Welcome to Art is Noir!

By using our website, services, or purchasing any of our products, you agree to these Terms of Service. If you have questions, feel free to reach out — we’re here to help.

1. Overview

This document serves as the terms of service (“Terms”) governing your use of Art is Noir’s website, product offerings, and commissioned services, including custom art creation and curation services and AI Image Generation tools.

These Terms outline the conditions under which you may access our content and services. By visiting our site or making a purchase, you agree to comply with these Terms.

2. Use of Our Website and Services

Art is Noir provides a platform for purchasing curated artwork and custom art products. Our products and services are intended solely for personal use unless a commercial arrangement is specified and mutually agreed upon. The data you provide will be used in accordance with our Privacy Policy, and we commit to respecting your privacy.

3. Intellectual Property and Licensing

All artwork, content, and tools available on Art is Noir are the property of Art is Noir or are properly licensed to us. Purchasing a piece of artwork or a commissioned work does not grant you ownership of the underlying copyright or intellectual property unless otherwise specified in writing. Usage rights may vary based on the type of service selected (standard purchase, commission, or AI-generated product), and clients will be informed of any specific usage rights at the time of purchase.

4. Commission and Curation Services

4.1 Custom Art Commissions

If you request a custom commission, Art is Noir will provide a proposal based on your vision and requirements. Once you approve the proposal, you agree to our estimated timelines and terms for the commission, including any costs and details of the final work.

• Payment and Cancellation: Custom commissions require a 75% deposit to initiate the project, and the balance will be due upon approval of the final product. Once work has started, deposits are non-refundable. If you cancel prior to project completion, Art is Noir retains the right to retain the deposit to cover work performed to date.
• Client Collaboration: We may request reference images or specific information to refine our understanding of your vision. We value collaboration and will provide updates to ensure your satisfaction with the project’s progress.
• Final Delivery and Ownership: Art is Noir will provide you with the final artwork upon project completion and final payment. While you own the physical or digital piece delivered, Art is Noir retains all rights to the artwork unless specifically granted to you in writing.

4.2 Curation Services

Our curation services provide expert recommendations to enhance your space. By completing our questionnaires, you help us understand your style and requirements.

• Scope and Fees: Art is Noir will develop a curation proposal, including recommendations for artwork tailored to your vision and space. Curation fees are non-refundable, as they cover the time, expertise, and effort invested in designing your custom gallery concept.
• Approval Process: You will have the opportunity to review our selections and provide feedback. Final approval of the curated selection will signify your acceptance of our recommendations and associated costs.

5. AI Image Generation and Product Fulfillment

5.1 User-Generated Content and AI Tools

We offer an AI Image Generation tool that allows users to create custom images, which may be enhanced and scaled by our in-house digital artists for print or other product formats. By submitting prompts or inputs to our AI tools, you acknowledge and agree to the following terms:

• Use of Generated Content: Art is Noir will provide refined, high-quality versions of AI-generated images based on your inputs. While you will receive a final product for personal use, Art is Noir retains ownership of any proprietary elements in the generated work.
• Content Restrictions: Any prompt or input must comply with our guidelines. We reserve the right to refuse any content that violates laws, promotes hate, or is inappropriate (NSFW).

5.2 Product Fulfillment for AI-Generated Images

Upon finalizing the AI-generated image, Art is Noir will complete any digital enhancements necessary for high-fidelity printing. Our digital artists ensure quality, scalability, and visual refinement, allowing you to confidently display your custom work in a variety of formats.

• No Rights to Underlying Model or Algorithm: You understand and agree that you do not receive any ownership rights in the AI models or algorithms used to create your images, only the final print or digital artwork created.

6. Order and Payment Terms

• Payments and Processing: We accept major credit cards and other payment methods listed on our site. All payments must be received before production or shipment of your artwork or commission.
• Currency and Taxes: Prices are listed in US Dollars. Taxes and fees (if any) are applied at checkout.

7. Returns, Refunds, and Cancellations

At Art is Noir, we pride ourselves on offering premium quality prints and custom artwork to elevate any space. Each piece is made to order and produced by carefully selected print partners who meet our high standards for materials and craftsmanship. Because we work with top-tier print providers who start production as soon as an order is received, we ask that you review this policy carefully before placing an order.

Order Cancellations

• 24-Hour Cancellation Window: You may cancel your order within 24 hours of placing it for a full refund. After this 24-hour period, the production process begins, and cancellations are no longer accepted.
• How to Cancel: To cancel your order within the allowed time frame, please email support@artisnoir.com with your order number and “Cancellation Request” in the subject line. We will confirm your cancellation and issue a refund if eligible.

Returns and Refunds

Due to the custom nature of our products, all sales are final unless there is a verifiable defect or error in your order.

• Defective or Incorrect Items: If you receive a product that has a defect or does not match your order specifications, please contact us within 7 days of delivery with a detailed description of the issue and photos showing the defect or discrepancy. We will assess the issue and, if verified, provide a replacement or refund at our discretion.
• Non-Returnable Products: Because each piece is custom-made specifically for you, we cannot accept returns or exchanges based on preferences or changes of mind.

Additional Information

We encourage all customers to carefully review their order details, including product dimensions, materials, and customization options before placing an order. Our team is always available to assist you with any questions to ensure your complete satisfaction.

 

8. Limitation of Liability

While we are dedicated to quality, Art is Noir cannot be held liable for indirect or consequential damages arising from the use or purchase of our products or services. Our liability is limited to the amount paid for the artwork or service directly.

9. Modifications and Updates

Art is Noir reserves the right to modify or update these Terms of Service at any time. If significant changes are made, we will notify users via email or through our site. Continuing to use our services after any modification indicates your acceptance of the revised terms.

10. Contact Us

For questions or further clarification on these Terms, please reach out to us at support@artisnoir.com. We value your experience and are here to help.

Thank you for choosing Art is Noir! We look forward to curating a timeless and unique art experience with you.