Terms of Service

Last Updated: July 10, 2026

ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY (WHEREVER APPLICABLE) (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND PHNTM AI INC. AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "PHNTM AI," "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH PHNTM AI RELATED TO THE PLATFORM.

PHNTM AI reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

PHNTM AI is only providing the Platform for your business use without any promise of exclusivity. PHNTM AI's customers, users, entrepreneurs, affiliate marketers, experts, and partners are not PHNTM AI's employees, contractors, or representatives. PHNTM AI is not responsible for any interactions between you and your customers, other than providing access to the Platform. PHNTM AI is in no way liable for any disputes, claims, losses, injuries, or damages arising from your relationship with your customers, including their reliance upon any information or content you provide. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. Use of Platform

1.1 Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if You are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

1.2 Platform Account Ownership

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms. If multiple parties claim to be the "owner" of a particular Platform account, PHNTM AI will deem the owner to be the person who can demonstrate their ownership (in whole or in part) of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership. If PHNTM AI is unable to determine the rightful owner of the Platform Account, PHNTM AI reserves the right to suspend or terminate the Platform Account until the disputing parties have mutually agreed on ownership or until a court has ordered PHNTM AI to grant access to a specific individual.

1.3 Intended Use

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms; (vi) You own or control all rights in and to all content you provide to PHNTM AI, including, but not limited to, any code provided to customize the Platform for your customers; (vii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider; and (viii) You will not give access to the Platform or Services to a direct Competitor of PHNTM AI, (ix) You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms; (x) You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us); and (xi) You will not remove any proprietary notices or labels.

1.4 Compliance

You will be solely responsible for your use of the Platform and Services, including (a) the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform, (b) securing and maintaining proper insurance as required, and (c) compliance with all applicable laws and regulations including but not limited to HIPAA and other data privacy laws. PHNTM AI is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other similar laws and regulation.

1.5 Privacy

By using the Platform and providing Information on or through the Platform, you consent to PHNTM AI's use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that PHNTM AI has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by PHNTM AI. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers' data to us for use and disclosure in accordance with these Terms and our Privacy Policy.

You may not use, resell, authorize or permit anyone to use, or license or make available data you obtain from People Data Labs, for any purposes prohibited in the People Data Labs Acceptable Data Use Policy posted here https://privacy.peopledatalabs.com/policies?name=acceptable-data-use-policy. You further agree to comply with applicable law when collecting personal data that will be sent to People Data Labs.

1.6 Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify PHNTM AI immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. PHNTM AI reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in PHNTM AI's opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. You give consent to PHNTM AI to access and monitor your Platform Account and your customer's accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

1.7 Use of Communication Services

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act ("TCPA"), the Do Not Call Registry Rules and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. PHNTM AI is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. PHNTM AI is a technology platform communication service application provider ONLY. PHNTM AI does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are initiated by you and/or your customers and sent on your behalf and at your direction, whether composed by You directly or generated automatically by the Platform's AI features configured for your account. You are the sender of record for all such communications. Communication Surcharges are subject to the Leadconnector Terms of Service.

1.8 Third Party Services

You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to PHNTM AI to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform. You also represent and warrant that You have the appropriate consents for importing any data (including data of your customers) that you request PHNTM AI to import from other Third-Party Services and/or are the rightful owner of such data. PHNTM AI is not responsible for, and PHNTM AI hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether PHNTM AI endorses, approves, promotes, or supports any such Third-Party Services. You hereby irrevocably waive any claim against PHNTM AI with respect to the content or operation of any Third-Party Services. Your use of the Third-Party Services is governed by Your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk. PHNTM AI disclaims all liability related to outages or downtime of Third Party Services.

PHNTM AI does not guarantee the interoperation, integration, or support of any Third-Party Services nor give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality, or authenticity of content, information, or services provided by those Third-Party Services. PHNTM AI may, at any time, in its sole discretion, modify the Platform or Services, which may impact interoperation, integration, or support of Third-Party Services. If you elect to pause or delete some or all of your Platform Account, certain features, functionality, or Services, including Third Party Services (such as LeadConnector phone numbers or email services), may not be recoverable or retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and PHNTM AI is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), PHNTM AI reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability to you.

1.9 Third Party Content

The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of PHNTM AI. PHNTM AI is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.

1.10 Excessive Use Restrictions; Trials

PHNTM AI provides access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in PHNTM AI's sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if PHNTM AI's operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.

Trial periods are not intended to be used consecutively. If we discover that you are doing back-to-back trials to avoid paying a subscription fee, then, without prejudice to any other remedies available under law, PHNTM AI reserves the right to suspend or terminate your use of the Platform or Services and further ban you from using the Platform or Services in PHNTM AI's sole discretion.

1.11 Platform Updates

PHNTM AI reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on PHNTM AI's future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

1.12 International Use

If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. PHNTM AI makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. You agree to comply with all economic sanctions and export control laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") and the U.S. Department of the Treasury's Office of Foreign Assets Control (collectively,"Export Control Laws"). By using the Platform, you agree not to use, export, import, sell, release, or transfer the Platform, the Services, or any software or technology that supports the Platform or your content, or the Platform Content violating any such Export Control Laws. Specifically, and without limitation, the Platform, the Services, or any software or technology that supports the Platform, or your content, or Platform Content may not be exported, transferred, or released, or provide access (a) into any U.S. embargoed countries (including, without limitation Cuba, Iran, North Korea, Syria and the Crimea, Donetsk, and Luhansk regions, Russia and Belarus (a"Prohibited Jurisdiction"); or (b) to anyone included in the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable restricted party lists.

You represent, warrant and covenant that (i) You are not named on, or owned or controlled by any party named on, any U.S. government's (or other government's or international body's) list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, located in, or an entity (or a director/employee/agent/representative of such entity) registered in, any Prohibited Jurisdiction, or an entity that is or has been greater than 50% owned or controlled by any person or persons described in Clause (i) or (ii) and are not Military End Users and will not put PHNTM AI or the Platform to a Military End Use, as defined in 15 C.F.R. 744.21, (iii) You will not permit your users to access or use the Platform and/or Service or provide any services to any person(s) in violation of any Export Control Laws, (iv) no user data created or submitted by You is subject to any restriction on disclosure, transfer, download, export or re-export under the Export Control Laws, and (v) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You and Your Users are located. You further agree that You will not use the Platform and/or Services to disclose, transfer, download, export or re-export, directly or indirectly, any of your user data or your content to any country, entity or other party which is ineligible to receive such items under the Export Control Laws or under other laws or regulations to which You may be subject. You acknowledge that the Platform and/or Service and other software may not be available in all jurisdictions and that You are solely responsible for complying with the Export Control Laws. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited. We reserve the right to terminate access to any Platform Account that we determine to be a prohibited end-user or engaging in prohibited end-use, without any liability to such user.

1.13 Artificial Intelligence Acceptable Use policy

Before using Artificial Intelligence ("AI") features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use policy which is attached hereto as Exhibit B.

1.14 Domain Names

If you use the Platform to purchase a domain name, PHNTM AI will purchase it on your behalf, and PHNTM AI will be the listed registrant. You must use the domain name in compliance with these Terms. If requested by You in writing, PHNTM AI will transfer the domain name to you. A transfer fee may apply. You agree to indemnify and hold PHNTM AI harmless from any claim or demand, including reasonable attorneys' fees, arising from your use of such domain, including any breach of these Terms and any violations of applicable laws as it pertains to use of the domain name.

1.15 Customer Account Transfer Requests

PHNTM AI will not fulfill Sub-Account transfer requests made by your customers unless you have approved the transfer through our in-app transfer request process. PHNTM AI will only fulfill transfers of Sub-Accounts without Your approval if: (i) the Sub-Account has attempted to seek your approval through the in-app transfer request process, (ii) you have failed to respond to the Customer for at least 30 days, and (iv) either (a) your Platform Account has been canceled by you or force-canceled for non-payment and not reactivated within 30 days, or (b) your Platform Account has been suspended or terminated due to your breach of these Terms.

1.16 Bug Bounty Program

PHNTM AI does not have a bug bounty program and does not pay bug bounties. PHNTM AI prohibits any third party access to the Platform or any PHNTM AI systems or networks, including any network penetration testing, security assessment or probing, except as expressly permitted by these Terms or as agreed to by PHNTM AI in a separate written agreement.

1.17 Certification Program

PHNTM AI offers a certification subscription to individual users and enterprise-level customers who successfully complete the certification exams to indicate Platform expertise. Certification badges are unique to the individual who earned the badge and do not apply to the entire agency or anyone else in Your organization. You agree not to misrepresent certification badges on Your store, social media or the Platform. Certification badges do not constitute PHNTM AI's endorsement, support, promotion, or affiliation with any particular individual. PHNTM AI is not liable for any business you do or do not generate as a result of being certified. By participating in the Certification Program, you grant permission to PHNTM AI to display your contact information on our PHNTM AI Certified Directory. Any transactions you enter with third parties as a result of your certification are solely at your own risk, and PHNTM AI makes no guarantees or warranties that such transactions will be successful. While participating in the Certification Program, You are prohibited from stating or implying that you are an employee or contractor of PHNTM AI, or that you have an affiliation or business relationship with PHNTM AI other than your certification credentials. You may not use the Certification Directory to solicit or recruit certified parties for your own business or engage in any other activity that is inconsistent with the spirit of the Certification Program. PHNTM AI reserves the right to terminate your participation in the Certification Program at any time, for any reason, in its sole discretion.

1.18 Ecommerce Products and Services

You are solely responsible for the Materials that you may sell through the Platform and/or Services (including description, price, fees, tax that you calculate, defects, required legal disclosures, regulatory compliance, offers or promotional content), including compliance with any applicable laws or regulations. You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfillment timelines on Your store using the Platform. PHNTM AI does not provide refunds to your customers. PHNTM AI does not pre-screen Materials, and it is in our sole discretion to refuse or remove any Materials from any part of the Platform, including if PHNTM AI determines in its sole discretion that the Materials that you offer through the Platform, or the Materials uploaded or posted to the Platform, violate our Code of Conduct or these Terms. You agree that PHNTM AI can, at any time, review and delete any or all of the Materials submitted to the Platform and/or Services, although PHNTM AI is not obligated to do so. You acknowledge and agree that the Platform and/or Services are not a marketplace, and any contract of sale made through the Platform and/or Services is directly between You and the customer. You are the seller of record for all items you sell through the Platform and/or Services. You are responsible for the creation and operation of Your store, Your Materials, the goods and services that you may sell through the Platform and/or Services, and all aspects of the transactions between You and Your customer(s). This includes, but is not limited to, authorizing the charge to the customer in respect of the customer's purchase, refunds, returns, fulfilling any sales or customer service, fraudulent transactions, required legal disclosures, regulatory compliance, alleged or actual violation of applicable laws (including but not limited to consumer protection laws in any jurisdiction where you offer products or services for sale), or Your breach of these Terms. You represent and warrant that Your store, Your Materials and the goods and services you sell through the Platform and/or Services will be true, accurate, and complete, and will not violate any applicable laws, regulations or rights of third parties. For the avoidance of doubt, PHNTM AI will not be the seller or merchant or record and will have no responsibility for Your store or items sold to customers through the Platform and/or Services. PHNTM AI reserves the right to provide our Services and/or Platform to Your competitors and make no promise of exclusivity. You further acknowledge and agree that PHNTM AI employees and contractors may also be PHNTM AI customers or merchants and that they may compete with You. PHNTM AI is not responsible for damages or lawsuits that arise if you break the law, breach this agreement or go against the rights of a third party. You need to ensure that the terms & conditions applicable to your transactions with your customers do not conflict with these Terms.

1.19 SMS/Mobile Messaging Program

By opting in to receive SMS/text messages from PHNTM AI, you agree to receive recurring promotional and personalized marketing text messages (e.g., cart reminders, account updates, and special offers) at the phone number provided when opting in. Consent is not a condition of any purchase.

Message Frequency: Message frequency will vary.

Pricing: Message and data rates may apply.

Opt-out: You can cancel the SMS service at any time. Just text "STOP" to the short code or number from which you received the message. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us.

Help: If you are experiencing issues with the messaging program, you can reply with the keyword "HELP" for more assistance, or you can get help directly at [email protected].

Carrier Liability: Carriers are not liable for delayed or undelivered messages.

Privacy: For information on how we collect, use, and protect your mobile information, please see our Privacy Policy. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.

1.20 Artificial Intelligence Features and AI-Generated Output

The Platform uses artificial intelligence, including large language models provided by third-party AI providers, to generate, personalize, and send communications and responses ("AI Output"). You acknowledge that artificial intelligence and machine learning are rapidly evolving fields, and that AI Output may contain material inaccuracies, may be incomplete, may not reflect your current business policies, or may otherwise be incorrect. PHNTM AI makes no representations or warranties, and provides no indemnities, with respect to any AI Output. You are solely responsible for reviewing the configuration, knowledge-base content, business policies, and other information you provide to the Platform, which the AI features rely upon to generate AI Output, and for evaluating the accuracy and appropriateness of AI Output for your use case before and during deployment.

You are solely responsible for determining the suitability of the AI features for your business, for how you deploy and configure them, and for ensuring that your use of the AI features and AI Output complies with all applicable laws and regulations, including laws governing automated decision-making, profiling, chatbot and artificial-intelligence disclosure, and telemarketing. Where required by applicable law, You must ensure that your customers and message recipients are informed that they are interacting with an AI system, and You must not represent AI Output as human-generated where doing so would violate applicable law.

You are solely responsible for obtaining, maintaining, and recording all consents legally required from message recipients before communications are sent through the Platform on your behalf, including prior express written consent for marketing messages where required by the TCPA or other applicable law, and for maintaining records evidencing such consent. You may not use the AI features for any use case that would be classified as a prohibited or high-risk use of artificial intelligence under applicable law, including the EU Artificial Intelligence Act.

PHNTM AI will not use your Merchant Data, your customers' personal information, or data obtained from your connected e-commerce store to train or fine-tune artificial intelligence or machine learning models without your prior written consent. Third-party AI providers used by the Platform are contractually restricted from using such data to train their models; such data is processed by them solely to provide the Services.

2. Payment

2.1 Fees and Auto-Renewal

You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your and your customers' Fees. Fees may include, but are not limited to: subscription fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees offered by PHNTM AI as incurred by you and your customers. Fee rates and amounts may change from time to time. Fees for subscription services will be billed in advance of Services on a monthly or annual basis, depending on your subscription plan. Usage-based fees, including but not limited to Communications Surcharges, are calculated based on usage and will be billed monthly as separate line items on your invoice. We will automatically charge the card on file when your Fees become due.

2.2 Wallets and Rebilling

Your Platform Account contains a "wallet" where you can pre-load funds to purchase Services through the Platform or to support rebilling of your customers' Fees. If you are on the $297 or $497 plan, You are automatically enrolled in our rebilling feature and will need to update your settings in your Platform Account if You want to turn off the rebilling feature or change the automatic re-load amount. If you use the wallet feature, You provide your consent for PHNTM AI to deduct amounts from the wallet to cover any Fees due at such time. In the event you have a negative wallet balance, we will automatically charge the credit card we have on file to cover the negative balance and add funds to avoid any overdrafts. You provide your consent for PHNTM AI to charge your credit card to avoid any overdrafts.

2.3 Late Payments and Payment Disputes

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be force-canceled for non-payment in PHNTM AI's sole discretion. Additionally, we may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. In the event that you dispute any charges on your invoice, You must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All PHNTM AI determinations regarding your obligation to pay invoiced Fees and charges are final.

2.4 Cancellations

You may cancel your subscription through your Platform Account, by submitting a support ticket or canceling on your billing page. You are solely responsible for the cancellation of Services associated with your account, and, subject to other provisions of these Terms, you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

2.5 Mark-ups

You may not mark-up or increase any PHNTM AI Fees that you pass through to Your customers or third parties unless you are enrolled in our $497 tier plan. You are solely responsible for all customer pass-through Fees and related expenses, including but not limited to refunds and chargebacks of such pass-through Fees. PHNTM AI is not responsible for resolving issues or disputes between You and Your customers regarding pass-through Fees. You are solely responsible for all financial transactions you and your customers engage in on the Platform or while using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback. You are solely responsible for collecting and remitting to government authorities any taxes and government assessments related to Your resale or markup of the Services.

2.6 Refunds

2.6.1 Nonrefundable Fees

All Fees assessed by PHNTM AI are non-refundable, including subscription Fees, Communication Surcharges, and PHNTM AI's resale of Third Party Services, regardless of whether you actually accessed or used the Platform Account or Services during your subscription period. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. PHNTM AI does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. Except as may be required by law, PHNTM AI reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and PHNTM AI's determination of if and when to issue or deny a refund or credit is final.

2.6.2 Pre-paid and Minimum Commitment Subscriptions

PHNTM AI resells some Services and Third Party Services that require pre-payment (including but not limited to ad-buying and other services). Unused or cancelled pre-paid services are non-refundable. PHNTM AI may, in its sole discretion, issue account credits for future services in the event that You elect to cancel any pre-paid services before the services are fully performed. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved. Some add-on services or products cannot be canceled or refunded once PHNTM AI has technically enabled such products and/or services on your Platform Account, including but not limited to the HIPAA package.

2.6.3 Wallet Credit Refunds

When Your Services are canceled, terminated or expired, it is Your sole obligation to request PHNTM AI to refund any amounts remaining in your account's "wallet". Any amounts remaining in the "wallet" for over thirty (30) days after expiration, termination or cancellation of your Platform Account, will automatically become the property of PHNTM AI.

2.7 Taxes and Government Assessments

All Fees are exclusive of any sales, VAT, GST and use taxes, levies, fees, duties, interest, penalties and other governmental assessments ("Taxes") unless mentioned otherwise in these Terms. Business entities with a valid VAT or GST identification number should provide PHNTM AI with their VAT or GST identification number. You hearby confirm that PHNTM AI can rely on the VAT or GST number provided. Where applicable by law, PHNTM AI will shift the liability to pay VAT/GST on the Fees to you due to the application of a VAT/GST reverse charge mechanism. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. PHNTM AI may collect Taxes from you as part of the Fees as legally required or as PHNTM AI deems appropriate, and all PHNTM AI determinations regarding what Taxes to collect are final. Failure to provide PHNTM AI with a valid VAT or GST identification number may result in VAT or GST being assessed by PHNTM AI. If you provide a valid VAT or GST identification number after a Fee has been paid, the VAT and GST taxes charged will not be refunded. PHNTM AI may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify PHNTM AI for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described above. Taxes are nonrefundable. You hereby confirm that PHNTM AI can rely on the name and address that You provide to PHNTM AI when You agree to the Fees or in connection with Your payment method as being the place of supply for Tax purposes or as being the place of supply for VAT purposes where You have established Your business. Without limiting the generality of this Section 2.7, if any amount payable by You to PHNTM AI is subject to any withholding or similar taxes, You shall pay for all withholding taxes without any reduction in the Fees and Taxes charged above.

3. Affiliate Program

PHNTM AI offers an Affiliate Program under which commissions can be earned for referring new customer to PHNTM AI. Your participation in the Affiliate Program is subject to PHNTM AI's approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your PHNTM AI account in order to earn and receive commission payouts. Commissions may be forfeited if PHNTM AI is unable to submit payment to your payment account for any reason. Employees of PHNTM AI are not eligible to participate in the Affiliate Program or earn commissions for at least six (6) months after termination of their employment with PHNTM AI.

4. Intellectual Property

4.1 Platform Content

The Platform and Platform Content are the property of PHNTM AI or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. PHNTM AI grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of PHNTM AI is strictly prohibited.

4.2 PHNTM AI Marks and Advertisements

PHNTM AI's name, logo, or Marks (including but not limited to PHNTM AI, SaasPrenuer, GoPHNTM AI, LeadConnector) are trademarks and service marks of PHNTM AI and may not be used without advance written permission of PHNTM AI, including but not limited to as part of any company name or domain name or in connection with any product or service that is not provided by PHNTM AI, or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents PHNTM AI. Unless you are authorized to white label and resell access to the Platform, You may not remove any PHNTM AI Marks, name or logo or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature PHNTM AI Marks, with or without authorization, and such usage of PHNTM AI Marks does not constitute or imply any approval, sponsorship, or endorsement by PHNTM AI. You will not (i) make any unauthorized representations, warranties or false, misleading or deceptive statements regarding PHNTM AI, its Platform and Services (ii) include PHNTM AI or any of its Services or the Platform in any of your comparative and/or marketing advertisements.

4.3 User Contributions

User Contributions are considered non-confidential and non-proprietary. You grant PHNTM AI, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling PHNTM AI's obligations under these Terms. PHNTM AI is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. PHNTM AI is not responsible for any failure or delay in removing User Contributions that violate the Terms. PHNTM AI reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.

4.4 Prohibited User Contributions

You are prohibited from posting User Contributions on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another's privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform Account.

4.5 Feedback

If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and PHNTM AI and its affiliates have no obligation to use the Feedback. You grant PHNTM AI and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to PHNTM AI without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of PHNTM AI or its designees throughout the universe in perpetuity in any and all media now or hereafter known.

4.6 Feedback Waiver

You hereby irrevocably release and forever discharge PHNTM AI from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against PHNTM AI with respect to the Feedback, including without limitation how PHNTM AI directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at PHNTM AI's option and at your sole expense) to defend, indemnify, and hold PHNTM AI harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which PHNTM AI may incur as a result of use of the Feedback in accordance with these Terms.

5. Disclaimers

PHNTM AI makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services. Except as otherwise set forth in these Terms, PHNTM AI is not providing any business opportunities with use of the Platform and/or Service.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT PHNTM AI HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

PHNTM AI DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR-FREE OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, PHNTM AI DOES NOT REPRESENT OR WARRANT THAT (A) THE PLATFORM, OR ANY PART THEREOF, WILL BE AVAILABLE ON A TIMELY BASIS, UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, (B) ANY INFORMATION OR TRAINING OBTAINED FROM PHNTM AI WILL BE ERROR-FREE OR OMISSION FREE, (C) THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) CERTAIN FEATURES WILL BE ADDED TO THE PLATFORM, OR (E) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

PHNTM AI IS NOT LIABLE FOR THE ACTIONS OR CONTENT OF THIRD PARTY SERVICES INTEGRATIONS.

AI OUTPUT (AS DEFINED IN SECTION 1.20) IS GENERATED BY ARTIFICIAL INTELLIGENCE AND IS PROVIDED "AS IS" AND "AS AVAILABLE." PHNTM AI DOES NOT WARRANT THAT AI OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, AND MAKES NO REPRESENTATIONS OR WARRANTIES AND PROVIDES NO INDEMNITIES WITH RESPECT TO AI OUTPUT. AI OUTPUT DOES NOT CONSTITUTE PROFESSIONAL ADVICE OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR YOUR AND YOUR CUSTOMERS' USE OF AND RELIANCE ON AI OUTPUT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PHNTM AI OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PHNTM AI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PHNTM AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) ANY CHANGES WHICH PHNTM AI MAY MAKE TO THE PLATFORM, OR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PLATFORM (OR ANY FEATURES WITHIN THE PLATFORM); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM; (IV) YOUR FAILURE TO PROVIDE PHNTM AI WITH ACCURATE ACCOUNT INFORMATION; OR (V) YOUR FAILURE TO KEEP YOUR LOGIN CREDENTIALS OR PLATFORM ACCOUNT INFORMATION SECURE AND CONFIDENTIAL. THE LIMITATIONS ON PHNTM AI'S LIABILITY TO YOU SHALL APPLY WHETHER OR NOT PHNTM AI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

IN NO EVENT WILL PHNTM AI'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE LESSER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO PHNTM AI IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED DOLLARS ($100 USD). THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

7. Indemnity

You agree to defend, indemnify, and hold harmless PHNTM AI and its business affiliates and their respective officers, directors, employees, contractors, agents, successors and assigns (the "PHNTM AI Parties") from and against any and all Claims arising from or related to (i) your access to or use of the Platform or Services (including use by your employees, contractors, or customers); (ii) your breach of any part of these Terms, or breach of any representation, warranty or covenant you have made to PHNTM AI, including but not limited to those in these Terms or any other agreement you have with PHNTM AI; (iii) your violation of any law or the rights of a third party, including but not limited to TCPA, CAN-SPAM, or other applicable laws, or the infringement, misappropriation or violation by you of any intellectual property or other rights of any person or entity; (iv) any dispute between you and your customer or between you and any third party in connection with the Platform; (v) your Materials, User Contributions, Feedback, or AI Output generated at your direction or based on your configuration, knowledge-base content, or instructions; (vi) use of the Platform by anyone using your Login Credentials; or (vii) taxes associated with your business or your customer transactions. You shall cooperate fully in the defense or settlement of any Claim. PHNTM AI reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

8. Suspension and Termination

8.1 Suspension and Termination by PHNTM AI

PHNTM AI may terminate or suspend your access to all or part of the Platform, or your Platform Account, at any time, with or without cause, with or without notice, effective immediately, including, but not limited to, if PHNTM AI, in its sole discretion, determines that: (i) you have breached these Terms; (ii) you are engaging in fraudulent or illegal activities; (iii) your continued access to the Platform or your Platform Account creates risk for PHNTM AI, other users, or third parties; or (iv) if PHNTM AI elects to discontinue the Platform. If your Platform Account is terminated by PHNTM AI, you remain liable for all amounts due through the date of termination, including amounts that come due after termination related to any early termination fees, commitment requirements, or chargebacks.

8.2 Termination by You

You may terminate your Platform Account at any time by following the cancellation procedures set forth in these Terms or on the Platform. If you terminate your Platform Account, you remain liable for all amounts due through the date of cancellation. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including without limitation, indemnity, disclaimers, limitations on liability, and dispute resolution provisions.

9. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

9.1 Informal Dispute Resolution

To expedite resolution and reduce the cost of any dispute, controversy or claim related to these Terms ("Dispute"), you and PHNTM AI agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is the email address associated with your Platform Account. PHNTM AI's address for such notices is [email protected].

9.2 Binding Arbitration

If you and PHNTM AI are unable to resolve a Dispute through informal negotiations, either you or PHNTM AI may elect to have the Dispute finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. THE ARBITRATION WILL BE CONDUCTED UNDER THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") IN EFFECT AT THE TIME THE ARBITRATION IS INITIATED. THE ARBITRATOR'S AWARD WILL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. To the fullest extent permitted by applicable law, (i) no arbitration shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

9.3 Exceptions to Arbitration

The parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (i) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (ii) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (iii) any claim for injunctive relief.

9.4 Waiver of Jury Trial

THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court.

9.5 Waiver of Class or Consolidated Actions

ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE PARTIES AGREE THAT, UNLESS THEY AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void.

10. Miscellaneous

10.1 Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between PHNTM AI and you regarding the Platform, and these Terms supersede and replace any and all prior oral or written understandings or agreements between PHNTM AI and you regarding the Platform.

10.2 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without PHNTM AI's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. PHNTM AI may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

10.3 Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by PHNTM AI (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

10.4 Waiver

The failure of PHNTM AI to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of PHNTM AI. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

10.5 Severability

If any provision of these Terms is held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, then that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

10.6 Governing Law and Venue

These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Except as otherwise provided in the Dispute Resolution section above, the exclusive jurisdiction and venue for actions related to these Terms will be the state or federal courts located in Delaware, and both parties consent to the jurisdiction of such courts with respect to any such actions.

10.7 Force Majeure

PHNTM AI will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

10.8 Relationship of the Parties

You and PHNTM AI are independent contractors, and these Terms will not be construed to create a partnership, joint venture, agency, or employment relationship. Neither party has any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party.

10.9 Third Party Beneficiaries

These Terms are for the benefit of, and will be enforceable by, the parties only. These Terms are not intended to confer any right or benefit on any third party.

10.10 Modification

PHNTM AI may modify these Terms from time to time. Any and all changes to these Terms will be posted on the Platform and revisions will be indicated by date. You agree to be bound to any changes to these Terms when you use the Platform after any such modification becomes effective. PHNTM AI may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is therefore important that you regularly review these Terms and keep your contact information current in your Platform Account to ensure you are informed of changes. You agree that you will periodically check the Platform for updates to these Terms and you will read the messages we send you to inform you of any changes. Modifications to these Terms shall be effective after posting.

11. Definitions

1. "Affiliate Agreement" has the meaning set forth on PHNTM AI's website.
2. "Claims" means all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney's fees).
3. "Communication Surcharges" means the various fees associated with use of communication services on the Platform, including but not limited to, SMS, MMS, email, and voice call capabilities.
4. "Competitor" means any individual or entity competing with PHNTM AI or developing similar products or services as PHNTM AI.
5. "Fees" means all fees charged by PHNTM AI for the Services, including but not limited to, subscription fees, Communication Surcharges, and any other fees charged by PHNTM AI.
6. "Feedback" means any feedback, information, ideas, know-how, comments, evaluations, technology or other information that you provide to PHNTM AI, whether through the Platform, by email or otherwise.
7. "Information" means information, content or data, including personal data, which you and/or your customers provide or make accessible to PHNTM AI, including but not limited to information that you upload or store on the Platform.
8. "Login Credentials" means the username, password and any other information used to log in to your Platform Account.
9. "Materials" means anything you sell or offer for sale through the Platform, including digital products, software, files, photos, videos, graphics, music, sounds, images, or other material that can be viewed or accessed on the Platform.
10. "PHNTM AI Marks" means the PHNTM AI name, logo, and all other names, logos, page headers, button icons, scripts, and service names used on the Platform that are trademarks or service marks of PHNTM AI.
11. "Platform Content" means any content created or made available by PHNTM AI on the Platform, including but not limited to Training, graphics, text, images, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.
12. "Prohibited Uses" means the behaviors described in Exhibit A.
13. "Services" means the variety of product integrations and services that PHNTM AI makes available on the Platform. Services may include Third Party Services.
14. "Sub-Account" means a subscription for one business under a Platform Account.
15. "Third Party Content" means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.
16. "Third Party Services" means third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services offered by a third party through the PHNTM AI Platform. This includes but is not limited to applications downloaded from the PHNTM AI Marketplace, integrations with third party applications, or any functionality that is provided by a third party through the Platform.
17. "Training" means any training, information or suggested usages conveyed by PHNTM AI about the Platform.
18. "User Contributions" means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to PHNTM AI directly.
19. "You" or "you" or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. "You" also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

EXHIBIT A

CODE OF CONDUCT

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which PHNTM AI may immediately suspend or terminate your Platform Account in accordance with these Terms:

• Use of the Platform in any way that violates any applicable law or regulation.
• Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence.
• Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.
• Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.
• Use of the Platform to transmit, or procure the sending of any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• Impersonating or attempting to impersonate PHNTM AI, a PHNTM AI employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform
• Engaging in any conduct that may, as determined by PHNTM AI, harm Platform users or PHNTM AI, or expose either to liability.
• Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.
• Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
• Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without PHNTM AI's prior written consent.
• Use of any device, software or routine that interferes with the proper working of the Platform.
• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.
• Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper working of the Platform.
• Child sexual exploitation or abuse content.
• Sexually explicit content.
• Generation of hateful, harassing, or violent content.
• Abusive or fraudulent conduct.

This includes but is not limited to:

• Promoting or facilitating the generation or distribution of spam, fraudulent activities, scams, phishing, or malware;
• Compromising cybersecurity systems or gaining unauthorized access to violate the integrity of any user, network, computer or communications system, software application, or network or computing device;
• Violate any natural person's rights, including privacy rights as defined in applicable privacy law;
• Appropriating confidential or personal information;
• Impersonating a human by presenting results as human-generated;
• Engaging in disinformation campaigns;
• Astroturfing, or the generation of fake grassroots support or fake review information;
• Plagiarize or engage in other forms of academic dishonesty.

Illegal or highly regulated goods or services content, or other activity that has a high risk of economic or physical harm. This includes but is not limited to:

• Engaging in any illegal activity;
• Providing instructions on how to commit or facilitate any type of crime;
• Gambling;
• Payday lending;
• Cryptomining practices;
• Automatic determinations of eligibility for credit, employment, educational institutions, or public assistance services;
• Engaging in unauthorized practice of law or seeking unreviewed legal advice;
• Engaging in unauthorized practice of medicine or seeking unreviewed medical advice;
• Providing unauthorized financial advice;
• Law enforcement application or criminal justice decisions;
• Military or warfare application, weapons development;
• Management or operation of critical infrastructure in energy, transportation, and water;
• Political campaigning or lobbying in violation of campaign laws

EXHIBIT B

ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY

• AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.
• AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs, disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors.
• AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an AI-based voice or chatbot.
• All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques.
• You must take necessary steps to protect confidential and sensitive information of your users and customers
• AI usage may not damage, disable, overburden, or impair any websites or launches any automated system, including "robots," "spiders," or "offline readers," that sends more request messages to any servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
• AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society.
• AI features may not be used in any manner which is prohibited by the Agreement or the Code of Conduct provided herein.