Terms of Service
1. Acceptance of terms
These Terms of Service ("Terms") constitute a binding agreement between Phoresight LLC ("Phoresight," "we," "us") and the entity or individual accessing or using the Phoresight platform ("Subscriber" or "you"). By creating an account or using the Service, you agree to these Terms in full.
2. Description of service
Phoresight is an AI-powered accounts receivable and collections intelligence platform. The Service allows subscribers to manage client invoices, automate multi-channel payment reminders including email and SMS, generate AI-driven collections recommendations, and track payment status and recovery outcomes.
3. Subscriber accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must provide accurate information at registration and keep it updated. You may not share your account with third parties.
4. SMS messaging — subscriber obligations
The Service sends SMS messages to your clients on your behalf using a dedicated short code. By enabling SMS features, you represent and warrant that:
You have obtained prior express written consent from each client before adding their mobile phone number to the Phoresight platform for SMS outreach.
Each client has been informed that they may receive invoice-related SMS messages from your business via Phoresight.
You will not add phone numbers belonging to individuals who have previously opted out of SMS communications from you.
All client data you provide is lawfully obtained and accurate.
Message frequency varies per client based on invoice activity. Message and data rates may apply. Clients may opt out at any time by replying STOP. Clients may request help by replying HELP.
You acknowledge that Phoresight sends SMS messages as a technology platform on your behalf. You bear full legal responsibility for ensuring that your consent practices comply with the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA guidelines, and all other applicable laws.
5. Opt-out compliance
The Service automatically processes opt-out requests. When a client replies STOP:
- The client is immediately unsubscribed from further SMS messages
- A confirmation message is sent to the client
- The opt-out is logged and the client record is flagged in the platform
You must not attempt to override, circumvent, or re-enroll opted-out clients without obtaining a new, affirmative opt-in in compliance with applicable law.
6. Acceptable use
You may not use the Service to:
- Send spam, unsolicited communications, or messages to individuals who have not consented
- Harass, threaten, or engage in abusive communications
- Violate any applicable law, including the TCPA, FDCPA, or state debt collection statutes
- Transmit false or misleading information
- Attempt to gain unauthorized access to any part of the platform
7. Subscription, billing, and revenue share
Phoresight offers subscription-based and revenue-share billing plans. Subscription fees are billed monthly in advance. Revenue share fees are calculated as a percentage of each recovered invoice amount per the applicable plan rate. All fees are processed through Stripe. By subscribing, you authorize Phoresight to charge your payment method on file.
Phoresight reserves the right to modify pricing with 30 days notice. Failure to pay may result in suspension or termination of your account.
8. Data and privacy
Your use of the Service is subject to Phoresight's Privacy Policy, incorporated herein by reference. You grant Phoresight a limited license to process client data you upload solely for the purpose of providing the Service. You represent that you have all necessary rights and permissions to provide such data to Phoresight.
9. Intellectual property
Phoresight and all associated software, content, and trademarks are the property of Phoresight LLC. You are granted a limited, non-exclusive, non-transferable license to use the Service during your subscription term. You may not copy, modify, or reverse-engineer any part of the platform.
10. Disclaimer of warranties
11. Limitation of liability
12. Indemnification
You agree to indemnify and hold harmless Phoresight LLC and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) any claim by a client arising from SMS messages sent on your behalf.
13. Termination
Either party may terminate these Terms at any time with written notice. Phoresight may suspend or terminate your account immediately for material breach of these Terms, non-payment, or violation of applicable law. Upon termination, your access to the platform ceases. Sections 8 through 12 survive termination.
14. Governing law
These Terms shall be governed by the laws of the Commonwealth of Massachusetts, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Suffolk County, Massachusetts.
15. Changes to these terms
Phoresight may update these Terms from time to time. We will notify subscribers of material changes 30 days in advance via email. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.