Phensy — Terms of Service

Version: v1 (draft, pending counsel review) Effective date: (to be set on publication) Last updated: 2026-05-15

This is a draft prepared by the Phensy team without independent legal review. It is provided in good faith and reflects the service's actual operating model, but it is not legal advice and may need to be adjusted following review by qualified counsel.

1. About these Terms

These Terms of Service ("Terms") form a binding agreement between you and Phensy, operated by Mehmet Erkanar as sole trader, registered at Stenmursgatan 23, SE-523 47 Ulricehamn, Sweden (referred to here as "Phensy", "we", "us", or "our").

These Terms apply to your use of:

• The website at phensy.com (and the redirect-only domains phensy.ai and phensy.app)
• The Phensy live-discussion service, including any associated mobile apps, APIs, and email communications (together, the "Service")

By creating an account, joining a Phensy room, or making any payment to us, you confirm that you have read these Terms and agree to be bound by them.

If you do not agree, do not use the Service.

These Terms are governed by Swedish law and, where applicable, by the mandatory consumer-protection provisions of the EU country in which you reside. Nothing in these Terms reduces the protections you have as a consumer that cannot be waived under EU or Swedish law.

2. Who can use Phensy

You may use Phensy if:

• You are at least 16 years old
• You have the legal capacity to enter into a binding contract in the country where you live
• You are not barred from using the Service under applicable law or by a previous decision of ours

If you use Phensy on behalf of a company, organization, or other legal entity, you confirm that you have authority to bind that entity, and "you" in these Terms refers to that entity.

3. Your account

To host or join most rooms, you need an account. You can sign up through Google, Microsoft, or by requesting a magic-link email.

You are responsible for:

• Keeping your sign-in method secure
• All activity that occurs under your account
• Notifying us promptly if you discover unauthorised access by emailing [email protected]

We can suspend or close an account that has been compromised, used to break these Terms, or used to harm other users.

4. The Service: what Phensy is and isn't

Phensy is a hosted live video discussion service. You can:

• Host a table — create a free public room, a private invite-only room, or a paid ticketed room
• Pull up a chair — join rooms others have hosted, free or paid
• Use AI features that help with recap, Q&A handling, fact-checking suggestions, polls, and follow-up question prompts

What Phensy is not:

• We are not a broadcaster, publisher, or producer of the content created in rooms. Hosts and participants are responsible for what they say.
• We do not pre-screen rooms or content. We may remove rooms that violate these Terms, but we have no obligation to monitor them in advance.
• We are not a substitute for professional advice (legal, medical, financial). AI features may produce inaccurate information; treat them as drafts to verify, not as final answers.

5. Acceptable use

You agree not to use the Service to:

• Break any law or regulation applicable to you or your audience
• Infringe anyone's intellectual property, privacy, or other rights
• Threaten, harass, stalk, defame, or discriminate against any person or group
• Distribute malware, phishing links, or unauthorised commercial communications
• Attempt to gain unauthorised access to the Service, other accounts, or any underlying infrastructure
• Probe, scan, or test the vulnerability of the Service except via a programme we have authorised in writing
• Use the Service to host content that is illegal in Sweden or your country of residence (including but not limited to child sexual abuse material, terrorist content, or incitement to violence)
• Resell, re-license, or commercially exploit the Service outside the ways these Terms allow

We can remove rooms, suspend accounts, and refuse refunds where we reasonably conclude that any of the above has happened. For serious or repeated breaches we can permanently terminate access.

6. Your content

You retain all rights to the content you create on Phensy — your spoken words, written messages, room titles, descriptions, and any other material.

To operate the Service, you grant Phensy a non-exclusive, worldwide, royalty-free license to:

• Host, store, transcode, transmit, and display your content as needed to deliver the Service to you and your room's participants
• Generate AI-derived outputs (recaps, transcripts, summaries, suggested questions) based on the content of your rooms
• Use anonymised, aggregated information about how the Service is used to improve it

We do not:

• Use participant audio or transcripts to train AI models. Our sub-processors are contractually prohibited from doing so on inputs we send them.
• Claim ownership of your content.
• License your content to third parties for their own purposes.

The license ends when you delete your content from the Service, except where we are legally required to retain it (for example, tax records of paid transactions).

7. Recording, transcription, and AI features — host duty to inform

When a Phensy room is live and AI features are enabled, the audio of participants is processed by speech-to-text providers and AI models to generate recaps, fact-check suggestions, and other co-pilot features. The audio is processed in near real-time and transcripts may be retained as part of the room record.

If you are a host, you are responsible for:

• Informing all participants before the discussion begins that the room will be recorded and AI-processed
• Obtaining any consents required by the laws of the participants' countries (some jurisdictions require explicit consent from all parties to record a conversation)
• Not enabling AI features in rooms where doing so would breach a confidentiality obligation you have (for example, a legal-professional duty)

If you are a participant and you do not consent to your speech being recorded or AI-processed, do not join the room.

Phensy surfaces the AI-feature state in the join flow as a courtesy, but the contextual obligation to inform participants rests with the host.

8. Free use

Phensy is free to host and join most rooms. The free tier includes:

• Hosting unlimited free public or private rooms with up to 25 participants per room
• Sessions of up to 60 minutes per room
• Basic AI features: live recap and Q&A co-pilot
• A 7-day free trial of Pro features for every new account

We may change the limits of the free tier with reasonable notice. We will not retroactively penalise existing free-tier accounts; new limits apply prospectively.

9. Pro subscription

9.1 What you get

A Phensy Pro subscription unlocks:

• Rooms of up to 200 participants
• Sessions without time limit
• Premium AI features: fact-checking, polls, and follow-up question prompts
• The ability to sell tickets for your rooms (see Section 10)

9.2 Price and billing

The Pro subscription is €20 per month (VAT inclusive) at the time of writing. We may change the price with at least 30 days' notice to subscribers; the new price applies from the next billing cycle.

Payment is processed by Stripe. By starting a subscription, you authorise Stripe to charge your chosen payment method monthly until you cancel.

9.3 Right of withdrawal (14-day cooling-off)

Under EU consumer law, if you are a consumer (not acting in the course of a business), you have the right to withdraw from your subscription within 14 days of starting it, without giving any reason.

To exercise this right, email [email protected] within the 14-day window. We will refund the subscription fee within 14 days using the same payment method, unless we and you have expressly agreed otherwise.

If you would like to use Pro features during the 14-day window, please understand that doing so means you are not requesting Phensy to wait — but you still keep your right to withdraw. We do not charge for the value already consumed during the cooling-off period in such cases (we prefer to keep the refund clean).

9.4 Cancellation

You can cancel your Pro subscription at any time from your account's billing page. Your Pro features remain active until the end of the billing period you have already paid for, then your account reverts to the free tier. We do not pro-rate refunds for partial periods used outside the 14-day withdrawal window.

9.5 Failed payments

If your payment fails, we will attempt to charge again per Stripe's standard retry schedule. If retries continue to fail, your account reverts to the free tier and any Pro-only content (very long rooms, large rooms) becomes unavailable.

10. Ticket sales — hosts as merchant of record

You can sell tickets to your rooms if you have a Pro subscription and have completed Stripe Connect onboarding for payouts.

10.1 You are the merchant of record (MoR) for tax purposes

Phensy operates as a payment facilitator for ticket sales. We do not act as the merchant of record for tax purposes. As a host, you are solely responsible for:

(a) Determining whether you are required to collect any sales tax, value-added tax (VAT), goods and services tax (GST), or similar tax on ticket sales conducted through Phensy;

(b) Registering with the appropriate tax authorities in the jurisdictions where you are obligated to do so;

(c) Calculating, collecting, reporting, and remitting any such taxes owed on your ticket sales.

The price you set for a ticket is the gross amount your buyers will be charged. Phensy will deduct its platform fee from this amount and pay the remainder to you via Stripe Connect. Any taxes owed by you on the proceeds you receive are your responsibility to account for.

Phensy reserves the right, at our discretion and where required by law (including but not limited to digital platform "deemed supplier" rules under applicable VAT regimes), to assume the role of merchant of record for some or all transactions. If we do so, we will notify hosts in advance and adjust payouts to reflect tax collection performed by Phensy.

10.2 Platform fee

Phensy retains a platform fee from each ticket sold through your room. The current fee percentage is disclosed at the time you set up payouts; we may change it with at least 30 days' notice to active hosts.

10.3 Refunds for ticket buyers

If you are a buyer:

• If a paid room is cancelled by the host, you are entitled to a full refund automatically. We will issue the refund through Stripe to your original payment method.
• If you cannot attend, refund eligibility depends on the host's refund policy as stated on the room page at the time of purchase. Phensy does not require hosts to offer refunds for buyer-initiated cancellations.
• For digital services sold to EU consumers, the standard 14-day withdrawal right does not apply to event admission with a specified date, as permitted by Article 16(l) of the Consumer Rights Directive 2011/83/EU. By buying a ticket to a scheduled room, you accept this.

10.4 Host payouts

Stripe Connect handles payouts to hosts after the platform fee is deducted. Payout timing follows Stripe's standard schedule for your country. Phensy is not the holder of ticket funds in transit — these flow through Stripe's regulated payment infrastructure.

11. Intellectual property

Phensy and its logo are trademarks of Mehmet Erkanar (EU Trade Mark application number 019365450, filed 15 May 2026). You may not use the Phensy name or logo to suggest endorsement, partnership, or affiliation without our written permission.

All software, design, text, graphics, and other materials that make up the Service (excluding user content) are owned by us or our licensors and protected by Swedish and international copyright law.

12. Suspension and termination

We can suspend or terminate your account if:

• You break these Terms in a material way
• We are required to by law or by a competent authority
• You fail to pay fees due
• The Service is being discontinued (see Section 16)

You can stop using the Service at any time and delete your account from the account settings page. Deleting your account ends your access immediately. Your personal data is handled per our Privacy Policy.

13. Service availability and disclaimers

We aim to keep the Service available 24/7 but we do not guarantee any specific uptime. The Service is provided "as is" and "as available" without warranties of any kind, except those required by mandatory law that cannot be excluded.

Without limiting that, we do not warrant:

• That the Service will be uninterrupted, error-free, or fully secure
• That AI features will produce accurate, complete, or fit-for-purpose outputs
• That the Service will meet your specific requirements or expectations

For consumers, these disclaimers do not affect any rights you have under mandatory consumer-protection law.

14. Limitation of liability

To the maximum extent permitted by law:

• Phensy is not liable for any indirect, incidental, consequential, special, or punitive damages, including loss of profits, revenue, goodwill, or anticipated savings.
• Phensy's total aggregate liability to you arising from or related to the Service in any 12-month period is limited to the greater of (i) €100 or (ii) the total fees you paid us in the 12 months immediately preceding the event giving rise to the claim.
• These limits do not apply to liability that cannot be excluded by law, including liability for personal injury, gross negligence, wilful misconduct, breach of mandatory consumer protections, or breach of GDPR by us as controller.

15. Indemnity

If you are a host using Phensy in a business or organisational capacity, you agree to indemnify Phensy against any third-party claims, losses, and reasonable costs that arise from your breach of these Terms, your room's content, or your handling of taxes on ticket sales (Section 10.1).

This indemnity does not apply to claims brought by consumers acting in a personal capacity.

16. Changes to the Service and Terms

We may improve, change, or discontinue features at any time. If we make a material change that disadvantages you — for example, a price increase, a material reduction in features included in your tier, or a change in MoR responsibility — we will notify you by email at least 30 days in advance.

If we plan to discontinue the Service entirely, we will give at least 90 days' notice and a way to export your data before shutdown.

For non-material changes (typo fixes, clarifications, minor wording adjustments), the "Last updated" date at the top of these Terms will reflect the change but no separate notice is required.

17. Governing law and disputes

These Terms are governed by Swedish law. The mandatory consumer-protection provisions of the EU country in which you reside continue to apply where applicable.

If a dispute arises, please contact us first at [email protected] — most things are resolved that way.

If we can't resolve it, the courts of Sweden have non-exclusive jurisdiction. As an EU consumer, you also retain the right to bring a claim in the courts of the country in which you reside.

You may also use the EU Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to submit a complaint.

18. General

• If any provision of these Terms is held to be unenforceable, the rest remains in force.
• Our failure to enforce a provision is not a waiver of our right to enforce it later.
• You may not transfer these Terms to anyone else without our written consent. We may transfer them as part of a business reorganisation or sale, with notice to you.
• These Terms, together with our Privacy Policy, form the entire agreement between you and Phensy concerning the Service.

19. Contact