Last Updated: January 1, 2025
Welcome to Phos. These Terms of Service ("Terms") govern your access to and use of the Phos mobile application and services ("Service") provided by SAFR+ ("we," "us," or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.
1. Acceptance of Terms
By creating an account, accessing, or using Phos, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using Phos on behalf of an organization (such as a school), you represent that you have the authority to bind that organization to these Terms.
You must be at least 18 years old to use Phos. If you are a parent using Phos for your child, you are responsible for ensuring compliance with these Terms.
2. Description of Service
Phos is a Preschool Operating System designed for kindergartens and educational institutions. Our Service enables:
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time with or without notice.
3. User Accounts and Registration
3.1 Account Creation
To use Phos, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
3.2 Account Types
Phos supports three types of accounts: • Parent Accounts: For parents who want to view photos of their children • Teacher Accounts: For teachers who upload and manage photos • Administrator Accounts: For school administrators who manage the organization
3.3 Account Security
You agree to: • Keep your password secure and confidential • Not share your account credentials with others • Notify us immediately of any unauthorized access • Use a strong, unique password • Log out when using shared devices
3.4 Account Termination
You may terminate your account at any time through the app settings. We reserve the right to suspend or terminate accounts that violate these Terms or engage in harmful activities.
4. Acceptable Use
You agree to use Phos only for lawful purposes and in accordance with these Terms. You agree NOT to:
5. Content and Intellectual Property
5.1 Your Content
You retain ownership of photos and content you upload to Phos. By uploading content, you grant us a limited, non-exclusive, worldwide license to: • Store, process, and display your content on the Service • Use AI face recognition technology to tag photos • Share content with authorized users (parents, teachers) as intended • Use content for service improvement and support purposes
5.2 Our Intellectual Property
The Phos Service, including its design, features, functionality, AI technology, and software, is owned by SAFR+ and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
5.3 Content Removal
We reserve the right to remove any content that violates these Terms or is otherwise objectionable. You can delete your own content at any time through the app.
5.4 Collaborative Content & Shared Library
When a User chooses to "Share" or publish a Lesson Plan to the organization's "Public Library" or "Shared Hub," the User grants other authorized users within the same organization a non-exclusive, perpetual license to clone, edit, and use that content for educational purposes. While the original creator retains moral rights, the organization (The School) maintains the right to access and use shared curriculum data even after a specific teacher's account is terminated.
6. Privacy and Data Protection
Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Key privacy features include:
7. AI-Assisted Services (Lesson Planning)
7.1 Nature of AI Content
Phos provides AI-powered tools (via third-party providers like Google Gemini) to assist in generating lesson plans and educational content. You acknowledge that these are drafts only and are generated based on the inputs provided.
7.2 Teacher Responsibility
You agree that Human Oversight is mandatory. Teachers and school administrators are solely responsible for reviewing, editing, and verifying the safety, accuracy, and syllabus compliance (e.g., KSPK) of any AI-generated content before implementation in a classroom setting.
7.3 Limitation of Liability
SAFR+ is not liable for any pedagogical errors, factual inaccuracies, or safety issues arising from the use of AI-generated suggestions.
7.4 Data Privacy
We do not use student-identifiable data (faces or names) to train third-party AI models. Text-based prompts are processed securely to generate educational outlines only.
8. Subscription and Payment
8.1 Subscription Plans
Phos offers subscription plans for schools and organizations. Pricing, features, and billing terms are available on our website and in the app. We reserve the right to change pricing with 30 days' notice to existing subscribers.
8.2 Billing
Subscriptions are billed monthly or annually as selected. Payment is processed through secure third-party payment processors. You are responsible for providing accurate billing information.
8.3 Renewal and Cancellation
Subscriptions automatically renew unless cancelled at least 24 hours before the renewal date. You can cancel your subscription at any time through the app settings. Cancellation takes effect at the end of the current billing period.
8.4 Refunds
Refunds are provided at our discretion and in accordance with applicable laws. Generally, we do not provide refunds for partial billing periods unless required by law.
8.5 Free Trials
We may offer free trial periods. If you do not cancel before the trial ends, your subscription will automatically begin and you will be charged according to your selected plan.
9. Service Availability and Modifications
We strive to provide reliable service but cannot guarantee uninterrupted or error-free operation. The Service may be unavailable due to:
We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice for significant changes when possible.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.
11. Indemnification
You agree to indemnify, defend, and hold harmless SAFR+, its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of Malaysia, without regard to conflict of law principles.
12.2 Dispute Resolution Process
In the event of any dispute, you agree to first contact us to attempt to resolve the dispute informally. If we cannot resolve the dispute within 60 days, disputes will be resolved through binding arbitration in Malaysia, except where prohibited by law.
12.3 Class Action Waiver
You agree that disputes will be resolved individually and not as part of a class action, except where prohibited by law.
13. Changes to Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by:
Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and delete your account.
14. Termination
You may terminate your account at any time through the app settings. We may suspend or terminate your account immediately if you:
Upon termination, your right to use the Service will immediately cease. We will delete your data within 30 days of termination, except where we are required to retain it for legal purposes.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.
15.2 Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
15.3 Waiver
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
15.4 Assignment
You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms without restriction.
15.5 Contact Information
For questions about these Terms, please contact us at: • Email: legal@getphos.app • Support: support@getphos.app • Address: Phos by SAFR+, Malaysia
16. Third-Party Communications (WhatsApp & Notifications)
16.1 Automated Reminders
By enabling the "WhatsApp Billing Reminder" feature, the Organization represents that it has obtained express consent from parents/guardians to receive automated financial notifications via their registered mobile numbers.
16.2 API Usage
These communications are processed via third-party API providers (e.g., Meta/WhatsApp). SAFR+ is not responsible for delivery failures caused by carrier issues or incorrect contact information provided by the Organization.
17. RPN 2027 & Lifecycle Compliance
17.1 Realignment Policy
Phos is updated periodically to comply with Malaysian Ministry of Education (KPM) policies, including the 2027 realignment of primary school entry ages.
17.2 Data Retention
Following a student's "Mass Exit" or early graduation due to policy changes, SAFR+ will retain educational records for a period defined by our Privacy Policy to ensure audit compliance for the School, after which data may be archived or permanently deleted.
By using Phos, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.