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Terms of Use

The terms that govern your use of Aiphoria, an AI photo, video and virtual try-on service operated by Brightsides Creations.

Last updated: November 13, 2026

These Terms of Use ("Terms") are a binding agreement between you and Brightsides Creations ("Brightsides," "we," "us," or "our"), the company that operates Aiphoria ("Aiphoria" or the "Service") at aiphoria.io, its subdomains, mobile apps, and connectors for AI assistants.

PLEASE READ SECTION 19 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION, NOT IN COURT, AND WAIVES CLASS ACTIONS AND JURY TRIALS. YOU CAN OPT OUT WITHIN 30 DAYS (SECTION 19.8).

1. Accepting These Terms

You accept these Terms by ticking the box "I am 18 or older and I agree to the Terms of Use and Privacy Policy" when you create an account, or on your first visit to the dashboard. We record the date and time and the version of the Terms you accepted. By accepting, you confirm that:

  • you have read and agree to these Terms and our Privacy Policy;
  • you are at least 18 years old; and
  • you are not barred from using the Service under any applicable law.

Additional terms shown at the moment you buy something (for example, next to the buy button or on the payment page) also form part of these Terms.

2. The Service

Aiphoria lets you create AI images and short videos of yourself or of models you set up, including virtual try-on, style and video templates, face-and-outfit swaps, upscaling, and photo campaigns.

  • Third-party AI models. Many features run on AI models made and hosted by other companies (for example, models by ByteDance, Kuaishou, Google and Anthropic, reached through providers such as kie.ai, fal.ai and Replicate). Those providers apply their own safety filters and usage rules. When their rules are stricter than ours, theirs apply too.
  • Changes. We may add, change, swap or retire features and models at any time. If a change materially reduces a paid feature you already paid for, we will give reasonable notice, and you may cancel and receive a pro-rata refund of the prepaid, unused part.
  • No guarantee of results. We do not promise any particular likeness, quality, speed or availability.
  • Beta features are provided as they are, may change or stop without notice, and come with no warranty.

3. Your Account

You agree to give accurate information, keep your login private, not share or sell your account, and tell us at support@aiphoria.io if you suspect unauthorized access. You are responsible for everything done through your account, including by any AI assistant you connect (Section 10).

4. Photos of People, Faces and Likeness

Aiphoria works with photos and videos of real people. This section is essential.

4.1 Your promise. Each time you upload a photo or video that shows a person (including when you create an AI Twin, use a face swap, try-on, campaign or video template), you promise that:

  • the person is you, or you have that person's clear permission to upload their image and to create the content you request;
  • every person shown is at least 18 years old; and
  • you have every other right needed (for example, the rights of the photographer).

When you create an AI Twin, you confirm this by ticking a box, and we record when you did.

4.2 Not allowed. You may not upload images of, or create content showing:

  • any minor, in any way;
  • a real person without their permission, including celebrities, public figures, influencers, ex-partners, colleagues or strangers;
  • any real person in sexual, nude, intimate, humiliating, violent or otherwise harmful situations, even with permission;
  • a real person saying or doing something they did not say or do, in a way that could mislead others (deepfakes), impersonate them, defame them, or be used for fraud, harassment, political deception or scams.

4.3 Face data. We use your photos only to make the content you ask for. We do not use them to identify, verify or recognise people, and we do not build face templates or faceprints. Our system describes appearance (for example hair, skin tone and body type) to guide generation. See the Privacy Policy for details.

4.4 Takedowns. If you believe content on or from Aiphoria shows you without your permission, email support@aiphoria.io with links or a description. We will review and, where it breaks these Terms, remove it within 48 hours of a valid request. If we ask, you must delete content you made that breaks this section and must not generate it again.

4.5 Proof. We may ask you to show you have permission, and may remove content or suspend your account if you cannot.

5. Acceptable Use

You may not use Aiphoria to create, upload or share content that:

  • is sexually explicit or obscene, or sexualises anyone;
  • involves child sexual abuse material in any form. We report it to the authorities;
  • promotes hate, violence, terrorism, self-harm or illegal activity;
  • infringes copyright, trademarks, publicity, privacy or other rights;
  • contains malware or tries to break, overload or get around the Service, its limits or its safety filters.

You also may not: scrape the Service; reverse-engineer it; resell access; use bots to create accounts; create multiple accounts to collect free credits; use outputs to train competing AI models; remove watermarks or AI labels where they are required; or use outputs where the law requires you to disclose that content is AI-generated without disclosing it.

We may, without notice, block requests, remove content, limit features or suspend or close accounts that we reasonably believe break this section or the law.

6. Your Content

You keep ownership of the photos, videos, prompts and other material you upload ("Your Content"). You give Brightsides a worldwide, non-exclusive, royalty-free license to host, store, copy, process and modify Your Content, and to send it to our service providers and AI model providers, only as needed to run the Service for you (for example, to create the outputs you request, store them in your account, and keep the Service secure).

We do not use Your Content or your outputs to train AI models. We do not use them in our marketing or public galleries unless you give us separate permission.

7. AI Outputs

Images and videos the Service creates for you ("Outputs") are subject to these rules:

  • Use. As between you and us, you may use your Outputs. Free plan: personal, non-commercial use only. Paid plans: commercial use is allowed, unless a feature, template or model says otherwise where you use it.
  • Not exclusive. Other users may get similar or identical Outputs. We do not claim ownership of your Outputs, and we cannot promise that anyone can own them, because AI output may not be protected by copyright in some countries.
  • AI makes mistakes. Outputs may be inaccurate, distorted, or not look like the person or product. Review every Output before you use it. You are responsible for how you use Outputs and for following Sections 4 and 5.
  • Watermarks. Downloads on the free plan carry an Aiphoria watermark. You may not remove it.
  • Storage time. Without an active paid plan, Outputs, uploads, avatars and other files in your account are deleted automatically 30 days after they were created. Download anything you want to keep. While you have an active paid plan, your files are kept for as long as your account is open. If your paid plan ends, we wait 30 days after it ends, then delete files older than 30 days. Deleted files cannot be recovered.

8. Plans, Credits and Payments

8.1 Plans. We offer a free plan and paid subscription plans. Plans, prices, credits and limits are shown on our pricing page and in the app at the time you buy.

8.2 How you pay. On the web, payments are processed by Stripe. In the mobile apps, purchases are made through the Apple App Store or Google Play, and their terms also apply. Prices exclude taxes unless shown otherwise; you pay any taxes that apply.

8.3 Automatic renewal. Paid plans renew automatically at the end of each billing period (monthly or yearly) and your payment method is charged the regular plan price at the time, until you cancel. An introductory discount applies only to the period stated with the offer. We will tell you at least 30 days before a price increase applies to your plan, and you may cancel before it takes effect.

8.4 Cancelling. You can cancel anytime in Settings → Billing (web, through the Stripe billing portal) or in your Apple or Google subscription settings (mobile). Cancelling stops future renewals. Your plan stays active until the end of the period you already paid for.

8.5 Failed payments. If a payment fails, paid features may stop right away and your account moves to the free plan until the payment succeeds.

8.6 Credits.

  • Generations use credits. The cost of each action is shown in the app before you start it, and may change.
  • Free accounts receive a one-time welcome amount of credits.
  • Paid plans add the plan's credits at the start of each billing period.
  • Extra credit top-ups (one-time purchases) are valid for 90 days from purchase.
  • We may set an expiry date for other credits, or change expiry rules, with at least 30 days' notice. Promotional credits may expire as stated when they are given.
  • Credits have no cash value, cannot be transferred, sold or exchanged, and are not refunded when your account closes, except as stated in Section 9.

8.7 Failed generations. If a generation fails, times out, or is blocked by a safety filter before it is completed, the credits it used are returned to your balance automatically. Credits are not returned because you do not like a result.

9. Refunds and Cancellations

9.1 7-day refund. You may ask for a full refund within 7 days of your first purchase of a plan or a credit top-up, only if you have not used any credits from that purchase. Email support@aiphoria.io from the email on your account.

9.2 Otherwise no refunds. Except as stated in these Terms or required by law, payments are non-refundable. This includes renewals, partly used periods, unused credits, and plans you forgot to cancel.

9.3 Upgrades. When you upgrade, we may refund the extra amount you paid for the upgrade within 7 days, if you have not used any credits from the upgraded plan.

9.4 EU, EEA, UK and Swiss consumers: right of withdrawal. You normally have 14 days to withdraw from a purchase of digital services or content without giving a reason. When you buy, you ask us to deliver your plan and credits immediately and you agree that, once you start using credits, you lose the right of withdrawal. If you withdraw within 14 days before using any credits, we refund you in full. If you withdraw after the service has started, we may keep an amount for what you have already received, including credits used. To withdraw, email support@aiphoria.io with a clear statement that you are withdrawing.

9.5 App store purchases. Purchases made through Apple or Google are refunded by them under their policies. We cannot refund them directly.

9.6 Termination by us. If we close your account without cause, we refund the prepaid, unused part of your subscription and any unused paid credits. If we close it because you broke these Terms, fees are not refunded and all credits are forfeited.

9.7 Chargebacks. Please contact us before disputing a charge with your bank; most problems are solved quickly. If you dispute a valid charge, we may suspend your account and remove credits bought with that payment while the dispute is open.

10. AI Assistants and Connected Apps

You may connect AI assistants (for example Claude or ChatGPT) to your account. You choose what they can do on the consent screen. A connected assistant acts on your behalf: what it creates and the credits it spends count as yours. You can disconnect it anytime in Settings → Security → Connected apps. The assistant provider's own terms also apply.

11. Partner Program

If you join the Aiphoria partner program:

  • You earn commission only on qualifying purchases attributed to your link or code, at the rates and payout minimums shown in the partner dashboard (run on Trackdesk).
  • We may withhold or reverse commissions for fraud, self-referrals, refunds or chargebacks.
  • You may not spam, misrepresent your relationship with us, bid on our brand names in paid search, or break the rules of the platforms where you promote.

We may change the program or close your partner account with reasonable notice. Earned, valid commissions remain payable unless the law allows otherwise.

12. Our Intellectual Property

Aiphoria's name, logo, software, prompts, templates, curated galleries and design belong to Brightsides Creations. These Terms do not give you rights to them, except the right to use the Service as described here. If you send us feedback or ideas, we may use them freely without paying you.

13. Copyright Complaints

If you believe content on Aiphoria infringes your copyright, send a notice to support@aiphoria.io (subject "Copyright notice") including: your contact details, the work you own, the content and its location, a statement that you believe in good faith the use is not authorised, a statement under penalty of perjury that your notice is accurate and that you are the owner or authorised to act for them, and your signature. A user whose content was removed may send a counter-notice with the same details. We close the accounts of users who repeatedly infringe.

14. Third-Party Services

The Service relies on other companies for hosting, storage, AI models, payments, email, analytics and sign-in. Their terms govern their parts. We are not responsible for their outages or actions, but we choose them with care.

15. Suspension and Termination

You can stop using Aiphoria anytime and delete your account in settings. We may suspend or close your account, with or without notice, if you break these Terms, create legal risk, or harm other users or us. Sections that by their nature should continue (including 4, 6, 7, 9, 12 and 16 to 21) survive termination. What happens to your data is described in the Privacy Policy.

16. Disclaimers

THE SERVICE AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND LIKENESS. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT OUTPUTS WILL BE SUITABLE FOR ANY USE. WE ARE NOT RESPONSIBLE FOR CONTENT USERS CREATE OR FOR HOW THEY USE IT.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • BRIGHTSIDES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL OR REPUTATION, EVEN IF WE WERE TOLD THEY WERE POSSIBLE.
  • OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD 100.

Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or any other liability that cannot be limited by law. If you are a consumer in the EU, EEA, UK or Switzerland, you also keep your statutory rights, and we are liable as required by your local law.

18. Indemnity

You agree to defend, indemnify and hold harmless Brightsides Creations and its directors, officers, employees, contractors and affiliates from any claims, losses, damages, fines and costs (including reasonable lawyers' fees) arising from Your Content, your Outputs and how you use them, your use of the Service (including through connected AI assistants), your breach of these Terms, or your violation of any law or of anyone's rights, including likeness, privacy and publicity rights.

19. Dispute Resolution and Arbitration

19.1 Talk to us first. Before starting any claim, you agree to send a written notice to support@aiphoria.io (subject "Dispute notice") with your name, account email, a description of the issue and what you want. We will do the same. Both sides will try in good faith to resolve it within 60 days. Time limits for claims are paused during this period.

19.2 Binding arbitration. If the dispute is not resolved, you and Brightsides agree that any dispute, claim or controversy relating to the Service or these Terms will be resolved by binding individual arbitration, not in court, except as listed in 19.3. The arbitration will be run by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, by one arbitrator. The Federal Arbitration Act governs this section. Hearings may take place by video, by phone, or in the county where you live. We will pay the AAA filing, administration and arbitrator fees beyond what you would pay to file in court, unless the arbitrator finds your claim frivolous.

19.3 Exceptions. Either side may (a) bring an individual claim in small-claims court, and (b) ask a court to stop infringement or misuse of intellectual property.

19.4 No class actions. YOU AND BRIGHTSIDES MAY BRING CLAIMS ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION. The arbitrator may not combine claims of different people or award relief to anyone other than the individual party.

19.5 Jury waiver. If a claim goes to court for any reason, you and Brightsides waive any right to a jury trial.

19.6 Mass claims. If 100 or more similar demands are filed against Brightsides by or with the help of the same law firm or group within 30 days, they will be handled in batches of up to 100, each heard by a single arbitrator.

19.7 If this section fails. If the class-action waiver is found unenforceable for a claim, that claim will go to court and not to arbitration. If any other part of this section is found unenforceable, the rest still applies.

19.8 30-day opt-out. You can opt out of arbitration by emailing support@aiphoria.io (subject "Arbitration opt-out") within 30 days after you first accept these Terms. Include your name, address, account email, and a clear statement that you opt out of arbitration. Opting out does not affect the rest of these Terms.

19.9 Governing law and courts. These Terms are governed by the laws of the State of California, USA, and applicable US federal law, without regard to conflict-of-law rules. The UN Convention on Contracts for the International Sale of Goods does not apply. Claims that are not arbitrated will be heard only in the state or federal courts located in Los Angeles County, California, and both sides consent to their jurisdiction.

19.10 Consumers outside the US. If you live in the EU, EEA, UK, Switzerland or another country whose laws do not allow the rules above, this Section 19 applies only to the extent permitted. You keep the protection of the mandatory laws of your country and may bring claims in your local courts. EU consumers may also use the European Commission's online dispute resolution platform.

19.11 Time limit. Any claim must be filed within the time allowed by the applicable statute of limitations, or it is permanently barred.

20. Changes to These Terms

We may update these Terms. For material changes, we will notify you by email or in the app at least 14 days before they take effect, except where a faster change is required by law or to address misuse. We may ask you to accept updated Terms before you continue. If you keep using Aiphoria after the effective date, you accept the updated Terms. If you do not agree, stop using the Service and cancel your plan.

21. General

  • Entire agreement. These Terms, the Privacy Policy, the Cookie Notice and terms shown at purchase are the whole agreement between you and us about the Service.
  • Severability. If any part is found invalid, the rest stays in force.
  • No waiver. Not enforcing a right is not giving it up.
  • Assignment. You may not transfer these Terms. We may transfer them in a merger, acquisition or sale of assets.
  • Electronic communications. You agree that we may communicate with you electronically, and that electronic notices and your electronic acceptance (including ticking a box) are as binding as a signed paper document.
  • Events outside our control. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of AI model providers, hosting or payment services.
  • Language. If we provide a translation, the English version prevails, unless your local law requires otherwise.

22. Contact

Brightsides Creations 1417 N Vista St, Ste 308 Los Angeles, CA 90046, USA Email: support@aiphoria.io