Pomkey Terms of Service (TOS)
Welcome to Pomkey! By purchasing, downloading, or using any products created by Pomkey, you agree to the following Terms of Service.
“Pomkey” refers to the business operating under the name Pomkey, the creator and owner of all products sold under this name.
1. General Use
All products sold by Pomkey are digital goods intended for use in VRChat only. By purchasing any Pomkey product, you are granted a personal, non-transferable license to use the product under the terms outlined below.
Purchasing a product grants usage rights, not ownership of the asset. Users are expected to have basic knowledge of Unity and VRChat. Pomkey is not responsible for teaching, setup, or implementation of these products.
2. Permitted Use
You may:
- Use Pomkey products on personal VRChat avatars (public or private)
- Edit and customise the assets for personal use
- Use the assets in commissioned avatars only if both parties own the asset
- Use the assets in monetised content (e.g., streaming, videos, social media)
- Credit to Pomkey is appreciated in monetised content
3. Prohibited Use
You may NOT:
- Redistribute, resell, share, or leak the files in any form
- Upload Pomkey assets as standalone products or claim them as your own
- Include Pomkey assets in free or public asset packs
- Share files with individuals who have not purchased them
- Use the assets for NFTs, blockchain-related projects, or cryptocurrency-based content
- Use the assets in datasets, training, fine-tuning, or generation of AI or machine learning models
- Make the assets publicly available in a way that allows extraction
4. Public Avatar Disclaimer
Pomkey products may be used on public avatars; however:
- Pomkey is not responsible for asset extraction from public avatars
- Uploading assets publicly is done at your own risk
5. Commercial Use & Commissions
Pomkey assets may be used in commissioned work only if:
- Both the creator and the client each own a valid copy of the asset
You may NOT:
- Use Pomkey assets in commissions where the client has not purchased them
6. Refund Policy
Due to the nature of digital products, all sales are final. Refunds will only be provided if:
- Required files are missing
If you encounter any issues, please contact us and we will do our best to resolve them.
7. Product Updates & Compatibility
Pomkey may update products at any time. Updates are not guaranteed and are provided at our discretion.
Pomkey is not responsible for compatibility issues resulting from:
- VRChat updates
- Unity version changes
- Third-party assets, tools, or plugins
8. No Warranty
All products are provided “as is”, without warranties of any kind, express or implied.
9. Limitation of Liability
Pomkey shall not be liable for any indirect, incidental, or consequential damages arising from the use or inability to use the product.
10. Account Responsibility
You are responsible for maintaining the security of your account on any platform where Pomkey products are purchased.
Pomkey is not responsible for:
- Lost files due to account issues
- Unauthorised sharing or redistribution from your account
Pomkey reserves the right to refuse service, revoke licenses, and blacklist users at its discretion in cases of TOS violations.
11. Intellectual Property
All Pomkey products remain the intellectual property of Pomkey. Modifications made to Pomkey assets do not grant ownership of the original asset.
12. Termination & Violations
Pomkey reserves the right to revoke or terminate your license at any time if these Terms are violated.
Violations may result in:
- Revocation of your license
- Blacklisting from future purchases
- Removal of access to products
- Potential legal action depending on severity
If your license is revoked, you must:
- Immediately cease use of the assets
- Delete all copies in your possession
13. Copyright Enforcement
Pomkey reserves the right to issue takedown notices and pursue enforcement actions against unauthorised use or distribution.
This includes enforcement under the Digital Millennium Copyright Act as well as applicable laws under the Copyright Act.
14. Governing Law
These Terms shall be governed by and interpreted in accordance with the laws of Canada and the Province of Alberta.
Any disputes shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada.
15. Contact
For support, inquiries, or legal matters, please contact:
Thank you for supporting Pomkey!