Acceptance of Terms and Conditions
By downloading the PHIZ App, you, hereinafter referred to as "User," agree to the following Terms of Use and accept our Privacy Policy.
To offer our Services (as defined below) through our apps, services, features, software, or website, you must agree to our Terms of Use ("Terms").
The User must provide certain devices, software, and data connections, which are not provided by the Phiz App, to use our Services. By using our Services, the User agrees to manually or automatically download and install updates. The User also agrees to our occasional notifications, as necessary to provide our Services.
The User acknowledges that they are solely responsible for all carrier data plans, internet fees, and other costs and taxes associated with using our Services.
The PHIZ App provides the following services:
- Chat, Voice, and Video Calls. Our app facilitates communication between Phiz users through messages, voice calls, video calls, and the sharing of images and videos.
- PHIZ Shop and MiniProgram.
- Prepaid Wallet. The Wallet acts as a prepaid card, allowing users to add credit and make payments.
- Moments: Users can share photos and videos with other PHIZ App users.
1. Registration
- By registering, the User declares they are of legal age and fully capable. They confirm that all data provided is correct and truthful, absolving PHIZ App from any responsibility for false declarations. The User further guarantees that.
- If for any reason PHIZ App identifies any attributes of the user that do not comply with its internal policies or other guidelines, even after approval of the registration, it may revoke the approval without justification, and any contractual relationship between the User and PHIZ App will be immediately terminated.
- Our Services must be used in accordance with our Terms and policies. If you violate our Terms or policies, we may take action against your account, including disabling or suspending it. Should this occur, you agree not to create another account without our permission. Deactivation or suspension of your account will be carried out according to Clause 12 – "Termination."
- The User must notify PHIZ App within 2 (two) business days of any changes to their registration data, including but not limited to address, phone number, etc., through the app or any channels provided by PHIZ App for that purpose.
- From time to time, PHIZ App may require the User to verify their registration data, including submitting documents, or services may be suspended until regularization.
2. Legal Use of Our Services
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Our Services must be accessed and used only for lawful, authorized, and acceptable purposes. The
User agrees not to use (or assist others in using) our Services:
(a) in ways that violate, misappropriate, or infringe the rights of Phiz App, our users, or third
parties, including privacy, publicity, intellectual property, or other proprietary rights; (b) in
ways that are unlawful, obscene, defamatory, threatening, intimidating, harassing, hateful, racially
or ethnically offensive, or that incite or encourage illegal conduct or inappropriate behavior such
as violence, child exploitation, or any endangerment of others; (c) involving false, inaccurate, or
misleading statements; (d) to impersonate others; (e) to send unlawful or unauthorized
communications, such as mass messages, automated messages, auto-dialing, etc.; or (f) for
non-personal use unless authorized by us.
3. Unauthorized Use
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The User is not authorized to access, use, copy, modify, or distribute our Services or assist others
in doing so in any unauthorized way, including:
(a) reverse engineering, decompiling, or extracting code from our Services; (b) sending, storing, or
transmitting viruses or harmful code through our Services; (c) gaining unauthorized access to our
systems or Services; (d) interfering with the security, confidentiality, or performance of our
Services; (e) creating accounts by unauthorized means; (f) collecting information from or about
users without authorization; (g) selling or renting our Services or data obtained through them; (h)
distributing or offering our Services over a network to be used by multiple devices at the same time
unless authorized; (i) creating software or APIs that mimic our Services and offering them to third
parties.
4. Security Requirements
4.1. The User is responsible for keeping their device and Phiz App account secure and must report unauthorized access or security breaches immediately.
4.2. The User's account is personal and non-transferable.
4.3.The User is solely responsible for keeping their login information confidential and using it solely for the purposes described in these Terms.
4.4.Phiz App is not responsible for any issues related to the failure to comply with the provisions in sections 4.1 and 4.2.
4.5. All transactions carried out through a logged-in account will be considered made by the User themselves..
4.6. The User may report any violation of the rules stated in this Terms of Use, PHIZ APP policies, and/or applicable laws through the following options: (i) "Report" within conversations with other users, or (ii) "Report" in the "About" section of the virtual store for third parties using PHIZ SHOP.
5. THIRD-PARTY SERVICES
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Our services may allow the User to access websites, apps, content, or other products and services
from third parties, as well as interact with them. When the User uses third-party products or
services, the applicable terms and privacy policies govern the use of those products and services.
6. INTELLECTUAL PROPERTY
6.1. Phiz App does not claim ownership rights over the information provided by the User for their Phiz App account or through our Services. The User must have the necessary rights over the information provided to the Phiz App account or through our Services, as well as the right to assign the rights and licenses in accordance with our Terms.
6.2. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. The use of our copyrights, trademarks (or similar trademarks), domains, logos, trade dress, trade secrets, patents, and other intellectual property rights is prohibited without our express authorization. The User may only use the trademarks of our affiliate companies with their authorization, including authorization according to published brand guidelines.
6.3. To operate and provide our Services, the User grants Phiz App a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, create derivative works, display, and perform the information (including content) that the User uploads, sends, stores, or receives through our Services. The rights granted under this license are specifically for the purpose of operating and providing our Services (such as the permission to display your profile photo and status message, transmit your messages, and store your undelivered messages on our servers for up to 30 [thirty] days while we attempt to deliver them).
6.4. Phiz App grants a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our services, subject to our terms. This license is intended to allow the User to use our Services as permitted under our Terms. The licenses and rights expressly granted to the User are the only licenses and rights granted. No licenses or rights are granted by implication or inducement.
6.5. We may take action on your account, including disabling or suspending it, if the User clearly, seriously, or repeatedly violates third-party intellectual property rights, or if we are legally required to do so. The deactivation or suspension of your account will be carried out in accordance with Clause 12 - "Termination."
7. LEGAL PROVISIONS AND DISCLAIMERS
7.1. The use of our services is at your own risk and is subject to the following disclaimers. We provide our services as they are, without express or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, ownership, non-infringement, and protection against computer viruses or other harmful code.
7.2. We do not guarantee that the information we provide is accurate, complete, or useful; we do not guarantee that our services will be operational, error-free, secure, or safe, or that our services will operate without interruptions, delays, or imperfections.
7.3. We do not control and are not responsible for controlling how or when our users use our services, or the features, services, and interfaces provided by these services.
7.4. We are not responsible for and are not obligated to control the actions or information (including content) of our users or third parties. You release us, our subsidiaries, affiliates, and our advisors, directors, employees, partners, and representatives, as well as the advisors, directors, employees, and partners (collectively, the “Phiz App group”) from all claims, demands, causes of action, disputes, objections, or damages (collectively, "claims"), whether known or unknown, related to, arising from, or in any way associated with claims you may have against third parties.
7.5. By downloading the PHIZ APP application, you release the Phiz App group from any liability for lost profits, material, moral, or any other type of indemnity or compensatory penalties arising from the use of our services (regardless of the cause and under any circumstances), waiving the right to claim any type of compensation from Phiz App.
7.6. By downloading the PHIZ APP application, you acknowledge that there will be a right of recourse if anyone brings any type of legal action against us related to your actions using our App. In such cases, you must reimburse all losses suffered by Phiz App, including legal costs and attorney's fees, arising from any of the following situations or related to them: (a) your access to or use of our Services, including information and content provided as a result; (b) your violation of our Terms; or (c) any false statements you make. You will cooperate, to the extent requested by us, in the defense or settlement of any action brought against Phiz App by third parties.
8. FORUM SELECTION
Regardless of where the user is located, the parties agree to elect the plaintiff's residence to resolve any disputes arising from this Agreement and any possible communications and/or amendments, expressly waiving any other forum, even if it may be more privileged.
9. APPLICABLE LAW
These terms and conditions, and their attachments, are governed and interpreted in accordance with law of the country of residence, and any disputes or legal actions that may arise between you and Phiz App will be subject to law of the country of residence, regardless of conflicts between the laws of different countries.
10. SERVICE AVAILABILITY
We are constantly seeking to improve our services. This means we may expand, add, or remove services, features, functionalities, and compatibility with certain devices and platforms. Our services may be interrupted, including for maintenance, repairs, updates, or network or equipment failures. We may discontinue some or all of our services, including specific features and support for certain devices and platforms, at any time. Events beyond our control, such as force majeure or unforeseen circumstances, may also affect our services.
11. TERMINATION
11.1.You may choose to terminate your relationship with us at any time and for any reason by deleting your account.
11.2.Similarly, we may modify, suspend, or terminate your access to or use of our services at any time and for any reason, such as if you violate the provisions or intentions of these Terms or harm, jeopardize, or legally expose us, our users, or third parties. We may also deactivate or delete your account if it remains inactive after registration or if your account remains inactive for an extended period.
11.3. PHIZ PAY may modify, suspend, or terminate your access to or use of our services at any time and for any reason allowed by applicable law, especially if you consistently receive excessive negative feedback or cause harm, risks, or potential legal exposure to PHIZ PAY, our users, or third parties.
12. GENERAL PROVISIONS
12.1. You acknowledge that by downloading the app and using our services, you agree and consent to our Terms, which form a contract between the parties.
12.2. Our services should not be distributed or used in countries or territories where such actions would violate local laws or subject us to the laws of another country or territory. We reserve the right to limit our services in any country or territory.
12.3. You acknowledge that you must comply with all laws of the country of residence and other countries and territories.
12.4. We may modify or update these Terms. We will notify the “User” of any changes made to our Terms, as appropriate, and will update the “Last updated” date at the top of our Terms. Continued use of our services confirms your acceptance of our Terms and subsequent changes, binding you to the new terms and conditions of this Agreement, the Privacy Policy, and other policies. If you do not agree with our revised Terms, you must delete your account and cease using our services.
12.5. You may not transfer your rights or obligations under these Terms to another person without our prior written consent.
12.6. If any clause, term, or provision of these Terms or their attachments is judicially declared invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remaining provisions will not be affected or impaired in any way, and none of the Parties will be penalized for the declaration of invalidity, illegality, or unenforceability of this Agreement.
12.7. Any tolerance by either party regarding non-compliance with the obligations set forth in this document will be considered mere leniency and will not imply modification, novation, or waiver of the right to demand compliance with all contractual clauses or provisions, which will remain valid and unaltered under the exact terms provided, and may only be altered by mutual and express consent of the contracting parties.
12.8. This Agreement will begin on the date you "accept" the terms and conditions set forth herein and will be in effect for an indefinite period, binding the Parties, their heirs, and successors for any reason.