1. Agreement to Terms
These Terms of Service ("Terms") govern your access to and use of The Design Phase platform ("Platform"), operated by DDI - TheDesignPhase LLC, a Wyoming limited liability company ("DDI", "we", "us", or "our"). By registering for an account, starting a free trial, or otherwise using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms.
If you are entering into these Terms on behalf of an organisation or legal entity, you represent and warrant that you have the authority to bind that organisation to these Terms. In that case, "you" refers to that organisation.
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes by email or a prominent notice on the Platform. Continued use of the Platform after the effective date of any changes constitutes acceptance of the revised Terms.
2. Definitions
"Platform" means The Design Phase web application, APIs, and associated services available at thedesignphase.app.
"Workspace" means the organisational unit created when you register, which contains your projects, members, and settings.
"User" means any individual who accesses the Platform under your Workspace subscription.
"Project" means a discrete ERP implementation engagement managed within the Platform.
"Subscription" means the recurring billing arrangement that grants you access to the Platform features described in the applicable plan.
"Trial Period" means the initial 5-day free access period available on the Professional plan, as described in Section 4.
"Customer Data" means all data, content, and materials you upload or create within the Platform.
3. Description of Service
The Design Phase is a cloud-based governance and documentation platform for ERP implementation design phases. It provides structured design sessions, human-attributed audit trails, register management, and evidence packaging tools.
The Platform is a tool to assist with governance documentation. It does not replace, supplement, or constitute any operational, legal, financial, or professional advisory service. DDI - TheDesignPhase LLC makes no representation that use of the Platform will result in any particular business outcome, audit result, or compliance status.
You are solely responsible for the accuracy, completeness, and appropriateness of the data you enter into the Platform, and for all decisions made on the basis of information generated by the Platform.
4. Subscription & Payment
Access to the Platform beyond the free Trial Period requires a paid Subscription. Subscriptions are billed monthly in advance on the billing date established at checkout.
Pricing is determined by the number of active Projects in your Workspace. Current pricing is displayed on our pricing page at /pricing. DDI reserves the right to change pricing with at least 30 days' advance notice. If you do not cancel before a price change takes effect, your continued use constitutes acceptance of the new price.
All payments are processed by Stripe, Inc. By subscribing, you authorise DDI - TheDesignPhase LLC to charge your payment method on a recurring monthly basis until your Subscription is cancelled. DDI does not store your card number, CVV, or full payment details.
All fees are stated and charged in US Dollars (USD). You are responsible for any applicable taxes, duties, or levies imposed by your jurisdiction in connection with your Subscription. DDI is not responsible for currency conversion costs or banking fees charged by your payment provider.
Monthly subscription fees are non-refundable except as expressly stated in our Refund Policy at /refund or as required by applicable law. Subscriptions auto-renew monthly unless cancelled before the renewal date. If you cancel mid-month, your access continues until the end of the current billing period and no pro-rated refund is issued.
If a payment fails, DDI will attempt to collect for up to 7 days before suspending your account. Resolving the failed payment restores access immediately.
5. Free Trial
New Professional plan accounts are eligible for a 5-day free trial. A valid payment method is required to start the trial. You will not be charged during the trial period.
At the end of the 5-day trial, your Subscription will automatically convert to a paid monthly plan and your payment method will be charged at the applicable rate.
To avoid being charged, you must cancel your Subscription before the trial period ends. Cancellation instructions are available in your Workspace settings.
DDI reserves the right to limit trial eligibility (for example, one trial per organisation) and to terminate a trial at any time if misuse or abuse is detected.
6. Acceptable Use
You agree to use the Platform only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy at /acceptable-use, which is incorporated herein by reference. Violations of the Acceptable Use Policy may result in immediate suspension or termination of your account without refund.
You are solely responsible for the accuracy and completeness of the data you enter into the Platform, including project information, design decisions, and register entries. DDI - TheDesignPhase LLC is not liable for any decisions made on the basis of data you have entered.
7. Intellectual Property
DDI - TheDesignPhase LLC owns all intellectual property rights in the Platform, including the software, design, trademarks, and documentation. Nothing in these Terms transfers any DDI intellectual property to you.
You retain ownership of all Customer Data. You grant DDI a limited, non-exclusive, royalty-free licence to store, process, and transmit Customer Data solely for the purpose of providing the Platform services to you.
DDI does not claim any ownership rights in your Customer Data and will not use it for any purpose other than operating and improving the Platform.
8. Data & Privacy
Our Privacy Policy, available at /privacy, describes how we collect, use, and protect your personal data. By using the Platform, you consent to our data practices as described therein.
Where you upload personal data relating to third parties (e.g. project team members), you represent that you have the appropriate legal basis to do so and to permit DDI to process that data on your behalf.
Enterprise customers who require a formal Data Processing Agreement ("DPA") for GDPR compliance may request one at support@thedesignphase.app. Our standard DPA is also available at /dpa.
9. Disclaimer of Warranties
THE PLATFORM IS PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS", WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. DDI - THEDESIGNPHASE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
DDI DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM BUGS OR VIRUSES. DDI DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OR OUTPUT GENERATED BY THE PLATFORM.
No advice or information, whether oral or written, obtained from DDI or through the Platform shall create any warranty not expressly stated in these Terms.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DDI - THEDESIGNPHASE LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF DDI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF DDI - THEDESIGNPHASE LLC TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PLATFORM EXCEED THE FEES ACTUALLY PAID BY YOU TO DDI IN THE ONE (1) CALENDAR MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, DDI's liability shall be limited to the maximum extent permitted by applicable law. The limitations in this section are a fundamental element of the basis of the bargain between DDI and you.
11. Indemnification
You agree to defend, indemnify, and hold harmless DDI - TheDesignPhase LLC and its members, managers, officers, employees, agents, and successors from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Customer Data; or (e) any claim by a third party arising from your use of the Platform.
12. Termination
You may cancel your Subscription at any time through Workspace settings. Cancellation takes effect at the end of the current billing period; you retain access until that date.
DDI may suspend or terminate your access immediately and without notice if you breach these Terms or our Acceptable Use Policy, fail to pay amounts owed, or engage in activity that poses a risk to other users or the Platform. DDI may also terminate your account for any reason with 30 days' written notice.
Upon termination, you will have 30 days to export your Customer Data. After this window, DDI will securely delete your data in accordance with our data retention policy. We recommend exporting your data before cancellation. No refunds are issued upon termination for cause.
13. Force Majeure
DDI - TheDesignPhase LLC shall not be liable for any failure or delay in performing its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond DDI's reasonable control, including but not limited to: acts of God, natural disasters, pandemics, war, terrorism, civil unrest, government actions, internet or telecommunications failures, power outages, or failures or disruptions of third-party services including Supabase, Vercel, Stripe, and Resend.
14. Dispute Resolution & Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration proceedings will be conducted virtually or in the State of Wyoming. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
BY AGREEING TO THESE TERMS, YOU AND DDI EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN CLASS ACTION LITIGATION. Any claims must be brought in your individual capacity, not as a plaintiff or class member in any purported class or representative proceeding.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. Claims must be filed within one (1) year of the event giving rise to the claim.
15. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of Wyoming, United States of America, without regard to its conflict-of-law provisions.
To the extent that a dispute is not subject to arbitration under Section 14, the parties consent to the exclusive jurisdiction of the state and federal courts located in the State of Wyoming for resolution of such dispute.
16. General Provisions
Entire Agreement: These Terms, together with the Privacy Policy, DPA, Acceptable Use Policy, and Refund Policy, constitute the entire agreement between you and DDI - TheDesignPhase LLC with respect to the Platform and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms remain in full force and effect.
Waiver: DDI's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
Assignment: You may not assign or transfer your rights or obligations under these Terms without DDI's prior written consent. DDI may freely assign these Terms, including in connection with a merger, acquisition, or sale of assets.
Notices: Notices to you will be sent to the email address associated with your account. Notices to DDI should be sent to support@thedesignphase.app.
17. Contact
DDI - TheDesignPhase LLC
State of Incorporation: Wyoming, USA
Email: support@thedesignphase.app