Terms of Service
Last updated: 20 June 2026
Authoritative version: German
1. Provider and Subject Matter
1.1 phasi.app is a web-based software-as-a-service offering for managing product structures, projects, tasks and workflows. phasi.app is merely the name of the website and service and does not refer to a separate legal entity.
1.2 The Service is provided by:
Yevgen Yeshchenko
Im Egerten 7/1
74391 Erligheim
Germany
Phone: +49 1575 765 86 22
Email: info@phasi.de
1.3 These Terms of Service (“Terms”) govern access to and use of the phasi.app service (“Service”) by business customers.
1.4 Deviating or conflicting terms of the Customer apply only if the Provider expressly agrees to them in text form.
2. B2B Restriction and Exclusion of Consumers
2.1 The Service is offered exclusively to entrepreneurs, companies, freelancers, self-employed professionals, legal entities, public bodies and other professional users acting in the course of their commercial, independent professional or official activity.
2.2 Consumers are excluded from using the Service.
2.3 By requesting access, ordering, paying for, registering for or using the Service, the Customer confirms that it is not a consumer and does not use the Service for private, family or household purposes.
3. Territorial Restrictions
3.1 The Service is not offered to customers that are established, located, operating, using the Service from, making payments from or otherwise materially connected to an excluded territory.
3.2 Excluded territories are: Russian Federation, Republic of Belarus, Democratic People’s Republic of Korea (North Korea) and State of Israel.
3.3 The Provider may refuse, suspend or terminate inquiries, orders, payments, access or use where there is a connection to an excluded territory or where legal, compliance, security, payment, tax, operational or business reasons require or justify this.
3.4 This territorial restriction relates to establishment, location, business operations, use, payment or other objective points of connection. It does not relate to nationality, religion, ethnic origin or other personal characteristics of individuals.
4. Development Status and Independent Verification
4.1 The Service is provided as an early-access/beta offering. Further provisions on availability, no SLA, backups, data loss and discontinuation of the Service are set out in particular in Section 15.
4.2 The Customer acknowledges that the Service is under development and may contain errors, incomplete features, experimental functionality, data inconsistencies, display errors or other limitations.
4.3 Specific features, technical architectures, data structures, visualizations, calculation logic or other elements of the Service are not guaranteed and may be changed, expanded, reduced, replaced or discontinued with future effect.
4.4 The Service is not intended for mission-critical, safety-critical, production-critical, regulated or otherwise high-risk use cases. To the extent permitted by law, the Customer uses the Service at its own risk.
4.5 The Customer must independently verify all inputs, outputs, calculations, visualizations, status information, workflows and other information from the Service and must not rely on them as the sole basis for decisions without verification.
5. Account Creation and Access
5.1 Accounts are generally created manually by the Provider upon request by the Customer. There is no right to self-service registration or automatic account creation.
5.2 The Customer designates one responsible administrator. The administrator is responsible in particular for user management, plan and order requests, billing matters and other account-related actions.
5.3 The Customer is responsible for all actions taken through its accounts, users, administrators, employees, contractors or other persons authorized by the Customer.
5.4 The Customer must keep access credentials confidential, take appropriate security measures and promptly inform the Provider of unauthorized use or security incidents.
6. Orders, Contract Formation and Trial Period
6.1 Orders are placed by email or another request in text form.
6.2 An order becomes binding only when the Provider confirms it in text form or issues an invoice. A mere inquiry by the Customer does not create a right to access or a contract.
6.3 Access to a paid plan is generally activated only after receipt of payment, unless the Provider expressly confirms otherwise in text form.
6.4 A free trial is not provided by default. If the Customer expressly requests a free trial before ordering and the Provider confirms it, a trial period of 30 days may be granted.
6.5 A trial period does not create a right to enter into a paid contract, does not promise specific features and does not automatically convert into a paid subscription. The Provider may terminate or refuse trial access at any time.
7. Plans, Prices and Changes
7.1 The Provider may offer standard plans, such as monthly or annual plans, as well as individual arrangements.
7.2 Prices shown on the website are net prices and, where applicable, exclude VAT and other taxes, duties or fees. The specific tax treatment is determined by the invoice.
7.3 Plan scope, feature scope, prices, billing models and commercial terms may be changed with future effect.
7.4 Customers will be informed in advance about relevant changes to prices or plan terms, typically by email, website notice, in-service notice or together with the renewal invoice.
7.5 Changes do not apply retroactively to already paid billing periods. For existing subscriptions, changes generally take effect upon the next renewal or an expressly agreed plan change.
8. Invoices and Payment
8.1 Payment is made by bank transfer against invoice. There is no right to card payment, PayPal, self-service checkout or other payment methods.
8.2 Invoices are issued in advance. Unless stated otherwise on the invoice, invoices are due within 14 days from the invoice date.
8.3 The Customer is responsible for timely payment, correct payment reference and any fees charged by its bank.
8.4 The Provider is not required to activate, continue or renew access before the owed payment has been received.
8.5 In the event of late payment, the Provider may suspend access, refuse renewal, withhold services and exercise statutory rights including default interest.
9. Subscriptions, Term and Automatic Renewal
9.1 Paid plans are provided as subscriptions for the selected billing period, in particular monthly or annually.
9.2 Each subscription period automatically renews for another period of the same duration unless cancelled in due time.
9.3 Cancellation must be received by the Provider in text form at least one month before the end of the current billing period.
9.4 The Provider typically issues an invoice for the next billing period approximately one month before the end of the current billing period. Access for the next period requires timely payment.
9.5 A subscription period that is not cancelled in due time will be renewed and invoiced. Non-use of the Service does not constitute cancellation.
10. Upgrades and No Downgrades
10.1 Plan changes are available only as upgrades, in particular from a monthly to an annual plan or from a lower to a higher plan.
10.2 An upgrade starts immediately from the upgrade date confirmed by the Provider, generally after issuance and payment of the relevant invoice.
10.3 Unless expressly agreed otherwise, a new billing period starts with the upgrade. Unused time, fees or other value from the previous plan will not be refunded, credited or prorated.
10.4 Downgrades, switches from annual to monthly plans, reductions of plan scope, users, projects, units or other agreed quantities are not offered as a standard option. Exceptions require an express agreement in text form.
11. No Refunds and No Credits
11.1 Because the Service is offered exclusively to B2B customers, fees are generally non-refundable and non-creditable.
11.2 No refund or credit is granted in particular for non-use, unused periods, late or missing cancellation, early termination by the Customer, upgrade, refused downgrade, quantity reduction, feature changes, beta limitations, service interruptions or failure to request a trial before ordering.
11.3 Mandatory statutory rights remain unaffected. The Provider may voluntarily grant refunds or credits in individual cases without creating any obligation for the future.
12. Cancellation by Customer
12.1 The Customer may cancel a paid subscription only with effect at the end of the current billing period.
12.2 Cancellation must be made in text form; email is sufficient.
12.3 Cancellation does not entitle the Customer to a refund, credit, shortening of already paid periods or suspension of payment obligations already incurred.
12.4 Access remains available until the end of the paid period unless access is suspended or terminated earlier due to late payment, breach, security reasons, discontinuation of the Service or other grounds permitted under these Terms.
13. Suspension and Termination by Provider
13.1 The Provider may suspend or terminate access if the Customer fails to pay, breaches these Terms, misuses the Service, causes security risks, processes unlawful content, creates excessive load, infringes third-party rights, or if legal, compliance, security, technical, operational or business reasons require or justify this.
13.2 The Provider may in particular suspend or refuse to renew access if a due invoice has not been paid on time. The Provider is not required to separately remind the Customer to maintain its own backups.
13.3 In cases of security risks, unlawful use, compliance risks, attacks, misuse or threats to the Service, suspension may take effect immediately.
13.4 Suspension or termination does not release the Customer from payment obligations already incurred and does not create a right to a refund, unless mandatory law requires otherwise.
13.5 Changes, restrictions or discontinuation of the Service due to its early-access/beta status are additionally governed by Section 15.
14. Customer Data and Data Deletion
14.1 The Customer is solely responsible for the accuracy, completeness, legality, ownership or usage rights and external documentation of all data entered or processed by the Customer.
14.2 After termination of a contract or trial access, the Provider may delete Customer Data after a reasonable period, typically after 30 days, unless mandatory legal obligations prevent deletion.
14.3 Restoration after deletion is not owed.
14.4 Mandatory statutory rights of the Customer, in particular mandatory data portability or switching rights, remain unaffected.
14.5 Provisions on backups, data loss, the absence of a backup service and the absence of restore obligations are set out in particular in Section 15.
15. Early Access, Availability, No SLA, Backups and Discontinuation of the Service
15.1 phasi.app is provided as an early-access/beta service and solely on a best-effort basis. The Service is under development. The Customer uses the Service at its own risk. The Service may contain errors, incomplete features, experimental functionality, changes, restrictions, interruptions, data loss, data corruption and temporary or permanent unavailability.
15.2 No service level agreement, availability guarantee, minimum availability, response time, resolution time, recovery time, recovery point objective, recovery time objective, specific support commitment or service credits are provided unless expressly agreed in text form for an individual Enterprise engagement.
15.3 Maintenance, updates, changes, restrictions, interruptions or outages may occur at any time. The Provider may change, restrict, suspend or discontinue the Service, individual features, technical components, plans, prices or plan scope with future effect. The Customer will be informed of material changes in advance where reasonable and practically possible.
15.4 Support, if offered, is provided by email and solely on a best-effort basis. No guaranteed response time, resolution time or availability of support is owed.
15.5 The Service is not intended for mission-critical, safety-critical, production-critical or otherwise business-critical purposes. The Customer is solely responsible for assessing whether the Service is suitable for its purposes and for independently verifying all results, data, visualizations, calculations, structures, workflows and other content.
15.6 The Customer is solely responsible for regularly backing up all data entered, stored or processed in the Service outside the Service. The Customer should preferably back up its data daily, in particular by exporting it to Excel or similar software, making manual copies, taking screenshots or using other suitable backup methods. The Service is not a primary data storage, archiving or backup system.
15.7 The Provider does not provide a customer-specific backup, restore or archiving service and is not obliged to restore lost, corrupted, changed or deleted Customer Data. Technical system copies or snapshots, if any, are solely for the Provider’s internal operational or disaster recovery purposes and do not create any right of the Customer to restoration of individual data. Missing or insufficient backups outside the Service are solely within the Customer’s responsibility.
15.8 Payment obligations already incurred by the Customer remain unaffected by changes, restrictions, interruptions, outages or discontinuation of the Service. Refunds or credits are not granted unless mandatory law requires otherwise or the Provider expressly agrees otherwise in an individual case.
15.9 Mandatory statutory rights and obligations remain unaffected. This applies in particular to mandatory data protection obligations and to legally mandatory requirements regarding data return, data deletion, data portability or provider switching.
16. Confidentiality and Customer Data
16.1 The Customer retains all rights in its Customer Data.
16.2 The Customer grants the Provider a non-exclusive right, limited to the duration of the contract, to host, store, transmit, display and process Customer Data to the extent necessary to provide, secure, maintain, support and bill the Service and to comply with legal obligations.
16.3 Each party undertakes to protect the other party’s confidential information appropriately and not to disclose it without authorization. Confidential information includes non-public business, product, project, pricing, technical and organizational information.
16.4 The Provider may use aggregated or anonymized usage and diagnostic data for analytics, security, product improvement and business planning, provided that the Customer or individual users are not identified.
17. Provider Rights
17.1 All rights in software, user interfaces, designs, data models, workflows, logic, documentation, know-how, marks, domains, concepts and other elements of the Service remain with the Provider or its licensors.
17.2 The Customer receives only a simple, non-transferable, non-sublicensable right, limited to the contract term, to use the Service for internal business purposes within the agreed plan.
17.3 The Customer must not copy, decompile, reverse engineer, rent, lease, sell, resell, provide to third parties as its own service or grant rights in the Service, except where mandatorily permitted by law or expressly agreed.
18. Feedback
18.1 The Customer may provide feedback, ideas, suggestions or bug reports to the Provider.
18.2 The Provider may use such feedback without restriction and without compensation for product development, commercial use and other purposes, provided that the feedback does not contain confidential Customer information not intended for that purpose.
19. Acceptable Use
19.1 The Customer may use the Service only lawfully, in accordance with the contract and for internal business purposes.
19.2 Prohibited uses include unlawful content, malware, attacks, scraping, unauthorized security testing, circumvention of technical restrictions, excessive load, reverse engineering, resale, sublicensing, processing of data without sufficient rights and use for safety-critical, production-critical, regulated or high-risk decisions.
19.3 Without prior express agreement, the Customer must not enter special categories of personal data, health data, criminal conviction data, children’s data, export-controlled data or other highly sensitive regulated data into the Service.
20. Data Protection
20.1 Data protection is governed by the Privacy Policy and, where the Provider processes personal data on behalf of the Customer, by the Data Processing Agreement.
20.2 The Privacy Policy and the Data Processing Agreement form part of the contractual documentation.
20.3 In the event of conflict, individual agreements and the Data Processing Agreement prevail over these Terms for data processing matters.
21. Liability
21.1 The Provider is liable without limitation for intent and gross negligence, injury to life, body or health and all cases of mandatory statutory liability.
21.2 In cases of simple negligence, the Provider is liable only for breach of material contractual obligations. Material contractual obligations are obligations whose fulfilment enables proper performance of the contract and on whose compliance the Customer may regularly rely. In such case, liability is limited to typically foreseeable damage.
21.3 Subject to Section 21.1 and to the extent permitted by law, the Provider’s total liability for all claims arising from or in connection with the Service is limited to the fees actually paid by the Customer in the 12 months preceding the event giving rise to the damage.
21.4 Subject to Section 21.1 and to the extent permitted by law, the Provider is not liable for indirect damages, consequential damages, loss of profits, loss of business, production downtime, business interruption, data loss, data corruption or costs of data restoration, in particular where the Customer has failed to maintain its own backups.
21.5 The limitations of liability also apply in favor of the Provider’s agents, employees, contractors and legal representatives.
22. Indemnification
22.1 The Customer shall indemnify the Provider against third-party claims arising from or in connection with unlawful use, Customer Data, breach of these Terms, infringement of third-party rights, data protection violations caused by Customer Data or Customer instructions, or actions of the Customer’s users.
22.2 The indemnity includes reasonable defense costs, damages, settlements and other expenses to the extent attributable to the Customer.
23. Changes to these Terms
23.1 The Provider may amend these Terms with future effect.
23.2 Material changes will be notified to the Customer in advance, in particular by email, website notice, notice within the Service or together with the next invoice.
23.3 Changes generally apply from the next billing period or from the notified date. Changes required for legal, security or technical reasons may apply earlier.
23.4 Continued use of the Service after changes become effective or payment of a renewal invoice is deemed acceptance to the extent permitted by law.
24. Governing Law and Jurisdiction
24.1 These Terms are governed by the laws of the Federal Republic of Germany, excluding conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).
24.2 The exclusive place of jurisdiction is, to the extent legally permitted, the court competent for the Provider’s business address in Germany.
25. Final Provisions
25.1 If any provision of these Terms is or becomes invalid or unenforceable, the remaining provisions remain unaffected. The statutory rules apply in place of the invalid provision.
25.2 The Customer may transfer rights and obligations under the contract only with the Provider’s prior consent. The Provider may transfer rights and obligations to a legal successor or operator of the Service, provided that legitimate interests of the Customer are protected.
25.3 In case of discrepancies between the German and English versions, the German version prevails.