Terms of Service
This is the v1 of our terms. They cover what you can expect from us, what we expect from you, and what happens if either of us slips up. A counsel-reviewed long-form version will replace this before public launch. For now, if anything is unclear write to legal@phivate.com.
1. Definitions
PhiVate means APM Lanka Trading PVT LTD, EBISSYS PTY LTD, or AL APM Trading FZC, depending on which entity is contracting with you. Service means PhiVate AI Studio and any associated managed-tier engagement. Customer means the legal entity subscribing to the Service. Authorised User means an individual permitted by the Customer to access the Service.
2. The service
AI Studio is a strategy-first marketing platform: brand intelligence capture, strategy generation, content production, and engagement workflows across nineteen modules. Specific features and credit allowances are described on the pricing page in effect when you subscribe.
3. Eligibility
You must be at least 18, authorised to bind the Customer, and not subject to sanctions or trade restrictions that would make providing the Service unlawful. AI Studio is a business tool; you may not use it for personal, family, or household purposes.
4. Account
You are responsible for keeping credentials secure, for what your Authorised Users do, and for the accuracy of the information you provide. Notify us promptly of any unauthorised access.
5. Trial
The seven-day trial gives full module access and a starter credit allowance. No card is required. If you do not subscribe by the end of the trial, your workspace becomes read-only for thirty days — ample time to export — and is then deleted.
6. Subscription, billing, refunds
Plans bill monthly in advance in the currency selected at checkout. Move up or down any month; no proration games. Credits roll over for sixty days. Refunds are not offered for unused time on a paid month, but cancellation prevents the next charge. Taxes are added where applicable.
7. Acceptable use
Your use of AI Studio is governed by our Acceptable Use Policy, which lists prohibited content, restricted industries, and compliance you must enforce yourself. The AUP is incorporated by reference into these Terms and updates from time to time. Material breaches result in suspension or termination per Section 12.
Read the full AUP at /aup.
8. Your content, your rights
You retain ownership of every input you upload and every output the Service generates on your behalf. We claim no rights in your brand DNA, generated content, performance data, or customer records. On exit, we provide a clean export and delete the originals.
9. AI outputs
Outputs are generated by large language models and design APIs. They are useful, opinionated, and occasionally wrong. They are not legal, financial, medical, or compliance advice. They reflect statistical patterns, not verified fact.
You must review every output before using it externally.
10. Confidentiality
Each side will protect the other’s non-public information using the same care it uses for its own confidential information, and never less than reasonable care. Brand intelligence inputs are treated as your confidential information.
11. Service levels
Target uptime is 99.5% measured monthly, excluding scheduled maintenance announced in advance and force-majeure events. Material outages credit pro-rated against the affected month on request.
12. Warranties & disclaimers
We warrant that the Service will materially conform to its documentation. Beyond that, the Service is provided “as is” to the maximum extent permitted by law. We do not warrant that outputs will be error-free, fit for a specific commercial purpose, or compliant with every regulation in every market — that is what your review obligation in Section 9 is for.
13. Liability cap
Aggregate liability under these terms is capped at the fees the Customer paid us in the twelve months preceding the claim. Neither side is liable for indirect, consequential, special, or punitive damages, or for lost profits, lost revenue, or lost goodwill. Caps do not apply to fraud, gross negligence, or breaches of confidentiality.
14. Termination
Either side may terminate for convenience with thirty days’ notice, or immediately for material breach not cured within thirty days of written notice. On termination, you may export your data within sixty days, after which we delete it per Section 5 of the Privacy Policy.
15. Governing law & contact
Each contracting entity governs disputes by the law of its principal place of business: Victoria for EBISSYS PTY LTD, Sri Lanka for APM Lanka Trading PVT LTD, the UAE for AL APM Trading FZC. Where multiple entities are involved, the contracting entity named on your invoice controls. Questions: legal@phivate.com.