Terms and conditions

IMPORTANT — READ CAREFULLY: BY CREATING AN ACCOUNT OR UTILIZING THE PERSONALIVE.AI WEBSITE OR SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.

Personalive.ai ("Personalive," "We," "Our," "Us") owns and operates the website www.personalive.ai (the "Website"), which provides access to our Products and Services and supports the use of a single Personalive account. The Website is an AI-driven platform designed for professionals in marketing and research, including but not limited to brand managers, market analysts, researchers, and other marketing stakeholders (collectively referred to as "Users," "You," "Your").

Our Products and Services enable the generation, management, and analysis of hyperrealistic personas using proprietary AI technology to deliver enhanced customer insights.

For the purposes of these Terms:

• "Subscriber" refers to the organization or entity subscribing to the Services.
• "Users" refers to individuals authorized by the Subscriber to access the Services.
• "Subscriber Data" refers to all data submitted to or processed through the Services by or on behalf of the Subscriber.
• "Administrator" refers to the designated representative responsible for managing the Subscriber's account.

Your use of Personalive is governed by the following terms and conditions of use (the "Terms"). By accessing or using our Website, Products, or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Disclaimer Regarding Personas

All personas generated by Personalive.ai are entirely fictional and created using AI technology. These personas may originate from various sources of seed information (e.g., general demographic data or behavioral patterns) and are further enriched by our proprietary AI algorithms. Unless explicitly labeled as "REAL," these personas do not correspond to any real individual, living or deceased. Additionally, any names assigned to these personas are fictional and bear no relation to actual human names or identities.

1. BASIC TERMS

• 1.1 Binding Agreement: These Terms constitute a legally binding agreement between you and Personalive. By visiting the Website or using any Personalive Products or Services, you accept these Terms.
  
• 1.2 Eligibility: You must be at least 18 years old to use our Services. If using the Services on behalf of an entity, you - represent and warrant that you are authorized to bind that entity.
  
• 1.3 Compliance: Your use of the Website and Personalive Products and Services must comply with these Terms and all applicable laws, regulations, and rules.
  
• 1.4 Additional Agreements: Certain Services may require you to accept additional terms or agreements with Personalive or third-party providers.
  
• 1.5 Updates to Terms: Personalive reserves the right to update these Terms by posting revisions on the Website. Continued access or use of the Services after updates constitutes acceptance of the revised Terms.
  
• 1.6 Termination: Personalive reserves the right to terminate these Terms or restrict access to its Services at its sole discretion without prior notice.

2. PRIVACY

• Your use of the Website and Personalive Products and Services may involve the transmission of personally identifiable information ("Personal Information") to Personalive. Personalive’s policies regarding the collection, use, and protection of Personal Information are outlined in its current Privacy Policy, located at https://www.personalive.ai/privacy-policy(the "Privacy Policy"). By using the Website or Personalive Products and Services, you agree to the terms of the Privacy Policy, which is incorporated into these Terms by reference.

3. ELECTRONIC COMMUNICATIONS

• When you access the Website, use Personalive Products and Services, or communicate with Personalive via email, you consent to receive communications from Personalive electronically. Personalive will communicate with you through email, notices posted on the Website, or other electronic communication methods.

4. Registration and Account Management

• 4.1 Account Creation: To access certain features, you must create an account using accurate and complete information, including your legal name and email address. You are responsible for maintaining and updating this information.
  
• 4.2 Account Security: You are responsible for maintaining the confidentiality of your credentials and are liable for activities under your account.
  
• 4.3 Account Management: Personalive reserves the right to modify, suspend, or terminate accounts at its discretion.

5. Use of the Service

• 5.1 License Grant: Subscribers are granted a limited, revocable license to use the Services during the subscription term. This license does not confer ownership.
• 5.2 Modifications: Personalive may modify or discontinue features at its sole discretion, providing advance notice when feasible.
• 5.3 User Responsibilities: Subscribers are responsible for all activities conducted under their accounts and must ensure compliance with these Terms and all applicable laws.
• 5.4 Access Control:
  • Restrict access to authorized Users.
  • Prevent account sharing.
  • Notify Personalive of unauthorized access or employment changes requiring account termination.
• 5.5 Usage Limits: Subscribers must comply with usage limits specified in the Acceptable Use Policy.
• 5.6 Security Measures: Subscribers must implement reasonable measures to safeguard access to the Services.

6. Accessing the Service

• 6.1 Administrator Role: Subscribers must appoint an Administrator responsible for account management, including user permissions.
  
• 6.2 Administrator Responsibilities: Administrator accounts are non-transferable except when formally reassigned.

7. Data Rights and Responsibilities

• 7.1 Ownership: Subscribers retain ownership of all Subscriber Data.
  
• 7.2 Data Use License: By submitting data, Subscribers grant Personalive a non-exclusive license to host, process, and use Subscriber Data to deliver Services.
  
• 7.3 Data Accuracy: Subscribers are responsible for the legality, accuracy, and source of their data.
  
• 7.4 Aggregated Analytics: Subscribers permit Personalive to process anonymized and aggregated Subscriber Data for service improvements, ensuring that:
  • No personally identifiable information is included.
  • Subscriber or user identities are not disclosed.
  • Data is not used to develop competing services.
  • Processing complies with applicable laws.
• 7.5 Data Compliance: Subscribers warrant that they have the necessary rights to provide data and ensure compliance with data protection laws.

8. Billing and Payments

• 8.1 Membership Plans and Payments
  If you purchase a membership plan or any additional services offered by Personalive, whether on a one-time or subscription basis, you agree to:
  • Personalive storing your payment or credit card information.
  • Paying all applicable fees, including any taxes, as they become due.
  • Reimbursing Personalive for collection costs and interest on overdue amounts.
• Your obligation to pay continues through the end of the current subscription period, even if you cancel your subscription during that period.
  
• 8.2 Recurring Payments
  By purchasing Personalive Products and Services, you agree to recurring monthly payments on your account. You may cancel your subscription at any time by contacting support@ilambda.ai.
  
• 8.3 Paid Plan Features and Upgrades
  Additional features may be made available as paid upgrades ("Paid Plans"). If you choose to subscribe to a Paid Plan, you agree to pay the fees associated with that plan.
  
• 8.4 Payment Platform and Accepted Methods
  Personalive uses Stripe as its payment platform, which securely processes billions of dollars globally each year. Accepted payment methods include:
  • Credit cards
  • Debit cards
  • ACH payments (U.S. only) All fees are quoted and payable in U.S. dollars. Subscription fees may be billed on a monthly, quarterly, or yearly basis, depending on your chosen plan.
    
• 8.5 Billing Data Responsibilities
  To maintain your account, you must provide current, complete, and accurate billing information ("Billing Data"). This includes updates to:
  • Billing address
  • Credit card number
  • Credit card expiration date
• If your payment method changes (e.g., due to loss or theft) or you become aware of a security breach (e.g., unauthorized use of your credentials), you must promptly notify Personalive. If you fail to update your billing information, Personalive reserves the right to continue charging your account until you terminate your subscription.
  
• 8.6 Subscription Fee Charges
  
  • Monthly Plan: Your credit card will be charged on the same date each month as your sign-up date.
  • Quarterly Plan: Your credit card will be charged every three months on the corresponding sign-up date.
  • Yearly Plan: Your credit card will be charged annually on the sign-up date. You authorize Personalive to charge your credit card for all amounts due, including any outstanding fees, until your subscription is canceled.
    
• 8.7 Price Changes
  Personalive may adjust prices at any time. Reasonable advance notice of price changes will be provided via email or on the Personalive website.
  
• 8.8 Unsuccessful Payments
  If Personalive cannot collect the subscription fee, we may take steps to recover the owed amounts, including but not limited to:
  • Suspending or downgrading your account.
  • Initiating collection procedures, for which you will be responsible for all associated costs, including collection fees and attorney fees.
    
• 8.9 Subscription Continuitys
  As long as your account remains active and in good standing, subscription fees will be charged, even if you do not use the Services.
  
• 8.10 Cancellation Policys
  You may cancel your Paid Plan at any time by contacting support@iLambda.ai. Your subscription will remain active until the end of the current billing cycle, and no refunds will be issued for unused time.

9. Breach, Suspension, Cancellation, and Termination

• 9.1 Overdue Payments
  If your subscription fee payment is overdue, Personalive reserves the right to downgrade or suspend your Paid Plan without prior notice. This may result in the loss of your data.
  
• 9.2 Termination by Personalive
  Personalive may, at its sole discretion, terminate the Service, this Agreement, or your account at any time, with or without cause or notice. In the event of suspension or termination:Your account will be disabled.
  
  • You may lose access to your account, files, or other content, including User Content.
    
  • Personalive may delete your User Content, although residual copies may remain in backup systems temporarily.
    
  • Personalive reserves the right to withdraw and reallocate your account's public web address.
    
• 9.3 Termination by the User
  If you terminate your account via the Website, email, or phone, and request the deletion of your User Content, Personalive will make reasonable efforts to delete your files and content from its systems.

10. Refunds

• Subscription fees (monthly, quarterly, or yearly) are non-refundable. This includes:
  • Fees paid for unused months.
  • Fees associated with upgrades or downgrades.
    
• Personalive provides mechanisms for canceling Paid Plans through the Website.

11. Representations and Warranties

• 11.1 User Content
  You represent and warrant that any content you submit to Personalive, use, or post on the Website:

  • Is owned by you or you have written permission to use such content.
  • Does not infringe upon third-party rights (e.g., copyrights, trademarks, privacy, or proprietary rights).
  • Does not contain defamatory, unlawful, or otherwise objectionable material.
  • Depicts any person's likeness only if you have obtained their written consent to share such likeness publicly.

  11.2 Prohibited Activities
  You warrant that your User Content will not:

  • Transmit spam, junk emails, or phishing schemes.
  • Contain malicious software, viruses, or harmful programs.
  • Be used for unauthorized commercial purposes, such as advertising or selling goods or services.

12. Restrictions on Use of Personalive

• You agree not to:
  12.1 Access, tamper with, or use non-public areas of the Website or Personalive systems.
  12.2 Probe, scan, or test the vulnerability of any system or breach security measures.
  12.3 Access or search the Website or Services through automated means other than Personalive's approved interfaces.
  12.4 Forge headers or manipulate source-identifying information in emails or postings.
  12.5 Interfere with or disrupt the Services, including overloading, spamming, or mail-bombing.
  

13. Termination of Terms

• 13.1 By the User
  You may terminate your agreement with Personalive at any time by deactivating your account and discontinuing use of the Services. Paid subscriptions will remain active until the end of the current billing cycle unless canceled at support@ilambda.ai.
  13.2 By Personalive
  Personalive may terminate or suspend your account or the provision of Services for any reason, including:
  • Breach of these Terms.
  • Risk or legal exposure to Personalive.
  • Services becoming commercially unviable. In such cases, Personalive will make reasonable efforts to notify you via your registered email or during your next account access attempt.
    
• 13.3 Survival of Terms
  The following sections survive termination: Restrictions on Use, Disclaimer of Warranties, Limitation of Liability, Representations and Warranties, Indemnification, Disputes, and Applicable Law.

14. Disclaimer of Warranties and Limitation of Liability

• 14.1 Disclaimer of Warranties
  The Website and Services are provided "AS-IS" and "AS AVAILABLE," without warranties of any kind. Personalive disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.
• 14.2 No Guarantee
  Personalive makes no warranty regarding:
  • The completeness, accuracy, or reliability of the Services or Website.
  • The uninterrupted or error-free operation of the Services.
  • The prevention of harm to your systems or loss of data.
    
• 14.3 Third-Party Links
  Personalive may include links to third-party resources. Personalive is not responsible for the content or availability of these resources. Your use of such links is at your own risk.
  
• 14.4 Limitation of Liability
  To the fullest extent permitted by law, Personalive is not liable for:
  • Indirect, incidental, or consequential damages.
  • Loss of data, revenue, or goodwill.
  • Unauthorized access, use, or alteration of your content or transmissions.

15. INDEMNIFICATION

• You agree to defend, indemnify, and hold the Personalive Entities harmless from and against any claims, actions, demands, orders, costs, and expenses (collectively "Costs"), including, without limitation, reasonable legal and accounting fees and costs, arising or resulting from: (i) Your breach of these Terms; (ii) Your access to, use, or misuse of the Website, and/or Personalive Products and Services; (iii) the use, publication, republication, distribution, dissemination or display of any User Content You post or repost, or distribute or disseminate, through or in connection with the Website; or (iv) Your violation of any third-party right, including without limitation any intellectual property, or privacy right.

16. WAIVER AND SEVERABILITY

• The failure of Personalive to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

17. DISPUTES

• Binding Arbitration

• In the event of a dispute arising under or relating to the Terms, the Website, the Personalive Products and Services, or any other products or services provided by Personalive (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in or outside of the State of Ohio may enforce the arbitrator's award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the State of Ohio. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, Personalive may litigate in court to seek injunctive relief.

• Class Action Waiver

• You agree that any arbitration or proceeding shall be limited to the Dispute between Personalive and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST Personalive ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

18. APPLICABLE LAW

• By accessing or using the Website, the Personalive Products and Services, or any other products or services provided by Personalive, You agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Ohio, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and Personalive.