Terms of Service

Effective Date: January 28, 2026

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and PhaseContract ("Company," "we," "us," or "our") governing your access to and use of the PhaseContract platform, website, mobile applications, and related services (collectively, the "Service").

BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Service. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.

2. Eligibility

To use the Service, you must:

  • Be at least 18 years of age
  • Have the legal capacity to enter into a binding contract
  • Not be prohibited from using the Service under applicable laws
  • Provide accurate, current, and complete registration information
  • If using the Service on behalf of a business entity, have the authority to bind that entity to these Terms

By using the Service, you represent and warrant that you meet all eligibility requirements.

3. Description of Service

PhaseContract is a payment structuring and collection platform that enables contractors ("Contractors") to create structured payment arrangements with their clients ("Clients"). The Service facilitates:

  • Creation and management of job contracts with payment phases
  • Client payment authorization and card storage
  • Payment collection upon phase approval
  • Communication between Contractors and Clients
  • Documentation and evidence management

PhaseContract is not a party to any contract between Contractors and Clients. We provide the technological platform to facilitate transactions but are not responsible for the underlying services, work quality, or disputes between parties.

The Service is provided on an "as available" basis and may be modified, suspended, or discontinued at any time without notice.

4. Account Registration and Security

To access certain features, you must create an account. You agree to:

  • Provide accurate, truthful, and complete information during registration
  • Maintain and promptly update your account information
  • Keep your login credentials secure and confidential
  • Notify us immediately of any unauthorized access or security breach
  • Accept responsibility for all activities under your account

We reserve the right to suspend or terminate accounts that:

  • Contain false or misleading information
  • Violate these Terms or applicable laws
  • Engage in fraudulent or suspicious activity
  • Remain inactive for an extended period

5. Payment Processing

Payment processing is provided by Stripe, Inc. ("Stripe"). By using the Service, you agree to be bound by Stripe's Terms of Service and Privacy Policy, available at stripe.com/legal.

5.1 For Contractors

  • You must complete Stripe Connect onboarding to receive payments
  • Payouts are subject to Stripe's processing times and policies
  • You are responsible for all taxes on income received through the Service
  • We may withhold or reverse payments in cases of fraud, disputes, or Terms violations

5.2 For Clients

  • By authorizing a job, you consent to charges being made to your stored payment method
  • Charges occur when you approve completed work or when auto-approval triggers (72 hours)
  • You are responsible for ensuring your payment method has sufficient funds
  • Refunds are subject to Contractor approval and our refund policy

5.3 Payment Disputes

If you dispute a charge with your card issuer, we reserve the right to suspend your account pending resolution. Fraudulent chargebacks may result in permanent account termination and legal action.

6. Fees

PhaseContract charges a platform fee of 2.5% on each successful payment processed through the Service. This fee is deducted from the payment amount before transfer to the Contractor.

Additional fees may apply:

  • Stripe processing fees (approximately 2.9% + $0.30 per transaction, varies by region)
  • Currency conversion fees for international transactions
  • Chargeback fees as determined by Stripe

We reserve the right to modify our fees at any time with 30 days' notice. Fee changes will not affect transactions already in progress.

7. User Conduct and Prohibited Activities

You agree not to use the Service to:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in fraud, money laundering, or other financial crimes
  • Process payments for illegal goods or services
  • Misrepresent your identity, qualifications, or the nature of services
  • Circumvent or manipulate the platform's features or security measures
  • Interfere with or disrupt the Service or servers
  • Collect or harvest user data without authorization
  • Use automated systems to access the Service without permission
  • Transmit viruses, malware, or other harmful code
  • Harass, threaten, or defame other users
  • Create multiple accounts for fraudulent purposes
  • Use the Service for any purpose other than its intended use

We reserve the right to investigate and take appropriate action against any violations, including account termination and reporting to law enforcement.

8. Intellectual Property

The Service, including all content, features, functionality, software, designs, text, graphics, logos, and trademarks, is owned by PhaseContract or its licensors and is protected by copyright, trademark, and other intellectual property laws.

You retain ownership of content you submit to the Service (such as job descriptions, photos, and documentation). By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, store, display, and transmit that content as necessary to provide the Service.

You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
  • Warranties that the Service will be uninterrupted, error-free, or secure
  • Warranties regarding the accuracy, reliability, or completeness of any content
  • Warranties regarding the quality of work performed by Contractors
  • Warranties regarding the creditworthiness or conduct of any user

PhaseContract does not:

  • Guarantee payment collection or Contractor work quality
  • Verify the accuracy of user-provided information
  • Endorse any Contractor, Client, or their services
  • Act as an escrow agent, employer, or contractor
  • Provide legal, financial, or professional advice

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHASECONTRACT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, goodwill, or other intangible losses
  • Damages arising from your use or inability to use the Service
  • Damages arising from any conduct or content of third parties
  • Damages arising from unauthorized access to your account or data
  • Damages arising from disputes between Contractors and Clients

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN FEES DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless PhaseContract and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any applicable laws or regulations
  • Your violation of any third-party rights
  • Any content you submit to the Service
  • Any dispute between you and another user
  • Any services you provide or receive through the platform

12. Dispute Resolution

12.1 Disputes Between Users

PhaseContract is not responsible for resolving disputes between Contractors and Clients. You agree to resolve such disputes directly with the other party. We may, at our sole discretion, provide mediation assistance but are not obligated to do so.

12.2 Disputes with PhaseContract

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by a mutually agreed-upon arbitration service, rather than in court.

CLASS ACTION WAIVER: You agree that any disputes will be resolved on an individual basis. You waive any right to participate in a class action, class arbitration, or representative action.

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent infringement of intellectual property rights.

12.3 Time Limitation

Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action arises, or such claim shall be permanently barred.

13. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Extended inactivity
  • Request by law enforcement or government agency
  • Discontinuation of the Service

You may terminate your account at any time by contacting us. Upon termination:

  • Your right to use the Service immediately ceases
  • Pending transactions may be completed or cancelled at our discretion
  • We may retain certain data as required by law or for legitimate business purposes
  • Provisions that by their nature should survive termination shall survive

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which PhaseContract is registered, without regard to its conflict of law provisions.

For users in the European Union, nothing in these Terms shall affect your rights under mandatory consumer protection laws of your country of residence.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and PhaseContract.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

15.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, pandemics, or infrastructure failures.

16. Contact Information

If you have questions about these Terms, please contact us:

PhaseContract
Email: legal@phasecontract.com
General inquiries: hello@phasecontract.com