Terms of Service
Last updated: 17 October 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.app
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 offering does not target businesses established or principally operating in the Russian Federation, Belarus, North Korea or Israel. This is the Provider's commercial territory policy, not a representation of a uniform statutory sanctions prohibition.
3.2 Applicable sanctions and export restrictions must independently be observed. The policy concerns business establishment and operations, not the nationality, religion or ethnic origin of individual users.
3.3 Before contracting, the Provider may decline inquiries outside the offering's territory. Suspension and termination of existing contracts are governed by Section 13; a change of territory policy does not permit arbitrary discontinuation of agreed services.
4. Development Status and Service Scope
4.1 The Service is in early access. Known material limitations are disclosed before contracting. Agreed services remain binding; development status does not remove performance or statutory duties.
4.2 The individual offer specifies functionality, capacity and usage limits. Unagreed future features are not owed. Changes are governed by Sections 7 and 23.
4.3 The Service supports project planning and is not a safety-critical control, protection or authorization system. The Customer assesses suitability and verifies calculations, dates and progress values before relying on them for decisions. Statutory remedies for defects remain available.
4.4 Real projects may be processed during the pilot. The exemption for purely non-production testing versions under the EU Data Act is therefore not invoked as a blanket exemption.
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 manages user permissions and is responsible for conduct attributable to it under law. Strict liability for every instance of account misuse is not agreed.
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. Contract Formation and Free Pilot Project
6.1 Inquiries are non-binding. Before contracting, the Customer receives the individual offer, these Terms and, where processing on behalf of the Customer occurs, the DPA with its annexes in a form that can be saved. A contract arises from matching declarations in text form; issuing an invoice alone does not replace missing agreement.
6.2 The person acting for the Customer must have authority to contract. The Customer confirms its business purpose. Individual agreements take precedence over these Terms.
6.3 Paid access starts at the agreed time; agreed advance payment may be a condition of activation.
6.4 The free pilot lasts three months from the jointly agreed start date. Either party may end it at any time with immediate effect by notice in text form. No usage fees apply.
6.5 The pilot ends after three months at the latest without cancellation, automatic renewal or conversion to a paid contract. Paid continuation requires a separate agreement. Neither party is obliged to continue.
6.6 Data protection, confidentiality, security, lawful use and data return and deletion remain binding during the pilot. Its end does not replace orderly data wind-down under Section 26 and the DPA.
7. Individual Services and Prices
7.1 Prices and VPS capacity are individually agreed for each company with reference to the agreed number of PHASI users. Each customer company receives a separate virtual server at STRATO. The offer defines billable user seats, features, capacities, service start and billing period.
7.2 Prices are net amounts plus any legally applicable VAT. Tax treatment is stated on the invoice.
7.3 A change in user count does not automatically trigger retrospective price changes. Price or scope adjustments require agreement in text form. Without agreement, existing terms continue until effective termination.
7.4 Technical maintenance and security updates are permitted while preserving agreed service scope and legitimate Customer interests. Material reductions or new charges cannot be introduced merely through a website notice or invoice.
8. Invoices and Payment
8.1 Payment is by bank transfer against invoice. Other methods require agreement.
8.2 The agreed billing amount is invoiced in advance and due within 14 days of receipt unless the offer provides otherwise. An invoice does not unilaterally change contractual payment terms.
8.3 The Customer uses the specified payment reference and bears its bank's fees. Statutory rights of retention, set-off and other defenses remain unaffected.
8.4 Statutory remedies apply to payment default. Suspension must meet Section 13; an invoice becoming due does not automatically permit immediate shutdown.
9. Paid Contract Term and Renewal
9.1 The individual offer specifies term and billing period. Agreed monthly or annual subscriptions renew for the same period unless cancelled in time.
9.2 Unless the offer agrees a different period, ordinary cancellation must be received in text form at least one month before term end. The notice period and first term-end date are expressly stated in the offer.
9.3 A renewal invoice only records previously agreed terms. Non-use alone is not cancellation.
9.4 Termination for cause and the special switching and termination rights in Section 26 remain unaffected. Pilot duration and termination are governed exclusively by Section 6.
10. Order Changes
10.1 Changes to capacity, user count or term are individually agreed in text form. There is no entitlement to a configuration not technically offered.
10.2 Price, effective date and any new term are documented before the change. Prepaid unused fees for replaced services are credited proportionately; the same service is not charged twice.
10.3 Reductions for future contract periods may be agreed. Cancellation and statutory switching rights remain available independently.
11. Billing for Non-Use and Service Failures
11.1 Voluntary non-use of a service provided as agreed does not remove payment obligations until effective contract termination.
11.2 Statutory remedies for defects, non-performance and other breaches, including fee reduction, repayment and termination, are not generally excluded. The Customer reports faults with available information so the Provider can investigate and remedy them.
11.3 If the obligation to provide services effectively ends before a prepaid period expires, the amount relating to the period after termination is settled proportionately and any credit balance refunded. Separate statutory claims remain available.
11.4 B2B or beta status alone does not release the Provider from performance or repayment obligations.
12. Customer Cancellation
12.1 Ordinary cancellation follows Section 9; pilot termination follows Section 6. Email to info@phasi.app satisfies text form.
12.2 Both parties retain termination rights for cause. Where required, reasonable opportunity to remedy or a warning must first be given.
12.3 Agreed services continue until effective termination, subject to lawful proportionate suspension. Billing and data wind-down follow Sections 11 and 26.
13. Provider Suspension and Termination
13.1 Suspension is permitted insofar as necessary and proportionate for a material breach, payment default, unlawful use or a concrete security threat. Reasons and a reasonable remedy period must first be provided unless immediate action is necessary to avert danger or the law provides otherwise.
13.2 Suspension is limited to the necessary scope and duration and lifted when its grounds cease. The Customer is informed of reasons, scope and required remedy insofar as legally permitted and consistent with security.
13.3 Extraordinary termination requires cause. General business considerations alone do not permit immediate termination of a paid term. Provider ordinary cancellation follows Section 9; Section 6 applies to the pilot.
13.4 Data must not be deleted solely because fees are outstanding or withheld contrary to statutory return and switching duties. Secure wind-down under Section 26 remains necessary during suspension.
13.5 For planned service discontinuation, the Provider gives timely notice and enables orderly wind-down. Settlement and refunds follow Section 11.
14. Customer Data
14.1 The Customer retains its rights in Customer Data and is responsible for lawful collection, content and instructions. The Provider's own statutory duties remain unaffected.
14.2 Return, export, switching and deletion follow Section 26 and, for personal data, the DPA. Automatic deletion merely 30 days after contract termination is not agreed.
14.3 Recovery is no longer possible after lawful final deletion. The Provider informs the Customer of the intended deletion date during wind-down.
15. Operations, Support and Backups
15.1 Early access describes development status and does not exclude agreed performance duties. A specific uptime percentage or service credits apply only if expressly agreed.
15.2 Support is provided by email to info@phasi.app. An initial response is provided within 24 working hours after receipt. This is not a promise to fully resolve the issue within that period. Applicable working days, service hours, time zone and holiday rules must be specified in the individual offer before contracting. Statutory duties of appropriate fault remediation and security remain unaffected.
15.3 Planned maintenance is announced in advance where possible and conducted with regard to Customer interests. Urgent security measures may require action without advance notice; appropriate information follows.
15.4 According to the Provider, STRATO VPS data is backed up daily to Cloudflare R2, European Union (EU) jurisdiction, and retained for one month. Archives including the database and configuration are encrypted before upload using age and a separate PHASI key. The Provider successfully tested encryption and recovery from an encrypted R2 archive. No local SaaS backup copies exist; the private key is kept locally with a backup on USB. According to the Provider, deletion after one month and targeted earlier deletion of individual customer backups are configured.
15.5 R2 operational backups are distinct from the customer backup feature: customers can download a backup file through the interface, retain it themselves and later import it into PHASI. According to the Provider, this process works; the file is not readable without PHASI. Format, scope and version compatibility are specified in the service description applicable to the Customer. No specific recovery point for operational backups is guaranteed without agreement.
15.6 Customer backups can provide additional protection where suitable export facilities exist. They do not replace the Provider's security, backup and recovery duties. No complete exclusion of recovery obligations is agreed.
15.7 Technical and organizational measures for the customer environment are recorded in the DPA. Technical logs managed by the Provider are retained for one month. No PHASI certification or guarantee against every loss of data is promised.
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 has unlimited liability for intent and gross negligence, injury to life, body or health, fraudulent concealment of a defect, expressly assumed guarantees and mandatory statutory liability.
21.2 For simple negligence the Provider is liable for breach of material contractual duties enabling proper performance and on whose compliance the Customer may ordinarily rely. Liability is limited to loss typical of the contract and foreseeable when contracting. Liability for simple negligence is otherwise excluded.
21.3 There is no additional cap based on fees paid. Liability during a free pilot is not reduced to zero merely because no fees were paid. There is no blanket exclusion of data loss, restoration costs or consequential losses; Sections 21.1 and 21.2 govern.
21.4 Contributory fault is assessed under statutory requirements. Missing Customer backups alone do not exclude Provider liability, particularly where suitable export was not provided.
21.5 These provisions also apply to legal representatives and persons engaged to perform obligations. Data subjects' rights and mandatory data protection liability remain unaffected.
22. Third-Party Claims
22.1 The Customer indemnifies the Provider against justified third-party claims to the extent arising from unlawful use attributable to the Customer or culpable infringement of third-party rights through Customer Data. The Provider's own breaches are excluded.
22.2 The Provider informs the Customer without undue delay, allows reasonable participation in the defense and does not admit claims without coordination. Only necessary reasonable costs are recoverable. Settlements at the Customer's expense require its consent, which must not be unreasonably withheld.
23. Changes to Contractual Terms
23.1 Contract changes require agreement in text form. Proposed changes and their material effects are communicated in advance.
23.2 Silence, continued use or payment of an invoice already owed do not constitute acceptance of new terms. Without agreement the existing contract governs; ordinary and statutory termination rights remain available.
23.3 Legally required measures and necessary security measures are implemented to the required extent and explained. They do not create a general right to raise prices or unilaterally reduce material services.
24. Governing Law and Jurisdiction
24.1 German law applies, excluding the UN Sales Convention. Mandatorily applicable law remains unaffected.
24.2 Where both parties meet the statutory requirements for a jurisdiction agreement, particularly where both are merchants under German commercial law, the court competent for the Provider's business address is agreed. Otherwise statutory jurisdiction rules apply; business-customer status alone does not establish this agreement.
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 Transfer of the entire contract to a third party requires the other party’s consent unless statutory succession or another statutory rule applies. Statutory assignment rules remain unaffected.
25.3 In case of discrepancies between the German and English versions, the German version prevails.
26. Data Return, Switching and Deletion
26.1 Data return. Customers can download a backup file through the interface and import it into PHASI. The file is not readable without PHASI. Direct import into third-party systems is not promised. Statutory return and switching rights remain unaffected; technical details required for the individual order are recorded before contracting.
26.2 Request and authority. Requests for data return, switching to another provider or the Customer's own IT, and deletion are sent to info@phasi.app. The Provider reasonably verifies the requester's authority and confirms destination, scope, dates and contacts in text form. Unnecessary additional identity data is not requested.
26.3 Scope. Return covers exportable data and digital assets supplied by the Customer or generated through its use. The customer-specific inventory must cover, in particular, actually stored project and product structures, tasks, phases, dates, durations, relationships, configurations, user assignments and, where present, comments, attachments and necessary metadata. The complete inventory is recorded against the customer environment before contracting.
26.4 Distinction from software. Data return does not transfer rights in PHASI source code, internal program logic or other customers' data. Authentication secrets are not provided as access credentials. Trade-secret exclusions must be specifically identified and must not obstruct legally required switching. Automatic importability or identical functionality in third-party software is not promised.
26.5 Technical description. Before contracting, the Customer receives a retainable description of data categories, formats, relationships, limitations and any excluded internal categories. Where legally required, an up-to-date online register is provided and linked in the contract. PHASI backup download alone is not a promise of an open interchange format. Technical arrangements must not restrict statutory switching rights.
26.6 Switching process. A notice period of no more than one month applies for switching; earlier commencement is accommodated on request where feasible. Transfer then proceeds without unnecessary delay, normally within at most 30 calendar days. The Provider gives reasonable assistance, maintains security and agreed service continuity, and explains known risks. The Customer identifies the destination system and reasonably cooperates.
26.7 Extension. If transition within 30 calendar days is technically unfeasible, the Provider gives reasons within 14 working days of the switching request and specifies an alternative transition period of no more than seven months. The Customer may extend the transition period once for a period appropriate to its purposes. Further mandatory statutory rights remain unaffected.
26.8 Termination and retrieval. For switching, termination is confirmed after successful completion. If deletion alone is chosen, the contract ends no later than the agreed notice period. At least 30 calendar days after the transition period are allowed to retrieve the supplied data. If the contract or pilot ends earlier, secure retrieval must be provided separately from productive access; free pilot usage does not automatically extend. Backup download during active access exists; secure retrieval after access ends is arranged with the Customer.
26.9 Transfer and charges. Data is transferred to an authorized recipient by an appropriately secured method. The Customer receives information to check completeness and readability. No separate switching, export or deletion fees are charged for the standard procedure. Regular fees owed until effective termination and proportionate settlement under Section 11 remain distinct. Special additional services must not substitute paid services for statutory switching rights.
26.10 Active data. After successful handover and expiry of the retrieval period, active Customer Data and handover copies are deleted unless the Customer gives a different lawful instruction or retention is legally required. A timely request for earlier deletion is implemented subject to statutory rights. Automatic deletion during an ongoing return or switching process is excluded.
26.11 Backups. R2 backups are regularly retained for one month. According to the Provider, no local backup copies exist. Deletion duties cover all copies regardless of location. The Provider confirms that individual customer backups can be deleted early by a specific intervention; this must be incorporated into wind-down and evidenced. A regular retention cycle does not permit blanket continued retention after a deletion duty arises. Lawfully remaining backups must be blocked against further use; deletions must be reapplied upon restoration.
26.12 Evidence and precedence. The Provider confirms completion and identifies any legally permitted residual records with purpose, protection and deletion date. The Provider's own invoices and contract records subject to retention duties are handled separately from Customer Data. The DPA takes precedence for personal data; statutory return, deletion and switching rights cannot be restricted by this process.