Terms of Service

1. Agreement

These terms govern your use of phersa.com, app.phersa.com and the Phersa MCP server (the "Service"), provided by Phersa ("we", "us"). By creating an account or using the Service you accept these terms and the Privacy Policy. If you use the Service for an organization, you accept them for that organization. You must be 18 or older.

2. Your account

Give accurate information, keep your sign-in secure, and don't share your account. One account is for one person. You are responsible for all activity on your account, including by AI agents you connect. Tell us promptly at support@phersa.com if you suspect unauthorized use.

3. Subscription and payment

• The Service requires a paid subscription. The price, billing period and any taxes are shown before you pay.
• Phersa sells the subscription. Whop Inc. processes the payment and appears on your card statement; the Whop Buyer Terms apply to the payment itself.
• YOUR SUBSCRIPTION RENEWS AUTOMATICALLY AT THE END OF EACH BILLING PERIOD, AND YOUR PAYMENT METHOD IS CHARGED THE THEN-CURRENT PRICE, UNTIL YOU CANCEL.
• Cancel any time in your account settings, or in your Whop account under Orders. Cancellation takes effect at the end of the current paid period; you keep access until then and are not charged again.
• Refunds: we don't refund the rest of a period you already started, except for duplicate or mistaken charges, a price increase you did not agree to (cancel within 14 days of the charge), or where these terms or the law say so. We refund unused days in those cases. Ask at support@phersa.com.
• EU, EEA and UK consumers can withdraw within 14 days of first subscribing, or of buying an add-on, without giving a reason, by emailing us. By subscribing or buying an add-on, you ask us to start it immediately, so we refund what you paid minus what you used: the days you had access, or for a DM pack, the DMs sent from it.
• Add-ons: extra connected-account slots are subscriptions of their own. They renew every billing period until you cancel them in the app, and the extra slots last until the end of the paid period. They also end with your subscription: cancelling your subscription sets them to end on the same date, resuming it resumes them, and if your subscription ends they end with it. A DM pack is a one-time purchase: its DMs are used after the ones your plan includes, carry over from period to period, and end when you delete your account. The refund and withdrawal rules above apply to an extra account too. For a DM pack, within 14 days of buying it we refund the DMs you haven't used; DMs already sent, and packs bought more than 14 days ago, aren't refunded unless the law says so. A refunded add-on ends: its account slot ends straight away, and refunded DMs leave your balance.
• Price changes are announced in the app and by email at least 30 days ahead and apply from your next renewal. If you don't agree, cancel before then.
• If a payment fails, access pauses until it succeeds; Whop may keep retrying your payment method. If you dispute a charge with your bank, access pauses while the dispute is open. Your content is kept either way.

4. Your provider keys

• Generation uses API keys you connect for third-party AI providers. You hold your own account with each provider, pay it directly, and its terms and usage policies apply to your requests and outputs.
• Prices shown in the app are based on each provider's published rates. The provider's actual charge may differ, and you are responsible for all provider charges, including those from requests your agent starts. We can't refund them.
• We store your keys encrypted and use them only for requests you or your agent start. We are not responsible for a provider's outputs, outages, pricing or decisions about your account with it. Providers may filter, refuse or change a request and still charge for it.
• Keep your keys secure and rotate any key you think is exposed.

5. AI agents

You can connect an AI agent to your account (for example over MCP). The agent acts for you: you are responsible for what it does, including spending on your provider accounts. Agent generation jobs default to a plan that spends nothing; an agent you authorize can confirm spending for you. You can revoke an agent's access at any time. Don't share access tokens, get around limits or paid access, or use an agent to copy the video library in bulk.

6. Your content

• "Your content" means what you upload, paste or write, and the outputs generated for you. You own it. To the extent we have any rights in your outputs, we assign them to you.
• You give us a worldwide, non-exclusive, royalty-free license to host, process and display your content to you, and to send it to the providers you choose, only to run, secure and support the Service. This license ends when you delete the content or your account, apart from backup copies until they roll off and anything we must keep by law.
• We don't use your content to train AI models, and we don't use it in marketing without your permission.
• AI outputs can be inaccurate or unexpected, and may not be protected by copyright. Other users may get similar outputs; your ownership covers yours, not theirs.
• Check every output before you publish or rely on it; you are responsible for what you publish. Keep your own copies of anything you need.

7. Personas, faces and voices

• Upload only a photo of yourself, or of a person who has given you written consent to create and publish AI content with their likeness. The same applies to voices. Keep that consent and provide it if we ask.
• Don't create personas of public figures, celebrities or private individuals without their consent, and never of anyone under 18.
• Don't have a persona give a review or testimonial, or claim to have used a product, in a way that suggests it is a real person or customer. Label persona endorsements as AI-generated and disclose any paid relationship.
• Don't use a real person's likeness in political or election content, or to suggest they have a medical condition or hold views they don't.

8. Acceptable use

Don't use the Service to:

• create sexual or nude content of anyone, or any content that sexualizes minors, real or synthetic;
• make it appear that a real person said or did something they did not, or deceive people about news, elections or public issues;
• publish realistic AI-generated people, voices or scenes, including in ads, without an AI label where the law or the platform requires one, or remove or falsify such labels or provenance marks;
• use outputs or library data to make decisions about a person, such as hiring, credit or housing;
• harass, threaten, defame, or expose the personal information of anyone, including creators whose posts appear in the Service;
• infringe copyright, trademarks, privacy or publicity rights, including reposting other people's videos without the right to do so;
• promote hate or violence, or make false or unlawful advertising, earnings, health or financial claims, or hide paid endorsements;
• break a provider's usage policy or a social platform's terms;
• scrape, bulk-download, reverse engineer, resell or share access to the Service, overload or probe its security, or use it or its data to build a competing product or train AI models.

9. Reports and moderation

• Report illegal content or content that breaks these terms by emailing support@phersa.com with the link or location, why it is illegal or breaks these terms, and your name and email. Reports of sexual imagery shared without consent, or involving minors, are handled first.
• How we moderate: we act on reports and on automated abuse and rate-limit signals. Decisions to remove content or close an account for a breach are made or checked by a person, except in urgent cases.
• If we act on your content or account, we tell you what we did and why. You can contest the decision by replying; we review it again, not by automated means alone. You can also go to court.
• Point of contact for users and authorities, including EU authorities: support@phersa.com, in English.

10. Video library and videos you add

• The video library shows public posts by third-party creators, who own them. It is for research and inspiration: studying hooks, structure and topics. Seeing a video in Phersa gives you no right to reuse its footage, audio, likeness or brand. You are responsible for making sure what you create and publish is your own and lawful.
• Views, engagement, transcripts and breakdowns come from public sources and automated analysis. They can be incomplete, delayed or wrong, and they are not professional, financial or legal advice. Posts can be added or removed at any time.
• Add only public accounts, and only videos you are allowed to use. Changes by social media platforms can interrupt these features; that alone is not grounds for a refund.
• Phersa is not affiliated with or endorsed by any social media platform. Their names and trademarks belong to their owners.

11. Connected accounts and automations

• You can connect Instagram professional accounts and Facebook Pages that you own or manage, so the Service sends a direct message, and optionally a public reply, to people who comment a keyword you choose, and hides comments that contain words you choose. You approve the connection on Instagram's or Facebook's own screen, and you can remove an account at any time in the app or in Instagram or Facebook.
• Your plan includes 2 connected accounts and 25,000 DMs per billing period. Included DMs that you don't use don't carry over. Replies to comments and hidden comments are not counted. When no DMs are left, your automations pause until the next period starts or you add a DM pack.
• Automations message only people who commented your keyword, or sent it to you by DM where you turned that on, with one DM per comment, within the limits Instagram and Facebook set. Instagram, Facebook or our messaging provider may limit, delay or block messages, or disconnect an account; reconnect it to resume. That alone is not grounds for a refund.
• You are responsible for the messages and replies you set up. They must follow Instagram's and Facebook's terms and policies, the law (including advertising, consumer protection and anti-spam rules) and section 8.
• If your subscription ends, or you have more accounts connected than your plan and add-ons include, the affected automations pause straight away and those accounts are disconnected after 7 days.

12. Copyright notices

To report content in the Service that infringes your copyright, email support@phersa.com with: the copyrighted work; the link to the material in Phersa; your name, address, phone and email; a statement that you believe in good faith the use is not authorized by the owner, its agent or the law; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature.

If your content is removed, you can send a counter-notice with: the removed material and where it appeared; a statement, under penalty of perjury, that you believe it was removed by mistake or misidentification; your name, address and phone; your consent to the jurisdiction of the federal district court for your address (or, outside the US, any district where we can be found) and to accept service from the person who reported it; and your signature. We close the accounts of repeat infringers. If we tell you an output of yours is the subject of a valid notice, remove it and don't recreate it.

Privacy, likeness and other rights complaints go through Reports and moderation.

13. The Service

• We own the Service, including its software, design, the video library as a collection, and our analysis. While your subscription is active and you follow these terms, you have a personal, non-transferable right to use it.
• We may use feedback you send without obligation to you.
• We change the Service over time. Features marked beta or preview are provided as is and may change or end. If a change materially reduces the Service for you, you may cancel within 30 days and we refund the unused days.
• We don't guarantee that the Service is always available or error-free.

14. Ending the agreement

• If your subscription ends, your account is locked but your content is kept. Resubscribe to pick up where you left off, or email us to export or delete it.
• You can delete your account in your account settings, or by email. Deletion cancels your subscription and permanently deletes your content, so export anything you want to keep first.
• We may suspend or close your account for a breach of these terms, non-payment, legal risk, or to prevent harm. We give notice first, except for non-payment, illegal content or serious breaches. If we close your account without cause, we refund the unused days.
• Sections 6 (ownership), 12, 15, 16, 17 and 18 survive the end of the agreement.

15. Disclaimers

THE SERVICE, THE VIDEO LIBRARY AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY. WE DON'T PROMISE THAT ANY CONTENT YOU MAKE WILL REACH AN AUDIENCE, GAIN VIEWS OR EARN MONEY.

If you are a consumer, you keep your statutory rights, including, in the EU and UK, your rights when a digital service is not as described or not fit for purpose.

16. Limitation of liability

TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, OR FOR CHARGES FROM YOUR PROVIDERS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AND US$100.

Nothing in these terms limits liability that cannot be limited by law, such as for fraud, or death or personal injury caused by negligence, or your statutory rights as a consumer.

17. Indemnity

You will defend and compensate us against third-party claims arising from your content, your personas, your use of the Service in breach of these terms or the law, or your agent's actions, except to the extent a claim is caused by our own breach. We will tell you about the claim promptly and let you control its defense; you won't settle it in a way that admits fault on our behalf without our consent. For consumers, this applies only as far as the law allows.

18. Disputes

If you have a problem, email us first. If a dispute isn't resolved within 30 days, either of us can take it to court. To the extent the law allows, a claim must be brought within one year after it arose. Consumers keep the protection of the mandatory laws of the country where they live, including any longer time limits, and can bring claims in their local courts.

19. Changes to these terms

We tell you about material changes in the app and by email at least 30 days before they take effect. If you don't agree, cancel within 30 days of the notice and we refund the unused days. Other changes take effect when posted here.

20. General

You may not use the Service if you are in a country, or on a list of persons, subject to US, EU or UK sanctions, or to export content or data in breach of export laws. These documents are the whole agreement between us about the Service. If a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver. You may not transfer these terms; we may transfer them to a successor in a merger, acquisition or sale of assets. Neither of us is liable for delays caused by events beyond reasonable control. We send notices to your account email; send yours to support@phersa.com.