Logo PhantomLogo Phantom

Terms of Service

Effective Date: February 24, 2026

OVERVIEW

Welcome to Phantom Store! Phantom Technologies, Inc. (“Phantom,” “we,” “us,” “our,” “ours” and similar variants) owns this store and website to provide you, the customer, along with a curated shopping experience (the “Services”). Phantom Store is powered by our third-party partners Shopify and Gemnote, which enable us to provide the Services to you.

If the user engages with the Website under authority from a different party or on another party’s behalf, then “you” (and its variants, including “your” and “yours”) as used herein refers to that person on whose behalf the Services are used (e.g., an employer).  If the person engaging with our Services is an individual, acting in their own individual capacity, then “you” refers to that individual.  If you have anyone using the Services on your behalf, you agree that you are responsible for the actions and inactions of all such persons as if they were your own. 

The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Phantom Store Privacy Policy found at https://store.phantom.com/policies/privacy-policy (the “Privacy Policy”), which is hereby incorporated into these Terms by this reference. If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access our Services.

These Terms of Service apply solely to the Phantom Store and the Services described herein. These Terms of Service do not apply to the Phantom mobile applications and browser extensions, including their functionalities found at https://phantom.com or https://phantom.app, which are governed by separate terms and policies available at https://phantom.com/terms and https://phantom.com/privacy.

1. ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, country or province of residence and have the legal ability to form a binding contract with us.

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information to either of us or our third-party partners. Payment card information is collected and processed directly by Shopify and is not stored or retained by Phantom. You represent and warrant that all the information you provide on the Services is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

You are responsible for:

  • Making all arrangements necessary for you to have access to the Services.
  • Ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

2. OUR PRODUCTS

We use reasonable efforts to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis. 


3. ORDERS

When you place an order, you are making an offer to purchase. Each of Phantom, Shopify and Gemnote reserves the right to accept or decline your order for any reason at such party’s discretion. Your order is not accepted until Phantom confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to, but do not guarantee that we will, notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy below. All returns and exchanges are processed and fulfilled by our third-party logistics partner Gemnote.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our Services may be different from prices offered in physical stores or in other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we, together with Shopify, can complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide through Shopify’s payment processing system is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company or funded by your wallet, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any. Payment card details are collected and processed directly by Shopify. Solana Pay transactions are processed on the Solana blockchain and are subject to network fees and confirmation times outside of our control. Phantom is not responsible for failed, delayed or misdirected Solana Pay transactions resulting from user error, network congestion, or blockchain-related issues.

Freight charges for orders placed on the Services will be calculated and charged based upon the total order size and the shipping address provided. The freight charge for the entire order will be included on the charges for the initial shipment. Any subsequent shipments of backordered items will not include freight charges.

5. SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Order fulfillment, shipping, returns, and exchanges are handled by our third-party logistics partner, Gemnote. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once products are transferred to the carrier, title and risk of loss passes to you.

6. RETURNS

We only accept returns from US customers. International orders are not eligible for return.

All returns must have prior authorization from Phantom and must be requested within 30 days of purchase. You will be responsible for the shipping costs of any products returned without prior authorization. All products returned are subject to a minimum 15% restocking fee. You will be responsible for all transportation fees on returns not due to Phantom error.

Products generally not subject to return include:

  • Items not purchased from Phantom.
  • Products not in original packaging, including products with damaged, missing or defaced labeling and packaging. All original manuals, instructions, warnings and warranties must be included.
  • Items purchased on a “special order” basis.
  • Discontinued products.
  • Products which are not inventoried by Phantom and are not able to be returned to the manufacturer.

7. PRODUCT WARRANTY

Phantom carries products from a variety of manufacturers chosen on the basis of Phantom’s belief that their products meet our standards. Statements made on our Services regarding these product specifications, standards, manufacturer warranties and suitability for a particular use are made to the best of our knowledge only, and the terms of such warranties offered by the manufacturers, if any, will be made available to you without recourse against us.  You understand and agree that we have not verified, nor do we have an obligation to verify, any information provided by the manufacturers, nor confirmed whether the products meet the specifications of the products they apply to. 

Manufacturer specifications and product availability are subject to change; therefore, delivered products may sometimes vary from those depicted on the Services.

THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, WHETHER ORAL, WRITTEN OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE.

EXCEPT AS OTHERWISE SPECIFICALLY STATED HEREIN, THE LIMITS ON LIABILITY SET FORTH IN THE TERMS SHALL APPLY TO ALL PURCHASES MADE ON THE SERVICES.

8. INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, and all the Services’ contents, features and functionality, are owned by Phantom, its affiliates or licensors, and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Phantom Technologies, Inc., Shopify, Gemnote or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Phantom Technologies, Inc.

Phantom’s names, logos, product and service names, designs, and slogans are trademarks of Phantom Technologies, Inc. or its affiliates or licensors. You must not use such trademarks without the prior written permission of Phantom Technologies, Inc. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. Gemnote’s name, logo, product and service names, designs and slogans are trademarks of Gemnote. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Services as viewed in your browser without technical assistance for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

You must not:

  • Modify copies of any materials from the Services.
  • Use any illustrations, photographs, video or audio sequences, or any graphics on the Services for your own uses.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.

You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms, or otherwise breach these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Phantom. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may also violate copyright, trademark, and other laws.

9. OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

10. THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites or materials provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

11. RELATIONSHIP WITH SHOPIFY

The Services are powered by Shopify. However, any sales and purchases you make are made directly with Phantom. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Phantom, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Phantom.

12. PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at https://store.phantom.com/policies/privacy-policy, and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our Privacy Policy for more details on how we, Shopify, Gemnote, and our partners use your personal information.

13. FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.

14. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).

15. PROHIBITED USES

You may access and use the Services for lawful purposes only.

You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
  • To impersonate or attempt to impersonate Phantom, a Phantom employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Phantom or users of the Services or expose them to liability.

Additionally, you agree not to:

  • Use the Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party’s use of the Services, including their ability to engage in real time activities through the Services.
  • Use any content available on or via the Services, any portion thereof, or any output generated, for training any machine learning or artificial intelligence tool, software or platform.
  • Use any content available on or via the Services, any portion thereof, or any output generated, for the purpose of identifying a specific individual or extracting personal information.
  • Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.
  • Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.
  • Copy, mirror or otherwise attempt to replicate or reproduce the Services or any part thereof.
  • Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Services.

We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.

16. MONITORING 

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS PHANTOM AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE LICENSEES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS (COLLECTIVELY, THE “PHANTOM INDEMNIFIED PARTIES”) FROM AND AGAINST ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE PHANTOM INDEMNIFIED PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on the Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

17. TERMINATION

We may terminate this agreement (i.e., these Terms) or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

All portions of these Terms that by their terms apply after such termination shall continue to apply, including sections pertaining to limitations on liability, representations and warranties, disclaimers of warranties, indemnity and hold harmless clauses.

18. DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY PHANTOM, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE’, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND WE HEREBY WAIVE AND DISCLAIM ALL WARRANTIES NOT SPECIFICALLY SET FORTH HEREIN, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

19. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL PHANTOM, OR THE PHANTOM INDEMNIFIED PARTIES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.  IN ANY EVENT, THE PHANTOM INDEMNIFIED PARTIES’ AGGREGATE LIABILITY HEREUNDER FOR OTHER DAMAGES SHALL NOT EXCEED US$100.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. MANDATORY ARBITRATION

PLEASE READ THIS “MANDATORY ARBITRATION” PROVISION VERY CAREFULLY. IT LIMITS YOUR RIGHTS IN THE EVENT OF A DISPUTE BETWEEN YOU AND PHANTOM, SUBJECT TO THE TERMS AND OPT-OUT OPTION SET FORTH BELOW.

You and Phantom agree that any and all past, present and future disputes, claims, or causes of action arising out of or relating to your use of any of the Phantom Store, these Terms of Service, the Services, or any other controversies or disputes between you and Phantom (including, without limitation, disputes regarding the effectiveness, scope, validity or enforceability of this agreement to arbitrate) (collectively, “Dispute(s)”), shall be determined by arbitration, unless (A) your Country of Residence does not allow this arbitration agreement; (B) you opt out as provided below; or (C) your Dispute is subject to an exception to this agreement to arbitrate set forth below. You and Phantom further agree that any arbitration pursuant to this Section shall not proceed as a class, group or representative action.

“Country of Residence” for purposes of this agreement to arbitrate means the country in which you hold citizenship or legal permanent residence, as well as any country from which you regularly access and use the Phantom Store. If more than one country meets that definition for you, then your country of citizenship or legal permanent residence shall be your Country of Residence, and if you have more than one country of citizenship or legal permanent residence, it shall be the country with which you most closely are associated by permanent or most frequent residence.

Phantom Technologies, Inc. wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Phantom, you agree to try to resolve the Dispute informally by contacting Phantom at legal@phantom.com to notify Phantom of the actual or potential Dispute. Similarly, Phantom will undertake reasonable efforts to contact you to notify you of any actual or potential dispute to resolve any claim we may possess informally before taking any formal action. The party that provides the notice of the actual or potential Dispute (the “Notifying Party”) will include in that notice (a “Notice of Dispute”) the name of User, the Notifying Party’s contact information for any communications relating to such Dispute (including for the Notifying Party’s legal counsel if it is represented by counsel in connection with such Dispute), and a detailed factual statement setting forth the basis of such Dispute, including specific dates, times, and circumstances to enable the other party (the “Notified Party”) to understand the basis of and evaluate the concerns raised.

If the Notified Party responds within fifteen (15) business days after receiving the Notice of Dispute that it is ready and willing to engage in good faith discussions in an effort to resolve the Dispute informally, then each party shall promptly participate in such discussions in good faith.

If, notwithstanding the Notifying Party’s compliance with all of its obligations under the preceding paragraph, a Dispute is not resolved within 60 days after the Notice of Dispute is sent (or if the Notified Party fails to respond to the Notice of Dispute within fifteen (15) business days), the Notifying Party may initiate an arbitration proceeding as described below. If either party purports to initiate arbitration without first providing a Notice of Dispute and otherwise complying with all of its obligations under the preceding paragraph, then, notwithstanding any other provision of this Agreement, the arbitrator(s) will promptly dismiss the claim with prejudice.

We both agree to arbitrate (unless you opt out as described below). You and Phantom each agree to resolve any Disputes that are not resolved informally as described above through final and binding arbitration as discussed herein, except as set forth below.

If you do not wish to be subject to this agreement to arbitrate, you may opt out of this arbitration provision by sending a written notice to Phantom at legal@phantom.com within thirty (30) days of first accepting this Agreement. You must date the written notice, and include your first and last name, address, and a clear statement that you do not wish to resolve disputes with Phantom through arbitration. If no written notice is submitted by the 30-day deadline, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except with regard to the exceptions set forth below. By opting out of the agreement to arbitrate, you will not be precluded from using the Phantom Store, but you and Phantom will not be permitted to invoke the mutual agreement to arbitrate to resolve Disputes under the terms otherwise provided herein.

You and Phantom agree JAMS will administer the arbitration under its Comprehensive Arbitration Rules and Procedures (“JAMS Rules”). The JAMS Rules are available at https://www.jamsadr.com/adr-rules-procedures/. Arbitration will proceed on an individual basis and will be handled by a sole arbitrator. The single arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the JAMS’s roster of arbitrators. Judgment on the Award may be entered in any court having jurisdiction. You and Phantom agree that if JAMS is unable or unwilling to administer the arbitration, then National Arbitration and Mediation (“NAM”) will administer the arbitration under NAM’s Comprehensive Dispute Resolution Rules and Procedures (“NAM Rules”). The NAM Rules are available at https://www.namadr.com/resources/rules-fees-forms/. You and Phantom agree that if JAMS and NAM are both unable or unwilling to administer the arbitration, and You and Phantom are unable to agree on an alternative provider, then either You or Phantom may apply to a court of competent jurisdiction in California to appoint an alternative arbitration provider to administer the arbitration.

The arbitrator shall be authorized to award any remedies, including injunctive relief, that would be available to you hereunder in an individual lawsuit. Notwithstanding any language to the contrary in this paragraph or the preceding paragraph, if a party seeks injunctive relief that would significantly impact other Phantom users as reasonably determined by either party, the parties agree that such arbitration will proceed on an individual basis but will be handled by a panel of three (3) arbitrators. Each party shall select one arbitrator, and the two party-selected arbitrators shall select the third, who shall serve as chair of the arbitral panel. That chairperson shall be a retired judge or an attorney licensed to practice law and with experience arbitrating or mediating disputes. In the event of disagreement as to whether the threshold for a three-arbitrator panel has been met, the sole arbitrator appointed in accordance with this Section shall make that determination. If the arbitrator determines a three-person panel is appropriate, the arbitrator may – if selected by either party or as the chair by the two party-selected arbitrators – participate in the arbitral panel. Except as and to the extent otherwise may be required by law, the arbitration proceeding and any award shall be confidential.

You and Phantom further agree that the arbitration hearing will be held in the English language via videoconference, telephonically or via other remote electronic means, unless You and Phantom agree otherwise. In the event that neither you nor Phantom seek more than three hundred and fifty thousand dollars ($350,000) in damages (or an equivalent amount in cryptocurrency, as measured on CoinMarketCap.com on the date that the alleged damages occurred), you and Phantom agree to waive the arbitration hearing and submit the dispute to the arbitrator for an award based on written submissions and other evidence as you and Phantom may agree. If Phantom elects arbitration, Phantom shall pay all of the JAMS filing costs and administrative fees (other than hearing fees). If you elect arbitration, filing costs and administrative fees (other than hearing fees) shall be paid in accordance with the JAMS Rules, or in accordance with countervailing law if contrary to the JAMS Rules. In such circumstances, fees will be determined in accordance with the JAMS Rules. Each party shall bear the expense of its own attorneys’ fees, except as otherwise provided herein or required by law.

You and Phantom agree that the arbitration of any Dispute shall proceed on an individual basis, and neither you nor Phantom may bring a claim as a part of a class, group, collective, coordinated, or consolidated arbitration (each, a “Collective Arbitration”). Without limiting the generality of the foregoing, a claim to resolve any Dispute against Phantom will be deemed a Collective Arbitration if (i) two (2) or more similar claims for arbitration are filed concurrently by or on behalf of one or more claimants; and (ii) claimants or their counsel share fees or coordinate across the arbitrations. “Concurrently” for purposes of this provision means that both arbitrations are pending (filed but not yet resolved) at the same time.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YOU NOR PHANTOM SHALL BE ENTITLED TO CONSOLIDATE, JOIN OR COORDINATE DISPUTES BY OR AGAINST OTHER INDIVIDUALS OR ENTITIES, OR ARBITRATE OR LITIGATE ANY DISPUTE IN A REPRESENTATIVE CAPACITY, INCLUDING AS A REPRESENTATIVE MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. IN CONNECTION WITH ANY DISPUTE (AS DEFINED ABOVE), ANY AND ALL SUCH RIGHTS ARE HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVED. Without limiting the foregoing, any challenge to the validity of this paragraph shall be determined exclusively by the arbitrator.

You and Phantom elect the JAMS Mass Arbitration Procedures and Guidelines (“JAMS Mass Rules”), available at https://www.jamsadr.com/mass-arbitration-procedures, for twenty-five (25) or more similar Demands for Arbitration filed against Phantom by individual claimants represented by either the same law firm or law firms acting in coordination. In the event that the JAMS Mass Rules apply, then JAMS shall administer the Demands for Arbitration in batches, with a single, different arbitrator for each batch. Each batch shall be resolved as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, with one schedule and one hearing. If there are twenty-five (25) or more but fewer than one hundred (100) arbitrations, then there will be twenty-five (25) arbitrations per batch. If there are one hundred (100) or more arbitrations, then there will be one hundred (100) arbitrations per batch. JAMS shall designate a Process Administrator to administer the batches, including the composition thereof.

Notwithstanding your and Phantom’s agreement to arbitrate Disputes, either you or Phantom retain the right (A) to adjudicate the Dispute pursuant to the California Small Claims Act if the Dispute may be adjudicated pursuant to such act; and (B) to seek provisional relief in aid of arbitration in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Further, this agreement to arbitrate does not deprive you of the protection of the mandatory provisions of the consumer protection laws in your Country of Residence; you shall retain any such rights and this agreement to arbitrate shall be construed accordingly.

Except as otherwise required by applicable law or provided in this Agreement, in the event that the agreement to arbitrate is found not to apply to you or your Dispute, you and Phantom agree that any judicial proceeding may only be brought in a court of competent jurisdiction in California, United States. Both you and Phantom consent to venue and personal jurisdiction there; provided that either party may seek provisional relief in aid of arbitration to enforce its intellectual property rights as provided above or bring an action to confirm an arbitral award in any court having jurisdiction.

This agreement to arbitrate shall survive the termination or expiration of this Agreement. With the exception of the provisions of this agreement to arbitrate that prohibit Collective Arbitration, if a court decides that any part of this agreement to arbitrate is invalid or unenforceable, then the remaining portions of this agreement to arbitrate shall nevertheless remain valid and in force. In the event that a court finds the prohibition of Collective Arbitration to be invalid or unenforceable, then the entirety of this agreement to arbitrate shall be deemed void (but no provisions of this Agreement unrelated to arbitration shall be void), and any remaining Dispute must be litigated in court pursuant to the preceding paragraph.

21. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Phantom Indemnified Parties from and against any losses, damages, liabilities or claims, including reasonable attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.

22. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

23. WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

24. ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

25. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state laws of in California; provided that all provisions hereof related to arbitration shall be governed by and construed in accordance with the Federal Arbitration Act (U.S. Code Title 9). You and Phantom consent to venue and personal jurisdiction in such courts.

26. HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

27. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

28. CONTACT INFORMATION

Questions about Phantom Store should be sent to phantom@gemnote.com. For commonly asked questions, please visit our FAQ page at https://store.phantom.com/pages/faq.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.