ZenologiaMC Commission Terms of Service

Effective date: 11th of June, 2026

Last updated: 17th of June, 2026

Section 1. Introduction

These Terms of Service (“Terms,” “TOS”) govern all commission work performed by ZenologiaMC — the trade name of Zenologia LLC, a New Mexico limited liability company,” (“I,” “me,” “my,” or “Provider”) for any client (“you,” “Client”) who engages my services directly through my Discord or through any approved alternate direct written channel described in Section 5. These Terms do not apply to work commissioned through third-party marketplaces, including, but not limited to, marketplaces such as BuiltByBit, which are governed by the terms of those platforms.

Your agreement to these Terms is given by the express confirmation step described in Section 5. That confirmation is the definitive moment of acceptance of these Terms for the commission process. 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 commission record. Submitting a commission request, paying an invoice, or otherwise engaging my services 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 commission 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. Orders Through Third-Party Platforms & Service Teams

In addition to commissioning my services directly through my Discord or through any approved alternate direct written channel described in Section 5, you may engage my services 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 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.

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. If you are found to have misrepresented your age or legal capacity to contract, your commission may be cancelled and, to the extent permitted by applicable law, you may be banned from my Discord and refused future commissions. Any refusal-list or fraud-prevention record 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 25 and any applicable Privacy Notice. Any refund in that situation will be handled as required by applicable law; where the law treats your contract as voidable because of your age, you will be refunded what that law requires, even if Section 11 would otherwise provide less.

If you are a consumer with a statutory withdrawal, cooling-off, or cancellation right that applies to your commission, the withdrawal methods described in Section 5 are available to you throughout the period required by applicable law.

Section 4. Services Offered

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 28 (Right to Refuse Service).

Minecraft / Mojang / Microsoft. ZenologiaMC is an independent service provider. 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 requested services. You are responsible for ensuring that your server, monetization, content, branding, and requested features comply with the Minecraft EULA, Minecraft Usage Guidelines, Microsoft Services Agreement, Discord terms, hosting terms, and other applicable platform rules. 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 11 and applicable law.

Section 5. Commissioning Process & Acceptance of Terms

Direct commissions normally begin through a Discord ticket. If Discord is unavailable, inaccessible because of disability, suspended, deleted, compromised, or otherwise not reasonably usable for a required commissioning, acceptance, payment-confirmation, 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. As part of opening a commission ticket or using an approved alternate commissioning channel, you must affirmatively confirm acceptance of these Terms before commission-specific discussions proceed. The version of these Terms in effect at the time you complete that confirmation governs the commission process and, if a commission is later agreed, governs that commission for its entire lifecycle, together with the agreed scope, milestones, invoices, and written Discord-ticket agreements or other retained written commission records for that commission. I retain a dated record of the Terms version you accepted.

As part of opening every commission, you will also be asked to confirm that you are at least 18 years of age (or the age of majority in your jurisdiction, if higher) and that you have the legal capacity to enter into this contract. I retain a dated record of that confirmation together with the Terms version you accepted.

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 22; (b) I may display sanitized portfolio materials from your commission, subject to your opt-out and revocation rights under Section 23; and (c) I may display, quote, repost, and otherwise use your review under a revocable, non-exclusive license, subject to Section 24.

Before you are required to pay and before work begins, I will provide or make available in writing through your Discord ticket, invoice, or another retainable written commission record the material terms for the commission, including: (a) my legal/business identity and contact information; (b) the main characteristics of the services and any digital deliverables; (c) 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) payment timing, deposits, milestone structure, refund rules, cancellation/withdrawal rights, and support-window rules; (f) 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, and available opt-outs; 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 the commission, and retain or print the written record before the commission is formed. Where EU/EEA consumer law requires it, the pre-contract information and final commission summary will include any required reminder or notice of the legal guarantee of conformity for digital content or digital services and, where applicable, the minimum period for which software, compatibility, conformity, and/or security updates will be supplied, or a clear statement that no updates are included beyond those required by applicable law.

Final payment-obligation confirmation. Before you are bound to pay for a direct commission, I will provide the final commission summary, including the agreed scope, price, payment timing, material license terms, delivery estimate or deadline, cancellation/withdrawal information where applicable, including the existence, location, and method of use of any online withdrawal function that applicable law requires me to provide, and any required client responsibilities. For any commission concluded through an online interface, payment link, invoice, Discord ticket, or similar electronic process, you must make a separate affirmative confirmation that you approve the commission and understand that it creates an obligation to pay. This confirmation may be made by clicking or selecting a button labelled “Order with obligation to pay,” “Approve commission and pay,” or another unambiguous equivalent, or by sending a written statement such as “I approve this commission and understand I must pay the stated price.” The earlier Terms-confirmation step accepts these Terms, but it does not replace this final payment-obligation confirmation where applicable law requires one.

After the commission is formed, I will provide you with a durable, retainable copy of the accepted Terms version and the commission-specific written record. This may be provided by email, PDF, downloadable transcript, exported Discord-ticket transcript, invoice attachment, or another format that you can store, access, and reproduce unchanged for a reasonable period. A Discord message, website page, or link alone is not sufficient for this purpose unless it is provided in a form that can be retained and accurately reproduced unchanged. 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.

If you are a consumer with a statutory right to cancel, withdraw from, or cool off from a distance or online contract, you will be asked, before work begins, to confirm any legally required request for immediate performance, consent to begin supply of digital content or digital services, acknowledgement of any effect on that right, and any other legally required confirmation. Where applicable law allows a withdrawal, cooling-off, or cancellation right to be lost, reduced, or charged because you requested immediate performance, received digital content, or received completed services, that loss, reduction, or proportionate charge applies only if the legally required consent, request, acknowledgement, confirmation, and other conditions are satisfied. If the law that applies to you does not allow the right to be lost, reduced, or charged in that way, your mandatory rights remain unaffected.

Where any legally required immediate-performance request, digital-content or digital-service supply consent, acknowledgement of loss, reduction, extinguishment, or proportionate charging of a statutory withdrawal, cooling-off, or cancellation right is obtained, the durable commission record or contract confirmation will expressly include that request, consent, acknowledgement, the date and time it was given, the affected service or digital deliverable, and the legal consequence that was disclosed to you. I will not rely on loss, reduction, extinguishment, or proportionate charging of any statutory withdrawal, cooling-off, or cancellation right unless the required consent, request, acknowledgement, durable confirmation, and all other legally required conditions are satisfied.

Where a statutory withdrawal, cooling-off, or cancellation right applies, you may exercise that right by any clear written statement sent through your Discord ticket, by email to [email protected], by any legally required model withdrawal form that I provide or make available, or by using the electronic withdrawal function described below. Use of the electronic withdrawal function is optional and does not limit any other withdrawal method required by applicable law.

Where a statutory withdrawal, cooling-off, or cancellation right applies and applicable law requires an online withdrawal function, I will make that function available through a clearly labelled and easily legible button, link, pinned ticket control, or equivalent online-interface control labelled “Withdraw from contract here” or an unambiguous corresponding formulation. The function will be continuously available, prominently displayed, and easily accessible through the online interface used for the commission during the applicable withdrawal period and will not require any additional registration, login, application, or download beyond what was used to open or conclude the commission, unless applicable law permits otherwise. The function may also be supported by a Discord slash command, but where a clearly visible online withdrawal function is legally required, the slash command will not be the only way to find or access it.

If applicable law requires an online withdrawal function and the commission is opened, negotiated, or concluded through a third-party interface that I do not fully control, including Discord, I will also provide access to a provider-controlled online withdrawal page, form, or equivalent online function during the applicable withdrawal period. That provider-controlled function may be linked in the Discord ticket, invoice, contract confirmation, or durable commission record. A Discord control, pinned message, slash command, or ticket link may supplement the withdrawal function, but it will not be the only method where applicable law requires a continuously available and easily accessible online withdrawal function.

The withdrawal function will allow you to provide or confirm your name, the commission reference or other contract-identifying details, and the email address or other electronic means where confirmation should be sent. Before submission, a separate confirmation step will be labelled “Confirm withdrawal” or an unambiguous corresponding formulation. After submission, I will send an acknowledgement of receipt on a durable medium without undue delay, including the content of your withdrawal declaration and the date and time of submission. Use of the online withdrawal function remains optional and does not limit any other withdrawal method required by applicable law.

If applicable law requires an online withdrawal function and no compliant online withdrawal function is operational for the commission channel, I will not conclude the affected consumer commission through that online channel until a compliant function is made available, unless applicable law permits a different process.

For any EU/EEA consumer commission concluded online on or after the date an online withdrawal function is required by applicable law, I will not open, accept payment for, or conclude the affected commission unless the provider-controlled online withdrawal function is live, continuously available during the applicable withdrawal period, and linked or identified in the final commission summary and durable commission record.

Post-withdrawal handling for digital content, digital services, and client materials. If you validly exercise a statutory withdrawal, cooling-off, or cancellation right for a commission involving digital content, a digital service, or client-provided non-personal content, each party will comply with the post-withdrawal obligations required by applicable law. Where required, you must stop using, accessing, redistributing, or making available the affected digital content or digital service after withdrawal. 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 paragraph requires deletion of records or backups that I am legally permitted or required to retain for tax, security, chargeback, fraud-prevention, legal-hold, dispute-resolution, or other lawful preservation purposes, but retained material will not be used for portfolio, reuse, resale, open-source release, or promotional purposes after a valid withdrawal except to the extent applicable law permits or you separately consent.

Where you have a statutory withdrawal, cooling-off, or cancellation right, the model form in Appendix A is provided for convenience. You are not required to use that form unless applicable law permits that requirement; where applicable law allows withdrawal or cancellation by any clear written statement, any such clear written statement is sufficient.

Section 6. Pricing

All projects 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 your Discord ticket, invoice, or another retained written commission record. This does not affect amounts already owed for the agreed scope, completed milestones, approved third-party costs, or any remedy required by applicable law.

Section 7. Deposits & Payment Timing

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. For purposes of these Terms, “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. If a delivery method fails, is inaccessible, or does not allow reasonable review through no fault of yours, delivery occurs only when the deliverable is re-sent, re-deployed, or otherwise made reasonably accessible, unless applicable law treats delivery, receipt, or supply differently.

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 11. 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 through your Discord ticket, invoice, email, or another retained written commission record, the commission may be cancelled at my discretion.

Québec consumer distance contracts. If you are a consumer located in Québec and the commission is a distance contract governed by the Québec Consumer Protection Act, the written commission 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 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; cancellation, return, exchange, refund, and chargeback conditions; and any other applicable restrictions or 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. 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 paragraph reduces any refund, cancellation, chargeback, withdrawal, consumer-protection, or other non-waivable right you have under Québec law.

Section 8. 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. I will not add hidden surcharges for your chosen payment method, and any mandatory tax or fee I am legally required to collect will be disclosed before payment as Section 9 provides. Any value-added tax (VAT), goods-and-services tax (GST), or similar tax that 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 commission 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

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 commission 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. Refunds

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 in specific situations are governed by other provisions of these Terms: see Section 3 (age misrepresentation) and Section 27 (cancellation for unresponsiveness).

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.

Section 12. Cancellation by Client

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 11 and issued within 10 business days of cancellation, unless applicable law requires a shorter period or requires the deadline to be measured differently, including by calendar days. After delivery, requests for correction, support, refund, statutory withdrawal, statutory cancellation, chargeback, or other legally protected remedies are governed by Sections 5, 11, 14, 16, 29, 30, and applicable law rather than by ordinary pre-delivery cancellation of the commission.

Section 13. Rush Orders

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 14. Scope, Revisions & Additional Work

Section 15. Timelines

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 commission record will state the date or time period for performance of my principal obligation where Québec law requires it. 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 16. Support Windows

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

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 each such deliverable, the review period is measured from that deliverable’s delivery date, and the support window begins only as provided in the next paragraph: on Day 8 after delivery if no conformity issue is timely raised, or on the date of re-delivery following resolution of a timely reported conformity issue.

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 30 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 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. 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 client under Section 5 or applicable law. Any withdrawal function described in Section 5 remains available throughout the applicable statutory period, independent of the review and support windows in this Section. Access to, or use of, a withdrawal function does not create a withdrawal, cancellation, or refund right where no such right exists, or where the right has lawfully expired, been lost, reduced, or become subject to a lawful proportionate charge. However, if you validly exercise a statutory withdrawal, cooling-off, or cancellation right through that function or through any other method that applicable law requires me to accept, I will provide any refund, reimbursement, confirmation, and post-withdrawal handling required by that law.

Australia — Warranty Against Defects Notice. If the Australian Consumer Law applies to you and any promise in Sections 14 or 16 is treated as a warranty against defects, the warranty is given by:

Provider: Zenologia LLC

Business address: 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 your Discord ticket, by email at [email protected], or through any other retained written support channel I make available. Your claim should identify the commission or ticket, describe the issue, and provide reasonable access, information, screenshots, logs, files, or other materials needed to assess the issue. For purposes of this warranty-against-defects notice, the warranty covers eligible issues reported during the 7-day review period described in this Section and during the applicable contractual support window. The support window begins on Day 8 after delivery if no covered issue is timely raised, or on the date of re-delivery after resolution of a timely raised conformity issue, as described in this Section. This 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 correct, re-perform, or otherwise remedy the affected service or deliverable at no charge, or provide any other remedy required by applicable law. You are responsible for your ordinary costs of contacting me and providing information for a claim, except to the extent the Australian Consumer Law or another applicable law requires me to reimburse reasonable expenses for a valid claim. If you claim reimbursement of expenses for a valid claim, provide reasonable details and copies of receipts or other proof of the expense through your Discord ticket, by email at [email protected], or through another retained written support channel I make available. I will not charge you for assessing or remedying a valid covered claim.

The benefits given by Sections 14 and 16 are in addition to other rights and remedies you may have under law.

For goods supplied under the Australian Consumer Law, including any deliverable treated as computer software, digital goods, or 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.

For services supplied under the Australian Consumer Law:

Our services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your 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 problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

For goods and services supplied under the Australian Consumer Law, if a commission is characterized as supplying both goods and services:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:

• to cancel your service contract with us; and

• to a refund for the unused portion, or to compensation for its reduced value.

You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a 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 from a failure in the goods or service.

If the Australian Consumer Law applies and a warranty-against-defects statement is provided in an invoice, delivery note, ticket, support page, or other commission 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 17. Out-of-Scope Issues (Not Covered by Free Support)

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

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 16 and 30.

Section 18. Client Responsibilities & Access

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 11, or propose revised scope, pricing, and timeline in writing through your Discord ticket, invoice, email, or another retained written commission record. 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 11. If cancellation occurs before work begins, amounts paid are fully refundable. If cancellation occurs 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 11.

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 does not infringe or violate any third party’s rights or terms. You are responsible for any access you authorize.

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 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 11 and applicable law.

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.

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 26. 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. I may reasonably remind or request you to do so. Any retained backup will be handled under Section 26. The backup-retention exception does not permit me to use retained credentials or secrets after completion except as legally required or as strictly necessary for an authorized preservation, dispute-resolution, security, or legal process. 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 30 and is not excluded beyond what applicable law permits.

Section 19. Delays on My Side / Force Majeure

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 11, 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 20. Intellectual Property & Licensing

Default license terms for all delivered work, unless a separate written rights-transfer record says otherwise:

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 the written rights-transfer record described in this Section.

Any transfer of copyright ownership, exclusive rights, redistribution rights, resale rights, sublicensing rights, or source-code redistribution rights must be expressly stated in a written rights-transfer record electronically signed by Provider 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 Provider is 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 Provider.

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 Provider.

The ownership, license, and redistribution restrictions in this Section apply to the proprietary code and other protectable materials I author. For configurations, processes, methods, techniques, know-how, and other materials that may not be independently protectable under copyright or other intellectual-property law, those restrictions operate as contractual restrictions only to the maximum extent permitted by law. All of the above remain subject to the terms of any third-party or open-source license governing a component incorporated into your deliverable. Where such a 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. If I include any third-party or open-source component in a deliverable, I will provide or make available at delivery the license text, attribution notices, NOTICE files, source-code offer, corresponding source, or other materials required by the applicable license.

Mandatory software and exhaustion rights. 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. 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 21. Source Code

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 20.

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 22. Reuse, Resale & Open Source

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 20 and 25 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 commission 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 commission 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 20. If a written rights-transfer record under Section 20 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 20 restricting my reuse. This residual-knowledge right applies to my general expertise, not to your specific deliverables.

Section 23. Portfolio & Showcase Rights

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 23, unless you separately opt in in writing through your Discord ticket, by email to [email protected], or through another retained written commission record.

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:

Section 24. Reviews

A star-based review option is offered as a standard part of closing every commission. 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].

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 a client to leave an honest voluntary review or, after resolving an issue, from asking a client 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 commission-record verification before publishing, editing, or removing provider-controlled review content. Any incentive or material connection, if legally permitted, must be clearly disclosed and must never be conditioned on the review being positive, negative, favorable, unfavorable, changed, or removed.

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, websites, portfolios, reposts, or displays, 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 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. Nothing in these Terms restricts, penalizes, or retaliates against honest reviews, including negative reviews, on any platform or account where you control the review, subject only to lawful limits on confidential, private, unlawful, infringing, defamatory, or otherwise protected information.

Section 25. Confidentiality

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 the 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 18 and 26. 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 20. 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 for that purpose, 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 24, 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 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 any separate 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 Notice conflict regarding personal-data processing, the legally required privacy/data-protection 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 20, any disclosure expressly allowed by this Section, or any disclosure required by applicable law.

Section 26. Backups & Data Retention

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 25, 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. Material retained under the preservation exception continues to be stored securely and treated as confidential under Section 25.

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. Tax-record retention alone will be satisfied through accounting and transaction records rather than full backup retention unless applicable law specifically requires retention of the backup material itself. I will not intentionally retain live credentials or secrets in backups where they can reasonably be removed. If a credential or secret cannot reasonably be removed, it remains subject to Sections 18, 25, and 26, and you should rotate or revoke it promptly.

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 27. Unresponsive Clients

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. A generic message that does not provide the needed information or a reasonable timing update may not be adequate if work still cannot continue.

If the commission is cancelled for unresponsiveness after that warning period, refunds are handled under Section 11. This cancellation applies only before delivery; unresponsiveness at or after delivery is handled under Section 16 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:

Section 28. Right to Refuse Service

I may decline any proposed 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:

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 commission record clearly supports that different result. 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 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 commission, and that you are not listed on any restricted-party list applicable to the commission. 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 11, 14, 16, 18, 25, 26, 30, and 32, 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 14 and 16, any confidentiality, credential-handling, backup, or deletion obligation under Sections 18, 25, or 26, or any non-waivable right preserved under Sections 30–32 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 29. Chargebacks & Blacklisting

Nothing in these Terms limits any right you have to dispute a charge with your card issuer or payment provider. If you initiate a chargeback or payment dispute, 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. Any cancellation, refund, or remaining balance will be handled under Sections 11, 12, 30, and 31, as applicable. 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. 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 right. I will not blacklist, penalize, or refuse future service solely because you exercised payment-dispute rights in good faith. This does not limit my right to decline future commissions for fraudulent payment activity, stolen accounts, harassment, repeated Terms violations, or bad-faith disputes.

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

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 25, any applicable Privacy Notice, 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 30. 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 services to clients in that jurisdiction.

NON-PROTECTED CLIENTS 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, THE 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 14 AND 16 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.

For consumer clients and other protected clients, this disclaimer does 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.

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 commission, regardless of the cause of action, is limited to the amount you paid for that specific 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.

For clarity, nothing in this Section or elsewhere in these Terms limits or excludes any non-waivable 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 you have as a consumer, business, small business, or other person protected under applicable law, including the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) where applicable. Where such a right applies, correction under Sections 14 and 16 may be offered first as a practical resolution, but it does not waive, delay, condition, limit, or displace any non-waivable 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 remedy available under applicable law.

Section 31. 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 39. The notice must briefly describe the dispute, the commission involved, and the requested resolution. A party required to provide a dispute notice under this Section must send that notice using the formal notice methods in Section 39. 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 39.

For seven (7) days after a valid dispute notice is received, deemed received, or effective on sending under Section 39 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 7-day good-faith communication period, either party may bring the dispute in a court permitted by Section 32. For protected matters described above, either party may proceed through any protected process without first completing the dispute-notice or 7-day communication process.

Chargebacks and payment disputes are addressed in Section 29. Any refund owed under Section 11 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. Nothing in this paragraph requires a court order where applicable law, a payment-provider rule, a card-network rule, a regulator, or another competent authority provides another remedy or process. This does not restrict your right to post honest reviews or to contact consumer-protection authorities.

Section 32. Governing Law & Jurisdiction

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 client 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 client or the commission. 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 — currently 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:

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. Nothing in this Section is intended to create personal jurisdiction where a court determines that Florida law or due process does not permit it. Where Florida law places a claim within the exclusive jurisdiction of a particular court regardless of amount, that court governs. 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 33. Modifications to These Terms

I reserve the right to modify these Terms at any time. The current public version applies to all new commissions for which the client completes the Section 5 confirmation step after that version’s effective date. Any commission for which the client has already completed the Section 5 confirmation step remains governed by the version accepted for that commission. I keep dated archived copies of each version.

Section 34. Contact

The primary channel for day-to-day commission communication is Discord. Before you are required to pay, and in the durable commission record provided after formation, 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. My website contact page may provide additional convenience contact information, but a website link alone does not replace any contact information that applicable law requires to be provided directly in a durable or retainable form. For formal or legal notices, use [email protected] unless applicable law requires another method or address; see Section 39.

Section 35. 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-client 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 36. Entire Agreement

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 commission record, constitute the entire agreement between you and me regarding that commission and supersede prior or contemporaneous understandings on its subject matter.

This Section does not exclude, restrict, override, or make non-binding any pre-contract 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 37. 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 38. Assignment

You may not assign or transfer your commission or these Terms without my prior written consent, except for any license transfer expressly allowed under Section 20. I may assign these Terms to a successor in connection with a merger, sale, reorganization, or transfer of all or substantially all of my commission business, provided that the successor assumes the Provider obligations applicable to your 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 39. Notices

Day-to-day commission communication takes place through Discord. Where these Terms specifically allow or require a request, opt-out, cancellation, review edit, review-license revocation, portfolio opt-out, or similar action to be made through your Discord ticket, that Discord-ticket submission is valid for that purpose.

Formal legal notices to Provider, including dispute notices under Section 31, must be sent to [email protected], with a copy raised in your Discord ticket where reasonably possible. Formal legal notices to Client, including dispute notices under Section 31, must be sent to the email address associated with the commission where one has been provided, and may also be sent to the Discord account or ticket associated with the commission. For consumer clients, 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 commission 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 your Discord ticket are effective when transmitted through that ticket, 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 delivery-failure message or other 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 23 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. After a court action has been properly commenced, pleadings and other papers may be served by any method permitted by the applicable court rules.

Section 40. 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 the delivered work outside the agreed scope, outside the license granted in Section 20, or after modification by you or a third party; (c) your fraud, willful misconduct, unlawful conduct, or negligent misuse of the delivered work; or (d) your material breach of these Terms or the written commission 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, unauthorized use of third-party materials, or a claim covered by my indemnification obligation below.

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 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. My indemnification obligation remains subject to Section 30 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 commission giving rise to the claim. Nothing in this Section requires either party to indemnify the other for any liability that cannot lawfully be shifted under applicable law, including U.S. federal law, Florida law, and any mandatory consumer-protection, small-business-protection, unfair-contract-term, or similar law that applies.

If either party seeks indemnification, the party seeking indemnification must promptly notify the other party 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 41. Survival

Section 5, but only as to statutory withdrawal/cancellation methods, withdrawal-function obligations, and post-withdrawal handling for digital content, digital services, and client materials; Sections 11–12 (refunds and cancellation by client, as to any amount accrued or owed at the time of completion, cancellation, or termination), 14, 16, and 17 (scope, revisions, post-delivery support, and the out-of-scope limits on that support — as to any free-correction, conformity, or support obligation that by its nature is performed after delivery or completion, each of which survives for the duration of the applicable support window stated in Section 16, together with the Section 17 limits on what that support covers), 18 (client responsibilities and access, including credential handling and deletion), 20–26 (intellectual property and licensing, source code, reuse/resale/open source, portfolio and showcase rights, reviews, confidentiality, and backups and data retention), 27 (unresponsive clients, as to cancellation, refund timing, and any later resumption request after cancellation), 29–32 (chargebacks, liability, dispute resolution, and governing law), 35 (severability), 36 (entire agreement), 37 (no waiver), 38 (assignment), 39 (notices), 40 (indemnification), and 42 (independent contractor) survive the completion, cancellation, or termination of any commission, to the extent their nature requires. 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, notwithstanding the end of the contractual support window or the completion, cancellation, or termination of a commission. Section 25 (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 42. Independent Contractor

I provide 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.

Appendix A — Model Withdrawal / Cancellation Form

Complete and return this form only if you wish to withdraw from or cancel the contract 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 provision of the following service and/or supply of the following digital content or digital service:

Commission, ticket, or invoice reference: ____________________

Ordered/accepted on: ____________________

Delivered/received on, if applicable: ____________________

Client name: ____________________

Client address, where required by applicable law: ____________________

Client 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.