Terms and Conditions
Phew's Terms and Conditions
Introduction
These Terms and Conditions govern the use of the Phew.ai mobile application and its associated website (collectively, the "App") provided by Phew Inc., a Delaware corporation ("we," "us," or "our"). The App is designed as a reader platform that allows users to subscribe to curated content pertaining to their field of study. It aids subject matter experts in enhancing their online reputation through AI-assisted generation of posts. Please read these Terms and Conditions carefully before using our App. Your use of the App indicates that you have read and accepted these Terms and Conditions.
Eligibility
To use the App, you must be at least 18 years of age. By using the App, you represent and warrant that you meet all eligibility requirements that we outline in these Terms and Conditions. We may still refuse to let certain people access or use the App, however, and we reserve the right to change our eligibility criteria at any time.
Registration and Account Security
To use Phew.ai, you may be required to sign up for an account, select a password and username, and provide us with additional information such as your email address. When creating your account, you must provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account and password.
Subscription, Auto-Renewal, and Free Trial
Phew.ai operates on a subscription basis. You can choose between different subscription plans, which may vary in terms of duration and cost. Your subscription will automatically renew at the end of each subscription term, and your chosen payment method will be charged unless you cancel the subscription through the App prior to the end of the term. We may offer a free trial period during which you can try out Phew.ai for a specified period without payment. To avoid being charged, you must cancel before the end of the free trial period.
User Content and Conduct
Users of Phew.ai have the ability to curate AI-assisted posts. The content is generated through a combination of user inputs and third-party large language models (LLMs). You are responsible for ensuring the accuracy, appropriateness, and legality of the content you post or that is generated on your behalf. We are not liable for the outputs or deficiencies in their outputs.
Use of the App and Its Content
Phew.ai provides you with access to a variety of resources, including tools, data, software, and other materials (collectively, "Content"). All Content is provided on an "as is" and "as available" basis and you agree that you use such Content at your own risk. You are responsible for all acts and omissions that occur while you use the App.
Intellectual Property Rights
We own the App and all proprietary rights in the App, including, but not limited to, patents, copyrights, trademarks, trade secrets, and other intellectual property rights associated with our App. By using the App, you do not acquire any ownership rights in the App or the content you access. We grant you a limited license to access and use the App for your personal use. This license is revocable at any time without notice and with or without cause.
Privacy and Data Security
The security of your personal information is of utmost importance to us. Please review our Privacy Policy, which outlines our practices regarding the collection, use, and disclosure of your personal information. We strive to protect your information and maintain the security of the App, but we do not guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.
Limitation on Liability
To the maximum extent permitted by law, Phew Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from your use of the App or its content.
App Marketplace Terms
The App is distributed via app marketplaces such as Apple's App Store and Google Play. Each marketplace may have its own terms and conditions to which you must agree before downloading the App. You agree to comply with all such terms and conditions, and you acknowledge and agree that the marketplace, and the marketplace's subsidiaries, are third-party beneficiaries of these Terms and Conditions, and that, upon your acceptance of the terms and conditions of this agreement, the marketplace will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
Promotions and Referral Programs
Any promotions, contests, or referral programs offered by Phew.ai will be governed by separate terms and conditions. If the terms for a promotion or referral program conflict with these Terms and Conditions, the promotion or referral program terms will apply.
Disclaimer of Warranties
The App is provided "as is" and on an "as available" basis. We disclaim all warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties about the reliability, quality, accuracy, or availability of the App or its content. We cannot guarantee that the App will be error-free, or continuously available.
Indemnification
You agree to indemnify, defend, and hold harmless Phew Inc., its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the App from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions by you.
Termination and Suspension of the Service
We reserve the right to suspend or terminate your account or cease providing you with all or part of the App at any time for any or no reason. Upon termination, we may delete or destroy all data related to your account, including your content, and we suggest you save copies of any content that you want to keep on your own device. We maintain a policy of data retention for a period of 30 days post account termination, after which all data may be irrevocably deleted.
Feedback and Complaints
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the App. You can submit feedback and complaints by contacting us at support@phew.ai. We will endeavor to respond to and address all issues raised within a reasonable period of time.
User Disputes and Complaints
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users. If you have a dispute with one or more users, you release us from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
DMCA Notice
Phew Inc. respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act ("DMCA"), we will respond promptly to notices of alleged infringement that are reported to our Designated Copyright Agent, identified below. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the App by sending us a notice ("Notice") complying with the following requirements.
- Identify the copyrighted works that you claim have been infringed.
- Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the App where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to our Designated Copyright Agent: [Copyright Agent's Contact Information]
Choice of Law and Venue
These Terms and Conditions are governed by the laws of the State of Delaware, without regard to conflict of law principles. You agree that any dispute or claim arising out of, or relating to, these Terms and Conditions shall be resolved only in the state or federal courts located in Delaware.
Dispute Resolution
If you have a dispute with us relating to the App, you agree to contact us first at support@phew.ai to attempt to resolve the dispute informally. If we are not able to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy through binding arbitration or small claims court instead of in courts of general jurisdiction.
Third-Party Integrations
Our service allows for the incorporation of content sourced from third-party technologies. While we have mentioned LLMs specifically, this clause is applicable to any third-party technology or service that our App might use. We do not control these third-party technologies, and their use is governed by those parties' own terms and policies. We are not liable for the accuracy, compliance, copyright compliance, legality, decency, or any other aspect of the content of such third-party technologies.
Third-Party Links
The App may contain links to third-party websites or resources for your convenience. We are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods, or services available on or through any such site or resource. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Third-Party Content
Our service allows for the incorporation of content sourced from third-party LLMs. We do not control these third-party technologies and their use is governed by those parties' own terms and policies. We are not liable for the accuracy, compliance, copyright compliance, legality, decency, or any other aspect of the content of such third-party LLMs.
User Responsibilities
You are responsible for all activities under your account, including the actions of people to whom you have granted access. You agree not to share your account credentials with others and to follow all applicable laws, rules, and regulations while using the App. You are responsible for maintaining the security of your account and its content.
Updates and Changes to the App
We may from time to time provide updates or upgrades to the App, but are under no obligation to do so. Such updates or upgrades may include bug fixes, new features or enhancements, or improvements in security, integrity, or performance. You agree that we may automatically download and install such updates or upgrades without providing any further notice or receiving any additional consent. To use the App and to access the services, you must use a device that meets the system and compatibility requirements for the relevant versions of the App, which may change from time to time.
Severability
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid or unenforceable, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
Entire Agreement
These Terms and Conditions, together with any other legal notices or guidelines posted on the App, constitute the entire agreement between you and Phew Inc. regarding your use of the App. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Amendments
We reserve the right to modify or replace these Terms and Conditions at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice before any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Updates to Terms and Conditions
We reserve the right to update these Terms and Conditions at any time. When we do, we will post the revised Terms and Conditions on this page with a new "Last Updated" date at the top. If the changes are significant, we will notify you through the App, by email, or other communication. Your continued use of the App after such update signifies your agreement to the revised Terms and Conditions. Please revisit this page regularly to ensure that you are aware of any changes to these Terms and Conditions.
Contact Us
If you have any questions about these Terms and Conditions, please contact us at support@phew.ai.