• REFUND POLICY:

Absolutely NO Refunds/Chargebacks/Disputes/etc. allowed, I only sell/provide digital products, they CANNOT be refunded. Only Refunds acceptable will be double-purchase cases. If you force issue a refund you WILL be banned from my server+store.

• Your license (personal/commercial) is ONLY valid if you provide the appropriate information asked at check out (Discord name + VRC name). If that information is not provided, your purchase cannot be linked to you, and will NOT be valid, neither will your licenses.

• By purchasing any of my work you automatically agree to giving me the rights of sharing information about you to other trusted parties/creators, specifically only your email address, discord user/vrchat user, if you break my TOS in any way!

• I am NOT responsible/liable for the kind of edits/kind of actions people do to/with my avatars & assets. I do NOT support any kind of hateful/malicious/illegal/etc. or any kind of damaging imagery/actions.

• To use the Avatars/Assets from my shop, you need at least some Unity or Blender knowledge/experience, please already have that knowledge/experience, or educate yourself on it, I do NOT take responsibility.

• If you fail to read information readily available on the products page or in my TOS/etc, I am NOT responsible nor liable, it is on the customer to pay attention and read! You can also always join my discord server, and ask before purchasing something if you are unsure.

• If you do not like/will not follow/abide or respect my Terms of Use, please do NOT buy/use my models/assets.

• The TOS is subject to change at any time, updated TOS must be followed regardless of purchase date or method of obtaining the asset/s or avatar/s (gifted or purchased for yourself).

By purchasing any of my Models/Assets you agree to the following terms above, if said terms be broken, you are a subject to be taken action against according to the DMCA (Digital Millennium Copyright Act).

General TOS:

• ALL Avatars come only with a PERSONAL LICENSE! Meaning 1 avatar can only be owned by 1 singular person at a time, and that is the person which information is put in at checkout when bought! No one else is allowed to have access to the avatar and the files in ANY way!

• My avatars are intended for people who are 18+ as they contain Adult features, they are NOT suitable for minors.

• Do NOT redistribute/share my packages in any way, shape or form.(If you want to gift it to someone, use the Gift system!).

┗ Regarding Couple Bundles:

Sharing a package is ONLY allowed if you purchase Couple Bundles and put in BOTH of your info and the other person's info in the fields (Discord Username/VRC name)! You are ONLY allowed to share that package to the person which you put down the info for, NO ONE ELSE!

Only 1 person is allowed to use 1 avatar each! If you are getting uploads, each person has to get 1 avatar each uploaded to THEIR OWN account!

• Do NOT make any of the avatars public (edited or not), and do NOT wear/use any illegal public versions, if you want to use my models, you must purchase/obtain them from MY shop/discord ONLY! Making any of my avatars public is ILLEGAL, please report any public versions you see!

• NO uploads to others accounts. If you want an Upload- Join my server and request it! (5$USD fee to the uploader handling your upload). You CAN upload your own avatar you have bought to your own alt accounts, if you are the ONLY person using those accounts!

• Do NOT claim as your own (edited or not), please give credit if asked/or following the rule below.

• If you wish to use my model/s for any kind of media/platform like Instagram/TikTok/Youtube/Vtube/Twitch/P0rnhub/Ofans,etc. for MONETARY purposes (earning money using my work) you MUST credit me as the creator (Cupkake) and my shop with a link somewhere CLEARLY VISIBLE on your Page/Bio/Description/Video/Stream/etc!! Credit MUST be included on EVERY post/video/stream/etc where my avatar is used!!!

 - Only valid for TikTok: You can tag my Tiktok acc: https://www.tiktok.com/@cupkakesavatars

• Regarding Commissions:

All commissions must be approved by Myself through my ticket system! All people involved for the commission must own/have a license to the avatar/s involved in the commission, and open a ticket in my server to show Proof of Purchase.

• You can NOT take/reuse ANY parts/assets/textures/etc. from my avatars. Not even for personal use. Please look in the credits to acquire said assets/textures/etc. if available!



• You must purchase the whole avatar as a single person. Splitting costs between multiple people with the INTENT to share it is not allowed. Only the person who bought the avatar under their name, is the proper rights holder of the avatar.

• You CAN edit my avatars, as long as it is still CLEARLY recognizable as my original avatar! Please nothing too heavy! <3 My branding/credit must stay on the avatar at all times as well!! If you are unsure, join my server to ask!

(This rule only applies to the outer appearance/design of the avatar, nothing else!)

• You CANNOT make and sell/make profit from any kind of merch/items/etc using the imagery of my avatars, edited or not! Imagery includes ANY 3D and 2D depictions of my avatars, again edited or not in any way!

• You CANNOT sell/re-sell my work, edited or not, in ANY way. The only person allowed to sell my own creations is ME.

• My models CAN be used in other VR games/platforms similar to VRchat (such as CVR/NeosVR/Helios), as long as it is PERSONAL use only and NO ONE else will have access to the files ever. (All TOS is valid for those platforms as well.)

• I am NOT responsible for any updates that break the avatars, OR any edits you have done that break the avatars in any way, it is up to the customer to update/fix their issues.

(Disclaimer: My scratch Body bases, Head base, and DLC Outfits have their own specific Terms of Use in their own descriptions! Please go READ THEM)

• Can only be used on finished products. Selling/Using my assets on a finished product must be properly credited to me.

How you must credit me:

• Credits must be publicly visible & linked on your store page. You must list each and every asset/part you have used by me, use my discord name (Cupkake) as well, you must directly link to the specific product page/s from my shop/or my whole shop, if it is from my nitro section you must link my Discord server. If you have used assets from both my nitro and my shop, you must link both.

Example credit➤

Hoodie, Garters by Cupkake

Choker - Cupkake's Nitro

• Do NOT redistribute/share my assets by themselves in any way, shape or form. (If you want to gift it to someone, use the GIFT system!).

• Do NOT claim as your own.

• Do NOT sell on their own, nor take parts of the mesh/texture in any form and try to re-sell those, combined or not with other mesh/texture, etc. in the form of an asset. That is PROHIBITED.

• You CAN edit the assets freely! Edit textures/re-texture, edit meshes, use parts of meshes on other things etc, as long as i am still credited properly!

• Regarding Commissions:

All people involved for the commission must own/have a license to the asset/s involved in the commission, and open a ticket in my server to show Proof of Purchase.

• The assets CANNOT be taken from another creator's model, you MUST buy it off my shop or my nitro first before you use it!

• My assets CAN be used on Free/Nitro models, Public models, Commercial models, Commissioned models, Personal models!

• My assets CANNOT be used in other games/platforms, they are PURELY made for and to be used for VRCHAT.