Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between Phynx Inc., a Delaware corporation (“Phynx,” “we,” or “us”), and the individual or legal entity that accesses the Phynx event-operations platform and related websites at www.phynx.studio and app.phynx.studio(collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

1. The Service

Phynx provides software-as-a-service for managing event reservations, ticketing, guest lists, check-in, promoter payouts, and related event-operations workflows. We may modify, enhance, or retire features from time to time. We will provide reasonable notice of any material changes that adversely affect your use of the Service.

2. Accounts

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must be at least 18 years old (or the age of majority in your jurisdiction) to create an account.
• You represent that any information you provide is accurate and that you have the authority to bind your organization to these Terms.
• We may suspend or terminate accounts that violate these Terms, put the Service at risk, or engage in illegal activity.

3. Acceptable use

You may not use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Send unsolicited messages, spam, or content that infringes others’ privacy or intellectual-property rights.
• Upload malware, attempt to breach our security, or interfere with other users.
• Reverse-engineer, decompile, or attempt to extract source code except where such restriction is prohibited by applicable law.
• Resell or sublicense the Service without our written consent.

4. Your content

You retain ownership of any data, content, or materials you or your organization upload to the Service (“Customer Data”). You grant Phynx a worldwide, non-exclusive license to host, process, transmit, and display the Customer Data solely as needed to provide the Service.

You are solely responsible for the Customer Data, including its lawfulness, accuracy, and any consents required to collect and process it (for example, guests’ consent to receive SMS from you through the Service).

5. Messaging and SMS

The Service allows organizations to send transactional SMS messages (invitations, reminders, confirmations) to their guests through third-party carriers. By using this functionality, you agree that you will:

• Obtain prior express consent from each recipient before sending SMS, in accordance with the TCPA, CTIA guidelines, and applicable carrier rules.
• Provide clear opt-out instructions (e.g. “Reply STOP to unsubscribe”) and promptly honor opt-out requests.
• Only send messages that relate to the transaction or event at hand.
• Not use the Service to send content prohibited by carrier acceptable-use policies (spam, SHAFT — sex, hate, alcohol to underage recipients, firearms, tobacco; illegal substances; or any high-risk content identified in Twilio’s A2P 10DLC guidelines).

You indemnify Phynx against any claims arising from SMS you initiate through the Service in violation of these rules.

6. Fees

Fees for the Service are described in your order form or pricing plan. Unless specified otherwise, fees are billed in advance, are non-refundable except where required by law, and are exclusive of taxes. Late payments may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law.

7. Third-party services

The Service integrates with third-party providers (payment processors, messaging carriers, authentication providers, etc.). Your use of those providers is subject to their own terms. Phynx is not responsible for third-party services outside our control.

8. Intellectual property

Phynx retains all right, title, and interest in and to the Service, including all software, logos, designs, and documentation. These Terms do not grant you any right in our trademarks or brand.

9. Confidentiality

Each party agrees to protect the other’s confidential information with the same degree of care it uses to protect its own (and in any event, not less than reasonable care), and to use it only for the purposes of this agreement.

10. Warranty disclaimer

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Phynx disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that all defects can be corrected.

11. Limitation of liability

To the maximum extent permitted by law, Phynx will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Phynx’s aggregate liability for claims arising out of or relating to the Service will not exceed the amount you paid to Phynx in the twelve (12) months preceding the event giving rise to the claim.

12. Indemnification

You will defend, indemnify, and hold harmless Phynx and its officers, directors, employees, and agents from any third-party claim arising from (a) your breach of these Terms, (b) your Customer Data, or (c) your violation of law or third-party rights.

13. Term and termination

These Terms remain in effect until your account is terminated. Either party may terminate for material breach that is not cured within 30 days after written notice. Upon termination, your right to access the Service ends, and we may delete Customer Data after a reasonable export window.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute will be resolved in the state or federal courts located in Los Angeles County, California, and the parties consent to personal jurisdiction there.

15. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced by email or in-product notice at least 30 days before they take effect. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.

16. Contact

Phynx Inc.
100 W Broadway, Long Beach, CA 90802
legal@phynx.studio
hello@phynx.ai