Suited Canvas Terms of Use

Last Modified/Updated: April 4, 2024

Thank you for your interest in Suited Canvas! These “Terms of Use” govern your use and interactions with our Website, and you will be required to agree to them before using our Services.  Accordingly, Suited Canvas LLC (which is a Washington state limited liability company referred to in these Terms of Use as “we” or “us” or “Suited Canvas”) and you are entering into a binding, legal contract.  So please take a moment to understand your obligations (and rights!) provided under these Terms of Use.

When we refer to the “Website” that means, collectively, the Suite Canvas domains and subdomains at suitedcanvas.com.

When we use the term “Services,” that term means any functionality from our Website.  This includes requesting or modifying custom art created using digital tools or artificial intelligence (“AI”); AI-assisted human art creation; the purchasing process; production services such as printing, framing, and shipping art; as well as any associated or supplementary services or products.  Additionally, our Services include the Suited Canvas Art Store (“Art Store”) which exists as a marketplace where customers can purchase Suited Canvas’ own original art.

1) Summary of Important Terms

These Terms of Use, and any other policies we explicitly reference, the most important of which is our Privacy Policy, make up the entire agreement between you and Suited Canvas. Among other terms, please note that: 

Suited Canvas may share your information with other third-party platforms when you create an account using your existing social media or online payment system accounts. For more information see Section 2. 

Our Services are offered and available only to users who are of legal age to consent and be bound by contract in their jurisdiction. Our Services are not meant for minors. For more information see Section 12. 

Suited Canvas is simply an online store front and custom art service, and so at Section 15 you agree that our liability is limited, and you release us from, and waive your right to recover, certain damages. 

Section 19 explains that you agree to arbitrate any claims you have instead of going to court and that you will not bring class-action claims against us.  That section also explains how to opt-out of those terms.  

2) Accounts 


To create an account, you will be asked to provide certain registration details or other information. It is a condition of your use that all the information you provide us is true, correct, current, and complete. Further, if you create an account through an existing social media account, email extension, online payments system, or other third-party account (such as Facebook, a Google account, or other email provider), you certify that you have lawful access to use that third-party account to create a Suited Canvas Account. Any information you provide us will be handled in accordance with our Privacy Policy.  

When you are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose that information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

3) License to Use Services and Prohibited Uses

Subject to these Terms of Use, Suited Canvas grants you a limited, worldwide, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services and access our Website as provided hereunder.  The foregoing license is narrow and does not include any resale or commercial exploitation of our Services or any derivate use of the Services, Website, or Suite Canvas Content. Additionally, you may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or Services:

  • In any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use, including their ability to engage in real time activities through the Website or Services.

  • Use any robot, spider or other automatic device, process or means to access the Website or Services for any purpose, including monitoring or copying any of the material on the Website.

  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine, or take any other action, that interferes with the proper working of the Website or Services.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website or Services, the server on which the Website or Services are stored, or any server, computer or database connected to the Website. 

  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

4) Custom Art and User Content

Suited Canvas can create custom digital art for you. To provide this service, you may upload content to better give us a sense of what you would like created.  This content, your “User Content,” will be stored and used by us to create your custom digital art. Accordingly, by uploading User Content, you grant us, and others, certain rights to interact and use the User Content.  You grant Suited Canvas a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use User Content—including uses to reproduce, distribute, prepare derivative works, display, and make use of all performing rights—but only in connection with delivering the Services to you. We will not use your User Content in any other way, and we will always follow our Privacy Policy in this regard.  

  

When you upload User Content, you must not include third-party property (such as copyrighted material or trademarks) unless you have permission from that party or are otherwise legally entitled to use that property.  You are legally responsible for your User Content you submit and send through the Service. 

To assist in the creation of truly custom digital art for you, we may utilize an AI Chatbot supported by a third-party to guide the artistic process to your tastes, space, and interests. These innovative tools are designed to streamline the process, enhance efficiency, and provide valuable insights during the initial creative phase. The AI Chatbot is programmed to complement our expertise and facilitate a collaborative approach to meeting your needs effectively. Any data obtained from our AI Chatbot is also considered User Content.

We do not intend to store your User Content.  Nevertheless, we reserve the right to store your User Content indefinitely to monitor returns, complaints, and misuse of our Services.  We also reserve the right to delete User Content immediately and without notice if the User Content you upload is obscene, abusive, clearly a misappropriation of third-party intellectual property rights, or otherwise illegal or unlawful in our sole discretion.  

5) License for Purchased Art and Copying Prosecution

Whether purchasing custom art or art directly from our Art Store, we provide you with the limited right to use and display the art you purchase; however, we maintain ownership in all art so that we can advertise, market, or showcase past art, and so that we can monitor misuse of art.  Accordingly, when you purchase any art, you are purchasing a limited license from us to use the art for personal, and not commercial or resale purposes. Legally speaking, when you purchase art from us, we provide you with a limited, perpetual, revocable, nontransferable, worldwide, license to use the art for personal use (and not commercial or resale purposes). We will only revoke this license after purchase if we determine that you are using the purchased art for commercial purposes or are creating direct derivative works from the art for resale or other commercial purposes.  

While exiting art in the Art Store may be purchased by any customer, when you purchase custom art from Suited Canvas, we will never resell that exact piece to anyone else without your consent.  However, due to the nature of our Services, and AI tools in general, we cannot guarantee that the art you purchase will not closely resemble outputs for other customers of Suited Canvas. Furthermore, due to the nature of electronic art and ease of copying, we cannot guarantee that others will not copy and use art you have purchased. Our current strategy includes attempts at policing such copying; however, we make no promises that we will actively pursue copying violators, institute any policing program to find or prosecute copying violators, seek damages on your—or our—behalf for copying, or take any action against anyone at all even if we are advised of violations.  In addition, if we decide to take any action against copying violators, we reserve the right to manage the entire prosecution, including whether to involve you as a purchaser of a specific art that has been unlawfully copied.  Finally, just because we pursue certain violators at any time does not require us to continue to pursue a violator or require us to pursue other violators.  

6) Payment

All payments are made through a third-party payment service provider.  That third-party provider’s terms of service will govern and supersede this Terms of Use in the case of a conflict. 

All prices are listed prior to purchase and will be honored as listed.  Suited Canvas reserves the right to change prices at any time for any Service.  

7) Refund Policy 

Please read our refunds policy below:

a. Deposit:

   If you decide not to purchase the art we create for you, we will fully refund your deposit amount. Please email us at art@suitedcanvas.com to request a refund of your deposit. Please include the order number associated with your deposit in your email.

b. Damaged or Defective Products or error in fulfillment:

   If your art arrives damaged or defective or we have made an error in fulfilling your order (such as creating the wrong artwork or frame), please contact us within 30 days of receiving your order. We will assess the issue and either (a) provide you with a prepaid return shipping label, (b) reimburse your cost of return shipping, or (c) direct you to discard the damaged or defective product. Once the return is complete, we will ship you a replacement immediately at no cost to you.

c. Change of Mind:

   If you want to return the item for any reason other than our error, please contact us within 30 days of receiving your order. To be eligible for a refund, you must return your item in the same condition that you received it and be responsible for return shipping and its costs. Once we have received and thoroughly inspected the item, we will issue a refund to you, excluding the deposit amount paid for custom art.  

To start the refunds, returns, or replacement process, please email us at art@suitedcanvas.com and provide the following information:

  • Order number

  • Description of the problem

  • Photograph clearly identifying the problem. 

Refunds are limited to amounts actually paid by you. This does not include the promotional value of any special offer or discount.

We reserve the right to refuse a refund or replacement if the issue falls outside the scope of our refund policy, such as customer-caused damage or incorrect information provided during the ordering process.

8) Service Use Data

Certain use of the Services, such as telemetry data, product usage, diagnostic data, and similar data generated by your use of the Services we call “Service Use Data.” Suited Canvas owns all right, title, and interest in and to the Service Use Data.  

9) User Feedback 

Especially during alpha or beta testing of our Services, feedback is incredibly important for us to deliver the best Service possible.  We appreciate any feedback you have!  Please note, however, that by sending us any comments, suggestions, questions, or the like regarding our Services or Website, including any ideas, know-how, concepts, recommendations, enhancements, or other strategies that could in any way relate to our Services or Website, like new or improved features or functionality (collectively referred to as “Feedback”), it becomes Suited Canvas property. You acknowledge that we can choose to use your Feedback for any purposes whatsoever, without further compensation, attribution or reimbursement, or not use your Feedback at all.   

10) Suited Canvas Content, Trademarks, and Reservation of Rights 

Suited Canvas’s name, logo, related names and logos, trade dress, trademarks, service marks, products, Services, Website, designs, insignia, symbols, slogans, and the like (whether registered or unregistered), are trademarks of Suited Canvas (the “Suited Canvas Marks”). We provide no rights to use the Suited Canvas Marks without separate, and explicit, permission.  All other names, logos, designs, insignia, symbols, slogans, and the like that appear on our Website or Services are trademarks of their respective owners. 

Suited Canvas owns, has all right, title and interest in, and shall retain ownership over the “Suited Canvas Content” which means all Service Use Data, Feedback, the Suited Canvas Marks, and the Services and Website, and any underlying software or other technology and intellectual property embodied or contained in, used to provide or support, or otherwise associated or provided in connection with, the Services or Website. Suited Canvas reserves all rights not otherwise explicitly provided to you hereunder.

11) Digital Millennium Copyright Act (DMCA) and Requests to take Down Content

We respect the intellectual property rights of others. If you believe your copyright in a work has been violated on the Website or through use of the Services, please email us a notice with the following information:

  • Identify the copyrighted work or works that you claim has been infringed, or if multiple copyright works are covered by the notice you send, please provide a representative list of such works.

  • Identify the material or link you claim is infringing or the subject of an infringing activity, that is to be removed or disabled. Please provide the URL or the exact location of such infringing materials if on the Website, or a copy of the content that you claim is infringing. 

  • Provide your contact information (Your business name (if applicable), your name, address, e-mail address, and phone number).

  • Include the following statements in the body of the notice you e-mail to us:

“I hereby state that I have a good faith belief that use of material(s) in the manner complained of is not authorized by the copyright owner, agent, or the law (i.e., fair use). I hereby state that the information provided herein is true and accurate, and under the penalty of perjury, I am the owner or have been authorized to act on behalf on behalf of, the owner of the copyright, or the owner of any exclusive right that has been allegedly infringed.”

  • Provide your full legal name and your electronic or physical signature.


Deliver this notice with all ancillary documents to:

Copyright Agent

Apex Law Group PLLC 

Attn: Peter J. Smith

200 1st Ave W Ste 320

Seattle, WA, 98119-4291

United States

intellectualproperty@apexlg.org

12) Age Restrictions and Minor User Content

By registering an account and using our Services, you represent to us that you are of legal age to enter into an agreement (these Terms of Use) in your jurisdiction. If it comes to our attention that you are not of legal age, or are otherwise ineligible to use the Services, then we will immediately discontinue your use.  We do not knowingly collect personally identifiable information from anyone under the age of 16. If you are a parent or guardian, and you are aware that your minor has provided us with personal data, please contact us. If we become aware that we have collected personal data from a minor without verification of parental consent, we may take steps to remove that data from our servers. This may result in the termination of the relevant account.

13) Third-Party Links and Third-Party Functionality

The Website and our Services may provide, or third-parties may provide on our Website, links to other third-party websites or other online services and resources. We have no control over such sites. Accordingly, you agree that we are not responsible for the availability, accuracy of information, or anything else related to such external sites or resources (referred to as “Third-Party Materials”). Further, you acknowledge that such external sites usually have their own terms and conditions, including those surrounding your data and privacy, and those will govern your use of such Third-Party Materials.  

14) Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SUITED CANVAS NOR ANY PERSON ASSOCIATED WITH SUITED CANVAS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SUITED CANVAS NOR ANY PERSON ASSOCIATED WITH SUITED CANVAS REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

SUITED CANVAS HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15) Limitation on Liability

IN NO EVENT WILL SUITED CANVAS, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE OR SERVICES. THIS LIMITATION OF LIABILTY AND DAMAGES INCLUDES ANY AND ALL DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16) Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. 

17) Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify and hold Suited Canvas and its affiliates, officers, managers, members, employees, contractors, agents, licensors, successors, and assigns harmless from and against any and all third-party claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to: (i) your use of the Services or Website; (ii) your violation of these Terms of Use; (iii)  your violation of any applicable law or regulation; and (iv) a violation of any of the foregoing demonstrably not by you, but through the use of your account (collectively, the “Claims and Losses”). You agree to cooperate and work with Suited Canvas in the investigation and defense of Claims and Losses.  Further, you hereby authorize and grant Suited Canvas the right to negotiate, settle, pay, compromise, and otherwise assume full control for defense over any Claims and Losses. 

18) Governing Law and Territorial Issues

All matters relating to the Services, the Website, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Washington without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction).

Because Suited Canvas controls and operates the Website and Services from the United States, these Terms of Use and not intended to subject Suited Canvas to any laws or jurisdictions other than the United States. Suited Canvas does not represent or warrant that its Services is available or permissible in any particular jurisdiction. You warrant that your access and use of the Website and Services is permissible under all applicable local laws, rules, regulations, and restrictions. Suited Canvas may, at our sole discretion, limit availability of the Website or Service based on geography or jurisdiction.

19) Dispute Resolution; Waiver of Class Actions; and Opt-Out Procedures

All claims or disputes relating to these Terms of Use or our Services or Website, must be resolved through final and binding arbitration, except for certain injunctive relief (further explained below). Before filing any claim, however, Suited Canvas seeks to resolve all disputes informally.  We truly believe that reasonable people can find resolution quickly and efficiently, and so before a formal arbitration proceeding, you must first contact Suited Canvas explaining your claim. If the dispute is not informally resolved within 30 days of your notice, then a formal arbitration proceeding may be brought under this section.  

The American Arbitration Association (“AAA”) will administer arbitration under the AAA’s set of rules selected by the arbitrator.  The arbitration will be in English, and will be held in Seattle, Washington. Instead of appearing in person, you and Suited Canvas may appear via conference call or webcam, or any other means where all the participants can hear and respond to one another in real-time.  

As an exception to formal arbitration, a lawsuit may be filed in the state or federal courts in King County, Washington, for immediate injunctive relief to stop or prevent further abuse or infringement of intellectual property rights (trademarks, copyrights, patent, trade secrets, domain name rights, or the like).  

NO CLASS ACTIONS OR REPRESENTATIVE LAWSUITS.  You and Suited Canvas agree that any disputes arising out of these Terms of Use or the Website or Services shall be submitted individually, and shall not be subject to any class action or representative status. Accordingly, both Suited Canvas and you waive your right to join claims with others or participate as a member of a class of claims submitted to arbitration.  The foregoing class action waiver is essential and material to these Terms of Use, especially with the consent to submit to binding arbitration. If any portion of the waiver for class action claims because nullified, limited, or otherwise cancelled then the agreement to arbitrate hereunder shall also become void. 

YOU UNDERSTAND THAT BY AGREEING TO THE ABOVE, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH THE COURT, AND POTENTIALLY HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND THAT YOU MAY HAVE HAD A RIGHT TO JOIN A CLASS OR HAVE CLAIMS DECIDED THROUGH REPRESENTATIVE ACTION. BY AGREEING TO THESE TERMS YOU HAVE WAIVED THESE RIGHTS.

To opt out of the foregoing arbitration provisions and waiver of class action or representative claims, please email Suited Canvas according to the notice provisions below, no later than 30 days from agreeing to these Terms of Use.  

20) Waiver and Severability

No waiver of by the Suited Canvas of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by Suited Canvas to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision for that instance or future instances of breach. 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

21) Export Controls

You agree and acknowledge that you will comply will all relevant United States, and foreign jurisdiction, export and import laws when using our Services. You represent and warrant that you are not listed on any United States agency list of prohibited or sanctioned parties, and that you are not operating in, or for, a jurisdiction, nationality, or country (e.g. North Korea, Iran, Sudan, or Syria) that is subject to United States government embargo laws.  

22) Notice to Suited Canvas and Your Comments or Concerns

For valid notice to Suited Canvas, including general comments, concerns, or Feedback, please send an email or mail, via first-class mail, to:

art@suitedcanvas.com

Suited Canvas LLC

P.O. Box 2995

Kirkland, WA 98083

We will send notices to you at your Suited Canvas account email address.  Please keep that email address up to date! 

All notices of copyright infringement claims should be sent to the copyright agent designated above in the manner and by the means set forth therein.

23) Modification and Changes to these Terms of Use

Only we may revise and update these Terms of Use in our sole discretion. All changes are effective immediately when we post them and shall apply to all access to and use of the Website and Services thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website, so you are aware of any changes, as they are binding on you.