Terms of Service
Refreshed on 13 September 2026 to stay transparent.
PhuseDraft, LLC Terms of Service
Effective Date: [13/09/2026]
Last Updated: [13/09/2026]
Welcome to PhuseDraft.
These Terms of Service (“Terms”) govern your access to and use of the PhuseDraft website, application, software, features, content, and related services (collectively, the “Services”).
The Services are provided by PhuseDraft, LLC, a limited liability company organized under the laws of the State of New Mexico, United States (“PhuseDraft,” “we,” “us,” or “our”).
By creating an account, clicking “Sign Up,” purchasing a subscription, or otherwise accessing or using the Services, you agree to be legally bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Services.
1. Eligibility
You must be legally capable of entering into a binding agreement to use PhuseDraft.
If you are under the minimum age required to enter into contracts in your jurisdiction, you may use the Services only with the involvement and legally valid consent of a parent or legal guardian where required by law.
By using the Services, you represent that:
You satisfy the applicable eligibility requirements;
The information you provide is accurate;
You have authority to enter into these Terms; and
Your use of the Services complies with applicable law.
2. Your PhuseDraft Account
Some features require you to create an account.
You are responsible for:
Providing accurate registration information;
Maintaining the confidentiality of your account credentials;
Maintaining the security of your account;
Updating inaccurate account information; and
All activity occurring through your account unless caused by circumstances outside your reasonable control.
You must notify PhuseDraft promptly if you believe your account has been compromised or accessed without authorization.
You may not:
Create an account using false information;
Impersonate another person;
Create an account for another person without authorization;
Circumvent account restrictions;
Share your account credentials in a manner that violates your subscription or these Terms; or
Use another person's account without authorization.
3. The PhuseDraft Service
PhuseDraft provides tools intended to help writers develop and organize creative projects.
Features may include:
Story ideation;
Logline development;
Character development;
Story structure selection;
Beat-sheet generation;
Screenplay outlining;
Scene development;
AI-assisted writing;
Project organization;
Creative analysis;
Exporting and related functionality.
Features may change over time.
We may add, modify, suspend, or discontinue features where reasonably necessary to improve the Services, maintain security, comply with law, or operate the business.
4. User Content
4.1 Your Content
You retain ownership of the creative content that you submit to PhuseDraft.
This may include:
Story ideas;
Characters;
Screenplays;
Loglines;
Synopses;
Plot concepts;
Beat sheets;
Outlines;
Dialogue;
Scene descriptions;
Notes;
World-building;
Research;
Drafts; and
Other creative material.
Collectively, this is referred to as “User Content.”
PhuseDraft does not claim ownership of your User Content merely because you submit or store it through the Services.
4.2 Licence to PhuseDraft
To operate PhuseDraft, you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, process, modify for technical purposes, display, and otherwise use your User Content solely as reasonably necessary to:
Provide the Services;
Process your requests;
Generate requested outputs;
Store and synchronise your projects;
Maintain and secure the Services;
Prevent fraud and abuse;
Troubleshoot technical problems;
Comply with applicable law; and
Enforce these Terms.
This licence does not give PhuseDraft ownership of your User Content.
We do not sell your private User Content as a commercial data product.
5. Artificial Intelligence Features
PhuseDraft uses artificial intelligence technologies, including the OpenAI API, to provide certain features.
When you use an AI-powered feature, information necessary to fulfil your request may be transmitted to the relevant AI service provider.
5.1 AI Outputs
AI-generated outputs may include:
Story ideas;
Character concepts;
Beat sheets;
Outlines;
Scene descriptions;
Dialogue;
Revisions;
Summaries; and
Other creative material.
AI systems generate outputs probabilistically and may produce inaccurate, incomplete, repetitive, inappropriate, or unexpected material.
You are responsible for reviewing AI-generated material before using, publishing, submitting, or commercialising it.
5.2 No Guarantee of Exclusivity
PhuseDraft does not guarantee that AI-generated material will be unique or that another user will not receive similar or identical material.
Because AI systems may generate similar outputs from similar inputs, you should not assume that an AI-generated output is necessarily exclusive to you.
5.3 Copyright and AI-Generated Material
PhuseDraft does not claim ownership of AI-generated output solely because it was generated through the Services.
However, the legal status of AI-generated material varies by jurisdiction.
Copyright protection may depend on factors including:
Human authorship;
Originality;
The nature and extent of human creative contribution; and
Applicable copyright law.
Accordingly, PhuseDraft does not guarantee that any particular AI-generated output is copyrightable, exclusively owned by you, or protected from third-party claims.
You are responsible for determining whether and how generated material may lawfully be used.
6. AI Training and Your Content
PhuseDraft does not intentionally use private User Content submitted through its OpenAI API integration to train publicly available foundation AI models.
OpenAI states that API inputs and outputs are not used to train its models by default, subject to its applicable policies and configurations.
However, PhuseDraft relies on third-party infrastructure, including Base44, to operate the application.
Accordingly, your information may be processed by third-party service providers as necessary to provide, maintain, secure, and operate PhuseDraft.
Our treatment of personal information is described in greater detail in the PhuseDraft Privacy Policy.
7. Base44 Infrastructure
PhuseDraft was developed and is operated using Base44 and its associated infrastructure.
Base44 and its infrastructure providers may process information necessary to host, maintain, secure, monitor, and operate the Services.
You acknowledge that third-party infrastructure is an integral part of providing PhuseDraft.
PhuseDraft will use reasonable technical and contractual measures to protect User Content and personal information processed through these services.
8. Your Responsibilities Regarding User Content
You are solely responsible for the User Content you submit to PhuseDraft.
You represent and warrant that:
You own the User Content or have sufficient rights and permissions to use it;
Your submission of the User Content does not violate another person's rights;
Your User Content does not knowingly infringe copyright, trademark, privacy, publicity, confidentiality, or other rights;
You have obtained appropriate permission before submitting personal information belonging to another person where required;
Your User Content does not contain unlawful material; and
Your use of User Content through PhuseDraft complies with applicable law.
You should not upload confidential information belonging to another person or organisation unless you are authorised to do so.
9. Prohibited Uses
You may not use PhuseDraft to:
Violate applicable law;
Infringe intellectual-property rights;
Infringe privacy or publicity rights;
Commit fraud;
Facilitate identity theft;
Distribute malware or malicious code;
Attempt to gain unauthorised access to systems;
Circumvent security controls;
Interfere with the operation of the Services;
Reverse engineer the Services except where expressly permitted by applicable law;
Scrape the Services in an unauthorised manner;
Abuse automated systems or APIs;
Generate content intended to facilitate unlawful activity;
Upload content you do not have the right to use;
Harass, threaten, or target individuals unlawfully;
Attempt to extract or expose another user's private information; or
Use PhuseDraft in a way that could reasonably harm the Services or other users.
We may suspend or terminate accounts that materially violate these restrictions.
10. Intellectual Property Belonging to PhuseDraft
The Services, including their software, interface, design, branding, logos, trademarks, documentation, features, and underlying technology, are owned by or licensed to PhuseDraft.
Except for the rights expressly granted to you under these Terms, PhuseDraft retains all rights, title, and interest in the Services.
You may not copy, reproduce, distribute, modify, reverse engineer, sell, license, or commercially exploit PhuseDraft's proprietary software or branding without our written permission.
Your User Content remains yours.
PhuseDraft's intellectual property remains PhuseDraft's.
11. Feedback
If you provide suggestions, ideas, feature requests, or other feedback concerning PhuseDraft (“Feedback”), you grant PhuseDraft permission to use that Feedback without restriction or compensation.
Feedback does not include your underlying User Content.
We may use Feedback to develop, improve, or modify the Services.
12. Subscriptions and Paid Services
Certain PhuseDraft features may require a paid subscription.
Subscription plans, prices, usage limits, billing periods, and included features will be presented before purchase.
By purchasing a subscription, you authorise the applicable payment provider to process the charges associated with your selected plan.
PhuseDraft may change subscription pricing or features in accordance with applicable law.
Where a price change materially affects your existing subscription, we will provide notice where required.
13. Payment Processing
PhuseDraft uses Dodo Payments for payment processing and Merchant of Record services.
Dodo Payments may process payment and transaction information necessary to complete purchases and administer subscriptions.
PhuseDraft does not intentionally store complete payment-card numbers on its own application servers.
Payment processing is performed through Dodo Payments and its applicable payment-service infrastructure.
Dodo Payments may separately process certain information as an independent controller under its own privacy documentation.
You should review Dodo Payments' applicable terms and privacy policy for additional information concerning its processing activities.
14. Subscription Renewal
Unless otherwise stated at checkout, paid subscriptions may automatically renew at the end of each billing period.
You authorise Dodo Payments to charge the applicable subscription fee for each renewal period until you cancel.
The renewal price will be the price applicable to your subscription at the time of renewal, subject to any notice requirements imposed by applicable law.
15. Cancellation
You may cancel your subscription through the cancellation mechanism provided within your account or through the applicable payment-management interface.
Cancellation generally prevents future renewal but does not necessarily result in an immediate termination of access during a prepaid billing period.
Unless otherwise required by law or expressly stated at purchase, cancelling a subscription does not automatically create a right to a refund for unused time.
16. Refunds
Refund eligibility depends on the applicable subscription terms, purchase terms, and mandatory consumer-protection laws.
Where Dodo Payments acts as Merchant of Record, refunds may be processed through Dodo Payments.
If you believe you have been incorrectly charged, contact PhuseDraft or use the applicable billing-support mechanism as soon as reasonably possible.
Nothing in these Terms limits a refund or consumer right that cannot lawfully be excluded.
17. Free Trials and Promotional Offers
PhuseDraft may offer free trials, promotional pricing, credits, or other introductory offers.
Unless otherwise stated:
Promotional offers may be limited to one per person or account;
PhuseDraft may withdraw or modify an offer where permitted by law;
Trial periods may automatically convert into paid subscriptions if clearly disclosed at the time of signup; and
You may cancel before the end of the trial to avoid a future charge where applicable.
Specific promotional terms presented at signup will control in the event of a conflict with this section.
18. Availability of the Services
We aim to provide a reliable service, but we do not guarantee that PhuseDraft will:
Always be available;
Be uninterrupted;
Be error-free;
Be available in every country;
Support every device or browser;
Maintain every feature indefinitely; or
Always produce the same AI output.
The Services may occasionally be unavailable because of:
Maintenance;
Infrastructure failures;
Security incidents;
Third-party service interruptions;
Internet or telecommunications problems;
Updates;
Force majeure events; or
Other circumstances beyond our reasonable control.
19. Third-Party Services
PhuseDraft relies on third-party services to provide portions of the platform.
These currently include, or may include:
Base44 — application infrastructure and hosting;
OpenAI — AI processing;
Dodo Payments — payment processing and Merchant of Record services; and
Other infrastructure providers used by these services.
Third-party services may have their own terms, privacy policies, security practices, and availability limitations.
PhuseDraft is not responsible for the independent actions or failures of third-party services to the extent permitted by law.
20. Privacy
Your use of PhuseDraft is also governed by our Privacy Policy, which explains how we collect, use, store, protect, and disclose personal information.
The Privacy Policy is incorporated into these Terms by reference.
21. Security
We implement reasonable technical and organisational safeguards designed to protect the Services and information processed through them.
However, no online service can guarantee absolute security.
You are responsible for maintaining the security of your account credentials and devices.
If you discover a suspected security vulnerability or unauthorised access, you should notify PhuseDraft promptly.
22. Account Suspension and Termination
We may suspend or terminate your account if:
You materially violate these Terms;
You engage in fraudulent or abusive conduct;
Your use presents a security risk;
Your account is used for unlawful activity;
You fail to pay applicable charges;
We are required to do so by law; or
Continued access would reasonably expose PhuseDraft or other users to significant risk.
Where reasonably practicable, we may provide notice and an opportunity to address a violation before termination.
We may also suspend access temporarily when necessary to investigate security or abuse issues.
23. Termination by You
You may stop using PhuseDraft at any time.
You may also request deletion of your account in accordance with our Privacy Policy.
Termination of your account does not automatically eliminate obligations that by their nature should survive termination.
24. Effect of Termination
When your account is terminated or deleted:
Your right to access the Services may end;
Your saved projects may become inaccessible;
Your User Content may be deleted according to our Privacy Policy and retention procedures;
Outstanding payment obligations remain due; and
Provisions intended to survive termination will continue to apply.
You are responsible for exporting or downloading important content before terminating your account where export functionality is available.
25. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
PhuseDraft does not warrant that the Services will be:
Uninterrupted;
Error-free;
Completely secure;
Accurate;
Suitable for every purpose;
Free from third-party claims; or
Available indefinitely.
We do not warrant that AI-generated content will be:
Accurate;
Original;
Complete;
Suitable for publication;
Suitable for commercial use;
Copyrightable;
Legally protected; or
Free from similarities to material generated for other users.
You are responsible for reviewing outputs and making your own legal, creative, editorial, and commercial decisions.
Nothing in these Terms excludes warranties that cannot lawfully be excluded.
26. Limitation of Liability
To the maximum extent permitted by applicable law, PhuseDraft and its members, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of the Services.
This may include loss of:
Profits;
Revenue;
Business opportunities;
Data;
Goodwill;
Creative opportunities; or
Expected commercial benefits.
To the maximum extent permitted by applicable law, PhuseDraft's aggregate liability arising from or relating to the Services will not exceed the greater of:
The amount you paid PhuseDraft for the Services during the twelve (12) months immediately preceding the event giving rise to the claim; or
US$100.
This limitation does not apply to liability that cannot legally be limited or excluded.
27. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PhuseDraft, its members, officers, employees, contractors, affiliates, and service providers from claims, liabilities, damages, losses, and reasonable expenses arising from:
Your violation of these Terms;
Your unlawful use of the Services;
Your User Content;
Your infringement of another person's intellectual-property or other rights;
Your fraudulent or abusive conduct; or
Your violation of applicable law.
PhuseDraft reserves the right to assume exclusive control of the defence of a matter subject to indemnification, in which case you agree to reasonably cooperate with us.
28. Copyright Complaints
PhuseDraft respects intellectual-property rights.
If you believe that material available through the Services infringes your copyright, you may contact us with information sufficient to identify:
The copyrighted work;
The allegedly infringing material;
The location of the material;
Your contact information;
A statement that you have a good-faith belief that the use is unauthorised; and
A statement that the information in your notice is accurate.
PhuseDraft may remove or restrict access to allegedly infringing material where appropriate.
Copyright Contact: [support@phusedraft.com]
29. Changes to the Services
PhuseDraft may modify, add, suspend, or discontinue features of the Services.
Where practical, we will provide reasonable notice of material changes.
Some changes may be necessary immediately for:
Security;
Legal compliance;
Fraud prevention;
Technical requirements; or
Third-party infrastructure changes.
30. Changes to These Terms
We may update these Terms from time to time.
When material changes are made, we may provide notice through the Services, by email, or through another reasonable method.
The revised Terms will identify the updated effective date.
Your continued use of PhuseDraft after the revised Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
31. Governing Law
These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law principles, except to the extent that mandatory consumer-protection or other applicable laws require otherwise.
Nothing in this section is intended to deprive consumers of mandatory rights granted by the laws of their jurisdiction.
32. Dispute Resolution
Before commencing formal legal proceedings, you and PhuseDraft agree to make a good-faith effort to resolve disputes informally.
You may initiate this process by contacting:
Legal Contact: [support@phusedraft.com]
If a dispute cannot be resolved informally, it may be resolved through the courts or other dispute-resolution mechanism permitted under applicable law.
33. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will continue in effect.
34. No Waiver
If PhuseDraft does not immediately enforce a provision of these Terms, that does not constitute a waiver of our right to enforce that provision later.
35. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms expressly incorporated into the Services, constitute the agreement between you and PhuseDraft concerning your use of the Services.
If there is a conflict between these Terms and a specific product or subscription agreement, the specific agreement will control to the extent of the conflict.
36. Assignment
You may not transfer your rights or obligations under these Terms without PhuseDraft's prior written consent, except where such restriction is prohibited by applicable law.
PhuseDraft may transfer or assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or other business transaction.
37. Contact Us
For questions regarding these Terms, contact:
PhuseDraft, LLC
New Mexico, United States
Business Address: [2105 Vista Oeste NW, Suite E#3322, Albuquerque, NM 87120]
General Contact: [support@phusedraft.com]
Legal Contact: [support@phusedraft.com]
Privacy Contact: [support@phusedraft.com]
38. Sign-Up Consent
By clicking “Create Account,” “Sign Up,” “Start Writing,” or an equivalent registration button, you confirm that:
You have read and agree to these Terms of Service;
You have read and acknowledge our Privacy Policy;
You meet the applicable eligibility requirements;
You have the right to submit the User Content you provide;
You understand that PhuseDraft uses third-party infrastructure and AI services, including OpenAI and Base44; and
You understand that AI-generated material should be reviewed before being relied upon or published.
End of Terms of Service
PhuseDraft, LLC Terms of Service
Effective Date: [13/09/2026]
Last Updated: [13/09/2026]
Welcome to PhuseDraft.
These Terms of Service (“Terms”) govern your access to and use of the PhuseDraft website, application, software, features, content, and related services (collectively, the “Services”).
The Services are provided by PhuseDraft, LLC, a limited liability company organized under the laws of the State of New Mexico, United States (“PhuseDraft,” “we,” “us,” or “our”).
By creating an account, clicking “Sign Up,” purchasing a subscription, or otherwise accessing or using the Services, you agree to be legally bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Services.
1. Eligibility
You must be legally capable of entering into a binding agreement to use PhuseDraft.
If you are under the minimum age required to enter into contracts in your jurisdiction, you may use the Services only with the involvement and legally valid consent of a parent or legal guardian where required by law.
By using the Services, you represent that:
You satisfy the applicable eligibility requirements;
The information you provide is accurate;
You have authority to enter into these Terms; and
Your use of the Services complies with applicable law.
2. Your PhuseDraft Account
Some features require you to create an account.
You are responsible for:
Providing accurate registration information;
Maintaining the confidentiality of your account credentials;
Maintaining the security of your account;
Updating inaccurate account information; and
All activity occurring through your account unless caused by circumstances outside your reasonable control.
You must notify PhuseDraft promptly if you believe your account has been compromised or accessed without authorization.
You may not:
Create an account using false information;
Impersonate another person;
Create an account for another person without authorization;
Circumvent account restrictions;
Share your account credentials in a manner that violates your subscription or these Terms; or
Use another person's account without authorization.
3. The PhuseDraft Service
PhuseDraft provides tools intended to help writers develop and organize creative projects.
Features may include:
Story ideation;
Logline development;
Character development;
Story structure selection;
Beat-sheet generation;
Screenplay outlining;
Scene development;
AI-assisted writing;
Project organization;
Creative analysis;
Exporting and related functionality.
Features may change over time.
We may add, modify, suspend, or discontinue features where reasonably necessary to improve the Services, maintain security, comply with law, or operate the business.
4. User Content
4.1 Your Content
You retain ownership of the creative content that you submit to PhuseDraft.
This may include:
Story ideas;
Characters;
Screenplays;
Loglines;
Synopses;
Plot concepts;
Beat sheets;
Outlines;
Dialogue;
Scene descriptions;
Notes;
World-building;
Research;
Drafts; and
Other creative material.
Collectively, this is referred to as “User Content.”
PhuseDraft does not claim ownership of your User Content merely because you submit or store it through the Services.
4.2 Licence to PhuseDraft
To operate PhuseDraft, you grant us a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit, process, modify for technical purposes, display, and otherwise use your User Content solely as reasonably necessary to:
Provide the Services;
Process your requests;
Generate requested outputs;
Store and synchronise your projects;
Maintain and secure the Services;
Prevent fraud and abuse;
Troubleshoot technical problems;
Comply with applicable law; and
Enforce these Terms.
This licence does not give PhuseDraft ownership of your User Content.
We do not sell your private User Content as a commercial data product.
5. Artificial Intelligence Features
PhuseDraft uses artificial intelligence technologies, including the OpenAI API, to provide certain features.
When you use an AI-powered feature, information necessary to fulfil your request may be transmitted to the relevant AI service provider.
5.1 AI Outputs
AI-generated outputs may include:
Story ideas;
Character concepts;
Beat sheets;
Outlines;
Scene descriptions;
Dialogue;
Revisions;
Summaries; and
Other creative material.
AI systems generate outputs probabilistically and may produce inaccurate, incomplete, repetitive, inappropriate, or unexpected material.
You are responsible for reviewing AI-generated material before using, publishing, submitting, or commercialising it.
5.2 No Guarantee of Exclusivity
PhuseDraft does not guarantee that AI-generated material will be unique or that another user will not receive similar or identical material.
Because AI systems may generate similar outputs from similar inputs, you should not assume that an AI-generated output is necessarily exclusive to you.
5.3 Copyright and AI-Generated Material
PhuseDraft does not claim ownership of AI-generated output solely because it was generated through the Services.
However, the legal status of AI-generated material varies by jurisdiction.
Copyright protection may depend on factors including:
Human authorship;
Originality;
The nature and extent of human creative contribution; and
Applicable copyright law.
Accordingly, PhuseDraft does not guarantee that any particular AI-generated output is copyrightable, exclusively owned by you, or protected from third-party claims.
You are responsible for determining whether and how generated material may lawfully be used.
6. AI Training and Your Content
PhuseDraft does not intentionally use private User Content submitted through its OpenAI API integration to train publicly available foundation AI models.
OpenAI states that API inputs and outputs are not used to train its models by default, subject to its applicable policies and configurations.
However, PhuseDraft relies on third-party infrastructure, including Base44, to operate the application.
Accordingly, your information may be processed by third-party service providers as necessary to provide, maintain, secure, and operate PhuseDraft.
Our treatment of personal information is described in greater detail in the PhuseDraft Privacy Policy.
7. Base44 Infrastructure
PhuseDraft was developed and is operated using Base44 and its associated infrastructure.
Base44 and its infrastructure providers may process information necessary to host, maintain, secure, monitor, and operate the Services.
You acknowledge that third-party infrastructure is an integral part of providing PhuseDraft.
PhuseDraft will use reasonable technical and contractual measures to protect User Content and personal information processed through these services.
8. Your Responsibilities Regarding User Content
You are solely responsible for the User Content you submit to PhuseDraft.
You represent and warrant that:
You own the User Content or have sufficient rights and permissions to use it;
Your submission of the User Content does not violate another person's rights;
Your User Content does not knowingly infringe copyright, trademark, privacy, publicity, confidentiality, or other rights;
You have obtained appropriate permission before submitting personal information belonging to another person where required;
Your User Content does not contain unlawful material; and
Your use of User Content through PhuseDraft complies with applicable law.
You should not upload confidential information belonging to another person or organisation unless you are authorised to do so.
9. Prohibited Uses
You may not use PhuseDraft to:
Violate applicable law;
Infringe intellectual-property rights;
Infringe privacy or publicity rights;
Commit fraud;
Facilitate identity theft;
Distribute malware or malicious code;
Attempt to gain unauthorised access to systems;
Circumvent security controls;
Interfere with the operation of the Services;
Reverse engineer the Services except where expressly permitted by applicable law;
Scrape the Services in an unauthorised manner;
Abuse automated systems or APIs;
Generate content intended to facilitate unlawful activity;
Upload content you do not have the right to use;
Harass, threaten, or target individuals unlawfully;
Attempt to extract or expose another user's private information; or
Use PhuseDraft in a way that could reasonably harm the Services or other users.
We may suspend or terminate accounts that materially violate these restrictions.
10. Intellectual Property Belonging to PhuseDraft
The Services, including their software, interface, design, branding, logos, trademarks, documentation, features, and underlying technology, are owned by or licensed to PhuseDraft.
Except for the rights expressly granted to you under these Terms, PhuseDraft retains all rights, title, and interest in the Services.
You may not copy, reproduce, distribute, modify, reverse engineer, sell, license, or commercially exploit PhuseDraft's proprietary software or branding without our written permission.
Your User Content remains yours.
PhuseDraft's intellectual property remains PhuseDraft's.
11. Feedback
If you provide suggestions, ideas, feature requests, or other feedback concerning PhuseDraft (“Feedback”), you grant PhuseDraft permission to use that Feedback without restriction or compensation.
Feedback does not include your underlying User Content.
We may use Feedback to develop, improve, or modify the Services.
12. Subscriptions and Paid Services
Certain PhuseDraft features may require a paid subscription.
Subscription plans, prices, usage limits, billing periods, and included features will be presented before purchase.
By purchasing a subscription, you authorise the applicable payment provider to process the charges associated with your selected plan.
PhuseDraft may change subscription pricing or features in accordance with applicable law.
Where a price change materially affects your existing subscription, we will provide notice where required.
13. Payment Processing
PhuseDraft uses Dodo Payments for payment processing and Merchant of Record services.
Dodo Payments may process payment and transaction information necessary to complete purchases and administer subscriptions.
PhuseDraft does not intentionally store complete payment-card numbers on its own application servers.
Payment processing is performed through Dodo Payments and its applicable payment-service infrastructure.
Dodo Payments may separately process certain information as an independent controller under its own privacy documentation.
You should review Dodo Payments' applicable terms and privacy policy for additional information concerning its processing activities.
14. Subscription Renewal
Unless otherwise stated at checkout, paid subscriptions may automatically renew at the end of each billing period.
You authorise Dodo Payments to charge the applicable subscription fee for each renewal period until you cancel.
The renewal price will be the price applicable to your subscription at the time of renewal, subject to any notice requirements imposed by applicable law.
15. Cancellation
You may cancel your subscription through the cancellation mechanism provided within your account or through the applicable payment-management interface.
Cancellation generally prevents future renewal but does not necessarily result in an immediate termination of access during a prepaid billing period.
Unless otherwise required by law or expressly stated at purchase, cancelling a subscription does not automatically create a right to a refund for unused time.
16. Refunds
Refund eligibility depends on the applicable subscription terms, purchase terms, and mandatory consumer-protection laws.
Where Dodo Payments acts as Merchant of Record, refunds may be processed through Dodo Payments.
If you believe you have been incorrectly charged, contact PhuseDraft or use the applicable billing-support mechanism as soon as reasonably possible.
Nothing in these Terms limits a refund or consumer right that cannot lawfully be excluded.
17. Free Trials and Promotional Offers
PhuseDraft may offer free trials, promotional pricing, credits, or other introductory offers.
Unless otherwise stated:
Promotional offers may be limited to one per person or account;
PhuseDraft may withdraw or modify an offer where permitted by law;
Trial periods may automatically convert into paid subscriptions if clearly disclosed at the time of signup; and
You may cancel before the end of the trial to avoid a future charge where applicable.
Specific promotional terms presented at signup will control in the event of a conflict with this section.
18. Availability of the Services
We aim to provide a reliable service, but we do not guarantee that PhuseDraft will:
Always be available;
Be uninterrupted;
Be error-free;
Be available in every country;
Support every device or browser;
Maintain every feature indefinitely; or
Always produce the same AI output.
The Services may occasionally be unavailable because of:
Maintenance;
Infrastructure failures;
Security incidents;
Third-party service interruptions;
Internet or telecommunications problems;
Updates;
Force majeure events; or
Other circumstances beyond our reasonable control.
19. Third-Party Services
PhuseDraft relies on third-party services to provide portions of the platform.
These currently include, or may include:
Base44 — application infrastructure and hosting;
OpenAI — AI processing;
Dodo Payments — payment processing and Merchant of Record services; and
Other infrastructure providers used by these services.
Third-party services may have their own terms, privacy policies, security practices, and availability limitations.
PhuseDraft is not responsible for the independent actions or failures of third-party services to the extent permitted by law.
20. Privacy
Your use of PhuseDraft is also governed by our Privacy Policy, which explains how we collect, use, store, protect, and disclose personal information.
The Privacy Policy is incorporated into these Terms by reference.
21. Security
We implement reasonable technical and organisational safeguards designed to protect the Services and information processed through them.
However, no online service can guarantee absolute security.
You are responsible for maintaining the security of your account credentials and devices.
If you discover a suspected security vulnerability or unauthorised access, you should notify PhuseDraft promptly.
22. Account Suspension and Termination
We may suspend or terminate your account if:
You materially violate these Terms;
You engage in fraudulent or abusive conduct;
Your use presents a security risk;
Your account is used for unlawful activity;
You fail to pay applicable charges;
We are required to do so by law; or
Continued access would reasonably expose PhuseDraft or other users to significant risk.
Where reasonably practicable, we may provide notice and an opportunity to address a violation before termination.
We may also suspend access temporarily when necessary to investigate security or abuse issues.
23. Termination by You
You may stop using PhuseDraft at any time.
You may also request deletion of your account in accordance with our Privacy Policy.
Termination of your account does not automatically eliminate obligations that by their nature should survive termination.
24. Effect of Termination
When your account is terminated or deleted:
Your right to access the Services may end;
Your saved projects may become inaccessible;
Your User Content may be deleted according to our Privacy Policy and retention procedures;
Outstanding payment obligations remain due; and
Provisions intended to survive termination will continue to apply.
You are responsible for exporting or downloading important content before terminating your account where export functionality is available.
25. Disclaimer of Warranties
To the maximum extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.
PhuseDraft does not warrant that the Services will be:
Uninterrupted;
Error-free;
Completely secure;
Accurate;
Suitable for every purpose;
Free from third-party claims; or
Available indefinitely.
We do not warrant that AI-generated content will be:
Accurate;
Original;
Complete;
Suitable for publication;
Suitable for commercial use;
Copyrightable;
Legally protected; or
Free from similarities to material generated for other users.
You are responsible for reviewing outputs and making your own legal, creative, editorial, and commercial decisions.
Nothing in these Terms excludes warranties that cannot lawfully be excluded.
26. Limitation of Liability
To the maximum extent permitted by applicable law, PhuseDraft and its members, officers, employees, contractors, affiliates, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from or relating to your use of the Services.
This may include loss of:
Profits;
Revenue;
Business opportunities;
Data;
Goodwill;
Creative opportunities; or
Expected commercial benefits.
To the maximum extent permitted by applicable law, PhuseDraft's aggregate liability arising from or relating to the Services will not exceed the greater of:
The amount you paid PhuseDraft for the Services during the twelve (12) months immediately preceding the event giving rise to the claim; or
US$100.
This limitation does not apply to liability that cannot legally be limited or excluded.
27. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless PhuseDraft, its members, officers, employees, contractors, affiliates, and service providers from claims, liabilities, damages, losses, and reasonable expenses arising from:
Your violation of these Terms;
Your unlawful use of the Services;
Your User Content;
Your infringement of another person's intellectual-property or other rights;
Your fraudulent or abusive conduct; or
Your violation of applicable law.
PhuseDraft reserves the right to assume exclusive control of the defence of a matter subject to indemnification, in which case you agree to reasonably cooperate with us.
28. Copyright Complaints
PhuseDraft respects intellectual-property rights.
If you believe that material available through the Services infringes your copyright, you may contact us with information sufficient to identify:
The copyrighted work;
The allegedly infringing material;
The location of the material;
Your contact information;
A statement that you have a good-faith belief that the use is unauthorised; and
A statement that the information in your notice is accurate.
PhuseDraft may remove or restrict access to allegedly infringing material where appropriate.
Copyright Contact: [support@phusedraft.com]
29. Changes to the Services
PhuseDraft may modify, add, suspend, or discontinue features of the Services.
Where practical, we will provide reasonable notice of material changes.
Some changes may be necessary immediately for:
Security;
Legal compliance;
Fraud prevention;
Technical requirements; or
Third-party infrastructure changes.
30. Changes to These Terms
We may update these Terms from time to time.
When material changes are made, we may provide notice through the Services, by email, or through another reasonable method.
The revised Terms will identify the updated effective date.
Your continued use of PhuseDraft after the revised Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
31. Governing Law
These Terms are governed by the laws of the State of New Mexico, United States, without regard to conflict-of-law principles, except to the extent that mandatory consumer-protection or other applicable laws require otherwise.
Nothing in this section is intended to deprive consumers of mandatory rights granted by the laws of their jurisdiction.
32. Dispute Resolution
Before commencing formal legal proceedings, you and PhuseDraft agree to make a good-faith effort to resolve disputes informally.
You may initiate this process by contacting:
Legal Contact: [support@phusedraft.com]
If a dispute cannot be resolved informally, it may be resolved through the courts or other dispute-resolution mechanism permitted under applicable law.
33. Severability
If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, that provision will be modified or limited to the minimum extent necessary, and the remaining provisions will continue in effect.
34. No Waiver
If PhuseDraft does not immediately enforce a provision of these Terms, that does not constitute a waiver of our right to enforce that provision later.
35. Entire Agreement
These Terms, together with the Privacy Policy and any additional terms expressly incorporated into the Services, constitute the agreement between you and PhuseDraft concerning your use of the Services.
If there is a conflict between these Terms and a specific product or subscription agreement, the specific agreement will control to the extent of the conflict.
36. Assignment
You may not transfer your rights or obligations under these Terms without PhuseDraft's prior written consent, except where such restriction is prohibited by applicable law.
PhuseDraft may transfer or assign these Terms in connection with a merger, acquisition, restructuring, sale of assets, or other business transaction.
37. Contact Us
For questions regarding these Terms, contact:
PhuseDraft, LLC
New Mexico, United States
Business Address: [2105 Vista Oeste NW, Suite E#3322, Albuquerque, NM 87120]
General Contact: [support@phusedraft.com]
Legal Contact: [support@phusedraft.com]
Privacy Contact: [support@phusedraft.com]
38. Sign-Up Consent
By clicking “Create Account,” “Sign Up,” “Start Writing,” or an equivalent registration button, you confirm that:
You have read and agree to these Terms of Service;
You have read and acknowledge our Privacy Policy;
You meet the applicable eligibility requirements;
You have the right to submit the User Content you provide;
You understand that PhuseDraft uses third-party infrastructure and AI services, including OpenAI and Base44; and
You understand that AI-generated material should be reviewed before being relied upon or published.
End of Terms of Service
