Terms of service
1. Who you are contracting with
These terms form an agreement between you and FIVE TECH SOLUTIONS LLC, 34745 56th Ave S, Auburn, WA 98001-5003, United States. By installing or using the Phantom app you accept them. If you do not accept them, do not use the app.
2. What Phantom is — and is not
Phantom is software that lets you generate and use self-custody crypto-asset wallets on your own device. Your private keys are created on your device, remain on your device, and are never transmitted to us. We never take possession or control of your crypto-assets at any point.
Phantom is not a bank, a custodian, a broker, an exchange, a money transmitter, an investment adviser or a portfolio manager. We do not hold client assets, execute orders, or transmit funds on anyone's behalf, and we are not registered with any financial supervisory authority.
3. Your keys and your responsibility
You alone control your recovery phrase and private keys. We do not hold copies. If you lose your recovery phrase, or disclose it to anyone, the assets controlled by it are permanently and irrecoverably lost. No support process, identity check or court order can restore them.
You are responsible for:
- Storing your recovery phrase securely and offline.
- Verifying every recipient address before you confirm a transfer. Blockchain transactions cannot be reversed.
- Keeping your device and its operating system up to date.
- Any tax arising from your activity.
4. Risk
Crypto-assets are highly volatile. Their value can fall to zero. Network congestion can delay transfers or make them expensive. Smart contracts you interact with through the app are written by third parties and may contain defects or be malicious. Regulatory changes may restrict your ability to use the app or your assets.
Nothing in the app or on our website is investment, legal or tax advice, or a recommendation to acquire or dispose of any asset.
5. Fees
The app is free to download and use. We charge no fee for holding, sending or receiving crypto-assets. Network fees for transactions go to the respective blockchain, not to us, and are displayed before you sign. Where the app routes a swap through a third-party provider, that provider's rate and any fee are shown before you confirm.
6. Acceptable use
You may not use Phantom to launder money, finance terrorism, evade sanctions, or commit any other offence. You confirm that you are not subject to sanctions under applicable law, including the sanctions programs of the United States (OFAC), the European Union and the United Nations.
7. Third-party services
The app connects to blockchain node infrastructure, price data feeds and third-party swap providers. Those services have their own terms and we are not responsible for their availability, pricing or conduct.
8. Availability and portability
We aim to keep the app working but do not guarantee uninterrupted availability, and we may modify or discontinue features. Because your wallet follows the BIP-39 recovery standard, your keys are not tied to us: even if Phantom ceased to exist entirely, you could restore your wallet in any compatible wallet using your recovery phrase.
9. Liability
We are liable without limitation for damage caused intentionally or by gross negligence, and for injury to life, body or health. For slight negligence we are liable only for breach of obligations essential to the contract, and limited to the damage typical and foreseeable for software of this kind. To the extent permitted by applicable law, any further liability is excluded. Mandatory statutory rights that your local law grants you as a consumer — including mandatory warranty rights — remain unaffected by this section.
For clarity: we are not liable for losses caused by you losing or disclosing your recovery phrase, by transactions you signed, by the conduct of blockchains or third-party services, or by changes in the value of crypto-assets.
10. Paid services and withdrawal
The app currently offers no paid services. Should paid features be introduced, EU consumers will receive the statutory withdrawal instructions at the point of purchase.
11. Changes to these terms
We may amend these terms. Material changes take effect 30 days after we announce them in the app. If you do not accept them, stop using the app; your keys and assets remain yours regardless (see section 8).
12. Governing law and jurisdiction
These terms are governed by the law of the State of Washington, USA, excluding its conflict-of-law rules. If you are a consumer in the European Union, the mandatory consumer protections of your country of residence remain applicable, and you may bring proceedings at your own domicile.
13. Dispute resolution
The European Commission provides a platform for online dispute resolution: ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.