Terms of Service

These Terms of Service ("Terms") govern your access to and use of Phossil AI ("Service"), provided by Phossil AI ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy.

1. User Content License

You retain full ownership of your photos. By uploading photos or other content ("User Content") to Phossil AI, you grant us a limited, non-exclusive, royalty-free license to host, store, process, analyze, and display your User Content solely for the purpose of providing the Service to you and the family members you invite.

This license includes the right to:

• Store your photos securely on our servers and third-party cloud infrastructure.
• Process your photos using artificial intelligence to detect faces, estimate dates, and generate metadata.
• Display your photos within your private account and to users you have explicitly granted access.
• Create derivative works such as thumbnails and "Live Photo" animations at your request.

This license terminates when you delete your User Content or your account. We do not claim any ownership rights over your User Content.

2. Acceptable Use

You agree to use Phossil AI only for lawful purposes and in accordance with these Terms. Specifically, you agree not to upload or transmit:

• Illegal content: Any content that violates applicable local, state, national, or international law.
• Explicit or inappropriate content: Nudity, sexually explicit material, or content depicting violence or abuse.
• Photos without consent: Photographs of individuals for whom you do not have legal authority to consent to biometric data collection, where such consent is required by applicable law. You represent and warrant that you have obtained all necessary consents from individuals depicted in your photos, or that you have legal authority to consent on their behalf (such as for family members or minor children in your care), or that such consent is not required under applicable law.
• Infringing content: Content that infringes on the intellectual property rights of others.
• Malicious content: Viruses, malware, or any code designed to disrupt or harm the Service or other users.

You are solely responsible for ensuring that your use of the Service complies with all applicable laws, including any requirements to obtain consent from individuals whose photos you upload.

3. AI Disclaimer

Our AI features are probabilistic tools designed to assist you, not replace human judgment.

Phossil AI uses artificial intelligence and machine learning technologies to:

• Estimate the dates when photographs were taken based on visual analysis.
• Detect and group faces to help organize photos by person.
• Generate descriptive metadata and captions.

We do not guarantee 100% accuracy. AI-generated estimates, identifications, and metadata may contain errors. Date estimations are approximations based on visual cues such as clothing, technology, and apparent ages, and may be incorrect by years or even decades.

Phossil AI is not liable for any errors, inaccuracies, or omissions in AI-generated content, including but not limited to incorrect date estimates, misidentified individuals, or inaccurate descriptions. You should independently verify any information that is important to you.

4. Account Termination

We reserve the right to suspend or terminate your account and access to the Service, with or without notice, for any of the following reasons:

• Violation of these Terms of Service.
• Uploading prohibited content as described in Section 2.
• Engaging in fraudulent, abusive, or illegal activity.
• Non-payment of optional platform-access renewal fees (for collections past their included first year that have not purchased the one-time access buyout).
• Extended inactivity (accounts inactive for more than 3 years may be subject to deletion).

Upon termination, your right to use the Service will immediately cease. We may, but are not obligated to, provide you an opportunity to retrieve your User Content before deletion.

5. Purchases, Refunds & Billing

Phossil tiers (Personal, Family, Dynasty), credit packs, capacity top-ups, and the $200 platform-access buyout are one-time purchases. The only recurring charge we offer is optional $50/year platform access, which applies after the first year included with your tier and stops the moment you cancel or purchase the buyout. Dynasty includes platform access permanently with nothing more to pay.

14-day refund window. Tier purchases and the platform-access buyout may be refunded in full within 14 days of purchase. Contact us at the address in Section 9 and we will process the refund to your original payment method. Credit packs (Living Portraits and Touch-ups) are refundable while their credits are unconsumed, within the same 14-day window. Credits never expire to use; the window applies only to refunds.

If you have already used credits that came with a refunded purchase, the used credits are deducted from your remaining credit balance (which may go negative until topped up); we never reduce the cash amount of your refund.

All payments are processed by Stripe. We do not store full payment card numbers on our servers.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOSSIL AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF PROFITS, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

Our total liability for any claims arising under these Terms shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

7. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the revised Terms.

8. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

9. Contact Us

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