These Terms of Service ("Terms") are an agreement between you and Phantom Echo Inc. ("Phantom Echo", "we", "us"). They cover your use of the Phantom Echo mobile app and website (the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.
1. Phantom Echo is not an emergency service
Phantom Echo connects you with other users nearby who may be able to help. We are not a police, medical, fire or emergency service. We can't guarantee that anyone will respond, how fast help will arrive, or that an alert will be delivered, for example when there's no network coverage. In an emergency, also contact official emergency services (112 in Nigeria, 911 in the United States) whenever you can.
2. Eligibility and your account
- You must be at least 13 to use the Service and at least 18 to act as a responder.
- You must give accurate information and complete phone and face verification. One person, one account.
- You are responsible for keeping your login details secure and for activity on your account.
3. Responding to alerts
Responding is voluntary. You never have to accept an alert, and you should never put yourself in danger. Responders act on their own judgement and at their own risk. They are not our employees or agents. When you respond, you agree to:
- Prioritise your own safety and the safety of others, and involve the authorities where appropriate.
- Never use violence beyond what the law allows. Never carry out "jungle justice" or vigilante punishment.
- Use a sender's location and information only to help them during the alert.
4. Acceptable use
You agree not to:
- Send false, prank or test SOS alerts, or misleading Spotter reports.
- Pose as someone else, or as a responder, official or organisation.
- Use the Service to stalk, harass, threaten, locate or harm anyone.
- Post hateful, violent, sexually explicit or illegal content, or private information about others.
- Interfere with, reverse-engineer or overload the Service, or scrape data from it.
We may remove content, issue strikes, suspend or permanently ban accounts that break these rules. We may also report illegal activity to the authorities.
5. Your content
You own the photos, audio, video, messages and reports you submit ("Content"). You give us a worldwide, non-exclusive, royalty-free licence to host, store, transmit and display your Content to operate and improve the Service. This includes sharing it with responders, your circles and, where you or a responder escalates an alert, the authorities. You confirm you have the right to share it.
6. Subscriptions and payments
Paid plans (Essential, Extra and Elite) are billed through the Apple App Store or Google Play and renew automatically until you cancel. You can manage or cancel your subscription in your store account settings. Refunds are handled by Apple or Google under their policies. We may change prices with notice, and changes apply from your next billing period. Free plans may show ads.
7. Location and live features
Core features need location, microphone and notification permissions. If you turn these off, the Service may not work as expected. Responder counts, distances and arrival times are estimates.
8. Our intellectual property
The Service, including its software, design, name and logos, belongs to Phantom Echo Inc. and is protected by law. We give you a personal, non-transferable, revocable licence to use the app for its intended purpose.
9. Ending your use
You can stop using the Service and delete your account at any time. We may suspend or end your access if you break these Terms or if we need to for legal or safety reasons.
10. Disclaimers
The Service is provided "as is" and "as available". As far as the law allows, we make no warranties of any kind, express or implied. This includes warranties that the Service will be uninterrupted, error-free or that it will prevent any harm. We don't control and aren't responsible for the actions of users or responders.
11. Limitation of liability
As far as the law allows, Phantom Echo Inc. and its officers, employees and partners will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss arising from the acts or omissions of other users. Our total liability for any claim relating to the Service is limited to the greater of the amount you paid us in the 12 months before the claim or US$100. Some places don't allow these limits, so they may not all apply to you.
12. Indemnity
You agree to defend and indemnify Phantom Echo Inc. against claims that arise from your misuse of the Service or your breach of these Terms.
13. Governing law
These Terms are governed by the laws of the United States and of the state in which Phantom Echo Inc. is incorporated, without regard to conflict-of-law rules. Mandatory consumer-protection laws in your country of residence still apply.
14. Changes
We may update these Terms. If we make significant changes, we'll tell you in advance in the app or by email. If you keep using the Service after the changes take effect, you accept the updated Terms.
15. Contact
Questions about these Terms? Email legal@phantomechoinc.us.