Last updated 13 October 2026. These terms are an agreement between you and Marcus Kaye ("we", "us"). By creating an account or buying tokens you accept them.
Firstswell is a web app for creating fictional AI personas and making AI-generated photos, short videos and social media ideas featuring them. Results are made by third-party AI models and can be imperfect or unexpected.
You must be 18 or over. Keep your password private; you are responsible for what happens on your account. Tell us straight away if you think someone else has used it.
Jobs are paid for with tokens, bought in one-off packs through Stripe. Current token prices are listed on our pricing page. Tokens have no cash value, cannot be transferred and do not expire while your account is open. Refunds are covered by our refund policy.
We may remove content and suspend or close accounts that break these rules. Where we close an account for a serious breach, unused tokens may not be refunded.
You keep whatever rights you have in what you upload and what you make. You give us permission to store, process and show it as needed to run the service, and to show anything you post to the Community wall to other users. You are responsible for how you use your results, including following the rules of any platform you post them to and labelling AI-generated content where those rules require it.
Posts on the Community wall can be seen by other users. Anyone can report a post; reported posts are reviewed and may be hidden or removed.
We work to keep Firstswell running but cannot promise it will always be available or error-free. We may change or stop features. If we close the service we will refund unused tokens.
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or anything else that cannot be limited by law. Otherwise our total liability to you is limited to the amount you paid us in the 12 months before the claim. We are not liable for losses that were not foreseeable, or for business losses.
We may update these terms. If a change matters, we will tell you on the site before it applies.
These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you live elsewhere in the UK you can also use your local courts.
the contact address on our contact page