These Terms of Service govern your use of PHOST. By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use PHOST.
PHOST ("we," "us," or "our") is an AI-powered social media content engine operated at phost.ai. PHOST enables users to generate, schedule, and publish branded social media content across multiple platforms using artificial intelligence.
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PHOST regarding your access to and use of the PHOST platform, website, APIs, and all related services (collectively, the "Service").
To use PHOST, you must:
You are responsible for all activity that occurs under your account. PHOST accounts are for individual use unless otherwise agreed in writing. You may not share account credentials, sell, transfer, or sublicense your account.
We reserve the right to refuse service, suspend, or terminate accounts at our sole discretion, including for violation of these Terms.
PHOST offers the following subscription plans, billed monthly:
Free Trial. All paid plans include a 7-day free trial. A valid credit card is required to start the trial. You will not be charged during the trial period. If you do not cancel before the trial ends, your credit card will be automatically charged the applicable monthly fee on the day the trial expires.
Billing. Subscriptions are billed monthly in advance. All fees are in USD. Prices are subject to change with 30 days' notice.
No Refunds. All fees are non-refundable except as required by applicable law. If you cancel your subscription, you will retain access to paid features through the end of the current billing period. No prorated refunds are issued for partial months.
Failed Payments. If a payment fails, we may suspend your access to the Service until payment is resolved. We reserve the right to terminate accounts with persistent failed payments.
Cancellation. You may cancel your subscription at any time via the billing portal in your account settings. Cancellation takes effect at the end of the current billing period.
You agree not to use PHOST to:
We reserve the right to immediately terminate accounts that violate these provisions without notice or refund.
You are solely and entirely responsible for all content you review, approve, edit, and publish using PHOST. AI-generated content is provided as a starting point only. PHOST makes no guarantee regarding the accuracy, truthfulness, originality, legality, or suitability of any AI-generated content for any purpose.
PHOST uses large language models (including Anthropic's Claude) to generate social media content based on your brand inputs. By using the Service, you acknowledge and agree that:
PHOST provides no warranty, expressed or implied, regarding the suitability of generated content for any particular commercial purpose.
Your Content. You retain all ownership rights to the brand information, logos, guidelines, and other materials you upload to PHOST ("Your Content"). By uploading Your Content, you grant PHOST a limited, non-exclusive, royalty-free license to use, process, and display Your Content solely for the purpose of providing the Service to you.
Generated Content. Subject to these Terms and your active subscription, PHOST assigns to you all rights, title, and interest in content generated by the Service based on your inputs, to the extent such assignment is legally permissible. You agree not to claim that PHOST-generated content was written solely by a human where such a claim would be materially deceptive.
PHOST IP. The PHOST platform, software, design, branding, and all related intellectual property are owned by PHOST and protected by applicable intellectual property laws. Nothing in these Terms grants you any rights in PHOST's intellectual property except as expressly stated.
Feedback. Any feedback, suggestions, or ideas you provide to PHOST may be used by us without restriction, attribution, or compensation to you.
Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using PHOST, you consent to the collection, use, and sharing of your information as described in the Privacy Policy.
You represent and warrant that any personal data you provide about third parties (such as audience descriptions or customer data) has been collected and processed in accordance with applicable privacy laws, and that you have obtained all necessary consents.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOST EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
PHOST does not warrant that:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHOST'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO PHOST IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR (B) $100 USD.
IN NO EVENT SHALL PHOST BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
These limitations apply regardless of the theory of liability (contract, tort, strict liability, or otherwise) and even if PHOST has been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability; in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend, and hold harmless PHOST, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to:
Either party may terminate these Terms at any time.
Termination by You. You may terminate your account by cancelling your subscription via the billing portal and ceasing use of the Service. Your data will be retained for 30 days following cancellation and then deleted, subject to our data retention obligations.
Termination by PHOST. We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service ceases immediately.
Effect of Termination. Sections 05, 06, 08, 09, 10, 12, and 14 shall survive termination of these Terms.
Most disputes can be resolved by contacting us at support@phost.ai. We encourage you to reach out before initiating any formal proceedings.
Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.
Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be settled by binding individual arbitration administered under the rules of the American Arbitration Association (AAA). The arbitration shall take place in Texas, or remotely if agreed. The arbitrator's decision shall be final and binding.
Class Action Waiver. YOU AND PHOST EACH WAIVE THE RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. All claims must be brought in your individual capacity and not as a plaintiff or class member in any class or representative proceeding.
Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
Time Limitation. Any claim arising from or relating to these Terms must be brought within one (1) year of the event giving rise to the claim, or it is permanently barred.
We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email (to the address associated with your account) and/or by posting a notice on the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.
If you do not agree to the revised Terms, you must cancel your subscription and cease using the Service before the effective date.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire agreement between you and PHOST regarding the Service and supersede all prior or contemporaneous communications and proposals.
Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions shall remain in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
Force Majeure. PHOST shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, internet outages, or third-party service failures.
No Agency. Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and PHOST.
If you have any questions about these Terms, please contact us:
Email: support@phost.ai
Website: phost.ai