Last updated:
December 2, 2025
Phlanka – Full Terms of Service (Extended)
These Terms of Service (“Terms”) govern your access to and use of the tools, software, and services provided via phlanka.com and related domains (collectively, the “Service”). By creating an account, purchasing a licence, or using the Service in any way, you agree to these Terms. If you do not agree, do not use the Service.
“Phlanka”, “we”, “us”, and “our” refer to the sole trader operating the Service. “You” and “your” refer to the person or entity using the Service.
1. Eligibility & Accounts
- You must be at least 18 years old and able to enter into a binding contract. You are not in a country or on a sanctions list where use is prohibited.
- You are responsible for keeping login details secure and for all activity under your account, including team members/contractors you invite.
- If you suspect unauthorised access or a security issue, notify us promptly and change/revoke access as needed.
2. Licence & Access Rights
- We grant you a personal, non-exclusive, non-transferable, revocable licence to use the Service and associated downloadable tools (including source code) for your internal business or personal purposes, subject to these Terms and payment of fees.
- You must not resell, sublicense, rent, lease, or share access beyond permitted seats; and you must not create a competing product by copying or substantially replicating our tools.
- We may enforce seat limits, fair use, and technical restrictions (rate limits, API limits) and monitor usage to protect the Service and other users.
3. Acceptable Use
- Do not reverse-engineer, decompile, disassemble, or attempt to derive source code of our hosted software (excluding raw source we explicitly provide under these Terms).
- Do not bypass technical limits, security protections, or usage controls; do not scrape/crawl beyond what your plan permits.
- Do not upload malware or harmful code; do not engage in fraud, spam, harassment, hate speech, or rights infringement.
- Do not use the Service in a way that could harm systems or impair other users’ access.
- We may investigate suspected misuse and suspend/terminate access (with or without notice) where we reasonably believe the Terms are or may be violated.
4. Plans, Billing, Refunds & Chargebacks
- Pricing/plan details are shown on the site/checkout. We may change pricing/plans for future periods with notice where required.
- You authorise us/our processors (e.g., Stripe, PayPal) to charge your payment method; keep billing info current.
- No-refund (digital products): purchases are non-refundable once a licence is issued, activated, or tools are downloaded/accessed—even if only used once.
- Download/activation logged = sale final; “accidental purchase” or “used once” is not refundable. If no download and no activation are logged, a refund may be considered at our discretion after verifying usage records.
- Chargebacks on active/used/downloaded licences are not permitted; we may dispute with evidence and may suspend accounts and forfeit licences/referrals/credits if a chargeback is initiated on a valid charge.
- Billing errors (e.g., duplicate charges) will be corrected or refunded when validated. Trials/promos/credits are time-limited and non-transferable unless stated.
- Consumer rights: nothing here overrides mandatory consumer rights where they apply (e.g., UK/EU); where those conflict, mandatory law controls.
5. Referral Programme
- Abuse (self-referrals, fake accounts, purchased signups, incentivised signups) is prohibited and voids credits.
- Credits apply only after valid, non-refunded payments and may be revoked if a payment is reversed/fraudulent.
- Current: credits auto-apply to the next bill and roll over until used; not cash; may expire.
- Planned: once credits fully cover a bill, excess moves to a “bonus pot” withdrawable via PayPal at £20 minimum. Until launched, no withdrawals; credits keep rolling over.
- We may request verification (e.g., ID or proof of relationship) before payouts; if declined, payouts may pause/cancel while credits continue to apply to bills.
- We may limit/pause/end the programme or your participation for compliance, tax, security, or fraud reasons.
6. Intellectual Property & Feedback
- All rights to the Service (software, source code, designs, logos, trademarks, content, documentation, underlying tech) remain with us/our licensors.
- Except for the limited licence, no rights transfer to you. Do not remove proprietary notices.
- Feedback you provide may be used by us globally, perpetually, and royalty-free.
7. Third-Party Services
- Integrations rely on third parties (e.g., payment providers, hosting). Their terms apply; we are not responsible for them.
- Integrations may change or be disabled; we are not liable for changes/discontinuation of third-party services.
8. No Professional Advice or Guaranteed Results
- Outputs are informational only (no legal/financial/tax/pro advice).
- You must review, test, and validate outputs or code and comply with applicable regulations.
- We do not guarantee results, performance, or earnings.
9. Disclaimers
- Service is “as is/as available.” We disclaim implied warranties (merchantability/fitness/non-infringement), availability, and accuracy.
- We do not warrant uninterrupted, secure, or error-free operation or that the Service is free of harmful components.
10. Limitation of Liability
- Nothing limits liability where unlawful to do so (e.g., death/personal injury from negligence, fraud).
- We are not liable for indirect/incidental/special/consequential/punitive damages, or loss of profits/revenue/business/goodwill/data.
- Our total liability is capped at fees you paid in the 3 months before the event giving rise to the claim.
11. Indemnity
You will indemnify and hold us harmless from claims, losses, liabilities, and costs (including legal fees) arising from your misuse, violations, or infringement of third-party rights.
12. Term, Suspension & Termination
- Terms apply from first access/use and continue until terminated.
- You may cancel recurring subscriptions at any time; no refunds for the current period unless we agree or law requires.
- We may suspend/terminate if we suspect violations, fraud, security risk, legal requirement, or discontinuation. No refunds in these cases.
- Upon termination, rights/licences end; provisions that should survive (ownership, disclaimers, liability limits, indemnity) will continue.
13. Data, Privacy & Account Deletion
- Our Privacy Policy explains data practices; by using the Service you consent to those practices.
- On account deletion we will delete/anonymise your data, licences, and referral credits where feasible.
- We may retain transactional, security, and antifraud records as required by law or legitimate interests (e.g., tax, accounting, preventing re-registration by banned users).
14. Changes to the Service & Terms
- We may add/change/remove features and integrations at any time.
- We may update these Terms; material changes will be notified where feasible. Continued use after the effective date means acceptance.
15. Governing Law & Dispute Resolution
- These Terms are governed by the laws of England and Wales (subject to mandatory consumer protections where you reside).
- Courts of England and Wales have exclusive jurisdiction, again subject to mandatory consumer protections in your home jurisdiction.
16. Miscellaneous
- Entire Agreement: these Terms plus referenced policies (Privacy, Refund, Referral) are the entire agreement.
- Severability: if a provision is invalid, the rest remain in effect.
- No Waiver: failure to enforce is not a waiver.
- Assignment: you cannot assign without consent; we may assign in connection with mergers/acquisitions/reorgs.
- Force Majeure: we are not liable for events beyond reasonable control (e.g., outages, strikes, war, government actions).
- Contact: support@phlanka.com