PHASIO TERMS OF SERVICE
Last Modified: February 19, 2024
1. Your Acceptance
Welcome to the Phasio Terms of Service. This is an agreement (“Agreement”) between Phasio PTE Ltd (“Phasio”) the owner and operator of the website phas.io, the Phasio applications and software, hardware, components, and any associated services offered (collectively the “Platform”) and you (“you”, “your”, or “User”) a user of the Platform.
PLEASE BE AWARE THAT THERE ARE CLASS ACTION, ARBITRATION, AND PAGA PROVISIONS CONTAINED IN THIS AGREEMENT.
Throughout this Agreement, the words “Phasio,” “us,” “we,” and “our,” refer to our company, Phasio, as is appropriate in the context of the use of the words.
By clicking “I agree”, subscribing to the Platform, or accessing or using the Platform you agree to be bound by this Agreement and the Privacy Policy. We may amend our Agreement or the Privacy Policy and may notify you when we do so. If you do not agree with any changes, please cease using our Platform immediately.
2. Providing Information
Users may access the Platform as permitted by us. Where required, Users must register on the Platform before accessing portions of the Platform. During registration, your information will be collected and disclosed in accordance with our Privacy Policy. You are required to provide truthful, up-to-date, and accurate information when registering for our Platform and you must be over the age of 18 to register and create an account. We reserve the right to verify all User credentials and to reject any users. Further we may request additional information or perform a background check prior to activating your account. We reserve the right to deny or restrict your account at our discretion. You are entirely responsible for maintaining the confidentiality of your password, account, and for any and all activities that occur under your account. You agree to notify Phasio immediately of any unauthorized use of your account or any other breach of security. Phasio will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. Each User is only entitled to one account and users may not share accounts with any third parties.
User represents and warrants that: (1) User shall use the Platform solely for User’s internal commercial purposes in accordance with this Agreement and the Phasio Subscription Agreement (the “Subscription Agreement”); (2) if User is a legal entity the person entering into this Agreement on behalf of User is duly authorized and has the power and authority to enter into this Agreement and bind User; (3) any User Content (defined below) shared with the Platform shall lawful, accurate, non-confidential, and up-to-date; (4) any User Content posted on the Platform by User does not violate any third party agreements; (5) where User collects information from third parties via the Platform User has posted a Privacy Policy that explains how any information is collected and used; and (6) User shall use the Platform only for legal and lawful purposes and agrees to abide by all laws of its local jurisdiction when using the Platform. User shall indemnify and hold Phasio harmless for a breach of any provisions of this section. Where you have violated this Agreement, we reserve the right to release your information to law enforcement in order to assist with any investigation at our discretion.
3. Platform Ownership
In accordance with this Agreement, we may provide you access to the Platform. Your access to the Platform does not entitle you to any ownership of the Platform. You merely receive a non-exclusive, limited, non-assignable, and fully revocable right to access the Platform at our discretion. Where you download any portion of our Platform, we grant you a non-exclusive, limited, non-assignable, and fully revocable license to download and use one such copy solely for your use in accordance with this Agreement. You acknowledge that the structure, organization, and code of the Platform, any hosted services, and all related software components are proprietary to Phasio and/or Phasio’s licensors and that Phasio and/or its licensors retains exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform, including all modifications, copies, enhancements, derivatives, and other software and materials developed hereunder by Phasio. You shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Phasio. All rights not expressly granted in this Agreement are reserved for us or our licensors.
You may only access the Platform as permitted by us and please be aware that we are not responsible for any User Content (defined below) encountered on the Platform. Please be aware that all portions of the Platform are offered on an “as is” basis and Phasio makes no representations or warranties regarding any portion of the Platform. Phasio reserves the right to modify, change, and/or discontinue any and all portions of the Platform at any time and may also remove or add features or functionality at its sole discretion. Phasio may remotely access the Platform including any associated hardware and may do so to assist you in resolving any Platform issues or as needed to maintain and monitor the Platform. Nothing in this Agreement obligates Phasio to make any previously available feature on the Platform available to you or offer any types of compatibility or versioning.
4. Underlying Technology
The Platform may collect information from you or your Authorized Users (defined below) when using the Platform. All such information generated shall be solely owned by Phasio. User agrees that User will not: (i) attempt to or permit any third party interfere with any Platform reporting features; or (ii) reverse engineer, attempt to re-identify or extract or recover any code or software used to generate such reporting. Phasio retains all right, title and interest in and to the Platform and reporting including but not limited to any Phasio underlying technology used to generate the reports, general techniques, methods, processes, routines, tools, concepts, inventions, patterns, algorithms, techniques and know-how developed previous to or during the provision of the services (collectively “Underlying Technology”) provided by Phasio to User under this Agreement via the Platform. Except where stated otherwise, anything developed or delivered by or on behalf of Phasio under this Agreement is owned exclusively by Phasio or its licensors including all Underlying Technology. The rights granted to Users do not convey any rights in the Platform, express or implied, or ownership in the Platform or any Phasio Underlying Technology. User shall not remove any proprietary, copyright, trademark, or service mark legend from any portion of any of the Platform, including any modifications, enhancements, derivatives, and other software and materials developed by Phasio.
5. Client Obligations
Where User is a “Client” as defined within the Subscription Agreement, Client shall ensure that all of Client’s authorized users (“Authorized User(s)”) abide by this Agreement and the Subscription Agreement at all times and shall fully indemnify Phasio for its Authorized User’s use of the Platform in accordance with the indemnification provisions set forth within this Agreement. Phasio reserves the right to terminate Client’s access including it Client’s Authorized User’s access to the Platform where Client or its Authorized Users have violated this Agreement or the Subscription Agreement.
Client is at all times responsible for: (a) assuring proper machine configurations when accessing the Platform via any Hardware; (b) monitoring and maintaining proper access controls and security for its Authorized Users; (c) ensuring that all Authorized Users abide by this Agreement, the Subscription Agreement, any third party licensing agreements, or other guidelines or instructions issued by Phasio; (d) complying with all reasonable instructions from Phasio regarding the Platform; (e) Client shall ensure that it has properly licensed all portions of the Platform including any Third Party Software required; and (f) restricting access to any third parties that are not authorized to access the Platform. Each Client and each of Client’s Authorized Users must also enter into this Agreement with Phasio prior their use or access to the Platform.
6. Authorized Users
Authorized Users may only access the Platform where permitted by a Client and us. Please be aware that Client is solely responsible for any interactions with any of its Authorized User’s use of the Platform and where any issues arise between any Client or Authorized User, Phasio shall not be a party to such issue. EACH USER AGREES TO HOLD PHASIO FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY USER’S ACCESS TO OR INTERACTIONS WITH THE PLATFORM. PHASIO IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY AUTHORIZED USER OR CLIENT, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY OTHER PARTY ENCOUNTERED ON THE PLATFORM INCLUDING ANY AUTHORIZED USER. Any agreements entered into between any Client and any party (including any Authorized User) are solely between the parties and Phasio is not a party to such agreements. Please be aware that any agreements entered into between an Authorized User and any Client may not abridge any contractual rights of Phasio as set forth within this Agreement or the Subscription Agreement.
7. Results Generated
Phasio is not responsible for any information or results generated via the Platform. User understands and agrees that all results generated by the Platform are dependent on the information contained in any User Content submitted by you and you are solely responsible for that information. THE USER AGREES TO HOLD PHASIO FREE FROM RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF YOUR USE OF THE PLATFORM OR RESULTS GENERATED. PHASIO WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE PLATFORM. Phasio does not warrant any results, guarantee, endorse, or recommend any portion of the Platform and use of the Platform is at your own risk.
8. Support
Support is provided for Clients subject to the Subscription Agreement. If you require support please contact us.
9. Privacy Policy
We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your submission of information to our Platform. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the Platform you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. User Content
A User’s ability to submit or transmit any information through the Platform, including but not limited to user information, business information, drawings, data or data sets, content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Phasio is not required to host, store, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content at our discretion. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant Phasio, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for any purpose is required by the Platform. Phasio has no liability to you for any User Content including all data, information, copy, images, URL names, and anything else submitted by you or any third parties using the Platform. Specifically, Phasio shall not be liable for any errors related to any User Content. We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you.
11. Information Found on the Platform
ALL PHASIO CONTENT FOUND ON THE PLATFORM IS FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Phasio does not endorse or warrant any Phasio content (“Phasio Content”), such as, encountered on the Platform including but not limited to any materials, recordings, manuals, documentation, or other information including any Underlying Technology. All Phasio Content is offered “as-is” and without warranty of any kind. Please be aware that Phasio Content may be inaccurate, untimely, or contain errors. You solely are responsible for your use of any Phasio Content and you agree to release us from any liability related to your use of any Phasio Content.
12. Use of the Platform
When using our Platform, you are responsible for your use of the Platform. You agree to the following:
• You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;
• You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
• You may not access our Platform in an attempt to build a similar or other competitive product;
• You may not use the Platform in an unlawful manner that violates the laws of your jurisdiction or the laws of the United States;
• You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
• You may not violate or infringe other people's intellectual property, privacy, or other contractual rights while using our Platform;
• You may not use the Platform in a manner that would cause liability or harm to Phasio;
• You may not interfere with or disrupt the Platform;
• You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing; and
• You agree that you will not hold Phasio responsible for your use of our Platform
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Platform may at our discretion, be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform and we may pursue any legal remedy available to us under applicable law. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but Phasio reserves the right to suspend or terminate any account at any time at our discretion.
13. Equipment and Connections
In order to access the Platform, you may be required to purchase “Equipment” such as a computer or other device. You are solely responsible for purchasing and properly connecting such Equipment to access the Platform. Some portions of the Platform may provide real time notifications through the internet or telecommunications systems (“Connection(s)”) you are solely responsible for purchasing and maintaining such Connections. Please be aware that standard data, calling, and message rates apply. Please consult your Connection provider for a full list of fees and charges. Phasio shall not be liable to you for any failure or issue related to any Connection or Equipment you may use to interact with the Platform.
14. User Account Holds
From time to time, Phasio may freeze or place a hold (“Hold”) on a User’s account. Some of the reasons that we may place a Hold on User’s account include but are not limited to the following: (1) if we have reason that User’s actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If User has questions about a Hold we may have placed on User’s account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend User’s access to the Platform while such Hold is in place.
15. Platform Availability
Although we strive to make the Platform generally available, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform may not always be either 100% reliable or available. Only users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
16. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We reserve the right to discontinue previously offered features or functionality at our sole discretion and without prior notice. We are not liable to you or to any third party for any modification, suspension, or discontinuance of any feature or component of any portion of the Platform. We reserve the right to determine the timing and content of software updates, which may be automatically downloaded and installed by the Platform without notice to you.
17. Third Party Content and Websites
Phasio does not endorse or warrant any Third Party Content including but not limited to any materials, results, information, or other data provided by a third party (collectively “Third Party Content”) and does not assume responsibility for any Third Party Content encountered whether through the Platform or otherwise. If you use or access any Third Party Content you do so at your own risk. If you require more information regarding any Third Party Content, please contact the owner of such Third Party Content. Further, Phasio assumes no liability for inaccuracies or misstatements made by such third parties responsible for such Third Party Content.
Through the Platform User use third party software to interact with the Platform - (collectively “Third Party Software”). Where a Third Party Software is made available through the Platform, Phasio does not warrant or endorse any such Third Party Software. User shall abide by all Third Party Software terms when using such license within the Platform. User uses any Third Party Software solely at their own risk. All such Third Party Software are controlled by third parties and such third parties are solely responsible for any claims or offerings made available through such Third Party Software. Phasio will not be responsible for any connectivity issues related to any Third Party Software and the Platform. User’s access to any Third Party Software are subject to the terms and conditions of the owner of such Third Party Software and User agrees that User’s use of the Platform shall not violate any terms or conditions of such Third Party Software. Where Phasio suspects or has discovered User’s violation of any Third Party Software, Phasio may immediately terminate User’s access or use of the Platform.
18. Idea Submission
Phasio or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works (“Submissions”) in any form to Phasio. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Phasio’ products might seem similar to ideas submitted to Phasio. Any Submissions, whether solicited or unsolicited, will be treated as follows: (1) Submissions and their contents will automatically become the property of Phasio, without any compensation to the submitter; (2) Phasio may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Phasio to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
19. Disclaimer
THE PLATFORM IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PHASIO, NOR ANY OF OUR EMPLOYEES, DIRECTORS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY ASSOCIATED SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM INCLUDING ANY CONFIDENTIALITY THEREOF; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. PHASIO DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. PHASIO DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. PHASIO DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PHASIO SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
20. Limitation of Liability
IN NO EVENT SHALL PHASIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PHASIO IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY PHASIO’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED, YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNTS YOU HAVE PAID IN THE PAST SIX (6) MONTHS TO USE OUR PLATFORM OR ONE HUNDRED UNITED STATES’ DOLLARS, WHICHEVER IS GREATER.
21. Indemnity
You agree to defend, indemnify and hold harmless Phasio, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of and access to the Phasio Platform;
• your violation of any term of this Agreement;
• your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the Phasio Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
22. Copyrights
Takedown Notice
We take copyright infringement very seriously. If you believe that any copyrighted material owned by you has been infringed upon by someone using our Platform, please send us a message which contains:
• Your name.
• The name of the party whose copyright has been infringed, if different from your name.
• The name and description of the work that is being infringed.
• The location on our Platform of the infringing copy.
• A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
• A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent:
Copyright Agent of Phasio, support@phas.io; or
Phasio PTE Ltd., 68 Circular Road #02-01, Singapore 049422
Counter Notice
In the event that you receive a notification from Phasio stating content posted by you has been subject to a DMCA takedown, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
• Your name, address, email and physical or electronic signature.
• The notification reference number (if applicable).
• Identification of the material and its location before it was removed.
• A statement under penalty of perjury that the material was removed by mistake or misidentification.
• Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your service provider is located (if you are not in the US).
• Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice to:
support@phas.io; or
Phasio PTE Ltd., 68 Circular Road #02-01, Singapore 049422
23. Choice of Law
This Agreement shall be governed by the laws in force in the state of California. The offer and acceptance of this contract is deemed to have occurred in California. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.
24. Disputes
This Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) shall be subject to arbitration as set forth.
Binding Arbitration
You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential binding arbitration. If there is a dispute about whether this arbitration provision can be enforced or applies to the Dispute, you and Phasio agree that the arbitrator will decide that issue. However, any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Arbitration under this Agreement is under the Federal Arbitration Act which governs the interpretation and enforcement of this provision. The arbitration will be administered by JAMS Arbitration in accordance with their Streamlined Arbitration Rules (the “Rules”) then in effect, found at https://www.jamsadr.com/. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. The location of the arbitration shall be in San Francisco, CA. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or such Dispute relates to the misuse of intellectual property or requires injunctive relief, you agree that any such actions shall be brought solely in a court of competent jurisdiction located within San Francisco County, CA.
You have the right to opt out of binding arbitration within thirty (30) days of the date You first accepted this Agreement by notifying us via mail at Phasio PTE Ltd., 68 Circular Road #-2-01 Singapore 049422. In order to be effective, the opt out notice must include your full name, any account information, and must clearly indicate your intent to opt out of binding arbitration. If you have decided to opt-out of Binding Arbitration, all Disputes shall be heard in a court of competent jurisdiction located within San Francisco County, CA.
25. Class Action and PAGA Waiver
You and Phasio agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
26. Severability
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Phasio are deemed to conflict with each other’s operation, Phasio shall have the sole right to elect which provision remains in force.
27. Non-Waiver
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
28. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Disclaimer, User Content, Access, Payment, Indemnification, Class Action, and Arbitration sections.
29. Entire Agreement and Notices
This Agreement along with the Subscription Agreement and Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Where this Agreement expressly and directly conflicts with the Privacy Policy, this Agreement shall control. Where this Agreement and Subscription Agreement expressly and directly conflicts the Subscription Agreement shall control. Any waiver, modification or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party. Any notices required under this Agreement shall be delivered to Phasio PTE Ltd., 68 Circular Road #-2-01 Singapore 049422, delivery confirmation required. Any notices to User shall be delivered either electronically via email or other notification method based on the information provided by User within User’s account.
30. Amendments
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform and please delete your account through your account page.
31. Electronic Communications
The communications between you and Phasio use electronic means, whether you visit the Platform or send Phasio e-mails, or whether Phasio posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Phasio in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Phasio provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
32. Platform Issues
If you have any questions, issues, or have trouble accessing or using the Platform, please contact us through the Platform by email at support@phas.io.
33. Termination
We may terminate this Agreement or your access to the Platform, if: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm Phasio, our business interests or a third party, at our discretion. In the event of account termination, we will strive to provide you with a timely explanation; however, we are not required to do so. Please be aware that upon termination of your account, access to all or portions of our Platform may become immediately disabled and any User Content stored on the Platform may become inaccessible or deleted and we shall have no liability to you in regards to any retention of your User Content.