Terms of Service
These Terms are a binding agreement between you and PHNTM AI LLC (“PHNTM,” “we,” “us,” or “our”) governing PHNTM Exec and related websites, voice sessions, content, and services (the “Service”).
1. Eligibility and authority
You must be at least 18 years old and legally able to enter a contract. If you use the Service for a company or other organization, you represent that you have authority to bind it, and “you” includes both you and that organization. The Service is currently intended for users in the United States.
2. Accounts
You must provide accurate information, keep it current, protect your authentication methods, and promptly notify us of suspected unauthorized access. You are responsible for activity under your account and may not share access in a way that bypasses plan limits or security controls.
3. The Service and beta status
PHNTM provides AI-assisted business coaching, planning, accountability, and related tools. The Service remains an evolving beta. Features, models, limits, integrations, and availability may change; errors and interruptions may occur; and we do not provide a service-level guarantee. We may modify or discontinue all or part of the Service, but will address prepaid subscription periods as required by law.
4. Subscriptions, automatic renewal, and cancellation
Paid plans are monthly subscriptions at the price shown before purchase. By purchasing, you authorize Stripe to charge the payment method you provide at purchase and automatically each month thereafter, plus applicable taxes, until you cancel. Your subscription renews for successive one-month periods unless canceled before the next renewal date.
You may cancel online at any time through Settings → Manage subscription, which opens Stripe’s hosted Customer Portal. Cancellation takes effect at the end of the then-current paid billing period, and access continues through that date unless the Service states otherwise. Deleting the app or abandoning an account does not itself cancel billing. Keep the cancellation confirmation for your records.
Except where required by law, payments are final and non-refundable, and we do not provide credits or prorated refunds for partially used billing periods. This policy does not limit rights that cannot legally be waived. Billing questions may be sent to contact@phntm.app.
We may change plan pricing or material renewal terms after providing notice required by law. Price changes will apply no earlier than a future renewal. Failed or reversed payments may result in restricted access, downgrade, or suspension. You are responsible for applicable taxes unless Stripe or PHNTM is legally required to collect them.
5. License and ownership
Subject to these Terms and payment of applicable fees, PHNTM grants you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal personal or business purposes. PHNTM and its licensors own the Service, software, design, models, prompts, branding, documentation, and related intellectual property. No rights are granted except those expressly stated.
6. Your content
You retain your ownership rights in information, audio, transcripts, files, prompts, feedback, and other material you submit (“User Content”). You grant PHNTM a worldwide, non-exclusive, royalty-free license to host, copy, transmit, transform, analyze, display to you, and otherwise process User Content as needed to provide, secure, support, and improve the Service and comply with law. This license ends when the content is deleted from active systems, except for lawful retention, backups, de-identified information, and content already shared at your direction.
You represent that you have all rights and legally required permissions for User Content, including confidential business information and information about another person. You are responsible for reviewing AI-generated output before using, publishing, or relying on it.
7. Voice recording and other people
Voice sessions are recorded, transcribed, stored, and processed by automated systems and our providers. Your separate acceptance of the Beta, AI & Recording Addendum documents your consent. If another person may be heard or their communication may be captured, you must tell them recording and AI processing are occurring and obtain every consent required by the law that applies to all participants. Do not use PHNTM to secretly record anyone.
8. AI output and no professional advice
AI output is probabilistic and may be inaccurate, incomplete, offensive, outdated, or similar to output provided to others. PHNTM does not guarantee results, revenue, productivity, task completion, or business outcomes. You must independently evaluate output and remain solely responsible for decisions and actions taken using it.
The Service provides general educational and business-coaching information, not legal, tax, accounting, medical, investment, employment, or other regulated professional advice. PHNTM is not your fiduciary or professional adviser. Consult qualified professionals for consequential decisions.
9. Acceptable use
You may not use or help others use the Service to:
- Violate law, privacy, publicity, intellectual-property, recording, export, or contractual rights.
- Harass, threaten, defraud, impersonate, exploit, discriminate against, or harm another person.
- Generate or facilitate malware, credential theft, unauthorized surveillance, spam, or unlawful content.
- Probe, bypass, disrupt, overload, scrape, reverse engineer, or gain unauthorized access to the Service or another account.
- Resell, sublicense, benchmark for competitive publication, or use Service output to build a competing model or service without written permission.
- Submit specially regulated data where PHNTM has not expressly agreed in writing to process it.
- Use output as the sole basis for decisions that determine another person’s legal rights or access to employment, housing, credit, insurance, education, healthcare, or essential services.
10. Feedback
If you provide suggestions, evaluations, or feedback, you grant PHNTM a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you as its source without permission.
11. Third-party services
The Service depends on third parties such as Clerk, Supabase, Retell, Anthropic, OpenAI, Stripe, SendGrid, Railway, and Vercel. Their services may be unavailable, changed, or governed by separate terms. PHNTM is not responsible for third-party products outside our reasonable control.
12. Suspension and termination
You may stop using the Service at any time; subscription cancellation is governed by Section 4. We may restrict or terminate access if you breach these Terms, create legal or security risk, fail to pay, abuse the Service, or if necessary to protect PHNTM or others. Where reasonable, we will provide notice and an opportunity to export data, but urgent safety, legal, fraud, or security circumstances may require immediate action.
13. Disclaimers
To the maximum extent permitted by law, the Service and all output are provided “as is” and “as available.” PHNTM disclaims all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, and any warranty arising from course of dealing or usage of trade.
Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you.
14. Limitation of liability
To the maximum extent permitted by law, PHNTM AI LLC and its members, personnel, affiliates, and providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, opportunities, or business interruption.
Their total aggregate liability arising from or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid PHNTM for the Service during the 12 months before the event giving rise to the claim or (b) one hundred U.S. dollars ($100).
These limits apply regardless of the legal theory and even if a remedy fails its essential purpose, but do not exclude liability that cannot legally be limited.
15. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless PHNTM AI LLC and its members, personnel, and affiliates from third-party claims, losses, and reasonable expenses arising from your User Content, your unlawful or unauthorized use, your violation of these Terms, or your failure to obtain required recording or privacy consent. This obligation does not apply to the extent a claim results from PHNTM’s own unlawful conduct.
16. California law and courts
California law governs these Terms without regard to conflict-of-law principles. Any dispute that cannot be resolved informally may be brought in a state or federal court of competent jurisdiction in California, and each party consents to personal jurisdiction there. Nothing in this section prevents either party from seeking eligible relief in small claims court or urgent injunctive relief. Mandatory consumer protections in your home jurisdiction remain unaffected.
17. Changes
We may update these Terms. We will post the revised version and provide notice appropriate to the change. Material changes will apply prospectively, and we may require renewed acceptance. Changes to subscription pricing or renewal terms are governed by Section 4 and applicable law.
18. General terms and contact
These Terms, the Privacy Policy, the Beta, AI & Recording Addendum, and any purchase terms shown at checkout are the entire agreement regarding the Service. If a provision is unenforceable, it will be limited to the minimum extent necessary and the remainder stays effective. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; PHNTM may assign them in connection with a reorganization, financing, or sale. Notices may be delivered electronically. Contact PHNTM AI LLC at contact@phntm.app.