Terms of Service

Last Updated: Jun 5, 2023

Phase is a platform for developers to add encryption to their applications and manage keys securely.

These Terms of Service (“Terms”) define your rights and our rights in relation to the use of the services provided by Phase Security Inc. (“Phase”, “we”, “us”, “the Company”) through the website at https://phase.dev (the “Phase Website”), through any applications (the “Phase Console”). The Phase Website and applications, the Phase Console and the services provided by or through the Phase Website and applications are collectively known in these Terms as the “Services”.

Through accessing or using the Services or any part of them, you, the user (“you”, “user”) agree to be bound by, and access the Services in accordance with, these Terms of Service and all terms, guidelines and policies incorporated by reference in this Document, including but not limited to our standard documentation for the Services currently located here (“Phase Documentation”) and Phase's Privacy Policy (collectively, the “Agreement”). If you do not agree to this Agreement, you may not utilize, access, or submit information to the Services. (collectively, the “Agreement”).

The license details for our open-source self-hosted version of Phase are available on our GitHub.

1. The Services

Phase is updating and improving its Services on a constant basis. We have the right to introduce new products and/or features, change existing products and/or features, or discontinue products and/or features from the Services at any time. Currently we offer the following products:

1.1 Phase Console: Phase Console helps users create, manage and deploy application secrets (“secrets”) and their usage in user applications. It is provided in the form of a browser dashboard. A user creating an account on the Phase Console can either create a team or an organization or join an existing one. A user can create a Phase App (“Application”, "App") to create, manage and deploy new application secrets. A user can also create and securely deploy encryption keys to be used to secure arbitrary data via the Phase Key Management Service (KMS). A user can also invite other members ("members") to join their Application and collaborate on secret management.

1.2 Phase CLI: The Phase CLI helps users create, manage and deploy application secrets. It integrates natively in various platforms and frameworks. It it provided in the from of a command line interface - CLI.

2. Creating a Account

2.1 If you sign up for an account on the Services of Phase, you agree to (a) provide accurate, current and complete information as may be prompted by account setup forms on the Services (further referred to as “Registration Data”); (b) maintain the security of your password, recovery keys and account information; (c) maintain and promptly update the Registration Data, and any other information you provide to Phase, and keep it accurate, current and complete. You are responsible for all activity on your Phase account, and for all charges related to your Phase account. Note that the Services are not intended for, and should not be used by, anyone under the age of 16.

2.2 You can login to your Phase account using your Phase Console credentials.

2.3 Unauthorized Account Use. You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of or access to your account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

3. Security and Data Privacy

3.1 Phase Security. Phase aims to keep your data secure by using end-to-end encrypted communication channels, encrypting data at transport and at rest, and by ensuring our infrastructure doesn't have direct access to your Keys. It is also impossible for anyone at Phase to access sensitive customer data such as, Phase App Secrets, and user passwords as the data is end-to-end encrypted. Phase regularly assesses its policies and practices to improve its security readiness.

To learn more about how data flows through our systems, where/how it is encrypted, and how your data is secured at rest with our security partner visit the Phase security documentation. Phase implements robust physical, technical and administrative security measures designed to protect your information from unauthorized or accidental access, destruction, use, modification or disclosure. However, no method of transmission over the Internet, and no means of electronic or physical storage, is entirely free of risk, and thus we cannot ensure or warrant the absolute security of your information.

3.3 Privacy. We collect certain data and information about you in connection with your use of the Services and otherwise in connection with these Terms. We collect and use all such data and information in accordance with our Privacy Policy, which you acknowledge. We are always striving to improve the Services. In order to do so, we use analytics techniques to better understand how our Services are being used. For more information on these techniques and the type of data collected, please read our Privacy Policy.

3.4 Subpoenas. Nothing in these Terms prevents us from disclosing your data to the extent required by law, subpoenas or court orders, but we will use commercially reasonable efforts to notify you where permitted to do so. Phase strives to balance your privacy rights with other legal requirements.

4. Fees, Charges and other Payments

You agree to pay all fees and charges applicable to your use of the Services. Please contact Phase at [email protected] for detailed pricing information. We partner with Stripe, Inc. (“Stripe”) to manage payments. By using our Services you agree to provide Stripe accurate, current, complete and authorized information about yourself and your business, and your credit, debit or other payment card data. By providing Stripe with your payment information, you agree that Phase is authorized to immediately charge you for all fees and charges due and payable to Phase hereunder and that no additional notice or consent is required. You agree to immediately update your payment details in Stripe if there is any change in your billing address or the credit card used for payment hereunder.

We reserve the right to suspend or terminate your account and the Services provided to you if any fees or charges remain unpaid beyond a reasonable grace period, decided by Phase. All payments are exclusive of federal, state, local and foreign taxes, duties, tariffs, levies, withholdings and similar assessments, and you agree to bear and be responsible for the payment of all such charges, excluding taxes based upon Phase's net income. We reserve the right to change the fees and other charges from time to time, by notifying you via email or through the Services.

5. Third Party Services and Platforms

A “Third-Party Service” means any software, software-as-a-service, data sources, content, websites or other products or services not provided by Phase that are integrated with the Services (e.g., Slack, GitHub, Slab). The Services may depend upon, interact with, support integrations with or enable access to Third-Party Services, which may in each case be accompanied by separate terms of use. In order for the Services to communicate with, access or receive relevant information from such Third-Party Services, users may be required to input credentials. By enabling use of the Services with any Third-Party Services, user authorizes Phase to access user's accounts with such Third-Party Services for the purposes described in these Terms. User is solely responsible for complying with any relevant terms and conditions of the Third-Party Services and maintaining appropriate accounts in good standing with the providers of the Third-Party Services. USER ACKNOWLEDGES AND AGREES THAT Phase HAS NO RESPONSIBILITY OR LIABILITY FOR ANY THIRD-PARTY SERVICES OR ANY USER DATA EXPORTED TO A THIRD-PARTY SERVICE.

Phase does not guarantee that the Services will maintain integrations with any Third-Party Services and Phase may disable or deactivate integrations of the Services with any Third-Party Services at any time. If Phase's deactivation of an integration will materially impact the Services provided, Phase will notify users of such deactivation. For clarity, these Terms govern users' use of and access to the Services, even if accessed through an integration with a Third-Party Services. WE DO NOT ENDORSE, AND HEREBY DISCLAIM ALL LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICE.

6. Your License and Acceptable Use

6.1 Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, non-sublicensable license worldwide (with the exception of (i) jurisdictions that are embargoed or designated as supporting terrorist activities by the United States Government and (ii) jurisdictions whose laws do not permit engaging in business with Phase or use of the Services) for you to access and use the Services for your internal business or personal purposes, depending on your account type (only in a manner that complies with all legal requirements that apply to you or your use of the Services, including the Phase Privacy Policy and these Terms). If you have a free account you may use the Services for business or personal purposes, but paid accounts are for business use only, and may not be used for personal or other non-commercial purposes. Phase may revoke this license at any time, in its sole discretion.

6.2 Acceptable Use. You must comply with the following rules regarding acceptable use of the Services. You may not:

Access, tamper with, or use non-public areas of the Services, Phase's computer systems, or the technical delivery systems of Phase's providers.
Defeat or bypass measures put in place by Phase to restrict certain features to a certain pricing tier or an account type.
Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources (e.g. using “bots” or other automated systems to send requests to our servers at a rate beyond what could be sent by a human user during the same period of time).
Access or search the Services by any means other than by using the interfaces provided for your authorized use by Phase (for example, “scraping”)
Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure
Interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Services.

6.3 Misuse of the Services. You may not utilize the Services to carry out, promote or support:

Any unlawful or fraudulent activities.
Any renting, leasing, distributing, sublicensing, or otherwise providing access to the Services to a third party.
The sending of unsolicited communications, promotions advertisements, or spam.
The impersonation of another person or entity or the misrepresentation of an affiliation with a person or entity in a manner that does or is intended to mislead, confuse, or deceive others.
The publishing of or linking to malicious content intended to damage or disrupt another user's browser or computer.
The publishing, posting or storing of other people's or entities' Secrets, private or personal information without their express authorization and permission.
The use of the Services for competitive analysis or to build competitive products.

6.4 User Content Standards Within the Services. You may not store, manage or post any User Content on the Services that:

Violates any applicable law, any third party's intellectual property rights, or anyone's right of privacy or publicity.
Is deceptive, fraudulent, illegal, which, if we become aware of, we will remove and report to law enforcement.
Contains viruses, bots, worms, or similar harmful materials.
Contains any information that you do not have a right to make access or use under law or any contractual or fiduciary duty.

6.5 Violations of this Section. In addition to any other remedies that may be available to us, Phase reserves the right to take any remedial action it deems necessary, including immediately suspending or terminating your account or your access to the Services, upon notice and without liability for Phase should you fail to abide by the rules in this Section or if, in Phase's sole discretion, such action is necessary to prevent disruption of the Services for other users.

7. User Content and Feedback

7.1 User Content and Submissions on the Services. The Services allow you to perform various functions, including creating projects to manage Environments and submit associated information, text, files, and other materials (collectively, “User Content”) and to share that User Content with others. User Content submitted or otherwise made available to the Services is owned and controlled by the organization or entity to which the applicable account belongs (“Account Holder”). To the extent of the User Content that is available to Phase (environment variables are only visible in the encrypted format), Phase maintains a limited, non-exclusive and non-transferable (except in connection with the sale or transfer of its business) license to access, use and transmit User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests (provided that in the event a Phase support agent needs to access a workplace, the owner of that workplace will need to manually grant the agent access by inviting their email in the team page); (iii) to comply with a valid legal subpoena, request, or other lawful process; and (iv) as expressly permitted in writing by the Account Holder.

7.2 Feedback on the Services. To the extent Customer provides any suggestions, recommendations or other feedback specifically relating to the Environment Manager or any Service operated by Phase (collectively, “Feedback”), Customer grants to Phase a royalty free, fully paid, sub-licensable, transferable (non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import and otherwise exploit Feedback including by incorporation of such Feedback into the Phase's services without restrictions).

7.3 User Content and Feedback Representations. You acknowledge and agree that you have all required rights to submit User Content and Feedback without violation of any third-party rights.

8. Our Proprietary Rights

The Services are owned and operated by Phase Security Inc. and contain materials (including all software, design, text, editorial materials, informational text, photographs, illustrations, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks) which are derived in whole or in part from materials supplied by Phase and its partners, as well as other sources, and are protected by United States copyright laws, international treaty provisions, trademarks, service marks and other intellectual property laws. The Services are also protected as a collective work or compilation under U.S. copyright and other law and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You acknowledge that the Services have been developed, compiled, prepared, revised, selected, and arranged by Phase and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Phase and such others. You agree to protect the proprietary rights of Phase and all others having rights in the Services during and after the term of these Terms and to comply with all written requests made by Phase or its suppliers and licensors (collectively, “Suppliers”) of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You agree to notify Phase immediately upon becoming aware of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including without limitation rights in and to all applications and registrations relating to the Services shall, as between you and Phase, at all times be and remain the sole and exclusive property of Phase. Any unauthorized use of any material contained on or through the Services may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

The Services, their “look and feel”, any and all related or underlying technology and any modifications or derivative works of the foregoing, including as they may incorporate Feedback and any performance information relating to the Services will be deemed Phase's confidential information (“Phase Confidential Information”). Except as expressly authorized herein, you will (1) hold in confidence and not disclose any Phase Confidential Information to third parties and (2) not use Phase Confidential Information for any purpose other than fulfilling your obligations and exercising your rights under these Terms.

9. Trials and Betas

Product features clearly identified as Alpha or Beta features (collectively “Early Access Features”) made available by Phase are provided to you for testing purposes only, and Phase does not make any commitment to provide Early Access Features in any future versions of the Services. You are not obligated to use Early Access Features. Phase may immediately and without notice remove Early Access Features for any reason without liability to you. Notwithstanding anything to the contrary in the Terms, all Early Access Features are provided "AS IS" without warranty of any kind and without any performance obligations.

10. DISCLAIMER OF WARRANTIES

ALL SERVICES, SUPPORT AND BETA VERSIONS ARE PROVIDED “AS IS,” AND Phase AND OUR SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES, SUPPORT OR BETA VERSIONS WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE SERVICES, SUPPORT AND BETA VERSIONS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD-PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

11. LIMITATIONS OF LIABILITY

11.1 NEITHER Phase NOR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER PARTIES INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES (“SUPPLIERS”) WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, BUSINESS INTERRUPTION, FAILURE OF SECURITY MECHANISMS, COMPUTER DAMAGE, SYSTEM FAILURE, COST OF DELAY, OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Phase HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

11.2 IN NO EVENT WILL Phase OR SUPPLIERS' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO Phase IN THE PRECEDING TWELVE (12) MONTHS FOR THE SERVICES.

11.3 California Resident Waiver. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” This release includes the criminal acts of others.

11.4 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY Phase TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 11 WILL APPLY TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.

12. INDEMNITY

You agree to indemnify, defend, and hold harmless Phase, its affiliates, employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (a) your use and access of the Service, by you or any person using your account and/or password; (b) a breach of these Terms or Phase's privacy policy; (c) your violation of an applicable law and/or any right of another entity/individual; (d) your upload, storage, management, or syncing of user data on the services.

13. Termination

You can decide to stop using the Services and terminate these Terms at any point in time for any reason with a written notice to us, but, upon any such termination, unless otherwise agreed in writing between you and Phase, you will not be eligible for a refund of any pre-paid fees. Phase may terminate or suspend your access to the Services at any time with cause. After executing the termination, you will no longer access (or attempt to access) the Service. Unless terminated by Phase without cause, you may not be entitled to any refund of any prepaid fees. All provisions of this Agreement which by their nature should exist even after termination shall exist after termination, including, without limitation, all restrictions of liability, warranty disclaimers, and dispute resolution provisions.

14. Governing Law and Dispute Resolution

14.1 Informal Resolution. In the event of any controversy or claim arising out of or relating to these Terms, the parties will consult and negotiate with each other and, recognizing their mutual interests, attempt to find a solution that is satisfactory to both parties. If the parties do not reach settlement within a period of sixty (60) days, any of the parties may pursue relief as may be available under these Terms. All negotiations pursuant to this Section will be confidential and treated as compromise and settlement negotiations for purposes of all rules and codes of evidence of applicable legislation and jurisdictions.

15. General Terms

15.1 Phase will not be liable for, or be considered to be in breach of or default under these Terms on account of, any delay or failure to perform as required by these Terms as a result of any cause or condition beyond its reasonable control, so long as it uses commercially reasonable efforts to avoid or remove those causes of non-performance. If Phase believes in good faith that it is legally prohibited from providing you or your Authorized Users with the Services, it is at Phase's sole discretion to freeze your account and/or cancel your subscription.

15.2 Any failure of either Party to insist upon or enforce performance by the other Party of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement will not be interpreted or construed as a waiver or relinquishment of such Party's right to assert or rely upon such provision, right or remedy in that or any other instance. If a court of competent jurisdiction finds any provision of these Terms to be invalid, the parties agree that the court should endeavor to give effect, to the maximum extent permitted by law, to the parties' intentions as reflected in the provision, and the other provisions of these Terms will remain in full force and effect.

15.3 Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

15.4 Statute of Limitations. Except in relation to privacy related claims or if you are a resident of New Jersey, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Services and/or these Terms must be filed within the period of one (1) year after such claim or cause of action arose or be forever barred.

15.5 Notices. Any notices or other communications provided by Phase under these Terms, including those regarding modifications to these Terms, will be given by Phase: (i) via e-mail; or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. If you give a notice to us, it will be effective when received and you must use the following email address: [email protected]

15.6 Miscellaneous. These Terms (and all terms and conditions incorporated herein) constitute the entire agreement between you and Phase and govern your use of the Services, and supersede any prior agreements between you and Phase on the subject matter. These Terms, and any rights or licenses granted hereunder, may not be assigned or delegated by you. These Terms, and any rights or licenses granted hereunder, may be assigned or delegated by Phase without restriction. These Terms bind and inure to the benefit of each party and the party's successors and permitted assigns. These Terms may not be modified by an oral statement by a representative of Phase. No agency, partnership, joint venture or employee-employer relationship is intended or created by these Terms. You agree that any agreements made by and between you and us in electronic form are as legally binding as if made in physical written form. The section titles in these Terms are for convenience only and have no legal or contractual effect.

15.7 Whenever the words “including,” “include,” or “includes” are used herein, they will be deemed to be followed by the phrase “without limitation.”

16. Questions

With any questions regarding these Terms, please reach out to [email protected]