Website Terms of Use
Effective August 13, 2026 · Midtown West LLC d/b/a Phantone.fm
01Acceptance
These Website Terms of Use ("Terms") govern your access to and use of phantone.fm and its subpages (the "Site"), operated by Midtown West LLC d/b/a Phantone.fm ("Phantone", "we", "us"). By using the Site you agree to these Terms. If you do not agree, do not use the Site.
02Not the product agreement
These Terms cover the marketing website only. Access to the Phantone platform, APIs, SDKs, dashboards, and webhook delivery is provided under a separate Master Services Agreement, Order Form, or equivalent enterprise contract between Phantone and the customer.
03Permitted use
You may view and use the Site for lawful evaluation, information, and business communication purposes. You may not scrape, crawl at scale, reverse engineer, interfere with, probe for vulnerabilities without authorization, or attempt to gain unauthorized access to any Site systems.
04Intellectual property
The Site and its content — including text, design, graphics, code, and trademarks — are owned by Midtown West LLC or its licensors and are protected by intellectual property law. No license is granted except the limited right to view the Site as intended.
05Content submissions
Information you submit through contact forms or by email (such as demo requests) is handled as described in our Privacy Policy. Do not submit confidential, regulated, or sensitive personal data through the Site.
06Rights in customer audio
As between the parties, a customer retains all rights in the audio, creative, and campaign content it provides. Phantone claims no ownership of that content. A customer must have the rights, licenses, and clearances necessary for the content it submits, including any music, talent, or third-party rights, and for its use in the territories and channels where the campaign runs.
07Signaling and encoding authorization
By submitting audio for signaling or encoding, a customer authorizes Phantone to process that audio solely to generate the signaled version and the associated campaign records, and confirms it is permitted to do so under its own agreements with rightsholders, broadcasters, and distribution partners. Phantone does not clear rights on a customer's behalf.
08SDK and API use
Access to the Phantone SDK, APIs, and credentials is granted under the customer's enterprise agreement and is limited to the customer's own applications and permitted integrations. Customers are responsible for safeguarding API keys and secrets, for the activity conducted under them, and for keeping SDK versions reasonably current. Reverse engineering, redistribution of the SDK outside a permitted application, and use of the APIs to build a competing signaling service are prohibited.
09End-user consent and disclosure
Customers deploying the SDK are responsible for obtaining microphone permission through their own application, for disclosing detection in their privacy notice, and for honoring permission revocation and applicable consent, transparency, and children's-privacy requirements in the jurisdictions where their application is distributed.
10No covert tracking
Phantone may not be used for covert or undisclosed tracking. Prohibited uses include deploying detection without a clear disclosure to end users, attempting to identify individuals who have not consented, using detection for surveillance, workplace or household monitoring, or attempting to capture, reconstruct, or transmit ambient conversation. Phantone may suspend access where it reasonably believes these terms have been breached.
11Campaign content and acceptable use
Campaign content must be lawful and must not be deceptive, defamatory, infringing, or intended to mislead listeners about who is delivering the message. Customers may not use the platform to interfere with emergency services or broadcast systems, to circumvent platform or store policies, to probe or disrupt Phantone systems, or to exceed documented rate limits.
12Pilot and beta functionality
Features identified as pilot, beta, preview, or early access are provided for evaluation, may change or be withdrawn, are excluded from any service level commitment, and are provided without warranty. Data generated during a pilot may not be portable to a general availability release.
13Verification and detection limitations
Phantone reports qualifying detections from participating devices in a supported listening state with the necessary permissions granted. It does not detect every listener and does not guarantee universal, background, or cross-device detection. Detection depends on the participating application, device and operating system behavior, microphone conditions, playback environment, and network delivery. Counted impressions are a verifiable record of qualifying detections, not a measure of total audience, exposure, or human attention. Nothing on this Site or in platform output constitutes a guarantee of detection rate, coverage, or measurement equivalence with any third-party panel or ratings service.
14Third-party links
The Site may link to third-party resources. Phantone does not control and is not responsible for third-party content, services, or privacy practices.
15No warranty
The Site is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Statements on the Site describe the Phantone platform in general terms; specific contractual commitments live in a signed agreement.
16Limitation of liability
To the maximum extent permitted by law, Midtown West LLC will not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of the Site. Nothing in these Terms limits liability that cannot be limited under applicable law.
17Governing law
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of the Site is the state or federal courts located in Sacramento County, California.
18Changes
We may update these Terms at any time. Changes take effect when posted. Continued use of the Site after changes are posted constitutes acceptance.
19Contact
Legal and general inquiries: hello@phantone.fm. Privacy and data protection: compliance@phantone.fm. Security: security@phantone.fm. Postal: Midtown West LLC, 705 Gold Lake Dr Suite 250, Folsom CA 95630.