The terms that govern your use of pre-release builds of the PhantomSecure macOS security suite.
This Early Access Agreement (the “Agreement”) is a legally binding contract between you (“you” or “Tester”) and Little Guy Dev, LLC, a [STATE OF FORMATION] limited liability company with principal place of business at [REGISTERED ADDRESS] (“Little Guy Dev,” “we,” “us,” or “our”). It governs your access to and use of the pre-release version of the PhantomSecure macOS security suite, including all of its modules — PhantomVault, PhantomProtect, PhantomWipe, PhantomGuardian, PhantomWatch, PhantomAgent, and the AI Guardian — together with any updates, system extensions, agents, and associated services made available to you during the Early Access period (collectively, the “Early Access Software”).
By installing, accessing, or using the Early Access Software, by checking the “I agree” box on the beta application form, or by clicking “I agree” in any in-app dialog presenting this Agreement, you accept this Agreement in full. If you do not agree, do not install or use the Early Access Software and decline beta enrollment.
1.1 You must be at least eighteen (18) years old and able to form a binding contract under the laws of your jurisdiction.
1.2 You represent that you are not located in, ordinarily resident in, or a national of any country, territory, or region subject to comprehensive U.S. trade sanctions (including, as of the effective date, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine), and that you are not on any U.S. Government denied-parties or specially designated nationals list, nor an entity owned or controlled by any such person.
1.3 You will use the Early Access Software for your own personal or internal business use only and not on behalf of any third party.
2.1 The Early Access Software is a pre-release, development-stage build. It is not a finished commercial product. Features may be incomplete, missing, changed, added, removed, or replaced at any time and without notice. Performance, reliability, accuracy, and security characteristics may differ materially from any released version.
2.2 We make no commitment that any feature shown in the Early Access Software, on our website, in our roadmap, in any blog post or social-media communication, or in any private discussion with you will appear in any future generally-available release of PhantomSecure, on any timeline, or at all.
2.3 We may suspend, modify, or terminate the Early Access program — or your participation in it — at any time, with or without notice, for any reason or no reason.
3.1 Subject to your compliance with this Agreement, the PhantomSecure End User License Agreement, and our Terms of Service, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Early Access Software solely (a) on Apple-branded Mac hardware that you own or control and that runs a supported version of macOS, (b) during the Early Access period, and (c) for the purposes of evaluation, testing, and the provision of feedback under Section 7.
3.2 You will not, and will not permit any third party to: (a) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure of the Early Access Software, except to the extent expressly permitted by applicable law notwithstanding this prohibition; (b) modify, translate, or create derivative works; (c) rent, lease, lend, sell, sublicense, redistribute, host, time-share, or operate as a service bureau the Early Access Software; (d) circumvent or attempt to circumvent any license, license-validation, telemetry, or update mechanism; (e) use the Early Access Software in any manner that violates applicable law; or (f) publish, distribute, or share Early Access Software builds, installers, signed packages, or download URLs with any third party.
You acknowledge and accept that the following are inherent to early-access security software, and that we have specifically called them out so that your decision to install is fully informed:
4.1 Bugs and instability. Early Access builds may crash, freeze, hang, fail to start, or otherwise behave incorrectly. They may degrade overall system performance, battery life, or thermal behavior.
4.2 System extensions and privileged operation. PhantomSecure installs and operates one or more macOS system extensions — including an Apple Endpoint Security client, a network content filter, a packet-tunnel provider, a DNS proxy, and a URL filter — and runs a background agent with elevated entitlements (including, on certain builds, library-validation, JIT, and unsigned-executable-memory entitlements granted by Apple for our use case). These extensions can observe broad classes of file-system and network events on your device. Their installation requires your explicit approval through macOS system prompts and, in many cases, Full Disk Access. By accepting this Agreement you authorize their installation, operation, and (where applicable) the collection of telemetry described in Section 6.
4.3 False positives. Threat detection — including YARA-based, hash-based, behavioral, and machine-learning-based detection — can incorrectly classify legitimate files, processes, or network destinations as malicious and may quarantine, block, or otherwise interfere with them. You accept this risk and agree to use the in-app affordances for review and restoration.
4.4 False negatives. No security product, including PhantomSecure, can guarantee detection of all threats. The Early Access Software does not warrant that it will detect, block, or remediate any particular threat. You remain solely responsible for safe computing practices, current backups, applying operating-system security updates, and not relying on any single security product as a sole line of defense.
4.6 Cryptographic destruction (PhantomWipe). PhantomWipe is designed to render data unrecoverable. Once you confirm a wipe operation, the affected data cannot be recovered by us or by any forensic process. Wipe targets are your sole responsibility.
4.7 Service availability. Early Access cloud-side services — including license validation, update delivery, threat-intelligence feeds, and the beta application portal — may be unavailable, delayed, or interrupted. We make no uptime commitment during Early Access.
4.8 Automatic updates. The Early Access Software updates automatically via the Sparkle framework and may install new privileged components without re-prompting. You authorize these updates as part of accepting this Agreement.
The Early Access Software is provided “AS IS” and “AS AVAILABLE,” with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Little Guy Dev and its officers, members, employees, contractors, agents, licensors, and suppliers (collectively, the “Little Guy Dev Parties”) expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, security, quiet enjoyment, system integration, or arising from course of dealing, course of performance, or usage of trade. Without limiting the foregoing, no Little Guy Dev Party warrants that the Early Access Software will (a) meet your requirements, (b) operate without interruption or error, (c) detect, prevent, block, or remediate any particular threat, intrusion, malware, ransomware, exploit, or attack, (d) preserve the integrity, confidentiality, availability, or recoverability of your data, (e) be compatible with any third-party software, hardware, or service, or (f) be free of harmful components. Some jurisdictions do not allow the exclusion of certain warranties; in such jurisdictions, the foregoing disclaimers apply to the maximum extent permitted by law.
6.1 The Early Access Software collects diagnostic, telemetry, crash, and threat-classification data to support development, improve detection quality, and operate the Early Access program. The categories of data, retention periods, on-device aggregation (including time-rounding and noise injection), opt-in controls, and any onward transfer to Little Guy Dev systems are described in our Privacy Notice for PhantomSecure at [PHANTOMSECURE-SPECIFIC PRIVACY URL], which is incorporated into this Agreement by reference.
6.2 Early Access telemetry may be more verbose than the telemetry collected from a generally-available release. Where the Early Access Software offers in-app controls to disable telemetry categories, you may use them; some minimal operational telemetry is required for the Early Access Software to function.
6.3 You will not submit to the Early Access Software, through feedback, support requests, or otherwise, any (a) personal data of any third party that you are not authorized to share, (b) protected health information, (c) payment card numbers other than your own through the supported Stripe-hosted checkout, (d) data classified at any government level, or (e) data subject to regulatory regimes (HIPAA, FERPA, GLBA, ITAR, EAR-controlled technical data) without first arranging a separate written agreement with us.
7.1 By submitting any feedback, comments, bug reports, feature requests, sample files, telemetry, ideas, suggestions, or other input regarding the Early Access Software (collectively, “Feedback”), you grant Little Guy Dev a worldwide, perpetual, irrevocable, royalty-free, fully-paid, sublicensable, transferable, non-exclusive license to use, reproduce, modify, distribute, display, perform, create derivative works of, and otherwise exploit your Feedback for any purpose, including incorporation into PhantomSecure or any other Little Guy Dev product, without obligation to you of any kind (including no obligation of attribution, compensation, or confidentiality).
7.2 You represent and warrant that you have the right to submit each piece of Feedback and the right to grant the license in Section 7.1 with respect to it.
7.3 You waive any moral rights in Feedback to the extent permitted by applicable law.
8.1 The Early Access Software (including its features, behavior, performance characteristics, telemetry contents, source code, object code, design, and documentation), our roadmap communications to you, and any non-public information we share with you in connection with Early Access (collectively, “Confidential Information”) are confidential to Little Guy Dev.
8.2 You will (a) use Confidential Information solely for your participation in Early Access, (b) protect Confidential Information with at least the same degree of care you use to protect your own confidential information of like importance (and in no event less than reasonable care), and (c) not disclose Confidential Information to any third party.
8.3 You may publish honest, non-defamatory public reviews and screenshots of the Early Access Software unless we have designated a specific feature, build, or communication as “embargoed” or “private beta” or have asked you to refrain from public discussion of a specific item, in which case Section 8.2 governs.
8.4 Sections 8.1–8.3 do not apply to information that is or becomes publicly known through no breach by you, was rightfully known to you before disclosure by us without an obligation of confidentiality, is independently developed by you without use of Confidential Information, or is rightfully obtained from a third party without breach of any duty.
9.1 As between you and Little Guy Dev, Little Guy Dev (and its licensors) own all right, title, and interest in and to the Early Access Software, the PhantomSecure brand and trade dress, all intellectual property therein, and all derivatives thereof. This Agreement grants you only the limited license expressly set out in Section 3 and no other rights, by implication, estoppel, or otherwise.
9.2 Open-source components included in the Early Access Software are licensed under their respective licenses; a list is available at [/legal/notices URL].
10.1 Some Early Access seats may be offered for a paid subscription. Pricing, billing cadence, taxes, and the in-app subscription page govern the commercial terms of any such subscription, and Stripe Inc. processes payments on our behalf.
10.2 During Early Access, you may request a full refund of subscription fees paid within the prior fourteen (14) days by contacting [email protected] and identifying the Stripe order. Outside that window, refunds are at our discretion and, where granted, will be prorated to the unused subscription period.
10.3 We may change pricing at any time. Continued use of the Early Access Software after a price change communicated to you constitutes acceptance of the new price.
11.1 To the maximum extent permitted by applicable law, in no event will any Little Guy Dev Party be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, business, goodwill, use, data, recoveries of any kind, or the cost of substitute goods or services, arising out of or relating to this Agreement or the Early Access Software, however caused and on any theory of liability (contract, tort including negligence, strict liability, or otherwise), even if a Little Guy Dev Party has been advised of the possibility of such damages and even if a remedy stated herein fails of its essential purpose.
11.2 To the maximum extent permitted by applicable law, the aggregate liability of all Little Guy Dev Parties to you arising out of or relating to this Agreement or the Early Access Software is limited to the greater of (a) the total subscription fees you have actually paid to Little Guy Dev for the Early Access Software in the twelve (12) months immediately preceding the event giving rise to the claim, and (b) one hundred U.S. dollars (US $100).
11.3 The limitations in this Section 11 apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitations on implied warranties; in those jurisdictions, the foregoing limitations apply to the greatest extent permitted, and the remainder of this Agreement remains in effect. Nothing in this Agreement limits liability for fraud, willful misconduct, or any liability that cannot be limited under applicable law.
11.4 You acknowledge that the foregoing allocation of risk, including the disclaimers in Section 5 and the limitations in this Section 11, is an essential basis of the bargain, and that we would not make the Early Access Software available to you on materially different terms.
You will indemnify, defend, and hold harmless the Little Guy Dev Parties from and against any claim, demand, loss, liability, damage, fine, penalty, cost, or expense (including reasonable attorneys’ fees) arising out of or relating to (a) your breach of this Agreement, (b) your violation of applicable law in connection with the Early Access Software, (c) your infringement or misappropriation of any third-party right through your use of the Early Access Software, or (d) any data you submit through, or process with, the Early Access Software.
13.1 This Agreement commences when you first accept it and continues until (a) the Early Access period ends, (b) you cease all use of the Early Access Software and uninstall it, or (c) it is terminated under Section 13.2, whichever is earliest.
13.2 We may suspend or terminate your participation in Early Access, and your license under Section 3, at any time, with or without notice, including (without limitation) if you fail to provide Feedback for a period of sixty (60) consecutive days (in which case, consistent with the published Beta Program policy, your seat may be reassigned).
13.3 On termination, you will cease all use of the Early Access Software and uninstall it from all of your devices. Sections 4.5, 4.6, 5, 6, 7, 8, 9, 10.2, 11, 12, 13.3, 14, and 15 survive termination.
14.1 This Agreement is governed by the laws of the [STATE OF FORMATION OR PRINCIPAL PLACE OF BUSINESS], United States of America, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Any dispute arising out of or relating to this Agreement or the Early Access Software will be brought exclusively in the state or federal courts located in [COUNTY], [STATE], and you irrevocably consent to the personal jurisdiction of those courts.
15.1 Entire Agreement. This Agreement, together with the PhantomSecure EULA, the PhantomSecure Privacy Notice, and the Little Guy Dev Terms of Service, is the entire agreement between you and Little Guy Dev concerning the Early Access Software, and supersedes all prior or contemporaneous communications on that subject. In the event of a direct conflict between this Agreement and any of the other documents listed above with respect to the Early Access Software specifically, this Agreement controls.
15.2 Modification. We may modify this Agreement at any time by posting a revised version at https://phantomsecure.app/early-access or by notifying you in-app or by email. Material changes will be highlighted. Your continued use of the Early Access Software more than ten (10) days after a modification is posted (or such longer notice period as required by applicable law) constitutes acceptance.
15.3 Assignment. You may not assign or transfer this Agreement, in whole or in part, without our prior written consent; any attempted assignment in violation of this Section is void. We may assign this Agreement, in whole or in part, without restriction.
15.4 Severability; Waiver. If any provision of this Agreement is held to be unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be reformed to the minimum extent necessary to make it enforceable. No waiver of any provision is effective unless in a writing signed by the party against whom the waiver is asserted; a failure to enforce any provision is not a waiver of future enforcement.
15.5 Notices. Notices to you may be given by in-app notification or to the email address associated with your PhantomSecure account. Notices to Little Guy Dev must be sent to [email protected] with a copy to [LEGAL NOTICES POSTAL ADDRESS].
15.6 Independent contractors. The parties are independent contractors. This Agreement does not create any agency, partnership, joint venture, or employment relationship.
15.7 U.S. Government End Users. The Early Access Software is “commercial computer software” and any related documentation is “commercial computer software documentation,” each as defined in the Federal Acquisition Regulation and DFARS. Use, modification, reproduction, release, performance, display, or disclosure by the U.S. Government is governed solely by the terms of this Agreement.
15.8 Export. You will comply with all applicable U.S. and foreign export-control and sanctions laws and regulations in your use of the Early Access Software.
15.9 Headings. Section headings are for convenience only and do not affect interpretation.
Questions about this Agreement may be sent to [email protected].
© 2025-2026 Little Guy Dev, LLC. All rights reserved. PhantomSecure, PhantomVault, PhantomProtect, PhantomWipe, PhantomGuardian, PhantomWatch, PhantomAgent, and the Phantom logo are trademarks or registered trademarks of Little Guy Dev, LLC in the United States and other countries.