Terms &
Conditions

Everything you need to know about our platform, your rights, and how we handle smart automotive trade at PHAMON.

Contents

By registering, accessing, or using the Platform, you agree to be bound by these Terms & Conditions. If you do not agree, you must not use the Platform.

01

Definitions

"PHAMON"

PHAMON Automotive OÜ, an Estonian-registered company.

"Platform"

The PHAMON web and mobile applications.

"User"

Any individual or business registered on the Platform.

"Vendor"

A User offering automotive products or services.

"Party"

A User seeking to purchase automotive products or services.

"Smart Trade"

A facilitated trade match generated via the Platform.

"Platform Fee"

PHAMON's non-refundable facilitation fee (Commission).

"Top-Up"

Any balance adjustment agreed between Users outside the Platform.

02

Acceptance of Terms

By registering, accessing, or using the Platform, you agree to be bound by these Terms & Conditions. If you do not agree, you must not use the Platform.

03

Platform Role & Limitation

PHAMON operates as a digital facilitation, verification, and matching platform.

PHAMON Does

  • Facilitates discovery and Smart Trade matching
  • Provides identity verification, data, and communication tools

PHAMON Does NOT

  • Manufacture, own, store, ship, or inspect goods
  • Guarantee payment, delivery, or quality
  • Act as a financial institution or escrow agent (during MVP)
04

User Eligibility & Account

  • 18+
    Users must be at least 18 years old.
  • Business users must have legal authority to act for their entity.
  • Accurate, current, and complete information is mandatory.
PHAMON reserves the right to refuse or terminate access at its discretion.
05

KYC / KYB Compliance

Users may be required to complete identity or business verification. Failure to pass verification may result in:

Account suspension Trade limitations Account termination
06

Smart Trade Process

01Initiate
02Confirm
03Fee charged
04Settle
  • Users initiate or accept a Smart Trade
  • Trade details are digitally confirmed
  • Platform Fee is charged
  • Users complete settlement externally (MVP phase)
A Smart Trade record constitutes intent to transact, not settlement completion.
07

User Obligations

Users agree to:

Act in good faith
Provide accurate listings and information
Comply with applicable laws
Resolve disputes directly where settlement occurs off-platform
08

Settlement & External Payments

8.1 Platform Fee (Success Fee)

PHAMON charges a non-refundable Platform Fee for facilitating the match and providing the Smart Trade infrastructure. This fee is due and payable immediately upon mutual acceptance of a trade by both parties.

8.2 Direct Settlement of Top-Ups

Users acknowledge that any monetary "Top-Up" or balance adjustment agreed upon between the parties shall be settled externally and directly between the users (e.g., Bank Transfer, Mobile Money, or Cash).

8.3 No Escrow Liability (MVP Phase)

PHAMON does not act as an escrow agent during the MVP phase and shall have no liability for:

(a) Failure of a user to remit a Top-Up payment
(b) Disputes regarding timing or method of external settlement
(c) Bank charges, transfer delays, or currency fluctuations

8.4 Proof of Payment (Optional)

Users are encouraged to upload Proof of Payment (image or PDF) within the trade chat for record-keeping purposes only. PHAMON does not verify or guarantee such proof to avoid liability.

09

Commission & Billing

9.1 Deduction at Source

PHAMON's Platform Fee is processed via the integrated payment gateway at the point of trade confirmation.

Access to counter-party shipping details and contact information is granted only after successful payment of the Platform Fee.

9.2 Irrevocability of Fees

Once a trade is confirmed and the Platform Fee is paid, the fee is deemed earned for Matching and Data Provision services.

Failure by users to complete the physical transaction does not entitle either party to a refund.

9.3 Commission Rates

  • Commission ranges between 2% and 5%
  • Rates vary by category, value, and risk profile
  • Updated rates will be published with 30 days' notice

9.4 Taxes

  • Users are responsible for their own local taxes
  • PHAMON complies with Estonian tax law
  • Estonian VAT (22%) applies where required
  • No VAT is applied to off-platform transactions

10. Intellectual Property

All Platform content, software, branding, and data structures remain the exclusive property of PHAMON Automotive OÜ.

11. Data Protection & Privacy

User data is processed in accordance with:

GDPREstonian lawsPHAMON Privacy Policy

12. Disclaimers

The Platform is provided "as is". PHAMON disclaims all warranties regarding Product quality, Delivery, Settlement, and Financial outcomes.

13. Limitation of Liability

PHAMON shall not be liable for indirect/consequential losses, external payment failures, logistics disputes, or off-platform fraud.

Total liability is limited to fees paid to PHAMON in the preceding 12 months.
14

Suspension & Termination

14.1 Suspension

Accounts may be suspended for Breach of Terms, Fraud/misrepresentation, Failed KYC/KYB, or Legal risk.

14.2 Termination by PHAMON

30 days' notice for operational reasons, or immediate termination for material breach/fraud.

14.3 Termination by User

Users may terminate their account at any time, subject to settlement of outstanding obligations.

14.4 Effect of Termination

Prior obligations remain, earned commissions are payable, and compliance data is retained for 7 years.

15. Future Platform Features

PHAMON reserves the right to introduce: Escrow services, In-platform settlement, and Automated dispute resolution. Such features will be governed by updated Terms.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of the Republic of Estonia. Disputes shall be resolved in Estonian courts.

17. Contact Information

PHAMON Automotive OÜ

support@phamon.eu

Registered in Estonia