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Terms of Service

Last updated 16 October 2026

These terms are the agreement between you and TheMartian.app (“we”, “us”) for using Phobos, the AI assistant on WhatsApp (“Phobos” or “the service”). By writing to Phobos you accept them, together with our Privacy Policy. Questions: privacy@themartian.app.

1. Who can use Phobos

You must be 18 or older. Phobos is in a private test: we decide who gets access, and new people may first join a waiting list. You also need a WhatsApp account and must follow WhatsApp's own terms.

2. What Phobos is

Phobos is an assistant powered by artificial intelligence. You write, talk or send files on WhatsApp, and it answers, writes, reads documents, looks at pictures, looks things up on the internet and can send you files. It is a test version, offered free of charge. Features can change, and we may pause or end the service.

3. Your messages and Phobos's answers

  • What you send stays yours. You give us permission to process it only to run Phobos for you, as described in the Privacy Policy.
  • Only send things you have the right to share. Don't share other people's private information without a good reason.
  • You may use Phobos's answers and the files it makes for you as you like, within the law.
  • AI can be wrong. Answers may be inaccurate, incomplete or out of date. Check anything important before you rely on it.
  • Phobos is not a doctor, lawyer or financial adviser. Its answers are not professional advice. In an emergency, call your local emergency number (112 in the EU).

4. Things Phobos does for you

When you ask, Phobos can act for you: send you files, visit websites, and use services you connected. It asks you before steps that are risky or hard to undo. You are responsible for the instructions you give and for checking what it did. Websites and connected services are run by others, under their own terms.

5. Connected accounts and your own proxy

Accounts and proxies are connected only on private one-time pages at connect.themartian.app, never by sending passwords in the chat. Keep those details safe. You are responsible for having the right to use any account or proxy you connect, and for using it lawfully. You can disconnect a service at any time.

6. Rules of use

Don't use Phobos to:

  • break the law, or help anyone else break it;
  • harass, threaten, deceive or harm people, or create content that sexualises minors;
  • send spam, or collect other people's personal data without permission;
  • get around its limits or security, attack it, or reach other people's data;
  • resell it, or use it in a way that overloads it or the services it works with.

We may limit, suspend or end access if these rules are broken or to protect Phobos and other people.

7. Fair use and limits

To keep Phobos available for everyone, there are limits: on messages and usage each day, and on how much internet data Phobos can use for you on our connection over a period of time. When you reach one, Phobos tells you what you can do.

8. No guarantees

Phobos is a free test version, provided “as is” and “as available”. We do our best, but we cannot promise it will always work, be free of errors, or keep everything you store with it. Keep your own copies of anything important.

9. Liability

As far as the law allows, we are not liable for indirect or unforeseeable losses, or for losses caused by AI answers you relied on without checking them. Nothing in these terms limits our liability for intent or gross negligence (art. 1229 of the Italian Civil Code), for death or personal injury, or any right you have as a consumer that cannot be excluded.

10. Stopping

You can stop using Phobos at any time; send /delete to erase your data. We may end the service or your access, with notice in the chat when we reasonably can.

11. Changes to these terms

If we change these terms, we update the date at the top and, for important changes, tell you in the chat before they apply. If you don't agree, you can stop using Phobos and delete your data.

12. Law and disputes

These terms are governed by Italian law. If you use Phobos as a consumer, you also keep the mandatory protections of the country where you live, and you can take a dispute to the courts of the place where you live. Please write to privacy@themartian.app first: most problems can be solved quickly.

13. Contact

TheMartian.app · privacy@themartian.app