Terms of Service
Service name: Phoxel
Operator: Maksym Soloviov, sole proprietor (FOP) registered in Ukraine
Website: https://phoxel.app
Contact: hello@phoxel.app
Phoxel is a brand operated by Maksym Soloviov, an individual entrepreneur (Фізична особа-підприємець / FOP) registered in Ukraine. Registration number and registered business address are available on written request to hello@phoxel.app.
These Terms of Service ("Terms") form a binding agreement between you and Maksym Soloviov FOP (the operator of Phoxel). By accessing or using the Service, you agree to these Terms. References in these Terms to "Phoxel", "we", "us", or "our" refer to the operating sole proprietorship described above. Please read these Terms carefully.
1. The Service
Phoxel provides AI-powered photo generation on a pay-as-you-go basis. You purchase credits in advance and spend them by generating images from your reference photos for a chosen niche. Niches fall into two groups. Subject niches (pet portraits, product photos, vehicle photos, food photos, clothing photos, real estate staging, vacation-rental photo enhancement, property-exterior enhancement, logo mockups, and similar) work on photos with no people in them: every reference photo in these niches is automatically screened on upload and refused if a person appears in it, and generations are configured to exclude people from the output. Portrait niches (headshots, dating and yearbook portraits, professional and team portraits, wedding and graduation portraits, family photo merge, memorial portraits, photo restoration and colorization, tattoo previews, painted portraits, and similar) work on photos of people: the reference photos are photos of you, or of people who have given you their consent (see Section 4), and every generation is configured to preserve the real likeness of the people in your references - not to invent or substitute a different person. Credits are deducted per generated photo at the rate shown in the app at the time of generation; failed generations are not charged. All prices are in US Dollars (USD).
2. Accounts
- You need to register an account to use the Service, either with an email address and password or by signing in with Google. We do not currently offer a guest mode.
- You are responsible for maintaining the security of your account credentials and for any activity on your account.
- You confirm that you are at least 16 years old, or the age of digital consent in your jurisdiction, whichever is higher.
3. Credits and Payments
- Credits are purchased in advance and deducted per generated photo. Each delivered photo deducts the credit price shown in the app (currently 10 credits per photo). A generation that fails (or is rejected by the upstream model for safety reasons) does not consume a credit.
- Credits do not expire.
- Free previews. A new account receives a one-time allowance for its first photos once the email address is confirmed (currently 2 photos). Photos generated before your first purchase are delivered as watermarked preview images at reduced resolution (currently up to 1024 pixels on the long side). Your first credit purchase of any size unlocks the full-resolution files of all of those photos. If that purchase is refunded, the photos it unlocked return to watermarked previews. The free allowance is limited to one per person; creating additional accounts to obtain it again is not permitted.
- Payments are processed by Whop, Inc. ("Whop"), which acts as Merchant of Record for transaction taxes. Whop handles the transaction, applicable taxes (VAT, sales tax) and invoicing.
- Refunds are governed by our Refund Policy.
4. Acceptable Use
You agree to use the Service only for content you have the right to create. Specifically, you will not:
- Upload reference photos of any person without their explicit consent. For minors, the parent or legal guardian must consent, and you must not generate images that sexualise or endanger a minor.
- Create deepfakes, face-swaps, or any synthetic media depicting a real, identifiable person - including any public figure or celebrity - without that person's explicit authorisation. Phoxel produces stylised images of the reference subject only; it does not offer face-swapping onto other people, bodies, or scenes.
- Use a person's likeness or voice to impersonate them, or to mislead others about their identity.
- Generate photos that impersonate a real, identifiable person for the purpose of deception, fraud, harassment, defamation, or non-consensual sexual imagery.
- Generate, request, or upload content that is illegal in your jurisdiction, sexually explicit, depicts minors in a sexual context, depicts real-world violence, or constitutes hate speech.
- Use the Service to infringe third-party intellectual property rights, including by replicating a copyrighted style or likeness in a way that violates the rightsholder's exclusive rights.
- Attempt to bypass safety filters, content moderation, or rate limits on either our side or upstream model providers.
We reserve the right to suspend or terminate accounts that violate these rules, refund or void unused credits at our discretion, and report unlawful content to the relevant authorities.
5. Ownership of Generated Photos
Subject to your compliance with these Terms and the policies of our upstream model providers, you own the photos you generate through the Service. Until a photo is unlocked (see Section 3), what you receive is a watermarked preview: you may view and share it for personal purposes, but you may not remove, crop out, or otherwise obscure the watermark. You may use them for personal projects, professional profiles, advertising, prints, and most commercial use. You retain responsibility for ensuring your use of generated photos complies with applicable laws, and for holding the rights to the subject in the reference photos you upload.
6. Accuracy and Disclaimer
Image generation is performed by third-party AI models hosted on Replicate (currently including Google's Nano Banana Pro and Black Forest Labs' FLUX 2 max; the specific model selected for any given pack may change over time). AI image generation is inherently probabilistic: outputs may contain artifacts, inaccurate details, unintended elements, or subjects that do not closely resemble your reference photos. The Service is provided "as is" without warranties of any kind, express or implied.
7. Data and Privacy
Reference photos you upload are processed by us and transmitted to Replicate to generate your photos. Reference photos that are not attached to a project are automatically deleted from our storage after 24 hours. Generated photos are stored on our servers (Cloudflare R2) and remain available in your account until you delete the project they belong to. See our Privacy Policy for full details.
8. Service Availability
We aim for high availability but do not guarantee uninterrupted access. Scheduled maintenance, third-party outages (Replicate, Whop, Cloudflare, hosting providers), or unforeseen events may cause downtime or generation delays. We are not liable for losses caused by service interruptions.
9. Limitation of Liability
To the fullest extent permitted by law, our total liability arising out of or relating to the Service is limited to the amount you have paid us in the 12 months preceding the claim. We are not liable for indirect, incidental, or consequential damages.
10. Changes to Terms
We may update these Terms at any time. Material changes will be communicated via email (for registered users) or a banner on the website. Continued use of the Service after changes constitutes acceptance of the updated Terms.
11. Termination
You may stop using the Service at any time and delete your account from the dashboard. We may suspend your access if you violate these Terms. Upon termination, unused credits may be refunded subject to our Refund Policy.
12. Governing Law
These Terms are governed by the laws of Ukraine. Disputes shall be resolved in the courts of Ukraine, except where local consumer protection laws of your country of residence grant you stronger rights.
13. Contact
Questions? Email us at hello@phoxel.app.