Beta Terms of Use

Phizo Beta Terms of Use (v1.0)

Interim draft for the private beta — not legal advice. Phizo, LLC · Austin@phizohq.com

1. Acceptance By checking "I agree," creating an account, or using the Phizo service (the "Service"), you agree to these Beta Terms of Use and the Privacy Notice. If you do not agree, do not use the Service. You represent you are authorized to bind the entity you act for.

2. Private beta; provided "AS IS." The Service is pre-release software provided on an "AS IS" and "AS AVAILABLE" basis, with all faults, for evaluation. Phizo makes no warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. Phizo may change, suspend, limit, or discontinue the Service, any feature, or your access at any time, with or without notice, in its sole discretion.

3. Decision-support only; no reliance. All quantities, prices, estimates, and outputs are automated decision-support and must be independently reviewed and confirmed by a qualified estimator before any use. They are not a final, binding, or guaranteed quote, quantity, or price. You are solely responsible for all purchasing, bidding, pricing, and construction decisions. Phizo is not a party to any transaction between you and any customer or supplier.

4. Phizo intellectual property. The Service, software, models, estimating methods, assemblies, logic, know-how, and all related intellectual property are and remain the exclusive property of Phizo and its licensors, and are protected as trade secrets and under intellectual-property law. No rights are granted except the limited, revocable, non-exclusive, non-transferable right to use the Service for your own internal business during the beta.

5. Restrictions. You will not, and will not permit anyone to: (a) reverse engineer, decompile, disassemble, scrape, or attempt to derive the source code, models, method, assemblies, or logic of the Service; (b) use the Service, its outputs, or any data obtained from it to build, train, or improve any competing or similar product, service, or model, or to replicate Phizo’s method; (c) resell, sublicense, rent, share, or provide access to any third party, or share credentials; (d) perform bulk or automated extraction, harvesting, or export of outputs beyond ordinary in-app use; (e) remove or alter any notice, watermark, or identifier; or (f) use the Service unlawfully or to infringe any right. Breach permits immediate suspension or termination and entitles Phizo to injunctive relief without bond, plus its costs and fees.

6. Monitoring. You acknowledge and consent that Phizo monitors, logs, and records use of the Service — including usage analytics, session replay, and anomaly/abuse detection — to operate, secure, improve, and protect the Service and to detect violations of Section 5.

7. Your data; broad license to Phizo. You grant Phizo a worldwide, perpetual, irrevocable, royalty-free license to host, use, reproduce, process, and create derivative works from all plans, inputs, outputs, and other data you submit, in order to operate the Service and to train and improve Phizo’s models and method across its customer base. Phizo owns all derived data, models, aggregates, and improvements. The sole limitation: Phizo will not disclose or resell any one customer’s identifiable price book or negotiated pricing to another customer. You represent you have all rights necessary to grant this license.

8. Confidentiality. Phizo’s non-public information — including the method, assemblies, pricing logic, and the Service itself — is Phizo’s confidential information and trade secret; you will protect it and not disclose or use it except as permitted here. This obligation survives termination indefinitely.

9. Fees. Beta pricing, if any, is as separately agreed. Phizo may set or change fees for continued use on notice.

10. Limitation of liability. To the maximum extent permitted by law, Phizo will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Service, however caused. Phizo’s total aggregate liability for all claims will not exceed one hundred U.S. dollars ($100). These limits apply even if a remedy fails of its essential purpose.

11. Indemnity. You will defend, indemnify, and hold harmless Phizo from any claim, loss, or expense (including fees) arising from your use of the Service, your data, or your breach of these Terms.

12. Term; termination. These Terms apply while you use the Service. Phizo may terminate or suspend access at any time, for any or no reason, in its sole discretion. Sections 3–8, 10–13 survive termination.

13. Changes; governing law; miscellaneous. Phizo may modify these Terms by posting an updated version; continued use is acceptance. These Terms are governed by the laws of the State of Kansas, without regard to conflict-of-laws rules, and the parties submit to the exclusive jurisdiction of the state and federal courts located in Sedgwick County, Kansas. These Terms are the entire agreement on this subject and supersede prior understandings. If any provision is unenforceable, the rest remains in effect. Phizo’s failure to enforce is not a waiver. You may not assign; Phizo may.