Terms of Service

1. Who we are

Phosphene is operated by Phosphene Inc. ("Phosphene", "we", "us", or "our"). These Terms govern access to phosphene.cc, our image-generation tools, subscriptions, credits, galleries, and related services (the "Service").

2. Acceptance of terms

By creating an account, using the Service, or purchasing a subscription or credit pack, you agree to these Terms, our Privacy Policy, and our Refund Policy. If you do not agree, do not use the Service.

3. Eligibility and accounts

• You must be at least the age of majority in your jurisdiction to use the Service.
• You are responsible for safeguarding your account credentials.
• You must provide accurate and current account and billing information.
• You may not share, resell, or transfer your account without our written approval.

4. Credits, subscriptions, and billing

• Credits are digital units used to generate images and have no cash value.
• Credits are non-transferable and for use only inside the Service.
• Subscription credits are added after each confirmed billing period.
• Paid credits remain available until used, subject to refunds and these Terms.
• Credit packs are one-time purchases and do not renew automatically.
• Subscriptions renew automatically until canceled before the next renewal date.
• Taxes may be calculated and added at checkout depending on your location.
• Web subscriptions are managed through Creem. Subscriptions purchased in the iOS app are managed through your App Store account.

5. Payment providers

Web orders are processed by Creem, our authorized reseller and merchant of record. Creem may collect payment details, calculate and remit applicable taxes, issue receipts, provide buyer support for payment-related questions, and process approved refunds or transaction adjustments. Purchases made in the iOS app are processed by Apple through the App Store; Apple handles payment details, App Store receipts, subscription billing, cancellation, and refund decisions for those purchases. Phosphene remains responsible for the Service and can help reconcile account or credit issues after either provider processes a transaction. Your use of the Service remains governed by these Terms.

6. Acceptable use

You agree not to use the Service to create, upload, request, publish, or distribute:

• Illegal, infringing, deceptive, fraudulent, or harmful content.
• Content that violates third-party rights, including intellectual property, privacy, publicity, or likeness rights.
• Sexual content involving minors or any exploitative, abusive, or harassing content.
• Any adult, pornographic, sexually explicit, sexually suggestive, or other NSFW visual content, including attempts to generate, edit, transform, upload, publish, or distribute such content.
• Non-consensual intimate imagery, impersonation, deepfakes, face swaps, or realistic depictions of private people without appropriate rights and consent.
• Content that promotes violence, self-harm, illegal goods or services, hate, extremist activity, or regulated goods in violation of applicable law or platform rules.
• Attempts to bypass safety systems, rate limits, authentication, payment controls, or provider restrictions.

7. User content and AI outputs

• You retain ownership of your inputs and outputs, subject to third-party rights.
• You grant Phosphene a limited license to host, process, transform, display, and store content as needed to operate, secure, improve, and support the Service.
• AI outputs may be inaccurate, unexpected, or similar to other outputs. You are responsible for reviewing outputs before use.
• Commercial use is allowed only where your plan includes it and where your inputs, outputs, and downstream use comply with these Terms and applicable law.

8. Service availability and changes

We may modify, suspend, or discontinue parts of the Service, models, pricing, credit values, or usage limits. We will attempt to provide reasonable notice when practical.

9. Termination

We may suspend or terminate your access if you violate these Terms, misuse the Service, create payment risk, or expose Phosphene, Creem, our providers, or other users to legal, security, or operational risk.

10. Disclaimers

The Service and AI outputs are provided "as is" and "as available" without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

11. Limitation of liability

To the maximum extent permitted by law, Phosphene will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or business interruption arising from use of the Service.

12. Contact and buyer support

Product, account, and billing support: [email protected]. Target first response: First response within 24 hours on weekdays.

You can also use our billing support form.