Terms of Use

Last updated: October 17, 2026

These Terms of Use (“Terms”) are a legally binding agreement between you and Prodnium (“Prodnium,” “we,” “us”), the operator of Phocod: the phocod.com websites, the Phocod mobile apps, and the Chat, Professional, Marketplace, Entertainment and Intelligent services (together, the “Services”).

Please read Section 22 carefully. It requires you and Prodnium to resolve most disputes through binding individual arbitration instead of in court, and waives your right to a jury trial and to bring or join a class action. You can opt out of arbitration within 30 days of first accepting these Terms, as explained there. If you live outside the United States, or in certain U.S. states, Section 26 (Regional terms) changes some of these Terms for you; for example, arbitration does not apply to consumers in the EU, UK, Canada's Quebec, Australia and several other places.

1. Acceptance

By creating an account, checking the box at sign-up, continuing with Google or another sign-in provider, or accessing or using the Services, you confirm that you have read, understood and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services. If you use the Services on behalf of a business or other organization, you represent that you have authority to bind it, and “you” includes that organization.

2. Eligibility

• You must be at least 13 years old. The Services are not directed to children under 13, and we do not knowingly collect personal information from them. If we learn that a child under 13 has an account, we will delete it.
• If you are under 18 (or the age of majority where you live), you may use the Services only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use.
• You may not use the Services if you are prohibited from doing so under applicable law, are located in a country subject to a U.S. government embargo, are on any U.S. government list of prohibited or restricted parties, or previously had an account terminated by us.

3. Accounts and security

• You must provide accurate, current and complete information and keep it updated. You may not impersonate any person or entity, misrepresent your affiliation, or create accounts by automated means or under false pretenses.
• You are responsible for safeguarding your credentials and devices and for all activity under your account. Notify us immediately at phocodweb@gmail.com of any unauthorized use. We are not liable for losses caused by unauthorized use of your account that results from your failure to keep your credentials secure.
• Your account is personal and non-transferable. You may not sell, rent, share or transfer it.
• You may delete your account at any time at phocod.com/delete-account.

4. Acceptable use

You agree that you will not, and will not attempt to, use the Services to:

• violate any law or regulation, or the rights of any person, or encourage or assist anyone else to do so;
• harass, bully, threaten, stalk, defame, intimidate or abuse any person, or promote violence, terrorism, self-harm, or hatred against people based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age or any other protected characteristic;
• create, share or solicit any sexual content involving minors (which we report to the National Center for Missing & Exploited Children and law enforcement), or sexual or intimate content of any person without their consent;
• disclose another person's private or confidential information without authorization;
• defraud or deceive anyone, including through scams, phishing, fake listings, pyramid or multi-level marketing schemes, or investment or get-rich-quick schemes;
• sell, offer or promote illegal, stolen, counterfeit, recalled or dangerous goods or services, or regulated goods (including weapons, ammunition, drugs, alcohol, tobacco or vaping products, and prescription medicines);
• send spam, chain letters, or unsolicited or bulk commercial messages, or messages to anyone who has not consented to receive them;
• upload or transmit viruses, malware or other harmful code, or interfere with, disrupt, overload or impair the Services or any networks or devices connected to them;
• access accounts, systems or data without authorization, probe, scan or test the vulnerability of the Services, or circumvent any security, rate limit, access control or other technical measure;
• scrape, crawl, harvest or collect data from the Services by automated means, or use the Services or any content from them to train, fine-tune or benchmark machine-learning or AI models, without our prior written consent;
• copy, modify, distribute, sell, lease, sublicense, decompile, disassemble or reverse engineer any part of the Services, except to the extent applicable law expressly permits despite this restriction;
• build a competing product using the Services, or access them to monitor their availability, performance or functionality for competitive purposes; or
• evade a suspension, ban, block or other restriction we or another user have imposed.

5. Your content

• Ownership. You retain ownership of the messages, media, profiles, posts, listings and other material you submit (“Your Content”).
• License to us. You grant Prodnium a worldwide, non-exclusive, royalty-free license, which we may sublicense only to our service providers, to host, store, reproduce, process, adapt (for example, to resize or transcode), transmit, display and distribute Your Content solely to operate, provide, secure and improve the Services and to make it available to the people you choose. The license ends when you delete Your Content or your account, except for content others have already received or reshared, residual backup copies retained for a limited period, and content we must keep to comply with law or resolve disputes.
• Your promises. You represent and warrant that you own or have all rights, licenses, consents and permissions needed for Your Content and to grant the license above, and that Your Content and our use of it as permitted by these Terms will not infringe or violate any third party's rights or any law.
• No backup obligation. The Services are not a storage or backup service. We are not responsible for the loss of any content; keep your own copies of anything important.
• Feedback. If you send us suggestions or feedback, we may use them for any purpose without obligation or compensation to you.

6. Moderation and reporting

We do not pre-screen all content and are not responsible for content posted by users. We may, but are not obligated to, monitor, review, refuse, restrict, label or remove any content or account at our discretion, including content we believe violates these Terms or the law or creates risk for anyone. We may preserve content and disclose information to law enforcement or others where we believe in good faith it is reasonably necessary to comply with law or legal process, enforce these Terms, or protect the rights, property or safety of Prodnium, our users or the public. Report content, users or safety concerns to phocodweb@gmail.com. If we remove your content or restrict your account, you may ask us to review the decision by writing to the same address.

7. Chat, calls and screen sharing

• Prodnium does not record your calls. You are solely responsible for complying with all laws that apply to recording, capturing or sharing communications, including laws requiring the consent of all parties, and you must not record, screenshot or share another person's calls, messages or screen without the consent the law requires.
• When you share your screen, you are responsible for everything visible and for having the right to display it.
• The Services are not a telephone service and do not support calls to emergency services (such as 911). Always keep another way to reach emergency services.

8. Professional

• Information in your profile, posts, applications and messages must be truthful and not misleading, including your identity, employment, education and qualifications.
• Prodnium is not an employer, employment agency or recruiter, does not verify users, postings or applicants, and makes no guarantee of any job, hire, engagement or outcome. Anyone posting jobs or events is solely responsible for them and for complying with employment, anti-discrimination and other applicable laws.

9. Marketplace

• Prodnium is only a venue. We do not own, sell, inspect, store, ship, deliver or guarantee any item, and we do not process or hold payments. Any transaction is solely between the buyer and the seller, and Prodnium is not a party to it, an agent of either party, or responsible for its completion, legality, quality, safety or any refund.
• Sellers represent that they have the right to sell each item, that listings are accurate and complete, and that they comply with all applicable laws, including consumer protection, product safety and tax laws. The prohibited goods described in Section 4 may not be listed.
• Meeting in person carries risk. If you meet another user, do so in a safe public place, inspect items before paying, and never send payment to someone you have not verified. You assume all risks of any in-person meeting or transaction.

10. Games

Games are for entertainment only and involve no real-money wagering, prizes or stakes. You may not use them for gambling or betting, or use cheats, bots, exploits or automation. We may reset scores or matches at any time.

11. Phocod Intelligent

• Phocod Intelligent lets you configure automated agents and view their results. Automated output may be inaccurate, incomplete or out of date. You are responsible for reviewing it before relying on it, and it is not legal, medical, financial, tax or other professional advice.
• You are solely responsible for the agents you configure, the actions they take, the data and services you connect to them, and for having the rights and permissions needed to do so.

12. SMS Gateway

• The SMS Gateway is offered only to accounts we approve, at our discretion, and we may suspend or withdraw access at any time without notice. When access is withdrawn, the gateway stops on your device.
• You are the sender of every message. Messages are sent from your own device, phone number and SIM. You are solely responsible for their content, recipients and volume, for all carrier charges, and for complying with your carrier's terms.
• You must comply with all laws governing text messaging, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, state telemarketing and anti-spam laws, and the equivalent laws of every country you send to. This includes obtaining any required prior express (written) consent before sending, honoring every opt-out request promptly, and observing quiet-hours and do-not-call rules.
• You must not use the SMS Gateway for spam, marketing without consent, fraud, phishing, harassment or any unlawful purpose. You are responsible for keeping its credentials secret and for all messages sent through it, including by anyone you give access to.
• Section 21 (Indemnification) applies to any claim arising from messages sent through your SMS Gateway.

13. Third-party services and app stores

• The Services may link to or integrate third-party services (for example, Google sign-in). Your use of them is governed by their terms, and we are not responsible for them.
• If you downloaded a Phocod app from Google Play or another app store, these Terms are between you and Prodnium only, not the app store, which has no obligation to provide support or maintenance and is not responsible for the app or any claim relating to it. The app store's own terms also apply to your download and use.

14. Privacy and communications

• Our Privacy Policy describes how we collect, use and share personal information. Phocod shows no ads. We do not sell your personal information.
• You consent to receive communications from us electronically, including by email, in-app message and push notification, and agree that all agreements, notices and disclosures we provide electronically satisfy any legal requirement that they be in writing.

15. Our intellectual property

The Services, including all software, designs, text, graphics, logos and the “Phocod” and “Prodnium” names and marks, are owned by Prodnium or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to use the Services for their intended purpose. All rights not expressly granted are reserved. You may not use our names or marks without our prior written permission.

16. Copyright (DMCA)

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. To submit a notice, email our designated agent at phocodweb@gmail.com (subject line “DMCA”) with: (1) your physical or electronic signature; (2) identification of the copyrighted work; (3) identification of the infringing material and where it is located on the Services; (4) your address, telephone number and email; (5) a statement that you have a good-faith belief that the use is not authorized by the owner, its agent or the law; and (6) a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act on the owner's behalf. If your content was removed and you believe it was a mistake, you may send a counter-notice as provided by 17 U.S.C. § 512(g). We terminate the accounts of repeat infringers. Knowingly misrepresenting infringement may make you liable for damages under 17 U.S.C. § 512(f).

17. Suspension and termination

• We may suspend, restrict or terminate your access to all or part of the Services, or remove your content, at any time, with or without notice, if we reasonably believe you have violated these Terms or the law, your use creates risk or possible legal exposure for us or others, your account has been inactive for an extended period, or we are required to do so by law. We may also modify or discontinue any part of the Services.
• You may stop using the Services and delete your account at any time.
• When your access ends, your license to use the Services ends. Sections 5 (as to content already shared), 15, and 18 through 27, and any other provision that by its nature should survive, continue to apply.

18. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODNIUM DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT CONTENT WILL NOT BE LOST, OR THAT ANY CONTENT, USER, LISTING, JOB, MESSAGE OR AUTOMATED OUTPUT IS ACCURATE, RELIABLE, SAFE OR LAWFUL. PRODNIUM IS NOT RESPONSIBLE FOR THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY. YOU USE THE SERVICES AT YOUR OWN RISK.

19. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PRODNIUM OR ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS OR SERVICE PROVIDERS (THE “PRODNIUM PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES, THESE TERMS, ANY CONTENT, OR THE CONDUCT OF ANY USER OR THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODNIUM PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID PRODNIUM FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100). THESE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN AND APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including for fraud, gross negligence or willful misconduct.

20. Release

Disputes with other users (including about Marketplace transactions, job postings, messages, meetings or SMS messages) are solely between you and them. To the fullest extent permitted by law, you release the Prodnium Parties from all claims, demands and damages of every kind, known and unknown, arising out of or connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law of any other jurisdiction.

21. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless the Prodnium Parties from and against all claims, liabilities, damages, losses, fines, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Your Content; (b) your use or misuse of the Services, including the SMS Gateway and Marketplace; (c) your violation of these Terms; (d) your violation of any law or the rights of any third party; or (e) your interactions with any other user. We may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with our defense. You may not settle any such matter without our prior written consent.

22. Dispute resolution and arbitration

Please read this section carefully. It affects your legal rights.

1. Informal resolution first. Before starting arbitration or a court case, you and Prodnium agree to try to resolve any dispute informally. Send a written notice describing the dispute and the relief sought to phocodweb@gmail.com (or, from us, to the email on your account). If the dispute is not resolved within 60 days after the notice is received, either party may begin arbitration. Statutes of limitations are paused during this period.
2. Agreement to arbitrate. Except as provided in (e) below and in the Regional terms section, you and Prodnium agree that any dispute, claim or controversy arising out of or relating to these Terms or the Services, including their formation, scope, validity, enforceability or arbitrability (a “Dispute”), will be resolved exclusively by final and binding arbitration on an individual basis. The Federal Arbitration Act governs the interpretation and enforcement of this section.
3. Rules and procedure. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at adr.org), as modified by this section, before a single arbitrator. Unless you and we agree otherwise, the arbitration will be conducted by video conference or, if in person, in the county where you live. For claims under US$10,000 you may choose to have the arbitration decided on written submissions only. Filing and arbitrator fees are allocated under the AAA rules; if you show that the costs would be prohibitive compared to court, we will pay as much of them as the arbitrator finds necessary to prevent that. The arbitrator may award any individual relief a court could award, and the award may be entered as a judgment in any court of competent jurisdiction.
4. Class action and jury trial waiver. YOU AND PRODNIUM EACH AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING, AND EACH WAIVES THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate the claims of more than one person or preside over any form of class or representative proceeding, and may award relief only in favor of the individual party seeking it and only to the extent needed to resolve that party's individual claim.
5. Exceptions. Either party may (1) bring an individual claim in small claims court if it qualifies and stays there, and (2) seek injunctive or other equitable relief in court to protect its intellectual property rights or to stop unauthorized access to or misuse of the Services.
6. Mass filings. If 25 or more similar demands for arbitration are filed by or with the assistance of the same law firm or coordinated group within a 90-day period, they will be administered in batches of up to 50 under the AAA's mass arbitration procedures, with fees assessed per batch to the extent the AAA rules permit. Statutes of limitations are paused for claims awaiting their batch.
7. 30-day right to opt out. You may opt out of this arbitration agreement by emailing phocodweb@gmail.com within 30 days after you first accept these Terms, with the subject line “Arbitration Opt-Out” and your name and the email address of your account. Opting out does not affect any other part of these Terms.
8. Time limit. To the extent permitted by law, any Dispute must be brought within one (1) year after the claim arises; otherwise it is permanently barred.
9. Severability. If the class action waiver in (d) is found unenforceable as to any claim or request for relief, that claim or request (and only that one) will be severed and decided in court after all individual arbitrable claims are resolved, and the rest of this section will be enforced. If any other part of this section is found unenforceable, the rest remains in effect.
10. Changes. If we change this section, the change will not apply to any Dispute of which we had actual notice before the change. You may reject a future change to this section by emailing phocodweb@gmail.com within 30 days of the change, in which case the most recent version you accepted continues to apply.

23. Governing law and venue

These Terms and any Dispute are governed by the Federal Arbitration Act and the laws of the state in which Prodnium maintains its principal place of business, without regard to its conflict-of-law rules. For any Dispute not subject to arbitration, you and Prodnium consent to the exclusive jurisdiction and venue of the state or federal courts located where Prodnium maintains its principal place of business. If you live outside the United States, you also keep any mandatory consumer protections of the country where you live that cannot be waived by contract. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

24. Changes

We may modify these Terms from time to time. If a change is material, we will give you reasonable notice before it takes effect, such as by email, in-app notice, or by asking you to accept the updated Terms, and we will update the date above. Changes do not apply retroactively. Your continued use of the Services after the effective date means you accept the updated Terms; if you do not agree, you must stop using the Services and delete your account.

25. General

• Entire agreement. These Terms, the Privacy Policy and any additional terms for specific features are the entire agreement between you and Prodnium about the Services and supersede any prior agreements.
• Severability and waiver. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the rest will remain in effect. Our failure to enforce any right is not a waiver of it.
• Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign them freely, including in connection with a merger, acquisition, reorganization or sale of assets.
• Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of networks, hosting or third-party services, natural disasters, war, terrorism, labor disputes or government action.
• Export controls. You agree to comply with all applicable U.S. and other export control and sanctions laws in your use of the Services.
• Relationship. No agency, partnership, joint venture or employment relationship is created by these Terms, and there are no third-party beneficiaries other than the Prodnium Parties as stated.
• Interpretation. Headings are for convenience only. “Including” means “including without limitation.” If these Terms are translated, the English version controls.
• California users. Under California Civil Code § 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

26. Regional terms

If you live in one of the places below, the terms listed for it apply to you in addition to, and where they conflict instead of, the rest of these Terms. U.S. residents are covered by “United States: all states” and any entry for their own state.

27. Contact

Questions, notices, legal process and arbitration opt-outs: phocodweb@gmail.com.