Terms of service

Pet Portraits – Terms & Conditions

Last updated: 10/01/2025

 

1. Introduction

Welcome to Pet Portraits. These Terms & Conditions (“Terms”) govern your use of our website and services, including the purchase of portraits and related products. By accessing or using our website, placing an order, or uploading content to us, you agree to be bound by these Terms. If you do not agree, please do not use our services.
 Your use of our website is also governed by our Privacy Policy, available at https://petportraits.com/policies/privacy-policy.

 

 

2. Definitions

“Company”, “we”, “us”, or “our” refers to Pet Portraits, located at 78 SW 7th St, Miami FL, 33130.
 “Customer”, “you”, or “your” means the individual or entity placing the order or using our service.
 “Portraits” / “Products” / “Goods” refers to any customizable artwork or physical prints, digital downloads, framed/unframed portraits, etc., offered by us.
 “Order” means your request to purchase a Product via our website.
 “Preview” / “Proof” means the draft version of the Portrait we send you for approval (if applicable).
 “User Content” means names, photos, images, reviews or other content provided or uploaded by you.

 

 

3. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter contracts. By placing an order, you affirm that you have the right to supply any image or content, and that it does not infringe on the rights of any third party.

 

 

4. Ordering, Payment & Prices

All orders are subject to acceptance. We accept payment via Visa, Visa Debit, Mastercard, American Express, and PayPal.
 Payment will be charged at the time of placing the order.
 Prices are as shown at the time you place your order. We reserve the right to adjust prices, promotions, fees or shipping charges without notice, but any change will not affect orders already accepted.
 By placing an order, you agree to pay all amounts due including any shipping, customs, duties, or taxes associated with your delivery address.

 

 

5. Image Quality, Previews & Approval

You agree to provide high-resolution, clear images that meet our specifications. If your image is unsuitable, we may request a replacement or make reasonable adjustments at our discretion.
 If we provide a preview/proof, you must respond within 5 business days to indicate approval or request changes.
 You may request unlimited revisions to your preview at no additional charge. We will continue working with you until you are satisfied with the design before final approval.
 Once you have approved the preview, any subsequent modifications after production has begun may incur additional charges and may delay delivery.

 

 

6. Delivery & Shipping

Physical Products: we will deliver to the address you specify. Shipping timelines are estimates; we are not responsible for delays caused by carriers, customs, or force majeure.
 Risk of loss/damage in transit passes to you once the product is shipped. However, if you receive a damaged product, contact us within 7 days and provide photos so we can resolve (repair, replacement, or refund at our discretion).
 International shipments may be subject to customs fees, import duties, and taxes, which are the responsibility of the recipient.
 Digital Products: delivered by download link/email. Once delivered, no cancellation or refund unless required by law.

 

 

7. Returns, Refunds & Cancellations

Because our Products are custom/made-to-order/personalized, we may offer refunds or replacements only if there is a defect, error on our part, or damage in transit.
 We do not accept returns/refunds for simple change-of-mind, unless otherwise required by applicable law.
 If you cancel your order before we begin production (or before you approve the preview), we may refund less production/admin costs.

 

 

8. Intellectual Property & License

You retain ownership of the images/content you supply, subject to granting us a non-exclusive, worldwide, royalty-free license to use such User Content for the purposes of producing your order.
 Marketing Use of Images: By uploading any photo, image, or content to Pet Portraits, you grant us a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, adapt, modify, distribute, and publicly display both (i) the original images you provide, and (ii) the completed portrait or product we create from those images, for the purposes of marketing, advertising, promotional, and display purposes (including on our website, social media, and other channels). You acknowledge that you will not receive any compensation for such uses. If you prefer we do not use your content for marketing purposes, you may contact us at support@petportraits.com to request an opt-out.
 All rights, title, and interest in designs, artwork, website content, layouts, product photos, etc., belong to Pet Portraits unless explicitly agreed otherwise.

 

 

9. Limitation of Liability; Disclaimers

Our Products and Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied (including but not limited to merchantability, fitness for a particular purpose).
 We do not guarantee that colors, finishes, resolution, or texture will exactly match screen previews due to differences in monitors and devices.
 In no event will Pet Portraits, its directors, employees, contractors, or agents be liable for any indirect, incidental, special, or consequential damages arising from your use of or inability to use our Products or Services.
 To the extent permitted by law, our liability is limited to the purchase price you paid for the specific Product that gives rise to the claim.

 

 

10A. Indemnification (Added)

You agree to indemnify, defend, and hold harmless Pet Portraits, its affiliates, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use or misuse of our website or products; (b) your violation of these Terms; or (c) your violation of any law or the rights of a third party.

 

 

10. Prohibited Use

You may not:
 Use our Products or website for unlawful or unauthorized purposes.
 Upload content that is infringing, offensive, defamatory, obscene, or in violation of any law.
 Interfere with the operation of the site or its security.
 Provide false or misleading information.

 

 

11. Third-Party Links & Tools

Our website may contain links to third-party websites, services or tools not owned or controlled by us; we are not responsible for their content, policies or practices. Use of third-party services is at your own risk.

 

 

12. Changes to Products, Services & Terms

We reserve the right to modify, discontinue or change Products, pricing, shipping options, etc., at any time.
 We may update these Terms from time to time; the latest version is published on our website. Your continued use or placing of an order after changes constitutes acceptance of the updated Terms.

 

 

13. Governing Law & Dispute Resolution

These Terms shall be governed by the laws of the State of Florida, without regard to conflict of law provisions.
 If any dispute arises, you and we agree to resolve it first by good-faith negotiation. If unresolved, the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction.

 

 

14. Dispute Resolution and Arbitration; Class Action Waiver

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Provision allows us to promptly and efficiently resolve any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below)) that may arise between you and us. “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers, or third-party vendors) whenever you also assert claims against us in the same proceeding.

This Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of these Terms constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).

You may, however, opt out of this Provision, which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Everyone agrees that, except as provided below, any and all disputes, as defined above, whether presently in existence or based on acts or omissions in the past or in the future, will be resolved exclusively and finally by binding arbitration rather than in court in accordance with this provision.

 

 

15. Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute by emailing us at support@petportraits.com with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, then you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

 

 

16. Exclusions from Arbitration / Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if:
 (a) The dispute qualifies for initiation in small claims court; or
 (b) You opt out of these arbitration procedures within 30 days from the date that you first consent to this Agreement (the “Opt-Out Deadline”).

You may opt out of this Provision by emailing us at support@petportraits.com with the following information: (1) your name; (2) your address; and (3) a clear statement that you do not wish to resolve disputes with us through arbitration.

Your decision to opt out of this Arbitration Provision will not negatively affect your relationship with us. However, any opt-out request received after the Opt-Out Deadline will not be valid, and you must pursue your dispute in arbitration or small claims court.

 

 

17. Arbitration Procedures

If this Provision applies and the dispute is not resolved as provided above (Pre-Arbitration Claim Resolution), either you or we may initiate arbitration proceedings. The American Arbitration Association (AAA) (www.adr.org) will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator.

The arbitration shall be commenced as an individual arbitration and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

  • For disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply.

  • For disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply.

  • In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply.

Because this Website and these Terms concern interstate commerce, the Federal Arbitration Act (FAA) governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction.

Location of Arbitration – You may only initiate arbitration in the state of Florida. We have the right to initiate arbitration in the state of Florida or use the federal judicial district that includes your billing address.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. You will still be responsible for all additional fees and costs that you incur in the arbitration, including but not limited to attorneys’ fees or expert witnesses. In addition, if you provided notice and negotiated in good faith with us as provided in the section above and the arbitrator concludes that you are the prevailing party, you will be entitled to recover no more than 50% of reasonable attorneys’ fees and costs as determined by the arbitrator.

 

 

18. Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration.

If you choose to pursue your dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this Website can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

 

 

19. Jury Waiver

You understand and agree that by accepting this Provision in these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided, those rights are waived. Other rights that you would have if you went to court (e.g., rights to appeal and certain types of discovery) may be more limited or waived.

 

 

20. Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will not apply, but all enforceable provisions will remain valid. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the dispute will be decided by a court.

 

 

21. Continuation

This Provision shall survive the termination of your account with us or our affiliates and your discontinued use of this Website. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require us to adhere to the language in this Provision if a dispute between us arises.

 

 

21A. Force Majeure 

Pet Portraits shall not be liable or responsible for any failure or delay in performing its obligations under these Terms when and to the extent such failure or delay is caused by or results from acts beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, labor disputes, pandemics, natural disasters, embargoes, or shortages of materials or transportation.

 

 

22. General

We think direct communication resolves most issues – if we feel that you are not complying with these Terms, we will tell you and provide recommended corrective action(s).
 However, certain violations of these Terms, as determined by us, may require immediate termination of your access to this Website without prior notice.
 The Federal Arbitration Act, Florida state law and applicable U.S. federal law will govern these Terms. Except for disputes subject to arbitration as described above, any disputes relating to these Terms or this Website will be heard in the courts located in Miami-Dade County, Florida.
 If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. By choosing not to enforce any of these Terms, we are not waiving our rights.
 These Terms are the entire agreement between you and us and supersede all prior or contemporaneous negotiations, discussions, or agreements. The proprietary rights, disclaimer of warranties, indemnities, limitations of liability, and general provisions shall survive termination.

 

 

23. Combined Termination & Severability 

We may terminate or suspend access to our services immediately, without prior notice, for conduct that violates these Terms or that we believe is harmful to Pet Portraits, other customers, or third parties. Any obligations accrued prior to termination (including payment and liability) will survive. If any provision of these Terms is found invalid or unenforceable, that provision shall be modified to the extent necessary or severed, but the remaining Terms shall remain in full effect. Failure by Pet Portraits to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

 

 

24. Contact Information

If you have any questions about these Terms, your order, or disputes, contact us at:
Pet Portraits
78 SW 7th St
Miami, FL 33130
support@petportraits.com