Terms of Service for Art of X

Last Updated: October 15, 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.
Flows: 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 Flows 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.

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. The user must only submit: (i) information they have the right to use; (ii) links or content that are publicly available or otherwise authorized for such use; and (iii) must not submit unlawful, sensitive (e.g., health, political views), or data about minors. Art of X / Art of X UG only provides tooling that processes publicly available information; 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 Flows 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., flows/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. Our services also use cookies as further detailed in our Privacy Notice. By using the services, the user acknowledges and understands such processing as described in our Privacy Notice.

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. Right of Withdrawal (EU Consumers)

EU consumers have the statutory right to withdraw from contracts within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of contract conclusion.

Withdrawal Instructions:

To exercise your right of withdrawal, you must inform us (Art of X UG (haftungsbeschränkt), Goethestr. 59, 10625 Berlin, Germany, Email: [email protected]) of your decision to withdraw from this contract by a clear statement (e.g., a letter sent by post or email).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of Withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (with the exception of supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

Early Performance:

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated to us your withdrawal from this contract, in comparison with the full coverage of the contract.

Expiry of Right of Withdrawal:

The right of withdrawal expires in the case of a contract for the provision of services if we have fully performed the service and only began performance after you gave your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal upon complete performance of the contract by us.

19. Governing Law and Venue

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive venue is Berlin, Germany, except where mandatory law provides otherwise for consumers.

For consumers: Mandatory legal provisions of the country in which the consumer has their habitual residence remain unaffected.