Terms of Service

1. Acceptance of these terms

These Terms of Service (“Terms”) govern your use of the PocketPhantom desktop application, website, and licensing service (together, the “Service”), operated by PocketPhantom(“PocketPhantom”, “we”, “us”). By purchasing a licence, installing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. You must be of the age of majority in your country of residence to enter into this agreement.

2. The licence

Subject to an active, paid subscription, we grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the application for your own use. Your subscription is tied to an activation key bound to a limited number of devices, as stated for your plan. PocketPhantom and the application, including all software, design, and other materials, remain our property or that of our licensors; nothing in these Terms transfers any intellectual-property rights to you beyond the limited licence described here. You may not resell, sublicense, share, rent, or distribute your key or the application, nor circumvent the licensing, device-binding, or update mechanisms. We may suspend or revoke a licence used in breach of these Terms.

3. Included AI, or bring your own

PocketPhantom can be used in two ways, and they differ in where your data goes.

Included AI (the default).Each plan bundles a monthly allowance of AI credit. On this path your prompts, captures, and any Context you have saved are sent to PocketPhantom's servers, which relay them to an upstream AI provider on our own account and stream the answer back. We meter the request and debit your allowance. We do not store the content of your prompts or the answers; the Privacy Policy lists the recipients involved and what we do record. When your allowance is exhausted, the included path stops until it refills.

Your own key. You may instead supply your own credentials for a third-party AI provider (e.g. OpenAI, Anthropic, or Google). On this path your prompts and screen data go directly from your device to your chosen provider and do not reach PocketPhantom. Your use of that provider is governed by their terms and pricing, and you are responsible for all costs you incur with them.

On either path, AI output may be inaccurate, incomplete, or unsuitable; we make no representation as to its correctness and are not responsible for it. You are responsible for independently verifying any answer before relying on it.

4. Acceptable use

You agree not to use the Service:

• for any unlawful purpose or in violation of any applicable law or regulation;
• to infringe the rights of others or to process content you have no right to process;
• to attempt to reverse engineer, tamper with, or disrupt the Service or its licensing/update systems;
• to share, resell, or distribute your activation key, or to enable use by anyone other than you;
• in any way that violates the rules, policies, or contractual terms of a third party, institution, employer, examination, platform, or venue where you choose to run it.

PocketPhantom is designed to keep an on-screen assistant out of screen captures. It is not sold or marketed as a tool to defeat any specific exam-proctoring, screen-capture, lockdown-browser, remote-monitoring, or supervision system, and we make no representation or warranty that it will evade, bypass, or remain undetected by any such system. Whether and how you may lawfully and permissibly use the Service is your decision and your responsibility alone.

5. Your responsibility

PocketPhantom is a general-purpose productivity and reading-assistance tool. You are solely responsible for how, where, and when you use it, and for ensuring that your use complies with all applicable laws and with the rules and policies of any institution, examination body, employer, platform, or service involved. This includes, without limitation, the rules of any exam-proctoring, screen-capture, lockdown-browser, or remote-monitoring system you choose to run it alongside. We do not endorse or encourage any use that breaches such rules, and we accept no responsibility or liability for any consequences arising from your use, including but not limited to academic, disciplinary, professional, contractual, or legal consequences. You use the Service entirely at your own risk.

6. Subscription, billing & renewal

The Service is offered on a recurring monthly subscription, billed in advance through our payment processor, Stripe. The base plan is CHF 16 per month, and the optional Stealth Enhancement Bundle (SEB) add-on is a further CHF 2 per month. Current pricing and any available options are shown on the payment page. Each billing period is one month, and your subscription renews automatically at the end of each period at the then-current price until you cancel. We may change pricing or plan features; for existing subscribers, price changes take effect at the next renewal after we have given you reasonable advance notice. Applicable taxes may be added.

7. Cancellation

You can cancel your subscription at any time from the Manage subscription page, reachable from every page of the website without logging in. Cancellation stops future renewals; your access continues until the end of the period you have already paid for. See our Cancellation & Refund Policy for details.

8. No refunds

All payments are final. We do not offer refunds for any subscription period, in whole or in part, including for unused time after cancellation. By subscribing to this digital service and starting to use it immediately, you expressly request that performance begin at once and acknowledge that you thereby lose any statutory right of withdrawal/cancellation for the current period to the extent permitted by law. This does not affect mandatory statutory rights that cannot be excluded. Full details are in the Cancellation & Refund Policy.

9. No warranty

The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including fitness for a particular purpose, accuracy, uninterrupted availability, or that screen-capture exclusion will work on every system, capture method, or platform. Operating-system, hardware, network, or third-party-provider changes may affect functionality at any time.

10. Limitation of liability

We are liable without limitation for damages caused by our intent or gross negligence, and for personal injury (death, bodily harm, or damage to health), as well as for any liability that cannot be limited or excluded under applicable law.

In all other cases, to the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or opportunities, arising from or related to your use of (or inability to use) the Service. To the extent we are otherwise found liable, our total aggregate liability is limited to the amount you paid us for the Service in the twelve (12) months preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, and mandatory consumer-protection provisions of your country of residence remain unaffected.

11. Suspension & termination for cause

We may suspend, limit, or terminate your access to the Service, and revoke your activation key, with immediate effect and without refund, if you materially breach these Terms or if there are reasonable grounds to believe that you:

• share, resell, or distribute your activation key, or allow others to use your licence;
• circumvent or attempt to circumvent the licensing, device-binding, or update mechanisms;
• use the Service for any unlawful, fraudulent, or abusive purpose, or in a way that harms us, other users, or third parties;
• fail to pay amounts due, or initiate an unwarranted chargeback or payment dispute.

Where the breach is capable of being remedied and the circumstances reasonably allow, we will, where practicable, give you notice and an opportunity to cure before terminating. Termination does not relieve you of amounts already due, and the provisions of these Terms that by their nature should survive (including licence restrictions, disclaimers, limitation of liability, and the final provisions) survive termination.

12. Changes to the Service and these Terms

We may modify, suspend, or discontinue parts of the Service, and may update these Terms from time to time. Material changes will be reflected by the “Last updated” date and, where appropriate, communicated to you. Continued use after changes take effect constitutes acceptance.

13. Final provisions

Severability

If any provision of these Terms is or becomes wholly or partly invalid or unenforceable, the remaining provisions remain in full effect. The invalid provision shall be replaced by a valid one that most closely reflects the original intent, and this does not affect any mandatory rights you have as a consumer.

Written form

Notices and amendments under these Terms should be made in a durable form. Correspondence through our support ticket system (including our email replies to the address you provide there) satisfies any written-form requirement.

Assignment

We may assign or transfer our rights and obligations under these Terms to a successor or affiliate, for example in connection with a merger, reorganisation, or sale of assets, provided this does not reduce your rights. You may not assign or transfer your rights or obligations, including your licence or activation key, without our prior written consent.

14. Governing law & contact

These Terms are governed by the laws of Switzerland, excluding their conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for disputes is Zürich, Switzerland, to the extent permitted by law. Mandatory consumer-protection provisions of your country of residence remain unaffected, and nothing here deprives you of the protection of provisions that cannot be derogated from by agreement under the law that would otherwise apply.

The operator of the Service is PocketPhantom, based in Switzerland, not registered for VAT. Questions? Open a support ticket.