Terms & Conditions

1. Parties and identification

This contract is entered into between:

• The service provider: Phantomsoft SAS, tax ID (NIT) 901.857.909, domiciled at Calle 13 A Sur # 53 B - 182, Medellín, Colombia, email contacto@phantomsoft.io (hereinafter, “PhantomApp” or “we”).
• The user: the natural or legal person who signs up and uses the platform (hereinafter, “the user”, “the customer” or “you”).

2. Acceptance of the terms

By creating an account, activating a free trial or paying for a subscription you declare that:

• You are of legal age (18 years or older).
• You are acting on your own behalf or are duly authorized to represent the business you register.
• You have read, understood and freely and knowingly accept these Terms & Conditions and the Privacy Policy.
• The information you provide is true, complete and current, and you commit to keeping it updated.

3. Service description

PhantomApp is a cloud-based software-as-a-service (SaaS) designed to help merchants run their business. Its main modules include:

• Point of sale (POS) and sales management.
• Inventory control and real-time reports.
• Customer, supplier and staff management.
• DIAN electronic invoicing (via integration with FacturadorApi).
• Payment processing (via Wompi and others).
• Digital sales channels (public catalog and WhatsApp Business).
• Embedded AI assistant and WhatsApp conversational agent.
• Reservations and hospitality module (specific plans).

Features may evolve over time. PhantomApp may add, modify or remove modules, notifying you by email or within the platform when the change is significant.

4. Account and credentials

• To use PhantomApp you must register an account with real data (name, email, business tax information).
• You are responsible for keeping your credentials confidential and for any activity that occurs under your account.
• You must notify us immediately of any unauthorized use by writing to contacto@phantomsoft.io.
• PhantomApp may suspend or block your account if we detect misuse, a material breach of these terms, or a security risk.

5. Plans and subscription

PhantomApp offers monthly or annual subscription plans, as well as a custom Enterprise plan for chains or special cases. Current prices are published at phantomsoft.io/#pricing and prevail over any prior version of this document.

• Free trial: lets you use the product for a limited period defined at the time of sign-up. No card is required at the start. Since the free trial does not generate a payment obligation, the payment failure policy described in clause 6 does not apply to the free trial. When the trial period ends, access is paused until the user activates a paid plan.
• Monthly plan: recurring monthly payment with automatic renewal.
• Quarterly plan: recurring payment every three (3) months with automatic renewal. Same payment failure policy as the Monthly and Annual plans.
• Annual plan: single annual payment at a preferential rate.
• Enterprise plan: terms, scope, price and the specific payment failure policy are defined in a quote and specific contract (side letter). In the absence of a side letter, the standard terms of clause 6 apply.

Additional points of sale, optional modules (for example, electronic invoicing, digital catalog, WhatsApp Commerce) and conversation/message quotas are billed according to the plan’s current pricing table.

6. Payment methods and renewal

Payments are processed through authorized payment gateways (e.g. Wompi). PhantomApp does not store full credit card numbers on its servers.

• Invoicing: PhantomApp sends you the electronic invoice each billing cycle.
• Automatic renewal: monthly or annual subscriptions renew automatically at the end of the period, unless you cancel in advance from the platform.
• Payment failures: if a renewal fails, Phantomsoft SAS will retry the charge up to three (3) times within a period of fifteen (15) calendar days, notifying you by email and/or through electronic means within the platform (in-app notifications or messages to the business's official WhatsApp channel) each time. If after the third attempt the charge is still unsuccessful, the account will be automatically suspended. Access is restored once payment is confirmed. After an additional thirty (30) calendar days without payment, Phantomsoft SAS may terminate the contract and apply the data retention described in these Terms and in the Privacy Policy.
• Plan changes: you can request a plan change through the in-app chat or by writing to contacto@phantomsoft.io. Our team coordinates the date adjustment within 24 business hours. In this phase, we do not apply automatic proration; the effective date of the new plan is agreed upon with you.

7. Right of withdrawal (Ley 1480 de 2011)

In accordance with the Colombian Consumer Protection Statute (Ley 1480 de 2011), when you contract PhantomApp remotely you have the right to withdraw within 5 business days after contracting, provided you have not used the service substantially. Refunds are processed through the same payment method and within the periods required by the law.

To exercise your right of withdrawal, write to us at contacto@phantomsoft.io stating your name, associated email and contracting date. If your plan included costs related to setup or activation (for example, DIAN electronic invoicing), those already incurred costs may be deducted.

8. Cancellation and refunds

• You can request cancellation through the in-app chat or by writing to contacto@phantomsoft.io. The cancellation takes effect at the end of the paid period.
• Outside the right of withdrawal in section 7, payments already processed are not refunded, unless a material breach attributable to PhantomApp is proven.
• After cancellation you can export your data in the formats the product supports. We will retain tax information for as long as required by law.

9. Acceptable use

By using PhantomApp you agree to:

• Use it only for lawful commercial purposes.
• Not issue fraudulent invoices or alter accounting or tax records.
• Not attempt unauthorized access to other users’ accounts or data.
• Not reverse engineer, copy, modify or redistribute the software, understanding that infringement of software copyright may constitute the offense defined in article 272 of the Colombian Criminal Code.
• Not send unsolicited messages (spam) via WhatsApp or violate the WhatsApp Business Messaging Policy.
• Not sell, transfer or publicly expose personal data of your customers obtained through PhantomApp.
• Not use the service for activities prohibited by Meta, DIAN or any applicable Colombian authority.
• When using communication modules (WhatsApp Business, digital catalog, bulk SMS or email notifications), comply with the Colombian Anti-Spam Law (Ley 2300 de 2023) and its regulatory decrees: contact your own end customers only within permitted hours (Monday to Friday from 7:00 to 19:00 and Saturdays from 8:00 to 15:00, Colombia time), respect the right of recipients to unsubscribe and not be disturbed, and do not send unsolicited commercial messages.

Non-compliance may result in suspension or termination of your account, without prejudice to any applicable legal actions.

10. Intellectual property

• The software, the “PhantomApp” brand, the logos, interface designs and any proprietary content are the exclusive property of Phantomsoft SAS or its licensors.
• We grant you a limited, non-exclusive, non-transferable and revocable license to use the service while your subscription is active.
• The data you upload or generate within the platform remains yours. PhantomApp processes it to deliver the service and as described in the Privacy Policy.
• Suggestions or feedback you send us about the product may be used freely to improve it, without any obligation to pay consideration.

11. Service availability

PhantomApp works to provide high service availability. The main infrastructure runs on Microsoft Azure with continuous monitoring. However:

• Planned maintenance windows may occur and will be announced when possible.
• Unplanned outages may occur due to external providers (Meta, Wompi, Azure, Internet carriers, DIAN) over which we have no direct control.
• PhantomApp does not guarantee 100% availability nor uninterrupted operation. Enterprise customers may agree on a specific SLA.
• For Monthly and Annual plans, Phantomsoft SAS commits to a target monthly availability of 99.5% of the service control plane (login, POS, invoicing), excluding planned maintenance windows, force majeure events and failures of external providers (Meta, Wompi, DIAN, Azure, Internet carriers). Availability is measured as monthly uptime of the public health endpoint of the gateway.

12. Limitation of liability

Within the limits allowed by law, PhantomApp is not liable for:

• Lost profits, indirect, incidental or consequential damages arising from the use of the service.
• Errors in tax filings, invoice issuance or merchant compliance with its obligations. Tax liability rests with the user.
• Data loss attributable to misuse of the product by the user or its staff.
• Damages arising from the operation of external providers (Meta, Wompi, Azure, etc.).
• The tax, accounting, financial and inventory information uploaded to PhantomApp is supplied by and is the exclusive responsibility of the user. Phantomsoft SAS acts as a provider of the tool and does not verify the truthfulness, completeness or accuracy of such information before DIAN or any other authority. Sanctions or tax contingencies arising from incorrect information supplied by the user are entirely the user’s responsibility.

PhantomApp’s total liability to the user for any reason will not exceed the amount effectively paid by the user in the 12 months immediately preceding the event giving rise to the claim. This limit does not apply to liabilities that cannot be limited by law.

13. Indemnification

The user will hold Phantomsoft SAS harmless against any third-party claim arising from (i) breach of these terms, (ii) misuse of the platform, or (iii) infringement of third-party rights by the user, including the data protection rights of their own customers or staff.

14. Privacy and personal data

The processing of personal data is governed by our Privacy Policy. By accepting these Terms you declare you have read and accepted that policy, as well as the Cookies Policy and the Data Deletion Instructions.

Regarding the data of your end customers that you upload to the platform, you act as data controller and PhantomApp acts as data processor, under the terms of the Colombian Data Protection Law (Ley 1581 de 2012).

15. Modifications

PhantomApp may modify these Terms when needed. When changes are material, we will notify you at least 15 days in advance by email or within the platform. Continued use of the service after the effective date constitutes your acceptance.

If you do not agree with a material change, you can cancel your subscription before the effective date. The latest version of the document is indicated at the top of this page.

16. Termination of the contract

The contract may be terminated in the following cases:

• By voluntary cancellation by the user from the platform, effective at the end of the paid period.
• By unilateral decision of PhantomApp in case of material breach by the user, with prior written notice when possible.
• By order of a competent authority.
• By sustained force majeure.

Once the contract is terminated, PhantomApp will keep the minimum data required by law (for example, tax information) and will delete the rest according to the periods described in the Privacy Policy.

17. Assignment of the contract

The user may not assign, transfer or delegate, in whole or in part, the rights and obligations arising from this contract without prior written authorization from Phantomsoft SAS. Any assignment without such authorization will be null.

Phantomsoft SAS may assign this contract, in whole or in part, to any affiliated, subsidiary, parent or successor company resulting from a reorganization, merger, spin-off or sale of assets, by notifying the user at least fifteen (15) calendar days in advance by email or within the platform. If the user does not agree with the assignment, they may cancel their subscription without penalty before the effective date of the assignment.

18. Governing law and jurisdiction

These Terms are governed by the laws of the Republic of Colombia. Any dispute arising from their interpretation or performance will be resolved before the competent courts of the city of Medellín, without prejudice to the consumer user’s right to go to the jurisdiction of their domicile or to the consumer protection mechanisms established in the Colombian Consumer Protection Statute (Ley 1480 de 2011).

Before initiating legal proceedings, the parties will attempt to resolve disputes through direct contact at contacto@phantomsoft.io for a reasonable period.

19. Arbitration clause

Disputes arising between the parties in connection with the execution, performance, interpretation or termination of this contract, which cannot be resolved by direct agreement within a reasonable period, will be submitted to an arbitration tribunal administered by the Arbitration and Conciliation Center of the Medellín Chamber of Commerce for Antioquia, in accordance with its current rules, under the following terms:

• Number of arbitrators: one (1) sole arbitrator, or three (3) when the amount exceeds one thousand (1,000) current Colombian monthly legal minimum wages.
• Seat: Medellín, Colombia.
• Language: Spanish.
• Arbitration law: Colombian law, decision at law.

This clause does not limit the consumer user’s right to pursue the actions provided in the Colombian Consumer Protection Statute (Ley 1480 de 2011) or the alternative dispute resolution mechanisms for consumer protection. It also does not limit the sanctioning powers of the Superintendence of Industry and Commerce (SIC) or any other competent authority.

20. Contact and support

For inquiries, support or communications related to these Terms:

• Email: contacto@phantomsoft.io
• In-product support: chat embedded in PhantomApp.
• Physical address: Calle 13 A Sur # 53 B - 182, Medellín, Colombia.

Information about current plans, support hours and additional channels is published at phantomsoft.io.