Terms of Service

Effective: March 24, 2025

Welcome to Phi! 🌟

Hello and welcome to Phi! We're thrilled to have you with us. Here are some friendly highlights of our Terms of Service:

What Phi Is (and Isn't)

Health Insights: Phi's mission is to improve your healthspan with AI companions, advanced supplements, and more.
Not a Doctor: Phi isn’t a substitute for professional medical advice. Always consult a healthcare provider for medical concerns.

Joining Phi

Age and Residency: You must be at least 13 years old and live in the US.
Respect in Community: Be kind and respectful in our forums and chats.

Your Privacy and Data

Privacy First: We protect your personal information and privacy.
Your Content: You own the data you provide. We use it to enhance our services.

Playing by the Rules

Legal Use: Don’t use Phi for illegal or harmful activities.
Intellectual Property: Respect others’ content and intellectual property.

To ensure that you fully understand and agree to our terms, please continue reading the detailed sections below. This comprehensive document will provide you with all the necessary information regarding your use of our services, your responsibilities, and the policies we adhere to.

By continuing to use Phi’s Services, you confirm that you have read, understood, and agreed to these Terms of Service in full.

1. Introduction

These Terms of Service (the “Terms”) govern your use of our services, including our websites, apps, forums, messages, and more (collectively, the "Services"), operated by Phi Health Sciences, Inc., a Delaware company (referred to as "Phi," "we," "us," or "our").

By using our Services, you agree to the following:

You have read, understood, and agree to these Terms..
You are of legal age to form a binding contract with Phi.
You live in the United States.
You will answer any questions posed to you within the Services honestly and to the best of your knowledge.
Your use of our Services is entirely voluntary.

⚠️ Important Note: Phi is not a substitute for, and does not provide, professional medical advice, diagnosis, or treatment. Our Services do not replace your relationship with any doctor or other qualified healthcare provider and may not be appropriate for all medical conditions or concerns. If you think you may be having a medical emergency, call your doctor or 911 immediately.

⚠️ Dispute Resolution: The section entitled "Dispute Resolution" contains an arbitration agreement which will, with limited exceptions, require disputes between you and Phi to be submitted to binding and final arbitration. Unless you opt out of the arbitration agreement, you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. You are waiving your right to seek relief in a court of law and to have a jury trial on your claims. Any dispute or claim relating in any way to your use of our Services will be governed and interpreted by and under the laws of the State of Utah, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

Remember to read our Privacy Policy to understand how we handle your personal information.

If you do not agree to these Terms, please do not use our Services.

2. Definitions 📚

"Content": Refers to both Input and Output.

"Input": Information you provide to the Services.

"Output": Information generated by the Services based on your Input.

"Personal Data": Any information relating to an identified or identifiable individual.

"Third-party Services": Content, materials, information, or links to services or websites related to health or wellness provided by third parties.

"User-generated Content": Content created by users, including public dashboards and profile pictures.

3. Eligibility and Account Registration

3.1. Minimum Age

You must be at least 13 years old to use the Services. If you are under 18, you must have your parent or legal guardian's permission.

3.2. Residency

Our Services are currently only offered and intended for individuals residing in the United States.

3.3. Account Registration

To use certain Services, you may need to create an account. You must provide accurate and complete information when registering. You are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf.

3.4. Account Security

You are responsible for maintaining the confidentiality of your account credentials. Notify us immediately of any unauthorized use of your account.

3.5. Modifications to Service

Phi reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Phi will not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

4. Products and Services

Phi develops products and services with the goal of increasing your healthspan, which is the amount of time you maintain a well-functioning body and mind.

4.1. AI Companions

Phi operates a platform providing you with access to AI companions uniquely informed by your data. These companions offer features including:

Journaling and tracking aspects of your health.
Brainstorming ways to improve your health.
Summarizing aspects of your health which you have previously shared.

⚠️ Phi Products and Services do not make any medical diagnoses. If you are concerned about your health, seek the advice of a medical professional. In case of an emergency, contact emergency services immediately.

⚠️ Always consult your doctor or another qualified healthcare provider if you have any questions regarding medical issues. You should never disregard a doctor’s professional advice or cancel an appointment with a doctor based on information you have read or heard on Phi Products or Services.

4.2. Supplements

Phi offers advanced nutritional supplements, including an innovative microencapsulated supplement using pharmaceutical-grade ingredients. Our microencapsulation process aims to ensure optimal absorption and bioavailability of carefully selected ingredients.

⚠️ Always consult your physician or other qualified healthcare provider before taking any dietary, nutritional, herbal, or similar supplement or product, or starting any new treatment.

4.3. Forums, Group Chats, and Direct Messages 💬

Phi provides public forums and tools for discussions where users can engage in discussions about health, wellness, and other topics. Phi offers a community-driven platform where users can share experiences, ask questions, and provide support to one another.

Guidelines and Rules: To maintain a safe and constructive environment, users must adhere to the forum guidelines and rules, which include avoiding offensive language, respecting other members, and not sharing any personal health information that could be misused.

Moderation: The forum is moderated to ensure compliance with these guidelines. Posts that violate the rules may be deleted, and users who repeatedly breach the guidelines may be suspended or banned from the forum.

Privacy and Conduct: Users must respect the privacy of other participants and conduct themselves respectfully. Personal attacks, harassment, and sharing of confidential personal health information are strictly prohibited.

Disclaimer: Phi provides a platform for community discussions, but we are not responsible for the content of any posts made by users in the forum or group discussions. The views and opinions expressed in these posts are those of the authors and do not necessarily reflect the official policy or position of Phi. Posts should not be considered medical advice. Users are solely responsible for their own posts and any consequences arising from their participation in discussions. Phi expressly disclaims any and all liability in connection with user-generated content. Always consult a qualified healthcare professional for medical concerns.

4.5. Health Content

Phi provides dedicated pages covering a wide range of health-related topics.

Informational Purposes: The content on these health pages is intended for informational purposes only and should not be construed as medical advice. Always seek the guidance of a qualified healthcare professional for medical concerns.

Content Accuracy: Phi strives to provide accurate and up-to-date information, but users should verify the information with trusted medical sources or professionals.

4.6. Important Notice About Our Products and Services 🚨

Consult with a physician or other healthcare provider before using any Phi Products or Services, particularly if you:

Are pregnant or nursing.
Have an upcoming surgery.
Are taking any medications.
Have a known history of medical conditions, illnesses, or other health concerns.
Are under medical supervision.

By purchasing and using our Product, you acknowledge and agree that you do so voluntarily and at your own risk. You are solely responsible for determining whether our supplement is suitable for your personal health circumstances, including potential interactions with other medications or supplements you are taking.

⚠️ The statements made about the products and services provided by Phi have not been evaluated by the US Food and Drug Administration (FDA). These products are not intended to diagnose, treat, cure, or prevent any diseases.

5. User Responsibilities and Conduct

When using our Services, you agree to:

5.1. Comply with all applicable laws and regulations.

5.2. Comply with our Usage Policies and any other documentation, guidelines, or policies we make available to you.

5.3. Not use our Services for any illegal, harmful, or abusive activity, including but not limited to:

Infringing on anyone's rights
Modifying, copying, leasing, selling, or distributing any of our Services
Reverse engineering or attempting to discover the source code of our Services
Automatically or programmatically extracting data or Output
Representing that Output was human-generated when it was not
Interfering with or disrupting our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services
Using Output to develop models that compete with Phi

5.4. Not create multiple accounts to abuse free services.

5.5. Not engage in harassment, abusive behavior, or misconduct.

5.6. Not provide false information.

5.7. Not attempt unauthorized access to our systems or other users' accounts.

5.8. Not distribute spam or malicious content.

5.9. Not consume excessive resources that disrupt normal operations of our Services.

5.10. Not use our Services to break any laws or assist in committing cybercrime.

5.11. You agree to use our Product strictly in accordance with the accompanying instructions and any guidelines provided on our website or other official materials. Failure to adhere to these instructions may increase the risk of adverse effects and reduces any responsibility or liability we might otherwise have.

6. Content

6.1. Your Content

You are responsible for any Content you provide to our Services, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

6.2. Ownership of Content

Between you and Phi, and to the extent permitted by applicable law:

You retain ownership rights over the Input you provide.
You own the Output generated from your Input.

Phi also retains the rights to use both the Input and Output as described in these Terms.

Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar output from our Services. Our assignment above does not extend to other users’ output or any Third-party Output.

6.3. Our Use of Content

By using the Services, you grant to Phi a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid and fully sublicensable right, including any moral rights, and license to use, license, distribute, reproduce, modify, publicly perform, publicly display, transfer, create derivative works of, and otherwise commercially or non-commercially use Content in any manner determined solely by Phi.

We may use Content to:

Provide, maintain, develop, and improve our Services
Conduct medical research
Comply with applicable law
Enforce our terms and policies
Keep our Services safe

6.4. Accuracy of Content

You understand and agree that:

Output may not always be accurate
You should not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice
You must evaluate Output for accuracy and appropriateness for your use case
You must not use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them
Our Services may provide incomplete, incorrect, or offensive Output that does not represent Phi's views

6.5. User-generated Content

Users can create public dashboards and upload profile pictures. Such content must not be:

Offensive, hateful, defamatory, or discriminatory
Violating privacy or intellectual property rights
Illegal or promoting illegal activities

6.6. Feedback

Submission of Feedback and Testimonials: We welcome your feedback, comments, and suggestions about our Products and Services (“Feedback”), as well as any testimonials or reviews you choose to share regarding your experience with Phi (“Testimonials”). By submitting, posting, or otherwise providing Feedback or Testimonials to us, you represent and warrant that (a) you have all necessary rights and authority to do so, (b) the content is accurate and lawful, and (c) our use of such content does not and will not infringe or violate any third-party rights.

License and Permission to Use: You hereby grant Phi and its affiliates a worldwide, perpetual, irrevocable, royalty-free, fully transferable, and sublicensable right and license to use, reproduce, distribute, display, publish, perform, adapt, modify, create derivative works of, and otherwise exploit any Feedback or Testimonials you provide, in any format or medium now known or hereafter developed. Phi may use your Feedback or Testimonials for any lawful purpose, including but not limited to product or service improvements, marketing, promotional materials, and customer communications, without further notice or compensation to you.

Attribution: In connection with the use of any Feedback or Testimonials, Phi may identify you by name, business name, username, or other reasonable means, unless you specifically request in writing that your identity remain anonymous or confidential. You acknowledge that Phi may edit or alter any Feedback or Testimonials for clarity, brevity, or compliance with our standards.

Waiver of Claims: You agree that Phi has no obligation to use, post, or respond to any Feedback or Testimonials you provide. To the maximum extent permitted by law, you waive any and all claims against PHI Health arising from or related to the use or non-use of your Feedback or Testimonials, including any claims for moral rights, infringement, misappropriation, or attribution.

7. Privacy and Data Security

Protecting your privacy and any data relating to you (hereinafter referred to as "Personal Data") is immensely important to us. For that reason, any of your Personal Data generated by the use of the Phi Products and Services will only be collected, stored, and processed by us in compliance with applicable privacy laws, including those with respect to personal health information.

7.1. We collect and analyze all data you enter into the system.

7.2. Third parties may store and process this data.

7.3. By using the service, you consent to data collection and processing as described in our Privacy Policy.

7.4. You have rights to access, correct, and delete your Personal Data.

For more information on how we collect, use, and protect your data, please refer to our Privacy Policy.

8. Copyright Complaints ©️

If you believe that your intellectual property rights have been infringed, please send notice to us via the contact information provided in Section 16.6. We may delete or disable content alleged to be infringing and will terminate accounts of repeat infringers where appropriate.

Written claims concerning copyright infringement must include the following information:

A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the allegedly infringing material is located on our site.
Your address, telephone number, and e-mail address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.

9. Purchases

9.1. Purchases

If you wish to purchase any product or service through our Services, you may be asked to supply certain information relevant to your Purchase, including your credit card details, expiration date, billing address, and shipping information.

You represent and warrant that:

You have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase.
The information you supply to us is true, correct, and complete.

9.2. Shipping Policy 🚚

Please allow 3-5 business days to ship after your order has been placed. Some orders may take an additional 36-48 hours to process if additional information is needed from you. Once shipped, you will receive a Shipment Confirmation email with a tracking number. Orders may be split across multiple shipments, and items ordered together may not be shipped on the same day. For out-of-stock items an email with information will be sent.

Please note that the quoted shipping time from the carrier is only an estimate and applies only to deliveries made within the contiguous US. Transit time may vary for orders shipping to Alaska, Hawaii, Puerto Rico and all other destinations outside of the contiguous US. Shipments may see an extended delay following a sale or other unexpected conditions.

9.3. Subscriptions 🔄

Phi offers products that can be purchased through a subscription ("Subscription(s)"), which will automatically renew unless canceled.

Key points about Subscriptions:

You will be billed in advance on a recurring and periodic basis ("Billing Cycle").
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Phi cancels it.
You may cancel your Subscription renewal through your online account management page.
Should automatic billing fail to occur for any reason, Phi will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

9.4. Payment Processing 💳

Phi uses third-party payment processors to capture payments. By submitting payment information, you authorize Phi to charge all Subscription fees incurred through your account to any such payment instruments.

9.5. Pre-Orders

Preorders are a great way to reserve items that are not yet available. Here’s everything you need to know:

Making a Preorder

When you place a Preorder, you are making an offer to purchase the item once it becomes available.
You'll need to pay the full price upfront to secure your Preorder.
Once the preordered item is in stock, we’ll ship it to you within 3-5 business days. 📦

Cancellation and Refund

You can cancel your Preorder at any time before we send you a dispatch notice (the "Dispatch Notice") and receive a full refund.
We reserve the right to cancel your Preorder at any time before the Dispatch Notice, and in such a case, you will also receive a full refund.

Important Notes

Placing a Preorder does not guarantee the availability of the item; it’s based on the item's production and release schedule.
Release dates are subject to change. We can’t be held responsible for any modifications to the release dates or Preorder windows we advertise.
All terms and conditions applicable to regular purchases also apply to Preorders unless specifically modified here.

9.6. Free Trials

Phi may offer a Subscription with a free trial for a limited period of time ("Free Trial"). If you enter your billing information when signing up for a Free Trial, you will not be charged until the Free Trial has expired.

At any time and without notice, Phi reserves the right to (a) modify the terms and conditions of the Free Trial offer, or (b) cancel such Free Trial offer.

9.7. Contests, Giveaways, Sweepstakes, and Promotions 🎉

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, then other Promotion rules may apply.

9.8. Fee Changes

Phi, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Phi will provide you with at least 30 days notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

9.9. Refunds and Returns

We offer a 30-day money-back guarantee on your first order of physical goods. For all subsequent shipments, you may reschedule or cancel at any time in your Account.

Products with manufacturing defects are eligible for free return or exchange.

9.10. Availability, Errors, and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

9.11. Our Right to Refuse or Cancel Purchases

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, if fraud or an unauthorized or illegal transaction is suspected, or any other reason.

9.12. Third-party Services

Phi may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

10. Third-party Distribution Channels

Phi offers Software that may be made available through the Apple App Store, the Google Play Store, or other distribution channels ("Distribution Channels"). If you obtain such Software through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms of Service are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.

10.1. Apple Enabled Software

With respect to apps which are made available for your use in connection with an Apple-branded product ("Apple Enabled Software"), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

Phi and you acknowledge that these Terms of Service are concluded between Phi and you only, and not with Apple Inc. ("Apple"), and that as between Phi and Apple, Phi, not Apple, is solely responsible for the Apple Enabled Software and the content thereof.
You may not use the Apple Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
Your license to use the Apple Enabled Software is limited to a non-transferable license to use the Apple Enabled Software on a macOS or iOS product that you own or control, as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions, except that such Apple Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple's Family Sharing or volume purchasing programs.
Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple Enabled Software.
Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Phi's sole responsibility, to the extent it cannot be disclaimed under applicable law.
Phi and you acknowledge that Phi, not Apple, is responsible for addressing any claims of you or any third-party relating to the Apple Enabled Software or your possession or use of that Apple Enabled Software, including
1. Product liability claims.
2. Any claim that the Apple Enabled Software fails to conform to any applicable legal or regulatory requirement.
3. Claims arising under consumer protection, privacy, or similar legislation.
In the event of any third-party claim that the Apple Enabled Software or your possession and use of that Apple Enabled Software infringes that third-party's intellectual property rights, as between Phi and Apple, Phi, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
If you have any questions, complaints, or claims with respect to the Apple Enabled Software, they should be directed to Phi using the contact information provided in this document.
You must comply with applicable third-party terms of agreement when using the Apple Enabled Software, e.g., your wireless data service agreement.
Phi and you acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms of Service with respect to the Apple Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple Enabled Software as a third-party beneficiary thereof.

10.2. Google Sourced Software

The following applies to any application you download from the Google Play Store ("Google Sourced Software"):

You acknowledge that these Terms of Service are between you and Phi only, and not with Google, Inc. ("Google").
Your use of Google Sourced Software must comply with Google's then-current Google Play Terms of Service.
Google is only a provider of Google Play where you obtained the Google Sourced Software.
Phi, and not Google, is solely responsible for Phi's Google Sourced Software.
Google has no obligation or liability to you with respect to Google Sourced Software or these Terms of Service.
You acknowledge and agree that Google is a third-party beneficiary to these Terms of Service as it relates to Phi's Google Sourced Software.

10.3. Third-party Health and Wellness Services

The Phi Services may contain third-party content, materials, information, or links to services or websites related to health or wellness (collectively, the "Third-party Services" or, individually, the "Third-party Service"). However, Phi is not responsible for any Third-party Services. The inclusion of a link or other reference within our Services to any Third-party Services is not, explicitly or implicitly, an endorsement, recommendation, or referral by Phi or our affiliates of the third-party or any Third-party Services.

We do not make any representations, warranties, or guarantees related to the Third-party Services, their accuracy or effectiveness, or the information included within the Phi Services with respect to the Third-party Service, including, for example, information about pricing or availability. A Third-party Service may have additional availability beyond what’s listed through the Services if you contact them directly. Phi is not responsible for the pricing or availability of the Third-party Services.

Phi is not responsible for making sure that Third-party Services are actually provided or are up to a certain standard of quality. Any information included within the Phi Services with respect to the Third-party Service is subject to change. Please verify such information before engaging with the Third-party Service. You are responsible for verifying your insurance with your insurance provider.

For some Third-party Services, Phi may have a financial relationship with the third-party service provider. When you click on the link to or subscribe to the Third-party Service or book an appointment with a third-party service provider through the Services, Phi may receive a commission. Phi may ask you to provide information in association with your use of these Third-party Services, subject to our Privacy Notice.

10.4. Third-party Links and Content

Inclusion of third-party links does not imply endorsement.
We are not responsible for the content, privacy policies, or practices of third-party websites.
Users access third-party links at their own risk.

11. Intellectual Property Rights

11.1. Ownership: All trademarks, logos, and proprietary software are owned by Phi.

11.2. License: Users are granted a limited, non-exclusive, non-transferable license to use the Services.

11.3. Restrictions: Users must not copy, modify, distribute, sell, or lease any part of the Services.

11.4. Infringement: Users must not use any trademarks or logos without permission.

12. Disclaimers and Limitations of Liability

12.1 Disclaimers

Our Services are provided "as is." Except to the extent prohibited by law, we and our affiliates and licensors make no warranties (express, implied, statutory, or otherwise) with respect to the Services, and disclaim all warranties including, but not limited to, warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement, and quiet enjoyment, and any warranties arising out of any course of dealing or trade usage.

We do not warrant that the Services will be uninterrupted, accurate, or error-free, or that any content will be secure or not lost or altered. You accept and agree that any use of Output from our service is at your sole risk and you will not rely on Output as a sole source of truth or factual information, or as a substitute for professional advice.

Our services are not impervious to disruptions due to natural disasters, third-party provider issues, or other unforeseen events.

12.2. Limitation of Liability

Phi Services are provided "as is" without any warranties, express or implied. Phi is not liable for any direct, indirect, incidental, consequential, or punitive damages.

To the maximum extent permitted by applicable law, neither we nor any of our affiliates or licensors will be liable for any indirect, incidental, special, consequential, or exemplary damages, including damages for loss of profits, goodwill, use, or data or other losses, even if we have been advised of the possibility of such damages.

Our aggregate liability under these Terms will not exceed the greater of:

The amount you paid for the Service that gave rise to the claim during the 12 months before the liability arose, or
One hundred dollars ($100).

Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence.

To the fullest extent permitted by law, Phi and its affiliates, officers, directors, employees, agents, licensors, or suppliers will not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or in connection with the use—or inability to use—our nutritional supplement. This includes, without limitation, damages for personal injury, illness, death, loss of profits, business interruption, or any other loss or damage of any kind, whether based in contract, tort, or otherwise, even if we have been advised of the possibility of such damages.

13. Indemnification

To the extent permitted by law, you will indemnify and hold harmless Phi, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys' fees) from third party claims arising out of or relating to your use of the Products, Services and Content, or any violation of these Terms.

14. Dispute Resolution ⚖️

14.1. Mandatory Arbitration

You and Phi agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose, even if it was before these Terms existed (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms within 30 days after the update has taken effect by contacting us. If you opt out of an update, the last set of agreed upon arbitration terms will apply.

14.2. Informal Dispute Resolution

We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. We also both agree to attend an individual settlement conference if either party requests one during this time. Any statute of limitations will be tolled during this informal resolution process.

14.3. Arbitration Forum

If we are unable to resolve the Dispute, either of us may commence arbitration with National Arbitration and Mediation (NAM) under its Comprehensive Dispute Resolution Rules and Procedures and Supplemental Rules for Mass Arbitration Filings, as applicable. Phi will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous. The activities described in these Terms involve interstate commerce and the Federal Arbitration Act will govern the interpretation and enforcement of these arbitration terms and any arbitration.

14.4. Arbitration Procedures

The arbitration will be conducted by videoconference if possible, but if the arbitrator determines a hearing should be conducted in person, the location will take place in Utah in the United States, unless the batch arbitration process applies. The arbitration will be conducted by a sole arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Utah. The arbitrator will have exclusive authority to resolve any Dispute, except the state or federal courts of Salt Lake County, Utah have the authority to determine any Dispute about enforceability, validity of the class action waiver, or requests for public injunctive relief, as set out below. Any settlement offer amounts will not be disclosed to the arbitrator by either party until after the arbitrator determines the final award, if any. The arbitrator has the authority to grant motions dispositive of all or part of any Dispute.

14.5. Class Action and Jury Trial Waivers

You and Phi agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. The parties agree to sever and litigate in court any request for public injunctive relief after completing arbitration for the underlying claim and all other claims. This does not prevent either party from participating in a class-wide settlement. You and Phi knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

14.6. Batch Arbitration

If 25 or more claimants represented by the same or similar counsel file demands for arbitration raising substantially similar Disputes within 90 days of each other, then you and Phi agree that NAM will administer them in batches of up to 50 claimants each ("Batch"), unless there are less than 50 claimants in total or after batching, which will comprise a single Batch. NAM will administer each Batch as a single consolidated arbitration with one arbitrator, one set of arbitration fees, and one hearing held by videoconference or in a location decided by the arbitrator for each Batch. If any part of this section is found to be invalid or unenforceable as to a particular claimant or Batch, it will be severed and arbitrated in individual proceedings.

14.7. Severability

If any part of these arbitration terms is found to be illegal or unenforceable, the remainder will remain in effect, except that if a finding of partial illegality or unenforceability would allow class arbitration, class action, or representative action, this entire dispute resolution section will be unenforceable in its entirety.

14.8. Exceptions

This section does not require arbitration of the following claims:

Individual claims brought in small claims court
Injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation

15. Termination, Suspension, and Discontinuation of Services

15.1. You are free to stop using our Services at any time.

15.2. We reserve the right to suspend or terminate your access to our Services or delete your account for reasons including but not limited to:

Abusing the system
Violating laws
Breaching these Terms
Security risks
Illegal activity
Harassment or misconduct
Misrepresentation
Unauthorized access
Spam or phishing
Resource overuse
Causing risk or harm to Phi, our users, or anyone else

15.3. We may terminate your account if it has been inactive for over a year. We will provide you with advance notice if we do so.

15.4. If you believe we have suspended or terminated your account in error, you can file an appeal with us.

15.5. We may decide to discontinue our Services, but if we do, we will give you advance notice and a refund for any prepaid, unused Services.

16. Changes to Terms or Services

16.1. We may update these Terms or our Services from time to time due to:

Changes to the law or regulatory requirements
Security or safety reasons
Circumstances beyond our reasonable control
Changes we make in the usual course of developing our Services
Adapting to new technologies

16.2. We will give you at least 30 days advance notice of changes to these Terms that materially adversely impact you either via email or an in-product notification.

16.3. All other changes will be effective as soon as we post them to our website.

16.4. If you do not agree to the changes, you must stop using our Services.

17. Governing Law and Jurisdiction

17.1. These Terms will be governed by and interpreted in accordance with the laws of the State of Utah, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction.

17.2. Except as provided in the dispute resolution section, all claims arising out of or relating to these Terms will be brought exclusively to the courts located in Utah.

18. Miscellaneous Legal Provisions

18.1. Entire Agreement

These Terms contain the entire agreement between you and Phi regarding the Services and, other than any Service-specific terms, supersede any prior or contemporaneous agreements between you and Phi.

18.2. Assignment

You may not assign or transfer any rights or obligations under these Terms, and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

18.3. No Waiver

Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the Dispute Resolution section above, if any portion of these Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.

18.4. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

18.5. Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to (a) any U.S. embargoed country or territory or (b) any individual or entity with whom dealings are prohibited or restricted under applicable trade laws. Our Services may not be used for any end use prohibited by applicable trade laws, and your Input may not include material or information that requires a government license for release or export.

19. Special Notices for Specific Jurisdictions

19.1. Notice for California Users

Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice:

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted:

Email: dca@dca.ca.gov
Mailing Address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834
Phone: (800) 952-5210 or (800) 326-2297 (TDD); Sacramento-area consumers may call (916) 445-1254 or (916) 928-1227 (TDD)

19.2. International Users

The Services are controlled and operated from within the United States. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

20. Acknowledgment

By using the Services, you acknowledge that you have read these Terms of Service, understood them, and agree to be bound by them. If you do not agree to these Terms of Service, you are not authorized to use the Services. We reserve the right to change these Terms of Service at any time, so please review them frequently.

21. Contact Information

Email: support@phi.health
Mailing Address: 299 S. Main St., Suite 1300, PMB 94933, Salt Lake City, UT 84111

Thanks for making it to the end! 📜😊

Phi