Terms of Service

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and PhishOut AI ("we", "us") governing your access to and use of phishoutai.com, app.phishoutai.com, and all associated services (the "Service").

By creating an account, purchasing credits, using the Service, or clicking "I agree" on any interface, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy.

Service Description

PhishOut AI is a cybersecurity analysis platform powered by Google Gemini AI. It analyses submitted content (email text, URLs, files, messages) to detect phishing attempts, social engineering, malicious links, and other threats.

The Service provides an informational analysis output and does not constitute professional cybersecurity advice.

Eligibility

You must be at least 16 years old to use the Service. By using PhishOut AI, you represent that you are at least 16, have legal capacity to enter into a binding contract, and are not located in a country subject to EU or UN embargo.

If using the Service on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

Accounts

4.1 Registration

Certain features require account registration. You agree to provide accurate, current, and complete information and to keep it up to date.

4.2 Account Security

You are responsible for maintaining the confidentiality of your password and for all activities under your account. Notify us immediately via our contact page of any unauthorised use.

4.3 One Account per User

Each person may maintain only one account. Creating multiple accounts to circumvent usage limits or obtain additional free daily credits is a violation of these Terms and may result in immediate termination of all associated accounts.

4.4 Pro — Single Concurrent Session

When you have an active credit balance, only one active session per account is permitted at any given time. Sharing credentials with other individuals is prohibited. Our system detects concurrent session conflicts and notifies the account holder.

Credits & Purchases

5.1 Free Plan Credits

All registered users receive 2 free credits per day, resetting at midnight UTC. Free credits do not carry over to the next day and cannot be accumulated.

5.2 Credit Packs (Pro)

Credit packs are available for purchase via our website. Each credit corresponds to one analysis. The available packs and indicative prices are:

Prices are shown inclusive of applicable VAT. We reserve the right to change pack prices with at least 14 days' advance notice by email to registered users.

5.3 Credits Never Expire

Purchased credits never expire. They remain in your account indefinitely, regardless of how long you take to use them, and accumulate across multiple purchases.

5.4 Pro Feature Access

Pro features (URL analysis, analysis history, PDF export, Gemini Pro model, files up to 16 MB) are available while your credit balance is greater than zero. When your balance reaches zero, your account automatically reverts to Free tier. Purchasing additional credits restores Pro access immediately.

5.5 Credit Consumption

One credit is deducted per analysis, regardless of whether the result was served from cache or freshly generated. If an analysis fails due to a server-side error on our part, the credit is not consumed. Credits are deducted atomically to prevent double-spending.

5.6 No Refunds on Credits

All credit pack purchases are final and non-refundable, except where required by applicable law. As credits never expire and are usable on demand, we do not offer partial refunds for unused credits.

5.7 Right of Withdrawal (EU Consumers)

As an EU consumer, you have a 14-day right of withdrawal from a credit pack purchase, starting from the date of purchase. However, if you have used any credits from the pack during this period, you expressly agree that the right of withdrawal is waived for the proportion of credits already used. To exercise this right for unused credits, contact us via our contact page within 14 days of purchase.

5.8 Credits on Account Deletion

Unused credits are forfeited upon account deletion and cannot be transferred, sold, or refunded.

Acceptable Use Policy

You agree to use the Service only for lawful purposes. You must not:

• Use the Service to create, improve, or distribute malicious software, phishing campaigns, or cyberattacks.
• Attempt to reverse-engineer or extract our AI models, prompts, or proprietary logic.
• Submit content that infringes on third-party intellectual property, privacy, or other rights.
• Use automated scripts or bots to consume free daily credits across multiple accounts.
• Attempt to bypass authentication, rate limiting, or any security control.
• Share, resell, or sublicense access to the Service or your credits without our written permission.
• Upload content that is illegal under applicable law, including CSAM.

Submitted Content

7.1 Your Ownership

You retain all intellectual property rights in the content you submit. By submitting, you grant us a limited, non-exclusive, royalty-free licence to process it solely for the purpose of generating your analysis report.

7.2 No Training Use

We will never use your submitted content to train, fine-tune, or improve any AI model, whether our own or third parties'.

7.3 Your Responsibility

You are solely responsible for the content you submit. Do not submit content containing personal data of third parties without their consent.

Intellectual Property

All rights in the Service — website, application, brand, design, analysis engine, and all associated technology — are owned by or licensed to PhishOut AI. Nothing in these Terms grants you any right to use our trademarks, logos, or brand features without our prior written consent.

Analysis reports generated for your submitted content are for your personal or internal business use. You may not resell or republish reports as a standalone service or product.

AI Analysis Disclaimers

• The Service may not detect all threats; some legitimate content may be flagged.
• Analysis results are generated by large language models and may occasionally be inaccurate.
• The Service should not be the sole basis for decisions in high-stakes security environments.
• We do not guarantee a specific detection accuracy rate for any particular type of threat.
• Third-party AI providers (Google Gemini) process content as part of delivering the service, subject to their own terms.

Limitation of Liability

10.1 Disclaimer of Warranties

The Service is provided "as is" and "as available", without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

10.2 Limitation

To the maximum extent permitted by applicable law, PhishOut AI shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total aggregate liability shall not exceed the total amount you paid us for credits in the three months preceding the claim, or €30, whichever is greater.

10.3 EU Consumer Rights

Nothing in these Terms limits or excludes liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, or fraud.

Termination

11.1 By You

You may close your account at any time via our contact page or using the account deletion option in your settings. Any remaining credit balance is forfeited upon closure.

11.2 By Us

We may suspend or terminate your access immediately without prior notice if you violate these Terms (particularly the Acceptable Use Policy), we are required to do so by law, or we reasonably believe your account poses a security risk. In the event of termination due to our breach, we will refund any unused credits on a pro-rata basis.

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Provisions that by nature should survive termination (IP, disclaimers, liability, governing law) shall survive.

Governing Law & Dispute Resolution

These Terms are governed by the laws of Portugal and, where applicable, European Union law. Any dispute shall be subject to the exclusive jurisdiction of the courts of Portugal.

EU Online Dispute Resolution: The European Commission provides a platform at ec.europa.eu/consumers/odr as an alternative to court proceedings.

Before initiating formal proceedings, we encourage you to contact us via our contact page to resolve any dispute amicably.

Changes to These Terms

When we make material changes, we will update the "Last updated" date, notify registered users by email at least 14 days before the new Terms take effect, and require re-acceptance for changes that materially affect your rights. Continued use constitutes acceptance.