Terms of Service

Last Updated: September 2026

Welcome to phenakite.info. These Terms of Service ("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 related software applications, services, tools, features, and functionalities provided by Phenakite (collectively, the "Service" or "Services"). By accessing, browsing, registering for, or otherwise using the Service, 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 not access or use the Service.

These Terms apply to all users of the Service, including without limitation browsers, vendors, customers, merchants, and contributors of content. You represent and warrant that you are at least eighteen (18) years of age (or the age of legal majority in your jurisdiction of residence) and have the legal capacity to enter into a binding agreement. If you are accessing or using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, in which case the terms "you" and "your" shall refer to both you and that entity. We may modify these Terms from time to time in accordance with the Service Modifications section below.

These Terms should be read in conjunction with our Privacy Policy and Cookie Policy, which are incorporated herein by reference. The Privacy Policy describes how we collect, use, disclose, and protect your personal information in accordance with applicable state privacy laws, including the California Consumer Privacy Act as amended by the California Privacy Rights Act (CCPA/CPRA). The Cookie Policy explains how we use cookies and similar tracking technologies and how you may exercise your right to opt out of the sale or sharing of your personal information as provided under CCPA/CPRA.

1. Service Description

phenakite.info is a cloud-based software-as-a-service (SaaS) platform that provides users with access to proprietary software tools, applications, and related services. The Service is designed to enable users to create, manage, store, and collaborate on digital content, data, and workflows through a web-based interface. The specific features, functionality, and scope of the Service may vary depending on the subscription plan or tier selected by the user and may be updated, expanded, or modified by Phenakite at its sole discretion.

The Service is provided on a hosted basis, meaning that the software is accessed remotely via the internet rather than installed on the user's local device. Phenakite is responsible for maintaining the hosting infrastructure, performing updates and maintenance, and ensuring the general availability of the Service, subject to the terms of any applicable service level agreement (SLA) that may be provided with specific subscription plans. We do not guarantee that the Service will be uninterrupted, error-free, or completely secure, and we disclaim any warranties to the contrary as set forth in the Limitation of Liability section below.

The Service may include features that allow users to upload, submit, transmit, or store data, documents, media, and other materials. Users are solely responsible for the accuracy, quality, integrity, and legality of all data and content submitted to the Service. Phenakite does not own, control, or take responsibility for user-submitted content except as expressly set forth in these Terms. We may offer customer support, training, and onboarding services as part of certain subscription plans, and the availability and scope of such support services shall be as described in the applicable plan documentation.

The Service is intended for business and commercial use. Certain features may not be available in all jurisdictions, and we reserve the right to restrict or deny access to the Service from any location where its provision would violate applicable law or regulatory requirements. By using the Service, you represent and warrant that your use of the Service complies with all applicable federal, state, and local laws and regulations.

2. User Accounts

To access certain features of the Service, you will be required to register for an account by providing accurate, current, and complete information, including your name, email address, company name (if applicable), and other identifying details as requested during the registration process. You are responsible for maintaining the accuracy of your account information and for promptly updating it if any information changes. Failure to provide accurate information may result in the suspension or termination of your account.

You are solely responsible for safeguarding your account credentials, including your username, password, and any authentication tokens or keys. You agree not to share your account credentials with any third party and to notify Phenakite immediately if you become aware of any unauthorized access to or use of your account. Phenakite shall not be liable for any loss or damage arising from your failure to protect your account credentials or from any unauthorized use of your account, whether or not you were aware of such unauthorized use.

Each user account is intended for use by a single individual or entity. You may not create an account on behalf of another person or entity without their express authorization, and you may not use another person's account without their permission. We reserve the right to suspend or terminate any account that we believe, in our sole discretion, has been created or used in violation of these Terms or applicable law. We also reserve the right to refuse registration, suspend or terminate accounts, and remove or block access to the Service at any time, for any reason, including if we believe that your conduct or content violates these Terms or is harmful to other users, us, or third parties.

If your account is associated with an organization or employer, the primary account holder or administrator designated by your organization may have access to and control over your account, including the ability to view, modify, or terminate your access. You should review your organization's policies regarding account usage and data ownership. Phenakite is not responsible for any disputes between you and your organization regarding account access or data ownership.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit any other person from using or enjoying the Service. Acceptable use includes complying with all applicable laws, regulations, and third-party agreements, respecting intellectual property rights, maintaining the security and integrity of the Service, and conducting yourself in a professional and respectful manner when interacting with other users or Phenakite personnel.

You are responsible for all activity that occurs under your account, whether or not you authorized such activity. You agree to use the Service in compliance 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.

You agree not to interfere with or disrupt the Service, including by attempting to gain unauthorized access to the Service, its servers, or any connected networks; introducing viruses, malware, or other malicious code; overloading or crashing the Service through excessive requests; or using any automated means, including bots, scrapers, or spiders, to access or collect data from the Service except as expressly permitted by Phenakite. You also agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service or any underlying software, except to the extent that such restrictions are prohibited by applicable law.

Users are expected to use the Service in a manner that is consistent with its intended purpose and design. This includes using reasonable security measures to protect any data stored in or transmitted through the Service, such as using strong passwords, enabling multi-factor authentication where available, and promptly reporting any suspected security vulnerabilities to Phenakite. Failure to comply with this Acceptable Use Policy may result in account suspension, termination, and legal action as permitted by law.

4. Prohibited Activities

The following activities are strictly prohibited while using the Service. Engaging in any of these activities may result in immediate suspension or termination of your account, as well as potential civil or criminal liability:

  • Using the Service to violate any applicable federal, state, local, or international law or regulation, including laws governing data privacy, intellectual property, consumer protection, and financial transactions;
  • Infringing upon or misappropriating the intellectual property rights, privacy, or other proprietary rights of any third party, including by uploading, posting, or transmitting content that you do not have the right to use;
  • Distributing spam, unsolicited commercial communications, or any other form of unauthorized or deceptive messaging through the Service;
  • Engaging in fraudulent, deceptive, or misleading activities, including phishing, identity theft, or the submission of false or misleading information;
  • Harassing, defaming, threatening, or intimidating any other user of the Service or any Phenakite employee, contractor, or representative;
  • Uploading, posting, or transmitting any content that contains viruses, trojan horses, worms, or any other malicious or harmful code;
  • Attempting to circumvent or disable any security, authentication, or access control measures of the Service;
  • Using the Service to store or transmit any content that is illegal, obscene, defamatory, hateful, or otherwise objectionable under applicable law;
  • Reselling, sublicensing, or redistributing access to the Service without the express written consent of Phenakite;
  • Using the Service to develop, train, or improve any competing software or service without our prior written authorization.

Phenakite reserves the right to investigate suspected violations of these prohibitions and to take appropriate action, including removing prohibited content, suspending or terminating accounts, and reporting violations to law enforcement authorities. We may cooperate with law enforcement and regulatory agencies in connection with investigations of suspected violations of law. We are not obligated to monitor user activity or content but may do so at our discretion.

If you become aware of any prohibited activity or content on the Service, you are encouraged to report it to [email protected]. All reports will be reviewed and addressed as appropriate. Phenakite reserves the right to determine, in its sole discretion, whether any activity or content violates these Terms and what action, if any, to take in response.

5. Content Ownership

The Service, including all software, source code, interfaces, designs, graphics, text, logos, and other content provided by Phenakite (excluding user-generated content), is owned by Phenakite or its licensors and is protected by United States and international intellectual property laws, including copyright, trademark, and patent laws. No title or ownership interest in the Service or any component thereof is transferred to you under these Terms.

Phenakite grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for the duration of your active subscription, solely for your internal business purposes and in accordance with these Terms. This license is subject to your continued compliance with all terms and conditions of this Agreement. Any rights not expressly granted to you herein are reserved by Phenakite and its licensors.

All trademarks, service marks, logos, trade names, and brand identifiers associated with phenakite.info and Phenakite are the exclusive property of Phenakite or its affiliates. You may not use, copy, display, or otherwise exploit any of these marks without the prior written consent of Phenakite. Any unauthorized use of our trademarks may result in legal action.

You acknowledge that Phenakite may use aggregated, anonymized, and de-identified data derived from your use of the Service for purposes of improving the Service, developing new features, conducting analytics, and other legitimate business purposes. Such aggregated data shall not personally identify you or any individual user and shall be the sole property of Phenakite.

6. User-Generated Content

The Service may allow users to upload, create, submit, store, transmit, or otherwise make available content, including documents, data, text, images, audio, video, and other materials ("User Content"). You retain all ownership rights in your User Content. By submitting User Content to the Service, you grant Phenakite a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, use, copy, modify, adapt, publish, translate, process, and distribute your User Content solely for the purpose of operating, providing, improving, and securing the Service.

You represent and warrant that you own or have the necessary rights, licenses, and permissions to submit your User Content to the Service and to grant the foregoing license to Phenakite. You further represent and warrant that your User Content does not and will not violate these Terms, any applicable law, or the rights of any third party, including intellectual property rights, privacy rights, and contractual rights. You are solely responsible for your User Content and for any consequences arising from its submission to the Service.

Phenakite does not claim ownership of your User Content and does not review, pre-screen, or monitor User Content as a matter of course. However, we reserve the right to access, review, and remove User Content at any time, without prior notice, if we believe in our sole discretion that such content violates these Terms, applicable law, or the rights of third parties, or if otherwise required by law or legal process. We may also disclose User Content to law enforcement or government officials in response to a valid subpoena, court order, or other lawful request.

You agree to indemnify and hold harmless Phenakite and its affiliates, officers, directors, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your User Content or your violation of these Terms. This indemnification obligation survives the termination of your account and these Terms.

7. Payment Terms

Access to certain features of the Service requires a paid subscription. Subscription fees, billing cycles, and plan details are displayed on the Service or in separate order forms and are subject to change upon reasonable notice. By selecting a paid subscription, you agree to pay all applicable fees as described in your selected plan. All fees are quoted in U.S. dollars and are exclusive of applicable taxes, which you are responsible for paying unless you provide a valid tax exemption certificate.

Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your selected plan) and are automatically charged to the payment method you provide at the time of subscription. You authorize Phenakite to charge your designated payment method for all recurring fees until you cancel your subscription. If your payment method fails or is declined, we may suspend your access to the Service until payment is successfully processed. You may update your payment method at any time through your account settings.

All fees are non-refundable except as expressly provided in these Terms or required by applicable law. If you cancel your subscription, the cancellation will take effect at the end of your current billing cycle, and you will retain access to the Service until that time. We do not provide refunds or credits for partial billing periods. If you upgrade or downgrade your subscription plan, any prorated adjustments will be reflected on your next invoice.

Phenakite may offer promotional pricing, discounts, or free trials from time to time. Promotional offers are subject to specific terms and conditions and may be modified or withdrawn at any time. Free trials, if offered, are limited to one per user or organization and automatically convert to a paid subscription at the end of the trial period unless you cancel before the trial expires. We reserve the right to modify our fees and pricing at any time upon reasonable notice. Any fee changes will take effect at the beginning of your next billing cycle following the notice.

8. Service Modifications

Phenakite is committed to continuously improving the Service and reserves the right to modify, update, enhance, suspend, or discontinue any feature, functionality, or component of the Service at any time, with or without notice. We may also impose limits on certain features or restrict access to parts of the Service based on your subscription plan, usage patterns, or technical requirements. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

We may update or revise these Terms from time to time to reflect changes in the Service, applicable law, or our business practices. When we make material changes to these Terms, we will post the updated Terms on the Service and update the "Last Updated" date at the top of this page. We may also provide additional notice of material changes via email or in-product notification. Your continued use of the Service after the effective date of any revised Terms constitutes your acceptance of the updated Terms.

If you do not agree with any changes to these Terms or the Service, you may cancel your subscription and stop using the Service at any time. If we make a material change to these Terms that is detrimental to you, and you do not agree to the change, you may be entitled to cancel your subscription and receive a pro-rated refund of any prepaid fees for the remaining portion of your billing cycle, provided that you notify us in writing within thirty (30) days of the effective date of the change.

Phenakite will use commercially reasonable efforts to provide advance notice of any planned service interruptions or significant changes that may affect your use of the Service. However, we are not obligated to provide notice for routine maintenance, bug fixes, security updates, or minor enhancements. We are not responsible for any loss or damage arising from service modifications, interruptions, or discontinuances.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND Phenakite DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, 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 THAT ANY DEFECTS WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Phenakite, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Phenakite HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF Phenakite AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, 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). THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion or limitation of certain damages or warranties, 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. You acknowledge that the limitations of liability set forth in this section are an essential basis of the bargain between the parties and that, absent such limitations, the fees charged for the Service would be substantially higher.

10. Termination

You may cancel your account and terminate these Terms at any time by discontinuing your use of the Service and, if applicable, canceling your subscription through your account settings or by contacting us at [email protected]. Upon cancellation, your access to the Service will cease at the end of your current billing cycle, and no further fees will be charged except for amounts already accrued and unpaid.

Phenakite may suspend or terminate your account and access to the Service at any time, with or without cause and with or without notice, if we believe in our sole discretion that you have violated these Terms, applicable law, or the rights of third parties, or if your use of the Service poses a risk to the security, integrity, or availability of the Service or the rights of other users. We may also terminate or suspend your account if you become insolvent, file for bankruptcy, or cease doing business.

Upon termination of your account for any reason, all licenses granted to you under these Terms shall immediately cease. You are responsible for exporting or backing up your User Content before termination, as Phenakite may delete or render inaccessible all User Content associated with your account within a reasonable period following termination. We are not obligated to retain or provide access to your User Content after termination.

The following provisions shall survive termination of these Terms: Content Ownership, User-Generated Content (including the license and indemnification obligations), Payment Terms (for fees accrued prior to termination), Limitation of Liability, Termination, and any other provisions that by their nature are intended to survive. Termination of these Terms does not affect any rights or remedies that have accrued prior to termination.

11. 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, including requests to exercise your rights under the CCPA/CPRA or other applicable state privacy laws, please contact us at [email protected] or refer to our Privacy Policy for additional information. For inquiries regarding our use of cookies and your right to opt out of the sale or sharing of your personal information, please refer to 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 the address listed above. You agree that electronic communications satisfy any legal requirement that communications be in writing.

These Terms are governed by and construed in accordance with the laws of the applicable U.S. state, without regard to its conflict of law principles. You and Phenakite agree to submit to the exclusive jurisdiction of the state and federal courts located in the applicable jurisdiction for the resolution of any disputes arising out of or related to these Terms or the Service. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.