Terms of Service

1. Agreement

These Terms are between you and Benaja Raphael Heger, operating Phantom from Haubenstrasse 32, 3672 Oberdiessbach, Switzerland (“Phantom”, “we”, “us”) for use of the Phantom service. When Link Managed Payments is offered, the Link entity identified at checkout or on your receipt is the seller and merchant of record for that paid transaction, as explained in section 5.

You accept these Terms by clicking the website’s Download button after being shown the linked legal notice, or through an affirmative acceptance at checkout. By clicking Download or checking the checkout acceptance control, you expressly confirm that you are at least 18 years old and legally able to enter this agreement. If you act for an organization, you also confirm that you can bind it. Creating an account or merely reading the website does not by itself accept a new version.

At acceptance, you also accept the separate EULA for the installed software and acknowledge that you were shown the Privacy Policy. Acknowledging the Privacy Policy does not turn it into a contract or provide blanket consent. Specific order terms and mandatory consumer law control if they conflict with these Terms.

2. Phantom and AI actions

Phantom is a macOS AI assistant. Depending on the feature and permission you use, it may process text, voice, on-demand Mac context, screenshots, Accessibility information, files, and information from connected services. Phantom does not continuously watch your screen or passively inventory running apps and windows. It obtains visual and app context when a submitted task needs it.

The in-app Action Policy provides three authority modes. Observe only allows explanations and visual annotations without changing your Mac. Limited local may open apps or links and scroll, while blocking clicks, typing, file access or changes, and connected-service actions. Autonomous allows actions without a per-action prompt within the capabilities and permissions you have granted. The policy does not override macOS permissions, connected-service authorization, these Terms, or technical safeguards.

AI responses and actions can be inaccurate, incomplete, outdated, biased, or unexpected. Review important output and check recipients, amounts, files, and irreversible actions before relying on them. Phantom is not professional medical, legal, financial, employment, credit, insurance, or safety advice and must not be the sole basis for a high-impact decision.

Grant only permissions you understand and need. Make sure you have authority to use every device, account, file, and item of data involved. Use suitable backups, approval processes, spending limits, and human review. A chosen policy or revoked permission does not undo an action already completed.

3. Accounts, content, and output

Keep your account and Mac secure, provide accurate information, and contact us if you suspect unauthorized use. Do not sell or transfer an account without permission.

You keep your rights in prompts, audio, files, screenshots, and other material you provide (“Your Content”). You license us and our service providers to host, transmit, reproduce, transform, and otherwise process Your Content only as needed to operate, secure, and support Phantom, comply with law, and handle claims, as described in the Privacy Policy. You confirm that you have the rights and lawful basis needed to provide it, including material or personal data relating to other people.

To the extent permitted by law, you may use generated output. Output may not be unique or protected by intellectual-property law. You are responsible for checking its accuracy, legality, confidentiality, attribution, and third-party rights.

4. Acceptable use

You may not use or help others use Phantom to:

• break the law or violate privacy, confidentiality, intellectual-property, sanctions, or other third-party rights;
• access a device, account, network, file, or service without permission, or bypass authentication or security;
• create malware, steal credentials, disrupt services, commit fraud or phishing, deceptively impersonate someone, harass people, or exploit minors;
• conduct unlawful surveillance or recording, send unlawful spam, infer sensitive traits without a lawful basis, or distribute deceptive synthetic media intended to cause harm;
• use Phantom as the sole or final decision-maker about another person’s employment, housing, education, credit, insurance, healthcare, legal status, benefits, law enforcement, or essential services; or
• circumvent safeguards, quotas, metering, rate limits, or access restrictions, or compromise the service through unauthorized probing, scraping, or reverse engineering.

We may investigate suspected abuse and restrict or suspend access when reasonably necessary to protect users, third parties, or Phantom.

5. Paid plans and consumer rights

Phantom offers a starter plan with no monthly subscription charge and may offer Pro and Max subscriptions billed monthly or yearly. The base prices are Pro at USD 20 per month or USD 192 per year and Max at USD 100 per month or USD 960 per year. A yearly price is charged upfront for the year; any monthly equivalent shown on the website is only a comparison. The starter plan has shared capacity and may be changed, paused, or limited for operational or abuse-prevention reasons; it is not a promise of permanent unlimited availability.

Usage capacity resets monthly for both monthly and yearly subscriptions, does not roll over, and currently has no automatic overage charge or top-up. The monthly usage reset does not change a yearly subscription’s yearly payment and renewal schedule.

Website prices are base prices in US dollars. Before you commit, checkout and the linked order information show the seller, final currency and total, applicable tax, plan capacity, billing period, amount charged upfront, renewal terms, cancellation method, and any minimum commitment. The checkout display controls if it differs from the website. Paid access starts only after the payment or qualifying trial is verified.

Merchant of record. When Managed Payments is used, the Link entity named at checkout or on the receipt is the seller and merchant of record for the paid transaction. Link and Stripe handle payment collection, payment-method data, tax calculation and remittance where applicable, fraud and dispute operations, transaction receipts, and transaction-level refund administration under the terms presented at checkout. Phantom remains the software licensor and service operator and provides product support. We receive transaction identifiers, status, plan, and limited customer information, but not complete card numbers.

Monthly and yearly subscriptions renew at the billing interval you choose until cancelled. You may cancel before the next renewal through the billing-management flow. Cancellation normally prevents the next charge and takes effect at the end of the current paid month or year; it does not ordinarily refund the current paid period. A failed, disputed, refunded, or unpaid order may delay paid activation or return the account to the starter plan. If a trial is offered, its duration, conversion price, and cancellation deadline will be shown before it begins.

You authorize a payment only through the unambiguous order button at checkout. After an order is accepted, you will receive an electronic confirmation or receipt in a form you can retain, identifying the seller and material order terms. We record the legal-document versions associated with checkout. Please keep the confirmation and a copy of the accepted Terms and EULA.

Immediate performance and mandatory transaction remedies. By ordering paid access, you request activation as soon as payment is confirmed. Any statutory cancellation, withdrawal, or refund right that applies to the paid transaction is administered by the Link entity identified at checkout or on the receipt as merchant of record. Use the order-support or refund process in your Link account, checkout confirmation, or receipt. Phantom will reflect a confirmed cancellation or refund in your access.

Ending future renewal is different from requesting a refund for the current paid period. Swiss law does not provide a general cooling-off right for every online purchase. Outside a mandatory right or a refund promise shown at checkout, cancellation does not create a refund or credit for a partly used period. Nothing in these Terms removes mandatory consumer rights.

6. Ownership, third parties, and changes

Phantom’s software, interface, branding, documentation, and service components belong to us or our licensors. Your permitted use of the installed software is described in the EULA.

Phantom relies on external providers and services you choose to connect. Those services have their own terms, privacy practices, permissions, rate limits, and availability. Phantom is not responsible for a third-party service’s independent acts, but this does not limit responsibility that applicable law places on us.

We may improve, change, or discontinue features and provide app or security updates. We will give reasonable advance notice where a change materially reduces a paid service during its current term, unless an urgent legal or security issue makes advance notice impracticable, and will provide any remedy required by law. Price changes apply no earlier than a future renewal after the notice required by law.

7. Suspension and termination

You may stop using Phantom at any time. Cancelling a subscription, requesting a transaction refund from the merchant of record, uninstalling the app, signing out, disconnecting a service, and deleting an account are separate actions. Contact us to request account deletion.

We may suspend or terminate access for a material breach, unlawful use, security risk, non-payment, provider restriction, or legal requirement. Except in urgent cases, we will give reasonable notice and an opportunity to fix a curable issue. If we terminate a paid service without your breach, we will provide any refund or remedy required by the order terms or law. Data is handled under the Privacy Policy after termination.

8. Warranties and liability

Phantom is provided with reasonable care and skill, but AI output and third-party services are probabilistic and can fail. We do not promise uninterrupted availability, error-free output, or suitability for a purpose you have not made known and we have not accepted. Mandatory consumer warranties and remedies remain unaffected.

If you are a consumer, we are responsible for reasonably foreseeable loss caused by our breach of these Terms or failure to use legally required care. We are not responsible for loss caused by your unlawful use, failure to follow clear warnings, unauthorized account access not caused by us, a third party outside our legal responsibility, or an event we could not reasonably control. We are not responsible for business losses when you use Phantom as a consumer.

For business users, to the fullest extent permitted by law, neither party is liable for indirect or consequential loss or for lost profit, revenue, business, opportunity, goodwill, or corrupted data. Phantom’s aggregate liability to a business user arising from the service will not exceed the greater of CHF 100 or the fees paid for Phantom during the 12 months before the event giving rise to the claim.

Nothing excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, intentional misconduct, gross negligence, death or personal injury caused by negligence where applicable, or mandatory privacy and consumer rights.

9. General terms and contact

We may update these Terms for legal, security, technical, or product reasons. A new version applies prospectively after the notice and renewed acceptance required by law; it does not rewrite a completed order retroactively. If one provision is unenforceable, the remaining Terms continue. A failure to enforce a term once is not a waiver.

These Terms are governed by the substantive laws of Switzerland, without regard to conflict-of-law rules. The ordinary courts of the Canton of Bern, Switzerland, have jurisdiction over disputes with business users. Consumers keep any mandatory protections, governing laws, and courts available where they live.

The contract language is English. Notices may be delivered in the app, to your account email, or on the website where legally sufficient. Legal and product-support questions can be sent to hegerbenaja@gmail.com or by post to Benaja Raphael Heger, Haubenstrasse 32, 3672 Oberdiessbach, Switzerland. Billing, refund, and other transaction support is provided through the Link or Stripe contact identified in your order details or receipt.