Terms of Service

Agreement to Terms

These Terms of Service ("Terms") govern your use of Data Advantage LLC's Art TV AI-powered digital art generation platform and related services ("Service"). By accessing or using our Service, you agree to be bound by these Terms.

If you disagree with any part of these terms, you may not access the Service.

Service Description

Data Advantage LLC provides Art TV, an AI-powered platform for generating custom digital artwork optimized for television displays. Our services include:

• Text-to-image AI art generation using OpenAI's GPT-Image-1 model
• Image-to-image transformation and style transfer capabilities
• AI-powered prompt enhancement using GPT-4.1
• TV-optimized image cropping and display features
• Premium 4K upscaling using Fal.ai's clarity-upscaler
• Personal gallery management and organization tools
• Subscription-based access with multiple tier options

Account Registration and Eligibility

• You must be at least 13 years old to use our Service
• Account registration is handled through Clerk authentication
• You are responsible for maintaining the security of your account credentials
• You must provide accurate and complete information during registration
• One account per person - multiple accounts are not permitted
• You are responsible for all activities that occur under your account

Subscription Plans and Billing

Available Plans

Billing Terms

• Billing is processed through Clerk Billing and Stripe
• Monthly subscriptions renew automatically on the same day each month
• Annual subscriptions renew automatically after 12 months
• Credits accumulate and roll over month-to-month while subscription is active
• Both Basic and Pro subscribers maintain credit rollover as long as subscription continues
• Failed payments may result in service suspension
• You can cancel your subscription at any time through your account billing portal
• When your subscription expires or is cancelled, your remaining balance will be reset to $0.00
• Credits cannot be refunded or transferred after subscription termination

Usage-Based Pricing

Art TV operates on a transparent, consumption-based model where costs are clearly displayed before each generation:

• Costs are deducted from your balance in real-time
• Failed generations result in automatic refunds
• No additional fees beyond displayed generation costs
• Balance tracking is available in your account dashboard

Acceptable Use Policy

Permitted Uses

• Generate original artwork for personal, commercial, or artistic purposes
• Create content for home decoration, digital displays, and TV art galleries
• Use reference images that you own or have permission to use
• Share and distribute your generated artwork as desired

Prohibited Uses

• Generate content that is illegal, harmful, or violates others' rights
• Create sexually explicit, violent, or inappropriate content
• Use copyrighted images as references without proper permission
• Attempt to reverse engineer or duplicate our AI models
• Use automated tools to generate content beyond normal usage
• Resell or redistribute our Service to third parties
• Create content that promotes hate speech, harassment, or discrimination
• Generate deepfakes or misleading representations of real individuals

Content Moderation

All text prompts and uploaded images must pass OpenAI's moderation endpoint before being accepted for processing.Content that fails moderation will be rejected and no charges will be incurred.

• Every text prompt and reference image is automatically screened using OpenAI's omni-moderation-latest model
• Content flagged for sexual, violent, hateful, harassing, or harmful material will be immediately blocked
• Rejected content will not proceed to generation and no balance will be deducted
• Users will receive clear error messages explaining why content was rejected
• We reserve the right to remove content that violates our policies
• Repeated attempts to submit flagged content may result in account suspension
• Users can report content that may have bypassed moderation

Intellectual Property Rights

Your Content

• You retain ownership of prompts and reference images you provide
• You own the rights to artwork generated through our Service
• You grant us the right to process your content to provide our services
• You are responsible for ensuring you have rights to any reference images used

Our Platform

• Art TV and its technology are protected by intellectual property laws
• You may not copy, modify, or create derivative works of our platform
• Our name, logo, and branding are our exclusive trademarks
• We may use aggregated, anonymized data for research and development

Service Availability and Reliability

• We strive to maintain high service availability but cannot guarantee 100% uptime
• Scheduled maintenance will be announced in advance when possible
• Generation processing times may vary based on system load and complexity
• Failed generations will result in automatic balance refunds
• We reserve the right to implement usage limits to ensure fair access

Refund Policy

• Balance costs for failed generations are automatically refunded
• Subscription fees are generally non-refundable
• Unused credits are not refundable when subscription expires or is cancelled
• Refunds may be considered for technical issues preventing service use
• Contact support for refund requests within 30 days of billing
• Refund decisions are made at our sole discretion

Account Termination

By You

• You may cancel your subscription at any time through the billing portal
• You may request complete account deletion by contacting support
• Upon cancellation or expiration, your remaining balance will be reset to $0.00
• Credits are forfeited when subscription ends, regardless of reason

By Us

• We may suspend or terminate accounts for policy violations
• Repeated abuse or illegal activity will result in permanent termination
• We reserve the right to discontinue service with reasonable notice
• Users will be notified of termination reasons when possible

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DATA ADVANTAGE LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR OTHER INTANGIBLE LOSSES.

Our total liability to you for any claim arising from these Terms or your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via email or platform notification. Continued use of the Service after changes constitutes acceptance of the updated Terms.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Data Advantage LLC is incorporated, without regard to conflict of law principles.

Contact Information

If you have any questions about these Terms of Service, please contact us: