Terms of Service
PHASE SPACE AI Terms and Conditions
1. AGREEMENT TO TERMS Last updated: May 10, 2025
These Terms and Conditions, together with the Service Agreement, constitute a legally
binding agreement made between the Client identified in the Service Agreement
("Client") and PSAI ("PSAI"), concerning Client’s access
to and use of the phasepaceai.net (the "Site"). Client agrees that by accessing the Site,
Client has read, understood, and agreed to be bound by all of these Terms and
Conditions. PSAI reserves the right, in its sole discretion, to make
changes or modifications to these Terms and Conditions at any time and for any reason.
PSAI will post the updated Terms and Conditions on the Site. Client
will be subject to, and deemed to be aware of and to have accepted, any revised Terms
and Conditions if Client continues to use the Site after the date such revised Terms and
Conditions are posted.
2. CLIENT ACCESS AND CLIENT DATA PSAI hereby grants
Client a non-exclusive, non-transferable right to access the Site and use the
Services during the term, solely for use by Client’s authorized users in accordance
with these Terms and Conditions. Such use is limited to Client's internal business
use. PSAI shall provide to Client the necessary passwords and
network links or connections to allow Client to access the Site. For security
purposes, the total number of authorized users will not exceed 2 users
except as expressly agreed to in writing by the Parties. PHASE SPACE AI
acknowledges that, as between PSAI and Client, Client
owns all right, title, and interest, including all intellectual property rights, in and
to Client’s data uploaded to the Site. Client hereby grants PHASE SPACE AI
a non-exclusive, royalty-free, worldwide license to reproduce, distribute,
and use and display the Client data solely to the extent necessary for PHASE SPACE AI
to provide the Services to Client. Notwithstanding the foregoing, all
knowledge that PSAI’s artificial intelligence model creates or
adapts from learning about Client’s business and the Services provided to Client
shall be the property of PSAI.
3. PHASE SPACE AI’S INTELLECTUAL PROPERTY RIGHTS Client
acknowledges that, as between Client and PSAI, PHASE SPACE AI
owns all right, title, and interest, including all intellectual property
rights, in and to PSAI’s intellectual property, which includes all
source code, databases, functionality, software, website designs, audio, video,
text, photographs and graphics on the Site (collectively, the "Content") and the
trademarks, service marks and logos on the Site (the "Marks"), all of which are
protected by copyright and trademark laws and various other intellectual property
rights and unfair competition laws of the United States, international copyright
laws and international conventions. Client shall not use the Services or Site for
any purposes beyond the scope of the access granted in these Terms and
Conditions. Client shall not at any time, directly or indirectly, and shall not permit
its authorized users to: (i) copy, modify, or create derivative works of the Services
or Site, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign,
distribute, publish, transfer, or otherwise make available the Services or Site; (iii)
reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to
derive or gain access to any software component of the Services, in whole or in
part; or (iv) remove any proprietary notices from the Services or Site.
4. CLIENT REPRESENTATIONS By using the Site, Client represents and warrants
that:
(1) all registration information Client submits will be true, accurate, current and
complete;
(2) Client will maintain the accuracy of such information and promptly update such
registration information as necessary;
(3) Client will comply with these Terms and Conditions;
(4) Client will not access the Site through automated or non-human means, whether
through a bot, script or otherwise;
(5) Client will not use the Site for any illegal or unauthorized purpose; and
(6) Client’s use of the Site will not violate any applicable law or regulation.
(7) Client has obtained from its prospective customers the consent required by the TCPA
or other applicable law to allow PSAI to contact those prospective
customers on Client’s behalf.
If Client provides any information that is untrue, inaccurate, not current or incomplete,
PSAI has the right to suspend or terminate Client’s account and
prohibit Client from any and all current or future use of the Site.
5. CLIENT REGISTRATION Client must register with the Site in order to use it.
Client is responsible to maintain the security of its password for access to the Site
and will be responsible for all use of Client’s account and password. PHASE SPACE AI
reserves the right to remove, reclaim or change a username Client
selects if PSAI determines, in its sole discretion, that such
username is inappropriate, obscene or otherwise objectionable.
6. CONFIDENTIALITY From time to time during the Term, either Client or
PSAI (as the "Disclosing Party") may disclose or make
available to the other (as the "Receiving Party") information about its business
affairs and services, confidential information and materials comprising or relating
to intellectual property, trade secrets, third-party confidential information, and
other sensitive or proprietary information, as well as the terms of this Agreement,
whether orally or in written, electronic or other form or media, and, whether or
not marked, designated or otherwise identified as "confidential" (collectively,
"Confidential Information"). Confidential Information does not include
information that at the time of disclosure: (a) is or becomes generally available to
and known by the public other than as a result of, directly or indirectly, any
breach of this Section 6 by the Receiving Party or any of its representatives; (b) is
or becomes available to the Receiving Party on a non-confidential basis from a
third-party source, provided that such third party is not and was not prohibited
from disclosing such Confidential Information; (c) was known by or in the
possession of the Receiving Party or its representatives prior to being disclosed by
or on behalf of the Disclosing Party; (d) was or is independently developed by the
Receiving Party without reference to or use of, in whole or in part, any of the
Disclosing Party's Confidential Information; or (e) is required to be disclosed
pursuant to applicable law. The Receiving Party shall, for three years from receipt
of such Confidential Information: (x) protect and safeguard the confidentiality of
the Disclosing Party's Confidential Information with at least the same degree of
care as the Receiving Party would protect its own Confidential Information, but in
no event with less than a commercially reasonable degree of care; (y) not use the
Disclosing Party's Confidential Information, or permit it to be accessed or used,
for any purpose other than to exercise its rights or perform its obligations under
this Agreement; and (z) not disclose any such Confidential Information to any
person, except to the Receiving Party's representatives who need to know the
Confidential Information to assist the Receiving Party, or act on its behalf, to
exercise its rights or perform its obligations under this Agreement. The Receiving
Party shall be responsible for any breach of this Section 6 caused by any of its
representatives. If the Parties have signed a separate nondisclosure agreement,
that document shall supersede this Section 6 with respect to the treatment of
Confidential Information.
7. CANCELLATION In the event Services are terminated by either Party, Client
shall pay for all appointments scheduled through the Services through the
effective date of termination.
8. PROHIBITED ACTIVITIES Client may not access or use the Site for any
purpose other than that for which PSAI makes the Site
available. As a user of the Site, Client agrees not to:
• Use any information obtained from the Site in order to harass, abuse or harm another
person.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other
material that interferes with use and enjoyment of the Site or modifies, impairs, disrupts,
alters or interferes with the use, features, functions, operation or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots or similar data gathering and extraction tools.
• Attempt to impersonate another user or person or use the username of another user.
• Interfere with, disrupt or create an undue burden on the Site or the networks or services
connected to the Site.
• Harass, annoy, intimidate or threaten any of our employees or agents engaged in
providing any portion of the Site to Client.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the
Site or any portion of the Site.
• Copy or adapt the Site's software, including Flash, PHP, HTML, JavaScript or other
code.
• Except as permitted by applicable law, decipher, decompile, disassemble or reverse
engineer any of the software comprising or in any way making up a part of the Site.
• Except as may be the result of standard search engine or Internet browser usage, use,
launch, develop or distribute any automated system, including any spider, robot, cheat
utility, scraper or offline reader that accesses the Site, or using or launching any
unauthorized script or other software.
• Use the Site as part of any effort to compete with PSAI.
9. WARRANTIES AND WARRANTY DISCLAIMER PSAI
warrants that the Services (i) will be provided in compliance with all applicable
laws; and (ii) do not contain any virus or other malicious code. EXCEPT FOR
THE FOREGOING WARRANTIES, THE SERVICES ARE PROVIDED "AS
IS" AND PHASE SPACE AI HEREBY DISCLAIMS ALL
WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE. PHASE SPACE AI SPECIFICALLY DISCLAIMS
ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ALL
WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR
TRADE PRACTICE.
10. SUBMISSIONS Client acknowledges and agrees that any questions, comments,
suggestions, ideas, feedback or other information regarding the Site
("Submissions") provided by Client to PSAI are non-
confidential and shall become PSAI’s sole property. PHASE SPACE AI
shall own exclusive rights, including all intellectual property rights,
and shall be entitled to the unrestricted use and dissemination of Submissions for
any lawful purpose, commercial or otherwise, without acknowledgment or
compensation to Client. Client hereby waives all rights to any Submissions, and
Client hereby warrants that any such Submissions are original to Client or that
Client has the right to submit such Submissions. Client hereby waives any
recourse against PSAI for any use of Client’s Submissions.
11. PRIVACY POLICY PSAI cares about data privacy and
security. Please review PSAI’s Privacy Policy: phasespaceai.net/privacypolicy
By using the Site, Client agrees to be bound by PSAI’s
Privacy Policy, which is incorporated into these Terms and Conditions. Please be
advised the Site is hosted in USA. If Client accesses the Site from
any other region of the world with laws or other requirements governing personal
data collection, use or disclosure that differ from applicable laws in USA, then through Client’s continued use of the Site, Client is transferring
Client’s data to USA, and Client agrees to have Client’s data
transferred to and processed in USA.
12. TERMINATION BY PHASE SPACE AI WITHOUT LIMITING THE
TERMINATION RIGHTS OF THE PARTIES UNDER THE AGREEMENT OR
ANY OTHER PROVISION OF THESE TERMS AND CONDITIONS,
PHASE SPACE AI RESERVES THE RIGHT TO, IN ITS SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO
AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP
ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO
REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION,
WARRANTY OR COVENANT CONTAINED IN THESE TERMS AND
CONDITIONS OR OF ANY APPLICABLE LAW OR REGULATION.
PHASE SPACE AI MAY TERMINATE CLIENT’S USE OR
PARTICIPATION IN THE SITE OR DELETE CLIENT’S ACCOUNT AND
ANY CONTENT OR INFORMATION THAT CLIENT POSTED AT ANY
TIME, WITHOUT WARNING, IN PHASE SPACE AI’S SOLE
DISCRETION.
If PSAI terminates or suspends Client’s account for any reason, Client
is prohibited from registering and creating a new account under Client’s name, a fake or
borrowed name, or the name of any third party, even if Client may be acting on behalf of
the third party. In addition to terminating or suspending Client’s account, PHASE SPACE AI
reserves the right to take appropriate legal action, including pursuing civil,
criminal and injunctive redress.
13. MODIFICATIONS AND INTERRUPTIONS PSAI reserves
the right to change, modify or remove the contents of the Site at any time or for
any reason in its sole discretion without notice. PSAI has no
obligation to update any information on the Site. PSAI also
reserves the right to modify or discontinue all or part of the Site without notice at
any time. PSAI will not be liable to Client or any third party for
any modification, price change, suspension or discontinuance of the Site.
PSAI cannot guarantee the Site will be available at all times.
PSAI may experience hardware, software or other problems or
need to perform maintenance related to the Site, resulting in interruptions, delays
or errors. PSAI reserves the right to change, revise, update,
suspend, discontinue or otherwise modify the Site at any time or for any reason
without notice to Client. Client agrees that PSAI has no
liability whatsoever for any loss, damage or inconvenience caused by Client’s
inability to access or use the Site during any downtime or discontinuance of the
Site. Nothing in these Terms and Conditions will be construed to obligate
PSAI to maintain and support the Site or to supply any
corrections, updates or releases in connection therewith.
14. GOVERNING LAW These Terms and Conditions and Client’s use of the Site are
governed by and construed in accordance with the laws of the State of CA
applicable to agreements made and to be entirely performed within the
State of CA, without regard to its conflict of law principles.
The Parties expressly disclaim the application of the United Nations Convention
on the Sale of Goods.
15. DISPUTE RESOLUTION Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related
to these Terms and Conditions (each a "Dispute" and collectively, the "Disputes")
brought by either Client or PSAI, the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at
least thirty ([Informal Negotiation Days]) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration Any Dispute arising out of or relating to the Agreement, or the
breach thereof, shall be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules and judgment on the
award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
The place of arbitration shall be Anaheim, CA. Each Party will,
upon written request of the other Party, promptly provide the other with copies of all
relevant documents. There shall be no other discovery allowed. The arbitrator shall award
to the prevailing Party, if any, as determined by the arbitrator, all of their costs and fees.
"Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the
arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses such as
copying and telephone, court costs, witness fees, and attorney fees.
In no event shall any Dispute brought by either Party related in any way to the Site be
commenced more than one (1) year after the cause of action arose.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions
concerning informal negotiations and binding arbitration: (a) any Disputes seeking to
enforce or protect, or concerning the validity of, any of the intellectual property rights of
a Party; (b) any Dispute related to or arising from, allegations of theft, piracy, invasion of
privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal or unenforceable and such
Dispute shall be decided by a court of competent jurisdiction sitting in Anaheim,
CA and the Parties agree to submit to the personal jurisdiction of that
court.
16. CORRECTIONS There may be information on the Site that contains
typographical errors, inaccuracies or omissions, including descriptions, pricing,
availability and various other information. PSAI reserves the
right to correct any errors, inaccuracies or omissions and to change or update the
information on the Site at any time without prior notice.
17. LIMITATIONS OF LIABILITY IN NO EVENT WILL PHASE SPACE AI
OR ITS DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO
CLIENT OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA
OR OTHER DAMAGES ARISING FROM CLIENT’S USE OF THE SITE,
EVEN IF PHASE SPACE AI HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, PHASE SPACE AI
’S LIABILITY TO CLIENT FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE
LIMITED TO THE AMOUNT PAID, IF ANY, BY CLIENT TO PHASE SPACE AI
DURING THE SIX ([Liability Lookback Months]) MONTH
PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US
STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
CLIENT, SOME OR ALL OF THE ABOVE DISCLAIMERS OR
LIMITATIONS MAY NOT APPLY TO CLIENT, AND CLIENT MAY HAVE
ADDITIONAL RIGHTS.
18. INDEMNIFICATION PSAI shall indemnify, defend and hold
harmless Client from and against any and all losses, damages, liabilities, costs
(including reasonable attorney fees) incurred by Client resulting from any third-
party claim, suit, action or proceeding that PSAI’s intellectual
property, or any use of the Services in accordance with these Terms and
Conditions, infringes or misappropriates such third party's intellectual property
rights, provided that Client promptly notifies PSAI in writing
of the claim, cooperates with PSAI at PSAI's
expense, and allows PSAI’s sole authority to control the
defense and settlement of such claim.
Client shall indemnify, defend and hold harmless PSAI from and
against any and all losses, damages, liabilities, costs (including reasonable attorney fees)
incurred by Client resulting from any third-party claim, suit, action or proceeding that is
due to or arising out of: (1) Client’s use of the Site; (2) Client’s breach of these Terms
and Conditions, including breach of Client’s representations and warranties set forth in
these Terms and Conditions; or (3) Client’s violation of the rights of a third party,
including their rights to the privacy of their personal information. Notwithstanding the
foregoing, PSAI reserves the right, at Client’s expense, to assume the
exclusive defense and control of any matter for which Client is required to indemnify
PSAI, and Client agrees to cooperate, at Client’s expense, with
PSAI’s defense of such claims. PSAI will use
reasonable efforts to notify Client of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of it.
19. DATA SECURITY/RESTRICTIONS ON USE PSAI will
employ reasonable administrative, technical, and physical safeguards to ensure
the confidentiality, integrity and availability of Client data, and to prevent
unauthorized or inappropriate access, use, or disclosure of Client data. PHASE SPACE AI
represents and warrants that it is GDPR, SOC 2 and CCPA
compliant. PSAI will use Client data
solely for the purpose of delivering the Services to Client. Unless instructed by
Client, PSAI will not share, sell, transfer or otherwise make
Client data available to any third party except as required by law.
20. DATA BACKUPS
PSAI will maintain certain data that Client transmits to the Site for the
purpose of managing the performance of the Site, as well as data relating to Client’s use
of the Site. Although PSAI performs regular routine backups of data,
Client is solely responsible for all data that Client transmits or that relates to any activity
Client has undertaken using the Site. Client agrees that PSAI shall
have no liability to Client for any loss or corruption of any Client data, and Client hereby
waives any right of action against PSAI arising from any such loss or
corruption of such data. Client may download Client’s data from the Site at any time.
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending PSAI emails, and completing online forms
constitute electronic communications. Client consents to receive electronic
communications, and Client agrees that all agreements, notices, disclosures and other
communications PSAI provides to Client electronically, via email and
on the Site, satisfy any legal requirement that such communication be in writing.
CLIENT HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES,
CONTRACTS, ORDERS AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS
INITIATED OR COMPLETED BY PHASE SPACE AI OR VIA THE SITE.
Client hereby waives any rights or requirements under any statutes, regulations, rules,
ordinances or other laws in any jurisdiction that require an original signature or delivery
or retention of non-electronic records, or to payments or the granting of credits by any
means other than electronic means.
22. FORCE MAJEURE Neither Party shall be held responsible for any delay or
failure in performing the Agreement to the extent the delay or failure is caused by
circumstances beyond its control (a "Force Majeure"), including fire, flood,
explosion, war, strike, embargo, government order, act of God, disruption of
internet communications or other similar causes. If any Force Majeure occurs, the
Party delayed or unable to perform shall give prompt notice to the other Party and
shall be excused from performance for the duration of the Force Majeure.
PSAI and Client shall take all reasonable steps and cooperate to
avoid or remove the cause of Force Majeure, and shall promptly resume
performance when possible.
23. MISCELLANEOUS The Agreement, together with these Terms and Conditions
and any policies or operating rules posted by PSAI on the Site
or in respect to the Site constitutes the entire agreement and understanding
between Client and PSAI. A Party’s failure to exercise or
enforce any right or provision of these Terms and Conditions shall not operate as
a waiver of such right or provision. These Terms and Conditions operate to the
fullest extent permissible by law. If any provision or part of a provision of these
Terms and Conditions is determined to be unlawful, void or unenforceable, that
provision or part of the provision is deemed severable from these Terms and
Conditions and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency
relationship created between Client and PSAI as a result of
these Terms and Conditions or use of the Site. PSAI may
assign any or all of its rights and obligations to others at any time.
24. CONTACT PHASE SPACE AI In order to resolve a complaint regarding the
Site or to receive further information regarding use of the Site, please contact
PSAI at:
PSAI
p: +1 949 416 3987