Terms of Service

3.1 Age Restriction

PHX Beyond Binary serves individuals 18 years of age or older only. By using our Site or services, you represent and warrant that you are at least 18 years old.

We do not knowingly collect information from individuals under 18. If we discover that we have collected information from someone under 18, we will delete that information promptly. If you are a parent or guardian and believe your child under 18 has provided us with information, please contact us at hello@phxbeyondbinary.com.

3.2 Acceptance of Trans-Centered Mission

PHX Beyond Binary is explicitly designed as a trans-centered space. By using our Site and services, you acknowledge and accept that:

• Trans, non-binary, and gender-diverse people are the primary community we serve

• Trans comfort and safety set the standard for our community

• All participants are expected to respect trans identities, use correct names and pronouns, and prioritize trans members' wellbeing

• This is not merely an "inclusive" space; it is a trans-centered space where trans experiences and needs come first

Individuals who do not respect our trans-centered mission may have their access to our Site, services, or future facilities restricted or terminated.

4.1 Current Services

At this time, PHX Beyond Binary provides:

• Informational Website: Information about our mission, vision, and plans

• Community Feedback Mechanisms: Surveys, forms, and other tools to gather feedback about community needs and interest

• Communications: Email updates and newsletters about our launch and development (opt-in)

4.2 Planned Future Services

We are planning to offer, pending funding, space acquisition, and community validation:

• Physical Community Space: A dedicated facility with workspace, social areas, and equipment

• Technical Infrastructure: Server resources, virtual machines, development environments, and high-speed internet access

• Maker Resources: 3D printing, electronics equipment, and collaborative project space

• Social Facilities: Gaming lounge, board game library, communal tables, and casual hangout areas

• Educational Programming: Workshops, classes, hackathons, and skill-sharing events

• Community Events: Networking mixers, game nights, collaborative projects, and social gatherings

These future services are subject to change based on funding, community feedback, and operational realities. We make no guarantees that any specific service will be offered or that our planned space will open.

4.3 No Guarantees of Service

We are in the planning phase. We make no representations or warranties that:

• We will successfully launch a physical space

• Any specific services will be available

• The project will continue indefinitely

• Any timeline for launch will be met

You acknowledge that this is a grassroots initiative subject to funding, space availability, community support, and other factors beyond our control.

4.4 Payment Processing

We accept payments for memberships, contributions, and services through a third-party payment processor. PHX Beyond Binary is the trade name (DBA) of Nooikko LLC, a limited liability company. We are not a 501(c)(3) nonprofit organization, and payments made to us are not tax-deductible charitable contributions.

By making a payment, you agree to our payment processor's terms of service. For details on how your payment data is handled, please see our Privacy Policy.

5.1 Code of Conduct

All users of our Site and future services must comply with our community standards and Code of Conduct (to be developed prior to physical space launch). Generally, users must:

• Treat all community members with respect and dignity

• Respect trans identities, names, and pronouns

• Refrain from harassment, discrimination, hate speech, or threatening behavior

• Not engage in any illegal activity

• Respect the privacy and personal information of others

• Follow all safety rules when using equipment or facilities (once operational)

5.2 Prohibited Conduct

You may not use our Site or services to:

• Harass, threaten, intimidate, or discriminate against any person, especially based on gender identity, gender expression, sexual orientation, race, ethnicity, disability, or other protected characteristics

• Post or transmit content that is hateful, discriminatory, violent, sexually explicit, defamatory, or otherwise objectionable

• Violate any local, state, federal, or international law

• Infringe upon the intellectual property rights of others

• Transmit viruses, malware, or other harmful code

• Attempt to gain unauthorized access to our systems or data

• Impersonate any person or entity

• Collect or harvest information about other users without their consent

• Use automated systems (bots, scrapers) to access the Site without permission

• Engage in any activity that disrupts or interferes with the Site or services

5.3 Content Moderation and Filtering

We employ automated content filtering on our survey submissions to prevent harassment and hate speech. Submissions containing prohibited content will be rejected with a generic error message. We reserve the right to:

• Review, filter, modify, or remove any user-generated content

• Refuse service to anyone who violates our community standards

• Report illegal activity to law enforcement

• Take any action necessary to protect our community and operations

6.1 Our Intellectual Property

All content on the PHX Beyond Binary website, including but not limited to text, graphics, logos, images, code, and design, is the property of PHX Beyond Binary or its licensors and is protected by copyright, trademark, and other intellectual property laws.

6.2 User-Generated Content

When you submit content to us (such as survey responses, feedback, or future forum posts), you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and display that content for the purposes of:

• Operating and improving our services

• Understanding community needs and feedback

• Creating aggregated and anonymized reports

• Promoting our mission (with your consent for identifiable information)

You retain ownership of your content. We will not share your personally identifiable submissions publicly without your explicit consent, except as described in our Privacy Policy.

Key Points:

• We collect personal information (email addresses, survey responses) only with your consent

• We use industry-standard security measures to protect your data

• We will never sell your personal information

• You have rights to access, correct, and delete your data

• We handle sensitive community data (gender identity, LGBTQ+ status) with special care

9.1 No Warranty

PHX BEYOND BINARY AND ITS SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We do not warrant that:

• The Site will be uninterrupted, secure, or error-free

• Information on the Site is accurate, complete, or current

• Any defects will be corrected

• The Site is free of viruses or harmful components

• Our planned services will launch or continue

• Any timeline or plan will be met

9.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PHX BEYOND BINARY, ITS FOUNDER, OPERATORS, VOLUNTEERS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, INCLUDING BUT NOT LIMITED TO:

• Loss of data or information

• Loss of profits or business opportunities

• Personal injury or property damage

• Emotional distress

• Any other losses, even if we were advised of the possibility of such damages

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SITE SHALL NOT EXCEED $100 USD OR THE AMOUNT YOU PAID TO US IN THE PAST 12 MONTHS, WHICHEVER IS GREATER.

Some jurisdictions do not allow limitation of liability for certain types of damages, so these limitations may not apply to you.

9.3 Future Physical Space and Equipment Use

When our physical space opens (if it opens), use of equipment, facilities, and participation in activities will carry inherent risks. Future members will be required to:

• Acknowledge assumption of risk

• Sign liability waivers

• Follow safety rules and procedures

• Accept responsibility for damage caused by negligence or misuse

Detailed terms for physical space use, equipment liability, and assumption of risk will be provided when membership agreements are offered.

11.1 Our Right to Terminate

We reserve the right to:

• Suspend or terminate your access to the Site at any time, with or without cause, with or without notice

• Refuse service to anyone for any reason

• Remove any content for any reason

• Modify or discontinue any aspect of the Site or services

11.2 Effect of Termination

Upon termination:

• Your right to use the Site immediately ceases

• We may delete any content or data associated with your account

• Sections of these Terms that by their nature should survive (including indemnification, disclaimers, and dispute resolution) shall remain in effect

11.3 Your Right to Discontinue Use

You may stop using our Site and services at any time. If you wish to have your data deleted, please contact us at hello@phxbeyondbinary.com and we will process your request in accordance with our Privacy Policy.

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of law provisions.

12.2 Jurisdiction and Venue

Any legal action or proceeding arising from these Terms or your use of the Site shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You consent to the personal jurisdiction of these courts.

12.3 Informal Resolution

Before filing any legal claim, you agree to first contact us at hello@phxbeyondbinary.com to attempt to resolve the dispute informally. We commit to working with you in good faith to resolve any issues.

12.4 Arbitration (Optional Future Provision)

If we implement membership services in the future, we may require binding arbitration for certain disputes. Any such arbitration requirement will be clearly communicated in updated Terms or membership agreements.

12.5 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AND PHX BEYOND BINARY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found to be unenforceable, the arbitration agreement (if any) shall be null and void.

13.1 Changes to These Terms

We may modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date at the top of this document

• We will provide notice of material changes via email (if you've signed up for updates) or prominent notice on the Site

• Continued use of the Site after changes constitutes acceptance of the modified Terms

We encourage you to review these Terms periodically. If you do not agree to modified Terms, you must stop using the Site.

13.2 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and PHX Beyond Binary regarding your use of the Site and supersede any prior agreements.

13.3 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

13.4 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing.

13.5 Assignment

You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign these Terms without restriction.

13.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, government actions, or internet/utility failures.

13.7 Relationship

These Terms do not create any partnership, joint venture, employment, or agency relationship between you and PHX Beyond Binary.

13.8 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

PHX Beyond Binary

Nooikko LLC, DBA PHX Beyond Binary

Email: hello@phxbeyondbinary.com

Website: https://phxbeyondbinary.com