Terms of Service

Overview & Acceptance

Painted Halloween by Painted.App is operated by PaintedApp, LLC. Painted Halloween (“we,” “us,” “our”) renders horror one-sheet posters and film stills from your own photograph of yourself or your pet, and sells those renders and the original Nightfables collection as made-to-order prints, canvas and apparel at paintedhalloween.com. By accessing or using our website and services, you agree to be bound by these Terms of Service. If you do not agree, do not use the service.

Eligibility

You must be at least 18 years old (or the age of majority where you live) to use the service and to upload photographs. By using the service you represent that you meet this requirement. The service is for adults only: we do not accept photographs of anyone under 18. The engine's own safety filter rejects many of them, and we delete any we find.

Your Content & the Rights You Grant

You retain ownership of the photographs you upload. By uploading a photo, you grant us a limited, non-exclusive, worldwide license to process it through our systems for the sole purpose of rendering your poster or still and fulfilling your order. The photograph itself is not stored; the render is. We do not use your photographs to train AI models, and we do not sell or share them.

You represent and warrant that: (a) you own the photo or have all rights and permissions necessary to upload it; (b) every identifiable person shown in the photo has consented to its upload and to the creation of artwork from it; and (c) no one shown in the photo is under eighteen. You must not upload images of other people without their permission.

Generated Artwork

Renders made by our service are licensed to you for personal use upon purchase. You may display, print, share, and gift your purchased renders freely. You may not use purchased renders for commercial purposes, including resale, merchandise, advertising, or commercial licensing. Looking is free: you may download an unpurchased preview for your own personal, non-commercial use, and for nothing else. Pieces from the Nightfables collection remain our copyright; buying one licenses that copy for personal display only.

AI-Generated Art & Artistic Styles

Our renders are generated by artificial intelligence from your photograph. Outputs are interpretive artworks, not photographs, and may vary in likeness and detail; AI-generated images can contain imperfections. Because of how copyright law treats AI-generated works, such images may not be eligible for copyright protection.

Style names describe the film era, studio look or artistic movement a render evokes. Any reference to a named film, studio, artist, or period is descriptive only. Painted Halloween is independent and is not affiliated with, sponsored by, or endorsed by any film studio, artist, artist’s estate or foundation, gallery, or museum.

The Words You Put on a Poster

The type desk sets your own words over your own render: a title, a tagline, names in the billing block, a line from a critic you invented. Those words are yours, and you keep them. By saving a poster you confirm that you have the right to use every word on it, and you agree to the two limits below, which exist because we print the result and sell it to you.

First, no one else’s name. Not a real film or series title, not a studio, distributor, festival or streaming service, and not a real person billed as though they made or appeared in your film. A title on its own carries no copyright — the U.S. Copyright Office is explicit that names, titles and short phrases do not qualify — but franchise titles are registered trademarks for exactly the goods we sell here, and a real person’s name on merchandise raises right-of-publicity and false-endorsement claims that a joke does not answer. Second, no film-rating body’s marks or wording. A letter or two in a certificate box is typography of the era and is fine; the rating symbols themselves belong to the Motion Picture Association and its equivalents.

Nothing sexual and nothing that dwells on injury goes on a sheet we print, whatever the era did. Horror, dread, monsters and swearing are all allowed — this is a Halloween poster shop. We check every saved poster automatically and refuse what breaks these rules; where a refusal is wrong, write to us and a person will read it.

Painted Halloween does not review posters for the rights you hold in your own words, and you indemnify us for them under the section below.

Orders and Payment

• All prices are in US dollars and include the product as described.
• Shipping costs are calculated at checkout and vary by destination and product type.
• Payment is processed securely through Stripe at the time of checkout.
• Every visitor gets four free passes. A pass is one render of one photograph, returned as an upright poster and a widescreen still. After those, ten more passes are $10, used from the browser or account that bought them. Passes do not expire.
• Physical products are produced and shipped by our fulfillment partners (Prodigi for posters and canvas, Printful for apparel) within their standard production timelines.

Refunds and Returns

Because each render is made from your photo and every product is made to order:

• Physical products may be returned if they arrive damaged or defective. Contact us within 14 days of delivery with photos of the issue and we will arrange a replacement or refund.
• Because our products are personalized and made to order, EU and UK consumers acknowledge that the statutory 14-day right of withdrawal does not apply to them once production has begun, except where a product arrives damaged or defective.
• We print only the render you chose. If you are unsatisfied with a render, do not buy it; looking is free. If what arrives differs from the render you chose, please contact us. We are committed to making it right and will work with you on a case-by-case basis.

The hour to cancel and the rest are set out plainly on Refunds and Returns.

Acceptable Use

You agree not to:

• Upload images you do not have the rights to, or images of people who have not consented;
• Upload images containing illegal, harmful, hateful, or explicit content;
• Upload a photograph of a celebrity or other public figure, or of anyone you are not entitled to picture, to make them the subject of a render;
• Attempt to circumvent render limits;
• Use automated tools to mass-generate renders without purchasing;
• Resell our service or represent generated artwork as human-made for deceptive purposes;
• Set another party’s trademark, film title, studio name or a real person’s name on a poster at the type desk.

Indemnification

You agree to indemnify, defend, and hold harmless Painted Halloween and its operators from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of the photographs or content you upload, your violation of these Terms, or your infringement of any third party’s intellectual-property, privacy, or publicity rights.

Disclaimer of Warranties

The service and all artwork are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted or error-free, or that any render will meet a particular expectation of likeness or quality.

Limitation of Liability

To the maximum extent permitted by law, Painted Halloween will not be liable for any indirect, incidental, special, or consequential damages. Our total liability for any claim arising from the service is limited to the amount you paid for the affected order. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.

Copyright & DMCA

We respect intellectual-property rights. If you believe content on our service infringes your copyright, send a notice to our designated agent at support@painted.app including: identification of the work, the allegedly infringing material and its location, your contact information, a good-faith statement, and a statement under penalty of perjury that you are authorized to act. We will respond to valid notices and may remove material and terminate repeat infringers.

Governing Law & Disputes

These Terms are governed by the laws of the State of Oregon, USA, without regard to conflict-of-laws rules. You agree to first try to resolve any dispute informally by contacting us. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Oregon, and you consent to their jurisdiction, except that either party may bring a qualifying claim in small-claims court.

Changes to These Terms

We may update these terms from time to time. Continued use of our service after changes constitutes acceptance of the updated terms. Material changes will be posted here with an updated date, and every change is listed with its date on Legal and changes.

General

If any provision of these Terms is found unenforceable, the remaining provisions stay in effect. These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the service. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to a successor or affiliate. We are not liable for delays or failures caused by events beyond our reasonable control.

Contact

Questions about these terms? Email us at support@painted.app, or write to PaintedApp, LLC, 1327 SE Tacoma St #394, Portland, OR 97202. For privacy questions, contact support@painted.app.