Hello ! I'm in a bit of a situation w someone I commissioned a few months ago n I'm not sure how to proceed
In late December I commissioned this artist for an interactive text game for US$165 and was told that I would get an update on it around mid January. In late January however the artist claimed that they experienced a severe mental drawback that had made it difficult for them to do "the simplest of things", including replying to people. Since then, however, they have been posting several personal works, one of which is an interactive text game posted in late February. I sent them a note on FA about a week ago asking for an update on my commission, even offering to lessen their workload in exchange for a partial refund, but even though it has been read I have yet to get a response. Three personal works including the game had been posted ever since I sent that note.
Am I right to be concerned? How should I proceed? It has been more than two months since I commissioned this person, and they have not given me any sort of WIP. I should also mention that their TOS has a "no refund" rule, and while I do know that it's technically not enforceable I'm usually very understanding of these things and I don't want to be a nightmare customer.
Advice much appreciated, thank you !