NITYA.XYZ / TERMS OF SERVICE
Every situation.
Clearly covered.
Last updated October 11, 2026 · Nitya Studios
Detailed rules for Nitya Studios orders—from acceptance and payment through revisions, hourly overages, cancellation, refunds, delivery, licensing, hosting, and disputes.
Opening or submitting an order after these Terms are shown and affirmatively accepting them means the customer agrees to the complete Terms. Portal-approved additional project work is $16 USD per hour and is added by recorded minutes; automatic payment-method charges occur only when separately and clearly authorized.
Agreement by opening an order
When the nitya.xyz order flow clearly displays or links these Terms and requires you to select, type, click, or otherwise communicate acceptance, opening or submitting the order means you accept the current Terms. Merely browsing the website does not create a paid-service contract.
Consent to electronic transactions
You agree that quotes, approvals, contracts, invoices, notices, signatures, and project records may be created and delivered electronically. Where a separate consent is legally required, the order flow or Project Agreement will request it separately.
Other actions confirming acceptance
After the Terms have been presented, approving a quote, signing or affirming a proposal, authorizing a deposit, requesting that work start, approving a milestone, or using a deliverable also confirms acceptance to the extent permitted by law. Payment alone is not the only evidence we rely on.
Records of acceptance
We may retain the accepted Terms version, timestamp, order ID, account identifiers, IP and device information, invoice, payment authorization, click or checkbox record, typed confirmation, and related communications to document assent and resolve disputes.
Contracting party
These Terms are between the person or organization ordering services ("you," "your," or the "Client") and Nitya Studios, operating through nitya.xyz ("Nitya Studios," "we," "us," or "our").
Key definitions
"Services" means the creative, technical, hosting, maintenance, or consulting work we agree to provide. "Deliverables" means the final items expressly listed for delivery. "Project Agreement" means an accepted quote, proposal, invoice, order form, statement of work, signed agreement, or written order confirmation.
Documents forming the agreement
The contract for an order consists of these Terms, the Project Agreement, the Privacy Policy, the Refund Policy, and any written change order or special terms accepted by both sides.
Order of priority
If documents conflict, an individually signed agreement controls first, followed by an expressly accepted statement of work or change order, the accepted quote or proposal, the invoice, these Terms, and then ordinary project communications.
Changes must be written
A phone call, voice chat, meeting, casual message, or draft does not change scope, price, ownership, or schedule unless the change is confirmed in an agreed written channel.
Age and legal capacity
You must be at least 18 years old and legally capable of entering a contract, or a parent or legal guardian must place or expressly approve the order and accept responsibility for payment and compliance.
Accurate identity and billing information
You must provide accurate name, contact, billing, ownership, and account information. We may request reasonable verification where fraud, impersonation, account ownership, age, or payment authority is uncertain.
Services covered
Services may include website design, website development, graphics, branding, digital assets, integrations, hosting assistance, maintenance, consulting, and related production work described in the Project Agreement.
Included scope
Only deliverables, features, pages, formats, platforms, revision rounds, and services expressly listed in the Project Agreement are included. Silence, assumptions, examples, and informal discussion do not add scope.
Common exclusions
Unless expressly included, an order excludes copywriting, legal review, regulatory compliance, accessibility certification, unlimited content entry, source files, paid licenses, domains, hosting, email, migration, analytics, SEO results, maintenance, training, and future updates.
Creative and technical methods
We may choose reasonable tools, workflows, frameworks, formats, and production methods. A requested tool or platform becomes mandatory only when confirmed in the Project Agreement.
Quote assumptions
A quote relies on the brief, references, asset condition, access, schedule, technical information, and quantities known when issued. Materially incomplete or inaccurate information may require a revised quote.
Quote expiration
A quote remains open for the period shown, or 14 calendar days if no period is stated. After expiration, availability, rates, expenses, and delivery estimates may change.
Estimates versus fixed prices
A document labeled an estimate is an expected range rather than a guaranteed total. A fixed price applies only to the exact listed scope and assumptions.
Currency, taxes, and conversion
Amounts are charged in the currency shown. You are responsible for applicable sales, use, value-added, withholding, currency conversion, bank, and transfer charges except taxes imposed on our net income.
Third-party expenses
Domains, hosting, premium fonts, stock media, plugins, software, APIs, payment fees, subscriptions, and provider charges are separate unless expressly included. We will seek approval before committing a material unquoted expense.
Booking confirmation
An inquiry or open chat does not reserve production time. A booking is confirmed only after we accept the order, receive required payment, obtain acceptance of these Terms, and receive enough materials to begin.
Deposits and retainers
A deposit reserves production time and is credited to the project price unless stated otherwise. The earned portion may cover planning, setup, research, scheduling, and work performed; any unearned portion is handled under the cancellation and refund sections.
Conditions before work starts
We may wait to begin until payment clears, the brief is complete, required access is working, content is supplied, one decision-maker is named, and legal or security concerns are resolved.
Right to decline an order
Before acceptance, we may decline work that is unlawful, unsafe, deceptive, infringing, technically unsuitable, outside capacity, or inconsistent with studio standards. An unsolicited payment does not require us to accept an order.
Payment schedule
Deposits, installments, milestones, final balances, recurring charges, and due dates are shown in the Project Agreement or invoice. Payment is due before the related work, access, launch, transfer, or delivery unless otherwise stated.
Invoice review
Review each invoice promptly and report a clear billing error before its due date where practical. An invoice does not authorize work outside the accepted Project Agreement.
Failed or reversed payment
If a payment fails, expires, is reversed, or cannot be verified, we may pause work and require another approved payment method before resuming.
Overdue balances
An overdue balance may move the project out of the active queue, delay delivery, suspend services we control, and prevent transfer of files, licenses, credentials, or deployment.
Collection and recovery costs
You remain responsible for valid undisputed amounts and reasonable, documented provider, collection, or court costs that Maryland law permits us to recover. No interest or late fee applies unless separately disclosed and lawfully agreed.
Authorized client contact
You must designate one person who can approve scope, spending, concepts, revisions, and launch. We may rely on instructions from that person until written notice of a replacement is received.
Complete instructions
You must provide clear goals, dimensions, formats, platforms, audience, content, references, deadlines, restrictions, technical requirements, and success criteria before the relevant stage begins.
Accuracy review
You are responsible for checking spelling, names, dates, prices, links, contact information, claims, disclaimers, product details, and business facts before approval or publication.
Client-supplied materials
You must provide materials in usable formats and reasonable quality. Work required to repair, redraw, convert, transcribe, recover, or replace unsuitable materials may be quoted separately.
Rights to supplied content
You represent that you own or have written permission to use and authorize us to use every supplied logo, image, font, video, recording, character, trademark, code sample, text, music file, dataset, and other asset.
Permissions and releases
You are responsible for model releases, parental consent, trademark clearance, music rights, font licenses, stock licenses, platform permissions, and other approvals required for the intended use. Attribution alone does not replace permission.
Risky or unlawful content
We may reject, remove, or request replacement of material that may infringe rights, violate law or platform rules, expose private information, deceive users, facilitate abuse, or create unreasonable risk.
No legal clearance
Our willingness to design, code, upload, or publish material does not mean we have legally cleared it. Unless separately agreed through qualified counsel, we do not provide legal, tax, financial, medical, or regulatory advice.
Production schedule
Dates are estimates unless expressly guaranteed in writing. Scheduling depends on payment, materials, feedback, approvals, access, workload, technical conditions, and third-party availability.
Client-caused delays
A delay in payment, content, feedback, approval, or access extends the schedule by at least the delay and may require movement to the next available production slot.
Rush work
Rush work must be accepted in writing and may require an additional fee. A rush fee prioritizes scheduling but does not excuse delays caused by the Client, providers, force majeure, or changed scope.
Events and hard deadlines
Tell us before ordering if the work is tied to an event, campaign, opening, or non-movable date. We are not responsible for a missed opportunity unless the deadline was expressly guaranteed and the miss was caused by our failure to perform the agreed service.
What counts as a revision
A revision is a reasonable adjustment to work that stays within the approved concept, brief, platform, deliverable, and scope. A new concept or materially different direction is not a revision.
What counts as one round
One revision round means one consolidated feedback list submitted at one time. Feedback split across messages, channels, or decision-makers may be combined into the same round or counted as additional rounds when it causes repeated work.
Included revision allowance
The Project Agreement states the included rounds. If it does not, no unlimited revision right is created; we will clarify a reasonable allowance before revision work begins.
Unused revisions
Unused rounds have no cash value, cannot reduce the price, do not carry into maintenance, and cannot be transferred to another order.
Reaching the maximum revisions
When all included rounds are used, included revision work stops. We will notify you that further requested changes are billable before additional work is performed.
Additional revisions at $16 per hour
Additional revision work beyond the included maximum is billed at $16 USD per hour. The rate applies only to time reasonably spent performing, implementing, testing, preparing, or documenting the additional requested changes.
Portal-approved project work at $16 per hour
When a project portal separately offers additional hourly work and the Client affirmatively accepts it, that work is billed at $16 USD per hour. This portal rate is separate from any differently priced revision allowance or written Project Agreement. The portal displays the applicable rate before acceptance and no project timer may begin until that acceptance is recorded.
Minute-based project timer calculation
Portal hourly work is recorded from server timestamps. Completed session seconds are totaled for the project, converted to whole billable minutes by rounding the combined duration up to the next minute, and multiplied by the displayed hourly rate. The resulting charge is rounded once to the nearest cent rather than applying a separate minimum charge to every small session.
Live project balance
The portal may continuously display an estimated timed duration and added charge while a timer is active. The final payable balance is recalculated from the stored server records when the timer stops or when payment begins. The Stripe checkout or invoice will use the then-current unpaid project balance.
Starting and stopping project timers
Only authorized studio staff may start or stop a project timer. Each entry identifies the project, activity description, start time, stop time, duration, rate, and staff account. A server-side timer may continue if the browser closes, so staff must stop it when active work ends. We will correct a verified accidental, duplicate, or unrelated entry.
Clock-in and clock-out records
Billable overage time is tracked with a timer that records the work date, start time, stop time, duration, project, and a short activity description. The timer is paused when active work stops.
Billable overage activities
Billable time may include design edits, code changes, content replacement, responsive adjustments, testing, export, rendering, deployment, requested meetings, troubleshooting client-requested changes, and restoration of previously approved work.
Time that is not billed
We do not intentionally bill routine internal breaks, unrelated activity, time caused solely by our correction of an objective in-scope error, or administrative time that is not reasonably connected to the extra request.
Time increments and rounding
Tracked revision time is totaled from the timer and billed in 15-minute increments, rounded up only at the end of a work session. We will not multiply a single session into separate minimum charges for each small task.
Authorization for automatic overage charges
We may automatically charge the authorized payment method for $16-per-hour revision overages only when the order flow or a later written authorization clearly states the rate, identifies the payment method, obtains your affirmative consent, and discloses any agreed cap or notification threshold.
When automatic charging is not authorized
If separate automatic-charge authorization was not captured or is no longer valid, we will issue an itemized invoice instead. We may pause additional revision work until the invoice is approved or paid.
Overage caps and budget limits
You may request a written spending cap before extra work begins. When tracked time reaches the cap, we will pause and request further approval unless stopping immediately would create a security or data-integrity risk.
Notice before extra revision work
The maximum-revision notice may be delivered in the order portal, Discord ticket, email, quote, or invoice. Continuing to request and authorize extra changes after that notice confirms the $16 hourly rate.
Itemized time statement
An overage charge or invoice will include, or make available on request, the relevant dates, total tracked duration, activity descriptions, rate, calculation, and any approved cap.
Disputing tracked time
Raise a specific timekeeping concern within 7 calendar days after receiving the itemization. Identify the entry and reason disputed. We will preserve and review the timer record and correct a verified duplicate, unrelated entry, or calculation error.
Pausing extra work
You may instruct us in writing to stop future overage work. You remain responsible for properly authorized time already recorded before the stop instruction was received and processed.
Scope changes
Adding pages, concepts, features, platforms, formats, audiences, integrations, or deliverables is a scope change. We may offer a fixed change order, apply the disclosed hourly rate, or decline the change.
New directions and reversed decisions
Replacing the brief, abandoning an approved concept, reversing a prior approval, or asking us to recreate removed work may use revision rounds and may become additional billable work.
Removing work from scope
Removing an item does not automatically create a refund equal to its listed value where planning, setup, design, or dependent work has already been performed. Any credit must be agreed in writing.
How approvals are given
Approval may be given through the order system, email, Discord, a client portal, a form, electronic signature, or another agreed written channel. We may rely on an approval sent from the Client's authorized account or contact.
Effect of approval
Approval authorizes us to proceed and rely on the approved work. Later changes may consume another round, be billed at $16 per hour, or require a separate quote.
Proofs and previews
Proofs, staging links, compressed previews, watermarked files, and mockups are review materials. They may differ from the final output and may not be published, removed, altered, or used commercially before authorization.
Final review period
Unless another period is stated, report an objective scope mismatch within 7 calendar days after final delivery. Include enough detail, screenshots, files, or steps for us to reproduce the issue.
Acceptance of deliverables
Express approval, publication, launch, distribution, commercial use, or failure to report an objective scope issue within the review period constitutes acceptance, subject to non-waivable rights and later-discovered technical defects.
Temporary inactivity
If we are waiting for payment, content, access, feedback, or approval, we may pause the project and its delivery estimate.
Loss of production slot
After 14 calendar days without the required client response, the project may lose its active production slot and be rescheduled according to current availability.
Administrative closure
After 30 calendar days of inactivity, we may close the project, invoice completed work and committed costs, and stop holding a production slot.
Reactivating a closed project
Reactivation depends on capacity and may require payment of overdue amounts, refreshed materials, a revised schedule, updated pricing for changed requirements, and a disclosed restart fee.
How to cancel
A cancellation request must be sent through the order portal or to orders@nitya.xyz and identify the order. Cancellation takes effect when received, not when the Client stops responding.
Cancellation before production starts
If no substantive work has begun, we will review the deposit and return any unearned amount after deducting non-cancellable third-party costs and any disclosed, reasonable booking or setup work already performed.
Cancellation after work starts
After work begins, the Client must pay for completed milestones, tracked work, approved work, work in progress, reserved rush capacity that could not reasonably be reallocated, and committed third-party expenses.
Cancellation statement
We will calculate cancellation using the Project Agreement, completed stages, time records where applicable, approvals, expenses, and amounts paid. We will provide a reasonable summary of any additional balance or approved refund.
Rights after cancellation
Cancellation does not transfer rights in unpaid drafts, concepts, code, source files, or deliverables. Any paid final item released for use remains subject to its license and the rest of these Terms.
Suspension by Nitya Studios
We may pause work for nonpayment, failed payment, missing cooperation, security risk, rights concerns, abusive conduct, conflicting instructions, platform restrictions, or a material breach.
Termination by Nitya Studios
We may terminate for fraud, impersonation, unlawful requests, threats, repeated serious breach, unauthorized use of unpaid work, or circumstances making continued performance unreasonable. Where practical, we will identify a remediable issue and allow a reasonable chance to correct it.
If we cancel without Client breach
If we end a project for our convenience rather than Client breach, we will provide completed paid work and return any unearned prepaid amount after non-cancellable approved costs.
When a refund may be available
A refund may be available for a duplicate charge, verified billing error, unearned prepaid amount after cancellation, agreed refund, or failure to supply paid services where a refund is required by the Project Agreement or applicable law.
Generally non-refundable components
Completed work, accepted milestones, approved concepts, used revisions, properly tracked extra revisions, delivered files, rush scheduling already provided, and non-returnable third-party purchases are generally not refundable merely because preferences, plans, ownership, or circumstances change.
How to request a refund
Send the order ID, payment reference, amount requested, reason, desired resolution, and supporting evidence to orders@nitya.xyz. Do not send a full card number or account password.
Refund review process
We review the scope, payments, work completed, timer records, revisions, approvals, delivery evidence, cancellation date, expenses, and mandatory rights. We may ask for clarification and first offer correction or re-performance where appropriate.
Partial-refund calculation
A partial refund equals prepaid funds remaining after subtracting earned fixed-price milestones, reasonably completed work, authorized hourly time, and non-cancellable approved expenses. It is not automatically based on the percentage of calendar time elapsed.
Refund method
Approved refunds are normally returned to the original payment method. If that is unavailable, we may request verified details for another lawful method.
Refund processing time
We will initiate an approved refund within 10 business days unless the payment provider, fraud review, bank, court, or law requires another process. Provider posting time is outside our control.
Payment-provider fees
Non-returned processing, conversion, or transfer fees may be deducted only when they were actually charged, disclosed where required, and applicable law permits the deduction.
Duplicate and incorrect charges
We will investigate a claimed duplicate, wrong amount, unrecognized order, or calculation error promptly and correct a verified mistake.
Contact before a payment dispute
We ask that you contact us first and allow a reasonable opportunity to review the issue. This request does not waive or shorten any right or deadline to dispute a credit-card billing error under federal or state law.
Lawful chargeback rights preserved
Nothing in these Terms prevents a good-faith chargeback, billing-error notice, payment-provider complaint, or consumer remedy that cannot legally be waived.
Evidence in a payment dispute
We may provide the processor, bank, or platform with the accepted Terms version, order, authorization, identity information, communications, approvals, timer records, invoices, delivery evidence, access logs, and refund history relevant to the dispute.
Project status during a dispute
While a related payment is disputed, we may pause unfinished work, support, transfer, hosting we control, and licenses dependent on that payment, unless suspension would violate law or create unreasonable harm.
After a dispute decision
If the dispute is withdrawn or decided in our favor, the valid unpaid balance remains due. Reasonable documented dispute or recovery costs are payable only where authorized and permitted by law.
No retaliation for good-faith complaints
We will not treat a legitimate good-faith complaint, consumer inquiry, or lawful billing dispute as abuse. Fraudulent evidence, threats, or deliberate misuse may be addressed separately.
Delivery method
Deliverables may be sent by download, repository, portal, email, cloud storage, platform transfer, or deployment. Delivery occurs when access is provided to the Client's designated account or address.
File formats
We deliver only the formats, dimensions, resolutions, pages, exports, and platform versions listed in the Project Agreement.
Source and editable files
Layered files, raw files, source code, repositories, design-system files, templates, build tools, prompts, unused concepts, production notes, and editable originals are excluded unless expressly listed.
Credentials at handoff
The Client must securely store transferred credentials, change temporary passwords, enable multi-factor authentication where available, and remove access that is no longer needed.
Client backup responsibility
After delivery, the Client must promptly download and maintain secure backups of files, exports, credentials, databases, and account recovery information.
Studio file retention
We may retain working files for convenience but do not promise permanent storage. Unless a longer period is agreed, files may be deleted 90 days after final delivery, cancellation, or closure.
Copyright before payment
Under United States copyright law, Nitya Studios retains copyright and all rights in its drafts and original deliverables unless and until a written transfer takes effect. Full cleared payment is a condition of any promised transfer or final license.
Work-made-for-hire status
A commissioned item is not automatically a "work made for hire." It is treated as work made for hire only when a signed writing expressly says so and the work legally qualifies; otherwise ownership and licenses are determined by the written assignment or license in the Project Agreement and these Terms.
Rights after full payment
After full payment, the Client receives the ownership or usage rights expressly stated in the Project Agreement. If it is silent, the Client receives a worldwide, perpetual, non-exclusive license to use the selected final deliverable for the purpose described in the order.
Studio materials that remain ours
Drafts, rejected concepts, reusable code, frameworks, libraries, components, methods, templates, workflows, know-how, prompts, pre-existing assets, and general design elements remain ours or their existing owner's property.
License restrictions
Unless expressly allowed, the Client may not resell retained components as standalone assets, sublicense them, extract reusable systems, claim authorship, register our retained material as exclusively theirs, or use unpaid work.
Third-party intellectual property
Fonts, stock media, plugins, software, APIs, platform assets, and open-source code remain subject to their own licenses. The Client is responsible for continuing licenses identified as Client obligations.
Portfolio use
After public launch, we may display public-facing final work, the public brand name, and an accurate project description in our portfolio, proposals, social posts, awards, or case studies unless a written confidentiality or white-label agreement says otherwise.
Confidential information
Each side must use the other's non-public business, security, technical, and project information only for the project and protect it with reasonable care, subject to lawful disclosure and the stated exceptions.
Confidentiality exceptions
Confidential information excludes material already lawfully known, public without breach, independently developed, lawfully received from another source, or required to be disclosed by law, court order, insurer, payment process, or professional adviser.
Website testing
Website work is tested in the environments listed in the Project Agreement or a reasonable selection of current modern browsers and devices. Exact rendering may vary by device, browser, operating system, font engine, extensions, and user settings.
Future compatibility
Future browser, dependency, API, operating-system, security, or platform changes are not included corrections. Updating for a later change is maintenance or new work unless covered by a plan.
Client and third-party modifications
We are not responsible for defects caused by edits, plugins, code, uploads, settings, or access changes made by the Client or another provider after handoff. Investigation or repair may be billable.
Accessibility and compliance
We aim to implement agreed accessibility requirements but do not provide certification or legal compliance unless expressly included. The Client remains responsible for obligations applying to its business, audience, industry, content, and jurisdiction.
Domains
Domain availability is not guaranteed until registration completes. The Client must keep registrant information accurate, protect the registrar account, and pay renewals unless management is expressly included.
Hosting and uptime
Hosting is included only when listed. No provider or system can guarantee uninterrupted uptime, perfect security, unlimited capacity, or recovery from every incident.
Renewals and recurring services
The Client is responsible for renewal dates and fees unless a managed plan expressly says otherwise. Failure to renew may cause expiration, suspension, deletion, email interruption, or loss that may not be reversible.
Maintenance scope
Maintenance covers only the tasks, hours, systems, and response targets stated in the plan. Redesigns, new features, content production, emergency recovery, or third-party migrations are separate unless included.
Third-party platforms
Discord, Roblox, Stripe, PayPal, Cloudflare, GitHub, Google, social networks, hosts, registrars, AI providers, and API operators control their own terms, prices, approvals, outages, limits, and account decisions.
API and platform changes
We are not responsible for a third party changing, charging for, restricting, or ending an API or service. Adaptation work after delivery is new work unless covered by maintenance.
Account and credential security
Use accounts you own or may control, enable available security features, use unique credentials, and provide the least access needed. Do not send full card numbers, passwords, private keys, or tokens through ordinary email.
Security incidents
Report suspected compromise promptly. We may suspend access or deployment to contain a reasonable threat. Incident work beyond scope may be billable unless caused by our failure to provide the agreed service with reasonable care.
Privacy and project records
Our Privacy Policy explains personal-information handling. We may retain orders, invoices, communications, approvals, time records, versions, access data, and delivery evidence to provide services, secure systems, keep accounts, and resolve disputes.
Sensitive and regulated data
Do not provide unnecessary sensitive data or personal information you lack authority to share. Tell us before ordering if a project will process health, financial, children's, biometric, education, or other regulated data.
Staff and subcontractors
We may use trusted staff and specialist contractors to perform parts of the Services while remaining responsible for managing the agreed work. People receiving confidential information must handle it appropriately.
Automation and AI-assisted tools
We may use licensed software, automation, and assistive or generative tools in production. Disclose any required restriction, data-residency rule, client policy, or prohibition before ordering so we can confirm compliance.
Prohibited uses
Services and deliverables may not be used for fraud, phishing, malware, credential theft, harassment, threats, exploitation, doxxing, unlawful discrimination, impersonation, deceptive claims, rights infringement, unauthorized access, or evasion of platform enforcement.
Rights complaints
A rights complaint should identify the work, ownership or authority, location of the disputed material, requested action, and reliable contact information. We may pause or remove disputed material while reviewing a credible complaint.
Service standard
We will perform the Services with reasonable care and skill and seek to deliver the agreed scope. Mandatory warranties and remedies under applicable federal and Maryland law remain available.
Correction process
Report an objective error with enough detail to reproduce it. Our first response may be to investigate, correct, re-perform, replace, or provide another remedy appropriate to the issue and applicable law.
Correction exclusions
The correction obligation does not cover changed preferences, out-of-scope requests, client or third-party modifications, misuse, unsupported environments, platform changes, expired services, compromised accounts, or errors in client-supplied content.
No guarantee of business results
Unless expressly promised in writing, we do not guarantee sales, revenue, traffic, engagement, conversions, search ranking, community growth, platform approval, publicity, funding, awards, or business success.
No absolute technology guarantee
We do not guarantee that any website, integration, account, or file will be uninterrupted, permanently compatible, completely error-free, or immune from every security threat.
Rights that cannot be waived
Nothing in these Terms excludes liability or limits rights that cannot lawfully be excluded under applicable United States federal law, the Maryland Consumer Protection Act, or other mandatory law.
Excluded categories of loss
To the extent permitted by law, neither side is liable for indirect, special, incidental, exemplary, or consequential loss, lost profit, lost opportunity, lost goodwill, or third-party platform loss.
Liability cap
To the fullest extent permitted by law, our total aggregate liability arising from a particular project is limited to the amount actually paid to us for the Service giving rise to the claim. The cap does not apply where law prohibits it, including fraud or willful misconduct.
Duty to reduce avoidable loss
Each side must take reasonable steps to prevent and reduce avoidable loss, including maintaining backups, protecting accounts, reporting problems promptly, and not continuing a known harmful use.
Responsibility for third-party claims
Each side is responsible to the extent a claim is caused by its breach, negligence, unlawful conduct, or infringement. The Client is responsible for claims caused by materials, claims, products, or instructions it was not authorized to provide.
Handling third-party claims
The party seeking protection must give prompt notice, reasonable cooperation, and control appropriate to the claim. Neither side may settle in a way that admits fault or imposes duties on the other without written consent.
Events outside reasonable control
Neither side is liable for delay caused by serious illness, disaster, fire, flood, war, civil unrest, utility failure, widespread internet outage, government action, supplier failure, or similar events beyond reasonable control.
Response to a force-majeure event
The affected side should notify the other where practical and reasonably attempt to resume. Completed work and committed costs remain payable; the parties may agree to suspend, reschedule, reduce, or fairly end the project.
Initial complaint process
Send the order ID, issue, evidence, and requested outcome to orders@nitya.xyz. Both sides will first make a good-faith effort to investigate and resolve the matter in writing.
Mediation and consumer assistance
If direct discussion does not resolve the issue, either side may propose mediation. A Maryland consumer may also contact the Maryland Attorney General's Consumer Protection Division without waiving another lawful remedy.
Small claims and court proceedings
An eligible money claim may be filed in Maryland District Court small claims or another court with jurisdiction. Nothing prevents urgent court relief for misuse of intellectual property, confidential information, or security.
Maryland governing law
These Terms and each Project Agreement are governed by the laws of the State of Maryland and applicable United States federal law, without regard to conflict-of-law rules and without removing mandatory protections that apply to a consumer elsewhere.
Maryland venue
Subject to a mandatory consumer forum or another court's exclusive jurisdiction, the parties consent to personal jurisdiction and venue in the state or federal courts located in Maryland.
Electronic notices
Notices may be sent to the latest order email, portal, Discord ticket, or other agreed project channel. A notice is effective when delivered unless the sender receives a failure message, subject to any legally required method.
Assignment
The Client may not transfer an order, unpaid deliverable, or license without written consent. We may transfer the agreement as part of a genuine studio sale or restructure if the successor assumes the relevant obligations.
Severability
If a term is unlawful or unenforceable, it will be read down or removed only to the minimum extent necessary; the remaining Terms continue.
No waiver by delay
A delay or failure to enforce a right is not a waiver. A waiver applies only to the specific matter stated in writing.
Terms that continue
Payment, ownership, licenses, confidentiality, recordkeeping, dispute, liability, and provisions intended by their nature to continue survive delivery, cancellation, termination, and account closure.
Updates for future orders
We may update these Terms for future orders as services, risks, providers, or laws change. The date at the top identifies the current version.
Existing orders after an update
An update does not retroactively rewrite a completed order or signed Project Agreement. A material change to an ongoing service will be communicated and accepted as required by law.
Entire agreement
The documents identified in these Terms are the complete agreement for the order and replace earlier discussions about the same subject, while preserving fraud and rights that cannot legally be waived.
Headings and interpretation
Headings, numbering, examples, and summaries help navigation but do not limit the operative wording. "Including" means including without limitation.
Contact
Questions, notices, cancellations, refund requests, rights complaints, and disputes may be sent to orders@nitya.xyz. Include the order reference and do not send passwords, authentication tokens, or full card details.
Professional review recommended
These published Terms are intended to document studio operations and allocate common project risks. Clients may seek independent advice before ordering, and Nitya Studios should have the Terms reviewed by a Maryland attorney as services, payment systems, and business structure evolve.
Need to get in touch?
Email orders@nitya.xyz. For a course access decision, include your Discord ID and case ID if one is shown. Please do not send passwords or payment card details by email.