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THE DETAILS

Terms of Service

Last updated: April 2, 2026 · Effective: April 2, 2026

1. Agreement to Terms

These Terms of Service ("Terms") form a legally binding agreement between you ("you," "your," or "Customer") and phas3 ("phas3," "we," "us," or "our") governing your access to and use of our website at phas3.ai, our web and mobile applications, AI-powered marketing tools, and related services (collectively, the "Service"). By creating an account, clicking "I agree," or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

If you are using the Service on behalf of a business or other entity, you represent and warrant that you have full authority to bind that entity to these Terms, and "you" will refer both to you individually and to the entity you represent.

2. Eligibility

You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Service. If you are using the Service on behalf of a business, you must also have the legal authority to bind that business. You may not use the Service if you are prohibited from doing so under the laws of the United States or any other jurisdiction that applies to you.

3. Description of the Service

phas3 is an AI-powered marketing platform for small businesses. Features of the Service include, without limitation:

  • AI-driven chat that analyzes your marketing data and answers questions about your business.
  • Automated daily and weekly briefings summarizing performance across your connected platforms.
  • Website audits that crawl public pages and combine crawl results with Google PageSpeed Insights data to produce recommendations.
  • Integrations with third-party advertising platforms (Meta Ads, Google Ads, TikTok Ads) and e-commerce platforms (Shopify, Square) that you authorize via OAuth.
  • Tools that take actions on your connected accounts — including pausing campaigns, changing daily budgets, creating deployment drafts, and reallocating spend — either at your express direction via chat or, if you enable "Autopilot," automatically based on thresholds you configure.
  • Proactive insights, recommendations, and activity logs surfaced throughout the product.

The Service is provided "as is" and we may add, modify, or remove features at any time. We will endeavor to provide notice of material changes to paid features.

4. Account Registration and Security

To access most features, you must register an account. You agree to: (a) provide accurate, current, and complete information when registering; (b) keep your account credentials confidential; (c) not share your account with anyone else; (d) immediately notify us at security@phas3.ai of any unauthorized use of your account or any other security breach; and (e) take responsibility for all activity that occurs under your account, whether or not authorized by you.

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised, are being used to violate these Terms, or are otherwise putting the Service at risk.

5. Subscription, Billing, and Payment

5.1 Plans and Fees

Access to the Service requires a paid subscription, offered on a monthly or annual basis. Current pricing is displayed on the pricing page and in the onboarding flow. All fees are stated in U.S. dollars and are exclusive of taxes unless otherwise indicated. You are responsible for any applicable sales, use, value-added, or similar taxes.

5.2 Billing Cycle

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you select). Your subscription will automatically renew at the end of each billing period for the same term unless you cancel before the renewal date. By subscribing, you authorize us and our payment processor (Stripe) to charge your payment method for all applicable fees, renewals, and taxes.

5.3 Trial Periods

We may offer a free trial at our discretion. If you are eligible for a trial, we will not charge your payment method until the trial expires, at which point we will begin charging the applicable subscription fee automatically unless you cancel first. Trial eligibility is limited to first-time users and may be revoked if we detect abuse.

5.4 Cancellation

You may cancel your subscription at any time from the Billing page or by emailing billing@phas3.ai. Cancellation takes effect at the end of your current billing period; you will retain access until then. Cancellation does not entitle you to a refund of any fees already paid — see Section 5.5 (No Refunds).

5.5 No Refunds

All fees are final and non-refundable. By subscribing to the Service, you acknowledge and agree that phas3 does not issue refunds, credits, or exchanges of any kind, including but not limited to:

  • Unused or partially used portions of any monthly or annual subscription period following cancellation, downgrade, or termination (whether initiated by you or by us).
  • Subscription periods during which you did not log in, did not use, or otherwise did not access the Service.
  • Automatic conversion of a free trial into a paid subscription, even if you did not intend to continue or did not cancel before the trial expired.
  • Automatic renewal of a monthly or annual subscription, even if you did not intend to renew or forgot to cancel before the renewal date.
  • Fees paid for features, integrations, or functionality that are later modified, removed, deprecated, or become temporarily or permanently unavailable.
  • Downtime, service interruptions, bugs, errors, inaccurate AI Outputs, or dissatisfaction with the Service or any recommendation it produces.
  • Ad spend, platform fees, transaction fees, or any other charges incurred on your connected third-party accounts (including Meta, Google, TikTok, Shopify, and Square), whether initiated by you, at your direction, or by Autopilot — those charges are between you and the third party and are outside our control.
  • Accounts suspended or terminated for violation of these Terms, including Section 9 (Acceptable Use).

This no-refund policy applies regardless of the reason for your cancellation or termination. If your applicable jurisdiction grants you a non-waivable statutory right to a refund (for example, consumer-protection laws in certain jurisdictions), nothing in this Section limits that right, and any refund we are required by law to issue will be limited to the minimum amount required by that law. If you believe you have been charged in error — for example, duplicate charges or a charge after successful cancellation — contact us within 30 days of the charge at billing@phas3.ai and we will investigate.

5.6 Price Changes

We may change subscription fees at any time. For existing customers, we will provide at least 30 days' notice of price increases via email. If you do not agree to a price change, you may cancel before it takes effect.

5.7 Failed Payments

If a payment fails, we will attempt to charge your payment method again over a period of several days. If all attempts fail, we may suspend or terminate your account. You are responsible for keeping your payment method current.

6. Third-Party Integrations and Authorized Actions

6.1 Connecting Integrations

When you connect a third-party service (such as Meta Ads, Google Ads, TikTok Ads, Shopify, or Square), you authorize phas3 to access your account at that service using the OAuth tokens you grant us. You represent that you have the right to grant this access and that your use of phas3 with that integration complies with the third party's own terms of service and policies.

6.2 Actions on Your Behalf

You explicitly authorize phas3 to take actions on your connected accounts when you (a) direct us to do so through the chat or other interface, or (b) enable the Autopilot feature and configure thresholds under which we may act automatically. These actions may include, without limitation: pausing or resuming ad campaigns, changing daily or lifetime budgets, reallocating spend between campaigns, creating draft campaigns or creatives, and making other changes necessary to execute your instructions.

You are solely responsible for all actions taken by the Service under your authorization. We maintain an audit log of all actions that you can review at any time. You may disable Autopilot or disconnect any integration from the Settings page at any time.

6.3 Third-Party Terms

Your use of each connected third-party service remains governed by that service's own terms of service and privacy policy. You acknowledge that the third party — not phas3 — is responsible for delivering its own service, and that changes in its APIs, policies, or availability may affect your experience with phas3 and are outside our control.

6.4 No Endorsement

We do not endorse or guarantee any third-party service. Mention of Meta, Google, TikTok, Shopify, Square, or any other third-party service in the Service is for identification and interoperability purposes only.

6.5 Disconnection and Data Deletion

You may disconnect any integration at any time from the Settings page. When you disconnect an integration, we immediately and permanently delete all data we received from that integration — including OAuth tokens, campaign and ad snapshots, creative metadata, order and transaction data, webhook records, and any derived metrics or insights tied to that connection. This deletion is irreversible and happens at the moment of disconnection, with no grace period. Residual copies may persist in encrypted database backups for up to 30 days before those backups expire. You acknowledge that historical data cannot be restored after disconnection, and that reconnecting the integration will begin a fresh sync from the upstream platform.

7. AI-Generated Content and Recommendations

The Service uses large language models and other AI systems (including those provided by OpenAI) to generate responses, recommendations, briefings, campaign drafts, and other outputs ("AI Outputs"). AI Outputs are probabilistic and may be inaccurate, incomplete, misleading, or out of date. You understand and agree that:

  • AI Outputs are not a substitute for professional marketing, legal, financial, or business advice.
  • You should independently verify any AI Output before relying on it, especially for decisions involving significant budget, strategic direction, or public communications.
  • We make no warranty as to the accuracy, fitness, or quality of AI Outputs, and we are not liable for your decisions or outcomes based on them.
  • AI Outputs may reference, recommend, or take actions that result in monetary charges to your ad accounts; you remain responsible for all such charges.
  • AI Outputs may appear persuasive or authoritative but should not be treated as factual without verification.

8. Your Content and Data

8.1 Ownership

You retain all right, title, and interest in and to the data, content, and materials you submit to the Service or that we collect on your behalf through connected integrations (collectively, "Customer Data"). Nothing in these Terms transfers ownership of Customer Data to us.

8.2 License to Us

You grant phas3 a worldwide, royalty-free, non-exclusive, sublicensable (to our service providers for the purposes described below) license to host, store, reproduce, transmit, analyze, modify, and display Customer Data solely as necessary to (a) provide and improve the Service, (b) execute actions you authorize, (c) generate AI Outputs, and (d) comply with legal obligations. This license terminates when we delete Customer Data after account closure or at your request, except to the extent we are required to retain copies by law.

8.3 AI Outputs Ownership

As between you and phas3, you own the AI Outputs generated for your account, subject to OpenAI's or other AI providers' applicable terms, and subject to our right to use aggregate, de-identified, or statistical information for Service improvement. We do not claim ownership of AI Outputs, but you acknowledge that similar or identical outputs may be generated for other customers, and you have no exclusive rights to any output that is not specific to your own Customer Data.

8.4 Feedback

If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us a perpetual, irrevocable, royalty-free, transferable license to use, reproduce, modify, and incorporate that feedback into the Service without any obligation to you.

8.5 Anonymized Cross-Customer Data

You agree that phas3 may derive, store, and use anonymized, bucketed patterns from your use of the Service — including bucketed performance indicators, vertical and geographic buckets, recommendation type, and whether an action you took had a positive, neutral, or negative downstream effect — for the purposes of (a) improving the Service for all customers, (b) training and improving phas3's own internal machine-learning systems (including but not limited to recommendation ranking, budget allocation, and anomaly detection), and (c) producing aggregated benchmarks and product analytics.

Before any such data leaves your tenant boundary, it is processed by our anonymization pipeline, which (i) replaces your business identifier with a one-way HMAC pseudonym, (ii) reduces continuous values to discrete buckets, and (iii) is gated by a k-anonymity threshold that prevents emission of any pattern occurring in fewer than five distinct businesses. We do not include in this dataset, and never use for these purposes: your business name, URL, contact information, ad copy or creative imagery, customer or order data, individual transaction details, exact monetary amounts, or any free-text content you submit.

This use is enabled by default for all accounts and is permitted under these Terms. You may opt out at any time from Settings → Privacy. Opting out immediately stops further emission of anonymized data from your account and triggers a server-side deletion of any anonymized records previously emitted for your business (identified by the HMAC pseudonym described above). Opt-out does not affect data that has already been incorporated into aggregate statistics or trained models, which by their nature cannot be reversed.

9. Acceptable Use

You agree not to, and will not permit any third party to:

  • Use the Service in any way that violates applicable law or regulation, including advertising laws (for example, laws regulating misleading advertising, endorsements, or advertising of restricted products).
  • Use the Service to run, promote, or optimize campaigns for illegal products or services, weapons, controlled substances, gambling (where prohibited), fraudulent schemes, adult or sexual services (where prohibited), hate speech, or any content that violates the advertising policies of the connected platform.
  • Attempt to reverse engineer, decompile, disassemble, or otherwise derive the source code or underlying algorithms of the Service, except to the limited extent permitted by applicable law.
  • Use the Service to build a competing product, scrape our interfaces, or otherwise misappropriate our intellectual property.
  • Use automated scripts, bots, or other tools to access the Service in a manner that exceeds the rate limits we set or that places an unreasonable load on our infrastructure.
  • Upload, submit, or cause the Service to generate malware, viruses, worms, or any content designed to harm, disrupt, or compromise systems.
  • Attempt to manipulate, jailbreak, or inject instructions into our AI systems in a way that causes harmful, illegal, or abusive outputs, or that bypasses our safety protections.
  • Impersonate any person or entity, misrepresent your affiliation, or provide false or misleading business information.
  • Use the Service to send unsolicited commercial communications (spam) or to scrape or harvest personal data of third parties.
  • Circumvent any access controls, payment mechanisms, usage limits, or security features of the Service.
  • Share your account credentials with anyone else, or allow multiple users or businesses to share a single paid seat without purchasing an appropriate plan.

We may suspend or terminate your account, without refund, for any violation of this Section 9.

10. Intellectual Property

The Service, including all software, interfaces, designs, text, graphics, logos, and other content (other than Customer Data), is owned by phas3 or its licensors and is protected by copyright, trademark, trade secret, and other intellectual property laws. We grant you a limited, revocable, non-transferable, non-exclusive license to use the Service during the term of your subscription solely as permitted by these Terms. All other rights are reserved.

"phas3" and our logos are trademarks of phas3. You may not use our trademarks without our prior written consent.

11. Confidentiality

In connection with the Service, each party may disclose confidential or proprietary information to the other. Each party agrees to protect the other's confidential information with at least the same care it uses for its own confidential information (and no less than reasonable care), and to use it only as necessary to perform its obligations and exercise its rights under these Terms. This Section does not apply to information that is publicly available without breach, independently developed, or rightfully received from a third party.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Without limiting the foregoing, we do not warrant that: (a) the Service will be uninterrupted, error-free, or secure; (b) the Service will meet your requirements or expectations; (c) AI Outputs will be accurate, reliable, or suitable for your purposes; (d) any errors or defects will be corrected; or (e) third-party integrations will continue to be available or to function as expected. You assume all risk associated with your use of the Service and any actions taken based on AI Outputs.

Nothing in these Terms is intended to exclude or limit any warranty that cannot be excluded or limited under applicable law.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PHAS3, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF THE SERVICE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, STATUTE, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS ($100).

You specifically acknowledge that phas3 is not liable for any charges, losses, or damages resulting from actions taken on your connected third-party accounts (whether by you, by phas3 at your direction, or by Autopilot), including but not limited to ad spend, campaign performance outcomes, billing disputes with third-party platforms, or account suspensions by third parties. Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

14. Indemnification

You agree to indemnify, defend, and hold harmless phas3, its affiliates, and their respective officers, directors, employees, contractors, agents, and licensors from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third-party right, including any intellectual property, publicity, or privacy right; (e) Customer Data, including any claim that Customer Data infringes or misappropriates a third party's rights; or (f) any actions taken on your connected accounts at your authorization or under Autopilot.

15. Term and Termination

15.1 Term

These Terms apply from the date you first accept them (by creating an account or by otherwise accessing the Service) and continue in effect until terminated as provided below.

15.2 Termination by You

You may terminate your subscription at any time by cancelling from the Billing page or by emailing billing@phas3.ai. Termination takes effect at the end of the current billing period.

15.3 Termination by Us

We may suspend or terminate your access to the Service, in whole or in part, at any time, with or without notice, if we reasonably believe that: (a) you have violated these Terms; (b) your use of the Service poses a security, legal, or reputational risk to us or to other users; (c) we are required to do so by law or order of a competent authority; or (d) we discontinue the Service or a material feature of it.

15.4 Effect of Termination

Upon termination, your right to access and use the Service will end immediately. We will delete or anonymize your Customer Data in accordance with our Privacy Policy, subject to any legal retention requirements. Sections that by their nature should survive termination (including Sections 8, 10, 12, 13, 14, 16, 17, and 18) will survive.

16. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Subject to Section 17 (Dispute Resolution), you and phas3 agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware for any action not subject to arbitration.

17. Dispute Resolution; Arbitration; Class Action Waiver

Please read this Section carefully. It affects your legal rights, including your right to file a lawsuit in court.

17.1 Informal Resolution

Before filing any formal dispute, you agree to first contact us at legal@phas3.ai and attempt to resolve the dispute informally for at least 30 days.

17.2 Binding Arbitration

If the dispute is not resolved informally, you and phas3 agree to resolve any dispute arising out of or relating to these Terms or the Service through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in English, in Delaware, or by remote means if agreed by both parties. The arbitrator's decision will be final and may be entered as a judgment in any court of competent jurisdiction.

17.3 Class Action Waiver

YOU AND PHAS3 AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

17.4 Exceptions

Notwithstanding the above, either party may bring an individual action in small-claims court for qualifying claims, and either party may seek equitable or injunctive relief in court to protect intellectual property rights or confidential information.

17.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@phas3.ai within 30 days of first accepting these Terms. The opt-out notice must include your name, email address, and a clear statement that you wish to opt out of arbitration.

18. Changes to the Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email (to the address associated with your account) or by posting a prominent notice in the Service, at least 14 days before the changes take effect. The "Last updated" date at the top of these Terms indicates the most recent revision. Your continued use of the Service after the effective date of any change constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service before the effective date.

19. Force Majeure

Neither party will be liable for any failure or delay in performance (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, labor dispute, fire, flood, power outage, network or telecommunications failure, or failure of a third-party service provider.

20. General Provisions

  • Entire agreement: these Terms (together with the Privacy Policy and any order form or plan-specific terms) constitute the entire agreement between you and phas3 regarding the Service and supersede any prior or contemporaneous agreements on the same subject.
  • Severability: if any provision of these Terms is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
  • No waiver: our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision.
  • Assignment: you may not assign or transfer these Terms or your rights under them, in whole or in part, without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
  • Relationship of the parties: nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between you and phas3.
  • No third-party beneficiaries: these Terms do not and are not intended to confer any rights or remedies upon any person other than you and phas3.
  • Notices: we may provide notices to you by email or by posting within the Service. You may provide notices to us at legal@phas3.ai.
  • Headings: headings are for convenience only and do not affect interpretation.

21. Contact

Questions about these Terms should be directed to:

Legal: legal@phas3.ai
Billing: billing@phas3.ai
Security: security@phas3.ai
General: help@phas3.ai