLC (trading as ZenologiaMC), 1209 Mountain Road Pl NE STE N, Albuquerque, Bernalillo County, NM 87110, USA. Email: [email protected]. Telephone: +1 (954) 621-2291.

Section 47. Acknowledgement

By purchasing or using any Product, or by commissioning or accepting any work, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Appendix A — Model Withdrawal / Cancellation Form

Complete and return this form only if you wish to withdraw from or cancel your purchase or commission and you have a statutory right to do so. Where applicable law allows withdrawal or cancellation by any clear statement, you are not required to use this form.

To: ZenologiaMC, Zenologia LLC, 1209 Mountain Road Pl NE STE N, Albuquerque, Bernalillo County, NM 87110, USA — [email protected] — +1 (954) 621-2291

I/We hereby give notice that I/we withdraw from / cancel my/our contract for the sale of the following Product and/or for the provision of the following service or digital content or digital service:

Product name and version, or commission/ticket reference: ______________________

Purchase, order, or invoice reference: ______________________

Ordered / accepted on: ______________________

Delivered / received on, if applicable: ______________________

Name: ______________________

Address, where required by applicable law: ______________________

Contact information: ______________________

Date: ______________________

Signature, only if submitted on paper: ______________________

This form does not create a withdrawal, cooling-off, or cancellation right where no such right exists, and it does not revive a right that has been lawfully lost, expired, extinguished, reduced, or charged under applicable law.