Terms of Service (Terms of Use)

Effective from: 3 August 2026. Wersja polska

1. Operator and nature of the Service

These terms (the "Terms") set out the rules for using the Phanes service available at getphanes.com (the "Service" or "Phanes"). The operator of the Service is DSEG spolka z ograniczona odpowiedzialnoscia, with its registered office in Warsaw, ul. Klobucka 8B lok. 106, 02-699 Warsaw, Poland, entered in the register of entrepreneurs of the National Court Register (KRS) kept by the District Court for the Capital City of Warsaw, 13th Commercial Division, under KRS number 0001073261, NIP (tax ID) 9512584109, REGON 527119256, share capital PLN 5,000 (the "Operator").

The subject of the agreement concluded under these Terms is paid access to a software tool in the Software-as-a-Service (SaaS) model, together with a non-exclusive, non-transferable licence to use it for the subscription period. Phanes is a tool that supports running ad campaigns in Meta Ads and Google Ads: it audits connected accounts, generates recommendations based on data and AI models, provides analytics and reports, and executes campaign changes under the rules described in section 6. The Operator does not provide advertising agency services and does not run or optimise campaigns on commission - all functions of the tool are initiated and controlled by the User.

2. Account and conclusion of the agreement

• The agreement is concluded upon registration, i.e. signing in with a Google account (OAuth) and accepting these Terms and the Privacy Policy.
• A User may be a natural person with full legal capacity, a legal person or an organisational unit with legal capacity.
• The User declares that they hold the rights to the ad accounts and services (Meta Ads, Google Ads, Google Analytics 4, Search Console) they connect to Phanes.
• The User undertakes to provide true data and is responsible for the confidentiality of the credentials of the Google account used to sign in to the Service.
• Authorisation of Phanes' access to Google and Meta accounts can be revoked at any time (myaccount.google.com/permissions, Meta account settings), independently of disconnecting the account in the Service.

3. Trial period

A new User receives 12 hours of free, full access to the Service, counted from first use. No payment card details are required during the trial period. After the 12 hours have passed, continued use requires choosing a Plan and paying for a subscription. The trial period is granted once: an ad account or Google account that has already used the free period does not entitle the same or another User to a further trial period.

4. Plans, payments and invoices

• Phanes is provided in subscription plans (Starter, Business, PRO). Current prices, the scope of the plans and the number of ad accounts and users included are shown on the Pricing page; in the event of any discrepancy with these Terms, the Pricing page prevails.
• The billing cycle is monthly or annual (payment in advance), as chosen by the User. Special offers (e.g. PHANES FANS - a one-off upfront payment for 20 months of access at a fixed price) are settled under the conditions stated with the given offer. Prices are net amounts; VAT is added at checkout.
• Beyond the number included in the Plan, additional ad accounts and additional users can be purchased (not available on the Starter plan) - at the rates on the Pricing page.
• Payments are handled by the external payment operator Stripe. By choosing card payment, the User consents to recurring payments - the subscription renews automatically at the end of the paid period until cancelled.
• If a payment fails, the Operator may retry the charge; until payment is settled, access to paid features may be suspended.
• The User consents to electronic invoices. An invoice is issued for every payment, with a description containing the plan name and the designation "Phanes AI".
• Upgrading to a higher Plan takes effect immediately (with an appropriate fee adjustment); downgrading takes effect from the next billing cycle.

5. AI power included in the plan

Running and optimising campaigns with the deterministic Phanes engine does not consume AI model power. AI power is consumed by operations such as audits, continuous account data analysis, analytics with AI conclusions, and chat. Power is billed in credits: 1 credit corresponds to 100,000 input tokens or 50,000 output tokens of the AI models.

• Included monthly in the plan price is approximately: Starter ~45 credits, Business ~120 credits, PRO ~165 credits.
• Indicatively this corresponds to several dozen full audits or account analyses per month on the Starter plan and correspondingly more on the Business and PRO plans - actual consumption depends on the size and number of connected accounts.
• Current consumption and available power are shown in the "Phanes Power" section of your profile; power can be topped up independently of the plan.

6. Approving changes and autonomy mode

The default operating principle of Phanes is "human-in-the-loop": the tool proposes changes (e.g. budget, status, campaign creation) and executes them only after the User's approval. New campaigns and other entities are created as paused (PAUSED).

The User may additionally deliberately enable autonomy mode (the "Let Phanes act" / "Full automation" button). Enabling autonomy mode constitutes express consent for Phanes to independently perform, on the indicated account, only defined, safe optimisation actions within the agreed budget limits. Autonomy mode can be disabled at any time, and its availability depends on the Plan. Actions performed in autonomy mode are deemed performed on the User's instruction and with the User's consent.

7. User obligations

• Using the Service in accordance with the law, these Terms and the terms of the platforms integrated with the Service, in particular the Meta Terms of Service and Advertising Standards and the Google Terms of Service.
• Full responsibility for ad content, campaigns and actions taken on the User's own ad accounts, including their compliance with regulations (including the GDPR) and platform policies.
• A prohibition on actions disrupting the operation of the Service, attempts at unauthorised access, circumventing safeguards and limits, and decompiling or reverse engineering the System.

8. Liability

• The Operator is responsible for providing and operating the tool. The Operator does not run the User's campaigns and does not guarantee any advertising or business results - AI recommendations are informational only and support decision-making.
• The Operator is not liable for the effects of changes approved by the User or for the effects of actions performed in autonomy mode within the limits set by the User (section 6).
• The Operator is not liable for the unavailability of or changes to external APIs and services (Meta, Google, Stripe), for interruptions caused by those parties, or for the effects of force majeure. The Operator is entitled to periodic technical breaks, keeping their inconvenience to a minimum.
• Towards Users who are not consumers, the Operator's liability is limited to the fee paid for the last full billing cycle preceding the event and does not include lost profits, unless mandatory provisions of law state otherwise. This limitation does not apply to consumers.

9. Complaints and withdrawal from the agreement

• Complaints can be submitted to the e-mail address indicated in section 13. The Operator handles them no later than within 14 days and replies electronically.
• A consumer, and a natural person running a sole proprietorship for whom the agreement is not of a professional nature, may withdraw from the agreement within 14 days of its conclusion without giving a reason (Polish Consumer Rights Act of 30 May 2014).
• If, at the User's express request, performance began before the withdrawal period expired, upon withdrawal the User pays for the services provided up to the moment of withdrawal. The right of withdrawal expires when the Operator has fully performed the service with the express consent of a User informed of the loss of this right.
• A consumer may use out-of-court complaint and redress procedures.

10. Cancellation and termination

• The User may cancel the subscription at any time, effective at the end of the current paid period - retaining full access until then. The services are prepaid; the Operator does not refund fees for the unused part of the period, subject to the consumer rights in section 9.
• The account can be deleted in the Service settings or following the procedure on the Data deletion page.
• The Operator may suspend access or terminate the agreement with immediate effect if the User violates the law, these Terms, third-party rights or the Meta and Google platform terms, or provides untrue data.

11. Personal data

The controller of personal data is the Operator. The rules of data processing, including the encryption of tokens and account data (AES-256-GCM), are described in the Privacy Policy. Data can be deleted via the data deletion page.

12. Third-party services

The Service uses the Google APIs (Google Ads, Google Analytics 4, Search Console) and the Meta APIs (Meta Marketing API). The use of information from Google interfaces complies with the Google API Services User Data Policy, including the Limited Use requirements: "Phanes' use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements."

13. Final provisions and contact

• The Service, the System and their elements are the intellectual property of the Operator or its licensors. The User acquires no rights other than the licence described in section 1.
• The Operator will announce material changes to these Terms at least 7 days in advance by a notice in the Service or by e-mail; refusal to accept the changes entitles the User to terminate the agreement before they take effect.
• Matters not regulated here are governed by Polish law. Disputes are resolved by the court competent for the Operator's registered office, subject to mandatory consumer protection provisions.
• Contact: contact@getphanes.com. DSEG sp. z o.o., ul. Klobucka 8B lok. 106, 02-699 Warsaw, Poland, KRS 0001073261, NIP 9512584109, REGON 527119256.