Agreement
These Terms of Service ("Terms") are a binding agreement between you and Phantom ("Phantom," "we," "us," or "our") for access to usephantom.io, The Pit Crew dashboard, and related services (collectively, the "Service").
If you use the Service on behalf of a business, you represent that you have authority to bind that business. The business is the "customer" under these Terms.
By creating an account, accepting an invitation, or using the Service, you agree to these Terms and our Privacy Policy.
The Service
Phantom provides software and managed operations that help automotive styling shops respond to inbound leads, coordinate conversations across channels, and surface reporting and booking visibility. Specific features depend on your plan and configuration.
We may update, suspend, or discontinue features with reasonable notice when practical. The Service is provided on an ongoing basis and may require compatible third-party accounts or integrations.
Accounts and access
You must provide accurate registration information and keep credentials secure. You are responsible for activity under your account and for users you invite to your organization.
We may suspend or terminate access for violation of these Terms, risk to the Service, non-payment, or as required by law.
Customer data and messaging
You retain ownership of content and data you submit ("Customer Data"). You grant Phantom a limited license to host, process, and display Customer Data solely to provide and improve the Service, comply with law, and as described in the Privacy Policy.
You are responsible for obtaining any consents required to message your customers and for the accuracy of shop information, hours, and pricing you provide.
You must not use the Service to send unlawful, deceptive, or harassing communications or to violate platform rules of integrated channels.
Acceptable use
You agree not to:
- Reverse engineer, probe, or disrupt the Service or its security.
- Upload malware or attempt unauthorized access to systems or data.
- Use the Service in violation of applicable law or third-party terms.
- Resell or sublicense the Service except as expressly permitted in writing.
Fees and payment
Paid plans are billed according to the pricing presented at signup or in your account. Fees are processed through Stripe unless otherwise stated.
Subscriptions renew automatically until canceled. Taxes may apply. Except where required by law, fees are non-refundable.
Performance guarantees, credits, or service-level commitments apply only when expressly documented in your order or in-product guarantee terms.
Intellectual property
Phantom owns the Service, software, branding, and documentation, excluding Customer Data. These Terms do not grant you any rights to our trademarks except limited use to identify your relationship with Phantom.
Feedback you provide may be used by Phantom without restriction or compensation.
Confidentiality
Each party may receive non-public information from the other. The receiving party will use reasonable care to protect it and use it only for purposes of the relationship, except as required by law.
Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHANTOM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not guarantee uninterrupted operation, error-free performance, or specific business outcomes (including lead volume, conversion, or revenue).
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHANTOM AND ITS SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
PHANTOM'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE IN ANY TWELVE-MONTH PERIOD WILL NOT EXCEED THE AMOUNTS YOU PAID TO PHANTOM FOR THE SERVICE IN THAT PERIOD (OR ONE HUNDRED U.S. DOLLARS IF YOU HAVE NOT PAID FEES).
Some jurisdictions do not allow certain limitations; in those cases, our liability is limited to the fullest extent permitted by law.
Indemnification
You will defend and indemnify Phantom against claims arising from your Customer Data, your use of the Service in violation of these Terms, or your violation of law or third-party rights.
Term and termination
Either party may terminate for material breach if not cured within thirty (30) days of written notice. You may stop using the Service at any time; cancellation steps are available in account settings where applicable.
Upon termination, your right to access the Service ends. We may delete or retain Customer Data as described in the Privacy Policy and applicable law.
Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Courts in Ontario will have exclusive jurisdiction, except that either party may seek injunctive relief in any competent court.
General
These Terms, together with the Privacy Policy and any order or guarantee terms referenced in the Service, are the entire agreement between you and Phantom regarding the Service.
If any provision is unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction.
Contact
Questions about these Terms:
Phantom — admin@usephantom.io
Phone: +1 905-536-9501
Web: https://usephantom.io