Terms and Conditions of Use for Phnk

Last Updated: October 26, 2023

TL;DR (Too Long; Didn't Read)

This is a summary of our key terms, but you are still bound by the full agreement.

  • Who We Are: Phnk is a platform for building communities, sharing content, and connecting with others, provided by Phnk Networks India Private Limited.
  • Your Content: You own the content you post, but you grant us a broad license to use it to operate and promote Phnk.
  • Community Rules: Be respectful. We prohibit bullying, hate speech, graphic violence, nudity in public spaces, spam, impersonation, and content that promotes harm, illegal activities, or child exploitation. Political groups and discussions are strictly discouraged and may be removed.
  • AI & Your Data: We use your public content and usage data to train and improve our AI models. This helps us personalize your experience, develop new features, and keep the platform safe. This data is used in an aggregated and anonymized way for model training.
  • Transactions: While Phnk is free to download, hosts may charge for their groups, events, or services. We are not responsible for these transactions. Subscriptions and purchases for digital goods (like AI avatars or expert chats) are generally non-refundable.
  • Account Termination: We can suspend or terminate your account if you violate these terms, are inactive for a long time, or if we suspect fraudulent activity.
  • Liability: Phnk is provided "as is." We do not control what users post and are not liable for their actions or your off-platform interactions. Always exercise caution.
  • Governing Law: These terms are governed by the laws of India, with disputes settled in courts in Delhi.

Full Terms and Conditions

1. Introduction

Phnk ("we," "us," "our") is a platform operated by Phnk Networks India Private Limited that enables users to build communities, express themselves creatively, and connect with others. These Terms of Service ("Terms") govern your access to and use of the Phnk app, website, and all related services, features, and content (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, please do not use Phnk.

2. Our Services

Our mission is to empower individuals to build meaningful connections. To support this, we provide Services that include, but are not limited to:

  • Creating a personalized user profile.
  • Connecting with other users through friend or follow functionality.
  • Posting, sharing, and interacting with content (text, photos, videos, links).
  • Private messaging and group communications.
  • Joining or creating interest-based groups and communities.
  • Receiving notifications about interactions with your content.
  • Accessing paid subscription groups, expert consultations, and e-commerce features.

3. Data Use for Artificial Intelligence (AI)

To provide, personalize, and improve our Services, we develop and utilize artificial intelligence (AI) and machine learning models. By using Phnk, you acknowledge and agree to the following:

  • Training Data: The content you generate, post, or share (such as text, images, and video) as well as data about your interactions (such as likes, shares, and time spent viewing content) may be used to train and refine our AI models.
  • Purpose of Use: This data is used to enhance user experience by powering features like content recommendation, personalized feeds, automated moderation, spam detection, and the development of new AI-driven tools.
  • Anonymization and Aggregation: For the purpose of AI model training, your personal data will be aggregated and anonymized to remove any directly identifying information (such as your name or contact details). The models learn from patterns in the data, not from your specific, identifiable information.
  • Opt-Out: Given that this processing is fundamental to the operation and security of our Services, it is not possible to opt-out while maintaining an account. For more details on how we handle your data, please review our Privacy Policy.

4. Fees and Financial Terms

  • Access: Downloading and accessing the core Phnk app is free.
  • Third-Party Fees: Users may host groups, events, shops, or consulting services and charge fees at their discretion. Phnk is not a party to these transactions and is not responsible for setting or refunding these charges.
  • Phnk's Revenue: We may generate revenue through advertising, paid subscriptions for exclusive groups, and transaction fees from e-commerce services.
  • Refunds: All sales for digital products and services, including AI-generated avatars and expert consultation fees, are final and non-refundable, except in cases of proven fraud or impersonation as determined by our team. Wallet balances can be refunded upon request by contacting `hi@phnk.in`.

5. Intellectual Property

  • Your Content: You retain ownership of the content you create and share on Phnk. By posting, you grant us a worldwide, royalty-free, sub-licensable license to use, distribute, modify, run, copy, and display that content to operate and promote our Services.
  • Our IP: All rights, title, and interest in and to the Phnk Services (including software, logos, trademarks, and unique designs) are and will remain the exclusive property of Phnk Networks India Private Limited.
  • Copyright Respect: You may not post content that infringes on others' intellectual property rights. We will respond to valid copyright infringement notices sent to `support@phnk.in`.

6. Account Termination

We may suspend or terminate your account if you violate these Terms, our Community Standards, or for any other reason, including prolonged inactivity. You may appeal a termination by contacting `support@phnk.in`.

7. Disclaimer of Warranties and Limitation of Liability

Phnk is provided "as is" and "as available" without any promises or guarantees. We do not control what people do or say and are not responsible for any offensive or objectionable content or the conduct of users (online or offline). To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of our Services.

8. Governing Law and Dispute Resolution

These Terms shall be governed by the laws of India. Any disputes arising out of or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located in Delhi, India.

Community Standards (Abridged Summary)

You agree not to post content that falls under the following categories. Violations may lead to content removal, account suspension, or termination.

  • Bullying & Harassment: We do not tolerate targeted intimidation or threats.
  • Hate Speech: Content that attacks people based on protected characteristics like race, ethnicity, religion, gender, or sexual orientation is prohibited.
  • Graphic Violence & Nudity: Gratuitously violent or gory content is banned. Public nudity and sexually explicit content are strictly prohibited. Private sharing among consenting adults is permitted with age restrictions and sensitive content labels.
  • Spam: Repetitive, unwanted, or disruptive commercial content is not allowed.
  • Self-Harm & Suicide: Content that promotes, encourages, or depicts self-harm or suicide is strictly forbidden and will be removed.
  • Child Exploitation: Any content that exploits or endangers minors is illegal and will be reported to authorities.
  • Impersonation: Pretending to be someone else is not permitted.
  • Promoting Restricted Goods/Services: The promotion of firearms, illegal drugs, prescription pharmaceuticals (without verification), and other restricted items is prohibited.
  • Promoting Crime: Content that facilitates or glorifies harmful or illegal activities is not allowed.
  • Political Content: The creation of political groups and political discussions are strongly discouraged and may be removed.

Contact: For questions about these Terms, please contact us at: hi@phnk.in