Terms of Service

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND WAIVER OF JURY TRIAL. PLEASE READ IT CAREFULLY BEFORE AGREEING.

Last Updated: November 7, 2019

Welcome to ConnectedYard as owned and operated by the Hayward company (hereinafter “ConnectedYard,” “pHin,” “Seller,” “we” or “us”).  This Terms of Service document sets forth the terms and conditions (the “Terms”) between ConnectedYard and you (“you” or “Buyer”) regarding your purchase and use of ConnectedYard automated pool maintenance and monitoring solutions (e.g., the pHin Monitor), including all hardware, embedded software/firmware, mobile applications and related networked features (the “Products”).  Note that we provide our website at https://www.phin.co (the “Website”), and your use of the Website is governed by the separate Website Terms & Conditions document.  The Products may include certain networked features that may be accessed or controlled via user interfaces on the Website or on our mobile applications, and such networked features and user interfaces are referred to herein as the “Product Services” or the “Services.”  In using the Product Services that are accessed via the Website, you hereby agree to all provisions of the Website Terms & Conditions.

You may purchase the Products (and related Services) on the Website, and your placement of an order on the Website is construed as your offer to purchase such Products, and indicates your assent to these Terms.  Our acceptance of your offer to purchase Products is expressly conditional upon your assent to these Terms.  Any terms proposed by you that add to, vary from, or conflict with these Terms are hereby rejected and shall be void.  

PLEASE READ THESE TERMS AND CONDITIONS OF SALE CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM THE WEBSITE OR OTHERWISE.  IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PURCHASE ANY OF THE PRODUCTS.  

We reserve the right to make changes to these Terms at any time.  If we do so, we will post such changes on the Website and will clearly indicate the date these Terms were last revised. We will also notify you of such changes via the Product Services, email notifications or other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes made as a result of our implementing new Product Services functions or changes made for legal reasons will be effective immediately. Your continued use of the Product Services after the date any such changes become effective constitutes your acceptance of the new Terms.

To the extent you provide any personal information to us via the Website or the Product Services, our collection and uses of such Personally Identifiable Information (“PII“) are governed by our privacy policy published at https://www.phin.co/privacy (“Privacy Policy”), which is incorporated herein by reference and to which you expressly hereby agree.  These Terms and the Privacy Policy are subject to the provisions of the European Union (“EU”) General Data Protection Regulation (“GDPR“), California Consumer Privacy Act (“CCPA”) and other applicable privacy laws.  ConnectedYard agrees that under the GDPR, ConnectedYard is a data “Controller” and you are a “Data Subject” with certain protected privacy rights concerning your “Personal Data”, and ConnectedYard will take commercially reasonable steps to maintain compliance with GDPR requirements.

Access and Use of the Services

  1. Products Description: The Products and Product Services are designed to provide an automated pool maintenance and monitoring solution.
  2. Your Registration Obligations: You may be required to register on the Website in order to access and use certain features of the Product Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services’ registration form pursuant to the Website Terms & Conditions.
  3. Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and Product Services account in accordance with the Website Terms & Conditions, and are fully responsible for any and all activities that occur under your account.
  4. Modifications to Services: We reserve the right to modify or discontinue (temporarily or permanently) the Services (or any part thereof) with or without notice.  You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
  5. General Practices Regarding Use and Storage: You acknowledge that we may establish general practices and limits concerning your use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf.  You agree that we have no responsibility or liability for the deletion of, corruption of or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
  6. Services Accessible By Mobile Devices: You may be able to use the Product Services via a mobile device, including the abilities to: (i) upload content to the Services, (ii) browse the Services and the Website, and (iii) access certain features through a mobile application (“Mobile App” or “App”) downloaded and installed on a mobile device (collectively, the “Mobile App Services”).  To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing or using certain Mobile App Services may be prohibited or restricted by your carrier, and not all Mobile App Services may work with all carriers or devices. By using the Mobile App Services, you agree that we may communicate with you by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile App Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Services account information to ensure that our messages to you are not sent to the person that acquires your old number.

Subscription Terms and Fees

  1. pHin Chemical Subscriptions:  A pHin “Chemical Subscription” that you purchase includes a pHin monitor (“Monitor”) , access to the pHin Mobile App and a supply of chemicals shipped to you, based on your pool size and average usage for a pool or hot tub of your size (“Subscription Chemicals”).  For more details, please see the pricing section of our Website. Your subscription covers the cost of both the Monitor (including replacement of the Monitor for normal wear and tear, as determined in our sole discretion) and the Subscription Chemicals, and is payable in accordance with the Fees section, below. For more information on how to cancel your Chemical Subscription, please see the Termination section, below.
  2. pHin Monitor Subscriptions: A pHin “Monitor Subscription” includes a pHin Monitor and access to the pHin Mobile App.  Your subscription covers the cost of the Monitor (including replacement of the Monitor for normal wear and tear, as determined in our sole discretion) and is payable in accordance with the Fees section, below. For more information on how to cancel your Monitor Subscription, please see the Termination section, below.
  3. Retail Purchases:  If you purchase a pHin Monitor at a retail store, your purchase entitles you to an initial one (1) year of access to the pHin Mobile App.  At the end of the initial year, you may purchase a subscription to continue using the pHin Mobile App.  Your retail purchase covers the cost of the Monitor (including our replacement of the Monitor for normal wear and tear, as determined in our sole discretion).
  4. Additional Chemicals and Services: Additional chemicals (“Additional Chemicals”) and additional pool technician and cleaning services (“Additional Services”) may be ordered through the Services, at the prices listed on the Website.  Such Additional Services may not be cancelled for a refund after a pool technician has been dispatched through the Services. All other Products and Services purchased through the Website are subject to additional fees at the prices listed therein.
  5. Pre-Orders: Subscriptions may be made available for pre-order via the Website. If you place a pre-order for a Subscription, we will charge your credit card at the time of the pre-order for the applicable Subscription fee specified on the Website, plus any applicable charges for taxes, and will ship you the Monitor and Subscription Chemicals once available.  For more information on how to cancel your Preorder, please see the Termination section, below.
  6. Fees: Upon selecting a Subscription plan via the Website, you will be required to select a payment plan and provide information regarding your credit card or other Payment Method (“Payment Method”). You hereby represent and warrant that such information is true and that you are authorized to use the Payment Method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay us the amount specified for the Subscription plan in accordance with the terms of such plan and these Terms. You hereby authorize us to bill your Payment Method in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account (in accordance with the terms of Termination herein), and you further agree to pay any charges so incurred. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. We reserve the right to change our prices at any time.  If we do change our prices, we will provide notice of the change on the Website or in an email to you, at our option, at least thirty (30) days before the change is to take effect. Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall be responsible for all taxes associated with the Services other than U.S. taxes based on our net income.
  7. Resale; Lease; Title Transfer; and Returns: The Products and Services (including the Monitor, Subscription Chemicals, Additional Chemicals and Additional Services) are intended for end users only, and are not authorized for resale.  YOU EXPRESSLY AGREE THAT YOU MAY NOT RESELL ANY OF THE PRODUCTS OR SERVICES UNDER ANY CONDITIONS.  If you purchase a Chemical Subscription, the Monitor is leased to you for use solely in connection with the Services, and upon cancellation of your Subscription and request from us, you agree to return the Monitor to us, at your cost.  You hereby acknowledge and agree that failure to return the Monitor within thirty (30) days of the effective date of cancellation may result in a charge of late penalties and/or the cost of the Monitor and you hereby authorize us to charge your Payment Method, accordingly. If you purchase a Chemical Subscription, title to any chemicals purchased from us passes to you at the time of our delivery to the freight carrier, but we and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Chemicals are in transit to you.  If you purchase Products at a retail store, title to the pHin Monitor purchased passes to you at the time of purchase. Your retail purchase covers the cost of the Monitor (including our replacement of the Monitor for normal wear and tear, as determined in our sole discretion).  Please contact support@phin.co for warranty replacements.  Retail Product purchase returns are subject to the return policies of the store where purchased.
  8. Shipping and Delivery:  Chemical Subscription plans include shipping costs for the Monitor and Subscription Chemicals, however, any Additional Chemicals orders and returns do not include shipping costs. Separate pricing and delivery charges for Additional Chemicals are as quoted on the Website from time to time. The estimated arrival or delivery date is not a guaranteed delivery date for your order.
  9. Product Restrictions:  Although our Website is accessible worldwide, our Products are designed and tested solely for use in the United States. If you choose to use the Products outside of the United States, you do so at your own risk and you are solely responsible for complying with applicable local laws in your country.

Software License Grant and Restrictions.

Subject to these Terms, pHin hereby grants to you, and you accept a term-limited, renewable, world-wide, non-exclusive, personal, non-transferable and revocable license to use the software/firmware that is embedded in any of the Products or included in the App (“Software”).  This grant of license is subject to the payment of the Fees, and is valid only during the term of your subscription as purchased from pHin.  You may not:  1) decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human perceivable form; 2) modify, improve, or otherwise make changes to the Software or any component thereof; 3) create any derivative works from the Software; 4) remove any copyright notices or other reference to pHin’s ownership of the Software appearing on the Software or any materials and documentation provided therewith; 5) resell, rent, lease or distribute in any way the Software or any part thereof; 6) permit any third party to use the Software, or use the Software for purposes of processing the data of any third party; or 7) export or re-export, directly or indirectly, the Software into any country prohibited by the United States Export Administration Act and the regulations thereunder.

Apple-Enabled Software Applications

  1. We may provide Software to you that is intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms.  With respect to Software that is made available for your use in connection with an Apple-branded product (“Apple-Enabled Software”), the following additional terms and conditions apply:
    1. pHin and you acknowledge that these Terms are concluded between pHin and you only, and not with Apple, and that as between pHin and Apple, pHin, not Apple, is solely responsible for the Apple-Enabled Software and the content.
    2. 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 the App Store Terms.
    3. Your license to use the Apple-Enabled Software is a non-transferable license for use on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms.
    4. Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
    5. 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 to you, if any; 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 pHin ’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
    6. pHin and you acknowledge that pHin, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
    7. In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between pHin and Apple, pHin , not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement.
    8. You represent and warrant that (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
    9. pHin and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
    10. If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to pHin as follows: support@phin.co 1841 Zanker Drive, San Jose, CA 95112.

Intellectual Property Rights

  1. Website, Products, Services and Software: You acknowledge and agree that the Website, Products, Services and Software are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws.  Except as expressly authorized by pHin , you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Website, Products, Services and Software, in whole or in part, and you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods.  If you are blocked by pHin from accessing the Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Website, Products, Services and Software other than as specifically authorized herein is strictly prohibited. You acknowledge and agree that the Website, Products, Services and Software are the property of pHin, our affiliates and our licensors.  Any rights not expressly granted herein are reserved by pHin.
  2. Marks.  The pHin name and logos are trademarks and service marks of pHin (collectively the “Marks”).  Other company, product, and service names and logos used and displayed via the Website or Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to pHin.  Nothing in these Terms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Marks displayed on the Website or Services without our prior written permission in each instance. All goodwill generated from the use of the Marks will inure to our exclusive benefit. 

Indemnity and Release

You agree to release, indemnify and hold pHin and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Website, Products, Services or Software, your connection to the Services, your violation of these Terms or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties

  1. YOUR USE OF THE WEBSITE, PRODUCTS, SERVICES AND SOFTWARE IS AT YOUR SOLE RISK. THE WEBSITE, PRODUCTS, SERVICES AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  pHin EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
  2. PHin MAKES NO WARRANTY THAT (I) THE WEBSITE, PRODUCTS, SERVICES AND SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, PRODUCTS, SERVICES AND SOFTWARE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OR QUANTITY OF ANY PRODUCTS (INCLUDING, WITHOUT LIMITATION ANY CHEMICALS PURCHASED HEREUNDER AND YOUR USE THEREOF), SERVICES (INCLUDING, WITHOUT LIMITATION, ANY SHIPPING OR HANDLING OF PRODUCTS), INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL BE WITHOUT ERROR OR MEET YOUR EXPECTATIONS.
  3. Our Products may include product warnings and instructions on the packaging, labels and documentation. AS A CONDITION TO RECEIVING SERVICES, YOU AGREE TO STRICTLY COMPLY WITH ALL PRODUCT WARNINGS AND INSTRUCTIONS ON THE PACKAGING, LABELS AND DOCUMENTATION OF PRODUCTS, AND ANY UPDATES THAT WE PROVIDE TO YOU VIA THE SERVICES. In addition, you agree to only use the Products in a manner that complies with all applicable laws and regulation.

Limitation of Liability

  1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT pHin WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS HEREUNDER INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF pHin HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES OR ANY CHEMICALS OR PRODUCTS PURCHASED THROUGH THE WEBSITE OR RETAILER; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED (INCLUDING, WITHOUT LIMITATION ANY CHEMICALS OR OTHER PRODUCT PURCHASED THROUGH THE WEBSITE OR RETAILER) OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE PRODUCTS OR SERVICES. IN NO EVENT WILL pHin’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID pHin IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
  2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Dispute Resolution, Governing Law and Jurisdiction

  1. You agree that any claim or dispute arising out of or relating in any way to your use of the Website, Services or any service provided by us, will be resolved solely and exclusively by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify in accordance with the provisions of the Website Terms & Conditions, which you hereby expressly reaffirm.
  2. The laws of the State of New Jersey shall govern this Agreement, and shall be used in any arbitration, court or other proceeding, and the parties agree to personal jurisdiction and convenient forum and venue therein.     YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THIS AGREEMENT.
  3. There is no judge or jury in arbitration, and court review of an arbitration award is limited.  An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
  4. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to the following address: ConnectedYard, 1841 Zanker Drive, San Jose, CA 95112.
  5. Arbitration under this Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
  6. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial. 
  7. Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights.
  8. To the extent arbitration does not apply, you agree that any dispute arising out of or relating to the Website, Services or us, may only be brought by you in a state or federal court located in New Jersey. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW JERSEY.

Termination

You may cancel your pHin Chemical Subscription at any time by sending an email to support@phin.co notifying us of your intent to cancel at least thirty (30) days prior to the end of your then-current Subscription term, provided however, any Subscription plans cancelled within the first three (3) months of the plan will be subject to an early termination fee. Other Subscription terms and conditions may apply, as indicated on the Website.  If you have placed a Pre-Order with us, you may cancel your Pre-Order Subscription at any time prior to shipment by contacting support@phin.co. For more information, please contact us at support@phin.co.

Account Suspension or Termination.

You agree that pHin, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Website or Services and remove and discard any content within the Website or Services, for any reason, including, without limitation, for lack of use or if pHin believes that you have violated or acted inconsistently with these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website or Services, may be referred to appropriate law enforcement authorities. pHin may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that pHin may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that pHin will not be liable to you or any third party for any termination of your access to your Website account or the Services.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and pHin will have no liability or responsibility with respect thereto. pHin reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General

These Terms constitute the entire agreement between you and pHin and govern your use of the Products, Services or Software, superseding any prior agreements between you and pHin with respect to same. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software.  The failure of pHin to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.  A printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without the prior written consent of pHin, but pHin may assign or transfer these Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on the Website.

Questions? Concerns? Suggestions?

Please contact us at support@phin.co to report any violations of these Terms or to pose any questions regarding these Terms or the Products or Services.

To download our Terms of Service, click here.