Terms of Service

These Terms of Service (“Terms”) govern the use of the Phasi AI software-as-a-service platform (“Service”).

By requesting access to, ordering, or using the Service, the Customer agrees to these Terms.

1. Provider

The Service is provided by:

Yevgen Yeshchenko
Founder - SaaS Phasi AI
Im Egerten 7/1
74391 Erligheim
Germany
Phone: +49 1575 765 86 22
Email: sales@phasi.app

2. Scope and B2B Restriction

The Service is provided exclusively to business customers (B2B).

Consumers within the meaning of applicable consumer protection laws are expressly excluded from using the Service.

The Customer confirms that it is acting in the course of its commercial or professional activity.

3. Subject Matter of the Service

Phasi AI is a web-based software platform for managing product structures, projects, tasks, and workflows.

The Service is provided as an early access / beta offering.

Features, availability, functionality, plan composition, and pricing models may change at any time with future effect.

The Customer acknowledges that the Service may contain errors, incomplete features, or experimental functionality.

No guarantee is given that any specific feature, calculation logic, data structure, or visualization will remain available.

The Service is not intended for mission-critical, safety-critical, or production-critical use.

4. Account Creation and Access

Accounts are created manually by the Provider upon written request by the Customer (e.g. via email or website inquiry).

The Customer designates one administrator responsible for:

• user management,
• subscription changes,
• billing-relevant actions.

The Customer is fully responsible for all activities performed via its accounts, including actions performed by authorized users.

5. Plans, Orders, Invoices, and Payments

5.1 Plans and Pricing

Phasi AI currently offers standard plans such as Basis and Standard, as well as an Enterprise offering with individual commercial terms.

Current standard prices are published on the pricing section of the website and, unless explicitly stated otherwise, are exclusive of VAT.

Enterprise pricing is provided individually by quotation.

The Provider may update prices or plan scope with future effect. Updated prices do not apply retroactively to already invoiced billing periods.

5.2 Ordering Process

Orders are placed by inquiry via the website, by email, or by direct written agreement with the Provider.

An order becomes binding only once the Provider confirms the requested plan, billing period, and commercial scope in writing or by issuing an invoice.

5.3 Subscription Model

Paid plans are offered as subscription-based services.

Subscriptions:

• apply for the selected billing period (e.g. monthly or yearly),
• are invoiced in advance,
• are based on the selected plan and agreed scope (e.g. users, seats, projects, or other agreed units),
• renew for the next billing period unless cancelled in due time.

5.4 Payment Method

Payments are made by bank transfer against invoice, unless the parties expressly agree to another payment method in writing.

The Provider does not guarantee card-based self-service checkout.

The Customer is responsible for ensuring timely payment, correct remittance reference, and any bank fees on its side.

5.5 Due Date and Activation

Invoices are due in advance within the payment period stated on the invoice.

Unless otherwise stated on the invoice, invoices are due within 14 days from the invoice date.

The Provider may activate, continue, or renew access only after payment has been received, unless the parties expressly agree otherwise in writing.

5.6 Renewals and Late Payment

Renewal invoices are issued for the next billing period in advance.

If payment is not received by the due date, the Provider may suspend access, postpone renewal, or terminate the subscription.

In business-to-business transactions, statutory rights in case of late payment, including default interest and recovery costs, remain unaffected. citeturn869000search0turn869000search1

5.7 Changes to Plans or Quantities

Customers may request changes to:

• the subscribed plan,
• the quantity associated with a plan (e.g. number of users or agreed project scope).

Unless otherwise agreed in writing, such changes become effective only at the start of the next billing period.

No immediate refunds, credits, or prorated calculations are applied.

6. No Refunds / No Credits

All fees are non-refundable.

In particular, no refunds or credits are granted for:

• unused subscription periods,
• downgrades,
• quantity reductions,
• early termination,
• non-use of the Service,
• feature changes or removals.

The Customer acknowledges that:

• subscription fees are owed regardless of actual usage,
• the availability of a demo, trial phase, or pre-contract communication constitutes a sufficient evaluation opportunity.

7. Cancellation and Termination by Customer

The Customer may cancel a paid subscription only with effect at the end of the current billing period.

Cancellation:

• must be submitted in writing (email is sufficient),
• does not entitle the Customer to any refund,
• does not shorten the paid subscription term,
• does not suspend payment obligations already incurred.

Access to the Service remains available until the end of the paid period, unless access is suspended earlier for non-payment or breach of these Terms.

8. Termination and Suspension by Provider

The Provider may suspend or terminate access to the Service at any time, including but not limited to:

• non-payment,
• misuse,
• violation of these Terms,
• technical, operational, or business reasons.

In case of termination by the Provider, no refunds are owed, unless mandatory law explicitly requires otherwise.

Any suspension or termination of access does not affect the Customer’s payment obligations for the current billing period.

9. Customer Obligations

The Customer is solely responsible for:

• lawful use of the Service,
• compliance with applicable laws and regulations,
• accuracy, legality, and ownership of all data entered,
• maintaining independent backups of all data.

The Customer acknowledges that:

• no automated export or backup functionality is guaranteed,
• the Service is not intended as a primary data storage or backup system.

10. Data Loss and Availability Disclaimer

The Service is provided on a best-effort basis.

Despite reasonable technical measures, the following may occur:

• data loss,
• data corruption,
• service interruptions,
• temporary or permanent unavailability.

The Provider assumes no liability for data loss or business interruption.

11. No Service Level Agreement (No SLA)

No service levels, uptime guarantees, response times, or availability commitments are provided, unless expressly agreed in writing for an Enterprise engagement.

Maintenance, updates, changes, or interruptions may occur at any time without prior notice.

12. Intellectual Property

All intellectual property rights in the Service remain with the Provider.

The Customer receives a:

• non-exclusive,
• non-transferable,
• limited right to use the Service solely for internal business purposes.

13. Feedback

Any feedback, suggestions, or ideas provided by the Customer may be used by the Provider without restriction or compensation, including for product development and commercial use.

14. Limitation of Liability

The Provider shall be liable only in cases of intent and gross negligence. Liability for simple negligence is excluded to the extent permitted by law.

In any event, the Provider’s total aggregate liability shall be limited to the amount of fees actually paid by the Customer for the last billing month immediately preceding the event giving rise to the claim.

This limitation does not apply to mandatory liability under applicable law.

The Provider shall not be liable for:

• indirect or consequential damages,
• loss of profits,
• loss of business,
• data loss,
• business interruption.

15. Indemnification

The Customer shall indemnify and hold harmless the Provider from any claims arising from:

• unlawful use of the Service,
• violation of these Terms,
• infringement of third-party rights,
• data uploaded or processed by the Customer.

16. Data Protection

Data protection is governed by the Privacy Policy and the Data Processing Agreement (DPA).

Both documents form an integral part of these Terms.

17. Amendments

The Provider may amend these Terms at any time with future effect.

Continued use of the Service after changes become effective constitutes acceptance of the amended Terms.

18. Governing Law and Jurisdiction

These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules.

Place of jurisdiction is Germany.

19. Severability

If any provision of these Terms is invalid or unenforceable, the remaining provisions remain unaffected.