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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. 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.
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.
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.
To access certain features of the Services, you may need to create an account. You agree to:
We may suspend or terminate your account if we suspect misuse or violation of these Terms.
You agree to use the Services only for lawful purposes and in compliance with these Terms. Prohibited activities include, but are not limited to:
You are solely responsible for your content and interactions. We may monitor usage but are not obligated to do so.
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.
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.
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.
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:
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.
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.
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.
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.
For questions about these Terms, contact us at: