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Terms of Service

Last updated: October 16, 2026 · Version 0.1 (draft)

These Terms of Service ("Terms") are an agreement between you and Duskflash (legal entity TBD) ("Duskflash", "we", "us") for the Duskflash apps, the website duskflash.com and related services (the "Service"). By using the Service you agree to these Terms and to our Privacy Policy and AI Policy. If you do not agree, do not use the Service.

1. Who can use Duskflash

You must be at least 13 years old. If you are under the age of majority where you live, you may use the Service only with the involvement of a parent or guardian, who agrees to these Terms on your behalf. In the EU and UK, you need a parent's or guardian's consent to use AI Studio if you are under your country's age of digital consent. You may not use the Service if you are barred from doing so by law.

2. Your account

Duskflash creates an anonymous account on first launch. You can link Sign in with Apple or Google to back up and restore your account. You are responsible for activity on your account and for keeping your devices secure. Tell us at support@duskflash.com if you think your account has been misused.

3. The licence we give you

We grant you a personal, non-exclusive, non-transferable, revocable licence to use the app for your own non-commercial use, subject to these Terms and the rules of the app store you downloaded it from. You may not copy, modify, reverse engineer (except where the law allows), resell or redistribute the Service, its looks, LUTs, overlays or other content, or use them to build a competing product.

4. Plans

The Service has three tiers. What each includes is shown in the app and on our website, and may change over time; changes never reduce what you have already paid for during the current period.

  • Free. The camera, editor, photobooth (3 layouts), one film roll at a time and the looks marked Free Forever. We promise that the Free Forever list will not get shorter. If a Free Forever look must be removed for legal reasons, we will replace it with a comparable free look.
  • Film Lifetime (one-time purchase). All local looks and tools, including future local looks, for as long as we offer the Service. It does not include AI features or cloud backup.
  • Pro (subscription). Everything in Film Lifetime, plus AI Studio with AI credits, AI assist features and cloud backup.

5. Subscriptions, free trials and auto-renewal

  • Billing. Pro is sold through the Apple App Store or Google Play. The price, currency and taxes are shown by the store before you confirm. Payment is charged to your store account.
  • Auto-renewal. Subscriptions renew automatically at the end of each period (weekly, monthly or yearly) at the then-current price unless you cancel at least 24 hours before the end of the current period. Your store account is charged for renewal within 24 hours before the period ends.
  • Free trial. Where offered, the free trial lasts for the period shown (for example 7 days) and is available once per person. If you do not cancel at least 24 hours before the trial ends, the subscription starts and you are charged. We send a reminder before the trial ends (for a 7-day trial, on day 5). Cancelling during the trial ends Pro at the end of the trial.
  • Cancelling. Cancel in iPhone Settings → [your name] → Subscriptions, or Google Play → Payments & subscriptions → Subscriptions. Deleting the app or your Duskflash account does not cancel a subscription. After cancelling, Pro stays active until the end of the period you paid for.
  • Price changes. We will give advance notice of price increases as required by the store and by law. You can cancel before the new price applies.
  • Billing problems. If a renewal payment fails, the store may give a grace period. During billing retry or account hold, local Pro features may continue for the store's grace window but AI credit spending pauses.

6. AI credits

  • What credits are. Credits are a usage allowance included in Pro. They let you create AI Studio results. A standard result costs the number of credits shown on the style (usually 1 per variant); HD costs double. The cost is always shown before you confirm.
  • How you get them. Each billing cycle of an active Pro subscription grants the credits shown for your plan (for example 30 per month on Pro Annual, 40 per month on Pro Monthly). A free trial grants a smaller trial allowance (for example 5 credits). We may grant bonus credits (for example through referrals or support).
  • Rollover and expiry. Unused subscription credits roll over to the next cycle up to your plan's rollover cap; anything above the cap expires. Subscription credits expire when your Pro access ends (after any store grace period). Trial credits expire when the trial ends. Bonus credits expire 90 days after they are granted and can only be used while you have Pro.
  • Automatic refunds. If a generation fails, is blocked by our safety checks after credits were reserved, or fails the Identity Lock check on your phone, the credits are returned automatically. You can also tap "Not me" on a result to get its credit back, subject to reasonable limits that prevent abuse (for example a daily cap).
  • No cash value. Credits have no monetary value, cannot be bought separately, sold, transferred, exchanged for money or anything else, and are not refundable except as described here or required by law.
  • Store refunds. If Apple or Google refunds a purchase, unspent credits granted by that purchase are removed. We do not reduce a balance below zero.
  • Abuse. We may pause or remove credits obtained through fraud, chargeback abuse, trial abuse, automation or a technical error.

7. Refunds

Purchases are processed by Apple or Google, and refund requests are handled by them under their policies. On iPhone, request a refund at reportaproblem.apple.com. On Android, use your Google Play order history or Google Play's refund page. Nothing in these Terms limits any right to a refund you have under consumer law. EU and UK consumers acknowledge that digital content and services start immediately on purchase; where the law gives a withdrawal right, it applies as the store implements it.

8. Your photos and content

You keep all rights in the photos, videos and other content you create or import ("Your Content"). Photos processed with local looks never leave your phone. When you use features that send content to us (AI Studio, sharing, backup, reports), you grant us a worldwide, non-exclusive, royalty-free licence to host, process, transmit and display that content only as needed to provide those features to you, to keep the Service safe, and to comply with law. This licence ends when the content is deleted under our Privacy Policy, except for copies we must keep for legal reasons. We do not use Your Content to train AI models.

You confirm that you have the rights and permissions needed for Your Content, including the consent of every identifiable person in a photo you send to AI Studio or share.

9. AI results

AI Studio results are generated with third-party AI models. To the extent the law allows, you own the results you create, subject to the rights of others in the original photo and the providers' terms. Results may be similar to results created for others, may contain mistakes or artifacts and may not match your expectations. Results may carry provenance metadata or labels showing that AI was used (for example C2PA or SynthID); do not remove them where the law requires labeling and do not present AI results deceptively.

10. Acceptable use

You must not use the Service to:

  • create sexual or sexually suggestive content of real people, or any content involving minors in a sexual or exploitative way;
  • edit photos of other people without their consent, or create content meant to harass, bully, intimidate, impersonate or deceive (including deepfakes presented as real);
  • create content depicting public figures in a misleading way, or that infringes copyright, trademark, privacy or publicity rights;
  • create hateful, violent or extremist content, or content that promotes self-harm;
  • break the law, attempt to bypass safety checks, credit limits or trial restrictions, scrape or overload the Service, or access other users' data.

See our AI Policy for details. You can report content in the app or by emailing support@duskflash.com.

11. Suspension and termination

You can stop using the Service and delete your account at any time (how). We may suspend or terminate access, remove content or withhold credits if you breach these Terms, if required by law, or to protect users, us or others. Where reasonable we will tell you why and give you a chance to respond. Termination does not cancel a store subscription; cancel it in the store.

12. Changes to the Service and these Terms

We continuously update looks, styles and features. We may change or discontinue features, but we will not remove Free Forever looks (section 4) and we will honour what you paid for during the current billing period. We may update these Terms; for material changes we will notify you in the app at least 30 days before they apply. Continuing to use the Service after that means you accept the new Terms.

13. Third-party services

The Service relies on third parties such as Apple, Google, Cloudflare and AI providers. Their services are governed by their own terms. We are not responsible for app store payment processing or refund decisions.

14. Disclaimers

The Service is provided "as is" and "as available". To the extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not guarantee that the Service will be uninterrupted or error-free, that AI results will meet your expectations, or that content will be stored without loss. Keep copies of photos you care about. Nothing in these Terms excludes warranties or rights that cannot be excluded under consumer law.

15. Limitation of liability

To the extent permitted by law, we are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of data, profits or goodwill. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim or USD 50. These limits do not apply to liability for death or personal injury caused by negligence, fraud, or anything else that cannot be limited by law.

16. Indemnity

To the extent permitted by law, you agree to indemnify us against claims arising from Your Content or your breach of these Terms. This section does not apply to consumers where the law does not allow it.

17. Governing law and disputes

These Terms are governed by the laws of [jurisdiction to be confirmed], without regard to conflict-of-law rules. If you are a consumer, you also benefit from the mandatory protections of the law of the country where you live and may bring proceedings in your local courts. EU consumers may also use the European Commission's online dispute resolution information.

18. Apple App Store additional terms

If you downloaded the app from the Apple App Store: these Terms are between you and Duskflash, not Apple. Apple is not responsible for the app or its content and has no obligation to provide maintenance or support. If the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any); Apple has no other warranty obligation. Apple is not responsible for addressing claims relating to the app, including product liability, legal or regulatory compliance, consumer protection, or intellectual property infringement claims. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and are not on any U.S. Government list of prohibited parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

19. General

If any part of these Terms is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer these Terms; we may transfer them to a successor with notice. These Terms, the Privacy Policy and the AI Policy are the entire agreement between you and us about the Service.

20. Contact

support@duskflash.com · Duskflash (legal entity TBD)