Phenom Elevate Terms of Service

Last updated: September 10, 2026

1. Who these terms are between

Phenom Elevate is provided by Phenom Athletics LLC, a Utah limited liability company doing business as Phenom Elevate ("we," "us"). These terms govern use of the service.

Phenom Elevate is sold to organizations. If you are signing up on behalf of a company, you are the Customer, you represent that you have authority to bind that company, and you are agreeing to all of these terms.

If your employer invited you, you are an Authorized User. Sections 5 through 9 apply to you. Your employer is responsible for their subscription, their payment, and deciding who gets access.

2. The service

Phenom Elevate is a workplace human-performance application. There is one plan, and everything in the product is part of it: daily activities and challenges, an AI coach called Rep, progress tracking across performance pillars, and a leadership development program.

We may change, add, or remove features. If we remove something material, we'll give the Customer reasonable notice.

3. Subscriptions, pricing, and payment

Pricing is a flat fee for the whole team, set by the size of that team. The Customer chooses a band — a range of active users, such as 16 to 30 people — and pays one price for it. Nothing is charged per employee. Adding or removing people inside the band does not change the price, and there is no minimum number of users.

We do not move the Customer between bands on our own. If the number of active users grows past the band the Customer selected, we say so in the app; changing band is the Customer's decision and their action. Where that change is made from inside the app, the new price applies from the next invoice and nothing is charged or refunded at the time of the change. Where it is made through the Stripe billing portal instead, Stripe calculates any proration and shows it before the Customer confirms.

Teams above the largest self-serve band are priced by agreement rather than by band.

Payment is processed by Stripe. Subscriptions renew automatically at the end of each term until cancelled. Cancellation takes effect at the end of the current billing period, and fees already paid are not refunded except where required by law.

If payment fails, we may suspend access after reasonable notice.

Trials do not convert on their own. The 30-day trial offered at sign-up takes no card and creates no subscription: if the Customer chooses nothing before it ends, access simply pauses. A trial that begins as part of a paid subscription — where a payment method was given at checkout — does start billing at the end of the trial period unless it is cancelled first.

4. Customer responsibilities

The Customer is responsible for:

• Deciding which employees receive access, and confirming that participation is appropriate under the laws that apply to their employment
• Telling their employees that the company has provided Phenom Elevate and directing them to our Privacy Policy
• Keeping administrator credentials secure
• Not using the service to monitor, evaluate, or discipline employees

That last point is a condition of the service, not a suggestion. Phenom Elevate is deliberately built so that employers cannot see individual coaching sessions, financial information, or written reflections. Using engagement data — whether someone participates, their streak, their points — as an input to performance reviews, discipline, or employment decisions is a breach of these terms. Employers should also be aware that doing so may create obligations under employment and wellness-program laws we are not advising on.

5. Your account

Keep your password secure and don't share your account. Tell us at privacy@phenomelevate.com if you think someone else has access to it.

You can delete your account at any time from your profile page. What that removes and what it retains is described in our Privacy Policy.

Your access depends on your employer's subscription. If they cancel, or remove you, your access ends.

6. Acceptable use

Don't use Phenom Elevate to harass or harm others, upload unlawful or infringing content, break into or interfere with the service, scrape or extract data by automated means, resell or sublicense access, or attempt to identify other users from aggregate information.

We may suspend or remove access for a serious or repeated breach.

7. Rep is not a professional

Rep is an AI coach. It is software, and it is sometimes wrong.

Rep is not a therapist, counselor, physician, or licensed mental health professional. Nothing it says is medical or psychological advice, diagnosis, or treatment. If you're struggling with your mental health, please talk to a qualified professional. If you're in crisis, contact emergency services or a crisis line — in the US, call or text 988.

Rep is not a financial advisor. The Financial Performance program is educational. It is not investment, tax, legal, or financial advice, and it doesn't account for your particular circumstances. Talk to a licensed professional before making financial decisions.

Phenom Elevate does not diagnose, treat, or manage any medical or psychological condition, and it is not a substitute for professional care. You are responsible for decisions you make.

8. Your content and ours

Your content stays yours. You grant us a limited licence to store, process, and display it solely to provide the service to you. We do not sell it, and we do not use it to train AI models.

Phenom Elevate — the software, content, curriculum, and brand — belongs to us. The Customer gets a non-exclusive, non-transferable right to use it during their subscription. Nothing here transfers ownership.

Feedback you send us, we can use freely.

9. Warranties, liability, and indemnity

The service is provided "as is." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that it will produce any particular outcome.

We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data — even if we've been advised such damages are possible.

Our total liability for any claim arising out of these terms or the service is limited to the amount the Customer paid us in the twelve months before the claim arose.

Some jurisdictions don't allow these exclusions, so parts may not apply to you.

The Customer will indemnify us against claims arising from their use of the service in breach of these terms, including claims by their own employees relating to how the Customer selected participants or used engagement data.

10. Term and termination

These terms apply for as long as the Customer maintains a subscription or any Authorized User accesses the service.

The Customer may cancel at any time, effective at the end of the current billing period.

We may terminate or suspend for material breach of these terms, non-payment after reasonable notice, or use that creates legal risk or harms other users. Where practical, we'll give notice and a chance to fix the problem first.

On termination, access ends. The Customer may request an export of their company's data within 30 days, after which we may delete it. Sections 7, 8, 9, 12, and this section survive.

11. Changes to these terms

We may update these terms. For material changes affecting the Customer, we'll give at least 30 days' notice by email or in the application. Continuing to use the service after that means accepting the change. A Customer who doesn't accept may cancel before the change takes effect.

12. Governing law and disputes

These terms are governed by the laws of the State of Utah, without regard to conflict-of-laws rules. Any dispute will be brought exclusively in the state or federal courts located in Utah, and both parties consent to that jurisdiction.

Before filing anything, we each agree to try to resolve the dispute informally: send written notice to the other, and give 30 days to work it out.

13. General

These terms and our Privacy Policy are the entire agreement between us on this subject. If a provision is unenforceable, the rest stays in effect. Our failure to enforce something isn't a waiver of it. The Customer may not assign these terms without our consent; we may assign them in connection with a merger or sale of the business.

Nothing in these terms creates a partnership, employment, or agency relationship.

Contact

Phenom Athletics LLC (d/b/a Phenom Elevate)
support@phenomelevate.com