Terms of Service

1. Parties and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Phlegethon ("Website," "we," "us," or "our"), governing your access to and use of the website at phlegethon.icu and all associated services, tools, APIs, software, and content (collectively, the "Service").

You accept these Terms by any of the following acts: (a) clicking a button or checkbox indicating acceptance; (b) creating an account; (c) purchasing credits; (d) submitting any content to the Service; or (e) simply accessing or using the Service in any manner. If you are acting on behalf of a legal entity, you represent that you have full authority to bind that entity to these Terms.

Phlegethon reserves the right to modify these Terms at any time. Material changes will be communicated via email to your registered address or by prominent notice on the Service. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms.

2. Eligibility

2.1 Age Requirement. The Service is strictly limited to individuals who are 18 years of age or older. By using the Service, you affirmatively represent and warrant, under penalty of account termination and forfeiture of all credits without refund, that you are at least 18 years old.

2.2 Jurisdictional Eligibility. You represent that your use of the Service is not prohibited by the laws of your jurisdiction. If you are located in a jurisdiction where the Service or any feature thereof is illegal or restricted, you are not authorized to use the Service and must cease use immediately. Phlegethon makes no representation that the Service is lawful in all jurisdictions.

2.3 Account Integrity. You may maintain only one account. Creating multiple accounts to circumvent restrictions, suspensions, credit limitations, or any other measure is a material breach of these Terms.

3. Description of Service

Phlegethon provides AI-powered image and video processing tools, including: (a) a forensic image and video transformation pipeline ("Forge"); (b) AI-assisted image generation and style transformation tools ("Gen AI"); (c) a credit-based payment system; and (d) a public API for developer access.

The Service is a technical processing tool only. Phlegethon does not generate, create, publish, distribute, or host content. All content processed through the Service is submitted exclusively by the User. Phlegethon exercises no editorial control over User-submitted content and does not review content prior to processing. Phlegethon is a passive conduit and not a publisher of User Content.

The Service is designed and intended exclusively for use with: (i) fully AI-generated synthetic images and videos in which no real, identifiable person is depicted; or (ii) content for which you hold all necessary rights, permissions, and explicit written consents from all depicted individuals for the specific transformation being applied.

4. User Representations, Warranties, and Covenants

By using the Service, and by each individual submission of content, you represent, warrant, and covenant to Phlegethon that:

4.1 Ownership and Consent. You own all rights in, or have obtained all necessary licenses, permissions, releases, and explicit written consents from all identifiable persons depicted in, any image or video you submit to the Service ("User Content"). Where User Content depicts a real, identifiable person, you possess that person's explicit, informed, written consent to process their likeness in the specific manner you are applying.

4.2 Synthetic Content for Forge. All User Content submitted to the Forge service consists exclusively of AI-generated synthetic images or videos in which no real, identifiable person is depicted, or you possess all rights and consents described in Section 4.1.

4.3 No Minors. No User Content depicts, or could reasonably be interpreted to depict, any person under the age of 18 in any sexual, nude, suggestive, or intimate context, whether the person is real, fictional, or AI-generated in a realistic manner. This prohibition is absolute and admits no exceptions.

4.4 Lawful Purpose. Your use of the Service is for lawful purposes only and does not violate any applicable law or regulation in your jurisdiction or in any jurisdiction where the output may be viewed or distributed.

4.5 No NCII. You will not use the Service to create, process, or facilitate non-consensual intimate imagery ("NCII") of any kind, including but not limited to "deepfake pornography," "revenge porn," or any sexually explicit depiction of a real, identifiable person who has not provided explicit written consent to the specific content being created.

4.6 Accuracy of Representations. All information you provide to Phlegethon is true, accurate, and complete. You acknowledge that Phlegethon relies on your representations and that providing false representations constitutes fraud.

These representations are made at the time of account creation and are deemed renewed upon each submission of User Content.

5. Prohibited Uses

You agree that you will not, and will not permit any third party to, use the Service to:

Violation of any prohibition in this Section constitutes a material breach of these Terms and may result in immediate account termination, permanent ban, forfeiture of all unused credits without compensation, and referral to law enforcement authorities.

  • Create, process, distribute, or facilitate non-consensual intimate imagery (NCII) of any real person, including deepfake pornography, revenge porn, or any sexually explicit depiction of an identifiable real person without their explicit written consent;
  • Process any image or video depicting a person under the age of 18 in any sexual, nude, suggestive, or intimate context under any circumstances;
  • Harass, stalk, threaten, defame, blackmail, extort, or otherwise harm any identifiable individual;
  • Violate any applicable local, national, or international law or regulation, including laws governing privacy, intellectual property, obscenity, non-consensual intimate imagery, or deepfakes;
  • Attempt to reverse-engineer, decompile, disassemble, or extract the proprietary algorithms, models, pipeline methods, or trade secrets used by the Service;
  • Resell, sublicense, or commercially exploit the Service or its outputs without Phlegethon's prior written consent;
  • Submit content that infringes the intellectual property, privacy, or other rights of any third party;
  • Use the Service in connection with any fraudulent scheme, deceptive practice, or misrepresentation;
  • Create multiple accounts to circumvent restrictions, suspensions, or credit limitations;
  • Use automated scripts, bots, or crawlers to access the Service except through the officially documented API with a valid API key;
  • Attempt to overload, disrupt, or interfere with the Service's infrastructure, security, or availability;
  • Upload malicious code, malware, or any content designed to damage or interfere with the Service.

6. User Content

6.1 Ownership. You retain all ownership rights in your User Content. Phlegethon claims no ownership over your User Content.

6.2 License to Process. By submitting User Content to the Service, you grant Phlegethon a limited, non-exclusive, royalty-free, revocable license solely to process your User Content for the purpose of providing the requested Service to you. This license terminates when your User Content is deleted from our systems.

6.3 Content Handling. Phlegethon may, at its sole discretion and without obligation, access, review, or retain User Content for purposes including but not limited to: legal compliance, fraud prevention, responding to law enforcement requests, enforcing these Terms, and protecting the rights and safety of third parties. Phlegethon's exercise or non-exercise of this right does not constitute endorsement of any User Content.

6.4 No Training. Phlegethon does not use your User Content to train, fine-tune, improve, or develop any AI model, whether Phlegethon's own or any third party's.

6.5 Storage and Deletion. Processed outputs are stored in your account gallery. When you delete an item from your gallery, it is removed from your visible dashboard. However, Phlegethon may retain copies of any User Content — including original uploads, processed outputs, and any other media submitted to the Service — for an unspecified period after dashboard deletion, where Phlegethon determines, in its sole discretion, that retention may be necessary for legal compliance, investigation of potential violations of these Terms or applicable law, response to law enforcement requests, or any other legitimate purpose. Retention of such copies is governed by applicable law and Phlegethon's internal compliance policies. Phlegethon is under no obligation to disclose whether a copy of your content has been retained or for how long. Additionally, all User Content is subject to automatic purge after 30 days of account inactivity, subject to the foregoing retention rights.

6.6 Intellectual Property. All proprietary technology, algorithms, pipeline methods, software, trademarks, and trade secrets associated with the Service are the exclusive property of Phlegethon. Nothing in these Terms grants you any right, title, or interest in Phlegethon's intellectual property.

7. NCII Reporting and Takedown

Phlegethon maintains a clear and accessible process for individuals to report non-consensual intimate imagery, in compliance with applicable law including the United States TAKE IT DOWN Act (effective May 19, 2025).

To submit a takedown request, contact [email protected] with the subject line "NCII Takedown Request" and include: (a) your full name and contact information; (b) a statement that you are the person depicted or are legally authorized to act on their behalf; (c) a good-faith statement that the content was created or distributed without your consent; and (d) sufficient information to identify the specific content.

Phlegethon will investigate valid notices and, where appropriate, remove reported content within 48 hours of receiving a complete and verified request. Submitting a false or fraudulent takedown notice may result in legal liability.

8. Credits, Payments, and Refunds

8.1 Credit System. The Service operates on a prepaid credit system. Credits are purchased in advance and consumed upon each successful use of the Service. Credits are non-refundable, non-transferable, have no cash value, and cannot be exchanged for currency.

8.2 No Expiry. Credits do not expire during the life of your account, except that all unused credits are immediately and permanently forfeited without compensation upon account termination for cause.

8.3 Pricing Changes. Phlegethon reserves the right to modify credit pricing at any time without notice. Price changes do not affect credits already purchased.

8.4 All Sales Final. All credit purchases are final and non-refundable. Phlegethon does not offer refunds for any reason, including dissatisfaction with processing results, failure of processed content to pass any particular detector, change of mind, or account termination initiated by you. Phlegethon may, at its sole and absolute discretion, issue credits (not cash) as a goodwill gesture in cases of documented technical failure attributable solely to Phlegethon.

8.5 Chargebacks. Initiating a payment dispute or chargeback without first contacting Phlegethon at [email protected] constitutes a material breach of these Terms. Phlegethon reserves the right to permanently ban accounts associated with chargebacks and to pursue recovery of disputed amounts through legal means.

8.6 Taxes. You are solely responsible for all taxes, duties, or levies applicable to your purchase of credits in your jurisdiction.

9. Account Suspension, Termination, and Data Retention

9.1 Termination by Phlegethon. Phlegethon reserves the right to suspend or permanently terminate your account, with or without prior notice, at its sole and absolute discretion, for any reason, including but not limited to: violation of these Terms; suspected fraudulent or abusive activity; requests from law enforcement; or any conduct Phlegethon determines to be harmful. Upon termination for cause, all unused credits are immediately forfeited without compensation.

9.2 Account Closure Requests. Phlegethon does not process account closure or deletion requests submitted by users. Accounts remain active indefinitely unless terminated by Phlegethon pursuant to Section 9.1. You may cease using the Service at any time, but this does not constitute account closure, does not trigger deletion of your data, and does not entitle you to a refund of unused credits.

9.3 Data Retention After Account Closure or Termination. Notwithstanding any account closure or termination, Phlegethon retains the right — and in some cases is legally obligated — to retain certain personal data after your account is closed or terminated. Phlegethon does not guarantee deletion of all personal data upon account closure or deletion requests. Phlegethon retains data as necessary for the following legitimate purposes, which override deletion requests under applicable Israeli law (Protection of Privacy Law, 5741-1981, as amended by Amendment 13, 2025) and international standards:

You acknowledge and agree that Phlegethon's legitimate interests in fraud prevention, legal compliance, dispute resolution, and platform integrity constitute lawful grounds for retaining your data notwithstanding any deletion request, in accordance with applicable law.

9.4 Survival. Sections 4, 5, 6, 9.3, 10, 11, 12, 13, 14, and 15 survive any termination or expiration of these Terms.

  • Fraud prevention and security: Transaction records, IP logs, and account identifiers are retained to detect and prevent fraud, chargebacks, and abuse of the credit system;
  • Legal compliance: Financial and billing records are retained for a minimum of 7 years as required by Israeli tax and accounting law;
  • Dispute resolution: Records necessary to resolve pending or potential legal disputes, chargebacks, or regulatory investigations are retained for the duration of such proceedings plus applicable statutes of limitations;
  • Law enforcement cooperation: Data subject to a legal hold, court order, or law enforcement request is retained for the duration required by such order;
  • Ban enforcement: Banned account identifiers (email addresses, IP addresses, payment fingerprints, device identifiers) are retained indefinitely to enforce permanent bans and prevent re-registration.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE; WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES; WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY RESULTS; AND WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

Phlegethon makes no representation or warranty that: (a) the Service will successfully bypass any particular AI detection system; (b) processed outputs will pass any specific detector or achieve any particular score; (c) the Service will be available at any particular time; or (d) any particular result will be achieved. AI detection systems evolve continuously and Phlegethon cannot guarantee outcomes. You use the Service entirely at your own risk.

11. Limitation of Liability

11.1 IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) USD $50 (FIFTY US DOLLARS).

11.3 YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.

12. Indemnification

You agree to defend, indemnify, and hold harmless Phlegethon and its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:

This indemnification obligation survives termination of these Terms.

  • your violation of any provision of these Terms;
  • your User Content, including any claim that your User Content violates the rights of any third party;
  • your use of the Service in violation of any applicable law or regulation in any jurisdiction;
  • any misrepresentation made by you in connection with your use of the Service;
  • any claim by a third party that you used the Service to create non-consensual intimate imagery of that person;
  • any chargeback, payment dispute, or fraud you initiate or facilitate.

13. Governing Law, Jurisdiction, and Dispute Resolution

13.1 Governing Law. These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of law provisions.

13.2 Mandatory Arbitration. Any dispute that cannot be resolved through good-faith negotiation within 30 days shall be submitted to binding arbitration administered by the Israeli Institute of Commercial Arbitration (IICA), seated in Be'er Sheva, Israel. The arbitral award shall be final and binding.

13.3 Class Action Waiver. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN OR BRING A CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST THE COMPANY. ALL CLAIMS MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY.

13.4 Statute of Limitations. Any claim arising out of or related to these Terms or the Service must be filed within one (1) year after the cause of action arose, or it is permanently barred.

14. General Provisions

14.1 Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and Phlegethon regarding the Service and supersede all prior agreements.

14.2 Severability. If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

14.3 No Waiver. Phlegethon's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

14.4 Assignment. You may not assign or transfer your rights under these Terms without Phlegethon's prior written consent. Phlegethon may assign its rights without restriction.

15. Contact

For all inquiries including legal matters, NCII takedown requests, and general support: [email protected]