Terms of service

Terms of Service

Last updated: July 2026

Welcome to NickYoYoART (accessible via nickyoyo.com). Throughout the site, the terms “we”, “us”, and “our” refer to NickYoYoART. By accessing our website or purchasing a custom portrait from us, you engage in our “Service” and agree to be legally bound by the following Terms of Service ("Terms"), including all incorporated policies (such as our Service & Refund Policy and Privacy Policy).

SECTION 1 - GENERAL CONDITIONS & ELIGIBILITY

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You may not use our products or services for any unauthorized or illegal purpose, nor may you violate any applicable laws in your jurisdiction (including but not limited to copyright laws).

SECTION 2 - CUSTOM ARTWORK & ARTISTIC DISCLAIMERS

  • Subjective Artistic Interpretation: All artwork provided by NickYoYoART is handcrafted based on artistic interpretation in our signature cute sketch style. Our portraits capture the key features, expression, and essence of your pet; they are not intended to be a 1:1 photorealistic trace or precise camera copy. By placing an order, you acknowledge and accept the creative and subjective nature of custom illustration.
  • Customer Photo Warranties: You warrant that you own or have obtained all necessary rights, licenses, and permissions for any photo uploaded to our site. You agree to indemnify and hold harmless NickYoYoART from any third-party claims arising from unauthorized photo submissions.
  • Photo Selection & Redraw Policy: Free draft revisions apply exclusively to minor line, background, or color adjustments based on the original photo submitted at checkout. Once drafting has commenced, switching to a completely new photo is deemed a new creative project and requires purchasing a new order at full price.

SECTION 3 - PROOF APPROVAL, REVISIONS & ABANDONED ORDERS

  • Digital Proof Delivery: Standard digital preview proofs will be delivered to your order email within 1–3 business days (or within 24 hours if Express Rush option is selected).
  • Finality of Proof Approval: Once you explicitly approve a digital proof preview, that design is deemed final, complete, and accepted. No subsequent revisions, cancellations, or aesthetic claims can be made after approval.
  • 3-Day Deemed Approval Window: Customers are required to inspect and respond to email proofs within 3 calendar days. If no response is received after 3 days and reasonable follow-up attempts, NickYoYoART reserves the right to deem the draft approved to proceed with digital completion or physical print manufacturing.

SECTION 4 - CANCELLATION, REFUND & CHARGEBACK POLICY

  • Cancellation Eligibility: Orders are eligible for a 100% full refund ONLY if canceled before our artist has begun working on the custom draft.
  • Non-Refundable Work-in-Progress: Due to the personalized, labor-intensive nature of custom artwork, orders become strictly non-refundable once drafting has commenced.
  • Dispute & Chargeback Protocol: By completing checkout, you acknowledge that our digital custom services are non-refundable after creation begins. You agree to contact our customer support team at nickyoyoart@gmail.com to resolve any order concerns prior to filing a dispute or chargeback with your financial institution. Initiating an unauthorized chargeback for a delivered or in-progress custom artwork constitutes a breach of these Terms.

SECTION 5 - PHYSICAL PRINTING, SHIPPING & COLOR DISCLAIMERS

  • Print-on-Demand Fulfillment: Physical framed print orders are produced and shipped locally via our fulfillment network (Gelato) upon digital proof approval. Estimated shipping times (3–5 business days US; 3–7 business days internationally) are carrier estimates and not legally binding delivery guarantees.
  • Screen vs. Print Color Variations: Due to differences in monitor color calibrations, display brightness, and the technical variance between RGB digital screens and CMYK physical printing, actual printed colors may vary slightly from digital screen previews. Such minor variations are standard in custom printing and do not constitute a defect.
  • Shipping Address Accuracy: Customers are responsible for providing correct shipping details at checkout. NickYoYoART is not liable for packages delivered incorrectly or lost due to customer-provided address errors.

SECTION 6 - INTELLECTUAL PROPERTY & PERMITTED USE

  • Artist Copyright Ownership: NickYoYoART retains full legal copyright, intellectual property rights, and ownership of all created custom artwork and illustrations. We reserve the right to feature, display, and publish our created artwork across our official website, portfolio, social media channels (TikTok, Instagram, etc.), and marketing materials.
  • Customer Personal License: Purchasing a portrait grants you a non-exclusive, worldwide, perpetual license for personal, non-commercial use only (e.g., personal printing, social media sharing, gifting). You may not resell, sub-license, modify for resale, or use the artwork for commercial gain without prior written consent from NickYoYoART.
  • Original Photo Confidentiality: All original reference photos submitted by customers remain confidential and strictly private. They will never be sold, distributed, or published publicly.

SECTION 7 - LIMITATION OF LIABILITY & INDEMNIFICATION

To the fullest extent permitted by law, NickYoYoART, its artists, officers, and service partners shall not be liable for any indirect, incidental, punitive, or consequential damages resulting from your use of our Service or products. You agree to defend, indemnify, and hold harmless NickYoYoART from any claims, liabilities, or expenses arising out of your breach of these Terms or violation of any law or third-party right.

SECTION 8 - GOVERNING LAW & SEVERABILITY

These Terms of Service and any separate agreements shall be governed by and construed in accordance with applicable ecommerce and intellectual property laws. If any provision of these Terms is determined to be unlawful or unenforceable, such provision shall be enforced to the maximum extent permitted, and the remaining provisions shall remain valid and enforceable.

SECTION 9 - CONTACT INFORMATION

For questions or formal inquiries regarding these Terms of Service, please contact us at:

  • Brand Name: NickYoYoART
  • Email: nickyoyoart@gmail.com
  • Website: nickyoyo.com