Terms and Conditions of Use

2. Eligibility & Age Restrictions

Phnk is an adult-oriented community platform. To access or use our Services, you represent and warrant that:

• You are at least 18 years of age (or the age of majority in your jurisdiction, whichever is greater).
• You have the legal capacity to enter into a binding contract under the laws of your country.
• You have not been previously suspended or removed from our Services.
• Your use of the Services does not violate any applicable law or regulation.
• You are not accessing Phnk on behalf of any person who does not meet these eligibility requirements.

Age Verification

We reserve the right to use third-party age verification services at any time. If we have reasonable grounds to suspect you are under 18, your account will be permanently banned without notice, all associated data will be purged, and no refund of any in-platform currency or credits will be issued.

3. Artificial Intelligence (AI) Ecosystem

Our Services heavily integrate proprietary AI technologies to enhance safety, personalization, and creative expression.

3.1 Data Collection for AI Training

By using Phnk, you grant Phnk Networks India Private Limited a perpetual, irrevocable, worldwide right to use:

• Textual Data: All public posts, comments, captions, and non-encrypted metadata to improve LLM accuracy.
• Voice Data: Voice clips, audio messages, and live stream audio to train voice recognition, sentiment analysis, and speech-to-text models.
• Behavioral Data: Interaction patterns including likes, scrolling habits, viewing duration, and search queries used to train recommendation engines.
• Visual Data: Profile images and publicly shared photos or videos used to improve visual recommendation and content moderation models.

3.2 Usage Limits & "As-Is" Nature of AI

AI-generated content (including AI Avatars or Chatbots) is provided for entertainment purposes. We do not guarantee the accuracy, safety, or legality of AI-generated responses. You assume all risk for relying on AI-generated information.

3.3 Opt-Out of Non-Essential AI Training

Where required by applicable law (including the Digital Personal Data Protection Act, 2023 and GDPR), you may submit a written request to limit the use of your personal data for AI training purposes. Such requests are subject to review and may not apply to anonymized datasets or data already incorporated into trained models.

4. User Content & Intellectual Property

This section governs the ownership, licensing, and use of content that you create, upload, post, transmit, or otherwise make available through the Phnk platform (collectively, "User Content").

4.1 Ownership

You maintain full intellectual property ownership over your original User Content. Phnk does not claim ownership of your creative works. However, by posting User Content, you represent and warrant that:

• You are the original creator of the content, or hold all necessary rights, licenses, consents, and permissions to post it.
• The content does not infringe any third-party intellectual property rights, privacy rights, or publicity rights.
• You have obtained all necessary consents from any identifiable individuals appearing in your content.
• The content does not violate any applicable law, including obscenity, defamation, or data protection legislation.

4.2 License Grant to Phnk

By submitting User Content, you grant Phnk Networks India Private Limited the following license:

"Non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content in connection with the operation and improvement of the Phnk platform and its AI systems."

This license ends when your content is deleted from our systems, except to the extent the content has been shared by other users, incorporated into AI training datasets in anonymized form, or must be retained by law.

4.3 Moral Rights Waiver

To the fullest extent permitted by applicable law, you irrevocably waive any moral rights (including rights of attribution and integrity) in User Content with respect to Phnk's use of that content under this license.

4.4 Phnk's Own Intellectual Property

All rights, title, and interest in and to the Phnk platform — including the software, design, logos, trademarks, proprietary AI models, and algorithms — are the exclusive property of Phnk Networks India Private Limited. You are granted no license to use Phnk's intellectual property except as strictly necessary to use the platform as a registered user.

5. Prohibited Conduct & Content

The following rules are strictly enforced. Violations may result in account suspension or termination, content removal, law enforcement referral, and/or civil or criminal liability.

5.1 Reporting Prohibited Content

Phnk operates a 24-hour content reporting mechanism accessible within the application. Reports are treated confidentially. Phnk reserves sole discretion to determine the appropriate response to any reported content.

5.2 Consequences & Appeals

Where technically feasible, Phnk will notify you of enforcement actions together with the reason. You may submit an appeal within 14 days via hi@phnk.in. Phnk's decision on appeal is final.

6. Account Termination & Suspension

Phnk may suspend or permanently terminate your account at any time without prior notice if Phnk determines, in its sole discretion, that:

• You have violated any provision of these Terms or any applicable Phnk policy.
• Your conduct poses a risk of harm to other users, third parties, or to Phnk.
• Phnk is required to do so by applicable law, regulation, or court order.
• Continuation of your account would expose Phnk to legal, reputational, or regulatory risk.

6.1 Voluntary Termination

You may close your account at any time through your account settings or by contacting hi@phnk.in. Upon closure, your publicly visible profile and content will be removed within 30 days. Certain data may be retained in encrypted backups for up to 90 days.

6.2 Effect of Termination

Upon termination (whether voluntary or involuntary):

• All licenses granted by you to Phnk survive, subject to the limitations in Section 4.2.
• You will lose access to all in-platform balances, Phnk Coins, and credits. No refund will be issued.
• Phnk may retain certain data for fraud prevention or as required by law.
• Outstanding obligations including payment and indemnification survive termination.

6.3 Reinstatement

Accounts terminated for CSAM, terrorism, or other serious illegal activity are permanently ineligible for reinstatement. For other terminations, requests may be submitted to hi@phnk.in and are granted solely at Phnk's discretion.

7. Copyright & IP Takedown (DMCA)

Phnk respects intellectual property rights and expects its users to do the same. In accordance with the Information Technology Act, 2000 (India) and, where applicable, the Digital Millennium Copyright Act (DMCA), Phnk has established the following notice-and-takedown procedure.

7.1 Filing a Takedown Notice

If you believe content on Phnk infringes your copyright, submit a written notice to hi@phnk.in (subject: "Copyright Takedown Notice") containing:

• Your full legal name, address, telephone number, and email address.
• A clear identification of the copyrighted work claimed to have been infringed.
• A clear identification of the allegedly infringing material with sufficient detail to locate it (e.g. direct URL).
• A statement of good-faith belief that the use is not authorised by the copyright owner, its agent, or law.
• A statement under penalty of perjury that the information is accurate and you are authorised to act.
• Your electronic or physical signature.

7.2 Counter-Notification

If your content has been removed and you believe it was in error, submit a counter-notification to hi@phnk.in containing your contact details, identification of the removed material, a good-faith statement that removal was in error, consent to jurisdiction, and your signature.

7.3 Repeat Infringer Policy

Users who are the subject of three or more substantiated takedown notices within any 12-month period will have their accounts permanently terminated. Phnk reserves the right to terminate accounts with fewer notices in cases of serious or deliberate infringement.

7.4 Trademark Complaints

Trademark complaints should be directed to hi@phnk.in with a description of the mark, your ownership rights, and the infringing content's location.

8. Data Privacy: GDPR & DPDP Act Compliance

Phnk Networks India Private Limited is committed to protecting your personal data in accordance with the Digital Personal Data Protection Act, 2023 (DPDP Act) of India, and, to the extent applicable, the EU's General Data Protection Regulation (GDPR).

8.1 Legal Basis for Processing

8.2 Your Data Rights

Subject to applicable law and certain legal exceptions, you have the following rights:

• Right of Access: Request a copy of the personal data Phnk holds about you.
• Right to Correction: Request that inaccurate or incomplete data be corrected.
• Right to Erasure: Request deletion of your personal data, subject to legal retention obligations.
• Right to Data Portability: Request your data in a structured, machine-readable format (GDPR only).
• Right to Object / Withdraw Consent: Withdraw consent for processing where consent is the legal basis.
• Right to Nominate: Under the DPDP Act, nominate another individual to exercise your rights on your behalf.

To exercise any right, submit a request to hi@phnk.in. We will respond within 30 days. We may require identity verification before processing your request.

8.3 International Data Transfers

Phnk may transfer your personal data to servers outside India. Where transfers occur to countries outside the EU/EEA, Phnk ensures appropriate safeguards are in place, including Standard Contractual Clauses or equivalent mechanisms.

8.4 Data Retention

Phnk retains personal data only for as long as necessary to fulfil the purposes for which it was collected, or as required by law. Upon account deletion, active data is purged within 30 days; backups within 90 days. Anonymized data incorporated into AI training datasets may be retained indefinitely.

8.5 Data Breach Notification

In the event of a personal data breach likely to result in high risk to affected individuals, Phnk will notify the relevant supervisory authority within 72 hours (where required) and will notify affected users without undue delay.

8.6 Complaints

If you believe your data rights have been violated, you may lodge a complaint with the applicable supervisory authority — the Data Protection Board of India, or your EU/EEA member state authority.

9. Payments, Refunds & Wallet

• Finality: All transactions for Phnk Coins, AI generations, digital gifts, live stream gifting, expert consultations, and subscription upgrades are final and non-refundable upon delivery or execution, except as required by applicable consumer protection law.
• Expert Fees: Fees for consultations are held in escrow and released upon completion. Phnk is not responsible for the quality of advice given by third-party experts.
• Chargebacks: Initiating a chargeback without first contacting hi@phnk.in may result in immediate account suspension. Phnk reserves the right to recover amounts subject to fraudulent or unjustified chargebacks.
• Taxes: Users are responsible for all applicable GST or local taxes related to their earnings on the platform. Phnk may withhold applicable taxes at source where required by Indian tax law.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHNK NETWORKS INDIA PRIVATE LIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE LAST SIX MONTHS, OR INR 5,000, WHICHEVER IS GREATER.

These limitations apply whether the liability arises in contract, tort (including negligence), statute, or otherwise, and even if Phnk has been advised of the possibility of such damages.

11. Conversational AI: Risks, Limitations & User Responsibilities

Phnk integrates conversational AI features including AI Chatbots, AI Avatars, and AI-assisted content tools (collectively, "Conversational AI"). Unlike traditional software, Conversational AI systems are probabilistic in nature — meaning their outputs are generated through statistical inference, not deterministic logic or human expertise. By engaging with any Conversational AI feature on Phnk, you acknowledge and accept the inherent risks and limitations described in this section.

11.1 Nature of Conversational AI Output

Conversational AI on Phnk is designed for entertainment, creative assistance, and social interaction. You should be aware of the following fundamental characteristics:

• Hallucinations & Factual Errors: AI models may generate content that appears confident and coherent but is factually incorrect, fabricated, or entirely invented. This phenomenon — known as "hallucination" — is an intrinsic property of large language models and cannot be fully eliminated. You must independently verify any factual claim made by a Conversational AI before acting on it.
• Context & Memory Limitations: Conversational AI systems operate within a finite context window and do not possess persistent memory between sessions unless explicitly designed to do so. Responses may be inconsistent across conversations, and the AI may contradict prior statements.
• Bias & Stereotyping: AI models are trained on large datasets that may contain social, cultural, and demographic biases. As a result, AI outputs may inadvertently reflect or amplify these biases. Phnk does not endorse any biased output — please report such content using the in-app reporting tool.
• Not a Human & No Consciousness: Phnk's AI Avatars and Chatbots are software systems. They do not possess consciousness, genuine emotions, opinions, beliefs, or lived experience. Any appearance of personality or empathy is a simulation and does not represent authentic sentient interaction.
• Knowledge Cutoff & Outdated Information: The AI models powering Phnk's Conversational AI features have a training data cutoff date. Information about events, laws, medical guidance, or any other time-sensitive subject after this cutoff may be absent, incomplete, or incorrect.

11.2 Prohibited Reliance: No Professional Advice

Conversational AI on Phnk does not constitute, and must not be treated as, professional advice of any kind. Specifically:

• Medical: No AI output on Phnk constitutes medical diagnosis, treatment recommendation, or clinical guidance. Do not use Conversational AI as a substitute for consultation with a qualified medical professional.
• Legal: AI-generated content does not constitute legal advice and creates no attorney-client relationship. Laws vary significantly by jurisdiction and change frequently; AI outputs may be incomplete or inapplicable to your specific circumstances.
• Financial: No AI output constitutes investment advice, financial planning guidance, or a recommendation to buy, sell, or hold any financial instrument. Any financial decisions made based on AI-generated content are made entirely at your own risk.
• Mental Health & Emotional Support: While Conversational AI may appear empathetic, it is not a substitute for professional mental health support, crisis counselling, or therapeutic services. If you are experiencing a mental health emergency, please contact a qualified mental health professional or local emergency services immediately.

11.3 Psychological & Dependency Risks

Engaging with highly personalized, responsive Conversational AI systems over extended periods may, for some individuals, result in psychological attachment, emotional dependency, or a diminished inclination to seek human connection. Phnk actively designs safeguards against compulsive or harmful AI engagement patterns, but users bear ultimate responsibility for managing their own usage. You are encouraged to:

• Maintain a clear distinction between AI-generated interaction and genuine human relationships.
• Use Phnk's built-in screen time and usage management tools to monitor your engagement.
• Seek professional support if you feel your use of Conversational AI is negatively affecting your mental health, relationships, or daily functioning.

11.4 Security Risks & Prompt Manipulation

Conversational AI systems are susceptible to adversarial manipulation. Third parties may attempt to exploit AI features through prompt injection — crafting inputs designed to cause the AI to behave in unintended or harmful ways. Be alert to the following risks:

• Social Engineering via AI: Malicious actors may use AI personas to conduct social engineering attacks or extract sensitive personal information. Phnk will never request passwords, financial credentials, or personal identification numbers through any AI interface.
• Oversharing Personal Data: Conversational AI interfaces may feel private, but all interactions are logged and subject to Phnk's data processing practices as described in Section 8. Avoid sharing passwords, financial details, government identification numbers, or other highly sensitive personal information with any AI system.
• Jailbreaking & Misuse: Attempting to bypass, disable, or circumvent Phnk's AI safety guardrails through prompt manipulation, roleplay framing, or any other technique is expressly prohibited and constitutes a material breach of Section 5 of these Terms.

11.5 Assumption of Risk & Indemnification

BY USING ANY CONVERSATIONAL AI FEATURE ON PHNK, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS SECTION, ACCEPT ALL RISKS DESCRIBED HEREIN, AND AGREE TO HOLD PHNK NETWORKS INDIA PRIVATE LIMITED HARMLESS FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM YOUR RELIANCE ON OR INTERACTION WITH CONVERSATIONAL AI SYSTEMS ON THE PLATFORM.

12. Dispute Resolution & Governing Law

These Terms are governed by the laws of the Republic of India, without regard to its conflict-of-law provisions.

12.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms shall be exclusively resolved through binding arbitration in New Delhi, India, in accordance with the Arbitration and Conciliation Act, 1996, as amended.

• The arbitration shall be conducted in English.
• Each party shall bear its own costs unless the arbitrator determines otherwise.
• The arbitral award shall be final, binding, and enforceable in any court of competent jurisdiction.

12.2 Class Action Waiver

YOU HEREBY WAIVE YOUR RIGHT TO PARTICIPATE IN ANY CLASS-ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING AGAINST PHNK NETWORKS INDIA PRIVATE LIMITED.

12.3 Limitation on Claims

Any claim arising under these Terms must be filed within one (1) year of the date on which the cause of action arose. Claims filed after this period are permanently barred.

13. Changes to These Terms

Phnk reserves the right to modify these Terms at any time. When material changes are made, Phnk will provide at least 14 days' notice via in-app notification or email. Your continued use of the platform after the effective date of the revised Terms constitutes your acceptance of those changes.

Where changes are required by law or to address urgent security concerns, they may take effect immediately without advance notice.