Terms of Use
Version 2026-07-26 · in force
Version 2026-07-26. Effective from the date it is published at
https://darkstudio.photo/terms.
1. Who you are contracting with
Dark Studio ("the service", "we", "us") is operated by:
Andrzej Duś - dus.org.pl
ul. Moniuszki 3a/15
98-300 Wieluń
Poland
NIP: 832-190-44-59
Contact: contact@darkstudio.photo.
These terms form a binding agreement between you and us. By creating an account or using the service you accept them. If you do not accept them, do not use the service.
How we handle your data is described separately in our Privacy Policy, which forms part of this agreement.
2. What the service does
You upload photographs of a person. We train an AI model on those photographs, and you can then use that model to generate new images of that person in styles and settings you choose. Training and generation cost credits, which you buy in advance.
3. Eligibility
You must be 18 or over to use the service. By using it you confirm that you are.
You must use the service in your own name and provide accurate account information. You are responsible for everything that happens through your account, so keep your sign-in method secure.
4. The photos you upload — your responsibilities
This section is the most important one in these terms. Read it before uploading anything.
By uploading a photograph you confirm, for every photograph, that:
(a) It is a photo of you, or of an adult who has specifically agreed to it. That person must have agreed to their photos being uploaded to an AI service, to a model being trained on their likeness, and to images of them being generated from it. A photo being publicly available, or your having taken it yourself, is not the same as that person agreeing.
(b) It is not a photo of anyone under 18. This applies with no exceptions, including to photos of your own children.
(c) You have the rights you need to upload it. If someone else took the photograph, you need their permission too.
(d) The person has not withdrawn their agreement. If they do, you must delete them from the service.
You must confirm this separately for each person you train — an agreement given for one person does not carry over to the next.
If a person whose photos you uploaded contacts us and tells us they did not agree, we will delete their photos and the model trained from them, and we may suspend or close your account. We are not able to verify agreement ourselves, which is why we rely on your confirmation, and why breaking it is serious.
5. What you may not do
You may not use the service to:
- Impersonate anyone, or create images intended to be mistaken for genuine photographs of a real person doing something they did not do.
- Generate images of public figures, celebrities, or anyone you do not personally have the agreement of.
- Create sexual or intimate imagery of any person, or any sexual imagery involving minors — the latter will be reported to the authorities.
- Create images that defame, harass, threaten, or degrade anyone.
- Create images for fraud or deception — identity documents, verification photos, fake evidence, or fake news.
- Break any law, infringe anyone's rights, or breach anyone's privacy.
- Attempt to extract, copy, or reverse-engineer the trained models or the underlying systems, or circumvent any technical limit or security measure.
- Resell or redistribute access to the service.
If you break these rules we may suspend or close your account and delete your content, and you get back neither your credits nor your money. Where we are legally obliged to report something, we will.
6. What you get, and what the output is
Your photos stay yours. Uploading them gives us no ownership. We use them only to provide the service to you, as described in the Privacy Policy — never to train shared or public models, and never for sale or licensing.
Generated images are yours to use, subject to these terms and to the rights of the person depicted. Our permission is not the depicted person's permission.
Generated images are synthetic. They are produced by an AI model. They are not photographs of real events, and they must not be presented as such — not as documentary evidence, not as identification, not as journalism.
Quality is not guaranteed. AI models are unpredictable. Output may be unflattering, inaccurate, distorted, an imperfect likeness, or simply not what you wanted. That is a normal characteristic of the technology, not a fault in the service, and it does not entitle you to your credits back or to a refund. We recommend generating a small batch first to see what results you get.
7. Credits, payments and refunds
Credits. Training and generation cost credits, which you buy in advance through Stripe. The cost of each action is shown before you confirm it. Credits cannot be transferred between accounts, and you cannot cash out a credit balance on request.
Two different things are called a "refund" below, and they are not the same:
- Credits returned to your balance. The normal case, and the only one the service performs automatically. Nothing goes back to your card; the credits simply become available to spend again. This is what happens when a job fails.
- Money returned to your card. Rare, handled by us by hand rather than by a button in the app, and limited to the three situations named below: you exercise your 14-day withdrawal right on credits you have not spent, we discontinue the service, or we change these terms materially and you decline. Outside those three, we do not return money.
Credits are consumed when you use them, including for results you do not like. Because each generation uses real computing resources whatever the outcome, a result you are unhappy with is not refundable. See section 6.
Automatic credit returns. If a training or generation job fails for a technical reason, we return the credits for it to your balance automatically. If you cancel generations before they have started, those credits are returned too. If you choose to delete a person while generations are still running, you abandon those generations and their credits are not returned — the app warns you before you confirm this. In all of these cases you get credits back, not money.
Your right to withdraw (consumers in the EU). As a consumer you normally have 14 days to withdraw from a distance contract and get your money back. For digital content supplied immediately, that right ends once supply has begun — but only if you expressly asked us to begin straight away and acknowledged that you would lose the right.
Buying credits does not itself supply you with digital content; it prepays for training and generation. The content is supplied when you spend a credit. So, at checkout, you will be asked to confirm both of the above. If you do:
- You lose the right to withdraw in respect of credits you have spent, because the content they paid for has been supplied.
- You keep the right, for 14 days from purchase, to get your money back for credits you have bought but not spent.
How to ask for money back. There is no self-service refund in the app. Write to contact@darkstudio.photo within 14 days of purchase, telling us which purchase you mean. We will return the money for the unspent portion to your original payment method within 14 days of receiving the request, and remove the corresponding credits from your balance. This is a statutory right and we cannot contract out of it.
Prices. Prices are shown in the app and include VAT where it applies. We may change prices, but never for credits you have already bought.
8. Availability
The service is offered as it is. We aim to keep it running but we do not guarantee that it will be uninterrupted, error-free, or available at any particular time. We may change, suspend, or withdraw features, and we may take the service down for maintenance.
Parts of the service are marked as being in beta or early access. Those parts may behave unpredictably and may change or disappear.
9. Closing your account
Deleting a person. At any time, from within the app, you can delete any person you created. That permanently removes their uploaded photos, the model trained from them, their generated photos, and their generation history. You do not need to contact us to do this, and it is the fastest way to remove the sensitive part of your data.
Closing the whole account. The app does not yet have a self-service account-deletion button. To close your account, write to contact@darkstudio.photo from the address you signed up with, or from an address we can match to your account. We will confirm, then delete your account and everything under it — every person, their photos, their trained models, their generated photos, and your account record — within 30 days of your request, except for the payment records section 7 and the Privacy Policy require us to keep. We will tell you when it is done.
Unused credits are lost when you close your account voluntarily — no money is returned, except where section 7's 14-day withdrawal right still applies.
We may suspend or close your account if you break these terms, if we are legally required to, or if we stop offering the service. Where we close your account because we are discontinuing the service, we will give you reasonable notice and return the money you paid for credits you have not spent. Where we close it because you broke these terms, you get nothing back — neither credits nor money.
We will give you a chance to download your generated images before closure wherever it is practical to do so. The app lets you download any photo, any single result, or every completed photo at once, so you can take a copy yourself at any time before you ask us to close the account.
10. Our liability
Nothing in these terms limits liability that cannot be limited by law — including liability for death or personal injury caused by negligence, for fraud, or for anything else Polish law does not permit us to exclude. If you are a consumer, your statutory rights are unaffected by anything here.
Subject to that, we are not liable for:
- Loss or corruption of your content, though we take reasonable care to prevent it. Keep your own copies of images that matter to you.
- Consequences of the output being inaccurate, unflattering, or a poor likeness.
- Anything arising from your breach of section 4 or section 5.
- Indirect or consequential loss, or loss of profit, business, or goodwill.
Where our liability can be limited, it is limited to the total amount you paid us in the 12 months before the event giving rise to the claim.
11. If you cause us loss
If you break section 4 or section 5 — in particular by uploading photos of someone who did not agree, or of a minor — and a third party or an authority brings a claim against us because of it, you agree to cover the resulting costs, including reasonable legal fees. This does not apply to the extent the claim results from something we did wrong.
12. Changes to these terms
We may update these terms. Each version is dated and previous versions are kept.
If a change is material, we will ask you to review and accept the new version the next time you open the app, before you continue using the service. If you do not accept it, you can stop using the service and ask us to close your account, and we will return the money you paid for credits you have not spent — write to contact@darkstudio.photo and we will process it by hand, as described in section 7. Minor corrections that do not change meaning are published without a prompt.
13. Law and disputes
These terms are governed by Polish law.
If you are a consumer, this does not deprive you of the protection of the mandatory laws of
the country where you live, and you may bring proceedings in the courts of that country. You can
also use the EU's online dispute resolution platform at ec.europa.eu/consumers/odr.
If you are a business, disputes are subject to the exclusive jurisdiction of the courts of Poland.
Please write to contact@darkstudio.photo first — most problems are quicker to solve directly.
14. General
If any part of these terms is found unenforceable, the rest continues to apply. Our not enforcing a term on one occasion does not mean we give it up. You may not transfer your rights under these terms; we may transfer ours if the service changes hands, and will tell you if that happens.
These terms, together with the Privacy Policy, are the whole agreement between us about the service.
15. Contact
Andrzej Duś - dus.org.pl
ul. Moniuszki 3a/15
98-300 Wieluń, Poland
NIP: 832-190-44-59