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Terms & Conditions

Last updated: September 1, 2026

1. Agreement to Terms

By accessing or using mood.overtone.art (the “Site”), you agree to be bound by these Terms & Conditions. If you do not agree, please do not use the Site. We may update these terms from time to time; continued use after changes constitutes acceptance.

2. About Us

Overtone.Mood is a sub-store of Overtone.art, a two-artist studio based in Charlotte, North Carolina, operated by Overtone Art LLC. We sell artist-designed merchandise including apparel and accessories. References to “we,” “us,” or “our” refer to Overtone Art LLC.

3. Eligibility

You must be at least 16 years old and capable of forming a binding legal contract to use the Site. By using our Site, you represent and warrant that you meet these requirements.

4. Accounts

Some features require creating an account. Your account works across both overtone.art and mood.overtone.art. You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at hello@overtone.art if you suspect unauthorized access.

5. Products & Orders

  • All product descriptions and images are as accurate as possible, but slight variations may occur due to display settings and the nature of print-on-demand items.
  • Colors may vary. The printed colors of merchandise can differ from what you see on your screen, because monitors, phones, and browsers each render color differently. On-screen previews are a guide, not an exact color match.
  • Prices are listed in US dollars and are subject to change without notice. Sales tax is calculated and applied at checkout where required by law.
  • We reserve the right to refuse or cancel any order for any reason, including errors in pricing or product information.
  • All merchandise is produced and fulfilled by third-party print-on-demand partners on our behalf.

6. Payments

We accept payments through Stripe. By placing an order you authorize us to charge the selected payment method. All payments are processed securely through this third-party provider; we do not store your full payment card details.

7. Promotional Codes

We may offer promotional discount codes. A code is a discount on the price of an order — it is not stored value, has no cash value, and cannot be exchanged, transferred, or redeemed for cash. One promotional code may be applied per order. Codes may carry conditions (a minimum order amount, an expiry date, a store or usage limit), and we may modify, suspend, or withdraw a code at any time before it is redeemed. Sales tax is calculated on the discounted amounts you actually pay. If an order using a code is refunded, we refund what you actually paid; the code itself is consumed by the purchase and is not reissued.

8. Shipping & Delivery

All merchandise is produced on demand and shipped by our fulfillment partner. Estimated delivery times are provided at checkout. We are not responsible for delays caused by carriers or customs processing.

9. Returns & Refunds

If your order arrives damaged or defective, please contact us at hello@overtone.art within 14 days of delivery with photos of the issue. We will arrange a replacement or refund at our discretion. Due to the print-on-demand nature of our products, we generally cannot accept returns for change of mind.

10. Bonus Rewards & Referrals

We may credit your account with promotional “bonus” balance — for example when someone buys through a link you shared, when a design of yours sells, or as a goodwill gesture. Bonus is a discount we choose to offer, not money you have paid us, and it works as follows:

  • Not cash. Bonus has no cash value, cannot be exchanged for cash, withdrawn, transferred, sold, or combined with another person’s account, and is not a gift card, stored value, or a deposit. It can only reduce what you pay on Overtone.Mood.
  • Expiry. Each bonus amount expires 12 months after it is credited. Amounts are used oldest-first, and expired bonus is forfeited.
  • Earned only on completed, paid orders. Referral rewards are calculated on the shared item’s own order lines, at the rate shown when you share, subject to the per-order limit shown there. Sharing your own link to yourself, buying from an account or address associated with the sharer, or any attempt to create accounts or orders to generate rewards earns nothing.
  • Reversal. If the order a reward came from is refunded, cancelled, or charged back, we reverse the corresponding bonus in proportion to the amount returned — a full refund reverses the whole reward, a partial one reverses that share. If it has already been spent, the balance may go to zero and the outstanding amount may be recovered from later rewards.
  • Applied before tax. Where bonus reduces the price of an order, sales tax is calculated on the reduced amount, as with any other discount.
  • Closure and changes. Unused bonus is forfeited if your account is closed or terminated. We may change the earning rates, limits, or expiry period, or discontinue the programme, at any time; changes apply going forward and do not shorten the expiry of bonus already credited. We may withhold or void bonus obtained through fraud, abuse, or breach of these Terms.

11. AI Credits

Credits are prepaid units used to generate designs in Make Me Art. They are separate from bonus balance and from any order you place.

  • Credits can only be used to generate designs on Overtone.Mood. They have no cash value, are not transferable between accounts, and cannot be exchanged for cash.
  • The number of credits a generation costs depends on the options you choose and is shown before you generate. We may change credit pack prices and per-generation costs; changes apply to future purchases and generations.
  • Credits do not expire, but unused credits are forfeited if your account is closed or terminated.
  • If a generation fails for technical reasons, or is declined by our content checks before any image is produced, the credits are returned to your balance automatically. If a design is held for review and then rejected, we return the credits it used.
  • Credit purchases are otherwise final and non-refundable, except where a refund is required by law.
  • If a credit purchase is reversed by your bank or card issuer — a chargeback — we remove the credits that purchase added. If you have already spent some of them, your balance goes to zero and the remainder stays outstanding against your account.

12. Intellectual Property

All artwork, designs, images, text, logos, and other content on the Site are owned by Overtone Art LLC or its artists and are protected by copyright and other intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without prior written permission.

13. User Conduct

You agree not to:

  • Use the Site for any unlawful purpose
  • Attempt to gain unauthorized access to any part of the Site
  • Interfere with or disrupt the Site or its servers
  • Scrape, copy, or harvest content without permission
  • Impersonate another person or entity

14. AI-Generated Designs & Your Uploads

Some features let you upload a photo to create a custom AI-generated design for merchandise. When you use them:

  • You confirm you have the right to use every photo you upload. If a photo shows another person, you confirm you have their permission to use their likeness on AI-generated, commercially-sold merchandise. Do not upload photos of celebrities, logos, or any content you do not own or have permission to use.
  • You grant Overtone Art LLC and our production partners the permission needed to use your uploaded photo and the resulting design to create and fulfill the order you place.
  • AI-generated designs are produced automatically and provided “as is.” Results vary and may not precisely match your photo or expectations; on-screen previews are watermarked guides, not the final printed product.
  • We may decline to generate, or refuse to produce, any design that we believe violates these Terms or the rights of others.

What you may not upload. Do not upload:

  • Anything you do not own or do not have permission to use.
  • Photos of celebrities, public figures, or any other identifiable person who has not agreed to appear on merchandise.
  • Brands, logos, trademarks, or characters and artwork belonging to someone else.
  • Sexual, pornographic, or otherwise explicit content.
  • Any sexual, suggestive, nude, or intimate content involving a minor — under no circumstances, in any form.
  • Hateful, harassing, or violent content, including content that attacks or degrades people for who they are.

Uploads and generated designs are screened before anything is printed, but screening is not perfect and it does not shift responsibility for what you upload away from you. If you break these rules we may cancel the order, remove the design, suspend your access to the feature, or close your account. Where we pull a design from an order you have already paid for, and that item has not already shipped, we refund it. A refund is reviewed and issued by a person, so allow a few business days for it to reach your original payment method.

Logos, brand names and trademarks you upload. Some features let you build branded merchandise for a business or team from a logo, a name and a few words you supply. When you do, you warrant that you own those marks or are authorized by their owner to put them on merchandise that is produced and sold, and you agree to indemnify Overtone Art LLC and our production partners against any claim that they were not. Do not build a store for a business you are not authorized to act for. We may remove any store, cancel any order and close any account where that warranty turns out to be untrue, and we will act on a report from a rights holder under our Notice & Takedown process.

You get no exclusive rights in a generated design. In January 2025 the U.S. Copyright Office concluded that material generated wholly by AI is generally not protected by copyright, and that writing a prompt on its own does not make you the author of what comes back. So we cannot give you exclusive rights in an AI-generated design, and you should not assume you hold any: another customer may later generate a design that looks similar, or effectively identical, from the same style. You keep whatever rights you already had in the photo you uploaded, and you are free to buy and use the merchandise you order. This is a plain description of how the feature works — it is not legal advice about your situation.

If a design on the Site uses your photo, your work, or your likeness without your permission, tell us. Our Notice & Takedown page explains how to report it and what we do about it.

15. Reporting Infringement or Abuse

If content on the Site infringes your copyright, uses your name or likeness without your permission, or shows you in intimate imagery you never agreed to share, our Notice & Takedown page sets out how to report it, what a valid notice needs to contain, and how quickly we act. Send every notice to hello@overtone.art. We remove or disable reported content on a valid notice, and we terminate the accounts of repeat infringers.

16. Indemnity

You agree to indemnify and hold harmless Overtone Art LLC, its owners, employees, and production partners from any third-party claim, demand, loss, or expense — including reasonable legal fees — arising out of content you upload, a design you generate or order, your use of the Site, or your breach of these Terms or of anyone else’s rights, including copyright, trademark, privacy, and rights of publicity.

We will tell you about any such claim, and you may take over its defense; we may take part in it with counsel of our own choosing. Please do not settle a claim in a way that places an obligation on us without our written agreement. This section continues to apply after your account is closed. Nothing here removes a right you have under consumer protection law that cannot be waived.

17. Limitation of Liability

To the maximum extent permitted by law, Overtone Art LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Site. Our total liability for any claim shall not exceed the amount you paid for the specific product giving rise to the claim.

18. Disclaimer of Warranties

The Site and all products are provided “as is” and “as available” without warranties of any kind, either express or implied. We do not warrant that the Site will be uninterrupted, error-free, or free of viruses or other harmful components.

19. Third-Party Services

The Site may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of third-party sites. Use of third-party services is at your own risk and subject to their respective terms.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of Mecklenburg County, North Carolina.

21. Contact

Questions about these Terms? Contact us at hello@overtone.art.