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Legal

Terms & Conditions

Effective Date: 10 February 2026  |  Last Updated: 10 February 2026  |  Phosphene

1. Definitions

2. Acceptance of Terms

By accessing our website or engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree, please refrain from using the website or engaging our services. Use of our services is restricted to individuals and organisations with the legal capacity to enter into binding agreements. Our services are intended for organisations and professionals aged 18 and above.

3. Service Description

Phosphene provides professional AI services to organisations in Hong Kong and internationally. Services are delivered as described on our website and in individual service agreements or statements of work. Service availability and specific deliverables are defined on a per-engagement basis. We reserve the right to modify, suspend, or discontinue services with reasonable notice.

4. Client Responsibilities

Clients agree to provide accurate information necessary for service delivery, to cooperate reasonably in the discovery and scoping process, to review and act on deliverables in a timely manner, and to ensure that any data provided to Phosphene for model development is provided lawfully and with appropriate rights and permissions. Clients are responsible for final decisions made on the basis of AI recommendations. Phosphene's systems are designed to support, not replace, human decision-making.

5. Prohibited Activities

You agree not to use our website or services to engage in any unlawful activity, to misrepresent your identity or organisational affiliation, to attempt to gain unauthorised access to our systems, to copy, redistribute, or commercially exploit our intellectual property without written permission, or to use our systems in a manner that could harm third parties.

6. Intellectual Property

All intellectual property in our website content, methodologies, tools, and frameworks is owned by or licensed to Phosphene. Client-specific deliverables are licensed to the client for their internal operational use as specified in the service contract. Phosphene retains ownership of general methodologies, models, and frameworks developed in the course of delivering services. Clients retain ownership of their own data provided to Phosphene.

7. Payment Terms

Pricing is as stated on our website and in service contracts. Payment is due in Hong Kong Dollars (HKD) as specified in the relevant service agreement. Invoices are typically due within 14 days of issue. Late payment may result in suspension of services. Specific payment terms for each engagement are confirmed in the applicable service contract.

8. Refund Policy

Given the nature of professional services, fees for completed work are generally non-refundable. Where an engagement is terminated before completion, fees for work completed to the point of termination remain payable. Specific refund provisions may be addressed in individual service contracts. We aim to handle any concerns about service quality through direct discussion before any formal dispute process.

9. Confidentiality

Both parties agree to maintain the confidentiality of proprietary information shared in the course of an engagement. Phosphene will not disclose client data or business information to third parties except as required to deliver the services, as required by law, or as agreed in writing. Specific confidentiality terms are addressed in service agreements.

10. Disclaimers

Our website and AI systems are provided on an "as is" basis. While we take care to ensure quality and accuracy, we make no warranty that our AI recommendations will produce specific business outcomes. AI systems are probabilistic tools that support decision-making — they do not provide guarantees of particular results. Our website content is provided for informational purposes and does not constitute legal, financial, or professional advice.

11. Limitation of Liability

To the fullest extent permitted by Hong Kong law, Phosphene's total liability to any client in connection with any engagement shall not exceed the fees paid by that client for the relevant service in the 12 months preceding the claim. Phosphene shall not be liable for indirect, incidental, consequential, or punitive damages, including loss of profit or business opportunity, arising from use of our services or website. Nothing in these terms limits liability for fraud, wilful misconduct, or where liability cannot be limited by law.

12. Force Majeure

Neither party shall be liable for delays or failures in performance caused by circumstances beyond their reasonable control, including natural disasters, government actions, network failures, or other events that could not have been reasonably anticipated or avoided.

13. Termination

Either party may terminate a service engagement by providing written notice as specified in the applicable service contract. Phosphene may suspend or terminate services immediately if a client breaches these terms or engages in conduct that endangers our systems or third parties. Upon termination, fees for completed work remain payable. Provisions relating to intellectual property, confidentiality, limitation of liability, and governing law survive termination.

14. Dispute Resolution

In the event of a dispute, both parties agree to attempt to resolve the matter through direct discussion within 30 days of written notice. If not resolved, disputes shall be referred to mediation in Hong Kong. If mediation is unsuccessful, disputes shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region. These Terms are governed by the laws of Hong Kong.

15. General Provisions

These Terms, together with any applicable service contract, constitute the entire agreement between the parties in respect of the services. If any provision is found to be unenforceable, the remaining provisions shall continue in full force. A waiver of any term in one instance does not constitute a waiver in any other instance. These Terms may not be assigned without written consent.

16. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via our website. Continued use of our services following an update constitutes acceptance of the revised terms. The effective date above reflects the version currently in force.

17. Contact

Phosphene
152 Queen's Road Central, Sheung Wan, Hong Kong
Email: [email protected]
Phone: +852 9217 4638