Terms of Service

1. Agreement to Terms

By accessing or using Phasma ("the App"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, then you may not access or use the App.

These Terms apply to all users of the App. Your access to and use of the App is conditioned on your acceptance of these Terms.

2. Description of Service

Phasma is a location-based mobile app where you discover, capture, and collect virtual spirits in real-world locations using AI, AR, and GPS.

Features include spirit encounters, camera-based spirit capture, voice conversations with spirits, spirit vault management, hotspot discovery, and premium subscription features.

3. User Accounts

3.1 Account Creation

To use certain features, you must sign in with Apple or Google. You agree to provide accurate information and keep it up to date.

3.2 Account Security

You are responsible for your account credentials and all activity under your account. Notify us immediately of any unauthorized use.

3.3 Account Termination

We may suspend or terminate your account at any time, for any reason, including if you breach these Terms.

4. Acceptable Use

You agree not to:

• Use the App for any illegal purpose or in violation of any local, state, national, or international law
• Violate or encourage others to violate third-party rights, including intellectual property rights
• Interfere with or disrupt the App, its servers, or connected networks
• Attempt unauthorized access to any part of the App or other accounts, systems, or networks
• Use bots, scrapers, or other automated tools to access the App without our written permission
• Impersonate any person or entity
• Collect or store other users' personal data without their permission
• Use the App while operating a vehicle or in any situation where such use could create a safety hazard
• Use the App to trespass on private property or enter restricted areas
• Reverse engineer, decompile, or disassemble the App or attempt to derive the source code

5. Location Services and Safety

SAFETY WARNING: The App requires location services and may lead you to explore real-world locations. You acknowledge and agree that:

• You are solely responsible for your safety while using the App
• You will not use the App while driving, operating machinery, or when you need your full attention
• You will not trespass on private property while using the App
• You will stay aware of your surroundings when exploring
• You will follow all applicable laws while using the App
• We are not responsible for any injuries, accidents, or incidents that occur while using the App

By using the App, you assume all risks associated with exploring real-world locations.

6. Subscriptions and Payments

6.1 Premium Subscription

Phasma Premium gives you access to additional features, including unlimited spirit encounters and voice conversations. Pricing and features may change.

6.2 Payment Terms

• Subscriptions are billed on a monthly basis
• Payment is charged to your Apple ID or Google Play account at purchase
• Subscriptions auto-renew unless you turn off auto-renew at least 24 hours before the current period ends
• Renewal is charged within 24 hours before the current period ends
• Manage your subscription and auto-renewal in your device's account settings

6.3 Free Trial

Free trials convert to paid subscriptions when they end. Cancel before the trial ends to avoid being charged.

6.4 Refunds

All sales are final. Refund requests go through the Apple App Store or Google Play Store per their policies.

7. Intellectual Property

7.1 Our Content

The App, its content, features, and functionality are owned by us and protected by copyright, trademark, and other intellectual property laws.

7.2 User Content

You own the content you create, capture, or upload (including photos and spirit vaults). By using the App, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display your content solely to provide and improve the App.

7.3 AI-Generated Content

Spirits, backstories, and other AI-generated content created by the App are generated using third-party AI services. You may use this content within the App, but you may not claim ownership or commercial rights to AI-generated content.

8. Third-Party Services

The App uses third-party services, including:

• Google Gemini API for AI-powered features
• Google Maps for Points of Interest data
• RevenueCat for subscription management
• Apple and Google for authentication

Your use of these services is subject to their own terms and privacy policies. We are not responsible for their practices.

9. Disclaimers

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that:

• The App will be uninterrupted, secure, or error-free
• Any defects or errors will be corrected
• The App is free of viruses or other harmful components
• The results obtained from using the App will be accurate or reliable

The App is for entertainment only. All paranormal content is fictional. We do not claim any spirits, entities, or paranormal phenomena are real.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your use or inability to use the App
• Any conduct or content of third parties on the App
• Any unauthorized access to or use of our servers and/or any personal information stored therein
• Any interruption or cessation of transmission to or from the App
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through the App
• Any injuries, accidents, or incidents that occur while using the App

Our total liability to you for all claims arising from or related to the use of the App shall not exceed the amount you paid to us in the twelve (12) months prior to the claim, or $50, whichever is greater.

11. Indemnification

You agree to indemnify and hold harmless us and our officers, directors, employees, and agents from any claims, damages, losses, and expenses (including reasonable attorney's fees) arising from your use of the App, your violation of these Terms, or your violation of any third-party right.

12. Termination

We may terminate or suspend your account and access to the App at any time, for any reason, including if you breach these Terms.

On termination, your right to use the App ends immediately. Sections on ownership, disclaimers, indemnity, and liability limits survive termination.

13. Governing Law

These Terms are governed by the laws of the jurisdiction where we operate, without regard to conflict of law provisions. Disputes are subject to the exclusive jurisdiction of the courts in that jurisdiction.

14. Changes to Terms

We may modify these Terms at any time. For material changes, we will give at least 30 days' notice before new terms take effect. Continued use of the App after changes means you accept the revised terms.

15. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions stay in effect. These Terms are the entire agreement between us regarding the App and replace any prior agreements.

16. Contact Information

Questions about these Terms? Contact us:

Email: legal@phasma.app