Effective Date: October 14, 2026

1. Introduction and Acceptance of Terms

Welcome to Nyala (“Nyala,” “we,” “our,” or “us”). Nyala is a creative art business offering original artwork, custom art commissions, and tattoo-design illustrations.

These Terms of Service (“Terms”) govern your access to and use of our website, products, and services. By visiting our website, submitting an order, purchasing a product, or requesting a commission, you agree to these Terms.

If you do not agree to these Terms, please do not purchase or use our services.

These Terms apply to all customers, visitors, and individuals who interact with Nyala through our website or other official business channels.

2. Eligibility and Minors

Nyala welcomes customers of all ages, subject to applicable laws.

If you are under 18 years old, you must have permission from a parent or legal guardian before making a purchase, requesting a commission, or entering into an agreement with Nyala. Your parent or legal guardian may need to complete the purchase or provide consent where required by law.

We reserve the right to request confirmation of parental or guardian permission and to decline or cancel an order when required consent has not been obtained.

Nothing in these Terms removes any rights or protections that minors or consumers have under applicable law.

3. Our Services

Nyala currently offers or may offer the following services:

• Custom artwork and commissioned illustrations.

•  tattoo-design concepts.

• Other creative products or services specifically advertised on our website.

Each product or service may have its own description, price, delivery estimate, and requirements. The specific details agreed upon at the time of purchase will form part of the agreement between you and Nyala.

Any future services, including an artist community, marketplace, art-supply store, or platform allowing artists to sell their work, may be subject to additional terms. These services are not included in the current Terms unless they are specifically offered by Nyala.

We reserve the right to update, modify, suspend, or discontinue services, subject to applicable law and any existing obligations to customers.

4. Artistic Style, Capabilities, and Level of Detail

Nyala is an independent creative business. All artwork reflects the artist’s individual style, artistic judgment, experience, and current capabilities.

Customers are encouraged to review examples of our work before placing an order to determine whether our artistic style is appropriate for their project.

Highly detailed or very small designs: Nyala may accept requests involving small, intricate, or highly detailed artwork. However, we may have limitations when creating extremely small details, fine lines, complex patterns, tiny lettering, or designs requiring exceptional precision.

By requesting artwork of this nature, you acknowledge that the final result may not reproduce every detail exactly as imagined. Some elements may need to be simplified, enlarged, adjusted, or omitted to create a workable design within our capabilities.

We will make reasonable efforts to communicate limitations when we identify them. We may recommend adjustments or decline a project if we believe the requested result is not reasonably achievable.

Purchasing a commission does not guarantee that the finished artwork will be identical to a reference image, another artist’s work, a digital mockup, or your personal mental image of the design.

Differences in artistic interpretation, reasonable stylistic choices, or subjective preferences do not automatically constitute a defect or grounds for a refund, provided the work is consistent with the agreed scope and applicable law.

5. Customer Responsibilities and Project Information

When placing an order or requesting a commission, you agree to provide accurate information about your project.

This may include:

• The intended subject, concept, theme, and purpose.

• Preferred colors, dimensions, and level of detail.

• Relevant reference images or written instructions.

• Any important elements that must be included or avoided.

• Whether the artwork is intended for personal or commercial use.

• Your preferred file format or other delivery requirements, where applicable.

You are responsible for reviewing your submitted instructions and communicating important requirements before work begins.

If your instructions are incomplete, contradictory, or substantially change after work has started, Nyala may request clarification, adjust the timeline, or charge additional fees for work outside the original scope.

You must have the right to use any reference images, photographs, logos, or other materials you provide. You may not knowingly submit material that infringes another person’s intellectual property rights.

6. Artwork Progress Updates and Customer Communication

Nyala aims to keep customers involved in the creative process.

Depending on the project, we may provide progress updates, sketches, rough drafts, concept previews, or other work-in-progress images before completing the final artwork.

These updates are intended to help customers understand the direction of the project and communicate feedback while changes may be more practical.

The number, format, and timing of updates may vary based on the type of commission, its complexity, the agreed timeline, and the price paid.

Although we make reasonable efforts to communicate throughout the process, not every project will include the same number of updates or previews unless expressly agreed upon.

Progress updates do not mean unlimited revisions are included. Receiving a sketch, rough draft, or preview does not entitle a customer to unlimited changes, repeated redesigns, or a complete restart without additional payment.

Customers should review each preview carefully and provide clear, consolidated feedback within any stated response period.

7. Revisions, Major Changes, and Additional Fees

Each commission includes only the work and revisions expressly described in the applicable listing or agreed upon before payment.

The initial price is based on the original project description, requested complexity, estimated time, and agreed deliverables.

Additional fees may apply when a customer requests work beyond that original scope, including:

• Repeated or extensive revisions beyond what was included.

• Significant changes to the original concept, composition, subject, or design direction.

• New elements or requirements that were not part of the original request.

• A complete restart after a sketch, rough draft, or concept preview has been provided.

• Changes that require substantial work to be redone or previously completed work to be discarded.

• Changes requested after the customer has approved a concept or important stage of the project.

For example, if a customer approves an initial concept and later requests an entirely different concept, after a sketch and rough draft is completed Nyala may treat the request as a new phase of work or a new commission rather than an ordinary revision.

Additional fees will be communicated before the additional work is performed. Nyala will obtain the customer’s approval before proceeding with chargeable work outside the original scope. We will not treat silence as approval of an additional fee.

If the customer does not approve the additional fee, Nyala may continue with the originally agreed scope, pause the affected work, or discuss cancellation under the refund and cancellation policy in these Terms.

Customers are encouraged to submit feedback in one clear, organized message whenever possible. This helps reduce misunderstandings and unnecessary revisions.

Nyala will not charge additional fees for changes that are necessary to correct our own failure to follow the agreed project specifications, subject to the circumstances and applicable law.

8. Concept Approval and Project Timeline

For custom commissions, the process may include:

1. Request and agreement: The customer submits project details, and the scope, price, and expected timeline are established.

2. Payment: The customer pays the required amount or deposit.

3. Sketch or concept: Nyala develops an initial direction and may provide a sketch or rough draft.

4. Customer feedback: The customer reviews the concept and communicates requested changes.

5. Approval and creation: Nyala proceeds with the agreed direction and provides updates where appropriate.

6. Final delivery: The completed artwork is delivered according to the agreed format and method.

When a customer approves a sketch, concept, or other significant stage, that approval may be used to establish the agreed direction for the remaining work.

If the customer delays feedback, changes the project, or fails to provide necessary information, the delivery timeline may be extended.

Any estimated completion date is an estimate unless expressly agreed to as a guaranteed deadline. Nyala will make reasonable efforts to meet communicated timelines and will notify customers of significant delays when reasonably possible.

9. Prices, Payments, and Deposits

Prices will be displayed on the website or communicated to the customer before an order is confirmed.

Unless otherwise stated, all prices are in United States dollars (USD). Applicable taxes, processing charges, or other disclosed fees may be added where required or permitted by law.

Payment must be completed according to the checkout instructions or the payment schedule agreed upon for the commission.

For custom work, Nyala may require full payment upfront or a deposit before beginning work. Any deposit amount, remaining balance, and payment deadlines will be communicated before the customer commits to the order.

Deposits may be retained to cover work already performed, time reserved, and reasonable nonrecoverable costs when a customer cancels, to the extent permitted by applicable law and the specific agreement.

Nyala will not charge an undisclosed additional fee without the customer’s approval.

Orders may be delayed or declined if payment is unsuccessful, incomplete, disputed, or suspected to be unauthorized.

10. Refunds, Cancellations, and All-Sales-Final Policy

All sales are generally final. Because custom artwork involves time, creative labor, and work tailored to an individual customer, refunds are generally not available merely because a customer changes their mind, dislikes a reasonable artistic interpretation, or decides they no longer want the commissioned work.

This policy applies to custom commissions and digital illustrations, subject to the specific terms disclosed for the purchase and applicable law.

Customer cancellations

If a customer requests cancellation after work has begun, Nyala may retain an appropriate portion of the payment to cover work already completed and reasonable nonrecoverable costs, where permitted by law.

If work has not begun, any refund will be considered under the terms disclosed at purchase and applicable law.

If a commission requires extensive corrections repeated revisions or substantial redesign beyond the original agreed scope Nyala May request an additional fee before continuing the work if the customer declines to an additional fee and request cancellation Nyala May include a partial refund after accounting for work out already completed time spent and materials or supplies used or lost to the extent permitted by applicable  law if Nyala Has spent one hour or more working on a commission The customer is not eligible for full refund only because they chose to cancel or decline additional revision fees Any refund will be calculated fairly based on work completed and cost incurred, and the customer will be informed  of the refund amount this policy does not limit any refund rights required but applicable law

Digital products

Once a digital file has been delivered or made available for download, refunds are generally not offered solely because the customer changes their mind, subject to applicable law.

Customers are responsible for checking product descriptions, intended use, file formats, and other relevant information before purchasing.

When a problem occurs

Please contact Nyala if you believe an order was not delivered, a file is defective, a material part of the agreed work is missing, or the delivered work materially differs from the agreed specifications.

We will review the issue and discuss an appropriate resolution. Depending on the circumstances, this may include correction, replacement, completion of the agreed work, or a refund where required or appropriate.

Nothing in this policy is intended to waive rights or remedies that cannot legally be waived.

Nyala’s policies are subject to applicable consumer-protection laws, including the Washington Consumer Protection Act, Chapter 19.86 RCW.

11. Digital Delivery and File Use

Digital artwork will be delivered using the method and file format agreed upon or described in the product listing.

Customers are responsible for providing a valid email address or other necessary delivery information and for maintaining access to their own devices, accounts, and software.

Nyala is not responsible for problems caused by incompatible software, unsupported devices, incorrect customer-provided contact details, or third-party systems outside our reasonable control.

Customers should save backup copies of delivered files. Unless expressly stated otherwise, Nyala does not guarantee permanent file hosting, unlimited redownloads, or indefinite storage of customer files.

If a file is corrupted or inaccessible due to an issue attributable to Nyala, please contact us so we can review and reasonably address the issue.

12. Tattoo-Design Illustrations and Safety Disclaimer

Digital tattoo illustrations sold by Nyala are artistic designs intended to serve as visual concepts or references.

Purchasing a tattoo illustration does not guarantee that a tattoo artist can reproduce it exactly on skin. The final tattoo may require changes based on placement, body shape, skin characteristics, tattoo size, line thickness, technique, and the professional judgment of the tattoo artist.

Extremely small lettering, intricate details, thin lines, and tightly packed elements may need to be enlarged, simplified, or otherwise adjusted for practical tattooing.

Customers should consult a qualified tattoo professional before using a design as a tattoo. The tattoo professional is responsible for assessing whether a particular design is suitable for the intended placement and execution.

Nyala does not provide tattooing services, medical advice, or guarantees regarding healing, longevity, skin reactions, or the final appearance of a tattoo applied by another person.

Customers are responsible for choosing a qualified tattoo professional and following that professional’s aftercare instructions.

13. Intellectual Property and Copyright Ownership

Unless otherwise agreed in a separate written agreement, original artwork created by Nyala remains the intellectual property of its creator.

Under applicable United States copyright law, including 17 U.S.C. § 201, copyright generally initially belongs to the author, subject to applicable exceptions and valid transfers.

Purchasing artwork does not automatically transfer copyright ownership to the customer.

Unless a different license is expressly agreed upon in writing, customers receive a limited, nonexclusive, nontransferable license to use the final artwork for personal, noncommercial purposes.

This license does not permit customers to:

• Claim authorship of artwork created by Nyala.

• Resell, redistribute, sublicense, or commercially exploit the artwork.

• Reproduce the artwork for products, merchandise, advertising, or other commercial purposes.

• Modify or create derivative works for commercial use without permission.

• Remove copyright notices or identifying information where applicable.

• Use the artwork in a way that infringes Nyala’s rights or the rights of another person.

Commercial use, exclusive rights, copyright transfers, merchandise rights, and other expanded permissions must be agreed upon separately in writing.

A customer may share or display purchased artwork for personal purposes within the scope of the license, provided they do not misrepresent its authorship or violate these Terms.

Nothing in this section prevents a customer from exercising rights they hold independently under applicable law.

14. Customer-Provided Materials

Customers retain whatever rights they already hold in materials they submit to Nyala, such as their own photographs, reference images, or written concepts.

By submitting materials, you grant Nyala permission to use, reproduce, and modify those materials only as reasonably necessary to discuss, create, revise, and deliver the requested project, or for another purpose you separately authorize.

You represent that you have permission to provide those materials and that their use for the requested project will not knowingly violate another person’s rights.

Nyala may decline a request involving unlawful content, material that appears to infringe intellectual property rights, or content that we reasonably believe we cannot appropriately create.

15. Portfolio Display and Promotion

Nyala may wish to display completed commissions, examples, sketches, or other work to demonstrate artistic ability and promote the business.

Unless you separately give permission, Nyala will not rely on this Terms of Service alone as permission to publicly display a private customer commission.

If you authorize Nyala to display your commissioned work, the permission will cover only the use you approve. You may specify reasonable limits, such as delaying publication or not displaying identifying information.

Nyala may display artwork created independently of a customer’s commission, as well as work already publicly shared by Nyala, provided doing so does not violate another person’s rights or a separate agreement.

16. Prohibited Conduct

You agree not to use Nyala’s website or services to:

• Violate any applicable law or regulation.

• Infringe copyright, trademark, privacy, or other legal rights.

• Submit fraudulent, unauthorized, or deceptive orders.

• Attempt to access private accounts, systems, or information without permission.

• Harass, threaten, or abuse Nyala or others.

• Interfere with the website’s normal operation or security.

• Misrepresent the source, authorship, or licensing of artwork.

• Use the website or services for any unlawful purpose.

Nyala may refuse service, cancel an order, or restrict access where reasonably necessary to address suspected fraud, abuse, security risks, or unlawful activity, subject to applicable law and any existing obligations.

17. Third-Party Platforms and Payment Providers

Nyala may use third-party services for website hosting, payments, invoices, file delivery, communications, or other business functions.

Your use of those services may be subject to their own terms, privacy policies, and requirements.

Nyala does not control every aspect of third-party services and is not responsible for outages, errors, or policies outside our reasonable control. However, this section does not exclude responsibility that applicable law does not permit us to exclude.

18. Privacy and Personal Information

Nyala may collect information necessary to process orders, communicate with customers, deliver artwork, maintain business records, prevent fraud, and operate the website.

Personal information will be handled in accordance with Nyala’s Privacy Policy and applicable law.

Please review the separate Privacy Policy on our website for details about information collected, how it is used, whether it is shared with service providers, and any applicable privacy rights.

These Terms do not replace a Privacy Policy. If a separate Privacy Policy is required for Nyala’s operations, it should be published and maintained independently.

19. Disclaimers

Nyala provides its website and services on an “as available” basis, except where otherwise required by law or expressly agreed in writing.

We make reasonable efforts to provide accurate descriptions, communicate project requirements, and deliver work consistent with the agreed scope.

However, we do not guarantee that the website will always be uninterrupted, error-free, or available at every moment.

Artwork is creative work and may involve reasonable differences in color, appearance, scale, detail, and artistic interpretation, including differences caused by screens, display settings, printing methods, or the intended medium.

Nothing in these Terms excludes any warranty, guarantee, or legal protection that cannot lawfully be excluded.

20. Limitation of Liability

To the fullest extent permitted by applicable law, Nyala will not be responsible for indirect, incidental, special, consequential, or punitive losses arising from the use of our website or services.

To the fullest extent permitted by law, Nyala’s total liability for a claim directly arising from a particular order will not exceed the amount paid to Nyala for that order.

These limitations do not apply where prohibited by law and do not exclude liability that cannot legally be limited, including any applicable liability for fraud, intentional misconduct, or other nonwaivable legal obligations.

Customers remain responsible for their own use of artwork and for obtaining any additional permissions, professional services, or approvals needed for their intended purpose.

21. Indemnification

To the extent permitted by law, you agree to be responsible for claims, losses, and reasonable expenses arising from your unlawful use of Nyala’s services, your infringement of another person’s rights, or your breach of these Terms.

This section does not require you to indemnify Nyala for losses caused by Nyala’s own unlawful conduct or other circumstances where indemnification would be prohibited by law.

22. Electronic Communications and Agreements

By communicating with Nyala electronically, you agree that business communications, order confirmations, invoices, approvals, and other records may be provided electronically where permitted by law.

Electronic records and signatures may have legal effect under Washington’s Uniform Electronic Transactions Act, Chapter 1.80 RCW when its requirements are satisfied.

Where appropriate, Nyala may retain written messages or electronic approvals relating to a commission, including the agreed scope, price, revision requests, and authorization of additional fees.

Nothing in this section means that every message automatically creates a binding contract; the context, applicable law, and circumstances of the communication will matter.

23. Governing Law and Disputes

These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles, except where another law must apply.

Disputes will be addressed in accordance with applicable law. Where legally permitted, the parties may first attempt to resolve a dispute through good-faith written communication.

Any court proceeding must be brought in a court with proper jurisdiction and venue under applicable law.

Nothing in this section prevents a customer from exercising a right to file a complaint with a government agency or pursue a legal remedy that cannot lawfully be waived.

24. Changes to These Terms

Nyala may update these Terms to reflect changes in services, business practices, or applicable law.

The updated version will be posted on the website with a revised effective date. Changes will apply prospectively unless otherwise permitted by law or agreed upon.

Where required by law, Nyala will provide notice or obtain consent before applying a material change to an existing agreement.

Customers should review these Terms periodically.

25. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be limited or removed to the minimum extent necessary.

The remaining provisions will continue to apply to the extent they remain valid and enforceable.

26. No Waiver

If Nyala does not enforce a provision of these Terms in a particular situation, that does not automatically waive the right to enforce that provision in the future.

Any waiver must be consistent with applicable law.

27. Entire Agreement

These Terms, together with the applicable product description, written commission agreement, and any separately applicable policies, form the agreement between Nyala and the customer concerning the relevant purchase or service.

If a separate written agreement expressly addresses a specific issue differently, that agreement will control that issue to the extent legally valid.

28. Contact Information

For questions about these Terms, commissions, payments, revisions, licensing, or refunds, contact:

Nyala

Website: https://nyalartz.com

Email: nyalartz@gmail.com

Thank you for supporting Nyala and independent creativity.

Nyala — where creativity flourishes.