Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of the services provided by Phan Industries LLC ("Phan Industries," "we," "our," or "us"), a business registered in the State of Wisconsin. By signing up for, paying for, or using our services, you agree to be bound by these Terms.

2. Services

Phan Industries provides the following services to clients under a single all-inclusive subscription plan:

• —Website design and development using systems, templates, and processes created by Phan Industries
• —Website hosting, maintenance, updates, and technical support, available 7 days a week
• —Basic SEO setup and related website optimization
• —Domain name registration, purchased and maintained by Phan Industries in Phan Industries' own name, included at no additional cost while the subscription is active
• —Nameserver configuration assistance for clients who already own their own domain
• —Monthly Google Business Profile audit covering categories, hours, photos, and business information
• —Negative review dispute service — best-effort identification and flagging of reviews that violate Google's policies
• —AI-powered monthly report with findings, recommendations, and growth insights

Unless otherwise stated in writing, our service is a hosted, managed service and not a custom work-for-hire transfer of source code, systems, or domain assets.

3. Payment Terms

Services are billed monthly in advance at $149/month for clients who sign up during the founder period (first 200 clients), or at the then-current rate for clients who sign up after the founder period ends. Unless otherwise stated in writing, the initial term is 12 months.

Your monthly billing obligation continues throughout the 12-month term. Failure to use the service does not excuse payment during the contract term.

If you authorize recurring billing, you permit Phan Industries and/or its payment processor to charge your selected payment method for recurring monthly fees, applicable taxes, and any approved additional charges.

All payments are final and non-refundable, except where required by law or where we agree otherwise in writing.

4. Domain Name Policy

If the client does not have an existing domain name, Phan Industries will register a domain name on the client's behalf as part of the active subscription. This domain is registered and maintained in Phan Industries' name, using Phan Industries' registrar account (currently Vercel), and remains the sole property of Phan Industries for the duration of the subscription and thereafter.

The client is granted use of the domain solely for the purpose of their hosted website while their subscription remains active and in good standing.

Upon cancellation, non-payment, or termination of services for any reason, Phan Industries will cease paying for the domain renewal. The domain will expire naturally according to its registration schedule. Phan Industries has no obligation to notify the client of expiration, transfer the domain, or take any further action regarding the domain after the subscription ends.

If the client already owns their own domain, Phan Industries will assist with nameserver configuration to point the domain to Phan Industries' hosting. In this case, the client retains full ownership and responsibility for their domain.

5. Google Business Profile & Review Management

All subscription plans include Google Business Profile support. This service includes a monthly profile audit covering categories, hours, photos, and business information, as well as a simplified monthly report on the client's online presence.

Phan Industries will make reasonable efforts to identify and dispute reviews that appear to violate Google's review policies. However, Phan Industries does not guarantee the removal of any review. The decision to remove, keep, or reinstate any review rests solely with Google. Phan Industries makes no warranty, express or implied, regarding review removal outcomes.

Phan Industries does not guarantee responses to all reviews. Review dispute efforts are provided on a best-effort basis and are subject to Google's policies and platform limitations.

To enable this service, the client must add Phan Industries as a Manager on their Google Business Profile. The client retains Owner-level access and control at all times. Upon termination of the subscription, Phan Industries will remove its access from the client's Google Business Profile.

6. Revisions & Scope of Work

Clients are entitled to 1–2 revisions per month during the active service period, unless a different revision allowance is stated in writing. Additional revisions or work outside the agreed scope may be billed separately at an agreed-upon rate.

7. Nonpayment, Suspension, and Termination

If a payment fails or remains unpaid, Phan Industries may suspend updates, support, hosting, access, or other services until the account is brought current.

If nonpayment continues, Phan Industries may remove the website from public access, terminate hosting, and end the service relationship. Suspension or termination for nonpayment does not waive your responsibility to pay amounts due under the agreement, including any unpaid charges during the initial 12-month term, to the extent permitted by applicable law.

You may request cancellation at any time, but cancellation does not automatically eliminate payment obligations already incurred or still owed during the initial 12-month contract term.

Phan Industries may also terminate service for material breach, abuse, unlawful use, or misuse of the service.

8. Ownership and Client Materials

Phan Industries retains all rights, title, and interest in its templates, code, systems, design frameworks, workflows, internal tools, hosting environment, documentation, domain names registered by Phan Industries, and other provider-owned materials used to create and operate the service.

The client retains ownership of client-supplied business content, including business name, logo, photographs, menu or service descriptions, contact details, hours, and other materials provided by the client. The client grants Phan Industries a non-exclusive license to use, host, store, copy, and process such materials as necessary to provide the services.

Unless otherwise agreed in writing, the service gives the client the right to use the live hosted website during the active paid term only. Source files, provider-owned systems, provider-owned domains, backups, internal documentation, and platform assets are not transferred to the client by default.

9. Client Responsibilities

You agree to provide accurate information and all necessary content, approvals, images, logos, and other materials in a timely manner. Delays caused by missing information, missing approvals, or delayed feedback may extend timelines.

10. Confidentiality

Both parties agree to keep confidential any proprietary or sensitive non-public information disclosed during the service relationship, except as needed to provide the services, comply with law, or enforce these Terms.

11. Limitation of Liability

To the maximum extent permitted by law, Phan Industries shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising from or related to the services, including but not limited to loss of business, loss of domain access, or failure to remove reviews. Our total liability for any claim shall not exceed the amount paid by the client to Phan Industries during the three months immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify and hold harmless Phan Industries from claims, losses, liabilities, damages, and expenses arising out of your content, your misuse of the services, your breach of these Terms, or your violation of law or third-party rights.

13. Portfolio Use

Unless otherwise agreed in writing, Phan Industries may display the client's website, business name, and non-confidential project materials in its portfolio, case studies, and marketing materials.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Wisconsin, without regard to conflict-of-law principles. Any dispute arising from these Terms shall be resolved in the manner stated in the controlling client agreement, or if no separate agreement exists, in a court of competent jurisdiction in Wisconsin.

15. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated date. Continued use of our services after changes are posted constitutes acceptance of the updated Terms.

16. Contact

For questions about these Terms, contact us at contact@phanindustries.com.