Terms and Conditions
Last Updated: September 2026
These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," or "your") and Phenakite ("Company," "we," "us," or "our") governing your access to and use of the phenakite.info website located at phenakite.info (the "Site") and any associated software-as-a-service products, applications, tools, features, and functionalities provided through the Site (collectively, the "Service"). By accessing, browsing, registering for, or otherwise using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any provision of these Terms, you must immediately cease all use of the Service.
Your continued use of the Service following the posting of any changes or modifications to these Terms constitutes your express acceptance of such revised Terms. You are responsible for regularly reviewing these Terms to stay informed of any updates. We recommend that you bookmark this page and revisit it periodically. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you represent and warrant that you have the legal authority to bind that entity to these Terms, and the terms "you" and "your" shall refer to both you and that entity.
If you are under the age of eighteen (18), you may not use the Service without the involvement of a parent or legal guardian who has reviewed and agreed to these Terms on your behalf. By using the Service, you represent and warrant that you are of the legal age of majority in your jurisdiction of residence or have obtained appropriate parental or guardian consent. You further represent that your use of the Service complies with all applicable federal, state, and local laws and regulations.
2. Use of Service
Subject to your ongoing compliance with these Terms, Phenakite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business or personal purposes during the term of this Agreement. This license does not grant you any right to resell, redistribute, or commercially exploit the Service without our prior written consent. The Service is provided on a subscription basis, and your access may be contingent upon timely payment of applicable fees as described on the Site or in a separate ordering document.
You may be required to register an account to access certain features of the Service. When registering, you agree to provide accurate, current, and complete information and to update such information to keep it accurate, current, and complete. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You agree to immediately notify Phenakite of any unauthorized use of your account or any other security breach. We reserve the right to suspend or terminate your account if we suspect or detect any unauthorized or fraudulent activity.
The Service may include features that allow you to upload, submit, store, or transmit data, content, or materials ("User Content"). You retain all ownership rights in your User Content, but you grant Phenakite a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, adapt, and display your User Content solely as necessary to provide, maintain, and improve the Service. You are solely responsible for your User Content and for ensuring that it does not violate any laws or third-party rights.
We reserve the right to modify, suspend, or discontinue any feature, functionality, or aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. We may also impose limits on certain features of the Service or restrict access to parts or all of the Service without notice or liability.
3. User Obligations
You agree to use the Service only for lawful purposes and in a manner that does not infringe, violate, or misappropriate the rights, privacy, or property of any third party. You shall not use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service. Prohibited conduct includes, but is not limited to, attempting to gain unauthorized access to any portion of the Service, probing or scanning the security of the system, or engaging in any activity that disrupts or attempts to disrupt the Service.
You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, algorithms, or file formats of the Service or any software underlying or forming part of the Service, except to the extent that such restrictions are expressly prohibited by applicable law. You shall not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices displayed on or within the Service. Additionally, you shall not use any automated means, including robots, spiders, scrapers, or similar tools, to access or collect data from the Service without our express written permission.
You are solely responsible for all data, content, and information that you submit, upload, or transmit through the Service. You represent and warrant that you have all necessary rights, permissions, and consents to submit your User Content and that such User Content does not and will not violate any law, regulation, or third-party right, including intellectual property rights, privacy rights, and contractual obligations. You agree not to submit any content that is defamatory, obscene, fraudulent, deceptive, or otherwise objectionable.
You agree to comply with all applicable export control and economic sanctions laws and regulations, including those administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to comprehensive U.S. sanctions and that you are not on any list of prohibited or restricted parties maintained by the U.S. government.
4. Intellectual Property Rights
All right, title, and interest in and to the Service, including but not limited to the phenakite.info website, software, source code, object code, user interface, design, graphics, text, documentation, logos, and all related intellectual property rights, are and shall remain the exclusive property of Phenakite and its licensors. The Service is protected by United States and international intellectual property laws, including copyright, trademark, and patent laws, as well as trade secret laws. Nothing in these Terms grants you any right, title, or interest in or to the Service except for the limited license expressly set forth herein.
Trademarks, service marks, logos, trade names, and trade dress of Phenakite and its affiliates, including the phenakite.info name and logo, are the property of Phenakite and may not be used without our prior written consent. Any use of our trademarks in a manner that is likely to cause confusion, dilute, or tarnish our brand is strictly prohibited. All other trademarks, service marks, and trade names appearing on the Service are the property of their respective owners, and their use does not imply any affiliation with or endorsement by us.
If you provide any feedback, suggestions, ideas, or recommendations regarding the Service ("Feedback"), you grant Phenakite a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, and exploit such Feedback for any purpose without any obligation or compensation to you. We may use Feedback to improve, enhance, or develop new features for the Service without any restriction or liability.
Phenakite respects the intellectual property rights of others. If you believe that any content available on or through the Service infringes your copyright or other intellectual property rights, please submit a notification to [email protected] with the information required by the Digital Millennium Copyright Act (DMCA), including identification of the copyrighted work claimed to have been infringed, identification of the allegedly infringing material, and your contact information. We will investigate and take appropriate action in response to valid infringement notices.
5. Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Phenakite, its officers, directors, employees, agents, affiliates, licensors, or suppliers be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to damages for loss of profits, revenue, business, data, goodwill, or other intangible losses, arising out of or in connection with your access to or use of, or inability to access or use, the Service, regardless of the cause of action and whether based in contract, tort (including negligence), strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
To the maximum extent permitted by applicable law, the total aggregate liability of Phenakite and its affiliates, licensors, and suppliers arising out of or related to these Terms or your use of the Service shall not exceed the greater of (a) the total amount you have paid to Phenakite for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100.00). This limitation of liability applies regardless of the form of the action, whether in contract, tort, or otherwise, and whether or not Phenakite has been advised of the possibility of such damages.
The limitations and exclusions of liability set forth in this section apply even if any remedy fails of its essential purpose. You acknowledge that the limitations of liability and disclaimers set forth in these Terms are an essential basis of the bargain between you and Phenakite and that absent such limitations, the fees charged for the Service would be substantially higher. You agree that the limitations and exclusions of liability reflected in these Terms represent a fair allocation of risk between you and Phenakite.
Some jurisdictions do not allow the exclusion or limitation of certain damages, including incidental or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, the liability of Phenakite shall be limited to the maximum extent permitted by applicable law.
6. Disclaimers
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Phenakite EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Phenakite DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.
Phenakite DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT ANY DATA OR INFORMATION STORED OR TRANSMITTED THROUGH THE SERVICE WILL REMAIN SECURE OR FREE FROM UNAUTHORIZED ACCESS. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING APPROPRIATE BACKUP COPIES OF ANY DATA OR CONTENT YOU SUBMIT TO THE SERVICE. Phenakite IS NOT RESPONSIBLE FOR ANY LOSS OR CORRUPTION OF DATA.
ANY ADVICE, INFORMATION, OR CONTENT PROVIDED THROUGH THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS LEGAL, FINANCIAL, OR PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH AN APPROPRIATE PROFESSIONAL BEFORE MAKING ANY DECISIONS BASED ON SUCH INFORMATION. Phenakite DOES NOT ENDORSE, VERIFY, OR GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY THIRD-PARTY CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE.
NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Phenakite OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY SET FORTH IN THESE TERMS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
7. Indemnification
You agree to defend, indemnify, and hold harmless Phenakite, its officers, directors, employees, agents, affiliates, licensors, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees and court costs, arising out of or in connection with: (a) your use of or access to the Service; (b) your violation of these Terms; (c) your violation of any applicable law, rule, or regulation; (d) your infringement or misappropriation of any third-party intellectual property or other right; or (e) any User Content you submit, upload, or transmit through the Service.
Phenakite reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with Phenakite in asserting any available defenses. You may not settle any matter without the prior written consent of Phenakite, which shall not be unreasonably withheld. You agree to provide Phenakite with reasonable assistance, at your expense, in connection with any matter that is the subject of indemnification.
Your indemnification obligations shall survive the termination or expiration of this Agreement and shall apply regardless of whether the claim arises before or after such termination or expiration. These indemnification obligations are in addition to, and not in lieu of, any other remedies available to Phenakite under these Terms or applicable law.
8. Governing Law
These Terms and any dispute or claim arising out of or in connection with them or their subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the United States and the state in which Phenakite is incorporated, without regard to its conflict of law provisions. You and Phenakite agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms or your use of the Service.
You and Phenakite agree that all disputes and claims arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in the state of Phenakite's principal place of business, and you hereby consent to the exclusive personal jurisdiction and venue of such courts. You waive any objection based on forum non conveniens or improper venue and agree not to commence any action related to these Terms except in such courts.
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, or if such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect. The waiver by Phenakite of any breach of any provision of these Terms shall not be construed as a waiver of any subsequent breach of the same or any other provision.
9. Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or the relationship between you and Phenakite shall be resolved through binding arbitration administered by a reputable arbitration service in accordance with its then-current rules, except that neither party may bring an action as a class plaintiff or class member in any class action, class arbitration, or representative action. Any arbitration shall be conducted on an individual basis, and the arbitrator shall have no authority to consolidate or join the claims of multiple parties.
Before initiating arbitration, the party asserting the claim must first provide written notice of the dispute to the other party at [email protected] and attempt in good faith to resolve the dispute through informal negotiation for a period of at least thirty (30) days. If the dispute is not resolved within such period, either party may initiate arbitration. The arbitrator shall be a neutral attorney admitted to practice in the state of Phenakite's principal place of business and shall apply the governing law specified in these Terms.
You and Phenakite agree that each may bring claims against the other only in its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If a court determines that any portion of this class action waiver is unenforceable, then the entire arbitration provision shall be void as to that claim.
You and Phenakite agree that the prevailing party in any arbitration or litigation shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party, except as otherwise required by applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction. Notwithstanding the foregoing, Phenakite may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information without first submitting to arbitration.
10. Termination
Phenakite may suspend or terminate your access to the Service, in whole or in part, at any time, with or without cause, and with or without prior notice. If Phenakite terminates your access for cause, such as a violation of these Terms, no refund shall be due to you. If Phenakite terminates your access without cause, you may be entitled to a pro-rata refund of any prepaid fees for the unused portion of the subscription period, as determined by Phenakite in its sole discretion.
You may terminate your account and discontinue use of the Service at any time by following the instructions provided on the Site or by contacting us at [email protected]. Upon termination, your license to use the Service shall immediately cease, and you must cease all use of the Service. You are responsible for exporting or retrieving any User Content prior to termination, as Phenakite may delete or render inaccessible all User Content following termination after a reasonable period.
The following provisions shall survive any termination of this Agreement: Intellectual Property Rights, Limitation of Liability, Disclaimers, Indemnification, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination. Termination shall not relieve either party of any obligation that accrued prior to such termination.
11. Changes to Terms
Phenakite reserves the right to modify or revise these Terms at any time, in its sole discretion. If we make material changes to these Terms, we will provide notice of such changes by posting the revised Terms on the Site and updating the "Last Updated" date at the top of this page. In some cases, we may also provide additional notice, such as by sending an email notification or displaying a prominent notice within the Service.
Your continued use of the Service following the effective date of any revised Terms constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service. We encourage you to review these Terms periodically to stay informed of any updates. The "Last Updated" date reflects the most recent revision date.
Phenakite shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service or for any change to these Terms. You acknowledge that Phenakite has the right to change the features, pricing, and availability of the Service at any time, and such changes may affect your use of the Service.
12. Contact Information
If you have any questions, concerns, or requests regarding these Terms or the Service, please contact Phenakite using the following information:
- Company: Phenakite
- Email: [email protected]
- Phone: +19285550102
- Address: 2 South Beaver Street, Suite 160, Flagstaff, AZ 86001
For privacy-related inquiries or requests, including requests under the CCPA/CPRA or other applicable state privacy laws, please refer to our Privacy Policy or contact us at [email protected]. For information about our use of cookies and your options regarding cookies, including the CCPA opt-out of sale or sharing of personal information, please review our Cookie Policy.
Any notices required or permitted under these Terms shall be deemed properly given if delivered by email to [email protected] or by certified mail to 2 South Beaver Street, Suite 160, Flagstaff, AZ 86001, and such notices shall be effective upon delivery. Phenakite may also provide notices to you through the Service or by other reasonable means.
These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Phenakite with respect to the Service and supersede all prior or contemporaneous agreements, communications, and understandings, whether written or oral, regarding such subject matter. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.