Artist Agreement

This agreement is between you (the "Artist") and Custom Canvas LLC, a Texas limited liability company ("Custom Canvas", "we", "us"), and governs selling on customcanvas.shop (the "Platform"). You accept it when you create an artist account. Your acceptance and its date are recorded.

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1. Relationship of the parties

You are the independent seller of every artwork you list. When a buyer purchases your artwork, the sale of the artwork is between you and the buyer, subject to this Agreement and the buyer-facing terms.

Custom Canvas operates the marketplace and facilitates payment, communications, applicable marketplace tax administration, refunds, and disputes. Custom Canvas does not purchase, own, manufacture, create, possess, consign, appraise, authenticate, pack, or ship your artwork.

Custom Canvas is not your agent, gallery, dealer, employer, partner, joint venturer, franchisee, or fiduciary. Neither party may bind the other except as expressly provided in this Agreement.

You appoint Custom Canvas on a limited basis to facilitate payment and administer authorized refunds, reversals, taxes, and adjustments arising from transactions conducted through the Platform. Buyers are charged through Custom Canvas, and the charge appears on their statement under the Custom Canvas name; that payment arrangement does not make Custom Canvas the seller of your artwork.

2. Commission and what you are paid

Custom Canvas keeps a commission of 15% of your artwork price. You receive 85% of your price, plus 100% of any shipping you charge.

Buyers separately pay a service fee to Custom Canvas for operating and supporting the marketplace. It is added to what the buyer pays and is not deducted from you.

On a $1,000 piece with $40 shipping: you receive $890, we keep $150, and the buyer additionally pays a service fee and applicable sales tax.

We may change the commission on 30 days' written notice. A change never applies to a sale made before it takes effect. If you do not accept a change, you may close your shop; sales already made are settled on the old terms.

3. Payouts and the payout delay

Payouts run through Stripe Express. You must complete Stripe's onboarding and accept Stripe's Connected Account Agreement, which is a separate contract between you and Stripe that we are not party to. We cannot pay you until Stripe reports your account as able to receive transfers.

Your payout is transferred to your Stripe balance when the buyer's payment is captured, and Stripe pays it to your bank on a daily schedule with a 14-day delay.

Why the delay exists: card disputes routinely arrive weeks after delivery. Holding funds in your Stripe balance means that if money has to be returned, it comes from that balance rather than being pulled out of your bank account after you have spent it. The delay protects you as much as us.

4. Seller protection — who bears a chargeback

If a buyer disputes a charge with their bank, the amount is deducted from your payout by default. Custom Canvas absorbs the loss instead, to the extent described in the Seller Protection Policy, when the order was Protected at the time of sale and shipment.

The Seller Protection Policy is part of this agreement and is incorporated into it by reference. It is versioned with this agreement, so a change to it asks you to re-accept in the same way a change to any other section does.

An order is Protected when all of the following are true:

1. You shipped within 5 business days of the sale.
2. You recorded a tracking number from a supported carrier (USPS, UPS, FedEx or DHL) before marking the order shipped.
3. Delivery was confirmed to the address on the Custom Canvas order and recorded on the order before the dispute arrived.
4. For orders of $750 or more, signature confirmation was obtained.
5. Your listing carried at least three photographs and a written description of at least 150 characters at the time of sale. Requirement 5 is measured against the listing as it stood when the buyer paid, not as it stands later.
6. You answered every buyer message about the order within three business days, at any time between the sale and confirmed delivery, and thereafter for any message about that order.

Delivery confirmation today is recorded by you, not read from the carrier. We do not yet integrate with carrier tracking APIs, so marking an order delivered is your attestation. Attesting to a delivery that did not happen is a breach of this agreement and forfeits protection on that order and any other affected by it. We expect to replace attestation with carrier verification, and will tell you before we do.

Local pickup is not currently eligible for protection. Pickup orders will be Protected once both parties can confirm handoff in the Custom Canvas message thread, but that confirmation feature is not yet built. Until it ships, treat every pickup sale as unprotected and get the buyer's written confirmation in the thread anyway, because it is still the best evidence you will have.

You can see the protection standing of every order in Studio > Sales before any dispute exists, including exactly what is missing.

Accepting a dispute. You may tell us that you do not wish to contest a dispute. If you do so before we incur a dispute-response fee or other processor cost, we will ordinarily not impose an additional platform penalty solely because you declined to contest it. The dispute may nevertheless remain part of our and the payment processor's records and may be considered in future risk, reserve, payout, or account decisions. We may contest a dispute notwithstanding your preference when necessary to prevent fraud, protect the Platform, or comply with processor requirements. Every dispute, won or lost, also counts against Custom Canvas's standing with the card networks.

Why the bargain works this way: the six requirements are the evidence that wins a dispute. When you produce them, we can defend the charge, so we can afford to absorb the loss when we lose anyway. When they are missing, the dispute is unwinnable and the loss sits with the sale it came from.

Payout holds, reserves, and amounts owed

Custom Canvas or its payment processor may delay, withhold, reverse, or offset a payout when reasonably necessary to address a refund, chargeback, suspected fraud, payment-processing error, prohibited transaction, ownership claim, legal requirement, or material breach of this Agreement.

Custom Canvas may establish a reasonable rolling or transaction-specific reserve based on factors including transaction value, delivery status, dispute history, account age, suspected fraud, or anticipated refund exposure. We will provide notice of a reserve and release it when the applicable risk has reasonably passed, subject to processor restrictions and legal requirements.

You authorize Custom Canvas to recover amounts you owe by:

• reversing or adjusting an unsettled transfer;
• deducting the amount from current or future payouts;
• applying an authorized account reserve; or
• requesting direct reimbursement.

Amounts recoverable may include refunds, chargebacks, chargeback fees, duplicate or erroneous payments, taxes, penalties caused by inaccurate seller information, and other losses attributable to your transaction or breach.

This Section does not authorize a debit from your bank account unless you separately provide any authorization required by law and the payment processor.

5. Your work: originality, rights and authenticity

You warrant, for every piece you list, that:

• You created it, or you hold all rights necessary to sell it.
• It is authentic and accurately described — an original is an original; an edition states its size and number; a reproduction or print says so plainly.
• Selling it infringes no one's copyright, trademark, right of publicity, or moral rights, and breaches no other agreement (including gallery exclusivity).
• It is not stolen, forged, misattributed, or subject to any undisclosed lien.

You further represent and warrant that:

• you have full legal authority to sell and transfer possession of the artwork;
• the artwork is free of undisclosed liens, security interests, ownership disputes, and contractual restrictions;
• the listing contains all warnings reasonably necessary for safe display, handling, installation, storage, and disposal;
• the artwork complies with laws governing restricted wildlife materials, hazardous substances, electrical components, children's products, weapons, and other regulated materials;
• any certificate of authenticity, edition statement, signature, provenance statement, or appraisal information you provide is accurate and not misleading; and
• you will promptly cooperate with any safety notice, recall, ownership claim, or lawful investigation concerning the artwork.

Custom Canvas may require additional information, insurance, packaging, professional installation, or shipping arrangements for unusually valuable, fragile, hazardous, oversized, or regulated artwork.

AI-generated and AI-assisted work. Custom Canvas does not permit artwork that Custom Canvas reasonably determines was primarily generated by an artificial-intelligence system without sufficient human creative contribution. This is a marketplace eligibility rule and is not a legal determination regarding copyrightability.

Material use of generative artificial intelligence must be clearly disclosed in the listing. The disclosure must identify the general nature of the AI use and describe your human creative contribution.

You remain responsible for ensuring that prompts, inputs, training materials supplied by you, outputs, incorporated elements, and the resulting artwork do not infringe or misuse another person's rights.

Custom Canvas may request reasonable supporting information and may remove artwork when the human contribution, disclosure, or ownership rights cannot be adequately established.

You keep every right in your work. Selling a physical piece transfers the object, not the copyright, unless you separately agree otherwise in writing with the buyer.

6. License to display and promote

You grant Custom Canvas a non-exclusive, royalty-free license to display, reproduce and distribute images of your work and your artist profile solely to operate, promote and market Custom Canvas and your work on it — the site, email to buyers and followers, social media, and press.

This license is deliberately narrow. It does not include: producing or selling reproductions, prints, merchandise or digital editions of your work; sublicensing to third parties for their own purposes; or minting, tokenizing or otherwise creating digital assets representing your work.

We may resize, crop or compress images for presentation only. Nothing in this license waives your rights of attribution or integrity under the Visual Artists Rights Act, and we will not modify your work in a manner prejudicial to your honor or reputation. We credit you by the name on your profile.

The license ends when you remove a listing or close your shop, except that we may retain copies in archives, backups and records of completed sales, and material already distributed (an email already sent) cannot be recalled.

7. Shipping and fulfillment

You are responsible for packing, shipping and insuring your work. You must:

• Ship within 5 business days of the sale, or cancel and tell the buyer promptly.
• Enter a tracking number and carrier before marking an order shipped.
• Obtain signature confirmation on orders of $750 or more.
• Pack to survive ordinary carrier handling.

If you cannot meet the window. Tell the buyer in Messages before it expires and offer them the choice of a new date or a cancellation. If the buyer does not agree to the new date, they may cancel for a full refund and we will settle it whether or not you approve. Federal law governing mail and internet orders requires a seller who cannot ship in the promised time to obtain the buyer's consent to a delay or refund them promptly, and the shipping window shown on your listing is that promise.

Risk of loss stays with you until the piece is delivered. For a shipped order, risk of loss remains with you until carrier records show delivery to the address stated in the Custom Canvas order; for an order requiring signature confirmation, risk does not transfer until the required signature or other approved delivery confirmation is obtained. For local pickup, risk transfers when the buyer or the buyer's authorized recipient takes possession and confirms the handoff. If a work is lost, stolen or damaged before that point, it is your loss, not the buyer's, and the buyer is entitled to a refund.

Shipping coverage. You must purchase commercially reasonable shipping coverage for the artwork price when such coverage is reasonably available, and build the cost into your shipping charge. If full coverage is unavailable because of carrier exclusions, value limits, artwork type, or destination, you must disclose that to Custom Canvas before shipping and follow any alternative shipping instructions we give you.

Check the limits before you ship. Carriers restrict coverage on artwork more than most sellers expect: declared-value limits, exclusions for one-of-a-kind or hand-made objects, and packaging conditions that void a claim are all common, and the usual carrier maximum sits well below the price of a significant piece. Where a carrier will not cover the full price, use a fine-art shipper or a third-party transit policy. Do not represent a piece as insured when it is not.

The buyer's right to a refund for non-delivery or transit damage does not depend on whether you recover from a carrier or insurer. Shipping coverage is maintained for your benefit and does not make Custom Canvas an insurer, carrier, or guarantor of the shipment.

This is stricter than the default rule for shipment contracts, and it is set this way because it matches what actually happens: a buyer whose piece never arrives will dispute the charge, the card network will decide for them in the absence of delivery confirmation, and the money comes back regardless of what this agreement says. It is also why delivery confirmation is one of the seller-protection requirements in §4: the same record that protects you against a dispute is the record that ends your risk.

8. Refunds

Refunds are artist-mediated. A buyer requests one in the message thread; you decide. If you approve, Custom Canvas settles it: the buyer receives the artwork price, shipping, and the sales tax on those amounts. On a change-of-mind refund the service fee and its tax are not refunded. Your payout is reversed exactly and our commission is returned.

Returns. A refund may be conditioned on the buyer returning the artwork, unless Custom Canvas determines that a return is unlawful, unsafe, impracticable, or unnecessary. Where a return is required, Custom Canvas provides the return instructions and the refund may be issued after the artwork is returned and reasonably inspected. You ordinarily bear reasonable return-shipping costs and return-transit risk where the artwork was damaged, materially misdescribed, or incorrectly supplied; the buyer ordinarily bears them on an approved change-of-mind return.

Approving a refund is your decision, not ours — with four exceptions. We will refund a buyer without your approval where a card network determines the dispute against us, where the law requires it, where we substantiate that the piece arrived damaged or was materially not as your listing described it, or where the piece was never shipped. Your discretion covers a buyer who changed their mind; it does not cover a misdescription, and it does not cover a sale you did not fulfill. Where we refund a buyer on one of those grounds, we also refund the buyer's service fee.

Unfulfilled and abandoned orders. If you have not shipped within the window and have not answered the buyer or us within five business days of our asking, we will cancel the order and refund the buyer in full. The payout is reversed. Repeated non-fulfillment is grounds for closing your shop.

9. Taxes and seller information

Custom Canvas will calculate, collect, report, and remit sales or similar transaction taxes where Custom Canvas determines that applicable marketplace-facilitator law requires it to do so. Tax treatment may depend on the buyer's location, seller's location, type of artwork, delivery method, and applicable law.

You remain responsible for taxes arising from:

• income you receive;
• transactions completed outside Custom Canvas;
• jurisdictions or obligations not legally assumed by Custom Canvas; and
• inaccurate or incomplete information you provide.

You must provide accurate legal, tax, identity, and address information and promptly update it. Custom Canvas or its payment processor may withhold payouts or apply legally required backup withholding if required information is missing or invalid.

Custom Canvas or its payment processor may issue Form 1099-K or another information return when required under then-applicable law. Receipt or nonreceipt of an information return does not determine whether income is taxable.

10. Your responsibilities

• Keep your listings, prices, availability and profile accurate.
• Answer buyer messages within three business days.
• Do not transact around the Platform to avoid commission on a buyer you met here. Commissioned work is the exception: currently, commissions are arranged and paid off-platform by design, and doing so is not a breach. Sales of listed, finished work to a buyer you met here must go through Custom Canvas.
• Do not list prohibited items, and describe every piece as the Listing Standards require.
• Treat buyers and other artists civilly (see Terms of Service §6).

11. Review, suspension and termination

New shops are reviewed before going live. We may reject a shop with a reason, and you may fix and resubmit.

We may suspend or remove a listing, or suspend or close a shop, if you breach this agreement, if work appears inauthentic or infringing, if your dispute rate is high enough to threaten Custom Canvas's card-network standing, or if we are required to. Where practical we tell you why and give you a chance to respond first.

You may close your shop at any time. Closing does not affect orders already placed: you must still fulfill them, and refunds and disputes on past sales are still governed by this agreement.

12. Changes to this agreement

We may update this agreement. Material changes are versioned, and you will be asked to accept the new version before continuing to sell. Your acceptance and its date are recorded.

13. General

13.1 Independent seller. You are an independent seller. Nothing here creates an employment, partnership, joint venture or agency relationship between you and Custom Canvas, and neither of us may bind the other.

13.2 Disclaimer. Custom Canvas is provided "as is" and "as available". We do not warrant that the Platform will be uninterrupted or error-free, that any piece will sell, or that any particular volume of sales, traffic or income will result. We disclaim all implied warranties to the fullest extent the law allows.

13.3 Limitation of liability. To the fullest extent permitted by law, Custom Canvas is not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost sales, lost data or reputational harm, even if we were advised such damages were possible.

Our total aggregate liability to you arising out of or relating to this agreement is limited to the greater of (a) the total commissions we retained from your sales in the twelve months before the event giving rise to the claim, or (b) $500.

These limits do not apply to liability that cannot be limited by law, and they do not limit our obligation to pay you amounts we have actually collected on your behalf.

13.4 Your indemnity. You will indemnify and hold harmless Custom Canvas LLC, its members, officers and contractors from any third-party claim, demand, loss or expense (including reasonable legal fees) arising out of: work you list or sell; your description of it; any claim that it infringes copyright, trademark, publicity or moral rights; your breach of this agreement; or your acts or omissions in fulfilling an order.

We will tell you promptly of any such claim, let you control the defense with counsel of your choosing (subject to our reasonable approval), and cooperate at your expense. You may not settle a claim in a way that imposes an obligation on us without our consent.

13.5 Governing law and venue. This agreement is governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Subject to §13.6, the exclusive venue for any dispute is the state or federal courts located in Harris County, Texas, and we each consent to their jurisdiction.

13.6 Dispute resolution.

First, talk to us. Most problems are resolved by writing to support@customcanvas.shop. We each agree to try in good faith to resolve a dispute informally for 30 days before starting a formal proceeding.

Arbitration. If that fails, any dispute arising out of or relating to this agreement will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial (or, where applicable, Consumer) Arbitration Rules, seated in Harris County, Texas, or conducted remotely at your election. Judgment on the award may be entered in any court of competent jurisdiction.

What is carved out. Either of us may bring a claim in small claims court, and either of us may seek injunctive relief in court to protect intellectual property or stop misuse of the Platform.

Class-action waiver. Disputes will be arbitrated only on an individual basis. You and Custom Canvas each waive any right to bring or participate in a class, collective, consolidated or representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim proceeds in court and the rest of this §13.6 still applies.

Costs. Where you are the claimant and the amount in dispute is within the limit of a Texas small claims court, Custom Canvas will pay the AAA filing and administrative fees exceeding what a court filing would have cost.

Opting out. You may reject this §13.6 by emailing support@customcanvas.shop with the subject "Arbitration opt-out" within 30 days of first accepting this agreement. Opting out costs you nothing and affects nothing else in this agreement.

13.7 Assignment. You may not assign this agreement without our written consent. We may assign it to an affiliate or in connection with a merger, acquisition or sale of substantially all of our assets; if we do, we will tell you.

13.8 Force majeure. Neither of us is liable for failure to perform caused by events beyond reasonable control — natural disaster, war, epidemic, carrier failure, or failure of a payment processor or hosting provider — except that this does not excuse payment of amounts already owed.

13.9 Notices. We will contact you at the email on your account; keep it current. You may reach us at support@customcanvas.shop. You consent to receive notices electronically.

13.10 Severability and waiver. If any provision is unenforceable, it is limited or severed to the minimum extent necessary and the rest stays in force. A failure to enforce a provision is not a waiver of it.

13.11 Survival. Sections 5 (warranties), 8 (refunds), 9 (taxes), 13.3 (limitation), 13.4 (indemnity), 13.5–13.6 (law and disputes) and this §13.11 survive termination.

13.12 Entire agreement. This agreement, together with the Terms of Service and the policies it references — the Seller Protection Policy, the Listing Standards, the Shipping, Returns & Refunds Policy, and the Privacy Policy — is the entire agreement between us about selling on Custom Canvas, and replaces any earlier understanding. Where this agreement and a referenced policy conflict on a matter of selling, this agreement controls.

Your Stripe Connected Account Agreement is a separate contract between you and Stripe.

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Questions: support@customcanvas.shop