Terms of Service

1. Acceptance of These Terms

These Terms of Service (the “Terms”) form a binding agreement between you and PhantomView AI LLC (“PhantomView,” “we,” “us,” or “our”) and govern your access to and use of pocketblueapp.com and any other website we operate that links to these Terms (the “Site”). By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.

These Terms do not govern your use of the Pocket Blue mobile application or any other PhantomView product or service, each of which will have its own separate terms.

2. Eligibility

The Site is intended for adults age 18 and older who are located in the United States. By using the Site, you represent and warrant that you are at least 18 years old, that you are a legal resident of the United States, and that you have full legal capacity to enter into these Terms. If you are using the Site on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

3. The Site; Waitlist

The Site is an informational and marketing destination that describes the Pocket Blue product, allows you to join a waitlist to receive updates, and provides links to third-party platforms such as Kickstarter and the Apple App Store. The Site does not allow you to create a user account, and does not process payments, subscriptions, or orders.

By submitting your email address or other information through a waitlist or contact form, you consent to receive email communications from PhantomView about Pocket Blue and related product updates. You can unsubscribe from marketing emails at any time using the unsubscribe link in any such email.

4. Intellectual Property

The Site, including all text, graphics, images, illustrations, logos, button icons, audio and video clips, and software, and the selection, arrangement, and “look and feel” of the foregoing (collectively, the “Site Content”), is owned by PhantomView or its licensors and is protected by United States and international copyright, trademark, trade dress, patent, and other intellectual property laws.

“PhantomView AI,” “Pocket Blue,” and the related logos and designs are trademarks of PhantomView AI LLC. Other product and company names mentioned on the Site may be the trademarks of their respective owners. Nothing in these Terms grants you any right to use any PhantomView trademark without our prior written permission.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial information purposes. Except as expressly permitted by these Terms, you may not copy, modify, distribute, sell, lease, publicly display, publicly perform, transmit, adapt, translate, reverse engineer, or create derivative works from any Site Content, or use any Site Content for training, input, or output of any artificial intelligence or machine-learning system, without our prior written consent.

5. Acceptable Use

You agree not to, and not to help or permit anyone to:

• use the Site in any way that violates any applicable federal, state, local, or international law or regulation;
• use the Site to transmit any material that is defamatory, obscene, threatening, harassing, or otherwise objectionable;
• attempt to interfere with, compromise, or disrupt the Site or the servers or networks that host the Site, including by introducing viruses, worms, or other malicious code;
• use any robot, spider, scraper, or other automated means to access the Site for any purpose without our prior written permission, except for legitimate search-engine indexing pursuant to our robots.txt file;
• circumvent, disable, or otherwise interfere with security-related features of the Site, or features that prevent or restrict use or copying of any content;
• scrape, harvest, or otherwise collect email addresses or other contact information from the Site, whether for sending unsolicited messages or otherwise;
• use the Site to train, develop, or fine-tune any artificial intelligence or machine-learning model, or to generate any competing dataset or product;
• impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• attempt to do any of the foregoing.

6. User Submissions and Feedback

If you send us feedback, suggestions, comments, or ideas about the Site or Pocket Blue (collectively, “Feedback”), you grant PhantomView a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and otherwise exploit the Feedback in any manner and for any purpose, without any obligation to you. You represent and warrant that you have all rights necessary to grant this license and that the Feedback does not violate the rights of any third party.

7. Privacy

Your use of the Site is also governed by our Privacy Policy (available at pocketblueapp.com/privacy), which is incorporated by reference into these Terms.

8. Third-Party Links and Services

The Site may contain links to third-party websites, services, and resources, including Kickstarter and the Apple App Store. These links are provided solely as a convenience. We do not control, and are not responsible for, any third-party website or service, or for any content, products, or services available through them. Your interactions with any third-party website or service are governed by the terms and policies of that third party.

9. Kickstarter Campaigns and Pre-Launch

The Site may promote one or more crowdfunding campaigns that PhantomView operates on Kickstarter or a similar platform. The Site itself is not a point of sale, does not accept pledges or payments, and does not create any contract for the sale of goods or services. Any pledge, reward, or purchase made on Kickstarter or another third-party platform is a transaction between you and that platform (and, where applicable, PhantomView as the campaign operator) and is governed by that platform’s terms of service. PhantomView makes no representation or warranty through the Site about the availability, timing, features, or delivery of any product offered through a crowdfunding campaign. Forward-looking statements on the Site (including descriptions of unreleased product features, launch timing, and Kickstarter milestones) are inherently uncertain and subject to change without notice.

10. Disclaimers

We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components. You access and use the Site at your own risk.

Descriptions of Pocket Blue on the Site are for informational purposes only and do not constitute a binding offer or commitment to deliver any feature, specification, or performance characteristic. Pocket Blue is designed to be an aid to scorekeeping and is not a substitute for a certified umpire or official scorekeeper. Nothing on the Site is intended to provide professional, legal, medical, or other advice.

11. Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

12. Dispute Resolution; Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY – IT AFFECTS YOUR LEGAL RIGHTS.

12.1 Informal resolution

Before filing a claim, you agree to try to resolve any dispute informally by sending a written notice describing the dispute, your contact information, and the relief you are seeking to [email protected] or to PhantomView AI LLC, Attn: Mike Casper, 4014 N Bell Ave, Chicago, IL 60618. PhantomView will attempt to resolve the dispute informally by contacting you by email. If the dispute is not resolved within 60 days after the notice is received, either party may commence a formal proceeding, subject to the arbitration requirements below.

12.2 Binding individual arbitration

Except for the excluded claims in Section 12.4, any dispute, claim, or controversy arising out of or relating to the Site or these Terms (a “Dispute”) shall be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures in effect at the time arbitration is commenced. The arbitrator, not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute, including any claim that all or any part of these Terms is void or voidable. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

The arbitration shall be conducted in English and seated in Cook County, Illinois; provided that you may elect to participate telephonically or by videoconference, or, for claims under US$25,000, may request that the arbitration be conducted solely on the basis of documents submitted to the arbitrator. Judgment on the arbitrator’s award may be entered in any court of competent jurisdiction.

12.3 Class-action waiver

12.4 Excluded claims

Notwithstanding Section 12.2, either party may (a) bring an individual claim in a small-claims court of competent jurisdiction, or (b) seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights.

12.5 30-Day opt-out

You can opt out of the arbitration agreement and class-action waiver in this Section 12 by sending a written notice within 30 days after you first accept these Terms. The notice must include your name, mailing address, and a clear statement that you wish to opt out of arbitration, and must be sent to [email protected] or to PhantomView AI LLC, Attn: Arbitration Opt-Out, 4014 N Bell Ave, Chicago, IL 60618. Opting out will not affect any other provisions of these Terms.

13. Governing Law and Venue

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict-of-laws principles. Subject to Section 12, the exclusive venue for any action that is not subject to arbitration shall be the state or federal courts located in Cook County, Illinois, and each party consents to the personal jurisdiction of such courts.

14. Termination; Suspension

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. Upon termination, the provisions that by their nature should survive (including Sections 4, 6, 10, 11, 12, 13, and 16) shall survive.

15. Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that any content on the Site infringes your copyright, please send a notice that complies with the Digital Millennium Copyright Act (“DMCA”) to our designated agent:

Your notice must include the information required by 17 U.S.C. § 512(c)(3). We may terminate the access of users who are repeat infringers.

16. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy, are the entire agreement between you and PhantomView regarding the Site and supersede any prior or contemporaneous communications between you and PhantomView regarding the Site.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the unenforceable provision shall be enforced to the maximum extent permitted by law.

No waiver. Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is void. We may assign these Terms without restriction, including in connection with a merger, acquisition, financing, or sale of assets.

Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including acts of God, natural disasters, labor disputes, internet outages, or governmental actions.

Notices. We may provide notices to you by email, by posting on the Site, or by any other reasonable means. Notices to us must be sent to the address in Section 17.

Relationship. These Terms do not create any agency, partnership, joint venture, or employment relationship between you and PhantomView.

Headings. Section headings are for convenience only and do not affect interpretation.

17. Contact Us

Questions about these Terms can be directed to: