Terms of Service
Last Updated: January 13, 2025
1. Acceptance of Terms
Welcome to Phuzn! These Terms of Service ("Terms") govern your access to and use of Phuzn's mobile application, website, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.
If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any changes.
2. Eligibility
You must be at least 13 years old to use Phuzn. If you are under 18, you represent that you have your parent or guardian's permission to use the Service. By using the Service, you represent and warrant that:
- You meet the age requirements stated above
- You have the legal capacity to enter into these Terms
- You will comply with these Terms and all applicable laws
- You have not been previously banned from the Service
3. User Accounts
3.1 Account Creation
To use certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
3.3 Account Termination
We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including violation of these Terms.
4. User Content
4.1 Your Content
You retain ownership of all content you create, upload, or share on Phuzn ("User Content"). By posting User Content, you grant Phuzn a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service.
4.2 Content Standards
You agree not to post User Content that:
- Violates any law or regulation
- Infringes on intellectual property rights of others
- Contains hate speech, harassment, or bullying
- Promotes violence, illegal activities, or self-harm
- Contains sexually explicit or pornographic material
- Includes spam, malware, or deceptive content
- Impersonates another person or entity
- Violates the privacy of others
4.3 Content Moderation
We reserve the right to remove, edit, or restrict access to any User Content that violates these Terms or that we deem inappropriate, without prior notice.
5. Phuse Feature
Phuzn's signature "Phuse" feature allows users to chain videos together collaboratively. By using the Phuse feature:
- You grant other users permission to incorporate your videos into their Phuses
- You acknowledge that Phused content may be shared, remixed, and distributed
- You retain the right to remove your content from future Phuses, but existing Phuses may remain
- You agree not to Phuse content that you do not have rights to use
6. Intellectual Property
The Service and its original content (excluding User Content), features, and functionality are owned by Phuzn and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.
Our trademarks, logos, and service marks ("Marks") may not be used without our prior written consent. All other trademarks appearing on the Service are the property of their respective owners.
7. Prohibited Conduct
You agree not to:
- Use the Service for any illegal purpose or in violation of any laws
- Attempt to gain unauthorized access to the Service or other users' accounts
- Interfere with or disrupt the Service or servers
- Use bots, scripts, or automated tools to access the Service
- Collect or harvest information about other users without consent
- Engage in any form of spam or unsolicited advertising
- Reverse engineer, decompile, or disassemble any part of the Service
- Create derivative works based on the Service
8. Copyright Policy
We respect intellectual property rights and expect our users to do the same. We will respond to valid notices of copyright infringement in accordance with the Digital Millennium Copyright Act (DMCA).
If you believe your work has been copied in a way that constitutes copyright infringement, please contact us at copyright@phuzn.com with detailed information.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Service will be uninterrupted, secure, or error-free, or that any defects will be corrected. You use the Service at your own risk.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHUZN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.
Our total liability to you for all claims arising from or relating to the Service shall not exceed the greater of $100 or the amount you paid us in the past 12 months.
11. Indemnification
You agree to indemnify, defend, and hold harmless Phuzn and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.
12. Dispute Resolution
12.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
12.2 Arbitration
Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that you may assert claims in small claims court if they qualify.
12.3 Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the dispute between you and Phuzn individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.
13. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms.
Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, and limitations of liability.
14. Changes to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
15. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and Phuzn
- Severability: If any provision is found unenforceable, the remaining provisions will remain in effect
- Waiver: No waiver of any term shall be deemed a further or continuing waiver
- Assignment: You may not assign these Terms without our consent; we may assign them freely
- Force Majeure: We are not liable for delays or failures due to circumstances beyond our control
16. Contact Information
If you have any questions about these Terms, please contact us:
- Email: legal@phuzn.com
- Email: support@phuzn.com
- Address: Phuzn Inc., 123 Creator Street, San Francisco, CA 94102