Terms of Service

Last updated: January 2025

Welcome to TimelessBrush. These Terms of Service (“Terms”) govern your use of our website, mobile applications, and services. By accessing or using TimelessBrush, you agree to be bound by these Terms and our Privacy Policy.

Acceptance of Terms

By accessing or using our services, creating an account, or making a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.

These Terms apply to all visitors, users, customers, and others who access or use our services. You must be at least 18 years old to use our services or have parental consent.

Our Services

TimelessBrush provides:

• Online marketplace for handpainted artworks and custom paintings
• Art consultation and recommendation services
• Custom artwork commissioning platform
• Educational content about art care and collecting
• Community features for art enthusiasts

User Accounts and Registration

Account Creation

• You must provide accurate, current, and complete information
• You are responsible for maintaining the confidentiality of your account credentials
• You must notify us immediately of any unauthorized use of your account
• One person or entity may maintain only one account

Account Responsibilities

• You are responsible for all activities that occur under your account
• Keep your contact information current for order updates and communications
• Use strong passwords and enable two-factor authentication when available
• Do not share your account with others or allow unauthorized access

Acceptable Use Policy

Permitted Uses

You may use our services to:

• Browse and purchase handpainted artworks for personal or commercial use
• Commission custom artwork for legitimate purposes
• Share reviews and feedback about purchased artworks
• Participate in our community features and educational content

Prohibited Activities

You agree not to:

• Use our services for any unlawful purpose or in violation of these Terms
• Reproduce, modify, or distribute copyrighted artwork without permission
• Upload malicious code, viruses, or disruptive content
• Attempt to gain unauthorized access to our systems or other users’ accounts
• Use automated systems (bots, scrapers) without written permission
• Submit false or misleading information in reviews or communications
• Resell purchased items as original TimelessBrush artworks without disclosure
• Harass, abuse, or threaten other users or our staff

Purchasing and Payment Terms

Orders and Pricing

• All prices are in USD and subject to change without notice
• Orders are subject to acceptance and availability
• We reserve the right to refuse or cancel orders for any reason
• Custom orders require a 50% deposit before work begins

Payment Processing

• Payment is due at the time of order placement
• We accept major credit cards, PayPal, and bank transfers
• All transactions are processed securely through certified payment providers
• You authorize us to charge the provided payment method for all applicable fees

Taxes and Additional Fees

• Sales tax will be added where required by law
• Shipping and handling fees are calculated at checkout
• International orders may be subject to customs duties and import taxes
• You are responsible for any additional fees imposed by your bank or payment provider

Shipping and Delivery

• We ship worldwide with specialized art packaging
• Delivery times are estimates and may vary due to location and customs processing
• Risk of loss transfers to you upon delivery to the shipping carrier
• You must inspect items upon delivery and report damage within 48 hours
• Shipping addresses cannot be changed once orders are processed

Returns and Refunds

Return Eligibility

• Standard artworks may be returned within 30 days of delivery
• Items must be in original condition with all packaging
• Custom and commissioned artworks are not eligible for return
• Digital products and gift cards are non-refundable

Refund Process

• Refunds will be processed to the original payment method
• Return shipping costs are the responsibility of the customer unless item is defective
• Processing time for refunds is 5-10 business days after we receive the returned item
• Original shipping charges are non-refundable unless item was damaged or defective

Intellectual Property Rights

Our Rights

• All content on our website is protected by copyright, trademark, and other intellectual property laws
• TimelessBrush name, logo, and branding are our registered trademarks
• Website design, software, and functionality are our proprietary property
• Product descriptions, photographs, and marketing materials are our copyrighted content

Your Rights

• When you purchase an artwork, you receive ownership of the physical piece
• You may display, gift, or resell purchased artworks
• You do not receive reproduction rights unless explicitly stated
• Custom commissioned works grant you full ownership including reproduction rights

User-Generated Content

• By submitting reviews, photos, or other content, you grant us rights to use such content
• You retain ownership of your original content but license its use to us
• You represent that submitted content does not infringe on third-party rights
• We may remove any content that violates these Terms or our community guidelines

Disclaimers and Limitation of Liability

Service Disclaimers

• Services are provided “as is” without warranties of any kind
• We do not guarantee uninterrupted or error-free operation
• Color accuracy may vary due to monitor settings and lighting conditions
• Handpainted artworks may have natural variations and imperfections

Limitation of Liability

To the maximum extent permitted by law, TimelessBrush shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, arising from your use of our services. Our total liability to you for any claim shall not exceed the amount you paid for the specific product or service giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless TimelessBrush and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your use of our services, violation of these Terms, or infringement of any third-party rights.

Termination

Termination by You

• You may terminate your account at any time by contacting customer service
• Termination does not affect existing orders or obligations
• You remain liable for all charges incurred prior to termination

Termination by Us

• We may suspend or terminate accounts for violations of these Terms
• We may discontinue services with reasonable notice
• Termination does not relieve you of payment obligations for completed transactions

Dispute Resolution

Governing Law

These Terms are governed by the laws of New York State, without regard to conflict of law principles. Any disputes will be resolved in the courts of New York County, New York.

Arbitration

For disputes involving amounts less than $10,000, you agree to resolve disputes through binding arbitration rather than in court. This does not apply to claims for injunctive relief or intellectual property disputes.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes by email or through our website. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

Miscellaneous

• Severability: If any provision is deemed invalid, the remaining provisions remain in effect
• Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement
• No Waiver: Our failure to enforce any provision does not constitute a waiver
• Assignment: You may not assign your rights under these Terms without our consent