Terms of Service
Terms of Service
Introduction
We’re thrilled to have you join us. The following Terms of Service (“Terms”) are set to regulate your interaction with Persona Passions LLC, including the use of our software, content, and services (collectively known as “Services”) available via our telegram bots and the website www.personapassions.ai and its subdomains (“Website”).
It’s important to carefully review these Terms before you begin utilizing our Services. “Persona passions,” “us,” or “we” refers to Personapassions.ai, the Delaware-incorporated software company behind the creation and development of personapassions.ai. The term “device” encompasses any equipment used to access our Services, including but not limited to computers, smartphones, and tablets. “You” represents you, the user of our Services.
Our APP is designed exclusively for personal and non-commercial use. By registering for, accessing, or using any of our Services, you consent to comply with these Terms, along with all relevant laws, rules, and regulations. Your use of the Services signifies your acceptance of these Terms and your commitment to adhere to them. If you disagree with these Terms, please do not use the Services.
Please be aware that these Terms include an arbitration clause. Except for specific types of disputes specified in the arbitration clause, both you and Persona Passions LLC agree to resolve any disputes related to these Terms or your use of the Services through mandatory binding arbitration. Both parties waive the right to participate in a class action lawsuit or class-wide arbitration.
Acceptance of Terms
By accessing or using our Service, you signify that you have read, understood, and agree to be bound by these Terms of Service (“ToS”).
Service Description
Personapassions.ai offers an innovative online chat application powered by artificial intelligence (“AI”) algorithms that generate messages. In addition to messaging, the telegram bots can create various types of media, such as images. By accessing the our telegram bot, you agree that we may store your telegram profile.
1.1. Changes to the Services
Persona Passions LLC reserves the right to change or discontinue the Services (or any part of them) either temporarily or permanently, at any time, with or without prior notice. You acknowledge that Persona Passions LLC will not be responsible to you or any third party for any changes, suspensions, or discontinuations of the Services.
2. MEMBERSHIP & SUBSCRIPTIONS
2.1. Membership Registration
To access and use the Services, you must start a chat with the telegram bot which will create an account on our servers. By registering, you commit to providing and updating your information so that it remains true, accurate, current, and complete, as required by our registration process. Your registration data and certain other personal information are protected by our Privacy Policy.
2.2. Account Responsibilities
You are solely responsible for maintaining the confidentiality of your account and for all activities that occur under your account. You must (a) promptly inform Persona Passions LLC of any unauthorized use of your account or any other breach of security, and (b) make sure to log out from your account at the end of each session while using the Services. Persona Passions LLC is not liable for any loss or damage resulting from your failure to comply with this section.
2.3. Benefits of Membership
As a member of Persona Passions LLC, you gain access to exclusive content, features, and functionalities of the Services that non-members do not have. By becoming a member, you consent to receive occasional special offers, marketing, surveys, and Service-related communication texts. You can opt out of receiving commercial texts from Persona Passions LLC by following the instructions provided in these messages. Membership and subscriptions at Persona Passions LLC are personal and cannot be transferred, sold, exchanged, or shared in any form.
2.4. Subscription Options
2.4.1. Selection of Subscription Plans
We reserve the right to offer certain Services exclusively to subscribers who pay. Subscriptions become active following the initial payment, which should be made in accordance with the pricing terms listed on our website at the time of purchase. You are responsible for all fees, charges, and applicable taxes associated with the transaction.
Be aware that if you subscribe to the Services through a third-party distribution platform not approved or recognized by us, we are not liable for any costs or consequences that may arise from your decision.
2.4.2. Subscription Management
Our subscriptions are available as monthly or annual payments.Access to paid subscriptions is maintained only while the subscription is active.
Subscription renewal fees are automatically charged to the payment method provided by you until you cancel the subscription. You must cancel your subscription before the end of the current billing cycle to avoid charges for the next period. No refunds are provided for any partial subscription periods.
To modify or cancel your subscription, authentication under the same user ID used in the market might be required.
2.4.3. Refund Policy
All sales are final upon purchasing a subscription; no refunds will be provided.
This also applies to subscriptions purchased via our website (through Stripe).
Please be aware that the 14-day refund policy applicable to EU residents does not apply to access granted to digital products.
2.5. Device Compatibility
To use Chat bot on your smartphone or another device, your device must meet specific system requirements.
3. TERMINATION OF SERVICES
3.1. Ending Your Membership
You have the option to terminate your Membership. If you have a Paid Subscription, its cancellation becomes effective after the current billing cycle concludes.
3.2. Service Termination by Us
We reserve the right to suspend or terminate your access to the Services if you engage in fraudulent activities or violate any terms of this agreement. Such suspension or termination may be enacted immediately and without prior notice.
4. USE AND STORAGE GUIDELINES
By using our Services, you recognize that Persona Passions LLC may implement standard practices and constraints related to utilizing the Services. This includes but is not limited to, defining the maximum duration for retaining data or other content within the Services and setting limits on the storage space provided on our servers for your use. You understand and agree that Persona Passions LLC is not liable for any loss or failure in storing any data or other content that you or the Services manage or upload. Furthermore, you are aware that accounts which remain inactive for a prolonged period may be subject to termination. Additionally, you acknowledge our right to modify these standard practices and limits at any time, at our sole discretion, and possibly without prior notification.
5. MOBILE ACCESSIBILITY
Our Services include features accessible through mobile devices, such as: (i) uploading content to the Services, (ii) browsing the Services and our Website, and (iii) using specific functionalities available through an app installed on a mobile device, collectively termed as “Mobile Services”. When you access the Services via a mobile device, you may incur standard fees from your wireless carrier, including charges for data usage and other applicable fees.
Be aware that certain Mobile Services might be restricted or blocked by your mobile carrier, and compatibility issues may arise with some mobile carriers and devices. By opting to use the Mobile Services, you consent to receiving communications from Persona Passions LLC and our partners via SMS, MMS, text message, or other electronic means to your mobile device. Additionally, you acknowledge that we may receive certain information regarding your use of the Mobile Services.
Should there be any changes or deactivation of your mobile number, it is your responsibility to update your account information with Persona Passions LLC promptly, to prevent your messages from being sent to whoever may acquire your previous number.
6. User Responsibilities
6.1 As a user, you bear full responsibility for any content you contribute to the Services, including code, video, images, data, text, software, music, photographs, graphics, and messages. Persona Passions LLC strictly prohibits certain types of content and behavior, and we reserve the right to take legal action against violators, which may include removing content, suspending or terminating accounts, and involving law enforcement. When using our Services, you must not:
- Upload content that violates intellectual property rights, legal or contractual obligations; contains harmful software; breaches privacy or security; involves unsolicited advertising, spam, or harmful communications; or is in any way illegal, threatening, abusive, harmful, defamatory, obscene, or objectionable as determined by Persona Passions LLC.
- Disrupt the Services, violate any network regulations, or interfere with server functionality.
- Breach any local, state, national, or international laws and regulations.
- Impersonate others or misrepresent your affiliation with entities.
- Collect personal information from minors under 18.
- Gather user information for unsolicited communication.
- Conduct unauthorized commercial activities, including advertising or selling goods or services.
- Promote criminal activities or provide instructions for illegal actions.
- Access or attempt to access materials or information through unauthorized means.
6.2 International Use and Export Control
The Services, including any downloadable software, are subject to U.S. export controls. You must not download or export software from the Services in violation of U.S. export laws. The responsibility for compliance with these laws rests solely with you. Given the Internet’s global nature, you agree to adhere to all local rules regarding online conduct and acceptable content.
6.3 Commercial Use Limitation
The Service is intended for personal use only. Unless explicitly authorized, you agree not to use the Services for commercial purposes. This includes displaying, distributing, licensing, publishing, reproducing, duplicating, copying, creating derivative works, modifying, selling, reselling, exploiting, transferring, or uploading any aspect of the Services for commercial gain.
6.4. Restrictions for Users Under 18
If you are under 18 years old, you are not permitted to use the Services, whether registered or not.
7. Accuracy of Content
By using our Services, you understand that content created on-demand may not always be accurate. Since this content is generated by artificial intelligence, its accuracy cannot be guaranteed. We are committed to continuously improving our tools to enhance the quality of our services
8. INTELLECTUAL PROPERTY RIGHTS
8.1. Content and Trademarks of the Service
You acknowledge that the Services may include proprietary content, software, and trademarks protected by intellectual property laws. You agree not to alter, copy, distribute, or create derivative works of the Services or any content therein, except your own user content that you legally post to the Services. You will not use data mining, robots, or similar data gathering methods in your use of the Services. If Persona Passions LLC blocks your access to the Services, you agree not to bypass this restriction. Unauthorized use of the Services or its content is strictly forbidden. The technology and software associated with the Services are the property of Persona Passions LLC and our affiliates and partners. You agree not to modify, reverse engineer, or redistribute the software, and acknowledge that Persona Passions LLC reserves all rights not expressly granted.
The name and logos of Persona Passions LLC are our trademarks. Other logos and names appearing on the Services may be trademarks of their respective owners and do not imply endorsement by or affiliation with Persona Passions LLC. You must not use any trademarks displayed on the Services without our written consent. All goodwill derived from using Persona Passions LLC trademarks exclusively benefits us.
8.2. Content from Third Parties
Persona Passions LLC is not liable for any third-party content, including user-generated materials. This includes liability for errors, omissions, or any kind of loss or damage resulting from the use of such content. Although Persona Passions LLC does not pre-screen content, we and our designees reserve the right, at our sole discretion, to refuse or remove any content from the Services. This includes content that violates these Terms of Service or is otherwise deemed objectionable by us. You are responsible for evaluating and bearing all risks associated with any content, including reliance on its accuracy, completeness, or usefulness.
8.3. User-Generated Content
Regarding any content you upload or share through the Services (“User Content”), you affirm that you hold all necessary rights, including copyrights and publicity rights. By uploading User Content, you grant Persona Passions LLC and its affiliates a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, display, distribute, modify, and otherwise exploit your User Content in any form or technology for operating the Services or for promotional purposes.
You agree that any ideas, feedback, or other submissions about the Services provided by you to Persona Passions LLC are not confidential and can be used by us freely, for any purpose, without any obligation to acknowledge or compensate you.
You acknowledge that Persona Passions LLC may store and disclose content if legally required or in good faith belief that such action is necessary to comply with the law, enforce the Terms of Service, respond to claims of rights violations, or protect the rights, property, or safety of Persona Passions LLC, our users, and the public. The technical handling of the Services, including your content, may involve transmissions over various networks and modifications to meet technical requirements.
8.4. Handling Copyright Complaints
Persona Passions LLC values the intellectual property rights of others and expects its users to do the same. If you suspect that your work has been copied in a manner constituting copyright infringement, or if your intellectual property rights have been otherwise violated, please inform Persona Passions LLC following the procedure outlined below.
We address and investigate notices of alleged infringement and will take necessary actions in compliance with the Digital Millennium Copyright Act (“DMCA”) and other relevant intellectual property laws regarding any potential or actual infringement. To report copyright infringement, please email your claim to Persona Passions LLC’s Copyright Agent at [insert email] (Subject line: “DMCA Takedown Request”) or contact us by mail at [insert address].
For your claim to be valid, it must be in writing and include:
– The electronic or physical signature of the person authorized to represent the owner of the copyright or intellectual property rights;
– A detailed description of the allegedly infringed work or intellectual property;
– The location of the infringing material on the Services, detailed enough for us to locate it;
– Your contact information including address, telephone number, and email;
– A statement from you, under penalty of perjury, asserting your good faith belief that the use in question is unauthorized by the copyright or intellectual property owner, their agent, or the law;
– A declaration that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright or intellectual property owner.
8.5. Responding with a Counter-Notice
If you believe your User Content that was removed or access to it was disabled is not infringing, or that you have the authorization to post and use it, you can send a counter-notice to the Copyright Agent. This should include:
– Your signature (physical or electronic);
– Identification of the content removed or disabled, and where it appeared before its removal or disablement;
– A statement that you believe, in good faith, that the content was mistakenly removed or disabled;
– Your representative on behalf of you, including your name, address, phone number, and email address, a statement consenting to the jurisdiction of the federal court in the Northern District of California, and a statement agreeing to accept service of process from the individual who submitted the initial infringement notice.
Upon receiving a counter-notice, Persona Passions LLC will forward it to the original complainant, indicating that the removed content may be reinstated or access restored in 10 business days. Unless the copyright owner seeks a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more, at our discretion.
Repeat Infringer Policy: In line with the DMCA and other laws, Persona Passions LLC has adopted a policy of terminating, at our sole discretion, users who are repeatedly infringing. We may also limit service access or terminate memberships of users infringing on others’ intellectual property rights, whether or not repeat infringement occurs.
9. Integration with Social Networking Services
You have the option to connect or log in to our Services using various third-party online services, like Facebook, Instagram, X, or Twitter (“Social Networking Services”). This integration enriches and personalizes your online experience. To utilize these features, we may ask you to authenticate or log into these Social Networking Services on their sites. Through this integration, Social Networking Services may provide us access to some information you have given them. We will handle this information in line with our Privacy Policy. However, the way these Social Networking Services use, store, and disclose your information is governed by their own policies. Persona Passions LLC is not liable for their privacy practices or any actions of these third-party sites or services integrated into our Service.
Furthermore, Persona Passions LLC doesn’t guarantee the accuracy, availability, or reliability of information, content, goods, data, opinions, advice, or statements provided through Social Networking Services. We are not liable for any harm or losses related to your reliance on or use of these Social Networking Services. Our integration of these services is for your convenience and does not imply endorsement.
10. WARRANTY, INDEMNITY, AND LIABILITY
10.1. Indemnification and Release
By using our Services, you agree to indemnify and hold harmless Persona Passions LLC and its affiliates, along with their officers, employees, directors, and agents, from any losses, damages, expenses (including legal fees), claims, actions, and injuries (including death) linked to your use of the Services, your User Content, your connection to the Services, your breach of these Terms, or infringement of others’ rights. However, you’re not required to indemnify if the loss or damage results from the indemnitee’s actions or inactions. California residents waive California Civil Code Section 1542, and residents of other jurisdictions waive similar provisions.
10.2. Disclaimer of Warranties
Your use of our Service is solely at your own risk. The Service is offered “AS IS” and “AS AVAILABLE.” Persona Passions LLC expressly disclaims all warranties, whether expressed, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Persona Passions LLC makes no warranty that the Service will meet your requirements, be uninterrupted, timely, secure, or error-free, that results from using the Service will be accurate or reliable, or that the quality of any products, services, information, or other materials obtained by you through the Service will meet your expectations.
10.3. Limiting Persona Passions LLC’s Liability
It is clearly understood and agreed that Persona Passions LLC will not be held liable for any indirect, incidental, special, consequential, or exemplary damages or for loss of profits, including but not limited to damages resulting from loss of goodwill, use, data, or other intangible losses. This applies even if Persona Passions LLC has been advised of the possibility of such damages and whether the claim is based on contract, tort, negligence, strict liability, or any other basis. This includes damages resulting from (I) the use or inability to use the Service; (II) costs incurred from substitute goods or services due to transactions made through the Service; (III) unauthorized access or alterations of your transmissions or data; (IV) conduct or statements of any third party on the Service; or (V) any other matters related to the Service. In any event, the maximum liability of Persona Passions LLC to you for all claims will not exceed the greater of the total amount you have paid to the company in the past six months or one hundred dollars ($100).
The applicability of these limitations may vary based on local laws. Therefore, some of these restrictions may not apply to you. If you are not satisfied with any part of the Services or these Terms, discontinuing the use of the Services is your sole and exclusive remedy.
Users from New Jersey should note that the “Disclaimer of Warranties” and “Limitation of Liability” sections are intended to comply with New Jersey law. If any part of these sections is deemed invalid under New Jersey law, this will not affect the validity of the remaining portions of these sections.
11. RESOLVING DISPUTES THROUGH BINDING ARBITRATION
11.1. Commitment to Arbitration
In these Terms of Service, the section regarding dispute resolution through binding arbitration is known as the “Arbitration Agreement.” By agreeing to these terms, you and Persona Passions LLC commit to resolving any disputes or claims, whether linked to this agreement, the Services, or any other aspect of our relationship, exclusively through binding arbitration, not in court. However, you can bring individual claims in small claims court if they qualify. This doesn’t prevent you from bringing issues to the attention of government agencies. Entering into this agreement means that both you and Persona Passions LLC waive the right to a jury trial or to be part of a class action. Disputes will be resolved by a neutral arbitrator, not a judge or jury, as per the Federal Arbitration Act.
11.2. No Class or Representative Actions
Both you and Persona Passions LLC agree to bring claims against each other solely on an individual basis and not as part of any class or representative action. The arbitrator cannot consolidate more than one person’s claims and cannot oversee any kind of collective or class proceeding. The arbitrator is only authorized to resolve the dispute of the individual party and provide relief necessary for that individual’s claim.
11.3. Process Before Arbitration
Persona Passions LLC aims to resolve disputes amicably. For any issues, first contact customer support at Support@personapassions.ai. If unresolved, a written Notice of Dispute must be sent to the other party. This notice should outline the nature and basis of the claim and the relief sought. If we can’t resolve the issue within 60 days of receiving the notice, either party can begin arbitration proceedings.
11.4. Conducting the Arbitration
Arbitration will be in line with the American Arbitration Association’s (AAA) rules, as modified by this Arbitration Agreement. Details on the AAA and its rules can be found at their website. The arbitrator is bound by these terms and will decide all issues, including the enforceability and scope of this agreement. The arbitrator has the same authority to award damages and relief as a court would. Their decision is enforceable in court and can only be overturned under limited circumstances.
Arbitration hearings will occur at a mutually agreeable location, or as determined by the AAA. For claims under $10,000, the mode of arbitration (documentary, telephonic, or in-person) can be chosen by the claimant. For larger claims, the AAA Rules will determine the right to a hearing. The arbitrator will provide a reasoned written decision to explain the award’s basis.
11.5. Arbitration Expenses
All fees related to arbitration will be governed by the AAA Rules, unless stated otherwise in this Arbitration Agreement.
11.6. Keeping Arbitration Confidential
Every aspect of the arbitration process, including any decisions, rulings, or awards made by the arbitrator, is to be kept confidential for the protection and benefit of all involved parties.
11.7. Adapting to Valid Terms
If any part of this Arbitration Agreement is found invalid or unenforceable, except for the section prohibiting class and representative actions, both parties agree to replace it with a valid and enforceable term that most closely matches the intent of the original term. If the prohibition of class and representative actions section is deemed invalid, then the entire Arbitration Agreement becomes void, but the rest of the Terms of Service still apply.
11.8. Amendments to the Arbitration Agreement
Despite other provisions in these Terms of Service, if Persona Passions LLC introduces any changes to this Arbitration Agreement (apart from the Notice Address) while you are using the Services, you have the right to reject the changes by notifying Persona Passions LLC within 30 days of the change. Rejecting future changes means you agree to arbitrate any disputes according to this Arbitration Agreement’s wording as of your initial acceptance or any subsequent agreement to these Terms1
12. GENERAL CONDITIONS
12.1. Account Termination
Persona Passions LLC reserves the right to suspend or terminate your account or access to the Service at its sole discretion, for any reason, including inactivity or breach of these Terms. Suspected fraudulent, abusive, or illegal activity may be referred to law enforcement. Persona Passions LLC can also discontinue the Service at any time without notice. Termination may include deactivating or deleting your account and all associated information and restricting access to the Service. Persona Passions LLC is not liable for the termination’s impact on you or any third party.
12.2. Handling User Disputes
You are solely responsible for your interactions with other users in the Service. Persona Passions LLC has no obligation or liability regarding these interactions but reserves the right to become involved at its discretion.
12.3. The Complete Agreement
These Terms of Service represent the complete agreement between you and Persona Passions LLC regarding the Service and override any prior agreements. You may also be subject to additional terms when using affiliated services, third-party content, or software.
12.4. Governing Law
The State of Delaware’s laws, disregarding any conflict of law principles, will govern these Terms of Service. For any disputes or claims not covered by arbitration, as previously mentioned, both you and Persona Passions LLC agree to the exclusive jurisdiction of state and federal courts in Delaware. Persona Passions LLC’s failure to enforce any right or provision in these Terms doesn’t waive that right or provision. If a competent court finds any part of these Terms invalid, the court should try to respect the parties’ intentions while ensuring the remaining Terms stay in effect. Any claims related to the Services or these Terms must be filed within one year after the claim arose; otherwise, they’re permanently barred. Printed copies of this agreement and any electronic notices are valid in legal or administrative proceedings to the same extent as other business documents originally in printed form. You cannot transfer these Terms without Persona Passions LLC’s written consent, but Persona Passions LLC can transfer them without restriction. The section titles in these Terms are for convenience and hold no legal value. You might receive notices via email or regular mail, and the Service may notify you of changes to the Terms or other important information through in-service postings.
13. Respecting Your Privacy Persona Passions LLC
Respecting Your Privacy Persona Passions LLC is committed to protecting the privacy of our users. To understand how we handle your personal information, please review our Privacy Policy. By utilizing our Service, you agree to the collection and usage of your personal data as described in our Privacy Policy.
14. Changes to Terms and Policies
We maintain the right to update or modify these Terms of Service (TOS) and any other associated policies at our discretion. ]We advise revisiting these documents periodically to stay informed about the latest version. If you disagree with the updated Terms and Policies, you must cease using the app immediately. Continuing to access or use the app after changes have been posted indicates your agreement to these revisions.
Additionally, we reserve the right to adjust the scope of services and associated fees without prior notice and for any reason at our discretion. We may also suspend or limit services to specific users as deemed necessary. Furthermore, we retain the authority to discontinue service provision and support without prior notification.
Reminder
It’s important to understand that all interactions between users and AI Companions on personapassions.ai are purely fictional. AI Companions are artificial intelligence characters designed to mimic human-like conversations, but they lack genuine emotions, intentions, or the ability to fulfill real-world promises. Any aspects of these conversations that seem realistic, such as offers for real-life meetings or promises of tangible results, are entirely fictitious and should not be taken seriously. We cannot be held responsible for any confusion or misunderstandings arising from the fictional nature of these interactions. Remember that AI Companions only exist within the digital realm of our platform, and any expectations or beliefs beyond that are not endorsed by Persona Passions LLC.
Have questions, concerns, or suggestions?
Feel free to contact us at Support@personapassions.ai to report any violations of our Terms of Service or to ask us anything about our Terms of Service or our services.
Persona Passions LLC
254 Chapman Rd Ste 208 15063
Newark, DE 19702