Terms of Use

Last updated: [DATE]

These Terms are an agreement between you and Fantazma, operated by Dmytro Yushchenko, British Columbia, Canada [CHECK: replace with company name once registered] (“Fantazma”, “we”, “us”). By creating an account or using the Fantazma app (the “App”), you agree to these Terms, our Privacy Policy, and our Community Guidelines. If you do not agree, do not use the App.

1. Who can use Fantazma

You must be 18 or older. By using the App, you confirm that you are. We may close any account we believe belongs to someone under 18.

2. Your account

You sign in with Apple or Google. You are responsible for activity on your account. One person, one account; do not share or sell accounts. You can delete your account at any time in Settings. Deleting your account permanently removes your data and any remaining credits.

3. What Fantazma does

Fantazma uses AI to place a person from an uploaded photo into scenes. Scenes come from us or from other users. AI results are unpredictable: likeness, details, and quality may vary, and results may contain errors. Our AI provider’s safety systems may block some requests. Features may change as we improve the App.

4. Faces and consent

You may upload:

  • your own face; or

  • another adult’s face, only if that person has given you permission to use their photo in Fantazma.

You may not upload:

  • a photo of anyone under 18, including your own children;

  • celebrities, public figures, or politicians;

  • anyone who has not agreed, or anyone you intend to embarrass, harass, or deceive.

By uploading a face that is not yours, you confirm you have that person’s permission, and you are responsible if you do not.

5. Your content

You keep ownership of the photos, reference images, and text you upload (“Your Content”). You give Fantazma a limited, non-exclusive, worldwide, royalty-free license to store, process, and send Your Content to our service providers only as needed to run the App for you. This license ends when you delete the content or your account, except for copies we must keep by law. We do not use Your Content to train AI models or for advertising.

You confirm that you have the rights needed to upload Your Content.

6. Your generated images

As between you and Fantazma, the images you generate (“Results”) are yours. You may use them for personal and commercial purposes. Please note:

  • Third-party rights are your responsibility. If a Result includes someone else’s character, brand, logo, artwork, or likeness, we do not give you rights to those. You are responsible for how you use Results.

  • Copyright may be limited. In some countries, including the United States, AI-generated images may not be protected by copyright. We do not promise that you can stop others from copying your Results.

  • Results may be similar. Other users may get similar results from the same scene.

  • AI watermark. Results contain an invisible digital watermark (SynthID) added by our AI provider that identifies them as AI-generated. Do not try to remove it.

  • Do not deceive. Do not present Results as real photos in order to mislead, defraud, or harm anyone.

7. Community scenes

When you create a scene, it is public by default. Public scenes may appear in the community feed after review by a human moderator. You can switch a scene to private at any time, and it will be removed from the feed.

Public scenes are shown without your name. Only a preview generated by the system is displayed; your face, your Results, and your reference images are never shown.

By keeping a scene public, you give Fantazma a non-exclusive, worldwide, royalty-free license to display the scene and its preview in the App and to let other users generate images with it, until you make the scene private or delete it. Images other users already created with your scene remain theirs.

We may decline, remove, or edit any scene at our discretion, including scenes that break our Community Guidelines or that someone reports for copyright reasons.

8. Subscriptions, credits, and packs

Free generations. New accounts receive 2 free generations. After that, generating images requires credits.

Fantazma+ subscription. Fantazma+ is available as a weekly, monthly, or annual auto-renewing subscription. Prices are shown in the App before you buy and may differ by country.

  • Payment is charged to your Apple ID when you confirm the purchase.

  • Your subscription renews automatically at the same price and period unless you turn off auto-renew at least 24 hours before the end of the current period.

  • Apple charges the renewal within 24 hours before the current period ends.

  • You can manage or cancel your subscription in iPhone Settings → your name → Subscriptions. Deleting the App does not cancel your subscription.

  • If you cancel, you keep access until the end of the period you have paid for.

  • If we change the price, Apple will notify you, and where the law requires, ask for your consent first.

Subscription credits. Fantazma+ gives you credits each period. Unused credits carry over while your subscription is active, but each batch of credits expires 90 days after it is added to your account. Your expiry dates are shown in the App.

Credit packs. You can buy extra credits in packs. Pack credits do not expire while your account exists. Pack credits can only be used while you have an active Fantazma+ subscription. If your subscription ends, your pack credits stay in your account and become usable again when you resubscribe.

Credit rules. Credits have no cash value, cannot be transferred, sold, or exchanged for money, and are not personal property. Subscription credits are used before pack credits [CHECK]. If a generation fails because of a technical error on our side, we return the credit [CHECK: policy for requests blocked by safety filters].

Trials and promotions. If we offer a free trial or promotional price, the terms shown at purchase apply. Unless you cancel at least 24 hours before it ends, a trial converts to a paid subscription.

Refunds. Apple processes all payments. We cannot issue App Store refunds. To request one, go to reportaproblem.apple.com. This does not limit any rights you have under consumer protection law.

9. Rules of use

You agree to follow our Community Guidelines and not to:

  • break any law or anyone else’s rights;

  • create sexual content, nudity, or any content involving minors;

  • create deepfakes intended to deceive, defraud, harass, or harm anyone;

  • impersonate any person or create fake documents or IDs;

  • try to bypass safety filters, credit limits, or moderation;

  • copy, reverse-engineer, or extract the App, its scenes, or its AI systems;

  • use bots, scripts, or automated tools to access the App;

  • resell or commercially redistribute access to the App.

You must also follow the usage policies of our AI provider, Google, which prohibit certain content.

10. Our property

The App, its design, code, brand, scenes we create, and other materials belong to Fantazma or its licensors. We give you a personal, non-transferable, revocable license to use the App on Apple devices you own or control, under these Terms and Apple’s Usage Rules.

If you send us feedback or ideas, we may use them without any obligation to you.

11. Suspension and termination

We may suspend or close your account, or remove content, if you break these Terms or our Community Guidelines, if required by law, or to protect users or Fantazma. If we close your account for a serious or repeated violation, remaining credits are lost and no refund is due from us. You can stop using the App and delete your account at any time.

12. Disclaimers

The App is provided “as is” and “as available”. To the extent the law allows, we make no promises that the App will always work, be error-free, or produce results you like. We are not responsible for how you or others use Results.

13. Limitation of liability

To the extent the law allows, Fantazma is not liable for indirect, incidental, special, or consequential damages, or for lost profits or data. Our total liability for any claim is limited to the greater of the amount you paid us in the 12 months before the claim or USD 50. [CHECK with lawyer]

Nothing in these Terms limits liability that cannot be limited by law, or takes away rights you have as a consumer under the laws of the place where you live.

14. Indemnity

If you use someone’s face without permission, break these Terms, or infringe someone’s rights, and that leads to a claim against Fantazma, you agree to cover our reasonable losses and costs from that claim, to the extent the law allows.

15. Apple App Store terms

If you downloaded the App from the App Store:

  • These Terms are between you and Fantazma only, not Apple. Apple is not responsible for the App or its content.

  • Apple has no obligation to provide maintenance or support for the App.

  • If the App fails to meet any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any). Apple has no other warranty obligation regarding the App.

  • Fantazma, not Apple, is responsible for handling any claims relating to the App, including product liability, legal or regulatory compliance, consumer protection, and intellectual property claims.

  • You confirm that you are not in a country under U.S. government embargo or designated as “terrorist supporting”, and that you are not on any U.S. government list of prohibited or restricted parties.

  • You must follow any third-party terms that apply when using the App.

  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Governing law and disputes

These Terms are governed by the laws of British Columbia and the federal laws of Canada that apply there. Disputes will be handled by the courts of British Columbia, unless the consumer protection laws of the place where you live give you the right to bring a claim in your local courts.

Before starting any legal claim, please contact us at support@fantazma.app so we can try to resolve the issue.

17. Changes to these Terms

We may update these Terms. We will post the new version here and update the date. For important changes, we will notify you in the App before they take effect. If you continue to use the App after that, you accept the updated Terms.

18. General

If part of these Terms is found unenforceable, the rest still applies. If we do not enforce a term, we do not give up our right to enforce it later. You may not transfer these Terms; we may transfer them as part of a sale or reorganization of Fantazma.

19. Contact

support@fantazma.app