Terms of Use

Effective Date: August 6, 2026
Previous version: Terms of Use of January 1, 2026

These Terms take effect on August 6, 2026 and replace the version dated January 1, 2026 from that date. We will email account holders a summary of what changed. If you would rather not accept them, you can close your account in Settings, and we will refund any prepaid, unused fees.

Phi Browser is made by Phinomenon Inc. ("Phinomenon", "we", "us"). These Terms of Use ("Terms") are the contract between you and us covering the Phi Browser application you download from phibrowser.com and the services it connects to. Please read them. If you do not agree with them, do not use Phi.

If you only have one minute, read this

This is the contract for Phi Browser, the app you downloaded from us. It comes down to one idea, and it runs in both directions: do no harm.

Our half is set out properly in the Privacy Policy. We are browser people. We are not interested in who you are, we do not sell ads, and we do not want your data. Phi will always have a free tier and the AI tokens are on us, which is a real bill we pay every month so that you do not have to.

Your half is smaller than you might expect. Use Phi like a person rather than like a script: please do not hammer the service, run one account for a crowd, or resell what we are giving away. Please do not attack the thing you are using, and leave other people's data alone. If you find a security hole, please tell us.

The client source is published, so read it, build it, take it apart. What runs on our servers is ours, and that half is not part of the invitation. A browser you build yourself is welcome to exist; it just flies on its own, because our servers are not part of that deal.

Phi can act for you, and what it does under your instruction is yours, including on the sites that dislike agents and will ban you for using one. AI gets things wrong, so check anything that matters.

Be a happy user, and we get to be happy browser people. Everything below is the detail.

1. What These Terms Cover

These Terms cover the Phi Browser application we build, package, sign and distribute from phibrowser.com, together with the Services it connects to. That packaged application is the product this contract is for. It applies from the moment you install it, and it applies whether or not you sign in.

The Application. The Phi Browser you downloaded from us: the signed, packaged build we ship and update, including everything inside it that we have not published separately.
The Services. The systems we operate and you connect to: account and authentication (account.phibrowser.com), the AI pipeline and related infrastructure (ai-service.phibrowser.com), the connector service and its syncing (ai.phibrowser.com), messaging relays, our analytics and update endpoints (g.phibrowser.com, ota.phibrowser.com, sentinel.phibrowser.com), our APIs, and any other servers, endpoints, or hosted features we provide, together with their documentation.
Proprietary Components. The parts whose source code we do not publish, which remain ours: our server code, the models, prompts and pipelines behind the AI features, and the compiled browser engine framework the Application bundles. That framework is itself downloadable from our repositories as a built binary, so you can obtain it; what we do not ship is its source.

The published source code is a separate thing, and it is not what these Terms govern. We publish the macOS client's source at https://github.com/phibrowser/phibrowser-mac under the Apache License 2.0. Build your own browser from it and the Apache licence gives you your rights in that code; these Terms do not reach what you do with your own build, and we are not trying to.

The other side of that coin: a build you made is on its own. It gets no access to our Services: no account, no AI capacity, no sync, no connectors, no messaging relay. We issue no credentials for it, we do not carry its traffic, and we do not pay for its tokens. It does not get our updates either, because the updater is part of what we ship rather than part of what we publish. Today there is no overlap between the two, which is why these Terms can be about the Application and the Services and nothing else. If we later open Service access to self-built clients, for example by application for an API key, we will publish terms for that at the time and this contract will govern that access.

The Application also bundles third-party open source components, listed in the credits page reachable from About Phi, and the Chromium engine's own components at chrome://credits. Each is licensed to you under its own licence, and nothing in these Terms is meant to touch a right you hold under any of them.

When these Terms say "Phi", they mean the Application and the Services together.

2. The Basics

Signing in is the choice. Phi's first screen offers "Explore Phi without signing in." Take it and Phi is a plain browser with no account and no AI. These Terms still apply to you: you are using the application we built and shipped you, and that is exactly what this contract covers. Sign in or create an account and you get the AI browser, with the AI features on, because that is what the account is for. You can switch them all off again with one setting.
How you accept these Terms: You accept them by an affirmative action, such as choosing to continue on the setup screen that presents these Terms and the Privacy Policy, or when you create an account. We record when you accepted and which version you accepted. If you use Services features that need no account, you accept these Terms by using those features after a reasonable opportunity to read them. For changes, see Section 15.
Eligibility: You must be at least 18 to use the Services. Phi is for adults, and our sign-up age gate enforces this: it asks for your year of birth, and for the full date only where the year alone cannot establish that you are 18.
Your Account: An account is optional, and the AI features, memory, sidebar chat, Phi Link and sync all need one. You promise that the information you provide is accurate and that you will keep your credentials secure. You are responsible for activity on your account. Access to the Services through your account is a limited, revocable, non-transferable permission conditioned on your compliance with these Terms.
Open source, and where the line falls. Phi is open source at its core, and Section 1 sets out exactly what that does and does not mean for this contract. In short: we publish the client's source; our servers, our models and pipelines, and the compiled engine framework ship without source, the framework as a binary only; and this contract is about the application we ship you and the services behind it. It is a deliberate structure rather than an accident, and we would rather draw the line for you than let "open source" cover the whole product and leave you to find the boundary yourself.
Privacy: Our Privacy Policy explains how we handle personal data, including the third-party service providers we use. Please read it. It describes our data practices; it is not a means of obtaining your consent, and your privacy rights under applicable law (including the GDPR) exist independently of these Terms.

3. Acceptable Use

Use Phi for lawful purposes and in accordance with these Terms. You must not use Phi to violate any law, infringe anyone's rights (including intellectual property rights), or harass, defraud, or deceive others.

Rules for the Services. The following rules apply to our Services (our servers, APIs, and hosted infrastructure), not to what you do on your own machine with a browser you built yourself. Except with our prior written authorization, as expressly authorized under our Responsible Disclosure Policy (Section 5), or to the extent a restriction is prohibited by applicable law, you must not:

Probe, scan, fuzz, enumerate, or test the vulnerability of the Services, or conduct any penetration testing, load testing, or other security testing of the Services.
Breach or circumvent any authentication, authorization, encryption, rate-limiting, or other technical or security measure of the Services, including any protective measures or safety mitigations on our AI features.
Access or attempt to access non-public, internal, or undocumented endpoints, systems, accounts, or data, or enumerate accounts, identifiers, or endpoints.
Use, share, forge, or replay credentials, tokens, or API keys other than those issued to your own account, or deceptively misrepresent the identity or nature of your client software in order to evade our authentication, security, or anti-abuse systems.
Use bots, scripts, scrapers, or other abusive automated means to scrape, harvest, or mass-extract data or Output from the Services, or access the Services programmatically at volumes or in patterns designed to evade our published rate limits, except through our documented APIs and within those limits.
Intercept, monitor, or modify traffic between the Services and any user other than yourself.
Interfere with other users' use of the Services, or impose an unreasonable load on our infrastructure.
Misappropriate the Services by systematically extracting our data, output, or service responses through automated means in order to replicate the Services or to assemble datasets for training competing models.

Rules for the AI features. These apply on top of the rules above, because AI capacity is a shared resource we pay for and a safety surface we are accountable for. You must not:

Use the AI features to create or distribute unlawful material, malware, or content that sexually exploits children, or to harass, defraud, impersonate, or stalk anyone.
Attempt to extract our system prompts, model configuration, or internal instructions, or work around the safety mitigations on our AI features, whether by prompt injection, jailbreak techniques, or otherwise.
Feed our AI features content designed to make them attack, mislead, or extract data from us, another user, or a third party.
Resell, sublicense, or redistribute access to the models we provide, or put our AI capacity behind your own product or API.
Run one account's allowance across many users, or open multiple accounts, to get around limits.

Some of these are also breaches of the model provider's own terms, which apply to you directly (see Section 7).

Self-built clients. The source is published, so build and run your own if you want to. We are not against it and these Terms do not govern what you do with it. It simply does not come with our Services attached: we issue no credentials for a self-built client, and our servers, our AI capacity and our token bill are not part of it. What you must not do is try to take Service access anyway, by presenting a build of your own as the application we distribute in order to get past our authentication or anti-abuse systems. That is deception, and it is a breach of these Terms.

Not a non-compete. The restriction on systematic extraction above is about misappropriation through automated extraction, not about who you are. Working for, building, or operating a competing product does not by itself make your ordinary use of the Services a violation. And nothing in these Terms restricts what anyone builds from the published source, which its licence expressly permits, nor does inspecting the traffic between your own device and our Services.

4. Reverse Engineering of Proprietary Components

This section applies only to the Proprietary Components and the Services. The open source client is yours to study, modify, and rebuild under its licence, and nothing here restricts that. Nothing in this section limits any right granted by an applicable open source licence with respect to code covered by that licence. Our Proprietary Components and the Services are different. Except to the extent this restriction is prohibited by applicable law (including, without limitation, your rights of observation, study and testing under Article 5(3) and your right to decompile for interoperability under Article 6 of Directive 2009/24/EC, and equivalent national laws, which we do not attempt to waive because they cannot be waived), you must not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, models, algorithms, internal logic, or other underlying components of the Services or of any Proprietary Components. You must not misappropriate, copy, or distribute our proprietary source code.

What this section does not cover. This section does not restrict anything permitted by Section 3 or Section 5. In particular, black-box observation of your own device and your own network traffic (for example, watching, logging, or analyzing the requests your own client sends and the responses it receives), studying the open source client, and lawful observation, study, or testing for interoperability purposes are expressly outside the scope of this section and are not an attempt to "derive" anything within the meaning of this section. Nothing in this section limits rights granted by an applicable open source license.

5. Security Research and Responsible Disclosure

We welcome good-faith security research. You are always free to study the open source client and to observe your own device and your own data.

Limited authorization. We hereby grant you limited authorization to perform good-faith security testing of the Services against your own account and your own data, notwithstanding Sections 3 and 4, provided that you comply with all of the following rules:

Do not access, modify, or delete data belonging to other users.
Do not disrupt the Services or degrade them for others (no denial-of-service, load, or volumetric testing against production systems).
Limit any proof of concept to the minimum necessary, and do not retain or exfiltrate data beyond it.
Report any vulnerability you find promptly, using the security address in Contact Us with "Security" in the subject line.
Give us 90 days from your report to investigate and ship a fix before you disclose publicly. If we fix it sooner we will tell you and you are free to publish. If we need longer we will say why and agree a date with you rather than go quiet.

Testing that complies with this section is authorized use of the Services under these Terms. Testing outside these rules (for example, against other users' data or in a way that disrupts the Services) remains subject to Sections 3 and 4 and requires our prior written authorization.

Safe harbor: For security research conducted in good faith and in compliance with this section, we will not initiate or support any legal action against you, including claims for breach of these Terms, claims under the Computer Fraud and Abuse Act or equivalent computer-misuse laws, or claims under Section 1201 of the DMCA, and we will consider such research authorized. Authorization for testing already performed in good faith is not revoked retroactively by a later disclosure dispute; in such a dispute we will first seek dialogue, not claims. If a third party brings an action against you for research that complied with this section, we will make it known that your research was authorized.

6. Automation, Agents, and the CLI

Phi does not only render pages. It can act: browse, fill forms, click, run scheduled tasks, and take instructions from an AI agent, in the browser, through Phi Sentinel, or through the Phi CLI. That capability is the point of the product, and it changes who is responsible for what.

What Phi does under your instruction is yours. When you tell Phi, or an agent driving Phi, to do something, you are doing it. That applies on our Services and on every other site it touches. The terms of those sites still bind you, and we are not a party to them.
You must not use Phi's automation to do what you could not do by hand. No bypassing another site's access controls, paywalls, sign-in walls, or anti-bot measures; no scraping at a scale or rate the operator prohibits; no creating accounts in anyone else's name; no automated activity that a site's terms forbid.
Consequential actions are yours to authorise. Phi can buy things, send messages, submit forms, and change settings on services you are signed in to. Review what it is about to do before you let it. We do not warrant an agent's judgement, and we are not liable for actions you authorised it to take. Where Phi asks you to confirm, that confirmation is yours.
Credentials. If you let Phi use saved credentials or a password manager to sign you in somewhere, you are authorising that use for that purpose. Keep control of the machine Phi runs on: anyone who can drive your Phi can act as you.
Developer mode and the CLI. Enabling the Phi CLI or developer mode opens an automation interface on your own machine. It is off by default for ordinary installs, and turning it on is your decision and your responsibility to secure. Do not expose it to a network you do not control.
Some sites do not want agents, and they will act on it. A great many sites treat automated access as a threat to their business, because their content is their business, and they detect it aggressively. Reddit is the well-known example: accounts identified as automated get restricted or banned, and that call is theirs to make, not ours. Point Phi's automation at a site that does not welcome it and you can lose your account there, your history, and anything you kept in it. That risk is yours. We build a capable tool; where you aim it is your decision, and we cannot carry the consequences of aiming it somewhere unwelcome. If it goes wrong, it is not something we can appeal or undo on your behalf.
Third-party agents. You may point your own agent, script, or tooling at Phi. Doing so does not make us responsible for what that agent does, and it does not exempt it from these Terms: the rules in Section 3 apply to traffic your agent generates exactly as they apply to you.

7. Content and AI Features

Your Content: You own the data and content you create or upload ("User Content"). You grant us the license we need to operate Phi for you, for example to store, sync, and display your content on your devices and to process it through the features you use.
AI training: We do not collect your prompts, conversations, or page content, and we do not use your content to train AI models, ours or anyone's. The model providers behind Phi Cloud do not use API traffic for training by default, and where they offer an additional no-training control we have enabled it.
Phi Content: We own the Services, our Proprietary Components, and our trademarks, logos, and branding. Publishing the client's source code under an open source license does not grant any rights in our trademarks or in the Services. You may not copy, sell, or misuse them except as these Terms or an applicable license allow.
AI Output: You own the responses generated for you ("Output"), to the extent they can be owned at all. AI can be confidently wrong, and Output may be inaccurate, out of date, offensive, or identical to what another user received. Verify anything that matters before relying on it, and do not treat Output as legal, medical, financial, or other professional advice.
The model provider's terms apply to you too. When you use Phi Cloud, your request is transmitted to the provider of the model that serves it, and your use of that model is subject to that provider's own terms and acceptable use policy as well as these Terms. We facilitate that exchange; we are not that provider.
Private AI. If you enable Private AI in Phi Sentinel and bring your own API key or run your own model, that relationship is between you and your provider, or entirely on your own machine. We are not a party to it, we do not carry it, and the fair-use limits in Section 9 do not apply to it. What runs on your hardware is yours to manage, including its cost, its output, and its security.
Skills: Skills are reusable instructions you write for your assistant. The ones you create are yours, they are stored with your data, and you can edit or delete them at any time. Built-in Skills we provide are ours, and you use them as part of the Services. Sharing Skills with other users is something we expect to add. When it arrives, sharing a Skill will grant each recipient a non-exclusive, worldwide, royalty-free licence to use, run, and adapt it for their own use of Phi, and will grant us the licence we need to host and distribute it for that purpose. Recipients will not be able to sublicense or redistribute it outside Phi. Deleting a shared Skill will stop new distribution, though anyone who already has a copy may keep using it. We are setting these terms out now so the feature can ship without asking you to agree to something all over again. We may remove any Skill that breaks these Terms.
Feedback: If you send us ideas, bug reports, or suggestions, we may use them to improve Phi without any obligation to you and without them becoming confidential. You keep whatever rights you already had in them; you are simply not charging us for the suggestion.
Pre-release builds: Canary and other pre-release builds are provided for testing. They are less stable, may change without notice, may lose data, and may be discontinued. Everything in Section 12 about disclaimers applies to them with particular force.

8. Third-Party Links and Services

Phi lets you access the whole internet. We are not responsible for third-party websites, extensions, or services you visit or connect. Use them at your own risk. If you connect third-party accounts through our data connectors, you are responsible for having the right to sync that content.

Password managers. Phi does not include a password manager, and we removed the one Chromium ships with, because on its own it has no sync and no breach monitoring, and the Google services that make it worth having are restricted to Google Chrome. Passwords in Phi are therefore handled entirely by software you choose: iCloud Passwords, which comes with macOS, or 1Password, Bitwarden, Dashlane, or any other extension you install. Each of those is a separate product from a separate company. Their terms and their privacy policy govern them, not ours. We provide the container they run in. We do not store, sync, or see your passwords, and we cannot help you recover them.

The agent vault. If you turn on the optional agent vault, the vault service is Bitwarden's and your relationship for it is with Bitwarden, under Bitwarden's terms and privacy policy. You choose whether your vault sits on bitwarden.com, on bitwarden.eu, or on a Bitwarden server you host yourself, and that choice is yours to make on its merits, including where your data rests. Phi's part is to unlock your vault in a separate helper process on your Mac and to pass a single credential to an agent when you approve that specific request. We do not receive your vault or your master password, and we do not carry either to our servers. If Bitwarden changes its service, prices it differently, or has an outage, that is between you and Bitwarden.

9. Free Tier, Fair Use, and Paid Features

Fees: Phi is free to use today, and Phi will always have a free tier. Some features may require payment in the future ("Paid Features").
Fair use of AI features. The AI features in Phi Cloud run on model tokens that we purchase, and tokens cost real money. So that a free product stays free for everyone, AI usage is subject to reasonable limits:
- We may apply rate limits, usage quotas, and throttling to AI features, and adjust them over time. Where practical we will surface limits in the product rather than surprise you.
- Enforcement is based on metering, not content: we count tokens per model (see the Privacy Policy); we do not read your conversations to police usage.
- You must not use the AI features for unlawful purposes, to resell or redistribute model access, to circumvent limits (including by automated means or multiple accounts), or otherwise in a way that abuses a shared free resource.
- If usage indicates abuse, we may throttle, suspend, or terminate access to AI features, and in serious cases the account, as described in Section 10.
Billing: We use Stripe, Inc. to process payments. By subscribing, you agree to their terms and authorize us to charge your payment method.
Renewal: Subscriptions renew automatically unless you cancel via your account settings before the current period ends. Where required by law, we will remind you before renewal.
Refunds: Payments are generally non-refundable. However, if you are a consumer in the EEA, the UK, or another jurisdiction with mandatory withdrawal or refund rights, those rights apply notwithstanding this section.
EU and UK 14-day right of withdrawal: If you are a consumer in the EU or the UK, you have a 14-day right of withdrawal from a paid purchase, with two distinct rules:
- Digital content not supplied on a tangible medium (for example, a one-time purchase of downloadable content): you lose the right of withdrawal only if you (a) expressly consent to supply beginning before the 14-day period ends, and (b) acknowledge that you thereby lose your right of withdrawal, and (c) we provide you confirmation of that consent and acknowledgment on a durable medium.
- Digital services (for example, an ongoing subscription to hosted Paid Features): you keep the right of withdrawal until the service has been fully performed, and only lose it on full performance if performance began with your prior express consent and your acknowledgment that you lose the right once the service is fully performed. If you withdraw after asking us to begin during the withdrawal period, you owe a proportionate amount for what was supplied before withdrawal, and we refund the rest.
- Where we sell you something covered by these rules, our checkout will ask for the express consent and acknowledgment each category requires and send you confirmation on a durable medium. Until it does, we will honour a withdrawal request as if you had never given up the right.

10. Service Availability, Changes, Suspension, and Termination

Availability: We work to keep the Services up, but we do not promise uninterrupted availability. We may change, add, or discontinue features of the Services. If we discontinue a Paid Feature you have paid for, we will refund prepaid, unused fees on a pro-rata basis.
Suspension and termination by us: We may throttle, suspend, or terminate your access to the Services if we reasonably believe you have violated these Terms, pose a security risk to the Services or other users, or where required by law. If you are a consumer, we will give you prior notice, the reason (unless the law prevents us from giving it), and a reasonable opportunity to remedy the issue before termination, except where immediate action is required by a serious violation of these Terms, a security threat, or a legal requirement. For non-consumer accounts we will do the same where practicable.
Termination by you: You may stop using Phi at any time and delete your account in Settings. The open source client remains yours to use under its license regardless of the status of your Services account.
Survival: Sections concerning intellectual property, disclaimers, limitation of liability, indemnity, dispute resolution, and general terms survive termination.

11. Copyright Infringement (DMCA)

We respect intellectual property. This section applies to content hosted on our Services, such as User Content synced to or stored on our servers, and shared Skills once sharing arrives. It does not apply to third-party websites you merely view through the browser; for those, contact the operator of the website or its hosting provider.

Notices of infringement. If you believe content hosted on our Services infringes your copyright, send a notice to our Designated Agent at the copyright address in Contact Us, or to our mailing address there marked for the attention of the Designated Agent. Include:

Your physical or electronic signature.
Identification of the copyrighted work and the infringing material, with enough detail for us to locate it.
Your contact info.
A statement that you have a good faith belief the use is unauthorized by the copyright owner, its agent, or the law.
A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act for them.

Counter-notifications. If your content was removed and you believe it was removed by mistake or misidentification, you may send our Designated Agent a counter-notification including: (1) your physical or electronic signature; (2) identification of the removed material and where it appeared before removal; (3) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; (4) your name, address, and phone number; and (5) a statement that you consent to the jurisdiction of the federal district court for your address (or, if outside the United States, the Central District of California) and that you will accept service of process from the person who filed the original notice. If we receive a valid counter-notification, we will forward it to the original claimant and may restore the material in 10 to 14 business days unless the claimant notifies us that they have filed a court action seeking to restrain the infringement.

Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.

12. Disclaimers and Limitation of Liability

"As is": Phi is provided "as is." We make no warranties that it will be perfect, error-free, or meet your specific requirements.
Liability cap: To the fullest extent permitted by law, Phinomenon Inc. is not liable for indirect damages (like lost profits or data). Our total liability to you is limited to the greater of $100 or the amount you paid us in the last 12 months.
EEA, UK, and Swiss consumers: The liability cap and the exclusion of indirect damages above do not apply to you. Instead, our liability to you is governed by the statutory rules of your country of residence, and we are liable in accordance with those rules, including for damage caused by our breach of these Terms or our legal obligations to the extent those rules provide.
What we never exclude: Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for intent or gross negligence where applicable law so provides. If you are a consumer, you may have statutory rights and remedies that these Terms do not affect.
Indemnity: You agree to indemnify (hold us harmless) against third-party claims resulting from your misuse of Phi or your violation of these Terms, except to the extent such an obligation is unenforceable against you as a consumer under applicable law.

13. Dispute Resolution

Please read this carefully. It affects how disputes are resolved. It does not apply in full if you are a consumer in the EEA, the UK, or Switzerland (see "EU, UK, and Swiss consumers" below).

Informal resolution first: Before filing any claim, you and we agree to try to resolve the dispute informally for 60 days. Send a written notice to the legal address in Contact Us. Any applicable statute of limitations, and any contractual deadline to bring a claim, is tolled during this 60-day period. This precondition does not apply to consumers habitually resident in the EEA, the UK, or Switzerland asserting claims based on statutory consumer or data protection rights; for those claims we encourage, but do not require, contacting us first.
Small claims: Either you or we may bring an individual claim in small claims court instead of arbitration, if the claim qualifies for that court.
Mandatory arbitration: Except as set out in this section, any dispute between you and Phinomenon Inc. arising from these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, not in court. There is no judge or jury in arbitration.
Hearing location and format: The arbitration will be conducted in accordance with the AAA Consumer Arbitration Rules, which provide for a hearing location reasonably convenient to you (including your county of residence) or, where appropriate, by videoconference, telephone, or on written submissions.
Arbitration fees: If you are a consumer, you pay only the AAA consumer filing fee (or, if lower, the amount you would pay to file the claim in court), and we pay all remaining AAA filing, administrative, and arbitrator fees, except where the arbitrator finds under the AAA rules that your claim was filed for purposes of harassment or is patently frivolous.
Class action waiver: Except as set out below, you and we each waive the right to participate in a class action lawsuit or class-wide arbitration; claims proceed on an individual basis only.
Public injunctive relief: The class action waiver and this arbitration agreement do not waive, and the arbitrator will not decide, any claim for public injunctive relief where applicable law (including California law under McGill v. Citibank) makes that right non-waivable. If you seek public injunctive relief, that request will be decided by a court of competent jurisdiction after the arbitration of all arbitrable claims and remedies is complete, and the parties will jointly ask the court to stay the public-injunctive-relief request until then.
Severability specific to this section: If the class action waiver is found unenforceable as to a particular claim or remedy, then that claim or remedy (and only that one) must be severed from arbitration and may proceed in court, while all remaining claims proceed in individual arbitration. If any other part of this Section 13 is found unenforceable, it will be severed and the rest of the section remains in effect. This clause-specific rule controls over the general severability clause in Section 16.
Mass arbitration protocol: If 25 or more arbitration demands of a substantially similar nature are filed against us by or with the assistance of the same or coordinated counsel or organizations, the parties agree the demands will be administered under the AAA's mass arbitration procedures then in effect or, if none apply, resolved in staged batches: the parties will each select an equal number of demands (up to 10 per side) to proceed first as bellwethers, the remaining demands will be held in abeyance (with filing fees deferred and limitation periods tolled for held demands), and after each batch resolves the parties will engage in a global mediation before further batches proceed. If your held demand has not been reached within 180 days of being placed in abeyance, you may withdraw it and proceed in individual arbitration or in a court of competent jurisdiction.
Venue for court actions: Any court action that this section permits against a non-consumer, and any action to compel or confirm arbitration, will take place in Los Angeles County, California, or another mutually agreed location. If you are a consumer, any court action this section permits you to bring may also be brought where you reside if applicable law gives you that right.
Opt-out: You may opt out of this arbitration agreement and the class action waiver, with no effect on any other part of these Terms, within 30 days of first accepting these Terms, by sending a written notice with your name and account email to the legal address in Contact Us, or by mail to our address there.
EU, UK, and Swiss consumers: If you are a consumer habitually resident in the EEA, the United Kingdom, or Switzerland: (a) the mandatory arbitration agreement and the class action waiver above do not apply to you; (b) the 60-day informal-resolution precondition does not apply to your statutory claims (see "Informal resolution first" above); (c) you benefit from any mandatory provisions of the law of your country of residence; (d) you may bring proceedings arising from these Terms in the courts of your place of residence; and (e) we may bring proceedings against you only in the courts of your place of residence. Nothing in these Terms limits your right to lodge a complaint with a data protection supervisory authority under Article 77 GDPR or equivalent law, or to use available consumer dispute resolution bodies in your country.

14. Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. If you are a consumer, this choice of law does not deprive you of the protection of mandatory provisions of the law of the country where you habitually reside, and does not restrict rights you have under those laws.

15. Changes to These Terms

We may update these Terms as Phi evolves. If we make material changes, we will notify you at least 30 days before they take effect (for example, by email or an in-product notice). Your continued use of the Services after the changes take effect constitutes acceptance of the updated Terms; for material changes to the Dispute Resolution section we will ask for your affirmative acceptance rather than treat continued use as agreement. If you do not agree with the updated Terms, you may terminate your account and stop using the Services before the changes take effect; for Paid Features, we will refund prepaid, unused fees if you terminate because of a material change you do not accept. Changes will not apply retroactively.

16. General Terms

Severability: If any provision of these Terms is held unenforceable in a jurisdiction, it will be enforced there to the maximum extent permitted and the remainder of the Terms stays in effect, except that disputes about Section 13 follow the clause-specific severability rule stated there. Unenforceability of a provision in one jurisdiction does not affect its validity in others.
Entire agreement: These Terms, together with any applicable open source licences, are the entire agreement between you and us about Phi. The Privacy Policy describes how we handle personal data; it is a transparency document rather than part of this contract, and your rights under privacy law do not depend on it.
Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets, with notice to you.
No waiver: Our not enforcing a provision is not a waiver of it.
Force majeure: We are not liable for delays or failures caused by events beyond our reasonable control.
Export compliance and sanctions: You must comply with applicable export control and sanctions laws. You may not use the Services if you are located in, ordinarily resident in, or acting on behalf of a person in a country or region subject to comprehensive sanctions, or if you appear on a restricted-party list. You must not make the Services available to anyone in that position.
Trademarks and forks. The Apache License 2.0 grants you rights in our code. It does not grant rights in our name, our logo, or our branding, and it expressly says so. If you distribute a modified build, give it your own name, remove our marks, and do not present it as Phi or imply that we made, reviewed, or endorse it. We will not chase anyone for building and running their own copy; we will act on someone shipping something under our name that is not ours.
Open source supremacy (restated): Nothing in these Terms will be construed to limit any rights granted to you under the open source licenses applicable to the Phi Browser client or its bundled components.

17. Contact Us

Phinomenon Inc.

Email:

General inquiries and security reports: hi [at] phi.cc
Legal notices: legal [at] phi.cc
Copyright (DMCA): dmca [at] phi.cc
Privacy inquiries and rights requests: privacy [at] phi.cc
Data protection contact: dpo [at] phi.cc

Mailing address (US):
Phinomenon Inc., 324 S Diamond Bar Blvd, Unit Num 717
Diamond Bar, CA 91765, United States

UK representative (UK GDPR Article 27):
Fyde Innovations Ltd
124 City Road, London, EC1V 2NX, United Kingdom

EU representative (GDPR Article 27):
BizLegal Limited, trading as EU Rep
27 Cork Road, Midleton, Co. Cork, Ireland (company number 635921)

The representatives above are appointed for data protection purposes. For anything under these Terms, write to us directly at the addresses above.