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Terms of service

Welcome to MadeByBrush.

These Terms of Service (“Terms”) govern your access to and use of madebybrush.com (the “Site”), your customer account, our customization and creative services, AI-assisted creative tools, and your purchase of products from MadeByBrush (collectively, the “Services”).

Throughout these Terms, “MadeByBrush,” “we,” “us,” and “our” refer to MadeByBrush. “You” and “your” refer to the person accessing or using our Services.

By visiting the Site, creating an account, submitting content, using a creative tool, or purchasing a product, you agree to these Terms and to the policies referenced in them, including our Privacy Policy and Returns & Refunds Policy.

If you do not agree to these Terms, please do not use our Services.

1. About MadeByBrush

MadeByBrush connects customers with artists to create personalized artwork and products.

Our Services may include:

  • Hand-painted customized products;

  • Printed or otherwise produced customized products;

  • AI-assisted creative tools;

  • Non-customized products;

  • Artist Editions and collaborations;

  • Customer accounts; and

  • Other creative or ecommerce services offered through the Site.

Our store is hosted using Shopify and may rely on third-party providers for payments, technology, analytics, advertising, and other functionality.

2. Eligibility and Age Requirements

You must be at least 13 years old to use our Services.

If you are under the age of majority where you live, you may use the Services only with the knowledge and involvement of a parent or legal guardian where required by law.

In particular, users under the age of majority should not independently:

  • Enter into purchases;

  • Submit payment information;

  • Upload photographs of other individuals;

  • Grant rights relating to third-party content; or

  • Make other legally significant representations

without appropriate parental or guardian involvement.

You may not use our Services for any unlawful or unauthorized purpose.

3. Customer Accounts

You may have the option to create a MadeByBrush customer account.

You are responsible for:

  • Providing accurate information;

  • Keeping your account information current;

  • Protecting your password and login credentials; and

  • Activity occurring through your account.

You must not impersonate another person or create an account using information you are not authorized to use.

Please contact us promptly if you believe your account has been accessed without authorization.

We may suspend or terminate accounts associated with fraud, abuse, infringement, misuse of the Services, or violation of these Terms.

CUSTOM CREATION SERVICES

4. Your Idea, Our Artists

MadeByBrush allows customers to provide ideas, memories, photographs, descriptions, references, and other materials that our artists use to create customized products.

You provide the subject, meaning, inspiration, or direction.

MadeByBrush Artists provide the artistic skill and interpretation necessary to transform that direction into a finished work.

Because creation involves human judgment and artistic interpretation, a custom product is not equivalent to a mechanical reproduction of an image unless we specifically describe the service that way.

5. Customer-Submitted Content

“Customer Content” includes any material you submit to MadeByBrush, including:

  • Photographs;

  • Images;

  • Artwork;

  • Drawings;

  • Logos;

  • Text;

  • Names;

  • Dates;

  • Personal messages;

  • Creative instructions;

  • AI prompts;

  • AI-generated materials;

  • Reference images; and

  • Other materials or information used in connection with an order.

You retain any rights you already have in Customer Content that you lawfully own.

By submitting Customer Content to MadeByBrush, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, transmit, process, and disclose that content only as reasonably necessary to:

  • Provide the requested Services;

  • Create your artwork or product;

  • Allow MadeByBrush Artists to work on your order;

  • Use AI-assisted creative tools where requested or applicable;

  • Produce and fulfill your order;

  • Provide customer support;

  • Resolve disputes or quality issues; and

  • Meet legitimate legal, security, or operational requirements.

Our handling and retention of Customer Content is also governed by our Privacy Policy.

6. You Must Have the Right to Submit Your Content

By submitting Customer Content, you represent and warrant that you have all rights, permissions, licenses, consents, and authority reasonably necessary for MadeByBrush to use that content to provide the Services.

You must not knowingly submit material that:

  • Infringes copyright;

  • Infringes trademarks;

  • Violates rights of publicity or privacy;

  • Misappropriates another person's artwork;

  • Contains unauthorized commercial logos or intellectual property;

  • Is illegally obtained;

  • Violates applicable law; or

  • Otherwise infringes the rights of another person.

If you submit an image of another person, you represent that you have the appropriate right or permission to use that image.

If Customer Content depicts a minor, you must have appropriate parental, guardian, or other legal authority to provide that image where required.

7. Content We May Refuse to Create

MadeByBrush reserves the right to refuse, suspend, or cancel a customization request that we reasonably believe:

  • Violates applicable law;

  • Infringes intellectual property rights;

  • Violates another person's privacy or publicity rights;

  • Contains non-consensual intimate imagery;

  • Sexually exploits or sexualizes minors;

  • Involves fraud, impersonation, or deceptive activity;

  • Contains unlawful threats, harassment, or hateful material;

  • Creates unreasonable safety or legal risks; or

  • Cannot reasonably be completed through our Services.

We may also request that you modify or replace reference materials before production begins.

If we cancel an order before production because we are unable or unwilling to legally or safely complete the requested customization, we will determine the appropriate refund of amounts paid for the cancelled portion of the order.

8. Artistic Interpretation

Unless expressly stated otherwise, MadeByBrush does not provide a separate artwork proof or require customer approval of a final design before production begins.

By ordering a customized product, you understand that our artists may exercise reasonable artistic judgment concerning:

  • Composition;

  • Brushwork;

  • Line;

  • Color;

  • Proportion;

  • Placement;

  • Texture;

  • Simplification;

  • Detail; and

  • Overall artistic interpretation.

The final artwork may not reproduce every reference detail exactly.

Reasonable artistic interpretation is part of the MadeByBrush creative process and does not by itself constitute an error or defect.

However, if MadeByBrush clearly fails to follow a material customization instruction that you correctly submitted, the matter will be handled in accordance with our Returns & Refunds Policy.

9. Hand-Painted Variations

Hand-painted pieces are individually created by human artists.

Small differences in brushstrokes, texture, placement, shape, color, detail, and other characteristics are inherent to handmade work.

These variations are not manufacturing defects.

Colors displayed on screens may also differ from physical products due to photography, lighting, paint, fabric, display settings, and other factors.

By purchasing a hand-painted product, you acknowledge and accept the handmade nature of the finished work.

AI-ASSISTED CREATION

10. AI Creative Tools

MadeByBrush may use artificial intelligence, including technology provided through OpenAI, to help customers:

  • Develop ideas;

  • Generate concepts;

  • Transform reference images;

  • Visualize possible directions;

  • Modify creative references; or

  • Prepare material for our artists.

AI-assisted functionality is a creative aid and does not replace the human hand-painted process where the product is specifically sold as a hand-painted product.

You acknowledge that AI-generated material:

  • May contain inaccuracies;

  • May not exactly reflect your intended result;

  • May not be unique;

  • May resemble output generated for other users;

  • May require human modification or interpretation; and

  • Should not be treated as a guaranteed preview of the final hand-painted product.

You remain responsible for ensuring that material you provide to AI-assisted features may lawfully be used.

11. AI Output and Final Artwork

An AI-generated concept is not necessarily the final MadeByBrush artwork.

Our artists may interpret, alter, simplify, expand, or otherwise adapt AI-generated references when creating a physical product.

To the extent rights exist in AI-generated materials used through our Services, MadeByBrush may use those materials as part of the creative and production process.

The uniqueness promised for a custom MadeByBrush product applies to the finished custom design we intentionally create and offer for that customer, not to generic concepts, styles, prompts, artistic techniques, subject matter, or AI-generated elements that may independently appear elsewhere.

OWNERSHIP AND INTELLECTUAL PROPERTY

12. Ownership of Customized Artwork

Purchasing a customized MadeByBrush product gives you ownership of the physical product you purchased.

It does not transfer copyright or other intellectual property rights in the artwork itself.

Except for rights belonging to the customer or third parties in underlying Customer Content, all rights, title, and interest in original creative elements created by MadeByBrush or MadeByBrush Artists—including artwork, composition, design, artistic expression, and other original creative work—remain owned or controlled by MadeByBrush to the extent permitted by law.

No copyright assignment is made to the customer unless MadeByBrush expressly agrees otherwise in a separate written agreement.

13. Your Personal Use of Customized Products

We grant you a limited, personal, non-exclusive, non-transferable, non-commercial right to enjoy and use the customized product you purchased.

For example, you may:

  • Wear it;

  • Display it;

  • Give the physical product as a personal gift;

  • Photograph yourself wearing it; and

  • Share ordinary personal photographs on social media.

Unless we give you written permission, you may not use MadeByBrush artwork to:

  • Manufacture additional products;

  • Print copies;

  • Sell reproductions;

  • Create merchandise;

  • License the design;

  • Use it as commercial branding;

  • Use it as a commercial logo;

  • Sell digital copies;

  • Create commercial derivative products; or

  • Otherwise commercially exploit the artwork.

Purchasing one customized product is not a purchase of commercial reproduction rights.

14. Your Custom Design Will Not Be Resold

Although MadeByBrush retains intellectual property rights in artwork we create, we understand that the personal exclusivity of a customized work is an important part of the MadeByBrush experience.

Accordingly, we will not intentionally offer your completed custom design for sale to other customers as a MadeByBrush product without your permission.

This commitment does not give you exclusive ownership of:

  • General ideas;

  • Themes;

  • Artistic styles;

  • Techniques;

  • Colors;

  • Common compositions;

  • Generic subject matter;

  • Concepts independently created for another customer; or

  • AI output that may be similar to material generated elsewhere.

Two customers may independently request similar subjects or ideas, but we will not intentionally reproduce and resell your finished custom design as another customer's design.

15. Privacy and Public Display of Custom Work

Custom work is private by default.

MadeByBrush may ask for your permission to feature finished custom artwork on:

  • Our Site;

  • Social media;

  • Advertising;

  • Portfolio materials;

  • Artist showcases; or

  • Other promotional channels.

Permission to display a finished artwork does not automatically give us permission to publicly display your original private photographs or other reference material.

Our use of Customer Content for public display is governed by the consent process described in our Privacy Policy.

16. Artist Editions and Non-Custom Artwork

All artwork, graphics, designs, illustrations, photography, logos, text, visual assets, Artist Editions, collaborations, product designs, and other creative materials appearing on MadeByBrush remain protected by applicable intellectual property laws.

Purchasing an Artist Edition or other non-customized product gives you ownership of the physical product only.

Unless expressly stated otherwise, it does not give you the right to:

  • Copy the artwork;

  • Scan the artwork;

  • Reproduce it;

  • Manufacture products using it;

  • Create derivative merchandise;

  • Use it commercially;

  • License it;

  • Resell digital reproductions; or

  • Claim ownership of the underlying design.

Rights in collaborative artwork may be owned by MadeByBrush, the collaborating artist, or both, depending on the applicable agreement.

17. MadeByBrush Artists

“MadeByBrush Artist” may refer to an employee, independent artist, contractor, or other creative professional working through MadeByBrush.

Your purchase agreement is with MadeByBrush, not with the individual artist.

An artist signature, artist attribution, production photograph, authenticity card, or similar material does not create a separate contractual relationship between you and the artist.

MadeByBrush remains responsible for administering your order and customer service.

ORDERS AND PURCHASES

18. Product Information

We make reasonable efforts to present product descriptions, measurements, photographs, colors, availability, and other information accurately.

However, we do not guarantee that every display, description, photograph, or color representation will be completely error-free.

Screen settings, photography, handmade characteristics, manufacturing variations, and other factors may affect how a product appears.

We may correct errors or update product information at any time.

19. Prices

Prices are shown in the currency displayed on the Site and may change without notice.

A price change will not ordinarily affect an order already accepted and paid unless there is an obvious pricing or technical error.

Taxes, shipping charges, and other applicable fees may be added at checkout where required.

20. Orders We May Refuse or Cancel

MadeByBrush reserves the right to refuse, limit, or cancel an order where reasonably necessary, including because of:

  • Suspected fraud;

  • Payment problems;

  • Pricing errors;

  • Product or material shortages;

  • Technical errors;

  • Unlawful customization requests;

  • Intellectual property concerns;

  • Safety concerns;

  • Suspected unauthorized resale;

  • Unreasonable purchasing quantities; or

  • Our inability to complete the requested product.

If we cancel an order after payment for reasons not caused by customer misconduct and no product is provided, we will refund the applicable amount paid.

We may limit quantities purchased by one person, household, account, payment method, or shipping address.

21. Payments

Payments may be processed using Shopify Payments, PayPal, credit or debit cards, or other payment methods made available at checkout.

You represent that:

  • Payment information you provide is accurate;

  • You are authorized to use the payment method;

  • You authorize the applicable charges; and

  • You will pay all amounts properly incurred through your order.

Payment services may be governed by additional terms from the applicable payment provider.

22. Customized Orders and Cancellations

Customized products may enter production shortly after your order is placed.

You may request cancellation before production begins.

Once customization, preparation, printing, painting, or other production has begun, the customized order generally cannot be cancelled.

A cancellation request does not guarantee cancellation.

For complete rules, please review our Returns & Refunds Policy.

23. Returns and Refunds

Our return rights differ between customized and non-customized products.

In general:

  • Customized products are final sale except for qualifying MadeByBrush errors, defects, damage, or other circumstances described in our Returns & Refunds Policy.

  • Eligible non-customized products may generally be returned within the applicable return period.

  • Customer-selected sizing errors on customized products do not qualify for free replacement or refund.

The complete Returns & Refunds Policy forms part of these Terms.

If there is a conflict concerning returns or refunds, the more specific Returns & Refunds Policy will govern that issue to the extent permitted by law.

24. Shipping and Delivery

Delivery dates and production estimates are estimates unless expressly guaranteed.

Delays may occur because of:

  • Artistic production time;

  • Order volume;

  • Carrier delays;

  • Weather;

  • Address issues;

  • Holidays;

  • Supply interruptions;

  • Customs or regulatory issues where applicable; or

  • Events outside our reasonable control.

Please provide complete and accurate shipping information.

MadeByBrush is not responsible for delays caused by incorrect information provided by the customer, although we will reasonably try to assist where possible.

WEBSITE AND SERVICE USE

25. Prohibited Uses

You may not use the Site or Services to:

  • Violate applicable laws;

  • Infringe intellectual property rights;

  • Violate another person's privacy;

  • Upload malware or malicious code;

  • Attempt unauthorized access to systems or accounts;

  • Scrape or systematically extract Site content without permission;

  • Circumvent security measures;

  • Interfere with operation of the Site;

  • Commit fraud;

  • Submit false claims or chargeback abuse;

  • Harass artists, staff, customers, or other individuals;

  • Misrepresent yourself as MadeByBrush;

  • Copy MadeByBrush artwork for unauthorized commercial purposes; or

  • Use the Services in a manner that reasonably threatens the safety, security, or integrity of MadeByBrush or others.

We may suspend access or cancel Services when these restrictions are violated.

26. Website Intellectual Property

The Site and its contents—including trademarks, logos, brand names, photographs, graphics, artwork, text, product photography, layouts, videos, and other materials—are owned by or licensed to MadeByBrush unless otherwise stated.

You may access the Site for personal, non-commercial shopping and informational purposes.

No Site content may be commercially reproduced, copied, distributed, republished, scraped, modified, or exploited without appropriate authorization.

“MadeByBrush” and associated branding may not be used in a way that falsely suggests sponsorship, endorsement, or affiliation.

27. Reviews, Feedback, and Voluntary Submissions

If you voluntarily submit a review, testimonial, feedback, suggestion, or other non-private communication for publication, you grant MadeByBrush a non-exclusive, worldwide, royalty-free right to use, reproduce, adapt, and display that material in connection with our business and marketing, subject to applicable law.

This section does not override the special privacy protections applicable to private Customer Content submitted for customized artwork.

We are not required to use feedback you provide or compensate you for suggestions unless we expressly agree otherwise.

28. Third-Party Services and Links

Our Services may contain or rely on third-party tools and services, including ecommerce, payment, AI, analytics, advertising, or social media technologies.

Those providers may have separate terms and privacy policies governing your interactions with their services.

MadeByBrush does not control independent third-party websites linked from our Site and is not responsible for their content, security, availability, or practices.

Use third-party services at your own discretion.

29. Service Changes and Availability

We may modify, suspend, replace, or discontinue a product, feature, creative tool, or portion of the Services.

We do not guarantee uninterrupted availability of:

  • The Site;

  • Customer accounts;

  • AI tools;

  • Individual artists;

  • Specific products;

  • Product sizes;

  • Artist Editions; or

  • Other features.

Where changes materially affect an already accepted paid order, we will reasonably work with you to complete, modify, cancel, or refund the affected portion as appropriate.

LEGAL TERMS

30. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Site and general online Services are provided on an “as available” basis.

We do not guarantee that:

  • The Site will always be uninterrupted;

  • Every technical error will be corrected immediately;

  • AI-generated material will be accurate or unique;

  • Every product shown online will remain available; or

  • Website content will always be free from minor inaccuracies.

This section does not eliminate any express product commitment we make to you or any consumer warranty or right that cannot lawfully be excluded.

31. Limitation of Liability

To the maximum extent permitted by applicable law, MadeByBrush will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the Services or purchase of a product.

Where liability relating to a particular order can lawfully be limited, MadeByBrush's aggregate liability arising from that order will not exceed the amount actually paid to MadeByBrush for that order.

These limitations do not apply where prohibited by law and do not exclude rights or remedies that cannot legally be waived or limited.

32. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold MadeByBrush and its personnel harmless from third-party claims, losses, liabilities, damages, and reasonable costs arising from:

  • Customer Content you submit;

  • Your infringement of another person's intellectual property, privacy, publicity, or other rights;

  • Your unlawful use of the Services;

  • Your material breach of these Terms; or

  • Fraudulent or intentionally wrongful conduct by you.

This provision does not require you to indemnify MadeByBrush for losses caused solely by MadeByBrush's own wrongful conduct where such indemnification is prohibited by law.

33. Force Majeure

MadeByBrush will not be responsible for failure or delay caused by events outside our reasonable control, including natural disasters, severe weather, fire, war, civil unrest, epidemics, governmental actions, labor disruptions, internet outages, carrier disruptions, power failures, supplier failures, or similar events.

We will make reasonable efforts to resume affected Services when practicable.

34. Termination

You may stop using our Services at any time.

We may restrict, suspend, or terminate access to the Services if you materially violate these Terms, engage in fraud or abuse, threaten security, or use the Services unlawfully.

Termination does not eliminate obligations that arose before termination, including:

  • Amounts owed;

  • Intellectual property obligations;

  • Rights relating to completed orders;

  • Indemnification obligations; and

  • Other provisions intended by their nature to survive termination.

35. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law.

The affected provision will be interpreted or limited as necessary to make it enforceable where legally possible.

36. No Waiver

If MadeByBrush does not immediately enforce a provision of these Terms, that does not waive our right to enforce it later.

A waiver is effective only where clearly made by an authorized representative.

37. Assignment

You may not transfer your rights or obligations under these Terms to another party without our consent where consent may legally be required.

MadeByBrush may transfer these Terms in connection with a reorganization, financing, merger, acquisition, sale of business assets, or change of operating entity, subject to applicable law.

38. Entire Agreement

These Terms, together with our Privacy Policy, Returns & Refunds Policy, and any other policies expressly incorporated into them, form the agreement governing your use of the applicable MadeByBrush Services.

If a product page contains specific written terms that apply only to that product, those specific terms may supplement these Terms.

39. Applicable Law and Disputes

MadeByBrush has not yet designated a specific U.S. state as its contractual governing-law jurisdiction.

Until a governing jurisdiction is formally designated, these Terms are subject to applicable law, including applicable mandatory consumer-protection laws.

Any dispute that cannot be resolved directly between you and MadeByBrush may be brought before a court or other forum having lawful jurisdiction over the dispute.

Nothing in these Terms is intended to deprive a consumer of rights that cannot legally be waived.

This section may be updated when MadeByBrush establishes its formal operating entity and principal contractual jurisdiction.

40. Changes to These Terms

We may update these Terms from time to time to reflect changes to:

  • Our Services;

  • Business practices;

  • Technology;

  • Products;

  • Policies; or

  • Applicable legal requirements.

The current version will be posted on the Site with an updated “Last Updated” date.

Where required by law, we will provide additional notice of material changes.

Continued use of the Services after updated Terms take effect constitutes acceptance to the extent permitted by applicable law.

41. Electronic Communications

When you use our Site, place an order, or contact us electronically, you consent to receiving transactional communications from us electronically, including:

  • Order confirmations;

  • Account notices;

  • Customer-service communications;

  • Shipping information;

  • Policy notices; and

  • Other communications related to your use of the Services.

Marketing communications are governed separately by applicable consent requirements and our Privacy Policy.

42. Contact Information

Questions about these Terms of Service may be sent to:

MadeByBrush
Website: madebybrush.com
Email: support@madebybrush.com

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