Effective Date: August 13, 2025
Last Updated: August 13, 2025
These Terms of Service ("Terms") constitute a legally binding agreement between Phleid LLC, a Delaware limited liability company ("Phleid," "we," "us," or "our"), and you, whether individually or on behalf of an entity ("you" or "Customer"), concerning your access to and use of the Phleid platform and AI-powered retention orchestration services.
By clicking "I Accept," accessing, or using our Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. If you do not agree to these Terms or lack such authority, you must not accept these Terms or use our Services.
Phleid provides a cloud-based AI agent platform enabling businesses to orchestrate retention flows across their existing marketing tools including email, SMS, push notifications, and other channels. Our Services include AI-powered campaign orchestration, multi-channel flow building, analytics and reporting features, API access for system integration, and related support services. The specific features available depend on your selected service tier.
Our Services are provided on a subscription basis. The Pilot tier, at $750 per month, includes all integrations (Shopify, Klaviyo, Twilio, OneSignal), AI agent for email, SMS, and push orchestration, a 90-day engagement, and onboarding support for up to 50K profiles. The Growth tier, at $1,500 per month, includes everything in Pilot plus advanced segmentation and flow logic, priority support, and ongoing engagement for up to 150K profiles. The Scale tier, starting at $2,500 per month, includes everything in Growth plus a dedicated success manager, custom SLAs and reporting for 150K-300K profiles, with custom pricing available above 300K profiles.
To use our Services, you must create an account by providing accurate, current, and complete information during the registration process. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized access to or use of your account.
You may authorize additional users to access your account based on your subscription tier limitations. You remain responsible for all actions taken by authorized users under your account. We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised or are being used in violation of these Terms.
Account credentials must not be shared with unauthorized parties. You agree to implement reasonable security measures to protect access to your account and to ensure that authorized users comply with these Terms. We are not liable for any loss or damage arising from your failure to maintain account security.
You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not use our Services to create or distribute passes that contain illegal content or promote illegal activities, infringe upon intellectual property rights of others, contain malicious code or are designed to harm devices or systems, promote hate speech, discrimination, or violence, contain adult content or content inappropriate for minors, facilitate fraudulent or deceptive practices, or violate applicable laws or regulations including data protection and privacy laws.
Additionally, you must not attempt to gain unauthorized access to our Services or related systems, interfere with or disrupt the integrity or performance of our Services, reverse engineer or attempt to derive source code from our Services, use our Services to compete with us or build a similar service, exceed the usage limitations of your subscription tier without upgrading, or use automated systems or software to extract data from our Services without permission.
Special restrictions apply to certain industries and use cases. Financial services passes require proof of appropriate licensing and regulatory compliance. Healthcare-related passes must comply with applicable medical privacy laws including HIPAA where applicable. Gambling and lottery passes are restricted to jurisdictions where legal and must include appropriate age verification mechanisms. We reserve the right to review passes for compliance and may suspend or terminate access for violations of this policy.
All fees are billed annually in advance based on your selected service tier. By providing payment information, you authorize us to charge the applicable fees to your designated payment method. Annual subscriptions benefit from a 17% discount compared to monthly pricing. All prices are listed in US dollars unless otherwise specified.
Fees are non-refundable except as required by law or as specifically provided in these Terms. You are responsible for all taxes associated with your use of the Services, excluding taxes based on our net income. If you exceed the pass limits for your tier, we will notify you and provide options to upgrade your subscription or purchase additional capacity.
Payment information must be kept current. Failed payments may result in suspension or termination of Services. We reserve the right to modify pricing with 30 days' notice for monthly subscriptions and 60 days' notice for annual subscriptions. Price changes will take effect at the next renewal period.
We retain all rights, title, and interest in and to our Services, including all software, designs, text, graphics, interfaces, and other content, as well as the selection and arrangement thereof. Our Services are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.
You retain all rights to your content, including pass designs, text, images, and other materials you upload to our Services ("Customer Content"). By using our Services, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute your Customer Content solely as necessary to provide our Services to you.
You represent and warrant that you own or have the necessary rights to use and authorize us to use all Customer Content as contemplated by these Terms. You must not upload content that infringes upon the intellectual property rights of others. We may remove content that we reasonably believe violates these Terms or applicable law.
Our processing of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. As detailed in our Privacy Policy, we primarily act as a data processor for end-user information, while you remain the data controller responsible for compliance with applicable data protection laws.
By using our Services, you acknowledge and agree that you have implemented appropriate legal bases for processing personal information through our Services, you will maintain a privacy policy that accurately describes your data practices, you will obtain necessary consents from end users where required, and you will respond to data subject rights requests in accordance with applicable law.
For customers subject to GDPR or similar data protection laws, we will enter into a Data Processing Agreement that details our respective obligations regarding personal data processing. You must notify us immediately of any data breach or security incident involving our Services.
Service availability commitments vary by tier. The Starter and Growth tiers target 99.5% monthly uptime. The Professional tier includes a 99.7% uptime commitment. The Enterprise tier guarantees 99.9% monthly uptime with service credits for failures to meet this threshold.
Uptime is calculated monthly and excludes scheduled maintenance (with advance notice), force majeure events, issues caused by customer actions or third-party services, and temporary suspensions for Terms violations. Service credits, where applicable, are calculated as a percentage of monthly fees based on actual downtime and are the sole remedy for service availability issues.
Support response times are determined by subscription tier. Starter tier receives email support with 48-hour response times. Growth tier receives priority email support with 24-hour response times. Professional tier adds phone support with 8-hour response times for critical issues. Enterprise tier includes 24/7 support with 1-hour response times for critical issues and a dedicated account manager.
We warrant that our Services will perform substantially in accordance with the applicable documentation when used in accordance with these Terms. This limited warranty does not apply to issues caused by customer misuse, unauthorized modifications, third-party products or services, or circumstances beyond our reasonable control.
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
We do not warrant that our Services will be uninterrupted, error-free, or completely secure. You acknowledge that the use of our Services involves the transmission of data over networks that we do not control, and we are not responsible for data lost or corrupted during transmission.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PHLEID LLC BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE OUR SERVICES.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
These limitations apply regardless of the legal theory upon which the claim is based, whether in contract, tort, negligence, strict liability, or otherwise, and whether or not we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you.
You agree to defend, indemnify, and hold harmless Phleid LLC, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of our Services in violation of these Terms, your violation of any third-party rights including intellectual property rights, your violation of any applicable law or regulation, any Customer Content you upload or transmit through our Services, or any actions taken by users authorized under your account.
We will promptly notify you of any claim subject to indemnification and provide reasonable cooperation in the defense. You may not settle any claim without our prior written consent. We reserve the right to assume exclusive defense and control of any matter subject to indemnification, in which case you agree to cooperate with our defense.
These Terms commence upon your acceptance and continue for the duration of your subscription period. Annual subscriptions automatically renew unless either party provides notice of non-renewal at least 60 days before the renewal date. Monthly subscriptions continue month-to-month until terminated.
Either party may terminate these Terms for cause upon written notice if the other party materially breaches these Terms and fails to cure such breach within 30 days of notice. We may immediately suspend or terminate your access for non-payment, violation of our Acceptable Use Policy, or if your use of our Services poses a security risk or may harm other users.
Upon termination, your right to use our Services immediately ceases. All passes created through your account will be deactivated. You remain responsible for all fees incurred up to the termination date. Provisions that by their nature should survive termination shall remain in effect, including intellectual property rights, indemnification, and limitation of liability.
We reserve the right to modify these Terms at any time. Material changes will be notified through your registered email address or through the Services at least 30 days before becoming effective. Your continued use of our Services after changes become effective constitutes acceptance of the modified Terms.
We may modify, suspend, or discontinue any aspect of our Services at any time. We will provide reasonable notice of any material changes that adversely affect your use of the Services. We are not liable for any modification, suspension, or discontinuance of Services.
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. For customers located in the European Union, mandatory consumer protection laws of your country of residence may also apply to the extent they provide greater protection.
Any dispute arising from or relating to these Terms or our Services shall first be addressed through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation within 30 days, it shall be submitted to binding arbitration under the American Arbitration Association rules, except that either party may seek injunctive relief for intellectual property violations.
The arbitration shall be conducted in Delaware, or for EU customers, in their country of residence if required by applicable law. The arbitration shall be conducted in English. Each party shall bear its own costs, except that the arbitrator may award costs and fees to the prevailing party.
These Terms, together with our Privacy Policy and any applicable Data Processing Agreement, constitute the entire agreement between you and Phleid LLC regarding the use of our Services. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
No waiver of any term shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision shall not constitute a waiver. The section headings are for convenience only and have no legal or contractual effect.
You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets. Any attempted assignment in violation of this provision is void.
For questions about these Terms or our Services, please contact us at:
Phleid LLC
c/o Northwest Registered Agent Service, Inc.
8 The Green, Suite B
Dover, DE 19901
Email: legal@phleid.com
Support: support@phleid.com
Phone: +1 728-230-0478
For customers in the European Economic Area:
Data Protection Officer: dpo@phleid.com