Welcome to PersonaOn. These Terms of Use (the "Terms") form a binding contract between you and 1001454451 Ontario Inc., carrying on business as "PersonaOn" ("PersonaOn," "we," "us," or "our") and govern your use of our websites, applications, APIs, AI Personas, and related services (collectively, the "Services"). If you create or operate AI Personas on the platform, additional terms apply to you under our Creator Terms.
By accessing or using the Services in any manner, you agree to these Terms in full. If you do not agree, do not use the Services.
These Terms incorporate by reference our Privacy Policy, our Biometric Consent Form (where applicable to you), and any policies, community guidelines, or supplemental terms we publish from time to time.
Please read carefully. These Terms include important provisions about how disputes are resolved, our limitation of liability, and your responsibilities when using AI-generated content. Quebec consumers retain all rights under the Quebec Consumer Protection Act, which apply notwithstanding anything in these Terms. Nothing in these Terms limits any rights you have under applicable consumer protection law.
Overview
Changes to These Terms
We may update these Terms as the Services evolve. We will provide notice of material changes by posting the revised Terms on the Services, sending email notice (where you have provided an address), or other reasonable means. Continued use after the effective date of a change constitutes acceptance. If you do not agree to a change, your remedy is to stop using the Services. Other than as described above, no modification of these Terms is effective unless it is in writing and signed by an authorized representative of PersonaOn.
Privacy
Our Privacy Policy describes how we handle Personal Information about you. By using the Services, you acknowledge the practices described in the Privacy Policy.
Children
The Services are not directed to children under 13 (or under 16 in the EEA, UK, and Switzerland), and we do not knowingly collect Personal Information from such children.
Accounts and Use
Eligibility and Account Registration
To use most features of the Services you must register an account. You must be at least 13 years old (or 16 in the EEA, UK, or Switzerland) and otherwise legally able to enter into a contract under the law of your province or country of residence. If you are using the Services on behalf of an organization, you represent that you are authorized to bind that organization, and references to "you" include the organization.
You agree to provide accurate, current, and complete information when registering and to keep it up to date. You may not impersonate another person, register on behalf of someone else without authority, or transfer your account to another person without our written consent. You are responsible for safeguarding your password and for all activity occurring under your account, and you must notify us promptly of any suspected unauthorized access.
You may be able to register or sign in using a third-party identity provider (such as Google or Apple). If you do, you authorize us to access information from that provider as governed by your settings on that provider, and you remain subject to that provider's terms.
Communications
By signing up for the Services, you agree to receive operational and security messages necessary to deliver the Services (for example, account verification, billing notices, and security alerts).
In accordance with the Canadian Anti-Spam Legislation ("CASL"), we will only send commercial electronic messages with your express or implied consent (where consent is implied by law). You may unsubscribe from commercial messages at any time using the unsubscribe link in the message or in your account settings. We will honour unsubscribe requests within ten business days, as required by CASL.
If you provide a phone number, you consent to receive text messages from PersonaOn at that number regarding the Services. Standard message and data rates may apply. You represent that any phone number or email address you provide is yours or that you are authorized to register it.
Voice and Audio
When you interact with a Persona, audio of your voice may be captured and transmitted to enable speech-to-text recognition, transcript generation, and natural conversation. We do not generate a voiceprint of you intended to identify you, except where you are a Creator who has signed our Biometric Consent Form for the purpose of building a synthetic voice for your own Persona. Audio is processed by our subprocessors (which include third-party speech recognition and voice synthesis providers) and is retained as described in our Privacy Policy.
Acceptable Use
You agree not to use the Services, and not to provide any content (including User Submissions, as defined below), in any manner that:
(a) infringes or misappropriates the intellectual property, privacy, publicity, moral rights, or other rights of any person, including PersonaOn;
(b) violates any law or regulation of Canada, your province of residence, or any other applicable jurisdiction, including export control, privacy, securities, anti-spam, anti-discrimination, telemarketing, or consumer protection laws;
(c) is fraudulent, deceptive, defamatory, threatening, harassing, abusive, hateful, or harmful to minors;
(d) contains sexually explicit material, gratuitous violence, or content that promotes or facilitates self-harm, terrorism, or other unlawful conduct;
(e) impersonates any person, including any public figure, in a manner that is deceptive or unlawful, or creates a synthetic likeness or voice of a real person without that person's verifiable consent and lawful authority;
(f) circumvents, disables, or interferes with security or access controls, or attempts to gain unauthorized access to any account, system, or data;
(g) introduces malware, scripts, automated agents, scrapers, crawlers, or other tools designed to overload, disable, or interfere with the Services, except as we expressly permit (for example, through a published API);
(h) uses Output (as defined below) or any portion of the Services to develop, train, or improve a competing AI agent, language model, or related product or service, including by means of model extraction or distillation;
(i) reverse-engineers, decompiles, or attempts to derive source code, model weights, training data, or trade secrets of the Services, except to the extent applicable law expressly permits;
(j) collects or harvests Personal Information of other users, or sends unsolicited commercial communications;
(k) resells, sublicenses, leases, time-shares, or otherwise commercially exploits the Services or any Output, except as expressly permitted in these Terms or by separate written agreement; or
(l) facilitates any of the foregoing.
We may investigate and take action in response to suspected violations, including suspending or terminating accounts, removing content, cooperating with law enforcement, and pursuing other legal remedies. We are not obligated to monitor User Submissions or Output, but we may do so.
Content and Rights
Our Content
The Services and the content we make available through them — including text, software, graphics, audio, video, designs, logos, and other materials (collectively, "PersonaOn Content") — are owned by PersonaOn or our licensors and are protected by copyright, trademark, and other intellectual property laws (including under the Canadian Copyright Act and Trademarks Act). Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Services and PersonaOn Content for your personal or internal business purposes, as the Services are intended to be used. All rights not expressly granted are reserved.
User Submissions
"User Submission" means any content you upload, submit, transmit, or otherwise provide through the Services, including profile information, messages to Personas, prompts, audio, photos, videos, files, and feedback.
You retain ownership rights in your User Submissions. By submitting them, you grant PersonaOn and our service providers a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence to host, store, reproduce, modify (for technical purposes such as formatting and resizing), display, perform, and distribute your User Submissions to the extent necessary to operate, provide, secure, support, and improve the Services and to enforce these Terms. Where you make a User Submission visible to other users, the licence also covers display and distribution to those other users. Where you provide feedback, suggestions, or feature requests, you grant us a perpetual, irrevocable, royalty-free licence to use them for any purpose without obligation to you.
To the extent applicable law (including section 14.1 of the Canadian Copyright Act) permits, you waive any moral rights in your User Submissions in favour of PersonaOn and persons authorized by PersonaOn, to the extent necessary for us to exercise the licence granted above.
You represent and warrant that (i) you own or have all necessary rights to your User Submissions and to grant the licences above, and (ii) your User Submissions and our use of them as permitted will not violate any law or any third party's rights.
We may, but are not obligated to, monitor, review, screen, or remove User Submissions. We may remove any User Submission and suspend or terminate any account at any time and without notice if we believe a violation has occurred.
Outputs
"Output" means content generated by a Persona in response to a prompt, message, or other input. As between you and PersonaOn, and subject to these Terms and any rights of the Creator who operates the relevant Persona, you may use Output you generate for your own lawful, personal, or internal business purposes. Because Outputs are generated by AI, they may be inaccurate, incomplete, biased, offensive, or otherwise inappropriate, and similar Outputs may be generated for other users. Outputs are not professional advice. Do not rely on Outputs for medical, legal, financial, mental-health, safety-critical, or other consequential decisions without independent verification by a qualified professional.
You will not use Output to (a) impersonate a real person without lawful authority, (b) generate synthetic media that violates any person's right of publicity, (c) train or improve any AI model that competes with the Services, or (d) take any action prohibited by the Acceptable Use rules above.
Copyright Complaints
If you believe content on the Services infringes your copyright, please send a notice meeting the requirements of the Copyright Act (Canada) or the U.S. Digital Millennium Copyright Act, as applicable, to our designated agent at admin@personaon.com with subject "Copyright Notice." We will investigate, may remove allegedly infringing content, and may terminate the accounts of repeat infringers in appropriate circumstances. We follow the "notice and notice" regime under sections 41.25 and 41.26 of the Canadian Copyright Act for Canadian-based notices.
Responsibility for Content and Conduct
Each user is solely responsible for the User Submissions they post and the Output they generate. You access and rely on User Submissions and Outputs at your own risk. PersonaOn does not endorse and is not responsible for User Submissions or Outputs, and we are not a party to any communications or transactions between you and other users (including Creators).
The Services may contain links to third-party websites, products, or services. We do not control and are not responsible for them. Your interactions with third parties (including Creators) are solely between you and them. To the maximum extent permitted by law, you release us from any claims, damages, and liabilities arising out of those interactions.
Service, Billing, and Termination
Changes to the Services
We are continuously improving the Services and may modify, suspend, or discontinue them, in whole or in part, at any time, with or without notice. Where we materially reduce functionality you have paid for, we will use reasonable efforts to provide advance notice. Outputs and User Submissions associated with discontinued features may become unavailable.
Pricing and Paid Features
Some features of the Services are offered free of charge; others are available only to paid subscribers ("Paid Features"). Pricing, billing cycles, and feature inclusions for Paid Features are described at /pricing and at the point of purchase. Pricing is subject to change with prospective effect; we will give notice of pricing changes that apply to existing subscriptions before the next renewal.
All fees are in Canadian dollars unless otherwise stated, and are exclusive of applicable taxes (including HST/GST/QST). Where required by law, we will collect and remit such taxes on your behalf.
Payment
We use third-party payment processors (currently Stripe, Inc.) to process payments. By providing payment information, you authorize us and our processor to charge your selected payment method for all amounts due, including applicable taxes. You agree to keep payment information current. If a charge is declined, we may suspend Paid Features until payment is received. Stripe's terms and privacy policy govern its handling of payment information.
Auto-Renewal
Subscription Paid Features automatically renew at the end of each billing period at the then-current rate, unless you cancel before the renewal date. You can cancel renewals at any time in your account settings or by contacting admin@personaon.com. Cancellations take effect at the end of the current billing period; we do not provide prorated refunds for partial periods, except where required by law.
Quebec residents: as required by the Consumer Protection Act, we will provide you with a renewal notice in writing not less than 30 days and not more than 60 days before the end of any fixed-term contract that contains an automatic renewal clause. You may cancel a fixed-term contract at any time consistent with that Act, and additional rights may apply under sections 230 to 254 of that Act.
Ontario, Alberta, and BC residents: consumer protection legislation in your province may provide cancellation, cooling-off, and refund rights that supplement these Terms. Nothing in these Terms limits those rights.
Free Trials and Promotions
If we offer a free trial or promotional discount, you must cancel before the end of the promotional period to avoid being charged at the regular rate. Promotional terms are subject to additional restrictions presented at the time of the offer.
Termination by You
You may stop using the Services at any time and may delete your account through account settings or by contacting admin@personaon.com. Termination does not entitle you to a refund of fees already paid (except where required by law), and you remain responsible for any outstanding amounts.
Termination by Us
We may suspend or terminate your access to the Services at any time, with or without notice, if (a) we believe you have violated these Terms; (b) we are required to do so by law; (c) we discontinue the Services or any portion of them; (d) your continued use poses a security or legal risk; or (e) you have not paid amounts due. On termination, your right to use the Services ends, but provisions that by their nature should survive — including those regarding ownership, licences to feedback, payment obligations, indemnities, disclaimers, limitations of liability, and dispute resolution — will survive.
Legal
Disclaimer of Warranties
To the maximum extent permitted by law, the Services, PersonaOn Content, and Outputs are provided on an "as is" and "as available" basis, without warranties, conditions, or representations of any kind, whether express, implied, statutory, or otherwise. We disclaim, to the maximum extent permitted by law, all warranties, conditions, and representations of merchantability, fitness for a particular purpose, durability, non-infringement, accuracy, and quiet enjoyment, and any warranties or conditions arising from a course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that Outputs will be accurate, complete, reliable, or appropriate for your purposes.
Nothing in these Terms excludes, restricts, or modifies any condition, warranty, guarantee, right, or remedy implied by applicable consumer protection law (including the Consumer Protection Act (Quebec), the Consumer Protection Act, 2002 (Ontario), Alberta's Fair Trading Act, and BC's Business Practices and Consumer Protection Act) where such exclusion, restriction, or modification is prohibited.
Limitation of Liability
To the maximum extent permitted by law, in no event will PersonaOn or its affiliates, officers, directors, employees, agents, or licensors be liable to you for: (a) any indirect, incidental, consequential, special, exemplary, or punitive damages, including damages for lost profits, lost goodwill, loss of data, business interruption, or cost of substitute services, arising out of or relating to these Terms or the Services, even if we have been advised of the possibility of such damages; or (b) in the aggregate, any amounts exceeding the greater of (i) one hundred Canadian dollars (CAD $100), or (ii) the fees paid by you to PersonaOn for the Services in the twelve (12) months preceding the event giving rise to liability.
The limitations in this section do not apply to damages arising from gross negligence, willful misconduct, fraud, or any other liability that cannot be limited or excluded by applicable law (including under the Quebec Consumer Protection Act or the Quebec Civil Code, where applicable). Quebec consumers retain all rights under articles 1474 and 10 of the Civil Code of Québec and applicable consumer protection law.
Indemnification
To the extent permitted by applicable law, you will defend, indemnify, and hold harmless PersonaOn and its affiliates, officers, directors, employees, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or relating to (a) your use or misuse of the Services; (b) your User Submissions or Outputs you generate; (c) your violation of these Terms or any law; or (d) your violation of any third party's rights. We may assume the exclusive defense and control of any matter subject to indemnification, and you will cooperate with us in asserting any available defenses. You will not settle any matter without our prior written consent.
Governing Law
These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
For Quebec residents, in accordance with article 3149 of the Civil Code of Québec, nothing in this section deprives a Quebec consumer of the protection of mandatory rules of Quebec law.
Dispute Resolution
Informal resolution. Most concerns can be resolved by emailing admin@personaon.com. Before initiating any formal proceeding, you and PersonaOn agree to attempt informal resolution by sending the other party a written notice describing the dispute, the specific claims, and the relief sought. Notices to PersonaOn must be sent to admin@personaon.com and to 1001454451 Ontario Inc., carrying on business as "PersonaOn", Address available on request via admin@personaon.com. The parties will work in good faith for at least sixty (60) days after the notice is received to resolve the dispute. Limitation periods are tolled during this period.
Venue. If informal resolution fails, you and PersonaOn agree that all disputes arising out of or relating to these Terms or the Services will be resolved by the courts of the Province of Ontario sitting in Toronto, and the parties attorn to the non-exclusive jurisdiction of those courts. This does not limit any rights you may have to bring proceedings in the courts of your province of residence under applicable consumer protection law, or any other right that cannot be waived under applicable law. Quebec consumers may bring proceedings in the courts of Quebec in accordance with article 3149 of the Civil Code of Québec.
Optional arbitration. If both parties agree in writing after a dispute has arisen, the dispute may be referred to confidential arbitration administered by the ADR Institute of Canada under its current Arbitration Rules, with a single arbitrator and the seat of arbitration in Toronto, Ontario. Arbitration is not a precondition to court proceedings, and either party may seek injunctive or equitable relief in any court of competent jurisdiction at any time.
No class-action waiver. These Terms do not waive your right to participate in a class action or representative proceeding.
Export, Sanctions, and Trade Compliance
You will comply with all applicable Canadian, U.S., and other export-control, sanctions, and anti-boycott laws, including the Canadian Special Economic Measures Act and the U.S. Export Administration Regulations and Treasury OFAC sanctions programs. You represent that you are not located in, and not a national or resident of, any country subject to a comprehensive Canadian or U.S. embargo, and you are not on any applicable list of restricted parties.
Miscellaneous
These Terms (together with the documents they incorporate) constitute the entire agreement between you and PersonaOn regarding the Services and supersede any prior or contemporaneous agreements on the same subject. If any provision is held unenforceable, it will be modified to the minimum extent necessary, and the rest of these Terms will remain in effect. Our failure to enforce any provision is not a waiver of our right to enforce it later. You may not assign these Terms without our prior written consent; we may assign them, including in connection with a merger, acquisition, or sale of assets. No agency, partnership, joint venture, or employment relationship is created by these Terms. There are no third-party beneficiaries except as expressly stated. Notices to PersonaOn must be sent to admin@personaon.com and to 1001454451 Ontario Inc., carrying on business as "PersonaOn", Address available on request via admin@personaon.com; notices to you may be sent to your account contact information. You will pay any taxes associated with your use of the Services other than taxes on PersonaOn's net income.
The parties have requested that these Terms be drawn up in English. Les parties ont demandé que cette convention soit rédigée en anglais. A French translation is or will be made available where required by law.
See also: Creator Terms · Privacy Policy · Biometric Consent