Terms of Service

By accessing or using Phos ("the Service"), operated by Phos ("we", "us", "our"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

Phos is an AI-powered marketing automation platform that helps small businesses create, schedule, and publish content to their social media accounts. The Service includes:

• AI-assisted content creation and suggestions
• Social media post scheduling and publishing
• Engagement analytics and performance reporting
• Social account connection and management

You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Ensuring you have the authority to connect and manage the social media accounts you link to Phos
• The content you create, approve, and publish through the Service

You must own or have authorised access to any social media accounts you connect to Phos. You must not connect accounts belonging to third parties without their explicit permission.

You agree not to use the Service to:

• Publish spam, misleading, or deceptive content
• Violate any applicable law or regulation
• Infringe on the intellectual property rights of others
• Publish content that is hateful, harassing, or discriminatory
• Violate the terms of service of any connected social media platform
• Attempt to gain unauthorised access to our systems or other users' accounts

You are responsible for ensuring all content published through Phos complies with the terms of service of the target social media platforms (including Meta, Twitter/X, and TikTok).

When you use Phos to manage your social media accounts, you remain the data controller for your business data and content. Phos acts as a data processor, handling your data solely to provide the Service as described in these terms.

Our collection, use, and protection of personal information is described in our Privacy Policy.

Phos is offered on a subscription basis. By subscribing, you agree to pay the fees associated with your chosen plan.

• Subscriptions are billed monthly or annually via Stripe
• You may cancel your subscription at any time from your account settings
• Cancellation takes effect at the end of your current billing period—you retain access until then
• Refunds are not provided for partial billing periods unless required by New Zealand consumer law
• We reserve the right to change pricing with 30 days' notice

We strive to keep Phos available at all times, but we do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We are not liable for any losses resulting from service interruptions, including failed or delayed social media posts.

Your content: You retain all rights to the content you create and publish through Phos. By using the Service, you grant us a limited licence to store, display, and transmit your content solely for the purpose of providing the Service.

Our platform: The Phos platform, including its design, code, and AI models, is our intellectual property. You may not copy, modify, or reverse-engineer any part of the Service.

To the maximum extent permitted by New Zealand law:

• The Service is provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, or consequential damages arising from your use of the Service
• Our total liability to you for any claims related to the Service shall not exceed the amount you paid us in the 12 months preceding the claim
• We are not responsible for the actions of third-party platforms (Meta, Twitter/X, TikTok) including changes to their APIs, policies, or terms

Nothing in these terms limits your rights under the New Zealand Consumer Guarantees Act 1993 or the Fair Trading Act 1986.

By you: You may cancel your subscription and delete your account at any time. Upon deletion, all your data will be permanently removed within 30 days.

By us: We may suspend or terminate your account if you violate these terms, with notice where reasonably possible. In urgent cases (such as abuse or security threats), we may act immediately.

These terms are governed by the laws of New Zealand. Any disputes arising from these terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of New Zealand.

We may update these Terms of Service from time to time. If we make material changes, we will notify you by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated terms.

If you have questions about these Terms of Service, contact us at:

Email: support@phos.nz

Website: phos.nz