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Phenom Central Terms Of Service

Effective Date: September 29, 2025

These Terms of Service ("Terms") govern your access to and use of the website phenomcentral.com (the "Website") and the software as a service (SaaS) and software products provided by Phenom Central ("we," "us," or "our") designed for the entertainment industry (collectively, the "Services"). By accessing or using the Website or Services, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, do not use the Website or Services.

These Terms incorporate by reference our Privacy Policy, phenomcentral.com/privacy-policy. In the event of a conflict between these Terms and any separate agreement executed between you and us (e.g., a master services agreement), the separate agreement shall prevail.

1. Eligibility

You must be at least 18 years old or the age of majority in your jurisdiction to use the Services. By using the Services, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

2. Description of Services

Phenom Central provides SaaS and software products tailored for the entertainment industry, including tools for project management, content creation, distribution, analytics, and collaboration. The Services may include features such as data storage, user interfaces, APIs, and integrations with third-party platforms. We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice.

3. User Accounts

To access certain features of the Services, you may need to create an account. You agree to:

  • Provide accurate, current, and complete information during registration.

  • Maintain the security of your account credentials and notify us immediately of any unauthorized access.

  • Be responsible for all activities that occur under your account.

We may suspend or terminate your account if we suspect misuse or violation of these Terms.

4. User Responsibilities and Conduct

You agree to use the Services only for lawful purposes and in compliance with these Terms. Prohibited activities include, but are not limited to:

  • Uploading, transmitting, or sharing content that is illegal, harmful, defamatory, obscene, or infringing on third-party rights.

  • Interfering with the Services or other users' access, including hacking, introducing viruses, or overloading the system.

  • Reverse engineering, decompiling, or attempting to extract source code from the Services.

  • Using the Services for competitive purposes or to develop similar products.

  • Violating intellectual property laws, including unauthorized use of copyrighted material in the entertainment industry.

You are solely responsible for your content and interactions. We may monitor usage but are not obligated to do so.

5. Intellectual Property

5.1 Our Intellectual Property

The Services, including all software, designs, trademarks, logos, and content (excluding User Content), are owned by us or our licensors and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your internal business purposes during the term of your subscription.

5.2 User Content

You retain ownership of any content you upload or create using the Services ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free, non-exclusive license to host, store, reproduce, modify, and distribute it as necessary to provide the Services. You represent that you have all rights to User Content and that it does not infringe third-party rights.

6. Payments and Billing

Certain Services require payment. Subscription fees, payment terms, and billing cycles will be detailed in your order form or account settings. All payments are non-refundable unless otherwise stated. We may use third-party payment processors and are not responsible for their practices.

  • Taxes: You are responsible for all applicable taxes.

  • Late Payments: Overdue amounts may accrue interest at 1.5% per month or the maximum rate allowed by law.

  • Price Changes: We may adjust pricing with 30 days' notice.

7. Termination

You may terminate your account at any time. We may terminate or suspend your access to the Services for violation of these Terms, non-payment, or any other reason, with or without notice. Upon termination:

  • Your license to use the Services ends.

  • We may delete your User Content after 30 days.

  • Accrued obligations (e.g., payments) survive termination.

8. Disclaimers and Limitations of Liability

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless Phenom Central, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

10. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Queensland, Australia, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Southport, Queensland. You waive any objections to jurisdiction or venue.

We encourage informal resolution of disputes. Before filing a claim, contact us at the address below.

11. Changes to These Terms

We may update these Terms from time to time. Changes will be posted on the Website with an updated effective date. Continued use of the Services after changes constitutes acceptance. For material changes, we may provide additional notice via email or in-app notifications.

12. Miscellaneous

  • Force Majeure: We are not liable for delays or failures due to events beyond our control (e.g., natural disasters, wars).

  • Severability: If any provision is invalid, the remaining provisions remain enforceable.

  • No Waiver: Failure to enforce any right does not constitute a waiver.

  • Assignment: We may assign these Terms without your consent; you may not assign without our written consent.

  • Entire Agreement: These Terms constitute the entire agreement between you and us.

13. Contact Us

For questions about these Terms, contact us at:

Phenom Central
9/171 Queen Street
Southport, QLD 4215
Australia

Email: [email protected]

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