Terms of Service for art ×

Last Updated: 11. September 2025

By creating an account or using the services, the user agrees to these Terms of Service ("Terms"). If the user does not agree, the services should not be used.

1. Who We Are

We are art × — Art of X UG (haftungsbeschränkt), Goethestr. 59, 10625 Berlin, Germany.

2. The Services

We provide tools for creativity and AI-assisted workflows. Core features include:

• User Accounts: For managing personal data and content.
• Rooms: Collaborative workspaces where users can organize ideas and work with AI assistants on creative tasks.
• Sparks: A gallery of AI creative companions with unique personalities and skills, including system, premium, and community-shared Sparks.
• My Sparks: Tools for users to create, train, and share their own personal AI models.
• Content Uploads: The ability to upload voice, text, and image content for use in Rooms and for AI training.
• Sharing: Features to share Sparks and content with others.

A more detailed description of the services is available in our user guide. The services may change or be discontinued at any time.

3. Eligibility & Accounts

• Users must be at least 18 years old.
• The user is responsible for their account and for keeping credentials confidential.
• We may suspend or terminate accounts for violations of these Terms or applicable law.

4. Acceptable Use

The user will not: (a) violate law or third-party rights; (b) upload illegal, harmful, or infringing content; (c) attempt to gain unauthorized access or disrupt the services; (d) reverse engineer or misuse the services or APIs; (e) spam or abuse sharing features.

When using automated collection features (including auto setup for Sparks), the user confirms they have all necessary rights and permissions to collect, process, and reuse information about each submitted person or entity. art × / Art of X UG only provides tooling; the user remains solely responsible and liable for the data they choose to collect, store, or process through the services.

5. User Content and License

• The user retains ownership of content uploaded or created ("User Content").
• The user grants us a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, store, copy, modify, process, analyze, display, and distribute User Content as necessary to provide, improve, secure, and operate the services (including backups, content moderation, embeddings, and model evaluation), and to comply with law.
• If content is shared publicly or with others, the user grants us the rights necessary to deliver that sharing.
• The user represents that they have all rights to grant the foregoing and that their User Content does not infringe rights or violate law.

6. AI Features and Model Training

• We use third-party AI providers (e.g., OpenAI) to process prompts, generate outputs, and create embeddings. Use of AI features may be subject to those providers’ terms and policies.
• User interactions (including prompts, files, metadata) may be used for model quality, safety, and evaluation in accordance with our Privacy Notice and these Terms.
• Users can opt-in to contribute their User Content to improve generalized datasets and models. If a user does not opt in, their User Content will not be included in generalized model training. Content created within a team account or shared in team-specific Rooms is automatically excluded from training general models.
• Outputs are generated content; they may be inaccurate or inappropriate. The user is responsible for evaluating and using outputs.

7. Payment, Plans, and Billing (Stripe)

• We offer a free tier and a paid subscription ("Premium"). Plan limits may apply (e.g., rooms/sparks).
• Subscriptions are billed via Stripe. By subscribing, the user authorizes recurring charges until cancellation.
• Prices, taxes, and features may change. Users will be notified of material changes as required by law.
• The subscription can be managed or canceled at any time via the billing portal. Cancellation takes effect at the end of the current billing period; no refunds for partial periods unless required by law.
• We may offer promotions or trials; additional terms may apply.

8. Intellectual Property; Feedback

• We and our licensors own all rights in the services, software, documentation, and models (excluding User Content).
• By providing feedback, the user grants us a perpetual, irrevocable, royalty-free license to use said feedback to improve the services.

9. Privacy and Security

• We use Supabase and other providers for authentication and storage. We implement reasonable technical and organizational measures to protect data. No system is 100% secure.
• The processing of personal data is described in our Privacy Notice. By using the services, the user consents to such processing.

10. Data Retention, Deletion, and Model Unlearning

• A user may request deletion of their account and associated User Content. The data will be deleted from active systems and backups in accordance with our retention schedules and legal obligations.
• After deletion, the user's data will not be used for training new generalized models. For existing models, we will take reasonable steps to prevent future use of the data (including retraining or suppression) where technically and commercially feasible.

11. Third-Party Services

Third-party services (e.g., Stripe, AI providers, storage/CDN) are subject to their terms and privacy policies. We are not responsible for third-party services.

12. Beta, Experimental, and Availability Disclaimer

The services are offered on an "AS IS" and "AS AVAILABLE" basis, including experimental or beta features. We do not warrant accuracy, reliability, uptime, or fitness for a particular purpose.

13. Limitation of Liability

To the maximum extent permitted by law: (a) we will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages; and (b) our total liability for any claim will not exceed the amounts paid to us by the user in the 12 months preceding the event giving rise to the claim, or €50 if the user has paid nothing.

14. Indemnity

The user will defend and indemnify us against claims arising from their User Content, their use of the services, or their violation of these Terms or law.

15. Suspension and Termination

We may suspend or terminate accounts or access for any breach, risk to the services, fraud, or legal requirement. A user may stop using the services at any time.

16. Changes to the Services or Terms

We may modify the services and these Terms. If we make material changes, users will be provided notice (e.g., in-app or email). Continued use after changes constitutes acceptance.

17. Export and Sanctions

The user represents they are not prohibited from using the services under applicable export control and sanctions laws and will not use the services in restricted jurisdictions.

18. Governing Law and Venue

These Terms are governed by the laws of Germany. Exclusive venue is Berlin, Germany, except where mandatory law provides otherwise for consumers.

19. Contact

Questions: hello@art-of-x.com