Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) govern your use of PocketPhantom: the website and web app at pocketphantom.com, and the account and subscription services behind them (together, the “Service”), operated by PocketPhantom (“PocketPhantom”, “we”, “us”). By creating an account, subscribing or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. You must be 18 or older to use PocketPhantom, and old enough to make a binding contract where you live; you confirm this when you sign up. If you use the Service for a company, you confirm that you may bind it.

2. What the service is

PocketPhantom is an AI assistant you use in your browser at pocketphantom.com. There is no desktop app. It has these parts:

• The web app at pocketphantom.com: a chat with an AI model, projects (chats with standing instructions), scheduled tasks, and plugins. It runs in your browser and on our servers; it cannot reach your computer.
• Your account, which owns your subscription, your chats, your projects, your scheduled tasks and the pictures you have made.
• The included AI: AI models from providers (today Anthropic, OpenAI and, for the uncensored models, an AI provider in the USA) that we make available inside every plan. There is nothing to set up and no key of your own to bring. The docs list every model.

Some parts are marked in the app and the docs as on the way (for example connections to other services and the phone app). They are not part of the Service until they are released.

3. Your account

An account is an email address. You sign in with a password, or with Google or Apple where offered; two-step verification, a code we send to that address when you log in from a new browser, is optional. You are responsible for keeping your password, your inbox and your devices secure and for everything done under your account. One account is for one person; a team plan gives each member their own seat. Give us an email you actually read: two-step codes, invoices and notices go there. You may delete your account yourself at any time under Settings › Account. We confirm it with a code sent to that address, and the account is deleted 30 days later; signing in before then cancels the deletion. After that its content is deleted permanently, as described in the Privacy Policy, subject to the retention we must keep. An account with a paid subscription still running can be deleted once the subscription has ended.

4. Your subscription

While your account is open, on the Free plan or a paid plan, we grant you a personal, non-exclusive, non-transferable, revocable right to use the Service for your own use, from any browser you sign in on. The Free plan costs nothing and has the limits shown on the pricing page; we may change or end it with notice in the app, and these Terms apply to it except the parts on payment. A paid subscription is tied to your account. We may apply a reasonable fair-use limit on how many sessions are active at the same moment. PocketPhantom, the website and all software, design and other materials remain our property or that of our licensors; nothing here transfers any intellectual-property rights to you beyond this right of use. You may not resell, sublicense, share, rent or distribute your account or the Service, nor circumvent the sign-in or metering.

5. The included AI

Each paid plan includes a monthly allowance of AI use (the “included AI”), sized as shown on the pricing page; the Free plan includes a small number of messages a day instead. Everything you ask the AI to do draws on it: chats and scheduled tasks; bigger models and higher effort draw more. Your prompts, the files you attach, and any standing instructions you have saved are sent to our servers, relayed to the provider of the model you use on our own account, and the answer is sent back. We meter each request and debit your allowance. When the allowance is used up, the AI pauses until the next monthly refill, or until you move to a bigger plan. The Privacy Policy describes the providers and says what we keep.

Answers, pictures, analyses and memory notes are made by AI. They can be wrong, incomplete, out of date or offensive, and they can sound more certain than they are. They are not medical, legal, tax, financial or other professional advice. Check anything important yourself before you rely on it.

6. Markets and trading

PocketPhantom gives you information and tools: charts and, where offered, analyses, backtests and checks of rules you give it. None of this is investment, financial, tax or legal advice, and none of it is a recommendation to buy, sell or hold anything. We do not assess whether anything suits you. We are not a bank, broker, investment adviser or crypto-asset service provider, and we are not authorised or registered by FINMA, any EU authority, the FCA, the SEC or the CFTC. We connect to no broker and place no trades. A backtest shows how rules would have done in the past, not how they will do. Your decisions and their risks are yours; you can lose all the money you trade. Some market features may not be offered in your country, and you must not use them where that is unlawful.

Market data

Prices, charts and indicators come from third parties and are provided as they are. They may be delayed, incomplete, wrong or missing, even when marked Live. Use them for information only, not as the basis for a trade. Within section 14 and mandatory law, we are not liable for losses caused by the accuracy, timing or availability of market data.

Charts and links from others

Charts marked TradingView are provided by TradingView, Inc. and load from its site only once you agree, for one chart or for every chart until you switch that off in Settings; its own terms and privacy policy apply. Links to exchanges and other sites are there for convenience. We do not control those sites.

Use of charts and site content

Charts, market data and the other content we or our providers publish on the website and in the Service are for your own use. You must not use any part of it for commercial purposes, or copy, scrape, resell or pass it on, without first getting the licence you need from us and from the chart or data provider. This does not limit your use of your own content or of what the AI makes for you: its answers, pictures, charts, diagrams and code.

7. Scheduled tasks

You may set tasks to run by themselves at times you choose. A task set to run in chat runs on our servers, uses your included AI, and its result is stored on your account until you delete the task. You are responsible for the content of your tasks as if you had typed them yourself at the time they run. We may pause a task that fails repeatedly, that breaches these Terms, or that places an unreasonable load on the Service, and we will tell you in the task's result when we do.

8. Acceptable use

You agree not to use the Service:

• for any unlawful purpose or in violation of any applicable law or regulation;
• to infringe the rights of others, or to process content you have no right to process;
• to attempt to reverse engineer, tamper with, or disrupt the Service, its sign-in, metering or update systems;
• to share, resell or distribute your account, or to let anyone but you (or, on a team plan, the seat holder) use it;
• to generate or spread malware, spam, harassment, or content that is illegal where you or its recipient are;
• to deceive, cheat or gain an unfair advantage in breach of the rules of an employer, platform, institution or venue, or in any other way that violates a third party's rules or contractual terms;
• in a way that places an unreasonable load on the Service, for example by automating requests outside the features we provide.

9. Your responsibility

PocketPhantom is a general-purpose assistant. You are solely responsible for how, where and when you use it, for what you ask it to do, and for ensuring that your use complies with all applicable laws and with the rules and policies of any institution, employer, platform or service involved. We do not endorse or encourage any use that breaches such rules, and we accept no responsibility or liability for any consequences arising from your use, including disciplinary, professional, contractual or legal consequences. You use the Service at your own risk.

10. Subscription, billing & renewal

The Service is offered as a recurring subscription, billed in advance through our payment processor, Stripe. Plans are billed monthly or annually, alone or per seat for a team from two seats. An annual plan costs ten months' price and covers twelve months. It comes with the same monthly included AI as the monthly plan, refilled every month. Current prices in US dollars and the sizes of the included AI are shown on the pricing page; prices exclude any applicable taxes, which Stripe adds at checkout where they apply. Your subscription renews automatically at the end of each period, monthly or yearly as chosen, at the then-current price until you cancel. We may change prices or plan features; for existing subscribers, price changes take effect at the next renewal after we have given you reasonable advance notice.

A move to a bigger plan, or from monthly to annual billing on the same plan, applies immediately. For a bigger plan billed the same way, we charge at once the difference between the two plans' prices for the time left in your current billing period, and add the new plan's extra included AI for that same time. A switch from monthly to annual billing starts a new yearly period that day. We charge it at once, less the unused time left on your monthly plan. Your refill date stays the same. A move to a smaller plan, or from annual to monthly billing, applies at the end of the current billing period, even when the new plan is bigger. Until then you keep your current plan and its included AI, and you can undo the change. Nothing you have paid is refunded or credited for it.

11. Cancellation

You can cancel your subscription at any time. Logged in, you manage and cancel it in Settings › Billing. Without logging in, use the Manage subscription page, linked in the footer of the website. Cancellation stops future renewals; your access continues until the end of the period you have already paid for. See our Cancellation & Refund Policy for details.

12. No refunds

All payments are final. We do not offer refunds for any subscription period, in whole or in part, including for unused time after cancellation, unused included AI, or the price difference when you move to a smaller plan or to monthly billing. By subscribing to this digital service and starting to use it immediately, you expressly request that performance begin at once and acknowledge that you thereby lose any statutory right of withdrawal for the current period to the extent permitted by law. This does not affect mandatory statutory rights that cannot be excluded. Full details are in the Cancellation & Refund Policy.

13. No warranty

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy of AI output or market data, uninterrupted availability, or that a scheduled task runs at exactly the set time. Browser, network or AI-provider changes may affect functionality at any time. We may change which AI models are offered.

14. Limitation of liability

We are liable without limitation for damages caused by our intent or gross negligence, and for personal injury (death, bodily harm, or damage to health), as well as for any liability that cannot be limited or excluded under applicable law.

In all other cases, to the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or opportunities, arising from or related to your use of (or inability to use) the Service. To the extent we are otherwise found liable, our total aggregate liability is limited to the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, and mandatory consumer-protection provisions of your country of residence remain unaffected.

15. Suspension & termination for cause

We may suspend, limit, or terminate your access to the Service, or close your account, with immediate effect and without refund, if you materially breach these Terms or if there are reasonable grounds to believe that you:

• share, resell or distribute your account, or allow others to use your subscription;
• circumvent or attempt to circumvent the sign-in, metering or update mechanisms;
• use the Service for any unlawful, fraudulent or abusive purpose, or in a way that harms us, other users, our AI providers, or third parties;
• fail to pay amounts due, or initiate an unwarranted chargeback or payment dispute.

Where the breach is capable of being remedied and the circumstances reasonably allow, we will, where practicable, give you notice and an opportunity to cure before terminating. Termination does not relieve you of amounts already due, and the provisions of these Terms that by their nature should survive (including use restrictions, disclaimers, limitation of liability, and the final provisions) survive termination.

16. Changes to the Service and these Terms

We may modify, suspend, or discontinue parts of the Service, and may update these Terms from time to time. Material changes will be reflected by the “Last updated” date and, where appropriate, communicated to you by email or in the app. Continued use after changes take effect constitutes acceptance.

17. Final provisions

Severability

If any provision of these Terms is or becomes wholly or partly invalid or unenforceable, the remaining provisions remain in full effect. The invalid provision shall be replaced by a valid one that most closely reflects the original intent, and this does not affect any mandatory rights you have as a consumer.

Written form

Notices and amendments under these Terms should be made in a durable form. Correspondence through our support ticket system (including our email replies to the address you provide there) and email to your account address satisfies any written-form requirement.

Assignment

We may assign or transfer our rights and obligations under these Terms to a successor or affiliate, for example in connection with a merger, reorganisation, or sale of assets, provided this does not reduce your rights. You may not assign or transfer your rights or obligations, including your account or subscription, without our prior written consent.

18. Governing law & contact

These Terms are governed by the laws of Switzerland, excluding their conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for disputes is Zürich, Switzerland, to the extent permitted by law. Mandatory consumer-protection provisions of your country of residence remain unaffected, and nothing here deprives you of the protection of provisions that cannot be derogated from by agreement under the law that would otherwise apply.

The operator of the Service is PocketPhantom, based in Switzerland, not registered for VAT; see the legal notice. Questions? Open a support ticket.