Terms and Conditions

1. Executive Summary (TL;DR)

While you must read the full document, here are the non-negotiable highlights:

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.

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.

3. Artificial Intelligence (AI) Ecosystem

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, voice data, behavioral data, and visual data to train and improve our AI models.

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

AI-generated content 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, 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.

4. User Content & Intellectual Property

4.1 Ownership

You maintain full intellectual property ownership over your original User Content. Phnk does not claim ownership of your creative works.

4.2 License Grant to Phnk

"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."

4.3 Moral Rights Waiver

To the fullest extent permitted by applicable law, you irrevocably waive any moral rights 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 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.

6. Account Termination & Suspension

Phnk may suspend or permanently terminate your account at any time without prior notice if you have violated any provision of these Terms, your conduct poses a risk of harm, or Phnk is required to do so by applicable law.

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.

6.2 Effect of Termination

Upon termination you will lose access to all in-platform balances, Phnk Coins, and credits. No refund will be issued. Outstanding obligations including payment and indemnification survive termination.

7. Copyright & IP Takedown (DMCA)

If you believe content on Phnk infringes your copyright, submit a written notice to hi@phnk.in with subject "Copyright Takedown Notice" including your contact details, identification of the work, identification of the infringing material, and a statement of good-faith belief.

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 and, where applicable, the EU's GDPR.

8.2 Your Data 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.

To exercise any right, submit a request to hi@phnk.in. We will respond within 30 days.

9. Payments, Refunds & Wallet

• Finality: All transactions for Phnk Coins, AI generations, digital gifts, and subscriptions are final and non-refundable upon delivery.
• Chargebacks: Initiating a chargeback without first contacting hi@phnk.in may result in immediate account suspension.
• Taxes: Users are responsible for all applicable GST or local taxes related to their earnings on the platform.

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. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE LAST SIX MONTHS, OR INR 5,000, WHICHEVER IS GREATER.

11. Conversational AI: Risks & Limitations

Conversational AI on Phnk is designed for entertainment, creative assistance, and social interaction. AI outputs are generated through statistical inference and may contain hallucinations, factual errors, or biased content. AI on Phnk does not constitute medical, legal, financial, or mental health professional advice.

12. Dispute Resolution & Governing Law

These Terms are governed by the laws of the Republic of India. Any dispute shall be exclusively resolved through binding arbitration in New Delhi, India, in accordance with the Arbitration and Conciliation Act, 1996.

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.