Customer Agreement

These Terms of Use govern access to and use of Phloem, a business-to-business customer discovery and outreach platform (the "Service").

The Service is provided by [RIGHTS HOLDER — TO BE CONFIRMED], Zürich, Switzerland ("we", "us").

By creating an account, accessing a workspace or using the API, you agree to these Terms. If you accept on behalf of an organisation, you confirm you are authorised to bind that organisation.

Accounts are for business use by people who can form a binding contract. You must provide accurate registration information and keep it current.

You are responsible for your credentials and for all activity under your account. Do not share individual login credentials; add teammates as workspace members instead.

Workspace administrators control membership, roles, billing permissions and data-access settings for their workspace.

Tell us immediately through the support form if you suspect unauthorised access to an account or workspace.

Phloem is offered on Free, Starter, Pro, Team, Business and Enterprise plans. Plan availability, features and commercial terms are shown on the pricing page and in your billing settings, which are the current source of truth.

Entitlements attached to each plan are enforced by the Service and may be updated as the product evolves. Enterprise arrangements may be governed by a separate written agreement, which prevails over these Terms where it conflicts.

Certain actions — including AI requests, discovery runs, agent runs, enrichment and exports — consume usage allowances or credits associated with your plan.

Allowances, quotas and budget ceilings are defined by your plan configuration and workspace budgets, and are applied server-side. Where an allowance is exhausted, the related action may be blocked until the next period, an upgrade, or an add-on purchase.

Credits and allowances have no independent monetary value outside the Service unless expressly agreed in writing.

Paid plans are recurring subscriptions billed in advance for the selected billing period, and renew automatically until cancelled.

Payments are collected by our payment providers. Upgrades take effect when processed; downgrades and cancellations take effect according to the behaviour shown in your billing settings at the time of the change.

If a payment fails, we may retry collection and may restrict paid functionality until the balance is settled.

[LEGAL REVIEW REQUIRED: refund policy, proration rules, cancellation notice periods, dunning windows, invoicing terms and tax/VAT treatment to be confirmed for each selling jurisdiction and payment rail before production reliance]

You must use Phloem lawfully, professionally and in line with the rights of the people and organisations you research or contact.

You are responsible for the lawful basis of your outreach, for honouring opt-outs, and for complying with marketing, privacy and anti-spam rules that apply to you.

You must keep any API keys, tokens and connected mailbox credentials secure.

You may not use Phloem to carry out or facilitate:

• unlawful activity, harassment, discrimination or deceptive practices;

• distribution of malware, malicious payloads or harmful code;

• unsolicited bulk messaging that breaches applicable anti-spam law, or abusive automation;

• fraudulent, stolen or disputed payment activity, chargeback abuse or money laundering;

• credential stuffing, brute force, phishing or other credential attacks;

• unauthorised access to the Service, other workspaces, other customers' data, or our providers' systems;

• probing, load-testing or attempts to bypass authentication, rate limits, quotas, entitlement checks or other security and abuse controls.

Reporting a suspected vulnerability in good faith through the support form is welcome and is not a breach of this section.

Except as expressly authorised by us in writing, you may not:

• scrape, crawl or automate the Phloem interface, or use headless browsers, bots or scripts against it;

• perform bulk or systematic extraction, copying or downloading of Phloem data beyond your plan's export entitlements;

• reproduce, reconstruct or derive a substantial part of any Phloem dataset, index or database;

• harvest contact records in bulk, or build a competing contact or company database from the Service;

• resell, redistribute, sublicense or publish Phloem intelligence, scores, evidence or research outputs as a standalone data product;

• circumvent or attempt to circumvent extraction ceilings, export controls, redaction, watermarking, rate limits or quota accounting;

• create multiple or distributed accounts, workspaces or organisations in order to exceed plan limits, including free-plan allowances.

Authorised use of the Phloem API remains permitted within the scopes, quotas and rate limits issued to your workspace. Extraction volumes are accounted for server-side, and excessive or anomalous extraction may be throttled, blocked or reviewed.

The Phloem software, interface, orchestration logic, discovery and scoring implementation, prompts, documentation and brand assets are proprietary and remain owned by [RIGHTS HOLDER — TO BE CONFIRMED] or its licensors. See the LICENSE and COPYRIGHT notices in the product repository.

These Terms grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription. No other licence is granted, expressly or by implication.

Three categories are distinguished throughout: Phloem IP (the Service and its original components); Customer Content (what you submit or generate in your workspace); and Third-Party Content (data, software and material supplied by others under their own terms).

You retain your rights in Customer Content. We claim no ownership of it.

You grant us the permissions needed to host, process, transmit, analyse and display Customer Content solely to operate, secure and support the Service for you, including processing by the sub-processors and service providers described in the Privacy Policy.

You confirm you have the rights and lawful basis needed for the Customer Content you submit, including any contact or company data you upload.

Phloem organises information gathered from publicly available sources and external data providers, and attaches evidence and confidence indicators where it can.

Source material changes over time and providers vary in coverage. We do not guarantee that discovery results, company records, contact details, signals or scores are complete, current or accurate, and they should be reviewed before you rely on them.

Phloem uses AI to research, summarise, score and draft. AI output is a recommendation, not a determination, and can contain errors or omissions.

Evidence links and confidence indicators are provided so output can be checked. You remain responsible for decisions you take and messages you send based on AI output, and for any human review your own policies require.

The Service relies on third-party providers for capabilities such as AI models, payments, email delivery, web search, company and contact data, and cloud infrastructure.

Those providers operate under their own terms. We select and manage providers with care, but we are not responsible for their independent acts, outages or data quality.

API access is granted per workspace and governed by these Terms. API clients must authenticate correctly, keep credentials secret, stay within issued scopes, respect published quotas and rate limits, and honour the extraction restrictions in section 8.

We may revoke or narrow API credentials where use is unsafe, abusive or out of scope.

We may restrict, throttle or suspend an account, workspace or API credential where we reasonably believe it is necessary because of a security threat, scraping or bulk extraction, fraud or payment abuse, account compromise, a serious or repeated breach of these Terms, or unresolved payment failure.

Where practical and lawful, we will tell you what happened and what is needed to restore access, and we will aim for the narrowest restriction that addresses the issue.

We work to keep Phloem available and performant, and we carry out maintenance and updates as needed.

No uptime commitment or service level agreement applies unless it is set out in a separate written agreement with you. We make no uptime percentage guarantee in these Terms.

You may cancel your subscription at any time from billing settings; cancellation takes effect as described there.

We may terminate or restrict access for the reasons in section 15, or on reasonable notice where we discontinue the Service or a plan.

On termination, your right to use the Service ends. You are responsible for exporting Customer Content you need before your access ends; after that, data is deleted or retained in line with the Privacy Policy and applicable law.

[LEGAL REVIEW REQUIRED: post-termination data retention window, export assistance and any wind-down obligations to be confirmed]

The Service is provided on an "as is" and "as available" basis to the extent permitted by applicable law, and we do not warrant that it will be uninterrupted, error-free, or that results will meet a particular commercial outcome.

[LEGAL REVIEW REQUIRED: warranty disclaimers, limitation and cap of liability, excluded categories of loss, indemnities and any consumer-law carve-outs must be drafted and confirmed by qualified counsel for each jurisdiction before production reliance]

[LEGAL REVIEW REQUIRED: governing law and exclusive jurisdiction/venue to be confirmed once the contracting entity is fixed — not assumed here]

Nothing in this section removes mandatory protections available to you under the law of your place of residence or establishment.

These Terms are versioned. Each published version has a version identifier and an effective date, and we keep a record of the version you accepted.

We may update the Terms as the product and legal requirements change. For material changes we will give notice in the product and, where the change legally or materially affects you, ask you to accept the new version before continuing to use the Service.

All legal, privacy and security contact runs through the Phloem support form — we do not publish inbox addresses.