Terms of use - Phillforce

Effective Date: September 8, 2026 Last Updated: September 8, 2026

1. Welcome to Phillforce

Welcome to Phillforce. These Terms of Service (“Terms”) govern your access to and use of the websites, applications, platforms, products, features, reports, artificial intelligence functionality, customer acquisition intelligence services, professional services, and other services provided by Phillforce, Inc. (“Phillforce,” “we,” “our,” or “us”). Phillforce, Inc. is a United States company with its business address at: Phillforce, Inc. 8 Wading Bird Loop Blythewood, SC 29016 United States Website: phillforce.com General enquiries: philip@phillforce.com Legal enquiries: legal@phillforce.com These Terms form a legally binding agreement between you and Phillforce. Please read them carefully.

2. Accepting These Terms

By creating a Phillforce account, checking a box indicating your agreement, purchasing a Phillforce product or service, accessing Phillforce Intelligence, using Ask Phill, or otherwise using the Services after being presented with these Terms, you agree to be bound by them. If you do not agree to these Terms, do not create an account, purchase a Service, or continue using Phillforce. If you are using Phillforce on behalf of a company, organization, partnership, or other legal entity, you represent that you have authority to accept these Terms on behalf of that entity. In that situation, “you” and “your” refer to both you and the organization you represent where the context requires.

3. Who May Use Phillforce

Phillforce is designed primarily for businesses, founders, professionals, teams, consultants, agencies, institutions, and organizations seeking to understand or improve customer acquisition. You must be at least 18 years old to create a Phillforce account or independently enter into an agreement with Phillforce. By using the Services, you represent that:

you are legally capable of entering into this agreement;
the information you provide is materially accurate;
your use of Phillforce is lawful;
you are not prohibited from receiving the Services under applicable law; and
where you act for an organization, you have appropriate authority to do so.

4. What Phillforce Provides

Phillforce provides customer acquisition intelligence technology and related services. Depending on the product, plan, or engagement you select, Phillforce may help you:

analyze a customer acquisition system;
evaluate public business information;
interpret client-supplied commercial evidence;
analyze acquisition funnels;
identify potential acquisition constraints;
assess positioning, content, websites, marketing, sales, measurement, and buyer journeys;
calculate relevant commercial metrics;
prioritize areas requiring attention;
generate recommendations;
produce intervention concepts or deliverables;
model potential improvement scenarios;
use Ask Phill to explore acquisition intelligence;
maintain diagnostic history;
produce reports;
conduct human reviews;
receive implementation support; and
use additional features Phillforce may introduce.

Features vary by plan, product, geography, availability, technical capability, and applicable agreement.

5. Customer Acquisition Intelligence

Phillforce is designed to help businesses make better-informed customer acquisition decisions. Phillforce may combine different forms of evidence, including:

publicly accessible business evidence;
information provided by you;
commercial and funnel information;
analytical calculations;
historical Phillforce information;
connected information where integrations are available;
automated analysis; and
artificial intelligence.

The resulting output may include findings, priorities, confidence assessments, modeled scenarios, recommendations, prescriptions, interventions, reports, or other analytical information. Phillforce does not promise that every diagnosis or recommendation will be correct in every situation. Business conditions change, evidence may be incomplete, and the quality of an analysis can depend in part on the quality, completeness, accuracy, and context of the information available.

6. Evidence You Provide

You may provide Phillforce with information about your business and acquisition system. This may include:

visitor volumes;
leads;
qualified leads;
meetings;
proposals;
customers;
acquisition spending;
customer acquisition cost;
average customer value;
sales information;
lead sources;
offer information;
reporting periods;
conversion information;
customer objections;
lost-deal reasons; and
other commercial evidence.

You are responsible for providing information that is reasonably accurate to the best of your knowledge. Phillforce may rely on this information when producing intelligence. If inaccurate, incomplete, outdated, blended, or incorrectly defined information is supplied, the resulting diagnosis or recommendation may also be affected. You should update material information where appropriate.

7. Client-Supplied Evidence

Information supplied directly by a customer may be identified within Phillforce as “client-supplied evidence,” “customer-supplied evidence,” or similar terminology. This designation indicates the source of the information. It does not mean that Phillforce independently audited, verified, or certified every underlying figure unless we expressly state otherwise. For example, if you enter monthly visitor and customer figures, Phillforce may calculate conversion rates based on those figures without independently verifying the original analytics or CRM records.

8. Connected Evidence

Phillforce may in the future allow customers to connect third-party systems such as analytics platforms, CRM systems, advertising accounts, search platforms, payment systems, or other business tools. Where Connected Intelligence or another integration is available, the applicable feature may retrieve information from the connected system based on permissions granted by you. Connected information may improve automation, frequency, or evidentiary depth, but it does not guarantee that third-party data is complete or error-free. You remain responsible for ensuring that you have authority to connect the relevant account or system. Additional terms or provider-specific requirements may apply to connected services.

9. Public Website and Business Analysis

Phillforce may analyze publicly accessible websites and business information in order to provide customer acquisition intelligence. By submitting a website or business for analysis, you represent that you are using Phillforce for a legitimate business purpose and not for unlawful or abusive activity. You may not use Phillforce to:

attempt unauthorized access to another system;
discover private infrastructure;
bypass security controls;
probe internal networks;
perform malicious scanning;
unlawfully harvest personal information;
violate another person's rights;
conduct unlawful surveillance; or
otherwise misuse Phillforce's analysis technology.

Additional restrictions are described in the Phillforce Acceptable Use Policy.

10. Ask Phill

Ask Phill is an artificial intelligence-enabled feature intended to help users understand and work with Phillforce intelligence. Ask Phill may:

explain findings;
interpret evidence;
answer questions about a diagnosis;
help prioritize decisions;
explore potential interventions;
summarize available intelligence; and
provide other acquisition-related assistance.

Ask Phill is an automated system. Its responses may occasionally be incomplete, inaccurate, outdated, or inappropriate for a particular business context. You should use appropriate commercial judgment before acting on material recommendations. Where a decision could have significant financial, contractual, legal, regulatory, employment, or other consequences, you should obtain appropriate professional advice where necessary.

11. Phillforce Is a Decision-Support Platform

Phillforce supports business decision-making. Phillforce does not replace the judgment of the business, its management, or its professional advisers. You remain responsible for decisions you make based on or informed by Phillforce. Phillforce does not act as your:

attorney;
accountant;
financial adviser;
investment adviser;
tax adviser;
employment adviser;
regulated financial adviser; or
other licensed professional unless expressly agreed in a separate written engagement.

Customer acquisition recommendations are commercial decision-support outputs and should be considered in the context of your actual business.

12. Modeled Scenarios Are Not Forecasts

Phillforce may display modeled commercial scenarios. For example, Phillforce may calculate what could happen mathematically if a conversion rate increased by a certain amount. These scenarios are intended to illustrate possible commercial relationships or improvement opportunities. Unless expressly stated otherwise, a modeled scenario is:

not a prediction;
not a forecast;
not guaranteed revenue;
not guaranteed profit;
not guaranteed customer growth; and
not a promise that the modeled improvement will occur.

Actual results may differ materially.

13. No Guarantee of Business Results

Phillforce does not guarantee that using the Services will produce:

specific revenue;
a specific number of customers;
a particular conversion rate;
reduced customer acquisition cost;
profitability;
increased valuation;
investment;
business growth;
improved advertising performance;
higher sales; or
any other specific commercial result.

Many factors affecting customer acquisition are outside Phillforce's control. Our commitment is to provide the Services described in the applicable plan or engagement with reasonable professional care, not to guarantee a particular business outcome.

14. Free Customer Acquisition Intelligence

Phillforce may offer certain Services without charge, including Free Customer Acquisition Intelligence. Free Services may be subject to limitations relating to:

number of analyses;
number of businesses;
reports;
Ask Phill usage;
evidence depth;
storage;
monitoring frequency;
history;
exports; or
other functionality.

Phillforce may modify reasonable limits applicable to free Services. We will not intentionally charge you for a free Service without clearly presenting the applicable paid offer and obtaining any consent required before charging you.

15. Human Review

Phillforce may offer a paid Human Review or similar expert-assisted service. The scope, price, turnaround time, and deliverables applicable to a Human Review will be described on the relevant purchase page, order, proposal, or other agreement. A Human Review provides professional analysis based on information available at the time of the review. It does not guarantee a specific commercial result.

16. Customer Acquisition Correction Sprint

Phillforce may offer a Customer Acquisition Correction Sprint. Unless a separate written agreement states otherwise, a Correction Sprint may include:

deeper acquisition diagnosis;
a prioritized correction plan;
implementation of one clearly scoped and mutually agreed high-priority intervention;
applicable Ask Phill support; and
a post-implementation review.

A Correction Sprint does not include unlimited implementation of every recommendation identified by Phillforce. The specific intervention to be implemented must be agreed within the scope of the engagement. Third-party expenses are not included unless expressly stated otherwise. These may include:

advertising spend;
media spend;
paid software;
paid data;
external platforms;
contractors;
production costs;
licensing costs;
paid integrations;
hosting charges;
travel;
or ongoing campaign management.

Additional implementation may be offered under a separate agreement.

17. Custom and Professional Services

Phillforce may provide additional consulting, implementation, strategy, technical, research, or other professional services. Where those services are governed by a proposal, statement of work, order form, service agreement, or other written agreement, that document may contain additional or different terms. If there is a conflict between these Terms and a signed agreement specifically covering professional services, the signed agreement will control for the subject matter of that conflict.

18. Accounts

Some Phillforce Services require an account. You agree to provide materially accurate registration information and keep relevant account information reasonably current. You are responsible for activities conducted through your account except to the extent caused by Phillforce's breach of its obligations or circumstances outside your reasonable control. You should:

protect your login credentials;
use appropriate passwords;
secure devices used to access Phillforce;
maintain control of connected authentication providers;
notify Phillforce promptly if you suspect unauthorized access.

You may not knowingly share credentials in a way that bypasses plan, seat, workspace, or security restrictions.

Phillforce may allow authentication through Google, LinkedIn, or another identity provider. Use of a third-party login provider is also subject to that provider's applicable terms. You are responsible for maintaining access to your authentication method. Phillforce may require additional verification before allowing sensitive actions such as:

changing an email address;
linking or unlinking a provider;
deleting an account;
changing sensitive settings; or
accessing protected information.

20. Organizational Accounts and Workspaces

Phillforce may allow businesses to create shared workspaces and invite additional users. The individual or organization controlling a workspace may be able to manage:

users;
permissions;
company information;
diagnoses;
billing;
connected services; and
workspace settings.

If you join an organization-controlled workspace, authorized workspace administrators may have access to information associated with that workspace. You are responsible for ensuring you invite only authorized users. Phillforce may introduce role-based permissions as the platform evolves.

21. Your Content and Business Information

As between you and Phillforce, you retain ownership of content, data, business information, and other materials you submit to Phillforce, subject to any rights belonging to other parties. You grant Phillforce a non-exclusive, worldwide, limited right to host, store, process, reproduce, transmit, analyze, display, and otherwise use that information as reasonably necessary to:

provide the Services;
generate requested intelligence;
maintain your account;
provide support;
protect the platform;
comply with law; and
exercise rights expressly described in these Terms and our Privacy Policy.

This license ends when the information is deleted from active systems except to the extent information must reasonably remain in backups, legal records, security records, or other permitted retention systems.

22. Your Responsibility for Submitted Information

You represent that you have the rights, permissions, authority, or lawful basis reasonably necessary to provide information you submit to Phillforce. Do not upload or submit information in violation of:

privacy rights;
confidentiality obligations;
intellectual property rights;
contractual restrictions;
employment obligations;
trade-secret obligations; or
applicable law.

If you are processing information on behalf of another organization, you are responsible for ensuring that your use of Phillforce is authorized by that organization.

23. Phillforce Intellectual Property

Phillforce and its licensors retain all rights, title, and interest in and to Phillforce technology and intellectual property. This may include:

software;
source code;
object code;
product architecture;
interfaces;
branding;
designs;
trademarks;
methodologies;
scoring systems;
analytical frameworks;
diagnostic structures;
proprietary prompts;
models and model orchestration;
workflows;
reports templates;
graphics;
documentation;
databases;
product names;
processes; and
other proprietary materials.

Except for the limited rights necessary to use the Services, these Terms do not transfer ownership of Phillforce intellectual property to you.

24. Ownership and Use of Outputs

Subject to these Terms and payment of applicable fees, you may use reports, recommendations, analyses, intervention materials, and other outputs generated specifically for your business for your internal business purposes and other lawful commercial purposes. However, your rights in an output do not give you ownership of:

Phillforce software;
underlying platform architecture;
general analytical methods;
reusable methodologies;
proprietary scoring systems;
models;
product design;
underlying templates;
confidential Phillforce technology; or
intellectual property that existed independently of your specific output.

Where outputs include or are derived from third-party materials, those materials remain subject to applicable third-party rights.

25. Feedback

We welcome feedback. If you voluntarily provide ideas, suggestions, recommendations, or product feedback to Phillforce, you grant Phillforce permission to use that feedback to improve or develop our products without requiring compensation or creating an obligation to implement the suggestion. This does not give Phillforce ownership of your confidential business information merely because you provide feedback.

26. Acceptable Use

You agree not to misuse Phillforce. You may not use the Services to:

violate applicable law;
infringe intellectual property rights;
invade privacy rights;
gain unauthorized access to systems or accounts;
distribute malware;
attack or interfere with infrastructure;
bypass security measures;
bypass usage restrictions;
circumvent rate limits;
access another customer's private data;
attempt privilege escalation;
scrape or harvest information unlawfully;
conduct malicious security scanning;
use automated systems in a manner that materially burdens the platform without authorization;
attempt to extract credentials, secrets, private system instructions, or restricted security information;
use Phillforce to facilitate fraud;
impersonate another person;
misrepresent authorization;
conduct unlawful surveillance;
interfere with other customers' use of the Services; or
use the platform in another abusive or unlawful manner.

The Phillforce Acceptable Use Policy contains additional requirements and forms part of these Terms.

27. Security Testing and Reverse Engineering

You may not probe, scan, test, exploit, or attempt to compromise Phillforce systems without prior written authorization, except to the extent such activity is expressly permitted under our Responsible Vulnerability Disclosure Policy. Where applicable law gives you a non-waivable right to perform limited reverse engineering or interoperability activity, nothing in these Terms removes that statutory right. Responsible security researchers should use the process described in our Responsible Vulnerability Disclosure Policy.

28. Third-Party Services

Phillforce may depend on or integrate with services provided by third parties. These may include:

hosting infrastructure;
artificial intelligence providers;
authentication providers;
analytics platforms;
payment processors;
communications providers;
CRM platforms;
advertising platforms; and
other technology providers.

Third-party services are governed by their own terms and may be modified or discontinued by their providers. Phillforce is not responsible for acts or omissions of independent third-party providers beyond the extent responsibility cannot legally be excluded.

29. Availability of the Services

We work to maintain a reliable service, but Phillforce does not guarantee uninterrupted or error-free availability. The Services may occasionally be unavailable because of:

maintenance;
upgrades;
technical failures;
third-party outages;
security events;
network failures;
infrastructure changes;
emergencies; or
circumstances outside our reasonable control.

Where reasonably possible, we will seek to minimize unnecessary interruption. Certain enterprise or custom agreements may contain separate service-level commitments.

30. Product Changes

Phillforce is an evolving technology product. We may improve, modify, add, remove, replace, or discontinue features over time. Where a change materially reduces a paid Service that you have already purchased for a defined period, we will handle the change in accordance with the applicable agreement and law. We may modify free functionality without guaranteeing continued availability of every free feature.

31. Beta, Experimental, and Preview Features

Phillforce may occasionally provide beta, experimental, preview, early-access, or development-stage functionality. Such features may:

change;
contain errors;
be incomplete;
operate differently from final functionality; or
be discontinued.

We will identify material beta or experimental features where appropriate. Do not rely on experimental functionality for critical business operations unless you are comfortable with those limitations.

32. Fees

Certain Phillforce Services require payment. Prices, billing periods, included functionality, and applicable charges will be displayed through the relevant pricing page, checkout, order form, proposal, or agreement. You agree to pay charges that you knowingly authorize. Unless otherwise stated, prices do not include taxes, duties, levies, or government charges that may apply. You are responsible for applicable taxes except taxes imposed directly on Phillforce's net income.

33. Subscriptions and Automatic Renewal

Some Phillforce plans may be offered as recurring subscriptions. Before you purchase a recurring subscription, Phillforce will disclose material billing terms, which may include:

price;
billing frequency;
applicable trial or promotional period;
whether the subscription renews automatically;
how to cancel; and
when cancellation takes effect.

By purchasing an automatically renewing plan after receiving the applicable disclosure, you authorize Phillforce or its payment processor to charge the applicable payment method according to the disclosed billing cycle until the subscription is cancelled or otherwise ends. We intend to provide a reasonable and straightforward mechanism to cancel recurring subscriptions.

34. Cancellation

Where self-service cancellation is available, you may cancel through the applicable Phillforce account or billing settings. Additional cancellation methods may be provided where required by law or applicable to a specific service. Unless otherwise stated at purchase, cancelling a subscription generally stops future renewal charges and allows access through the remainder of the already-paid billing period. Deleting a Phillforce account is not necessarily the same as cancelling an outstanding contractual or payment obligation, so users should follow the applicable cancellation process before account deletion where relevant.

35. Refunds

Refund eligibility depends on the product or service purchased and the circumstances of the transaction. The Phillforce Subscription, Cancellation & Refund Policy forms part of these Terms and provides additional information. Nothing in these Terms limits a refund, cancellation, withdrawal, or other consumer right that cannot lawfully be waived in your jurisdiction.

36. Failed Payments

If an authorized payment fails, Phillforce may:

notify you;
retry the payment where permitted;
restrict paid functionality;
downgrade an account;
suspend the applicable paid Service; or
request another valid payment method.

We will not intentionally use failed-payment handling as a means to charge amounts you did not authorize.

37. Taxes

You are responsible for taxes, duties, levies, or similar government charges associated with your purchase where those amounts are legally your responsibility. Phillforce may collect and remit applicable taxes where required.

38. Confidentiality

During your relationship with Phillforce, either party may receive information that is confidential by its nature or circumstances. Confidential information may include:

private business information;
non-public commercial information;
customer acquisition evidence;
technical information;
product plans;
proprietary methodologies;
security information;
pricing negotiated privately;
trade secrets; and
other non-public information reasonably understood to be confidential.

Each party agrees to use reasonable care to protect confidential information received from the other and to use it only for the purposes for which it was disclosed. Confidentiality obligations do not apply to information that:

becomes public without breach of an obligation;
was lawfully known without restriction before disclosure;
is independently developed without use of the confidential information;
is lawfully received from another source without confidentiality restriction; or
must be disclosed by law.

Where legally permitted, a party compelled to disclose confidential information should provide reasonable notice where appropriate. Separate nondisclosure agreements or customer contracts may contain additional confidentiality obligations.

39. Privacy

Our collection and processing of personal information is described in the Phillforce Privacy Policy. By using Phillforce, you acknowledge that you have had an opportunity to review the Privacy Policy. These Terms and the Privacy Policy serve different purposes. The Terms govern the contractual relationship between you and Phillforce. The Privacy Policy explains our practices regarding personal information.

40. Security

Phillforce maintains administrative, organizational, and technical safeguards designed to protect customer information and the platform. No online service can guarantee absolute security. You are responsible for taking reasonable steps to protect your own credentials, devices, connected accounts, and authorized users. If you discover or suspect a security issue involving Phillforce, please contact: security@phillforce.com Do not publicly disclose exploit details in a way that creates unnecessary risk to customers before Phillforce has had a reasonable opportunity to investigate and address the issue.

41. Account Suspension

Phillforce may temporarily restrict or suspend access where we reasonably believe action is necessary to:

protect the platform;
protect another customer;
prevent security harm;
investigate suspected fraud;
investigate material abuse;
respond to legal requirements;
address a material breach of these Terms;
address non-payment for a paid Service; or
prevent significant operational harm.

Where appropriate and reasonably possible, we may provide notice and an opportunity to resolve the issue. Immediate action may be necessary for serious security, fraud, legal, or abuse concerns.

42. Termination by You

You may stop using Phillforce at any time. You may also request account deletion subject to the Phillforce Account & Data Deletion Policy and any outstanding legal or contractual obligations. Cancelling a recurring subscription should be completed through the applicable cancellation process. Account deletion does not retroactively cancel charges that were validly incurred before deletion.

43. Termination by Phillforce

Phillforce may terminate an account or Service where:

you materially breach these Terms;
you engage in unlawful or abusive activity;
your use creates material security risks;
payment remains overdue;
continued service would violate law;
continued service would infringe another party's rights; or
another serious circumstance reasonably justifies termination.

Where appropriate, we will seek to provide reasonable notice. We may terminate immediately where delay could create material harm or legal exposure.

44. Effect of Termination

When an account terminates:

your right to access the applicable Services ends;
recurring billing should cease according to the applicable cancellation or termination terms;
certain data may be deleted or retained according to the Privacy Policy and Account & Data Deletion Policy;
outstanding amounts that were validly due remain payable; and
provisions intended by their nature to survive termination remain effective.

Surviving provisions may include intellectual property, confidentiality, payment obligations, disclaimers, limitations of liability, indemnification, dispute provisions, and other clauses that logically need to continue.

45. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILLFORCE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, EXCEPT FOR EXPRESS COMMITMENTS MADE IN THESE TERMS OR AN APPLICABLE WRITTEN AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHILLFORCE DISCLAIMS IMPLIED WARRANTIES INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PHILLFORCE DOES NOT WARRANT THAT:

EVERY ANALYSIS WILL BE ERROR-FREE;
EVERY RECOMMENDATION WILL PRODUCE THE INTENDED RESULT;
THE SERVICE WILL ALWAYS BE UNINTERRUPTED;
EVERY THIRD-PARTY DATA SOURCE WILL BE ACCURATE;
EVERY PUBLIC WEBSITE WILL BE ACCESSIBLE FOR ANALYSIS; OR
EVERY MODEL OUTPUT WILL BE COMPLETE OR ACCURATE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS. IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

46. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHILLFORCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THE SERVICES, INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, GOODWILL, OR DATA, EXCEPT TO THE EXTENT SUCH LIABILITY CANNOT LAWFULLY BE LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHILLFORCE'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO PHILLFORCE FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS IMMEDIATELY BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED U.S. DOLLARS (US $100) IF YOU USED ONLY FREE SERVICES. THIS LIMITATION DOES NOT APPLY TO LIABILITY THAT CANNOT LEGALLY BE EXCLUDED OR LIMITED. Some jurisdictions may provide consumers or other users with mandatory rights that override part of this section.

47. Indemnification

To the extent permitted by applicable law, if you use Phillforce on behalf of a business or organization, you agree to defend, indemnify, and hold harmless Phillforce, its affiliates, officers, directors, employees, and agents from third-party claims, damages, liabilities, losses, and reasonable legal costs arising from:

information you submit without the necessary rights or authority;
your unlawful use of the Services;
your material violation of these Terms;
your infringement of another party's rights; or
misuse of Phillforce by users under your control.

This obligation does not apply to the extent a claim was caused by Phillforce's own breach, negligence, willful misconduct, or other conduct for which liability cannot legally be shifted. Consumer users are only subject to this section to the extent permitted by applicable law.

48. Global Availability and Compliance

Phillforce is based in the United States but may be available to users in many countries. You are responsible for complying with laws applicable to your own use of the Services. Phillforce may restrict access to a country, territory, person, organization, or transaction where necessary to comply with applicable sanctions, export controls, trade restrictions, court orders, or other legal obligations. Availability in a country does not mean Phillforce represents that every feature is appropriate or legally available for every use in that country.

49. Mandatory Local Rights

Nothing in these Terms is intended to waive rights that cannot legally be waived. If you are entitled to mandatory consumer, privacy, statutory warranty, cancellation, or other legal protections in your country or state, those protections remain available to the extent applicable. Where a provision of these Terms conflicts with a non-waivable legal right, the mandatory legal rule will control to the extent of the conflict.

50. Governing Law

Except where mandatory local law requires otherwise, these Terms and any dispute arising from or relating to them or the Services are governed by the laws of the State of South Carolina, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

51. Courts and Disputes

Before beginning formal legal proceedings, we encourage you to contact Phillforce at: legal@phillforce.com and give us a reasonable opportunity to understand and attempt to resolve the dispute. Except where applicable mandatory law gives you the right to bring a claim elsewhere, disputes that cannot be resolved informally will be submitted to a court of competent jurisdiction located in South Carolina, United States. Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where reasonably necessary to prevent misuse of intellectual property, confidential information, security systems, or other immediate harm. Nothing in these Terms limits a person's right to contact or complain to a government regulator or other competent authority where such a right exists.

52. Electronic Communications

You agree that Phillforce may provide agreements, notices, disclosures, invoices, account information, and other communications electronically where permitted by law. Electronic communications may be delivered through:

email;
your Phillforce account;
the website;
product notifications; or
another electronic method reasonably associated with the Services.

You are responsible for maintaining a valid email address associated with your account.

53. Notices

Formal legal notices to Phillforce should be sent to: Phillforce, Inc. 8 Wading Bird Loop Blythewood, SC 29016 United States Email: legal@phillforce.com Notices concerning privacy may be sent to: privacy@phillforce.com Security reports should be sent to: security@phillforce.com Phillforce may send notices to the email address associated with your account or through another legally permitted method.

54. Assignment

You may not assign or transfer these Terms or your contractual rights under them without Phillforce's prior written consent, except where applicable law provides otherwise. Phillforce may assign these Terms in connection with:

a merger;
acquisition;
corporate reorganization;
financing;
sale of substantially all relevant assets;
transfer to an affiliate; or
similar legitimate business transaction.

Any assignment remains subject to applicable law.

55. Force Majeure

Neither party will be liable for failure or delay caused by circumstances reasonably beyond its control, except for payment obligations already incurred. Such circumstances may include:

natural disasters;
widespread internet failures;
cloud infrastructure outages;
acts of government;
war;
terrorism;
civil unrest;
labor disruptions;
epidemics or pandemics;
major cyberattacks by third parties;
utility failures; or
similar events.

The affected party should take reasonable steps to reduce the impact where practicable.

56. No Waiver

If Phillforce does not immediately enforce a provision of these Terms, that does not mean we permanently waive the right to enforce it. A waiver is effective only to the extent clearly provided by the party granting it.

57. Severability

If a court or competent authority determines that a provision of these Terms is invalid or unenforceable, that provision will be limited or modified to the minimum extent necessary where legally permitted. The remaining provisions will continue in effect.

58. Entire Agreement

These Terms, together with documents expressly incorporated into them and any applicable order form, proposal, statement of work, subscription agreement, or other written agreement, form the agreement governing your use of the applicable Phillforce Services. They replace prior understandings concerning the same subject matter except where a separate agreement expressly states otherwise.

59. Order of Precedence

If different Phillforce agreements apply and their terms conflict, the following order generally applies unless a signed agreement states otherwise:

A signed negotiated agreement or statement of work;
An applicable order form or specific service agreement;
These Terms of Service;
Incorporated product policies.

A more specific provision controls over a general provision concerning the same subject.

60. Changes to These Terms

Phillforce will evolve, and we may update these Terms from time to time. The “Last Updated” date at the top will identify the current version. For material changes, we may provide notice through:

email;
your Phillforce account;
the website;
an in-product notification; or
another reasonable method.

Where applicable law or the nature of a material change requires renewed agreement, we will request acceptance before the updated Terms become binding for the affected use. Changes will not retroactively remove rights or obligations that cannot lawfully be altered retroactively.

61. Policies Incorporated Into These Terms

The following Phillforce policies may apply to your use of the Services and are incorporated into these Terms where relevant:

Privacy Policy
Acceptable Use Policy
Cookie Policy
AI & Customer Acquisition Intelligence Disclaimer
Subscription, Cancellation & Refund Policy
Account & Data Deletion Policy
Responsible Vulnerability Disclosure Policy

Additional policies may apply to particular Services or integrations.

62. Contact Phillforce

Questions about these Terms may be directed to: Phillforce, Inc. 8 Wading Bird Loop Blythewood, SC 29016 United States Legal: legal@phillforce.com General enquiries: philip@phillforce.com Privacy: privacy@phillforce.com Security: security@phillforce.com Website: phillforce.com

Phillforce, Inc. Clarity before activity.

End of Terms of Service

Terms of Service