Terms and Conditions

Last Updated: November 19, 2024

1. Agreement to Terms

Welcome to Persona Plus. These Terms and Conditions ("Terms", "Terms and Conditions") constitute a legally binding agreement between you ("User", "you", or "your") and Persona Plus ("Company", "we", "us", or "our") regarding your use of the website located at https://personaplus.ai and all related services, features, content, and applications (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you do not have permission to access the Service. Your access and use of the Service is also conditioned on your acceptance of and compliance with our Privacy Policy.

2. Description of Service

Persona Plus provides free AI-powered social media tools including but not limited to:

  • Bio generators for various social media platforms (Instagram, Twitter, LinkedIn, TikTok, YouTube, GitHub)
  • Caption generators and hashtag tools
  • Username generators and character counters
  • Engagement calculators and social media audit tools
  • Content idea generators and planning tools
  • Other social media optimization utilities

The Service uses artificial intelligence and machine learning technologies to generate content based on user inputs. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. Eligibility and Account Registration

3.1 Age Requirements

You must be at least 13 years of age (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the Service. If you are under 18 years of age, you must have permission from a parent or legal guardian. By using the Service, you represent and warrant that you meet these age requirements.

3.2 Account Creation

While many features of our Service are available without registration, certain features may require you to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Immediately notify us of any unauthorized use of your account

3.3 Account Termination

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. User Content and Intellectual Property

4.1 Your Content

"User Content" means any content, information, data, text, or other materials that you submit, upload, or input into the Service. You retain all ownership rights to your User Content. However, by submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, process, adapt, and display such content solely for the purpose of:

  • Providing and operating the Service
  • Generating AI-powered outputs based on your inputs
  • Improving and developing our AI models and Service features
  • Analyzing usage patterns and Service performance

4.2 Generated Content

Content generated by our AI tools ("Generated Content") is provided to you for your use. You may use Generated Content for personal or commercial purposes, subject to these Terms. However, you acknowledge that:

  • Generated Content is created using AI and may not be unique to you
  • Similar or identical content may be generated for other users with similar inputs
  • We do not claim ownership of Generated Content
  • You are responsible for reviewing and verifying Generated Content before use

4.3 Content Restrictions

You agree not to submit, upload, or input any User Content that:

  • Infringes on intellectual property rights of any third party
  • Contains illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable material
  • Contains viruses, malware, or other harmful code
  • Violates any applicable laws or regulations
  • Promotes discrimination, bigotry, racism, hatred, or harassment
  • Contains false, misleading, or deceptive information
  • Impersonates any person or entity

4.4 Our Intellectual Property

The Service, including its original content, features, functionality, design, software, and all related intellectual property rights, is and will remain the exclusive property of Persona Plus and its licensors. Our trademarks, service marks, and logos may not be used without our prior written consent.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Use the Service in any way that violates any applicable federal, state, local, or international law or regulation
  • Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
  • Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
  • Use any automated system, including "robots," "spiders," or "scrapers," to access the Service without our prior written permission
  • Reverse engineer, decompile, or disassemble any aspect of the Service
  • Remove, alter, or obscure any proprietary notices or labels on the Service
  • Use the Service for any commercial purpose without our express written permission, except as explicitly allowed for Generated Content
  • Interfere with or disrupt the Service or servers or networks connected to the Service
  • Introduce any viruses, trojan horses, worms, logic bombs, or other harmful material
  • Attempt to circumvent any content filtering techniques or security features
  • Use the Service to generate content for spam, phishing, or other malicious purposes

6. Third-Party Services and Links

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by Persona Plus. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of any third-party content, goods, or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit or use.

7. AI-Generated Content Disclaimers

7.1 Accuracy and Reliability

The Service uses artificial intelligence and machine learning to generate content. While we strive for accuracy, AI-generated content may contain errors, inaccuracies, or inappropriate suggestions. You acknowledge that:

  • Generated Content should be reviewed and verified before use
  • We do not guarantee the accuracy, completeness, or quality of Generated Content
  • Generated Content may not be appropriate for all contexts or audiences
  • You are solely responsible for evaluating and using Generated Content

7.2 No Professional Advice

The Service and Generated Content are provided for informational and creative purposes only and do not constitute professional advice. Generated Content should not be relied upon for legal, financial, medical, or other professional decisions. Always consult with qualified professionals for specific advice.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONA PLUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
  • WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT
  • WARRANTIES THAT DEFECTS WILL BE CORRECTED

We do not warrant that the Service will meet your requirements or that the operation of the Service will be uninterrupted or error-free. No advice or information obtained from us or through the Service shall create any warranty not expressly stated in these Terms.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERSONA PLUS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

  • Loss of profits, data, use, goodwill, or other intangible losses
  • Damages resulting from your access to or use of or inability to access or use the Service
  • Damages resulting from any conduct or content of any third party on the Service
  • Damages resulting from unauthorized access, use, or alteration of your content

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100 USD).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

You agree to defend, indemnify, and hold harmless Persona Plus, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms
  • Your use of the Service
  • Your User Content or Generated Content
  • Your violation of any third-party rights, including intellectual property rights
  • Any harm caused to another user

11. Modifications to Service and Terms

11.1 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice, for any reason. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

11.2 Terms Modifications

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when posted and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Terms means that you accept and agree to the changes.

12. Governing Law and Dispute Resolution

12.1 Governing Law

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

12.2 Dispute Resolution

Any disputes arising out of or relating to these Terms or the Service shall be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiation, you agree to first contact us at legal@personaplus.ai to attempt to resolve the dispute informally.

12.3 Arbitration

If informal dispute resolution is unsuccessful, any remaining disputes shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in Delaware, and judgment on the arbitration award may be entered in any court having jurisdiction.

12.4 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, no dispute shall be arbitrated on a class-action basis, and you waive any right to participate in a class-action lawsuit or class-wide arbitration.

13. International Use

The Service is controlled and operated from our facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

14. Termination

These Terms remain in full force and effect while you use the Service. We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination:

  • Your right to use the Service will immediately cease
  • We may delete your account and all associated data
  • Sections of these Terms that by their nature should survive termination shall survive

15. Severability and Waiver

15.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be replaced with a valid provision that most closely approximates the intent and economic effect of the invalid provision.

15.2 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Persona Plus regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

17. Contact Information

Questions, comments, or concerns about these Terms should be directed to:

18. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

Disclaimer: These Terms and Conditions are provided for informational purposes and do not constitute legal advice. They describe our general terms of service. For specific legal questions, please consult with a qualified attorney. We recommend that you periodically review these Terms for any updates or changes.