Account Terms

1. Your agreement with us

These Account Terms are an agreement between you, as an individual, and Pharen, a trade name of Lucubra LLC, a Washington (USA) limited liability company (“Pharen,” “we,” “us”). They govern your account and what you do with it. Your “individual account” is the account you open for yourself under these terms. It is not an account you reach through an organization’s invitation or through a company’s sign-in service. Such an account is governed by the terms offered with the invitation, or by the agreement of the organization it belongs to.

You accept them by selecting the checkbox that offers them when you set up your account and then completing that step. We keep a record of the version you accepted, the words you agreed to, and when. You confirm that you are at least 18 years old and that you are using the account in your work or business, to evaluate Pharen.

The Privacy Notice explains how we handle your personal data. It is information for you, not part of what you agree to.

2. What the account provides

With the account you sign in with a passkey. You hold an organization on Pharen that has not been approved as any Customer’s (a “pending organization”), in which you are its Owner. You register the apps you mean to test, and, where we make them available, invite teammates and test an app with a sandbox key (Section 3). “Owner” names the permissions you hold in the pending organization. It is not authority to sign for anyone.

A pending organization has limits: how many apps, test environments and installations it may have, how many reports it may receive, how much test data it may keep, and for how long. We show them where you manage the account, and at the step where you start testing. Once a limit is reached, further test data is refused, and we tell you so; what you already have is not deleted because of it. The limits count your use across a change of key and across approval, so neither resets them.

There is no deadline to become a Customer. The account gives you no production access, no live key and no trial: a Customer’s trial starts only after its approval, as the Terms of Service describe.

3. Testing an app

Before we issue a sandbox key, we ask you to confirm the four things below, and while you hold the key you must keep to them:

• You may test the app. It is yours, or its owner has allowed you to test it. Permission to test an app is not authority to sign for its owner.
• Your own development devices. You run the build that holds the key only on development devices and simulators that you control and are allowed to use.
• Invented content only. You send only content you made up for the test. Do not put real customer records, another person’s personal information, sensitive information, credentials or secrets in events, reports, attachments or screenshots.
• You do not share the key. You do not give the sandbox key, or a build that holds it, to anyone else, and you do not distribute such a build to testers or the public.

We do not ask for paperwork to support these confirmations. A sandbox key is not for production, public beta testing or collecting information about anyone but you. Even when the content is invented, a test device sends data about itself, such as installation and session identifiers, times, versions and device details. We tell you what reaches us, and how long we keep it, at the step where you start testing.

4. Using the account

The account is yours alone. Keep your passkeys and sessions to yourself and do not let anyone else use them. If you think someone else has used your account, tell us at [email protected]. Anyone else who works in your pending organization does so with their own account, through an invitation where we offer one.

Sections 2 to 5 of the Acceptable Use Policy apply to your use of the account as they apply to a Customer’s use of the Service. Section 9 of these terms, not the policy’s Section 6, says what we may do about a breach. You must not give us false information about who you are, set up accounts to get around a limit, interfere with the Service, or reach data you are not permitted to see.

5. Keeping access to your account

You sign in with a passkey. Keep a second passkey, or one your device keeps in sync, so that losing one device does not lock you out; we may remind you to add one. Where we offer it, you may also link a GitHub or GitLab account as a second way to sign in.

If you lose every way to sign in, you may ask us for a recovery link, naming the account as Section 9 describes for closing it. We send the link only to your contact address (Section 9). A recovery completes only after a waiting period, during which it can be refused from any sign-in to the account that is still active. We restore access in no other way, so keep a second way to sign in, and keep your contact address working.

6. Software

Our SDKs and command-line tool are licensed under the license that accompanies each of them. For the iOS SDK that is Schedule A of the Terms of Service, which applies to anyone who obtains that software, with or without an account. These Account Terms do not change those licenses, and they grant no further right to use or distribute software.

7. Your material

You keep your rights in what you put into the account: app names, configuration and test data. You permit us to host, process and show it only to provide the account and the evaluation, to keep them secure, and to meet our legal obligations. The providers we use do the same for us. We do not sell your material, and we do not use it to train AI models. If you send us suggestions about Pharen, we may use them without owing you anything.

8. Becoming a Customer

A company, or you for your own business, becomes a Customer only when a person with authority to bind it accepts the Terms of Service, the Data Processing Agreement and the Acceptable Use Policy for it, in the separate signing step. That person may be you, if you have that authority. You then accept them for the Customer, under their own terms, and not under these.

When we approve that Customer, the pending organization becomes its organization, keeping its identifier, apps and configuration. From then on, the Terms of Service and the Data Processing Agreement govern that organization and its data, and these Account Terms go on governing your individual account. Approval does not by itself show the raw test data collected before it to anyone who could not see it before. If no Customer is approved, nothing in these terms makes one.

9. Your contact address, suspension, cleanup and closing

Your contact address. The email address your set-up link went to becomes your account’s contact address; opening the link showed that it is yours. We use it to send you notices about the account, to confirm a request you make about your data, and for recovery under Section 5. It is never a way to sign in, we do not use it to look you up, and we do not send marketing to it. If you do not read mail at that address, you may miss a notice, so keep it working. Where we offer it, you may change it, once you show that you receive mail at the new address.

Closing your account. You may ask us to close your account at any time, at [email protected]. If you cannot sign in, tell us the name of the organization your account set up and of the apps you registered in it, since we do not find an account by its contact address. We may ask you to show that the account is yours, for example by signing in or by opening a link we send to your contact address. Closing ends your sign-in to the account and closes a pending organization in which you are the only Owner. It does not end a membership you hold in a Customer’s organization, which that Customer’s agreement governs. What we keep afterward, and for how long, is in the Privacy Notice.

When we act at once. We may suspend or close an account, a pending organization or a sandbox key immediately where that is reasonably needed for security, to stop unlawful use or harm to others or to the Service, because a confirmation in Section 3 was false, or because the law requires it. Where it is lawful and safe to do so, we tell you why at your contact address and when you next sign in.

Cleanup. We may also close a pending organization we reasonably consider abandoned, or that was set up only to misuse the Service. Before we do, we send a notice to your contact address, and show it when you sign in, at least 30 days ahead. The notice says why, what will happen to your work, and how to ask us to review it at [email protected]. We may close an account that has gone 15 months without a sign-in, but only once it no longer holds a pending organization or any other membership.

Sections 1, 7, 11, 13 and 14 continue after the account is closed.

10. No fee, no warranty

The account has no fee. We provide it as it is and as available, to the extent the law permits, with no service-level commitment and no promised support response time. Test results may be incomplete or interrupted. Do not rely on them alone for decisions about production or safety. We may change the account’s features. If we stop offering accounts, we will tell you at your contact address with reasonable advance notice.

11. Liability

To the extent the applicable law permits: (a) neither you nor we are liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data; and (b) our total liability arising out of or related to these terms or the account will not exceed US $100.

These limits do not apply to fraud or fraudulent misrepresentation, to death or personal injury caused by negligence, to willful misconduct, or to any liability that the applicable law does not permit to be limited. They do not reduce remedies that data-protection law gives you. You give no indemnity under these terms. These terms do not shorten any statutory period for bringing a claim.

12. Changes to these terms

We may publish a new version of these terms. A change that does not reduce your rights or add to your obligations applies from when we publish it. Any other change applies to you only once you accept it. We tell you about it at your contact address and ask for your acceptance when you next sign in; until then, the version you accepted continues to apply. If you do not accept, you may close your account, and after the notice and review that Section 9 describes for cleanup, we may close it. A change does not affect a claim that arose before it.

13. Governing law and disputes

These terms are governed by the laws of the State of Washington, USA, excluding its conflict-of-laws rules and the U.N. Convention on Contracts for the International Sale of Goods. Either of us may bring a claim about them in the state or federal courts located in King County, Washington. If the mandatory law of the place where you habitually reside gives you protections or a right to bring or defend a claim in its courts, these terms do not take that away. There is no arbitration, no class-action waiver and no jury waiver in these terms.

14. General

We give you notice at your contact address (Section 9). You may give us notice at [email protected] or by mail to us at the address below. You represent that you are not located in an embargoed jurisdiction and are not on a U.S. government list of prohibited or restricted parties.

These terms are the whole agreement about your account. Where they and the Terms of Service both speak to your individual account, these terms govern; once a Customer is approved, the Terms of Service govern its organization. You may not transfer these terms. We may transfer them to a successor to our business. If a provision cannot be enforced, the rest continues. A waiver applies only if written, and only to the instance given.