Phenom Terms of Service
Last Updated: June 30, 2025
1. Platform Overview and Scope
Phenom Enterprise LLC ("Phenom," "we," "us," or "our") operates a digital platform that connects individuals and organizations seeking media services (such as videography, photography, design, and editing) ("Buyers") with independent service providers ("Creatives" or "Sellers"). Through our website and mobile application (collectively, the "Platform"), Buyers may post project listings and receive proposals from Creatives interested in providing the requested services.
Phenom is not a party to any service contract between Buyers and Creatives. We are not an employer, broker, agency, or representative of any user. Our role is limited to facilitating access to the Platform, providing operational tools, and processing payments where applicable.
By using Phenom, you acknowledge and agree that: Phenom does not perform or control the services offered by Creatives. Phenom does not guarantee the quality, safety, legality, or accuracy of services or content. Users are solely responsible for evaluating and entering into agreements with one another. Phenom does not supervise, direct, or control any Creative’s work or schedule.
2. Eligibility and Account Creation
By creating an account, you represent and warrant that: You meet the age requirement. You have the legal authority to enter into binding agreements. All information you provide is accurate, current, and complete.
You agree to: Maintain the security and confidentiality of your login credentials. Notify Phenom immediately if you suspect any unauthorized use or security breach. Keep your account information updated at all times.
Phenom reserves the right to: Approve, reject, or revoke any account at our sole discretion. Limit access to certain features based on role, location, or compliance. Suspend or terminate accounts for violations of these Terms or applicable law.
Each user is responsible for all activity under their account. You may not use an account on behalf of someone else without authorization.
3. Independent Contractors
All Sellers are independent contractors and not employees of Phenom.
Sellers are responsible for: Setting their availability, pricing, and work methods. Securing licenses, permits, insurance, and equipment. Complying with all applicable laws, including tax obligations. Paying any applicable income or self-employment taxes.
Phenom does not: Supervise or control work. Provide benefits or insurance. Guarantee or endorse any Seller.
4. Service Listings, Proposals, and Bookings
Buyers may post listings describing their needs. Sellers can submit proposals in response.
4.1 Buyer Responsibilities Provide clear, honest listings. Only post legitimate service opportunities. Respond professionally and promptly. Secure necessary permissions (e.g., media releases).
4.2 Seller Responsibilities Submit honest proposals based on ability and availability. Fulfill bookings unless excused for cause. Deliver services as agreed. Act professionally throughout the process.
4.3 Phenom's Role Phenom does not guarantee listings or proposals. Phenom may remove or reject listings that violate our Terms. Once a proposal is accepted, a binding agreement is formed between Buyer and Seller (not Phenom).
5. Payments and Fees
Phenom facilitates payments but does not operate as a licensed escrow agent.
5.1 Payments Buyers pay at the time of booking. Funds are held until service completion, then released to Seller. If completion isn’t confirmed, Phenom may release funds after a reasonable window. Sellers are responsible for tax compliance.
5.2 Platform Fees Phenom charges a 10% fee on each transaction. All fees are non-refundable unless required by law.
5.3 Refunds and Cancellations Buyer cancellations are subject to refund eligibility based on timing. Sellers who cancel, no-show, or underdeliver may forfeit payment.
5.4 Chargebacks and Disputes Users agree not to initiate chargebacks without contacting Phenom. Phenom has sole authority to resolve disputes.
6. Circumvention of the Platform
Users may not: Accept or request payment outside of Phenom. Exchange contact info before a confirmed booking. Bypass the Platform to avoid fees.
Violations may result in: Account suspension or termination. Loss of access to funds or bookings. Penalty fees or legal action.
You may request a written exception for prior working relationships.
7. Acceptable Use and Conduct
7.1 Prohibited Behavior Harassment, hate speech, or threats. Impersonation or misrepresentation. Posting illegal or infringing content. Spamming, fraud, or misuse of the platform. Automation, scraping, or hacking.
7.2 Professional Expectations Communicate clearly and respectfully. Honor bookings and timelines. Represent your work truthfully.
7.3 Enforcement Phenom may remove content or suspend accounts for violations.
8. Content and Intellectual Property
8.1 Deliverables Sellers retain ownership unless otherwise agreed. Buyers receive a limited-use license for agreed purposes. IP transfer must be agreed to in writing before the project.
8.2 Platform License By uploading content, you grant Phenom a license to use it for operations and marketing.
8.3 Copyright Issues Report infringement to info@allphenom.com.
9. Dispute Resolution and Liability
9.1 User Disputes Phenom may assist with disputes but is not responsible for enforcing contracts.
9.2 Disputes with Phenom Governed by Texas law. Arbitration in Austin, TX. No class actions. Injunctive relief may be sought in court.
10. Account Termination
10.1 By User You may delete your account anytime. Pending obligations must be resolved.
10.2 By Phenom Phenom may suspend or terminate accounts for: Policy violations. Circumvention. Abuse or fraud. Repeated no-shows.
10.3 After Termination Data may be retained as needed for compliance and enforcement.
11. Changes and Notices
Terms may be updated at any time with 30 days’ notice. Continued use constitutes acceptance. Contact: info@allphenom.com