This Master Services Agreement (“Agreement”) is between Personæ (“Personæ,” “we,” “us”) and the customer who accepts it at signature (“Customer,” “you”).
Personæ creates, hosts, and delivers AI-generated video and voice “Digital Identities” and related messaging assets (the “Services”) as described in your selected plan or order, which may include a spokesperson library, per-location versions (Personæ Fleet), and a hosted delivery link. We retain discretion over production methods, tools, and models. Fleet / multi-location engagements cover the locations stated in your order.
We may create AI-generated recreations of the face, likeness, and/or voice of individuals you designate (“Depicted Persons”).
You represent and warrant that, for each Depicted Person, you have obtained that person’s prior, written, informed consent to (a) the creation of an AI-generated likeness and voice, (b) its use in your marketing and communications, and (c) Personæ’s processing for those purposes — and you will retain and provide proof of such consent on request.
You will not designate any Depicted Person without such consent, and you are solely responsible for compliance with right-of-publicity, likeness, biometric, and AI-disclosure laws (including Texas law and, where applicable, California Civil Code §3344 and comparable statutes). You will include any AI-disclosure legally required where content is shown. You will indemnify and hold Personæ harmless from any claim arising from a Depicted Person’s likeness/voice, lack of consent, or your content or use (see §9).
You will provide accurate business and personnel information; secure the consents in §2; supply brand assets you have the right to use; review and approve scripts/content; and use the Services lawfully (§6).
You pay the flat fee in your order (no revenue share), billed via our payment processor (Stripe) on the stated cadence, and you authorize recurring monthly charges until cancelled per §5. Fees are non-refundable except as required by law or expressly stated. Provisioning begins after signature and first successful payment. We may suspend the Services after notice and a cure period for non-payment.
Your plan renews monthly and auto-renews until cancelled with 30 days’ notice. Either party may terminate for uncured material breach after 15 days’ written notice. On termination we cease the Services and take down hosted assets within a commercially reasonable period. Sections 2, 7, 8, 9, 10, and 12 survive termination.
You will not use the Services for anything unlawful, deceptive, harassing, or that impersonates a person without consent; you will comply with applicable communications laws (e.g., CAN-SPAM, and TCPA/10DLC where texting through your own platforms); and you will not misrepresent AI content where disclosure is required.
Personæ owns all rights in its platform, technology, models, and methods. You own your pre-existing brand assets and grant us a license to use them to provide the Services. We grant you a limited, non-exclusive, non-transferable license to use the delivered Digital Identity assets for your own marketing during the Term.
Each party protects the other’s non-public information. Personæ handles your data per its Privacy Policy and applicable law.
You indemnify Personæ against claims arising from Depicted-Person consent/likeness, your content, your use of the Services, or your breach of §2 or §6. Personæ indemnifies you against third-party claims that the Personæ platform itself infringes a U.S. IP right (excluding your materials and Depicted-Person matters).
We perform the Services in a professional manner. No results guarantee: Personæ guarantees the engagement it delivers (personal video responses to your leads/customers), not any specific business outcome, sales figure, or percentage lift. Industry benchmarks are context, not promises; results vary. Except as stated, the Services are provided “as is,” and Personæ disclaims all other warranties to the extent permitted by law.
To the extent permitted by law, neither party is liable for indirect or consequential damages, and Personæ’s total liability is capped at the fees you paid in the 12 months before the claim (except your §2/§9 obligations).
Governing law: State of Texas. This is the entire agreement; amendments must be in writing (electronic acceptance counts). No assignment without consent (except to a successor or acquirer). Notices go to the emails on file. If any provision is unenforceable, the rest survives.
By typing your name and submitting at signup, you agree this constitutes a legally binding electronic signature under the U.S. E-SIGN Act and applicable Texas law, and that you are authorized to bind the Customer. Your name, the agreement version, timestamp, and IP are recorded.