Terms of Service

1. Agreement to Terms

By accessing or using the Belula Art website (belula.art) and services (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Service.

These Terms constitute a legally binding agreement between you and Belula Art ("we," "us," or "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service after any such modifications constitutes your acceptance of the modified Terms.

2. Description of Service

Belula Art provides an online platform for purchasing high-quality art prints, including:

• Gallery artwork prints in various sizes, styles (paper, canvas, framed), and formats
• Custom artwork creation using AI-powered tools to transform your photos into watercolor-style art
• Print products including premium paper prints, canvas prints, and framed artwork
• Shipping and delivery services for physical products

3. User Accounts and Registration

3.1 Account Creation

To use certain features of our Service, you must create an account. You may register by providing accurate and complete information or by using Google Sign-In. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Account Responsibilities

You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Be at least 18 years old or have parental consent to use the Service

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, or abuse of the Service.

4. Orders and Payment

4.1 Order Process

When you place an order, you are making an offer to purchase products at the prices listed. We reserve the right to accept or reject any order for any reason, including product availability, pricing errors, or suspected fraud.

4.2 Pricing

All prices are displayed in US Dollars (USD) and are subject to change without notice. Prices include applicable taxes where required by law. Shipping costs are calculated at checkout and are separate from product prices.

4.3 Payment

Payment is processed securely through Stripe. We accept major credit cards and other payment methods as displayed at checkout. By providing payment information, you represent and warrant that you are authorized to use the payment method provided.

You agree to pay all charges incurred in connection with your use of the Service, including applicable taxes and shipping fees. All sales are final unless otherwise stated in our Refund Policy.

4.4 Order Confirmation

After placing an order, you will receive an order confirmation email. This confirmation does not constitute acceptance of your order. We reserve the right to cancel any order before shipment for any reason, including product unavailability or pricing errors.

5. Custom Artwork and User Content

5.1 User-Uploaded Content

When you upload images or other content to create custom artwork, you represent and warrant that:

• You own or have the legal right to use and license the content
• The content does not infringe on any third-party rights (copyright, trademark, privacy, etc.)
• The content is not illegal, obscene, defamatory, or otherwise objectionable
• You grant us a license to use, process, and store the content to provide the Service

5.2 AI-Generated Artwork

Custom artwork is generated using AI-powered tools (Google Gemini API). The resulting artwork is created based on your uploaded images and style preferences. You understand that:

• The AI-generated artwork is unique to your order
• We do not claim ownership of the AI-generated artwork; you receive a license to use the artwork for personal purposes
• The quality and appearance of AI-generated artwork may vary
• We are not responsible for any dissatisfaction with AI-generated results

5.3 Prohibited Content

You may not upload content that:

• Violates any laws or regulations
• Infringes on intellectual property rights
• Contains hate speech, harassment, or discriminatory content
• Is pornographic, sexually explicit, or inappropriate
• Contains personal information of others without consent

We reserve the right to refuse service, remove content, or cancel orders that violate these restrictions.

6. Shipping and Delivery

6.1 Shipping

We ship products to addresses within the United States. Shipping costs and estimated delivery times are calculated at checkout. We are not responsible for delays caused by shipping carriers, customs, or other factors beyond our control.

6.2 Delivery

You are responsible for providing accurate shipping information. We are not liable for orders shipped to incorrect addresses provided by you. Risk of loss and title to products pass to you upon delivery to the shipping carrier.

6.3 International Shipping

Currently, we only ship within the United States. International shipping may be available in the future, subject to additional terms and fees.

7. Returns and Refunds

7.1 Return Policy

Due to the custom nature of our products, all sales are final unless the product is defective or damaged upon delivery. Custom artwork created from your uploaded images cannot be returned or refunded.

7.2 Defective or Damaged Products

If you receive a defective or damaged product, please contact us within 7 days of delivery. We will review your claim and, if valid, provide a replacement or refund at our discretion.

7.3 Refund Process

Approved refunds will be processed to the original payment method within 10-14 business days. Shipping costs are non-refundable unless the return is due to our error.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including all content, features, functionality, designs, logos, trademarks, and software, is owned by Belula Art or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws.

8.2 Gallery Artwork

Gallery artwork available for purchase is protected by copyright. When you purchase a print, you receive a license to display the artwork for personal, non-commercial use. You may not reproduce, distribute, or create derivative works from gallery artwork without our express written permission.

8.3 User Content License

By uploading content to our Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing the Service, including creating and fulfilling your orders.

9. Prohibited Uses

You agree not to use the Service:

• For any unlawful purpose or to solicit others to perform unlawful acts
• To violate any international, federal, provincial, or state regulations, rules, or laws
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others
• To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
• To submit false or misleading information
• To upload or transmit viruses or any other type of malicious code
• To collect or track the personal information of others
• To spam, phish, pharm, pretext, spider, crawl, or scrape
• For any obscene or immoral purpose
• To interfere with or circumvent the security features of the Service

10. Disclaimers and Limitations of Liability

10.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10.2 Product Disclaimer

We strive to accurately represent our products, but we do not warrant that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. Colors and appearances may vary due to display settings, printing processes, or other factors.

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BELULA ART SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or data
• Any interruption or cessation of transmission to or from the Service
• Any bugs, viruses, or other harmful code transmitted through the Service
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM, OR $100, WHICHEVER IS GREATER.

10.4 Indemnification

You agree to defend, indemnify, and hold harmless Belula Art and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your use of the Service, violation of these Terms, or infringement of any rights of another.

11. Dispute Resolution

11.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the state in which Belula Art operates, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law. You waive your right to a jury trial and to participate in a class action lawsuit.

11.3 Small Claims Court

Notwithstanding the foregoing, either party may bring a claim in small claims court if the claim qualifies and remains in that court.

12. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms which is due to fire, earthquake, flood, act of God, act of war, terrorism, epidemic, pandemic, labor dispute, civil commotion, breakdown of communication facilities, breakdown of web host, breakdown of internet service provider, or other causes beyond our reasonable control.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Belula Art regarding the use of the Service and supersede all prior agreements and understandings.

15. Contact Information

If you have any questions about these Terms of Service, please contact us: