Terms of Service & End-User License Agreement (v2.0)

Effective Date: October 4, 2025

Doc# AZT52756

This Terms of Service and End-User License Agreement ("Agreement") is a legally binding contract between you ("the Licensee") and Aztral Engine LLC, the publishing company representing the artist TheKyoko ("the Licensor").

By purchasing, downloading, or using this digital VRChat avatar and its associated files ("the Avatar"), you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement. If you do not agree to these terms, do not purchase, download, or use the Avatar.

1. License Grant

Upon successful purchase, the Licensee is granted a perpetual, non-exclusive, and non-transferable license. This license is considered to grant ownership of the Licensee's individual copy of the Avatar, effective unless a breach of this Agreement occurs. Should the Licensee violate any term or condition outlined herein, this license is immediately and automatically revoked, and all rights to use and possess the Avatar are forfeited.

2. Intellectual Property Rights

All rights, title, interest, and copyrights in and to the Avatar and its component assets ("Assets") created by the Licensor are and shall remain the exclusive property of the Licensor. The Avatar is protected by United States copyright law and international treaties. No part of this transaction constitutes a sale of the Avatar or its Assets.

3. Permitted Uses and Modifications

The Licensee is permitted to engage in the following activities, provided they are the legal owner of the Avatar license:

• Content Creation: You may use the Avatar for personal, non-monetized content creation, such as creating videos or images for social media platforms.
• Personal Modifications: You may perform minor edits to the Avatar for personal customization. Permissible edits include, but are not limited to:
• Texture edits (e.g., adding tattoos, changing colors).
• Editing or swapping clothing, hair, or accessory Assets.
• Adding new Assets to the Avatar.
• However, any modification must ensure the Avatar remains fundamentally recognizable as the original work of the Licensor. The Licensee is responsible for ensuring that any third-party assets added to the Avatar are licensed appropriately from their respective creators.

4. Prohibited Uses

Any action not expressly permitted in Section 3 is prohibited. The Licensee is strictly forbidden from engaging in any of the following, which applies to both the original Avatar files and any modified versions:

• Redistribution and File Sharing: You may not resell, share, leak, trade, or otherwise distribute the Avatar's files, in whole or in part, to any individual or group.
• Price Splitting and Group Buys: You may not engage in price splitting, group purchasing, or any form of shared ownership to acquire a single license for use by multiple people. One purchase grants a license to one individual only.
• Public Uploads: You may not upload the Avatar as a "public" or clonable model to VRChat or any other platform. The only avatars authorized for public use are those uploaded exclusively by the official "TheKyoko" VRChat account or in official avatar worlds.
• Asset Extraction and Misuse: You may not deconstruct, extract, or repurpose any of the Avatar's proprietary Assets for use on other models, for sale, or for distribution. The Assets are licensed for use with this Avatar only.
• Major Body Edits: You may not perform heavy or significant edits to the Avatar's base mesh, proportions, or core design that would render it unrecognizable from the original product.
• Claiming Authorship: You may not claim credit or authorship for the Avatar or any of its components.

5. Refund Policy

All sales are final. Refunds are issued solely at the Licensor's discretion and are strictly limited to the following:

• For incorrect or duplicate orders: We are happy to provide you with store credit to select another avatar from our collection.

• For upload issues: We offer technical support to get your avatar working. You must first allow one of our designated upload volunteers to help you. We believe in our products and will cover the standard $5 upload fee on your behalf if necessary. In the rare event that our own expert cannot successfully upload the avatar for you, we will then provide a full refund.

6. Enforcement and Termination

• Termination: Any breach of this Agreement will result in the immediate and automatic termination of your license. Upon termination, you must permanently delete all copies of the Avatar's files.
• Penalties: Violation of these terms will lead to a permanent ban and blacklist from all of the Licensor's platforms and communities.
• Legal Action: All copyright infractions will be reported to our legal counsel and handled by content protection administrators worldwide to issue takedown demands and pursue further legal action as required by law.

7. Third-Party Assets

The Licensee acknowledges that the Avatar may incorporate or be bundled with digital assets ("Third-Party Assets") that are created and owned by individuals or entities other than the Licensor. The Licensor (TheKyoko and Aztral Engine LLC) has secured the necessary commercial rights to use these Third-Party Assets within the final Avatar product, in full accordance with the commercial use policies and terms of service defined by the original creators. The Licensor does not own, nor does it claim ownership in any way, shape, or form, of these Third-Party Assets. All rights, title, interest, and copyrights in and to Third-Party Assets are and shall remain the exclusive property of their respective original creators. The license granted in this Agreement for the Avatar does not grant the Licensee any separate rights to extract, resell, or repurpose these Third-Party Assets outside of the complete Avatar package.

8. Anti-Defamation and Community Conduct

The Licensor (TheKyoko) and Publisher (Aztral Engine LLC) are dedicated to distributing their creative work and fostering a positive community. They are not interested in being involved in public disputes. As a condition of this license, the Licensee agrees not to engage in slander, libel, or any other form of defamation against the Licensor, the Publisher, their official contractors, hired showcasers, business partners, associates, or the Avatar.

In the event that a Licensee makes or publishes any public statement that is determined to be defamatory, Aztral Engine LLC reserves the right to take immediate action. This will begin with a formal Cease and Desist notice demanding the statement's immediate retraction and removal.

If the Licensee fails to comply with the Cease and Desist notice, or if the conduct continues, Aztral Engine LLC will escalate the matter to its legal counsel to pursue all available remedies, including litigation, to seek damages and injunctive relief.

Furthermore, while the Licensor and Publisher cannot control all community discourse, the Licensee is strictly warned against creating, publishing, or contributing to public "blacklists" or call-out posts that contain information that is false, intentionally misleading, or "spun" to present a skewed narrative. Any such publication by the Licensee must be purely factual. Any content found to be false or intentionally malicious will be treated as a severe breach of this Agreement and will subject the responsible party to immediate license termination and the legal actions described in this section.

9. Modification of Terms

The Licensor reserves the right to modify or rewrite this Agreement at any time, for any reason, without prior notice. The most current version will always be available on the product page. Continued use of the Avatar following any such changes constitutes your acceptance of the new terms.

By completing the purchase, you affirm your understanding of and agreement to these legally binding terms.