Phypen brain LLC — Effective Date: June 29, 2026
By accessing or using the services provided by Phypen brain LLC (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service.
Phypen brain LLC provides automation and communication tools for local businesses. Our services include:
The voice and SMS features (missed-call text-back, review requests, rebooking/reactivation reminders, lead capture, and automated follow-up) rely on telecommunications providers. We provide these tools to businesses ("Clients") who use them to communicate with their own callers and customers.
You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.
To use the Service, a Client must provide accurate business information and maintain the security of its account credentials. As a Client, you are responsible for all activity under your account and for ensuring that your use of the Service — including the messages you send to your callers and customers — complies with all applicable laws and the rules below.
Clients are responsible for ensuring a lawful basis and appropriate consent for the messages sent through the Service to their End Users, consistent with the Telephone Consumer Protection Act (TCPA), CTIA messaging guidelines, and applicable carrier (A2P 10DLC) requirements. You agree that:
We may suspend or terminate messaging that violates these requirements or that carriers flag as non-compliant.
For End Users receiving messages: message frequency varies based on your interaction with the business. Message and data rates may apply. Reply STOP to opt out at any time, or HELP for help. Mobile opt-in and consent data are not shared with third parties for marketing purposes.
You agree not to use the Service to: violate any law or regulation; infringe any intellectual property or privacy right; transmit harmful, abusive, harassing, defamatory, or obscene content; attempt to reverse engineer, disrupt, or overload the Service; circumvent security or access controls; or resell or redistribute the Service without our written consent. Violations may result in immediate suspension or termination.
Pricing and billing terms are disclosed at the point of sale. Unless stated otherwise, fees are billed in advance and are non-refundable except where required by applicable law. Telecommunications charges (such as per-message carrier fees) may be passed through. Failure to pay may result in suspension of the Service.
The Service relies on third-party providers, including Twilio for voice and SMS delivery. Your use of the Service is also subject to the applicable terms of those providers. We are not responsible for the availability or conduct of any third-party service.
The Service, including its software, design, logos, and branding (including "Phypen brain" and "Φpie"), is owned by Phypen brain LLC and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect information.
You may stop using the Service at any time. We may suspend or terminate access at any time, with or without notice, if we believe you have violated these Terms or if required by law or carrier rules. Upon termination, your right to use the Service ends immediately.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT MESSAGE DELIVERY IS GUARANTEED, AS DELIVERY DEPENDS ON CARRIERS AND OTHER FACTORS OUTSIDE OUR CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHYPEN BRAIN LLC AND ITS OFFICERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.
You agree to indemnify and hold harmless Phypen brain LLC from any claims, damages, losses, or expenses (including attorneys' fees) arising from your use of the Service, the messages you send through it, your violation of these Terms, or your violation of any law or third-party right.
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any dispute shall be resolved through binding arbitration on an individual basis; you waive any right to participate in a class action. If arbitration is unavailable, disputes shall be resolved in the courts of the State of Washington.
We may update these Terms from time to time. We will post the updated Terms at this address with a revised effective date. Your continued use of the Service after changes constitutes acceptance of the new Terms.
If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce any provision is not a waiver of it.
When you opt in to text messaging from Phypen brain LLC (for example, by calling or texting our published business number), you may receive SMS messages such as missed-call replies, appointment confirmations, reminders, and responses to your inquiries.
You can cancel the SMS service at any time. Just text "STOP" to the number. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just text "START" and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at support@openbrain.my.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: https://app.openbrain.my/privacy-policy.html
If you have questions about these Terms, contact us at:
Email: support@openbrain.my
Mailing Address:
Phypen brain LLC
c/o Northwest Registered Agent LLC
522 W Riverside Ave Ste N
Spokane, WA 99201
United States