Terms of Service

1. Acceptance of Terms

By creating an account, or by accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use our Services. We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the revised Terms.

2. Eligibility and Age Restriction

You must be at least 13 years of age to use the Services. If you are under 18, you must have your parent or legal guardian's permission to use the Services. By using our Services, you represent and warrant that you meet these requirements.

3. Use of Services and User Conduct

You are responsible for your conduct and your content when using our Services. You agree to use our Services only for lawful purposes and in a manner that does not infringe on the rights of, restrict, or inhibit anyone else's use and enjoyment of the Services. Prohibited actions include, but are not limited to:

• Attempting to gain unauthorized access to PersonifAI’s systems, or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Services.
• Transmitting any worms, viruses, malware, or any other code of a destructive or harmful nature.
• Using the Services to generate content that is unlawful, harmful, defamatory, obscene, harassing, or that promotes discrimination, bigotry, racism, or hatred.
• Violating the privacy of others, including distributing personal information without consent.
• Using the Services for any commercial purpose not expressly permitted by a separate agreement with PersonifAI, such as a B2B strategic partnership agreement.

4. Account Registration

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during the registration process. You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

5. User Content and Intellectual Property

You are responsible for the content you create and submit to the Services, including text, data, and the personas you develop ("User Content").

Your Rights: You retain ownership of your User Content.

License to PersonifAI: By submitting User Content to the Services, you grant PersonifAI a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with operating and providing the Services to you and to our other users. This license is necessary for us to, for example, store your personas and make them accessible to you.

Co-Creation Community: One of the core aspects of PersonifAI is our co-creation community. By participating, you acknowledge that certain User Content may be made available to other users to view, use, or build upon, based on the functionalities of the Services.

6. PersonifAI Intellectual Property

Excluding your User Content, all aspects of the Services, including the website, text, graphics, logos, icons, images, software, and the underlying technology and AI models, are the exclusive property of PersonifAI and its licensors. You agree not to use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, or otherwise exploit the Services or its content, except as expressly permitted in these Terms.

7. AI-Generated Content

The Services utilize artificial intelligence to generate content. You acknowledge that AI-generated content may sometimes be inaccurate, incomplete, or offensive. PersonifAI makes no warranties about the reliability, accuracy, or suitability of AI-generated content. You are responsible for reviewing and validating any content generated by the AI before use or reliance.

8. Payment and Subscriptions

Some features of the Services may require payment or a subscription. By choosing a paid plan, you agree to pay all applicable fees as described during the checkout process. All fees are non-refundable except as required by law. We reserve the right to change our subscription plans or pricing, and we will provide you with reasonable notice of any such changes. For B2B strategic partnerships, payment terms will be governed by a separate Master Services Agreement (MSA).

9. Termination

We may terminate or suspend your access to the Services, without prior notice or liability, for any reason, including if you breach these Terms. You may terminate your account at any time by contacting us or through your account settings. Upon termination, your right to use the Services will immediately cease.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PERSONIFAI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONIFAI, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL PERSONIFAI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNT YOU PAID PERSONIFAI, IF ANY, IN THE LAST 12 MONTHS.

12. Indemnification

You agree to defend, indemnify, and hold harmless PersonifAI and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of your use of and access to the Service, or from your violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Bristol County, Massachusetts, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

14. Miscellaneous

These Terms constitute the entire agreement between you and PersonifAI concerning the Services and supersede all prior agreements. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of PersonifAI to enforce any right or provision of these Terms will not be considered a waiver of those rights.