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PHOBIK STUDIO™ TERMS OF SERVICE

Version 1.0

Effective Date: August 1, 2026

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Phobik Corp, a Delaware corporation ("Phobik," "Phobik Corp," "we," "our," or "us"), governing your access to and use of Phobik Studio, including the website located at phobikstudio.com, all related services, software, artificial intelligence tools, generated content, applications, APIs, and any future features or services offered by Phobik Corp (collectively, the "Service").

By creating an account, purchasing credits, generating a song, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you may not use the Service.

TABLE OF CONTENTS

  1. Acceptance of Terms
  2. Eligibility
  3. Definitions
  4. About Phobik Studio
  5. Artificial Intelligence Disclosure
  6. User Accounts
  7. Credits, Payments and Billing
  8. Generated Songs & Artwork
  9. Personal Use License
  10. Commercial Use Restrictions
  11. Intellectual Property Rights
  12. User Prompts & Inputs
  13. Acceptable Use
  14. Third-Party AI Services
  15. Copyright Policy
  16. Disclaimer of Warranties
  17. Limitation of Liability
  18. Indemnification
  19. Termination
  20. Governing Law
  21. Arbitration
  22. Miscellaneous

1. ACCEPTANCE OF THESE TERMS

These Terms govern every interaction you have with Phobik Studio.

By accessing or using the Service, you represent and warrant that:

If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. ELIGIBILITY

The Service is intended for lawful personal use.

You may not use the Service if:

Phobik reserves the right to refuse access to any person or entity at any time, with or without notice, where permitted by applicable law.

3. DEFINITIONS

For purposes of these Terms:

"Service" means the Phobik Studio website, software, AI tools, generated content, features, credit system, APIs, and related services.

"Generated Song" means any musical composition, lyrics, vocals, audio recording, or other musical output generated through the Service.

"Generated Artwork" means any image, cover art, illustration, thumbnail, or other visual content generated by or through the Service.

"Generated Content" means all Generated Songs, Generated Artwork, text, titles, descriptions, metadata, and other AI-generated outputs created through the Service.

"Prompt" means any text, selections, preferences, information, or instructions submitted by a User to generate content.

"Credits" means the digital credits purchased or otherwise made available by Phobik for generating content through the Service.

"Commercial Use" means any use intended to generate revenue, promote a business, support advertising, obtain commercial advantage, or exploit content for financial gain, whether directly or indirectly.

"Personal Use" means private, non-commercial enjoyment and sharing as expressly permitted by these Terms.

4. ABOUT PHOBIK STUDIO

Phobik Studio is an artificial intelligence-powered creative platform designed to assist users in generating personalized songs and accompanying artwork based on user-provided prompts, preferences, and creative selections.

The Service currently includes experiences such as:

The Service is intended to facilitate creative expression and personal storytelling. It is not intended to replace professional musicians, composers, therapists, counselors, attorneys, financial advisors, or other licensed professionals.

5. ARTIFICIAL INTELLIGENCE DISCLOSURE

The Service uses artificial intelligence and machine learning technologies to generate music, lyrics, artwork, titles, and other creative outputs.

By using the Service, you acknowledge and agree that:

You are solely responsible for determining whether any Generated Content is appropriate for your intended use.

The Service should be viewed as a creative tool and not as a guarantee of exclusive artistic output.

6. USER ACCOUNTS

To access certain features of the Service, you may be required to create an account.

You agree to:

You are responsible for all activity occurring under your account, whether or not authorized by you, except where prohibited by applicable law.

Phobik reserves the right to suspend, restrict, or terminate any account reasonably believed to be compromised, fraudulent, abusive, or in violation of these Terms.

7. CREDITS, PAYMENTS, AND BILLING

Certain features of the Service require the purchase of Credits.

Credits are digital access rights that allow you to request AI-generated content through the Service. Credits are not currency, are not redeemable for cash, do not constitute personal property, and confer no ownership interest.

Unless otherwise required by applicable law:

Phobik reserves the right to modify credit pricing, promotional offers, or generation costs at any time. Such changes will not affect Credits already purchased except as required to maintain the integrity, security, or functionality of the Service.

Payment processing is handled by third-party payment providers. Phobik does not store complete payment card information and is not responsible for errors, delays, or security incidents attributable to third-party payment processors.

8. GENERATED SONGS & AI ARTWORK

The Service enables Users to generate original creative outputs using artificial intelligence based upon the information, prompts, selections, preferences, and creative direction provided by the User.

Generated Content may include, without limitation:

Generated Content is created through artificial intelligence and third-party AI technologies and is generated automatically without direct human composition, performance, or review by Phobik.

Phobik does not manually compose, edit, review, or verify each Generated Song or Generated Artwork.

Because artificial intelligence is inherently probabilistic, Generated Content:

Users acknowledge that AI-generated content is an emerging technology and accept these limitations as an inherent characteristic of the Service.

9. PERSONAL USE LICENSE

Subject to your continued compliance with these Terms, Phobik grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Generated Content created through your lawful use of the Service solely for Personal Use.

This license allows you to:

This license exists solely for Personal Use.

No ownership rights are transferred to you under this Agreement.

All rights not expressly granted herein are reserved by Phobik or its licensors.

10. COMMERCIAL USE RESTRICTIONS

Unless you first obtain a separate written Commercial License signed by an authorized representative of Phobik Corp, you may not use any Generated Content for Commercial Use.

Commercial Use includes, but is not limited to:

Music Distribution

You may not:

Monetization

You may not:

Licensing

You may not:

Business Promotion

You may not use Generated Content:

Artificial Intelligence

You may not:

Nothing in these Terms shall be interpreted as granting commercial exploitation rights.

Any Commercial Use without written authorization from Phobik constitutes a material breach of these Terms.

11. OWNERSHIP OF GENERATED CONTENT

Phobik does not claim ownership of the personal stories, ideas, or prompts that you submit to generate content.

However, because Generated Content is produced through artificial intelligence and may incorporate proprietary systems, workflows, prompt engineering, AI orchestration, and licensed third-party technologies, Phobik grants Users only the limited Personal Use license described in these Terms.

Except for that limited license, no ownership interest in the Generated Content is transferred or assigned.

Phobik expressly reserves all rights not expressly granted under these Terms.

Nothing contained herein shall be interpreted as transferring ownership of:

12. USER PROMPTS AND INPUTS

You retain ownership of the text, memories, stories, experiences, and information that you voluntarily submit to generate content.

By submitting Prompts to the Service, you represent and warrant that:

You grant Phobik a limited, worldwide, non-exclusive license to use your Prompts solely for the purpose of operating, providing, maintaining, securing, troubleshooting, and improving the Service, subject to our Privacy Policy.

13. SOCIAL MEDIA SHARING

Phobik encourages Users to celebrate meaningful moments by sharing Generated Songs and Artwork with friends, family, and their personal communities.

Accordingly, Users may share Generated Content on personal social media accounts for non-commercial purposes, provided that such sharing complies with these Terms and the policies of the applicable platform.

Nothing in this Section authorizes commercial exploitation, advertising, sponsorship, or monetization of Generated Content.

Users remain solely responsible for ensuring that their use of any third-party platform complies with that platform's terms and policies.

14. ACCEPTABLE USE

You agree that you will not use the Service to generate, request, distribute, or facilitate content that:

You further agree not to:

Phobik may suspend or terminate access, with or without notice where permitted by law, if we reasonably believe a User has violated these Terms or poses a risk to the integrity, security, or lawful operation of the Service.

15. THIRD-PARTY AI SERVICES

The Service may incorporate technologies, models, APIs, and infrastructure provided by independent third parties.

Phobik does not own or control such third-party services and is not responsible for their availability, functionality, security, policies, or outputs.

Your use of AI-generated content may also be subject to applicable terms imposed by those third-party providers.

Phobik reserves the right to substitute, modify, or discontinue third-party providers at any time without prior notice in order to improve the Service or maintain operational continuity.

Phobik respects the intellectual property rights of others and expects Users to do the same.

If you believe that any content available through the Service infringes your copyright or other intellectual property rights, you may submit a written notice requesting that the content be reviewed and, where appropriate, removed or disabled.

Your notice should include:

Phobik reserves the right to remove or disable access to content that it reasonably believes may infringe the intellectual property rights of others.

Phobik also reserves the right to terminate the accounts of repeat infringers where appropriate.

Copyright Agent

DMCA Notices should be sent to:

Phobik Corp
Attn: Copyright Agent
Email: support@phobikstudio.com

17. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS."

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOBIK CORP, ITS AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, AND ASSIGNS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

THIS INCLUDES, WITHOUT LIMITATION:

Phobik does not warrant that:

Artificial intelligence is an evolving technology. Outputs may vary significantly and may occasionally contain inaccuracies, inconsistencies, or unintended similarities to existing works. You acknowledge and accept these inherent characteristics of AI-generated content.

18. WELLNESS DISCLAIMER

Phobik Studio is a creative platform designed to facilitate personal expression through AI-generated music and artwork.

The Service is not intended to diagnose, treat, cure, prevent, or manage any medical, psychological, or psychiatric condition.

Nothing generated through the Service constitutes:

Any emotional, motivational, reflective, or supportive language contained within Generated Content is intended solely for creative and entertainment purposes.

If you are experiencing a medical emergency, mental health crisis, or thoughts of harming yourself or others, discontinue use of the Service and immediately contact emergency services or an appropriate licensed professional.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOBIK CORP, ITS AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO THE SERVICE.

THIS INCLUDES, WITHOUT LIMITATION:

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHOBIK'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

(a) THE TOTAL AMOUNT PAID BY YOU TO PHOBIK DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR

(b) ONE HUNDRED U.S. DOLLARS (US $100.00).

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, the foregoing limitations shall apply only to the maximum extent permitted by applicable law.

20. USER INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Phobik Corp and its affiliates, subsidiaries, officers, directors, employees, contractors, licensors, successors, assigns, and service providers from and against any and all claims, demands, actions, liabilities, damages, judgments, settlements, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Phobik reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such event, you agree to cooperate fully with Phobik in the defense of such matter.

21. SUSPENSION AND TERMINATION

Phobik may suspend, restrict, or terminate your access to the Service immediately, with or without notice where permitted by law, if we reasonably determine that:

Termination of your account does not relieve you of obligations incurred prior to termination, including payment obligations or restrictions on the use of Generated Content.

Sections that by their nature should survive termination—including those relating to intellectual property, licensing restrictions, disclaimers, limitation of liability, indemnification, dispute resolution, and governing law—shall remain in full force and effect.

22. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Subject to the arbitration provisions below, any legal proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Delaware, and each party irrevocably submits to the personal jurisdiction of such courts.

23. BINDING ARBITRATION

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except where prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association ("AAA") under its applicable Consumer Arbitration Rules.

The arbitration shall:

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration provision.

Judgment upon the arbitration award may be entered in any court having jurisdiction.

Nothing in this section prevents either party from seeking temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property rights or confidential information pending arbitration.

24. CLASS ACTION WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND PHOBIK EACH AGREE THAT ANY CLAIM SHALL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.

YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE PROCEEDING.

Unless both parties agree otherwise in writing, the arbitrator may not consolidate claims involving multiple parties.

25. JURY TRIAL WAIVER

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

26. FORCE MAJEURE

Phobik shall not be liable for any delay, interruption, or failure to perform resulting from causes beyond its reasonable control, including but not limited to:

27. CHANGES TO THE SERVICE

Phobik reserves the right to modify, suspend, discontinue, replace, or update any aspect of the Service, including features, pricing, AI providers, generation models, credit requirements, or functionality, at any time.

Where required by law, we will provide advance notice of material changes to these Terms or the Service.

Your continued use of the Service following the effective date of any revised Terms constitutes your acceptance of those revisions.

28. MISCELLANEOUS

These Terms constitute the entire agreement between you and Phobik regarding the Service and supersede all prior or contemporaneous agreements relating to the same subject matter.

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Phobik's failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.

You may not assign or transfer these Terms or any rights granted under them without Phobik's prior written consent. Phobik may assign these Terms in connection with a merger, acquisition, financing, corporate restructuring, or sale of assets.

Section headings are provided for convenience only and do not affect the interpretation of these Terms.

29. CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Phobik Corp
Phobik Studio™
Website: https://www.phobikstudio.com
Email: support@phobikstudio.com

Questions about this document? Email support@phobikstudio.com. All policies