Terms of Service

Overview & Acceptance

Painted Mares (“we,” “us,” “our”) provides AI-generated equestrian portrait artwork and print-on-demand fulfillment at paintedmares.com. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree, do not use the service.

Eligibility

You must be at least 18 years old (or the age of majority where you live) to use the service and to upload photographs. By using the service you represent that you meet this requirement. The service is not directed to children, and we do not knowingly allow accounts or uploads from anyone under 18.

Your Content & the Rights You Grant

You retain ownership of the photographs you upload. By uploading a photo, you grant us a limited, non-exclusive, worldwide license to store and process it through our systems for the sole purpose of generating and delivering your portrait and fulfilling your order. We do not use your photographs to train AI models, and we do not sell or share them.

You represent and warrant that: (a) you own the photo or have all rights and permissions necessary to upload it; (b) every identifiable person shown in the photo has consented to its upload and to the creation of artwork from it; and (c) for any minor shown in the photo, you are the parent or legal guardian, or you have that person’s consent. You must not upload images of other people without their permission.

Generated Artwork

Portraits generated by our service are licensed to you for personal use upon purchase. You may display, print, share, and gift your purchased portraits freely. You may not use purchased portraits for commercial purposes, including resale, merchandise, advertising, or commercial licensing. Unpurchased preview images (watermarked) are for evaluation only and may not be reproduced, downloaded, or distributed.

AI-Generated Art & Artistic Styles

Our portraits are generated by artificial intelligence from your photograph. Outputs are interpretive artworks, not photographs, and may vary in likeness and detail; AI-generated images can contain imperfections. Because of how copyright law treats AI-generated works, such images may not be eligible for copyright protection.

Style names describe the artistic movement, era, or aesthetic a portrait evokes. Any reference to a named artist, school, museum, or period is descriptive only. Painted Mares is independent and is not affiliated with, sponsored by, or endorsed by any artist, artist’s estate or foundation, gallery, or museum.

Orders and Payment

• All prices are in US dollars and include the product as described.
• Shipping costs are calculated at checkout and vary by destination and product type.
• Payment is processed securely through Stripe at the time of checkout.
• Digital downloads are delivered immediately via email after payment.
• Physical products are produced and shipped by our fulfillment partners (Prodigi, Printful) within their standard production timelines.

Refunds and Returns

Because each portrait is custom-generated from your photo and made to order:

• Digital products are non-refundable once delivered, as they cannot be returned.
• Physical products may be returned if they arrive damaged or defective. Contact us within 14 days of delivery with photos of the issue and we will arrange a replacement or refund.
• Because our products are personalized and made to order, EU and UK consumers acknowledge that the statutory 14-day right of withdrawal does not apply to them once production has begun, except where a product arrives damaged or defective.
• If you are unsatisfied with the art style or quality of your generated portrait, please contact us. We are committed to making it right and will work with you on a case-by-case basis.

Acceptable Use

You agree not to:

• Upload images you do not have the rights to, or images of people who have not consented;
• Upload images containing illegal, harmful, hateful, or explicit content;
• Attempt to circumvent watermarks, download protections, or generation limits;
• Use automated tools to mass-generate portraits without purchasing;
• Resell our service or represent generated artwork as human-made for deceptive purposes.

Indemnification

You agree to indemnify, defend, and hold harmless Painted Mares and its operators from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of the photographs or content you upload, your violation of these Terms, or your infringement of any third party’s intellectual-property, privacy, or publicity rights.

Disclaimer of Warranties

The service and all artwork are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that any portrait will meet a particular expectation of likeness or quality.

Limitation of Liability

To the maximum extent permitted by law, Painted Mares will not be liable for any indirect, incidental, special, or consequential damages. Our total liability for any claim arising from the service is limited to the amount you paid for the affected order. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Copyright & DMCA

We respect intellectual-property rights. If you believe content on our service infringes your copyright, send a notice to our designated agent at hello@paintedmares.com including: identification of the work, the allegedly infringing material and its location, your contact information, a good-faith statement, and a statement under penalty of perjury that you are authorized to act. We will respond to valid notices and may remove material and terminate repeat infringers.

Governing Law & Disputes

These Terms are governed by the laws of the State of Oregon, USA, without regard to conflict-of-laws rules. You agree to first try to resolve any dispute informally by contacting us. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Oregon, and you consent to their jurisdiction, except that either party may bring a qualifying claim in small-claims court.

Changes to These Terms

We may update these terms from time to time. Continued use of our service after changes constitutes acceptance of the updated terms. Material changes will be communicated via email to registered users and posted here with an updated date.

General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the service. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor or affiliate. We are not liable for delays or failures caused by events beyond our reasonable control.

Contact

Questions about these terms? Email us at hello@paintedmares.com, or write to Painted Mares, 1327 SE Tacoma St #394, Portland, OR 97202. For privacy questions, contact privacy@paintedmares.com.