Phound Terms of Service

Last Updated: March 2025

Please read these Terms of Service (“Terms” or “Agreement”) carefully before accessing or using the Phound website, applications, or any services provided by Phound, Inc. (“Phound” or the “Company”). By clicking “I Agree,” creating an account, or otherwise using the Company’s services, you acknowledge that you have read, understood, and agree to be bound by this Agreement (including all policies referenced herein). If you do not agree to these Terms, you must not use Phound’s services.

IMPORTANT NOTICE: If you reside in the United States, Section 18 of this Agreement contains a binding Arbitration Clause and Class Action Waiver that affects your rights to resolve disputes. Please read it carefully. Also, note that Phound offers both free and paid services; be aware which features are free and which incur charges. You are responsible for ensuring that your use of the Services is legal in your jurisdiction.

1. Definitions

For the purposes of this Agreement, the following terms have the meanings set forth below (terms defined in singular also apply to plural and vice versa):

“Affiliate” – Any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where “control” means ownership of more than 50% of the voting interests of the entity.
“Initial Subscription Term” – The initial subscription period for a Service, as specified in your order or registration (an “Order”).
“Service Effective Date” – The date on which the Initial Subscription Term begins, as specified in an Order.
“Renewal Term” – Any subsequent subscription term for a Service that follows the Initial Subscription Term (or prior Renewal Term), as specified in an Order.
“End User” – Any individual who accesses or uses the Services, whether directly or through your account.

2. Services Provided

Phound provides a variety of communication and related services (“Services”). By using the Services, you understand and agree that Company may modify the features, availability, or pricing of the Services at any time in its sole discretion. The Services include, but are not limited to:

Communication Features: Phound’s Services may include domestic and international audio, web, and video conferencing; live chat and voicemail; call recording and transcription; virtual phone numbers; calling and SMS texting plans; voice broadcasting; and other voice or messaging functionalities. The Company may also offer various applications or features as part of the Services.
Account Registration: To access certain Services, you must create an account by completing the Company’s registration process. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. The information you provide (your “Registration Data”) may include, for example, your name, email address, phone number, and a password. The Company reserves the right to reject registration or refuse service to any user at its sole discretion. Age Requirement: You must be 18 years of age or older to register for an account (see Section 8 below for additional eligibility terms). By registering, you represent and warrant that you meet this age requirement. Once your registration is approved and you accept these Terms, your account will be created and you become a subscriber to the Services.
Service Updates and Maintenance: From time to time, the Company may need to perform maintenance, upgrades, or updates to the Services, Software, or Company websites, or the underlying infrastructure. This may temporarily suspend or limit your ability to use some or all features of the Services. When possible, and if not an emergency, the Company will post a notice of scheduled maintenance on its website in advance. You agree that the Company shall not be liable to you for any such temporary suspension or limitation of Service.
Beta Services: The Company may offer certain features or services in “Beta” or pre-release versions for testing and evaluation. Access to Beta Services may be subject to additional terms. You understand that Beta Services are provided “as is” and may contain bugs or errors; the Company makes no promises that Beta features will be made generally available and reserves the right to modify or discontinue Beta Services at any time without notice.
No Emergency Services: The Services (including any Phound software or applications) are not a replacement for traditional telephone services and do not support or carry emergency calls to hospitals, law enforcement, medical care units, or other emergency response services (i.e., 911 or similar emergency numbers). Important: (i) Phound is not required by any applicable law or regulation to offer access to emergency services through the Services; (ii) You are responsible for having an alternate means to contact emergency services (such as a mobile or landline telephone); and (iii) You must not rely on Phound’s Services for emergency calls or communications.

3. Use of Services and Your Responsibilities

You may use the Services only in compliance with this Agreement and all applicable laws and regulations. You are solely responsible for any use of the Services under your account, including the actions of any End User that you allow to access the Services. By using Phound’s Services, you agree to the following:

Compliance with Laws: You and your End Users will abide by all laws and regulations applicable to your use of the Services. Geographic Restrictions: It is your responsibility to ensure that using the Services is legal in the country or region where you or your End Users are located. If local law prohibits you from using the Services (for example, due to encryption or communication restrictions), you must not use the Services in that jurisdiction.
Prohibited Uses: You will not use (or permit anyone else to use) the Services for any unlawful, harmful, or abusive purpose. For example, you agree not to: (i) intercept or monitor any communications that are not intended for you; (ii) introduce viruses, worms, Trojan horses, or other malicious code into the Services; (iii) send spam, unsolicited, or bulk electronic communications, or engage in phishing, pharming, or impersonation of others; (iv) transmit content that is unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable (including content that is offensive or harmful to minors or that violates any third-party rights); (v) infringe or misappropriate the intellectual property rights or privacy rights of the Company or any third party; (vi) attempt to hack, destabilize, or disrupt the integrity or performance of the Services (including by launching denial-of-service attacks); or (vii) use the Services in any manner that violates the acceptable use policies or other instructions communicated by the Company.
Limitations on Use: You may not reproduce, resell, rent, lease, distribute, or commercially exploit the Services or any reports or data generated through the Services, unless expressly authorized by the Company in a separate written agreement. You may not reverse-engineer, decompile, or disassemble any software or systems used to provide the Services, except to the limited extent allowed by applicable law notwithstanding this limitation.
Your Equipment and Software: You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or use the Services (such as hardware, internet access, and compatible software). You are also responsible for ensuring that your systems meet the minimum requirements for running the Services. The performance of the Services can be affected by these factors, and it is solely your responsibility to ensure you meet all requirements.

4. Responsibility for End Users

If you allow others to use the Services through your account or on your behalf (for example, employees, contractors, or other End Users), you are responsible for their compliance with these Terms. You agree to ensure that all End Users who access the Services via your account have read and agree to be bound by this Agreement and any applicable policies. The Company assumes no liability for the actions of End Users using the Services under your account. Any violation of these Terms by an End User will be deemed a violation by you.

5. Company Obligations for Content

“Content” refers to any communications, messages, recordings, files, or data that you or your End Users create, input, submit, or transmit using the Services. The Company will maintain reasonable physical, electronic, and procedural safeguards intended to protect your Content against unauthorized access or disclosure, in accordance with industry standards. However, you acknowledge that no method of storage or transmission is completely secure, and the Company cannot guarantee absolute security of your Content.

Except as otherwise provided in this Agreement, or as required by law:

The Company will not access or view your Content without authorization. The Company may only access, view, or disclose your Content under the following circumstances: (a) as necessary to provide and support the Services (for example, to troubleshoot technical issues at your request); (b) as authorized or directed by you (including through your use of the Services’ settings and features); (c) as required to comply with applicable law, regulation, legal process, or enforceable governmental request; or (d) as otherwise permitted by the Phound Privacy Policy.
The Company will notify you if it becomes aware of any unauthorized access to or disclosure of your stored Content, to the extent such notification is required by law and feasible for the Company.

Beyond the obligations in this Section, the Company assumes no further responsibility for safeguarding Content. You are responsible for maintaining your own backups of important Content and for any consequences of sharing or publishing any Content through the Services.

6. Feedback

If you choose to provide feedback, suggestions, or ideas to the Company regarding the Services (“Feedback”), you agree that Phound may freely use, modify, and incorporate this Feedback in its products and services without any obligation to you. You hereby grant the Company a perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use and exploit all Feedback for any purpose. The Company is not required to keep any Feedback confidential and may use it without restriction. Please do not submit Feedback if you expect to be compensated or to maintain proprietary or personal rights in the Feedback.

7. Eligibility and User Age Restrictions

Eligibility: You affirm that you are at least 18 years old or the age of majority in your jurisdiction, and are fully able and competent to enter into and comply with the terms of this Agreement. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. The Services are intended for adults; if you are under 18 but at least 13 years old, you may use the Services only with the involvement and consent of your parent or legal guardian. The Company reserves the right to terminate or refuse accounts if it discovers any user is not of legal age or otherwise not authorized to use the Services.

Use by Children: The Services are not intended for children under the age of 13. You may not allow any child under 13 to use Phound’s Services, except in the context of a Company-approved educational program or “School Subscriber” account where the child’s use is authorized by a school or educational institution and parental consent has been obtained as required by law. Phound does not knowingly collect personal information from children under 13 outside of such approved school-supervised use. If the Company becomes aware that a person under 13 (outside of a School Subscriber program) has created an account or is using the Services, the account will be terminated immediately.

8. Fees, Charges and Cancellation

Payment of Fees: You agree that the Company may charge your provided payment method (such as a credit card) for all fees due in connection with your use of the paid Services. These charges may include, without limitation, one-time charges, recurring subscription fees, usage-based fees, taxes, and applicable charges identified when you purchase or subscribe to Services. By providing a payment method, you represent that you are authorized to use that payment method and you authorize the Company (or its third-party payment processor) to charge the full amount of fees to that payment method. All fees are stated and payable in U.S. Dollars, unless otherwise specified.

Price Changes: The Company reserves the right to change the pricing for any Service (including instituting fees for Services that are currently free or changing the amount of existing fees) at its discretion. If the Company increases the price of a Service to which you are subscribed or introduces a new fee for a free Service, the Company will provide you with reasonable prior notice (for example, by email or via the Service) of the change. The change will take effect at the start of the next billing cycle or subscription term following the notice, unless otherwise specified. If you do not agree to the price changes, you may cancel the Service before the new charges are applied. Continued use of the Service after the effective date of a fee change constitutes your agreement to the new fees. The Company will not retroactively charge you for a Service that was previously free unless you are notified and expressly agree to start paying for that Service.

Failed Payments: If the Company is unable to collect fees from your designated payment method when due, you agree that the Company may undertake efforts to collect the due amounts from you. This may include contacting you for updated payment information, retrying the payment method, or billing any other payment method you have on file. You are responsible for any costs the Company incurs in its collection efforts for overdue amounts, including reasonable attorneys’ fees, court costs, and collection agency fees. Overdue amounts may accrue interest at the rate of 1.5% per month (or the highest rate permitted by law, if lower), from the due date until paid in full.

Cancellation: You may cancel your subscription or paid Services at any time by following the account cancellation procedures on the relevant Phound website or app. If you cancel, you will retain access to the paid Services until the end of your pre-paid subscription term, but you will not be charged for any subsequent renewal term (and your subscription will not auto-renew). No Refund for Used Services: Except as provided under the refund policy below, the Company will not refund any fees you have already paid for the current subscription term or usage period — in other words, if you cancel, you will not receive a refund for the then-current billing cycle or term, but you will continue to have access for the remainder of that period.

Refund Policy: The Company’s refund policy depends on how you purchased the Services:

Purchases via App Stores: If you were charged for Phound Services through a third-party platform such as the Apple App Store or Google Play (for example, an in-app purchase or subscription via your iOS or Android device), any refund requests must be made through the respective app store. Phound is unable to process refunds or returns for purchases made through Apple or Google, because those transactions are managed by the app store under its own terms. Please refer to the Apple App Store or Google Play refund policies and request procedures for any such purchases.
Purchases via Credit Card (Direct Billing): If you purchased Services directly from Phound (for instance, by entering your credit card details into Phound’s website or application) and you have prepaid credits or unused funds remaining, you may be eligible for a refund of the unused portion. Refunds for direct purchases are available for up to three (3) months from the original charge date, provided the services or credits remain unused. To request a refund of an unused balance, you must contact Phound’s customer support within the three-month window and provide proof of purchase. The Company will review the request and, if approved, will credit the amount back to your original payment method. Phound reserves the right to decline refund requests that are made more than three months after the charge, or for funds that have already been used (in whole or in part) to access the Services.

Please note that aside from the above policy (or where required by law), all fees are non-refundable. Promotional offers or discounts may be subject to additional terms and may not be refundable. This refund policy does not affect any rights you may have under applicable law.

9. Termination

You or the Company may terminate this Agreement and your account as described in this section.

By You (Termination by Customer): You may terminate your account or stop using the Services at any time. If you have subscribed to a Service for a specific term, your termination will take effect at the end of the then-current subscription term, unless otherwise stated in your Order or subscription plan. (For example, if you paid for a year of service and decide to terminate mid-term, the termination will be effective at the end of that year and you will not be charged for another term.) To ensure your subscription does not renew, you must submit a cancellation request before the renewal date as described in Section 8 above.
By Company (Termination or Suspension by Company): The Company may, at its discretion, suspend or terminate your account and this Agreement at any time if you violate any provision of this Agreement or if your use of the Services creates risk for the Company or other users, or is unlawful, or for any other reason deemed justifiable by the Company (including prolonged inactivity of a free account). In the event of termination for your breach of this Agreement, the Company may immediately deactivate your account and terminate your access to the Services without prior notice. The Company shall have no liability to you for any termination of your account in accordance with these Terms.
Effect of Termination: Upon any termination of this Agreement (whether by you or by the Company), you must immediately cease all use of the Services. Any licenses or rights granted to you under this Agreement will terminate immediately. If your account is terminated by the Company due to your breach, the Company may retain any fees or charges already paid by you (and you will remain responsible for any unpaid amounts due). The Company may also delete or not allow you to access any data or Content stored on the Services after termination (except to the extent the Company is required to retain it by law or permitted under the Privacy Policy).

Certain provisions of this Agreement will survive termination. Specifically, Sections 1, 3, and 5 through 22 of these Terms (along with any other provisions that by their nature should survive termination, including but not limited to indemnification obligations, disclaimers of warranties, limitations of liability, and the arbitration agreement) shall survive and remain in effect after termination of this Agreement.

If at any time you are dissatisfied with the Services, your sole and exclusive remedy is to terminate your use of the Services and cancel any paid subscriptions as described above.

10. Proprietary Rights

All rights, title, and interest in and to the Services (including but not limited to any software, mobile applications, websites, products, logos, and all content provided by the Company) are and will remain the exclusive property of the Company and/or its licensors. This includes all intellectual property rights such as trademarks, service marks, logos, trade names, graphics, and copyrighted materials (“Company Marks” and content).

You are granted a limited, non-exclusive, non-transferable, revocable license to use the Services and any software provided as part of the Services solely in accordance with this Agreement and for your personal or internal business use. You do not acquire any ownership rights in the Services or any Company Marks by using the Services or by downloading authorized materials. All rights not expressly granted to you in this Agreement are reserved by the Company and its licensors.

Unless expressly authorized in writing by the Company, you agree not to: (a) copy, modify, adapt, distribute, publicly display, or create derivative works of the Services or any portion thereof; (b) frame or mirror any part of the Services or incorporate any portion of the Services into any other product or service; or (c) use any of the Company’s names, logos, or trademarks, or any meta tags or hidden text utilizing the Company’s name or trademarks, without the Company’s prior written consent. Any feedback or suggestions you provide remain subject to Section 6 (Feedback) above.

11. Copyright

You agree that you will not post, upload, transmit, or otherwise make available through the Services any content or material that infringes any third party’s copyright, trademark, or other intellectual property rights or rights of publicity/privacy. You are responsible for ensuring that any content you create or share via the Services does not violate any such rights.

The Company respects intellectual property rights and will promptly respond to notices of alleged copyright infringement that comply with the law. If you believe that any content accessible on the Services infringes your copyright, you may notify the Company by contacting us at privacy@phound.app (please include “Copyright Infringement Notice” in the subject line). Your notice should include information reasonably sufficient to permit the Company to locate the material and understand the basis of your claim. The Company may remove or disable access to alleged infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws.

12. Export Restrictions

The Services, and any software or technology you access or receive in connection with the Services, may be subject to United States export control laws and sanctions regulations, as well as similar laws in other jurisdictions. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation:

You represent and warrant that (i) you are not located in, under the control of, or a national or resident of any country or region that is subject to U.S. trade sanctions or embargoes (including, for example, Cuba, Iran, North Korea, Syria, or the Crimea region of Ukraine), and (ii) you are not a prohibited end user under U.S. export and sanctions laws (such as being listed on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Commerce Department’s Denied Persons List).
You shall not export, re-export, transfer, or divert any part of the Services or any related software or technical information, directly or indirectly, to any individual or entity that is prohibited by U.S. export laws, or use the Services for any purpose prohibited by such laws, including but not limited to nuclear, chemical, or biological weapons proliferation, or development of missile technology.
You also agree not to use or provide the Services for any military end-use in violation of U.S. law, and not to upload or transmit any content that is controlled for export from the U.S. without proper authorization.

The obligations in this Section survive any termination of this Agreement. The Company will provide export classification information for its Services upon request to the extent reasonably available.

13. No Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY (PHOUND) AND ITS AFFILIATES, SUPPLIERS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

The Company does not guarantee that the Services will be uninterrupted, error-free, or completely secure. The Company makes no warranty that the results obtained from the use of the Services will be accurate or reliable, or that any defects in the Services will be corrected. No advice or information, whether oral or written, obtained by you from the Company or through the Services, shall create any warranty not expressly stated in this Agreement.

The Company furthermore disclaims any responsibility for any third-party software, applications, or services that you use in conjunction with Phound’s Services. Such third-party services are governed by their own terms and not by this Agreement.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above disclaimers may not apply to you. In such case, any implied warranties are limited in duration to a period of thirty (30) days from the date you first use the Services, and no warranties apply after that period. This Section is a fundamental element of the basis of the bargain between you and the Company, and the Services would not be provided without such disclaimers.

14. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will the Company or its Affiliates, suppliers, or resellers be liable to you or any third party for any indirect, incidental, special, consequential, or exemplary damageswhatsoever arising out of or related to the Services or your use of or inability to use the Services. This disclaimer of liability applies to any damages for lost profits, lost data, loss of goodwill, business interruption, computer damage, cost of substitute services, or other intangible losses, even if the Company has been advised of the possibility of such damages.

In addition, and to the maximum extent permitted by law, the total cumulative liability of the Company and its Affiliates arising from or related to this Agreement or the Services, whether in contract, tort (including negligence), strict liability or otherwise, shall not exceed the total amount of fees actually paid by you to the Company for the specific Service that is the subject of the claim in the twelve (12) months immediately preceding the event giving rise to the liability. If you have not paid any fees to the Company (for example, if you use free Services only), the Company’s aggregate liability shall not exceed US $100.00.

These limitations of liability form an essential basis of the bargain between the parties, and without them, the terms and pricing provided herein would be different. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so certain limitations above may not apply to you. In those jurisdictions, the liability of the Company will be limited to the fullest extent permitted by law.

15. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its Affiliates, officers, directors, employees, agents, partners, and licensors from and against any and all claims, suits, actions, demands, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in connection with: (a)your use of the Services (or use of the Services by others using your account); (b) your violation of this Agreement or any policy incorporated by reference; (c) any Content you or your End Users submit, post, transmit, or otherwise make available through the Services; or (d) your violation of any law or the rights of any third party.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations). In such case, you agree to cooperate with the Company’s defense of that claim. You will not settle any claim that affects the Company or its Affiliates without the Company’s prior written approval.

Your indemnification obligations under this Section shall survive any termination of this Agreement or your use of the Services.

16. Agreement to Arbitrate; Waiver of Class Actions (U.S. Users)

Applicability: If you are a resident of the United States or if you bring any claim against the Company in the United States, you agree that the following arbitration clause and class action waiver will apply. Please read this section carefully. It affects your legal rights by requiring arbitration of disputes (with certain exceptions) and waiver of the ability to bring or participate in a class action lawsuit or class-wide arbitration.

Dispute Resolution: You and the Company agree to resolve any disputes arising out of or relating to this Agreement or the Services only on an individual basis, through binding arbitration or (if eligible) in small claims court. You and the Company waive any right to have a trial by jury or to participate in a class action or representative proceeding in any manner.

Arbitration Agreement: Except for the exceptions described below, you and the Company agree that any dispute, claim, or controversy between us arising out of or relating to the Services or this Agreement (a “Dispute”) will be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. However, “Dispute” does not include: (i) any claim to enforce or protect the intellectual property rights of you or the Company or its Affiliates; or (ii) certain requests for preliminary injunctive relief. Such actions may be brought in court instead of arbitration.
Small Claims Option: You have the right to bring an individual claim in your local small claims court instead of arbitration if the claim is within the jurisdictional limits of small claims court and proceeds only on an individual (non-class, non-representative) basis. If a qualifying claim is initially filed in small claims court but is later transferred, removed, or appealed to a different court, either party may then elect to compel arbitration.
Arbitration Procedure: To initiate arbitration, you must send a written notice to the Company at the contact address provided in these Terms (Attention: Legal Department) describing the dispute and your desired resolution. The arbitration will be conducted by a single neutral arbitrator in the federal judicial district of your residence or another mutually agreed location. The AAA’s rules and instructions for initiating arbitration are available at www.adr.org. The arbitrator will have the authority to determine the arbitrability of the Dispute and to award any relief that would be available in an individual lawsuit under applicable law, including injunctive or declaratory relief and attorneys’ fees. The arbitrator will issue a written decision that includes the essential findings and conclusions on which any award is based. Judgment on the arbitration award may be entered in any court having jurisdiction.
Arbitration Fees and Costs: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are unable to afford the arbitration costs, the Company will consider your request to pay or advance those costs if you provide evidence of financial hardship (the arbitrator will determine any obligation of repayment by you as part of the award). Each party will bear its own attorneys’ fees and costs unless the arbitrator awards fees to the prevailing party under applicable law.
Class Action Waiver: You and the Company agree that any arbitration (or court proceeding, if applicable) will be conducted on an individual basis and not as a class, collective, consolidated, or representative action.Neither you nor the Company will join or consolidate claims of others or participate in any claim as a class representative or class member. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding, nor to make an award to any person or entity not a party to the arbitration.
Severability of Arbitration Terms: If any portion of this arbitration agreement is found to be unenforceable or unlawful for any reason, the unenforceable portion shall be severed and the remainder of this Section 16 shall remain in full force and effect. However, if the class action waiver above is found to be unenforceable with respect to a particular claim, and that determination is final after all appeals, then the entirety of this arbitration agreement shall be void as to that claim. In such case, the claim may proceed in court, subject to the right to appeal the decision that the class action waiver is unenforceable.

This Section 16 shall survive termination of the Agreement. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION AGREEMENT AND WAIVER: You must notify the Company in writing within 30 days of first accepting these Terms, stating that you decline this arbitration agreement. Include your name, account email, and a clear statement that you decline the arbitration provision. Send the opt-out notice to legal@phound.app. Opting out of this arbitration provision will not affect any other part of this Agreement.

17. Privacy Policy and Data Use

Your use of the Services is also governed by Phound’s Privacy Policy, which is hereby incorporated into this Agreement by reference. The Privacy Policy explains how Phound collects, uses, stores, and protects your personal information when you use our Services. It also describes your rights and choices regarding your information, such as how you can access or delete data. By using the Services, you acknowledge that you have read and understood the Phound Privacy Policyand agree to Phound’s collection and use of your information as described therein.

In summary, and without limiting the full Privacy Policy: Phound may collect certain information about you and your End Users as necessary to provide the Services (for example, contact information during registration, and usage data during service operation). Phound implements industry-standard security measures to safeguard your personal data, but cannot guarantee absolute security. You are responsible for maintaining the confidentiality of your account credentials and any sensitive information when using the Services. If you have questions about our data practices or wish to make a request regarding your personal data (such as an access, correction, or deletion request), please refer to the Privacy Policy for the proper procedure or contact us at privacy@phound.app.

By incorporating the Privacy Policy into these Terms, any violation of the Privacy Policy by you or your End Users shall be considered a breach of this Agreement.

18. Other Applicable Policies

In addition to the Privacy Policy, other Phound policies or supplemental terms may apply to certain services, features, or programs offered by Phound. For example, specific usage guidelines or community standards may be published on the Phound website or within the Services. All such additional policies or guidelines (as updated from time to time and identified as applicable to the Services) are incorporated by reference into these Terms. You agree to comply with all applicable policies when using the Services.

If there is a conflict between this Agreement and any supplemental terms for a particular Service feature, the supplemental terms will govern with respect to your use of that feature to the extent of the conflict. Otherwise, this Agreement will govern.

19. Miscellaneous Provisions

Choice of Law: This Agreement and any disputes arising out of or related to it or the Services will be governed in all respects by the laws of the State of California, U.S.A., without regard to its conflict of law principles, except as superseded by U.S. federal law (such as the Federal Arbitration Act, to the extent applicable). If you reside outside the United States, you understand and agree that U.S. law shall apply to the maximum extent permissible.

Jurisdiction and Venue: Except where arbitration is required under Section 16, you agree that any legal action or proceeding arising under this Agreement (including any action to enforce an arbitration award or any matter not subject to arbitration) will be brought exclusively in the state or federal courts located in Los Angeles County, California, U.S.A. You and the Company each consent to the personal jurisdiction of these courts, and waive any objection on grounds of inconvenient forum. Notwithstanding this, the Company may seek injunctive or other equitable relief in any jurisdiction to protect its intellectual property or confidential information.

No Waiver: The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of future enforcement of that right or provision. Similarly, the waiver of any breach or default will not constitute a waiver of any subsequent breach or default. To be legally binding, any waiver by the Company of any provision of this Agreement must be in a written document explicitly referencing the provision and signed by an authorized representative of the Company.

Severability: If any provision of this Agreement is held to be illegal, invalid, or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect. The parties will endeavor in good faith to replace any invalid or unenforceable provision with a valid and enforceable provision that, as closely as possible, achieves the intended economic and legal effect of the original provision.

Assignment: You may not assign or transfer this Agreement (or any of your rights or obligations under it) without the prior written consent of the Company. Any attempt by you to assign this Agreement without consent will be null and void. The Company may assign or transfer this Agreement, or any of its rights or obligations, to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, without notice to you.

Relationship of Parties: Nothing in this Agreement shall be construed to create a partnership, joint venture, employer-employee, or agency relationship between you and the Company. You have no authority to act on behalf of the Company or bind the Company in any manner.

20. Entire Agreement

This Agreement (including any documents incorporated by reference, such as the Privacy Policy and any additional terms for specific services) constitutes the entire agreement between you and Phound with respect to the subject matter herein, and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, regarding the same.

In the event you or your organization have a separate written agreement with Phound that is signed by both parties and specifically governs your use of the Services (for example, a negotiated enterprise contract or an Order Form with additional terms), that separate written agreement will control to the extent that any provision in that agreement conflicts with the terms of this Terms of Service. Otherwise, these Terms shall govern.

No oral or written information or advice given by the Company, its representatives, or any third party will create any warranty or modify the Terms of this Agreement, unless expressly included in an official amendment to this Agreement. Any amendments or modifications to this Agreement must be made in writing and posted by the Company or signed by an authorized representative of the Company.

Contact Information: If you have any questions or concerns about these Terms or the Services, you may contact Phound at support@phound.app or through the contact information provided on our website.

By using Phound’s Services, you acknowledge that you have read, understood, and agree to these Terms of Service.

Exhibit A – Additional Provisions for Binding Arbitration (U.S. Residents)

This Exhibit A further describes the arbitration procedures and provisions referred to in Section 16 above, and it is incorporated into the Terms of Service for users in the United States:

Disputes Covered: For purposes of Section 16 and this Exhibit, a “Dispute” is any controversy or claim between you and the Company related to the Services or this Agreement. This includes claims regarding our advertising, communications, your account, billing, or the provision of services, and includes claims based on any legal theory (contract, tort, statute, fraud, misrepresentation, or any other). It does not include claims about the enforcement or validity of your or the Company’s intellectual property rights, or any claim falling within an exclusion stated in Section 16.
Informal Resolution: Before initiating arbitration, the parties agree to attempt in good faith to resolve any Dispute informally. You should send a written notice of the Dispute to the Company describing the nature of your claim and the requested relief. Similarly, the Company may send such a notice to your contact address on file. If the Dispute is not resolved within 30 days from the notice, either party may proceed to initiate arbitration.
Arbitration Process: Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes. You may begin an arbitration proceeding by submitting a demand for arbitration to the AAA and providing a copy to the Company at the address listed in the Contact Information section of the Terms. The arbitration shall be before a single arbitrator. The arbitrator will decide the rights and liabilities of you and the Company, and will honor claims of privilege recognized by law. The arbitrator’s decision will be final and binding, except for any right of appeal provided by the Federal Arbitration Act.
Arbitration Fees: Each party is responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. If your claim is for less than $10,000 and you certify that payment of arbitration fees would cause you undue hardship, the Company will pay all administrative fees and arbitrator fees for the arbitration, provided you have made a good-faith effort to resolve the dispute informally first. Otherwise, the payment of fees will be as determined by the arbitrator. The arbitrator may award fees and costs to the prevailing party to the extent permitted by law, but neither party is obligated to pay the other’s attorneys’ fees or costs in arbitration unless the arbitrator so determines.
Conflict with AAA Rules: This Agreement governs to the extent it conflicts with the AAA’s Commercial Arbitration Rules or other arbitration rules. In particular, the class action waiver in Section 16 shall be enforced as written by the arbitrator.
One Year to File Claim: To the extent permitted by law, any Dispute must be filed in small claims court or noticed for arbitration within one (1) year of when the cause of action arose. If a Dispute is not filed or noticed within one year, it shall be permanently barred. This provision does not apply to intellectual property claims or to the extent a longer period is required by law.
Severability (Arbitration): If any portion of this Exhibit A (other than the class action waiver) is found to be illegal or unenforceable, that portion shall be severed and the remaining provisions shall be enforced to the fullest extent allowed by law. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a Dispute, then those parts of the Dispute will be resolved in court (with any remaining parts resolved in arbitration).

This Arbitration Exhibit A is an integral part of the Agreement for U.S. users. By agreeing to the Terms, you agree to this arbitration agreement. If you timely opt out of the arbitration agreement, then this Exhibit A will not apply to you.