Back

Terms of Service

Ad Machine

Last Updated: December 15, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you," "User"), and Sparky Art House LLC, a Texas limited liability company, doing business as /Imagine ("Company," "we," "us," or "our"), governing your access to and use of Ad Machine, the Company's software-as-a-service platform, including any related websites, applications, tools, features, APIs, and content (collectively, the "Service").

1. Agreement to Terms

BY ACCESSING, REGISTERING FOR, OR USING THE SERVICE, OR BY CLICKING "I AGREE," YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND MUST DISCONTINUE USE IMMEDIATELY.

If you are using the Service on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.

2. Eligibility

You must be at least 18 years old and have the legal capacity to enter into this agreement. The Service is not intended for minors.

3. Intellectual Property Rights

3.1 Ownership of the Service

The Service, including all software, source code, architecture, workflows, databases, functionality, user interfaces, designs, text, graphics, audio, video, and all related intellectual property (collectively, the "Service Content"), as well as all trademarks, service marks, and logos ("Marks"), are owned by or licensed to the Company and are protected by U.S. and international intellectual property laws.

Except as expressly permitted, no rights are granted to you in the Service Content or Marks.

3.2 User Content: Input and Output

Input. You retain all right, title, and interest in any text, images, prompts, brand assets, or other materials you upload or submit to the Service ("Input").

Output. Subject to your compliance with these Terms and payment of all applicable fees, the Company hereby assigns to you all right, title, and interest it may have, if any, in the AI-generated content produced by the Service based on your Input ("Output").

License to Company. You grant the Company a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, and sublicensable license to use, process, store, reproduce, modify, and display your Input and Output solely for the purposes of operating, maintaining, securing, supporting, and improving the Service.

3.3 Similarity of Output

Due to the nature of artificial intelligence and machine-generated content, the Service may generate identical or similar outputs for multiple users. You acknowledge and agree that:

  • Output is not guaranteed to be unique
  • Similar Output generated for other users does not constitute your Output
  • No exclusivity is promised or implied

4. User Representations and Warranties

You represent and warrant that:

  • You have the legal capacity and authority to enter into these Terms
  • You will comply with all applicable laws, regulations, and platform policies
  • You own or have all necessary rights, licenses, consents, and permissions to provide Input
  • Your use of the Service will not infringe or violate any third-party rights
  • You will not use the Service for any unlawful, deceptive, or harmful purpose

5. Prohibited Uses

You may not use the Service to:

  • Generate defamatory, obscene, pornographic, hateful, violent, or exploitative content
  • Promote self-harm, illegal activity, or harassment
  • Create deepfakes or realistic depictions of identifiable individuals without explicit written consent
  • Infringe copyrights, trademarks, patents, or other intellectual property rights
  • Reverse engineer, decompile, disassemble, scrape, or attempt to derive the source code or models
  • Use the Service to build or train competing products or AI systems
  • Circumvent usage limits, token systems, or pricing mechanisms

Violation may result in immediate suspension or termination.

6. Fees, Billing, and Subscriptions

6.1 Subscription Billing

The Service is offered on a subscription basis. Fees are billed in advance on a recurring basis (monthly or annually), depending on your selected plan.

6.2 Cancellation

You may cancel your subscription at any time. Cancellation becomes effective at the end of the current billing period. No refunds are provided for partial periods, unused tokens, or unused features.

6.3 Pricing Changes

We reserve the right to modify pricing, plans, or usage limits with reasonable notice. Continued use after changes constitutes acceptance.

7. Artificial Intelligence Disclaimers

You acknowledge and agree that:

  • AI-generated content may be inaccurate, incomplete, misleading, or inappropriate
  • Output may contain factual errors or "hallucinations"
  • The Company makes no guarantees regarding accuracy, legality, performance, or non-infringement
  • You are solely responsible for reviewing, validating, and ensuring compliance before use

THE SERVICE IS NOT A SUBSTITUTE FOR LEGAL, MARKETING, OR PROFESSIONAL REVIEW.

8. Service Availability

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not guarantee uninterrupted operation or 100% uptime. Downtime may occur due to maintenance, third-party services, or factors beyond our control.

9. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ERROR-FREE OPERATION.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

THE COMPANY'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates from and against any claims, damages, liabilities, losses, and expenses (including attorneys' fees) arising from:

  • Your Input or Output
  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any law or third-party rights

12. Dispute Resolution & Arbitration

12.1 Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law principles.

12.2 Binding Arbitration

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration shall be Dallas, Texas.

12.3 Class Action Waiver

YOU AND THE COMPANY AGREE THAT ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION.

13. Termination

We may suspend or terminate your access at any time for violation of these Terms or if your use presents legal or operational risk. Upon termination, your right to access the Service ceases immediately.

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.

14. Changes to Terms

We may update these Terms from time to time. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

15. Contact Information

Sparky Art House LLC, dba /Imagine
Email: support@admachine.xyz