Terms of service

Phygtl, Inc. Terms of Service

These Terms of Service (“Terms”) constitute a binding legal agreement between you (“you” or “User”) and Phygtl, Inc. (“Phygtl,” “we,” “our,” or “us”), governing your access to and use of our services, including but not limited to the Vyry App and the Vyry Discord Bot (collectively, the “Services”). By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

 
1. The Services

1.1 Provision of Services. Phygtl agrees to provide you with access to the Services, which consist of interactive digital applications and integrations designed to facilitate creative, participatory, and community-driven experiences. These Services include the Vyry App, available as a standalone mobile application, and the Vyry Discord Bot, designed to integrate into Discord servers.

1.2 Nature of Services. The Services are provided for entertainment, social, and creative engagement purposes only. We make no representations as to fitness for any commercial, financial, or professional purpose.

1.3 Modifications. Phygtl reserves the right, at any time and without liability, to modify, suspend, or discontinue all or any part of the Services.

 
2. Eligibility and Accounts

2.1 Age Requirement. You must be at least thirteen (13) years old, or the minimum age of digital consent in your jurisdiction, to create an account or use the Services. If you are under eighteen (18), you represent that your parent or legal guardian has reviewed and accepted these Terms on your behalf.

2.2 Account Registration. To use certain features, you may be required to create an account and provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account.

2.3 Prohibited Users. You may not access or use the Services if you are:
(a) prohibited by applicable law from doing so;
(b) a person previously suspended or terminated by Phygtl; or
(c) a convicted sex offender or otherwise legally restricted from engaging in online community services.

 
3. License to Use the Services

3.1 Limited License. Subject to your full compliance with these Terms, Phygtl grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for lawful, personal, and non-commercial purposes.

3.2 Restrictions. You may not, directly or indirectly:
(a) copy, reproduce, modify, adapt, distribute, sell, lease, or sublicense any part of the Services;
(b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Services, except to the extent expressly permitted under applicable law;
(c) circumvent any technological measures implemented to protect the Services;
(d) use the Services to develop, train, or improve any artificial intelligence or machine learning models; or
(e) use the Services for any unlawful, infringing, harmful, fraudulent, or abusive purpose.

3.3 Reservation of Rights. All rights not expressly granted to you under these Terms are reserved by Phygtl and its licensors.

 
4. User Content

4.1 Ownership of User Content. You retain ownership of all content, data, or materials that you create, upload, submit, or otherwise make available through the Services (“User Content”).

4.2 License to Phygtl. By submitting User Content, you grant Phygtl a worldwide, perpetual, non-exclusive, royalty-free, fully paid, transferable, and sublicensable license to host, store, reproduce, adapt, modify, publish, translate, create derivative works from, distribute, publicly display, publicly perform, and otherwise use such User Content for the limited purpose of operating, improving, securing, and promoting the Services.

4.3 Representations and Warranties. You represent and warrant that you have all necessary rights, licenses, and consents to grant the foregoing license, and that your User Content does not infringe or violate the rights of any third party or any applicable law.

4.4 Survival of License. The license granted under this Section survives termination of your account to the extent necessary for Phygtl to operate and maintain the Services where your User Content has been shared with or relied upon by others.

 
5. Community Standards

5.1 General Conduct. You agree not to create, post, or share any User Content, or otherwise engage in any activity on or through the Services, that is unlawful, defamatory, obscene, harassing, hateful, discriminatory, misleading, or otherwise harmful.

5.2 Enforcement. Phygtl reserves the right, at its sole discretion, to remove any User Content, suspend or terminate accounts, restrict features, or otherwise enforce these Terms as necessary to protect the Services, our users, or the public, or to comply with applicable law.

5.3 No Duty to Monitor. While Phygtl reserves the right to monitor content or activity on the Services, we are under no obligation to do so.

 
6. Third-Party Services

6.1 Integrations. The Services may rely on or integrate with third-party platforms, including Discord. Use of those platforms is subject to their terms and conditions.

6.2 Disclaimer of Responsibility. Phygtl does not control and is not responsible for third-party services, their content, availability, or security. You access such services at your own risk.

 
7. Intellectual Property

7.1 Ownership. All rights, title, and interest in and to the Services, including but not limited to software, code, databases, graphics, user interfaces, designs, and trademarks, are and shall remain the exclusive property of Phygtl and its licensors.

7.2 Restrictions. You may not use Phygtl’s trademarks, logos, or branding without our prior written permission.

 
8. Termination

8.1 By You. You may terminate these Terms at any time by ceasing use of the Services and, if applicable, deleting your account.

8.2 By Phygtl. We may suspend or terminate your access to the Services, in whole or in part, immediately and without notice if:
(a) you breach these Terms;
(b) your use creates risk, liability, or harm to others or to Phygtl; or
(c) we are required to do so by law.

8.3 Effect of Termination. Upon termination, all licenses granted to you shall immediately cease. Sections that by their nature should survive termination—including but not limited to those concerning Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law—shall survive.

 
9. Disclaimers

9.1 As-Is Basis. The Services are provided “AS IS” and “AS AVAILABLE,” without any warranties of any kind, whether express, implied, or statutory.

9.2 No Warranties. Without limiting the foregoing, we specifically disclaim all implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non-infringement, and any warranties arising from course of dealing or usage of trade.

9.3 No Guarantee. We do not warrant that the Services will be uninterrupted, error-free, secure, free of harmful code, or that defects will be corrected.

 
10. Limitation of Liability

10.1 Exclusion of Damages. To the fullest extent permitted by law, Phygtl shall not be liable for any indirect, incidental, consequential, exemplary, punitive, or special damages, including but not limited to loss of profits, revenue, goodwill, data, or other intangible losses, arising from or related to your use of the Services.

10.2 Cap on Liability. In no event shall Phygtl’s total liability arising out of or relating to these Terms or the Services exceed the greater of (a) one hundred U.S. dollars (USD $100) or (b) the amount you have paid Phygtl in the twelve (12) months preceding the event giving rise to liability.

10.3 Scope. The foregoing limitations apply regardless of whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damages.

 
11. Indemnification

You agree to defend, indemnify, and hold harmless Phygtl, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:
(a) your access to or use of the Services;
(b) your violation of these Terms; or
(c) your User Content.

 
12. Dispute Resolution and Arbitration

12.1 Mandatory Arbitration. Except where prohibited by law, you and Phygtl agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively by binding arbitration on an individual basis, administered by the American Arbitration Association under its Consumer Arbitration Rules.

12.2 Class Action Waiver. You may bring claims only in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative action. Class arbitrations, class actions, and representative proceedings are not permitted.

12.3 Exceptions. Claims relating to intellectual property rights, unauthorized use of the Services, or violation of applicable laws regarding access may be brought in court.

12.4 Opt-Out. You may opt out of arbitration within thirty (30) days of first accepting these Terms by providing written notice to Phygtl at the contact address below.

12.5 Governing Law of Arbitration. This arbitration agreement is governed by the U.S. Federal Arbitration Act.

 
13. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict-of-law principles. For claims not subject to arbitration, you agree to the exclusive jurisdiction of the state and federal courts located in San Mateo County, California, and you waive any objection to venue or personal jurisdiction in such courts.

 
14. Updates to These Terms

Phygtl may revise these Terms from time to time. Unless otherwise required by law, we will notify you of material changes before they become effective. By continuing to access or use the Services after updates take effect, you agree to be bound by the revised Terms. If you do not agree, you must stop using the Services.

 
15. Miscellaneous

15.1 Entire Agreement. These Terms constitute the entire agreement between you and Phygtl regarding the Services and supersede any prior agreements.

15.2 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

15.3 Waiver. Failure by Phygtl to enforce any right or provision shall not constitute a waiver of such right or provision.

15.4 Assignment. You may not assign or transfer these Terms without prior written consent. Phygtl may assign these Terms freely in connection with a merger, acquisition, or sale of assets.

15.5 Force Majeure. Phygtl shall not be liable for any failure or delay in performance due to events beyond our reasonable control, including acts of God, natural disasters, government actions, labor disputes, outages, or interruptions of communications.

15.6 Headings and Interpretation. Headings are for convenience only and shall not affect interpretation. Words such as “including” mean “including without limitation.”

15.7 No Third-Party Beneficiaries. Except as expressly stated, these Terms do not create any rights for third parties.

 
16. Contact Information

If you have questions or concerns about these Terms, you may contact us at:

Phygtl, Inc.
[email protected]

Palo Alto, CA, USA.