Public Offer and Terms of Sale
These Public Offer and Terms of Sale (“Terms”) govern purchases of digital goods, digital accounts, digital materials, custom digital work, image-editing services and other digital services offered through Mario Brothers and its authorised communication channels (“Service”).
These Terms are publicly available before payment. The Service may also provide a direct link to them during communication with a Customer. By voluntarily making full or partial payment after having been given a reasonable opportunity to review these Terms, the Customer confirms acceptance of these Terms and the agreed Order Specification.
These Terms define the parties’ commercial expectations, allocation of responsibility, inspection procedure and dispute-handling rules. Any mandatory protection that cannot validly be excluded or reduced remains unaffected.
1. Definitions
Customer means the individual or organisation placing or paying for an Order.
Product means a digitally delivered item, including files, digital materials, access credentials and an Account where its transfer and use are permitted.
Account means a digital account or access credentials associated with a third-party service.
Custom Work includes Photoshop, retouching, design and other work produced to the Customer’s instructions.
Order Specification means the description, requirements, references, source materials and other instructions agreed for the Order.
Delivery means making the purchased Product, credentials, file, link or completed work available through an agreed channel.
2. Customer Responsibility for the Order Specification
The Customer must review the Product description and communicate every requirement that is material to the Customer before payment and, for Custom Work, before performance begins.
Material requirements may include country or region, platform, account type, currency, required functionality, file format, dimensions, resolution, style, colours, text, references, deadlines, technical environment and any other characteristic capable of affecting the expected result.
If a characteristic is important, the Customer must ask about it before purchasing. The Service may reasonably rely on the information actually supplied by the Customer.
The Service is not responsible for an expectation that was never communicated. If the Customer provides an inaccurate, incomplete, contradictory or ambiguous description and the result consequently differs from an undisclosed expectation, responsibility for that undisclosed or incorrectly described requirement remains with the Customer.
A statement such as “I imagined it differently” or “this is not what I meant” does not by itself establish defective performance where the disputed preference was never communicated.
If the Service itself materially departs from a clear agreed requirement, the Service will consider an appropriate correction.
3. Changes After Work Has Started
A request that materially changes the original Order Specification after work has begun may be treated as additional work and may require additional payment, a revised deadline or a new Order.
Time already spent on properly performed work remains chargeable when the Customer changes their mind, changes the task, supplies material information late or cancels after performance has begun, subject to any mandatory protection that applies in the circumstances.
If a correction is necessary because the Service failed to follow the agreed specification, that correction is not treated as a new paid requirement.
4. Payment and Start of Performance
Unless expressly agreed otherwise, the Service begins work only after receiving the agreed full or partial advance payment.
The Service may require:
- 100% prepayment;
- partial prepayment with a later balance;
- payment secured through an agreed escrow or guarantor service.
The Service is not required to begin or continue work while an agreed payment is outstanding.
5. No Try-Before-Payment Delivery
Digital Products, Accounts, passwords, unrestricted files, source files and other usable digital assets are not provided on a “try first, pay later”, “check before payment” or similar basis.
The Service may provide screenshots, descriptions, previews or watermarked samples at its discretion. Such previews do not require disclosure of usable credentials or complete digital assets before payment.
6. Escrow / Guarantor Transactions
The Service may accept transactions through a mutually agreed reputable escrow or guarantor service.
The intermediary must be agreed before funds are transferred. Unless otherwise agreed, third-party transaction fees are borne by the Customer.
The Customer is responsible for verifying that an intermediary is genuine and authorised. The Service is not responsible for loss caused by a fake guarantor, impersonator or unauthorised third party selected without the Service’s approval.
7. Digital Accounts — Condition at Delivery
The Service supplies an Account in the condition described and agreed for the Order and, where functionality is promised, as ready for the agreed normal use at the time of Delivery.
Before Delivery, the Service may retain screenshots, timestamps, access checks or other reasonable evidence of the Account’s condition.
The Customer must verify that the Account’s stated characteristics are suitable for the Customer’s intended permitted use before purchasing.
8. First Login, Customer Environment and Post-Delivery Risk
An Account may react to a new device, IP address, location, browser profile, security configuration, verification attempt, password or recovery-data change, transaction pattern or other Customer-controlled activity. Third-party platforms may also apply automated security or risk controls.
Once the Customer receives access, the Customer is responsible for using the Account carefully and in accordance with the relevant platform’s rules and normal security practices.
If an Account is restricted, locked, suspended, damaged or otherwise becomes unusable after the Customer has logged in or taken control, this is not automatically a warranty case.
The Service may examine timing, circumstances and available evidence to determine whether the issue existed at Delivery or arose from the Customer’s actions, technical environment, insufficient experience, incorrect configuration, prohibited use, security changes or a third-party platform decision.
Where available evidence reasonably indicates that the Account was functional at Delivery and the problem arose only after Customer-controlled access or activity, the Service may refuse a free replacement or refund.
The Customer’s first login by itself does not erase a defect demonstrably existing at Delivery. This section is intended to prevent the Service from being made responsible for post-Delivery misuse, operational mistakes or third-party reactions caused by the Customer.
9. Customer Actions After Delivery
After taking control of an Account, the Customer is responsible for:
- changing passwords or recovery data;
- changing devices or IP addresses;
- modifying security settings;
- connecting third-party applications;
- submitting verification information;
- modifying profile information;
- making transactions;
- otherwise operating the Account.
A problem caused by Customer-controlled actions, lack of necessary technical knowledge, failure to follow provided instructions or violation of third-party platform requirements is not treated as a defect attributable to the Service.
10. Third-Party Platforms
Accounts and Products connected to third-party platforms remain subject to those platforms’ independent rules, systems and risk controls.
The Service does not control future platform changes, verification requests, automated reviews, suspensions, feature removals or other independent decisions made after Delivery.
The Customer is responsible for determining whether acquisition, transfer, possession and intended use of an Account are permitted by the relevant platform and appropriate for the Customer’s circumstances.
11. Inspection Period
The Customer must inspect a delivered digital Product as soon as reasonably possible. For the Service’s operational complaint procedure, apparent Delivery defects should be reported within 24 hours after Delivery.
A complaint should identify the Order, describe the issue and include reasonable evidence such as:
- screenshots;
- screen recording where useful;
- error messages;
- approximate time of occurrence;
- other information reasonably necessary to reproduce the issue.
The 24-hour period is intended to preserve evidence and distinguish Delivery-condition issues from later Customer activity. It does not eliminate any non-waivable protection that applies regardless of these Terms.
12. Acceptance and Evidence
The Service may consider communications, timestamps, access checks, screenshots, logs, delivery messages, files and other relevant records when assessing a complaint.
Use of a Product, changing credentials or security settings, making transactions or transferring control may be relevant evidence that the Customer took control, but no single fact automatically determines every dispute.
Where practical, the Customer is encouraged to record the initial inspection or first login.
13. Photoshop, Design and Custom Work
The Service may perform Photoshop, retouching, compositing, restoration, design and other digital work of varying complexity.
Creative work involves subjective preferences. The controlling reference is the agreed Order Specification, not an expectation the Customer did not communicate.
If completed work materially follows the agreed specification, subjective dissatisfaction alone does not create an entitlement to free complete re-performance.
A new concept, style, source material, composition or other material change may be quoted as additional work.
14. Revisions
Unless otherwise agreed, revisions are intended to correct a material deviation from the original Order Specification, not to replace the original task with a new one.
New ideas or requirements first communicated after completion may be charged separately.
At its discretion, the Service may offer a discount on a repeat or substantially revised Order. Such discount is a goodwill option and not an automatic entitlement.
15. Payment for Time and Work Already Performed
Custom Work consumes specialist time even when the final result is digital.
If the Service has already performed work in accordance with the information supplied, the Customer remains responsible for the value of that work when the Customer later changes the task, changes their mind, supplies missing information late or decides that a different result would have been preferable.
The Service may retain or request payment corresponding to work already performed, taking into account the agreed price, stage of completion and circumstances of the Order.
16. Refunds, Corrections and Replacements
The Service will investigate a properly supported claim that a Product:
- was not delivered;
- materially differed from the agreed description;
- was demonstrably non-functional at Delivery where functionality was promised.
Depending on the circumstances, the Service may offer technical assistance, correction, replacement, re-performance, partial refund or full refund.
- the Customer changed their mind;
- the Customer failed to read the description;
- the Customer failed to communicate an important requirement;
- the Customer caused the problem after Delivery;
- the Customer used the Product incorrectly;
- the Customer lacked necessary technical knowledge;
- the Customer triggered a third-party restriction through their own activity.
Nothing in this section removes a remedy that cannot validly be excluded in the Customer’s circumstances.
17. Digital Delivery and Withdrawal Expectations
The Customer acknowledges that digital Products can be delivered and become usable immediately after payment and that Custom Work may begin immediately after payment or instruction to proceed.
Payment after the Customer has received or had reasonable access to these Terms is evidence that the Customer requested the transaction to proceed under these Terms.
Where a particular market requires a separate form of express consent for immediate digital delivery or for loss of a mandatory withdrawal right, these Terms do not represent that payment alone replaces such a separate requirement.
The Service does not otherwise offer a voluntary “use first and return because you changed your mind” policy.
18. False Claims, Fraud and Chargebacks
The Service may reject a claim that is demonstrably false, manipulated or inconsistent with available evidence.
The Customer must not deliberately:
- misrepresent the condition of a Product;
- fabricate or manipulate evidence;
- conceal relevant post-Delivery actions;
- falsely claim non-delivery;
- knowingly provide materially false information to a payment provider or guarantor.
The Service may preserve and submit relevant communications, Delivery evidence, timestamps and technical records to payment providers, escrow services, dispute-resolution bodies or competent authorities when reasonably necessary to defend a transaction.
This section does not prevent a genuine complaint or legitimate dispute procedure.
19. Prohibited Orders and Territories
The Service does not knowingly perform orders intended to facilitate fraud, theft, unauthorised access, credential theft, malware, financial deception, harmful impersonation, harassment, exploitation or other conduct intended to harm ordinary people.
Orders connected with the Russian Federation or CIS countries are prohibited under the Service’s internal policy and may be refused.
The Service may request clarification regarding purpose, destination or intended use where circumstances create a reasonable safety, fraud or compliance concern.
20. Right to Refuse or Stop Service
The Service may refuse an Order without providing detailed internal risk reasons.
The Service may suspend or terminate performance where:
- payment is missing;
- necessary information is not supplied;
- the Customer materially changes the scope without agreement;
- the request appears unsafe or abusive;
- circumstances create an unacceptable fraud, security or compliance risk.
If the Service terminates a paid Order for reasons not caused by the Customer, the parties will account reasonably for any unperformed portion and work already completed.
21. Customer-Supplied Materials and Intellectual Property
The Customer confirms having the necessary permission or authority to provide photographs, files, logos, text, data and other materials submitted for processing.
The Service may refuse work where materials or intended purpose reasonably appear improper, harmful or unauthorised.
Rights in pre-existing materials remain with their respective owners. Payment for Custom Work does not automatically transfer rights belonging to third parties.
Any transfer or licence concerning original material created by the Service is determined by the specific Order.
22. Records, Privacy and Confidentiality
The Service may retain records reasonably necessary for performance, support, fraud prevention, accounting and dispute handling.
Such records may include:
- communications;
- Order Specifications;
- payment records;
- Delivery timestamps;
- technical evidence.
Personal information should be handled according to the Service’s published Privacy Policy and any mandatory privacy requirements applicable in the circumstances.
23. Limitation of Responsibility
To the greatest extent reasonably permitted, the Service is not responsible for indirect or consequential loss caused by Customer-controlled actions, independent third-party platforms, infrastructure failures or circumstances outside the Service’s reasonable control.
The Service does not accept responsibility for losses caused by Customer misuse, operational mistakes, failure to follow instructions, unsuitable technical environment or actions taken after Delivery.
No exclusion in these Terms applies where responsibility cannot validly be excluded.
24. Force Majeure and Outside Events
The Service is not responsible for delays or inability to perform caused by circumstances outside its reasonable control, including major internet or hosting failures, widespread third-party outages, governmental restrictions, natural disasters, armed conflicts or comparable exceptional events.
The parties should act reasonably to continue, postpone or close the affected Order according to the circumstances.
25. Communications and Approvals
Order requirements, changes and approvals should be communicated through channels authorised by the Service.
The Service may rely on written communications to determine what was requested and agreed.
If the Customer approves a preview or intermediate result, that approval is relevant evidence that visible elements were accepted. Later changes to approved elements may be treated as additional work.
26. International Customers
The Service may accept Customers from multiple regions. Availability of a Product does not represent that every Product is appropriate for every person, platform or territory.
The Customer is responsible for assessing their intended use and circumstances. Mandatory local protections that apply irrespective of contract wording remain unaffected.
27. Public Nature and Acceptance of These Terms
These Terms are intended to remain publicly accessible on the Service’s website. Links may be displayed on Product pages, contact pages, payment instructions and other stages of communication.
When the Customer receives or has reasonable access to these Terms before payment and then voluntarily makes full or partial payment, the parties will treat that payment as the Customer’s acceptance of the commercial terms of the Order, including the Product description and agreed Order Specification.
The Service should retain the version of these Terms applicable at the time of each transaction so the terms made available for a particular Order can later be identified.
28. Dispute Handling
The Customer should first contact the Service with a clear description of the issue and supporting evidence so the circumstances can be reviewed.
The parties should act reasonably and in good faith when distinguishing a genuine Delivery defect from a problem caused after Delivery.
Because the Service’s permanent operating entity and jurisdiction have not yet been designated, these Terms do not currently name an exclusive court or governing jurisdiction. This section should be updated when the operating entity is established.
29. Changes, Severability and Entire Agreement
The Service may update these Terms for future Orders. The version made available for a particular Order will normally govern that Order.
If a provision cannot validly be applied in a specific circumstance, it should be limited only to the extent necessary while the remaining provisions continue to operate.
The agreement for an Order consists of these Terms together with the Product description, Order Specification, agreed price, written amendments and any policy expressly incorporated into the Order.
30. Contact
Questions, complaints and Order-related communications should be submitted through the official contact channels published on the Service’s Contacts page.
Customers should retain Order details and relevant correspondence until the transaction is fully completed.