Terms of Service

These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("you", "your", "User") and PersonaCall ("we", "us", "our", "Company") governing your use of the PersonaCall website, mobile applications, platform, and services (collectively, the "Services"). By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

IMPORTANT: These Terms contain a binding arbitration clause and class action waiver that affect your legal rights. Please read Section 17 carefully.

1. Agreement to Terms

1.1 Acceptance

By creating an account, accessing, or using PersonaCall Services, you agree to be bound by these Terms, our Privacy Policy, and any additional terms applicable to specific features or services. If you do not agree to these Terms, you must not access or use our Services.

1.2 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

1.3 Business Use

If you are using our Services for business purposes or on behalf of an employer, both you and your organization agree to these Terms. Your organization agrees to hold harmless and indemnify PersonaCall from any claims related to your use of the Services.

2. Description of Service

2.1 Service Overview

PersonaCall is an AI-powered conversation practice platform designed to help professionals improve their communication skills through simulated interactions with AI personas. Our Services include:

• AI-powered conversation simulations
• Customizable practice scenarios
• Performance analytics and feedback
• Progress tracking and reporting
• Educational resources and training materials
• Integration capabilities with third-party tools

2.2 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any aspect of our Services at any time
• Impose limits on certain features or restrict access to parts or all of the Services
• Change our subscription plans, features, or pricing with reasonable notice
• Update our AI models and algorithms without notice

We will make reasonable efforts to notify you of material changes that may affect your use of the Services.

2.3 Beta Features

We may offer access to beta features or services. These are provided "as is" without warranties and may be discontinued at any time. Your use of beta features is subject to any additional terms we provide.

3. User Accounts

3.1 Account Registration

To access certain features of PersonaCall, you must register for an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Choose a strong, unique password
• Accept responsibility for all activities under your account
• Not share your account credentials with others
• Not create accounts for unauthorized purposes or using automated means

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any:

• Unauthorized access to your account
• Security breach or vulnerability you discover
• Loss or compromise of your password

3.3 Account Termination

We reserve the right to suspend or terminate accounts that:

• Violate these Terms or our policies
• Have been inactive for an extended period
• Engage in fraudulent or illegal activities
• Harm or may harm PersonaCall, our users, or third parties

4. Subscriptions and Payment

4.1 Subscription Plans

PersonaCall offers various subscription plans with different features and usage limits. Details of current plans are available on our pricing page. By subscribing to a paid plan, you agree to pay all applicable fees.

4.2 Billing and Renewal

• Subscription fees are billed in advance on a recurring basis (monthly or annually)
• Your subscription will automatically renew unless canceled before the renewal date
• We will attempt to charge your payment method on file for renewals
• You are responsible for keeping your payment information current
• If payment fails, we may suspend your access to paid features

4.3 Pricing Changes

We may change our pricing with at least 30 days' notice. Pricing changes will take effect at the start of your next billing cycle. Continued use of the Services after a price change constitutes acceptance of the new pricing.

4.4 Refunds and Cancellations

• You may cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of the current billing period
• No refunds or credits for partial periods, except as required by law
• Annual plans canceled mid-term are not eligible for refunds
• We may offer refunds at our sole discretion

4.5 Taxes

Subscription fees do not include taxes. You are responsible for all applicable taxes, and we will charge tax when required by law.

5. Acceptable Use Policy

5.1 Prohibited Uses

You agree not to use PersonaCall to:

• Violate any applicable laws, regulations, or third-party rights
• Engage in any form of harassment, abuse, or harmful behavior
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or other harmful code
• Attempt to gain unauthorized access to our systems or user accounts
• Interfere with or disrupt the Services or servers
• Circumvent any content filtering or security measures
• Use automated means to access the Services without permission
• Collect or harvest user data without authorization
• Engage in any commercial activity not expressly permitted
• Reverse engineer, decompile, or disassemble any part of the Services
• Create derivative works based on the Services
• Use the Services to develop competing products

5.2 Content Standards

All content you submit must:

• Be accurate and truthful
• Comply with applicable laws and regulations
• Not infringe on third-party intellectual property rights
• Not contain hate speech, threats, or discriminatory content
• Not include explicit, offensive, or inappropriate material
• Be appropriate for a professional environment

5.3 Enforcement

Violations of this policy may result in:

• Removal of content
• Suspension or termination of account access
• Legal action if warranted
• Reporting to law enforcement authorities

6. User Content and Licensing

6.1 Your Content

"User Content" includes all content you create, upload, or share through our Services, including:

• Voice and video recordings
• Text inputs and responses
• Custom scenarios and prompts
• Feedback and evaluations
• Profile information
• Any other materials you submit

6.2 Ownership and License

You retain ownership of your User Content. However, by submitting User Content, you grant PersonaCall a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to:

• Use, reproduce, modify, and adapt your User Content
• Create derivative works based on your User Content
• Display and distribute your User Content within the Services
• Analyze your User Content to improve our Services
• Use anonymized or aggregated data for research and development
• Train and improve our AI models using anonymized data

6.3 Content Representations

You represent and warrant that:

• You own or have rights to use all User Content you submit
• Your User Content does not violate any third-party rights
• Your User Content complies with these Terms
• You have obtained necessary consents for any personal information in your User Content

6.4 Feedback

Any feedback, suggestions, or ideas you provide about our Services become our property. We may use this feedback without compensation or attribution to you.

7. Intellectual Property Rights

7.1 PersonaCall Property

All content, features, and functionality of PersonaCall Services, including but not limited to:

• Software, code, and algorithms
• Text, graphics, logos, and images
• Audio and video content
• AI models and training data
• User interface designs
• Trademarks and service marks

are owned by PersonaCall or our licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes in accordance with these Terms.

7.3 Restrictions

You may not:

• Copy, modify, or create derivative works of our Services
• Distribute, sell, lease, or sublicense any part of our Services
• Use our trademarks without written permission
• Remove or alter any proprietary notices
• Access our Services to build a competitive product

8. Third-Party Services and Content

8.1 Third-Party Integrations

Our Services may integrate with or link to third-party services, websites, or content. We do not control and are not responsible for these third-party offerings. Your use of third-party services is governed by their terms and policies.

8.2 Third-Party Content

We may display content from third parties. We do not endorse or guarantee the accuracy of such content. You access third-party content at your own risk.

9. Privacy and Data Protection

9.1 Privacy Policy

Your use of our Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using our Services, you consent to our data practices as described in the Privacy Policy.

9.2 Data Security

While we implement security measures to protect your data, no system is completely secure. You acknowledge the inherent risks of providing information online.

9.3 International Data Transfer

Your information may be transferred to and processed in countries other than your own. By using our Services, you consent to such transfers.

10. Disclaimers and Limitations

10.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Services will meet your requirements
• The Services will be uninterrupted, secure, or error-free
• The results obtained will be accurate or reliable
• Any errors will be corrected

10.2 AI Limitations

You acknowledge that:

• AI-generated content may contain errors or inaccuracies
• AI responses are not a substitute for professional advice
• AI performance may vary based on inputs and contexts
• We do not guarantee specific outcomes from using our Services

10.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONACALL AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR:

• ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• ANY LOSS OF PROFITS, REVENUE, DATA, OR USE
• ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICES
• ANY DAMAGES RELATED TO USER CONTENT OR THIRD-PARTY CONTENT

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM.

10.4 Exceptions

Some jurisdictions do not allow certain warranty disclaimers or liability limitations. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless PersonaCall and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any rights of another party
• Your User Content
• Any misrepresentation made by you

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

12. Termination

12.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your settings
• Contacting our support team
• Canceling your subscription (which takes effect at the end of the billing period)

12.2 Termination by Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Provide false or misleading information
• Engage in fraudulent activities
• Create risk or legal exposure for us
• Violate applicable laws

12.3 Effect of Termination

Upon termination:

• Your right to use the Services ceases immediately
• We may delete your account and User Content
• You remain liable for any outstanding payments
• Provisions that should survive termination will remain in effect

13. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms with a new "Last Updated" date
• Sending an email to registered users
• Displaying a notice in the Services

Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms. If you do not agree with the changes, you must stop using the Services.

14. Export Controls

You may not use, export, or re-export our Services in violation of U.S. export laws and regulations or the laws of your jurisdiction. You represent that you are not on any U.S. government list of prohibited or restricted parties.

15. U.S. Government Rights

If you are a U.S. government end user, our Services are "Commercial Items" as defined in 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation," with rights limited to those typically provided to commercial end users.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional terms for specific features, constitute the entire agreement between you and PersonaCall regarding the Services.

16.2 Severability

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

16.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

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

16.5 Force Majeure

We will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

16.6 Notices

We may provide notices to you via email, through the Services, or by other legally acceptable means. You must provide notices to us via email at the address specified in the Contact section.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of the State of California, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Informal Resolution

Before filing a claim, you agree to try to resolve disputes informally by contacting us at support@personacall.com. We will attempt to resolve disputes informally for at least 60 days.

17.3 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

If we cannot resolve a dispute informally, any dispute arising from these Terms or your use of the Services will be resolved through binding individual arbitration, except as provided below. The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules.

• The arbitration will be conducted in English
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court of competent jurisdiction
• Each party will bear its own costs, except as provided by AAA rules

17.4 Class Action Waiver

YOU AND PERSONACALL 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. The arbitrator may not consolidate multiple persons' claims or engage in any class arbitration.

17.5 Exceptions

The following disputes are not subject to arbitration:

• Disputes related to intellectual property rights
• Claims for injunctive or equitable relief
• Small claims court actions within that court's jurisdiction

17.6 Opt-Out

You may opt out of arbitration by sending written notice to us within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you want to opt out of arbitration.

18. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us:

• Email: support@personacall.com
• Legal Inquiries: support@personacall.com
• Online Form: Available at personacall.com/contact

For the quickest response, please use email and include "Terms of Service" in your subject line.

19. Accessibility

We are committed to ensuring our Terms of Service are accessible to all users. If you need these Terms in an alternative format due to a disability, please contact us, and we will provide them in a format that meets your needs.