Terms and Conditions

Last Updated: 9 Feb 2025

1. Acceptance of Terms  

By accessing and using the Phogen App, you agree to be bound by these Terms and Conditions (“Terms”). If you do not agree, please do not use the App.

2. Description of Service  

Phogen is an iOS/iPadOS application developed by Nixes that allows users to:  

• Generate images and videos using AI generative models.  

• Upload files to train personal models.  

• Purchase credits (via consumable in-app purchases) for generating content or training models.

3. User Accounts and Authentication  

• Account Access: Users create accounts using Apple ID or Google ID.  

• No Personal Data: We do not collect or store personal information beyond what is required for authentication.

• Age Restriction: You must be 18 years or older to use this App.

4. In-App Purchases  

• Credit System: The App uses a credits system. Users purchase credit packs (consumable items) via Apple’s in-app purchase system.  

• No Recurring Billing: Payments are one-time purchases and billed via Apple. No recurring charges will be made without explicit user action.

5. User-Generated Content and Conduct  

• Content Upload: Users may upload files for training their own models.  

• Commercial Use: Any content generated by the App may be commercially used by you.  

• Ownership and Rights: By uploading content or generating images/videos, you confirm that you have all necessary rights and permissions.  

• Prohibited Conduct: You agree not to use the App in any harmful manner, including creating or training models that could harm others (e.g., by creating models of other persons without consent).  

• Liability for Content: The responsibility to ensure that you have the right to create, modify, or use the content lies solely with you. You must confirm that you have the rights for any content you upload or generate.

6. Intellectual Property and Disclaimers  

• Phogen and all associated branding are the trademarks of Nixes.  

• Third-Party AI Services: The App uses third-party AI services to generate content. Nixes is not liable for any inaccuracies or issues related to AI-generated outputs.  

• No Warranty: The App and all content generated by it are provided “as is” without warranties of any kind. Use of the App is at your own risk.

7. Data Use and Sharing  

• Analytics: We may use aggregated and anonymized usage data to improve the App.

• Legal Disclosures: We may disclose information if required by law or by a legal order, or in connection with a business transfer.

8. Limitation of Liability  

To the fullest extent permitted by applicable law, Nixes shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use the Phogen App, including issues or damages related to AI-generated content.

9. Indemnification  

You agree to indemnify and hold harmless Nixes and its affiliates from any claims arising from your use of the App or violation of these Terms.

10. Changes to Terms  

We may update these Terms and Conditions from time to time. Any changes will be communicated via the App Store. Your continued use of the App after updates constitutes acceptance of the new Terms.

11. Governing Law  

These Terms shall be governed by and construed in accordance with the laws of Bulgaria. Any disputes arising out of these Terms or the use of the App shall be subject to the exclusive jurisdiction of the courts in Bulgaria.

12. Contact Information  

For questions regarding these Terms or the App, please contact Nixes at: hi@nixes.io