Modern Daydream Terms of Service
Posted: October 24, 2025
This website and online store (the “Site”) are operated by Modern Daydream LLC (“Modern Daydream,” “we,” “us,” or “our”).
These Terms of Service (the “Terms”) govern your access to and use of the Site, and your purchase of any products or services we offer through it.
By visiting the Site or placing an order, you agree to these Terms and to any additional policies we reference (for example, our Privacy Policy). If you don’t agree, please don’t use the Site.
We may update these Terms from time to time by posting a revised version on this page. The updated Terms will apply from the date they’re posted. If you continue to use the Site after an update, that means you accept the changes. Any new features or tools added to the current store are also subject to these Terms. We’ll keep this page current so you can see what’s changed.
Our store is hosted by Shopify Inc., which provides the e-commerce platform that enables us to sell our products and services to you.
Eligibility & acceptable use
You must be the age of majority in your jurisdiction (or have parental consent) to use the Services. You agree not to use the Services for any unlawful purpose and not to upload or request content that:
- Infringes copyright, trademark, privacy, or publicity rights;
- Depicts illegal activity, hate symbols, or pornographic/exploitative content;
- Contains viruses or malicious code.
We may refuse or cancel orders for suspected fraud, abuse, chargeback risk, or prohibited content.
Changes to terms or services
We may update these Terms or the Services from time to time. The current Terms will always be posted on this page. Continued use after changes constitutes acceptance.
Products, pricing, and availability
We may change product details, pricing, and availability without notice. We make every effort to display colors and materials accurately, but your screen and handcrafted production can introduce minor variance.
We may cancel orders arising from pricing or availability errors, with a prompt refund. Minor color variation, paper/wood grain, brush/line character, or trim tolerance within industry norms are not defects.
Orders, payment & cancellations
We reserve the right to accept, refuse, or cancel any order at our discretion. We may also refuse or cancel orders we believe are fraudulent or at high chargeback risk, including repeat claims.
You may change or cancel your order within 60 minutes of purchase by contacting us at support@moderndaydream.com. After 60 minutes, requests are granted at our discretion because artists often begin interpreting and sketching right away.
Because each piece is custom-made, we do not accept returns or refunds after work has begun, except for damage/defects or our “missed brief” policy in Section 5.
Creative process, proofs & missed briefs
We create directly to preserve process, flow, and craft. Therefore, we do not offer a proof. If anything in your note or photo needs clarity, we’ll email before we begin.
What counts as a “missed brief”
A missed brief means we materially deviated from the style you selected or from the clear subject and composition called for by your photo and note.
What is not a missed brief (examples):
Subtle crop to preserve composition across sizes, tonal adjustments for print, or faithful interpretation where the original photo is low-detail or heavily filtered are not missed-brief cases.
Personal taste and preference are not grounds for a remake. Our artists may make subtle crop or tonal adjustments to protect composition and keep key subjects clear of frame edges.
If we truly miss the brief, we will remake the piece and replace the original.
Photo rights & minors
By uploading a photo, you represent and warrant that you have all rights and permissions needed to use it for a custom artwork, including permissions for any identifiable persons.
If your photo includes a minor, you represent you are the parent or legal guardian or otherwise have lawful consent.
We may decline or request a different photo if quality, rights, or content are a concern, or if we believe we can’t honor the moment well.
Shipping, timelines & risk of loss
Each piece is made to order. Standard delivery is typically 4–6 weeks from order placement. Priority Studio typically delivers in about 2–3.5 weeks when available. All timelines are estimates.
We ship to selected regions; rates and estimated timelines are shown at checkout. International orders may incur duties or taxes — these are the recipient’s responsibility.
Risk of loss transfers upon delivery by the carrier to the address you provided. Theft after delivery is not covered; we’ll help you file a carrier claim, but replacements are discretionary.
If your order arrives damaged, incorrect, or with a production defect, contact us at support@moderndaydream.com within 48 hours of the carrier’s delivery scan with photos of the issue and packaging. Upon approval, we’ll replace or re-ship.
Ownership of artwork & your license
The commissioned artwork and all reproductions are owned by Modern Daydream. We grant you a limited, non-exclusive, non-transferable, revocable license for personal use only to:
- Display the physical artwork at home or work;
- Share photos of it on your personal (non-commercial) social accounts;
- Make personal prints or gifts for family or friends;
- Use it on your personal devices.
Any other use requires Modern Daydream’s express written consent in advance. You may not sublicense, transfer, or assign this license.
Not allowed (without a separate written license):
Commercial or promotional use; resale; use in ads, brand campaigns, paid partnerships, or product lines; inclusion in stock libraries; creation of NFTs; or use to train or seed any AI/synthetic dataset.
We will not publicly display identifiable images of your artwork without your consent (unless anonymized). We will only use identifiable images in marketing if you opt in at checkout or provide consent by email or other written method.
Returns and refunds
Because each artwork is custom, all sales are final after the 60-minute change or cancel window. We do not accept returns due to preference changes. The exceptions are damage in transit, manufacturing defects, or a confirmed missed brief under Section 5.
Digital downloads (if purchased)
Add-on only: Digital files are offered only as an add-on to a physical artwork. We do not sell digital files separately.
To prevent abuse, your download unlocks 72 hours after the carrier’s delivery scan of your physical piece and after the 48-hour damage window closes.
If your order is canceled or refunded, any download link will be disabled and your personal-use license revoked. Retaining or sharing a refunded file is unlicensed.
You may use the digital file for personal purposes such as home printing, gifts to family or friends, personal devices, and social sharing (credit appreciated). No resale, no commercial use, no advertising, no merchandise for sale, no NFTs, and no use in training or seeding any AI system or dataset.
Promotions and credits
Promotional credits, discounts, or pilot redemptions are subject to stated terms, caps, and expiry dates. Credits have no cash value, are not transferable, and cannot be combined unless expressly allowed. Certain offers are available at checkout only and may not be extended post-purchase.
Third-party services
We may use third-party production and shipping partners to fulfill orders. Orders may be routed internationally when local capacity is limited; duties may apply.
We are not responsible for the acts or omissions of third-party sites or services linked from our Site. Review their terms and policies where applicable.
Duties and taxes are non-refundable.
Acceptable use
You agree not to misuse the Services. Prohibited uses include unlawful activity, infringement of others’ rights, attempting to interfere with the Site’s operation, uploading harmful code, scraping, or submitting content you do not have rights to submit.
Disclaimers and limitation of liability
The Site and all products are provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment.
To the fullest extent permitted by law, Modern Daydream will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or lost-profit damages arising out of or related to your use of the Site or products, even if advised of the possibility.
In jurisdictions that do not allow certain exclusions, our liability is limited to the maximum permitted by law. In all cases, our total liability for any claim will not exceed the amount you paid for the product that gave rise to the claim. These limits do not limit liability that cannot legally be limited.
Indemnity
You agree to indemnify and hold harmless Modern Daydream, its officers, directors, employees, agents, partners, and suppliers from any claim or demand (including reasonable attorneys’ fees) arising out of your breach of these Terms, your violation of any law or third-party rights, or your misuse of the Services.
Force majeure
We are not liable for failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, labor conditions, government acts, utility failures, carrier or supplier failures, or pandemics.
Disputes, arbitration & class-action waiver
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to conflicts principles.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Services shall be resolved by binding arbitration administered by JAMS under its applicable rules. The seat of arbitration will be Boston, Massachusetts, and proceedings will be in English. Judgment on the award may be entered in any court of competent jurisdiction.
You and Modern Daydream agree that any proceedings shall be conducted only on an individual basis and not in a class, consolidated, or representative action.
Either party may bring qualifying claims in small-claims court in Massachusetts.
Severability; no waiver; entire agreement; survival
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver.
These Terms, together with any policies referenced (including our Privacy Policy, which explains photo/file retention and deletion requests), are the entire agreement between you and Modern Daydream regarding the Services.
Survival: The following sections survive termination or fulfillment:
Ownership of artwork & your license; Digital downloads (if purchased); Promotions and credits; Third-party services; Acceptable use; Disclaimers and limitation of liability; Indemnity; Force majeure; Disputes, arbitration & class-action waiver; Severability; No waiver; Entire agreement; Survival.
Contact
Questions about these Terms or an order issue?