Terms of Service

The Services provide an AI-powered platform for interactive audio and media experiences delivered through our applications, websites, and related tools. The Services enable users to discover, access, and interact with curated podcast and media content and associated AI-powered features, including search, recommendations, transcription, summarization, and conversational assistance. The Services may include content playback, personalization, social or community functionality, library and playlist management, and developer-facing APIs. Phoenix Labs may add, modify, or remove features or functionalities of the Services at any time in its sole discretion. The Services are provided for informational, creative, and entertainment purposes only..

As used in these Terms, "Content" means any and all information, materials, and outputs made available through or generated by the Services, including without limitation AI-generated responses, interactive agent outputs, audio and video clips, transcriptions, subtitles, summaries, recommendations, citations, curated playlists, "nests," Ingested Content (defined below), and any other text, audio, visual, or data materials produced, compiled, or displayed in connection with the Services. While we strive to produce accurate and useful tools, we do not guarantee the accuracy, completeness, usefulness, or correctness of any Content, including AI-generated responses, interactive agent outputs, transcriptions, subtitles, summaries, recommendations, citations, or other materials generated through the Services. AI-generated citations produced through the Services are provided for informational reference purposes only; Phoenix Labs does not warrant that any such citation accurately represents or faithfully reproduces the substance of the underlying source material to which it refers, and you should independently verify any cited content before relying on it. Phoenix Labs is not responsible for decisions you make based on the Content or Services.

Content generated through the Services is licensed for your personal or internal business use only, solely in connection with your authorized use of the Services. Phoenix Labs retains all rights in the format, structure, and presentation of Content generated by the Services. You may not commercially reproduce, sell, or distribute Content to third parties without Phoenix Labs's prior written consent.

You understand that the accuracy, completeness, and timeliness of Content may be affected by limitations inherent in AI models, data-ingestion pipelines, third-party integrations, or user-submitted content. See Section 10 for all applicable disclaimers.

The Services are an AI-powered platform for interactive content and media experiences. We do not provide financial, accounting, legal, investment, or other professional advice. AI-generated outputs - including interactive agent responses, avatar scripts, content recommendations, summaries, and other generated materials - require human review before use or transmission and should not be relied upon as professional financial, investment, regulatory, or business advice.

The Services may allow you to connect with, import, or upload data and content from third-party platforms and providers, including streaming platforms, content services, and other sources from which you access or manage podcast or media content. Integration availability may vary and is subject to change. Integrations and uploads may require separate authorization and may be subject to third-party terms and conditions. Imported or uploaded content and data may be delayed, incomplete, inaccurate, corrupted, duplicated, or unavailable. You are solely responsible for reviewing and verifying the accuracy of any content or data imported or uploaded through the Services. See Section 15 for Phoenix Labs' disclaimer regarding third-party data and service availability.

In addition to content uploaded or imported by users, Phoenix Labs may independently ingest, index, process, and make available podcast episodes, audio and video clips, transcripts, and other media content sourced directly from third-party podcast creators, hosting platforms, RSS feeds, content distributors, and other sources ("Ingested Content"), including through API integrations, licensing arrangements, or as otherwise permitted by applicable law. Phoenix Labs does not guarantee the accuracy, completeness, timeliness, or continued availability of any Ingested Content. Ingested Content may be modified, removed, or made unavailable at any time, including as a result of actions by the applicable content owner, hosting platform, or licensor, without notice to you. Phoenix Labs is not responsible for any claim arising out of the presence, absence, modification, or removal of any Ingested Content on the platform. Nothing in these Terms grants you any rights in or to Ingested Content beyond the limited access rights described in these Terms.

You must be at least 13 years of age to use the Services, or such higher age as may be required by applicable law in your jurisdiction. By creating an account, you represent that you meet this age requirement. The Services do not knowingly collect personal information from children under 13 (or the applicable minimum age in your jurisdiction), and any such account will be terminated upon discovery. The Services are currently available to users located in the United States only; persons located outside the United States may not use the Services without Phoenix Labs' express prior written permission. Each account is for a single user only unless otherwise permitted by Phoenix Labs in writing. You are responsible for maintaining exclusive control over your login credentials and for all activity under your account.

You are solely responsible for the following:

• Entering accurate, complete, and lawful information into the Services;
• Reviewing all imported, synced, categorized, or auto-suggested data for accuracy and appropriateness before relying on it;
• Maintaining your own backup copies of your data and records outside of the Services;
• Keeping your account information (including email, phone, billing information) current and accurate.

You may enter, upload, import, or sync certain information and content into the Services (collectively, the "Inputs"), including through the integrations and file formats described in Section 4 of these Terms. Inputs may include audio files, video files, text, scripts, metadata, user-generated content, and other materials. You represent that you have all rights necessary to provide these Inputs, that doing so does not violate any laws, agreements, platform terms of service, intellectual property rights, privacy obligations, or other third-party rights, and that you are authorized to share such content and data with Phoenix Labs.

You retain ownership of your Inputs. However, as between you and Phoenix Labs, Phoenix Labs owns all curated content arrangements, playlists, "nests," and other compiled, indexed, or structured Outputs generated by the Services (collectively, "Curated Content"). Curated Content constitutes an original selection, arrangement, and coordination of pre-existing podcast and media content and is protected by copyright, patent, trade secret, and other applicable intellectual property laws. Phoenix Labs retains all rights necessary to distribute, monetize, and commercially exploit Curated Content. You receive a limited, non-exclusive, personal, non-transferable license to access and interact with Curated Content through the Services for your own personal, non-commercial use only. You may not distribute, publicly display, reproduce, or otherwise exploit Curated Content for any commercial purpose without Phoenix Labs's prior written consent. Personalized conversational AI responses generated in direct response to your individual queries are provided for your personal informational use only and do not convey ownership or any commercial rights.

To operate, maintain, and improve the Services, you grant Phoenix Labs a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, process, transmit, analyze, display, and use Inputs and Outputs as necessary to:

• provide and improve the Services;
• develop internal analytics, aggregated insights, and AI model training and improvements, including using chat logs, transcripts, interaction data, and behavioral data - including plays, skips, saves, bookmarks, playback speed selections, navigation paths, tag and hashtag interactions, conversion events, session frequency, time spent, and content completion rates - in anonymized or aggregated form to train, refine, and improve the Services and to power personalized content discovery and recommendation features, including the personalized discovery feed and recommendation engine; and
• comply with legal obligations.

The Services and Content (excluding your Inputs), software, trademarks, logos, designs, user interface, workflows, and all associated intellectual property ("Phoenix Labs IP") are owned by Phoenix Labs or its licensors. Phoenix Labs IP includes, without limitation: its proprietary AI agents, language models, and retrieval systems; curated content arrangements, playlists, and "nests"; the unique method and system of arranging, indexing, and curating such content, in respect of which Phoenix Labs has filed for patent protection; copyrights in curated content selections, arrangements, and compilations; and trade secrets in its content processing, indexing, and curation methodologies. Nothing in these Terms transfers ownership of Phoenix Labs IP to you.

You may not:

• use the Services in any manner that violates or infringes any intellectual property or proprietary right of Phoenix Labs or any third party.
• use the Services for competitive benchmarking or to build a competing product.

The Services are currently provided to users free of charge. Phoenix Labs reserves the right to introduce advertising or other sponsored content into the Services at any time. Phoenix Labs may also introduce a premium subscription tier in the future that offers additional features or functionality beyond those available in the free tier ("Premium Services"). If Phoenix Labs elects to offer Premium Services, it will notify you in advance of any applicable fees by your preferred method of communication or through a notice within the Services, and will provide you with a reasonable opportunity to cancel your account before any charges are applied. Your continued use of the Services following the effective date of any such fee introduction will constitute your agreement to pay the applicable fees. Phoenix Labs also reserves the right, in its discretion, to make the existing Services subject to a fee at a future date, subject to the same advance notice requirement described above. Phoenix Labs may offer pre-release or beta access to the Services or certain features thereof, as further described in the Beta Access subsection below.

If and when a paid subscription tier is introduced, the following terms will apply: subscriptions will be billed on a monthly or an annual basis via automatic payment using the payment method on file. You may cancel your subscription at any time through your account settings or by contacting us. Cancellations will take effect at the end of the then-current billing period, and no refunds or credits will be issued for any unused portion of the then-current billing period. Phoenix Labs reserves the right to modify pricing or introduce additional pricing tiers at its discretion, subject to advance notice to your preferred method of communication as described above.

Phoenix Labs may, in its discretion, offer beta or pre-release access to the Services or certain features thereof ("Beta Access"). Where Phoenix Labs and a beta participant have entered into a separate written Beta Test Agreement, in the event of any conflict between these Terms and the Beta Test Agreement, the Beta Test Agreement shall control solely with respect to the subject matter addressed therein. Where no separate Beta Test Agreement is in place, the following terms apply to Beta Access: (a) the Services in beta form may be incomplete, unstable, or subject to significant change, and Phoenix Labs makes no warranty of any kind with respect to Beta Access; (b) Phoenix Labs may modify, suspend, extend, or terminate Beta Access at any time, with or without notice, and without liability; (c) at the conclusion of a beta period, Phoenix Labs may, upon prior notice to your account email address, transition your access to a paid subscription at the then-current applicable rate unless you cancel before the transition date; (d) any feedback, bug reports, suggestions, or other communications you provide regarding Beta Access may be used by Phoenix Labs without any obligation of confidentiality, compensation, or attribution; and (e) all other provisions of these Terms apply to Beta Access, including without limitation the disclaimers, limitations of liability, and intellectual property provisions. For the avoidance of doubt, all provisions of these Terms that are not expressly modified or superseded by a Beta Test Agreement shall continue to apply to Beta Access.

You agree not to:

• Access or use the Services in any unlawful manner or for any unlawful purpose;
• Use automated tools to scrape, extract, or download data from the Services without permission;
• Misrepresent the nature or source of any data generated by the Services;
• Attempt to access or interfere with non-public systems, security features, or technical protections;
• Use the Services to transmit malware, spam, or harmful content;
• Circumvent access controls, account limits, rate limits, or security protocols;
• Collect personal information of other users without authorization;
• Use the Services, Content, or Outputs to develop, train, or improve models, datasets, products, or services that compete with Phoenix Labs;
• Represent Outputs as human-generated if they were generated by automated systems or Services; and
• Engage in any other activity that violates applicable laws or regulations, or that Phoenix Labs, in its reasonable discretion, determines to be harmful to the Services, Phoenix Labs, or any third party.

YOU ACCEPT AND AGREE THAT YOUR USE OF THE SERVICES, CONTENT, INPUTS, AND OUTPUTS IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PHOENIX LABS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY OF AI-GENERATED CONTENT OR OUTPUTS, AND AVAILABILITY OR RELIABILITY OF ANY INTEGRATIONS OR THIRD-PARTY PLATFORMS. WE DO NOT WARRANT THAT THE SERVICES WILL BE ACCURATE, COMPLETE, TIMELY, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT ANY AI-GENERATED OUTPUT, INTERACTIVE AGENT RESPONSE, TRANSCRIPTION, AVATAR SCRIPT, OR CONTENT RECOMMENDATION WILL BE ACCURATE, APPROPRIATE, OR FIT FOR ANY PARTICULAR PURPOSE. WE DO NOT REVIEW, VERIFY, OR AUDIT YOUR INPUTS OR OUTPUTS.

You acknowledge that:

• Automated categorizations, suggestions, and AI Agent actions - including automated curation and content arrangements - are informational only, may be incorrect or incomplete, and do not constitute advice of any kind; and
• You are solely responsible for verifying all AI-generated outputs and content before using them for any business, legal, regulatory, compliance, or public-facing purpose.

TO THE FULLEST EXTENT PERMITTED BY LAW, PHOENIX LABS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OR REVENUE, OR COST OF SUBSTITUTE GOODS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS APPLY WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED DOLLARS ($100).

The limitation of liability set forth above is a fundamental basis of the bargain, applies to all claims, and survives termination of these Terms.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, our liability is limited to the maximum extent permitted.

You agree to defend, indemnify, and hold harmless Phoenix Labs and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, penalties, costs, or expenses (including attorneys' fees) arising out of or related to:

• Your violation of any applicable third-party platform terms, including YouTube's Terms of Service, in connection with your use of the Services;
• Your violation of any law or regulation;
• Your Inputs or any data or content you upload, import, or sync, including any claim that such content infringes the intellectual property, privacy, or other rights of any third party;
• Your breach of these Terms.

Phoenix Labs is not a data-backup service. We will generally retain your account data for a period of up to three (3) years following termination of your account, unless a longer period is required by applicable law or our contractual obligations; however, we reserve the right to delete data sooner in accordance with our internal policies. Notwithstanding the foregoing, we may retain chat logs, transcripts, and records of your interactions with AI agents beyond this period in anonymized or aggregated form for purposes of training, refining, and improving our AI models and Services. For information regarding California residents' rights with respect to personal information, see our Privacy Policy at https://www.phoenixlabs/privacy.

Your use of the Services does not create any fiduciary, professional, or advisor-client relationship. Phoenix Labs does not act as your advisor, attorney, accountant, financial advisor, or representative. Nothing in these Services should be interpreted as creating any heightened duty of care. You agree that Phoenix Labs does not owe you any fiduciary duty and does not act as your agent or representative.

The Services may integrate with or rely on third-party providers.

The Services include a native media player and may, in certain configurations or user settings, integrate with YouTube's API Services to support playback of video content hosted on YouTube. Your use of any YouTube-integrated features within the Services is subject to YouTube's Terms of Service (available at https://www.youtube.com/t/terms) and Google's Privacy Policy (available at https://policies.google.com/privacy), in addition to these Terms. Phoenix Labs does not control the availability, functionality, or content of YouTube's API Services. Access to YouTube content through the Services may be limited, modified, suspended, or terminated at any time by YouTube without notice to Phoenix Labs. Phoenix Labs is not responsible for any failure, limitation, modification, or unavailability of YouTube's API Services, or for any content accessible through YouTube that may be accessed via the Services. You agree to comply with YouTube's Terms of Service in connection with your use of any YouTube-integrated features.

The Services incorporate AI agents, language models, and related features powered by third-party AI infrastructure providers, including OpenAI, L.L.C. ("OpenAI") via the OpenAI API and related business products. Phoenix Labs may engage additional or alternative AI infrastructure providers in the future; any material change to such providers will be reflected in an update to these Terms. As between Phoenix Labs and its AI infrastructure providers: (a) Phoenix Labs acts as the data controller with respect to user interaction data processed through the Services' AI features, and each AI infrastructure provider acts solely as a processor or subprocessor operating on Phoenix Labs's instructions; (b) user interaction data — including prompts, inputs, agent responses, chat logs, and related interaction records — submitted through the Services' AI features is processed by OpenAI (and any other applicable AI infrastructure provider) solely to provide the Services to Phoenix Labs and to meet applicable legal obligations, and is not used by such providers to train their general-purpose models, consistent with OpenAI's enterprise data policies (available at https://openai.com/enterprise-privacy); (c) Phoenix Labs controls the retention, access, and permitted uses of interaction logs and may use anonymized or aggregated interaction data for support, debugging, analytics, and product and model improvement purposes, subject to appropriate anonymization and aggregation safeguards and, where required, user consent, as further described in the Privacy Policy; and (d) Phoenix Labs does not guarantee the availability, accuracy, or performance of any third-party AI infrastructure provider and is not responsible for any failure, limitation, modification, or unavailability of such providers' services.

Phoenix Labs does not control and is not responsible for:

• the accuracy, completeness, or availability of third-party data;
• delays or failures in importing or syncing content or data;
• third-party service outages or errors; and

We may suspend or terminate your access to the Services at any time if:

• you violate these Terms;
• you engage in unlawful or fraudulent activity;
• your payment method fails; or
• your use threatens the security or operation of these Services.

Any dispute arising out of or relating to these Terms or your use of the Services shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Los Angeles, California, and the language of the arbitration shall be English. Judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. You and Phoenix Labs agree to waive any right to a jury trial or to participate in a class action. The prevailing party in any arbitration shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party. If any portion of this arbitration provision is found unenforceable, the unenforceable portion will be severed, and the remaining arbitration terms will remain in effect.

These Terms are governed by the laws of the State of California, without regard to its conflict of laws principles.

We may update these Terms from time to time. If changes are material, we will notify you by email or through the Services. Your continued use of the Services after the effective date of any modifications constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, your sole remedy is to stop using the Services.

These Terms constitute the entire agreement between you and Phoenix Labs. If any provision is found invalid or unenforceable, the remainder continues in full force. No waiver is valid unless in writing and signed by an officer of Phoenix Labs. You may not assign these Terms without our prior written consent; any unauthorized assignment is void. We may assign these Terms without restriction. These Terms bind and inure to the benefit of the parties, their successors, and permitted assigns. Headings are for reference only and do not affect interpretation. These Terms do not create a joint venture, partnership, or employment relationship.

Last updated: April 2026