Terms of Service

Account Terms

1. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
2. You may not use the Services for any purpose related to illegal activity, academic dishonesty, spam, or other questionable behavior.
3. You are responsible for all activity that occurs under your account. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
4. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, Refunds, and Plan Changes

1. If you are upgrading from a plan to a higher-tier plan, the new rate starts from the next billing cycle.
2. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. See our Taxes policy for more details. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. Within each our Services, we provide a simple no-questions-asked cancellation link. An email or phone request to cancel your account is not automatically considered cancellation. If you need help canceling your account, you can always contact our Support team.
2. If you cancel the Service before the end of your current paid up term, your cancellation will take effect at the end of the term, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
3. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. We have this clause because statistically speaking, out of the hundreds of thousands of accounts on our Services, there is at least one doing something nefarious. There are some things we staunchly stand against and this clause is how we exercise that stance.
4. Verbal, physical, written or other abuse (including threats of abuse or retribution) of Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

1. We make a promise to our customers to support our Services as long as possible. Sometimes it becomes technically impossible to continue a feature or we redesign a part of our Services because we think it could be better or we decide to close new signups of a product. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Sometimes we change the pricing structure for our products. When we do that, we tend to exempt existing customers from those changes. However, we may choose to change the prices for existing customers. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Uptime, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for our Service but do take uptime of our applications seriously.
2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
3. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Phantom Software may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:
   • To help you with support requests you make. We’ll ask for express consent before accessing your account.
   • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
   • To safeguard Phantom Software. We’ll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
   • To the extent required by applicable law. As a US company with all data infrastructure located in the US, we only preserve or share customer data if compelled by a US government authority with a legally binding order or proper request under the Stored Communications Act. If a non-US authority approaches Phantom Software for assistance, our default stance is to refuse unless the order has been approved by the US government, which compels us to comply through procedures outlined in an established mutual legal assistance treaty or agreement mechanism. If Phantom Software is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.
4. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.
5. Under the California Consumer Privacy Act (“CCPA”), Phantom Software is a “service provider”, not a “business” or “third party”, with respect to your use of the Services. That means we process any data you share with us only for the purpose you signed up for and as described in these Terms of Service and Privacy policy. We do not retain, use, disclose, or sell any of that information for any other commercial purposes unless we have your explicit permission. And on the flip-side, you agree to comply with your requirements under the CCPA and not use our Services in a way that violates the regulations.

Copyright and Content Ownership

1. All content posted on the Services must comply with U.S. copyright law.
2. We claim no intellectual property rights over the material you provide to the Services. All materials uploaded remain yours.
3. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
4. The names, look, and feel of the Services are copyright© to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company. You must request permission to use the Company’s logo or any Service logos for promotional purposes. Please email us requests to use logos. We reserve the right to rescind this permission if you violate these Terms of Service.
5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
6. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.

Features and Bugs

Liability

Privacy Policy

What we collect and why

Identity & access

Billing information

Product interactions

Geolocation data

Website interactions

Anti-bot assessments

Advertising and Cookies

Voluntary correspondence

How we approach mobile app permissions

• Our iOS apps will ask for permission to use push notifications upon first sign-in.
• Android apps do not require permission to send push notifications.

When we access or share your information

• Requests for user data. Our policy is to not respond to government requests for user data unless we are compelled by legal process or in limited circumstances in the event of an emergency request. However, if U.S. law enforcement authorities have the necessary warrant, criminal subpoena, or court order requiring us to share data, we must comply. Likewise, we will only respond to requests from government authorities outside the U.S. if compelled by the U.S. government through procedures outlined in a mutual legal assistance treaty or agreement. It is 37signals’ policy to notify affected users before we share data unless we are legally prohibited from doing so, and except in some emergency cases.
• Preservation requests. Similarly, Phantom Software’s policy is to comply with requests to preserve data only if compelled by the U.S. Federal Stored Communications Act, 18 U.S.C. Section 2703(f), or by a properly served U.S. subpoena for civil matters. We do not share preserved data unless required by law or compelled by a court order that we choose not to appeal. Furthermore, unless we receive a proper warrant, court order, or subpoena before the required preservation period expires, we will destroy any preserved copies of customer data at the end of the preservation period.
• If we are audited by a tax authority, we may be required to share billing-related information. If that happens, we will share only the minimum needed, such as billing addresses and tax exemption information.

Your rights with respect to your information

• **Right to Know.** You have the right to know what personal information is collected, used, shared or sold. We outline both the categories and specific bits of data we collect, as well as how they are used, in this privacy policy.
• **Right of Access.** This includes your right to access the personal information we gather about you, and your right to obtain information about the sharing, storage, security and processing of that information.
• **Right to Correction.** You have the right to request correction of your personal information.
• **Right to Erasure / “To Be Forgotten”.** This is your right to request, subject to certain limitations under applicable law, that your personal information be erased from our possession and, by extension, from all of our service providers. Fulfillment of some data deletion requests may prevent you from using Phantom Software services because our applications may then no longer work. In such cases, a data deletion request may result in closing your account.
• **Right to Complain.** You have the right to make a complaint regarding our handling of your personal information with the appropriate supervisory authority.
• **Right to Restrict Processing.** This is your right to request restriction of how and why your personal information is used or processed, including opting out of sale of personal information. (Again: we never have and never will sell your personal data.)
• **Right to Object.** You have the right, in certain situations, to object to how or why your personal information is processed.
• **Right to Portability.** You have the right to receive the personal information we have about you and the right to transmit it to another party. If you want to export data from your accounts, you can do so by contacting us at info@phantom-soft.com and we will send you your data in a timely manner.
• **Right to not Be Subject to Automated Decision-Making.** You have the right to object to and prevent any decision that could have a legal or similarly significant effect on you from being made solely based on automated processes. This right is limited if the decision is necessary for performance of any contract between you and us, is allowed by applicable law, or is based on your explicit consent.
• **Right to Non-Discrimination.** We do not and will not charge you a different amount to use our products, offer you different discounts, or give you a lower level of customer service because you have exercised your data privacy rights. However, the exercise of certain rights may, by virtue of your exercising those rights, prevent you from using our Services.

How we secure your data

What happens when you delete content in your product accounts

Location of site and data

Changes & questions

Use Restrictions

Restricted Purposes

• Violence, or threats thereof: If an activity qualifies as violent crime in the United States or where you live, you may not use Phantom Software products to plan, perpetrate, or threaten that activity.
• Child exploitation, sexualization, or abuse: We don’t tolerate any activities that create, disseminate, or otherwise cause child abuse. Keep away and stop. Just stop.
• Hate speech: You cannot use our products to advocate for the extermination, domination, or oppression of people.
• Harassment: Intimidating or targeting people or groups through repeated communication, including using racial slurs or dehumanizing language, is not welcome at Phantom Software.
• Doxing: If you are using Phantom Software products to share other peoples’ private personal information for the purposes of harassment, we don’t want anything to do with you.
• Malware or spyware: Code for good, not evil. If you are using our products to make or distribute anything that qualifies as malware or spyware — including remote user surveillance — begone.
• Phishing or otherwise attempting fraud: It is not okay to lie about who you are or who you affiliate with to steal from, extort, or otherwise harm others.
• Spamming: No one wants unsolicited commercial emails or messages. We don’t tolerate folks (including their bots) using Phantom Software products for spamming purposes of any kind. If your emails don’t pass muster with CAN-SPAM or any other anti-spam law, it’s not allowed.
• Cybersquatting: We don’t like username extortionists. If you purchase a Phantom Software product account in someone else’s name and then try to sell that account to them, you are cybersquatting. Cybersquatting accounts are subject to immediate cancellation.
• Infringing on intellectual property: You can’t use Phantom Software products to make or disseminate work that uses the intellectual property of others beyond the bounds of fair use.

How to report abuse

How We Handle Abuse

Guiding Principles

Human oversight

Balanced responsibilities

Focus on evidence

Process

1. Discovery
2. Investigation
3. Decision, sometimes with right to an appeal

How do we discover potential abuse?

• Someone alerts us. We give abuse reports our full care and attention. Our Support team also responds to every question or comment that comes in. If we notice anything in those emails that points to a violation, we will look into it.
• We notice an anomaly in our business operations monitoring. We monitor a range of things about our products, like signup volume and error rates of web requests. If we see something weird with those numbers, we get to the bottom of it.
• We stumble upon public web content that links an individual or organization to a Basecamp product. We aren’t scouring the Internet looking for those links, but if we do come across any, we check them out.

How do we investigate?

• Language and imagery used by users on the account
• Evidence of account users’ power and/or ability to act on spoken claims
• Publicly available information about account users

• We make every effort to complete our investigations without accessing a customer account. For instance, if there are screenshots or public documents available, we review those. We also consider whether it is appropriate to involve the account owner in a given investigation and seek additional evidence from them.
• As we review the evidence, we look for indications of existing negative impact. We also assess the severity of any potential negative impact, regardless of intent. When relevant, we look for and follow available guidelines from expert institutions.
• If we cannot come to a fair assessment from the information available, we may decide to access a customer account without notice. We do not make this decision lightly. Customer privacy is a big deal to us and we only pursue this course of action if the evidence we have already is very concerning, but not definitive.

What happens if someone really broke the rules?

Can you appeal a decision?