Last updated: September 12, 2023
At Persona, we’re humanizing online identity by helping companies verify that their users are who they say they are.
The Terms of Service below set out important information about your relationship with Persona and your legal rights and responsibilities with regards to our services. Please read these carefully before proceeding.
By clicking “agreed”, “begin verifying” or similar or by using the Services you are agreeing to enter into a legally binding contract with Persona for the purpose of using the Persona identity verification service (“Service”). If you do not agree to this contract do not click “agreed” (or similar) and do not access or otherwise use any of our Services.
These Terms of Service apply to the Service provided by Persona Identities, Inc. (“Persona,” “we”, “us”, or “our”)) to you, the individual entering into this contract. These Terms of Service do not apply to any other third party company to whom Persona may be providing similar services or any other service provided by Persona.
1. Our Service
Our Service provides users with a way to remotely verify their identities. You are receiving the Service because you have requested that Persona verify your identity this way.
Persona does not charge you any fees for your use of the Service.
3. Provision of Data to LinkedIn
Use of the Reusable Persona is controlled by the you, the data stored in the Reusable Persona is not readable by Persona in its encrypted form, and can only be unencrypted when you successfully authenticate to access the encryption key stored on your device for the purpose of identity verification on behalf of Persona's Business Customer's.
Persona may also collect, store and use additional metadata relating to the Reusable Persona, including but not limited to IP address, device ID, and how often the Reusable Persona is used or accessed, for the purposes of security and fraud prevention (“MetaData”). MetaData is stored separately from the Reusable Persona.
If you want to delete your personal information, you may do so by sending an email to [email protected]. If you choose to delete your identity information from your Reusable Persona, please note the Business Customer may still have your Identity Verification Data. If you would like to request the Business Customer to delete any copies of your personal data they obtained through this Service, please contact the Business Customer directly.
6. Your responsibilities
By agreeing to this contract, you represent and warrant (promise) that you:
- Allow Persona to act on instructions we receive from you
- Are the person identified in your government identification documents
- Have the right to provide any information you share with us in connection with the Service, and that this information is accurate and up-to-date
- Are over 18 years old. Any access to or use of the Service by anyone under 18 years of age is expressly prohibited. By accessing or using the Service, you represent and warrant that you are 18 years old or older.
- Will comply with all other applicable local, state, national and foreign laws, treaties, regulations and conventions that relate to your use of the Persona Service.
By agreeing to this contract you promise that you will NOT use the Service for any purpose which is not authorized by Persona (including commercial or competitive purposes). In particular, you must NOT:
- Falsely claim to be someone else (except where you are establishing identify on behalf of another person with their specific lawful authority);
- Falsely claim that you are associated with someone else;
- Collect information about Persona, or the Service without Persona’s written consent;
- Modify, frame, render (or re-render), mirror, truncate, inject, filter or change any content or information contained in the Service, without Persona’s written consent;
- Use any deep-link, page-scrape, robot, crawl, index, spider, click spam, macro programs, Internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor the Service or any portion thereof;
- Circumvent any measures implemented by Persona aimed at preventing violations of these Terms of Service.
8. Wireless Operator Authorization
9. We can change these terms
We reserve the right to change these Terms of Service or its policies relating to the Services from time to time. You should visit this page from time to time to review the current Terms of Service because they are binding on you. If Persona makes material changes to these Terms of Service, Persona will notify you. If you object to any changes, you can terminate your contract with us.
10. Suspension and Termination
We can suspend the Services at any time. We may do this to:
- deal with technical problems or make minor technical changes;
- update Services to reflect changes in relevant laws and regulatory requirements; or
- make changes to the Services
- If we suspect fraud or potential harm to you to us or to other users of our Service.
We can end our contract with you for the Services if:
- We are unable to update Services to reflect changes in relevant laws and regulatory requirements; or
- If at any time we suspect fraud or potential harm to you to us or to other users of our Service.
- We reasonably believe you have violated these Terms of Service.
- We elect to no longer provide the Services
11. How to Contact Us
For general support troubleshooting issues regarding the Persona Service, please see these help articles.
If you need to send legal notices to Persona at any time (e.g. to terminate your contract with us) you can do this by letter sent to 981 Mission Street #95, San Francisco, CA 94103 or by email to [email protected].
For privacy inquiries please send an email to [email protected].
12. How to interpret these Terms
These Terms of Service represents the entire agreement between you and Persona about the use of the Services. It therefore overrides all prior agreements between us as well as any conflicting or additional communications at or before the time you agree to these terms.
Expressly designated legal notices or terms located on particular pages of the Persona website may override certain provisions of these terms. If you continue to use the Persona Service after any such changes are posted, this shall constitute your consent to such changes. If you object to any changes, you can terminate your contract with us by notifying us.
If any provision of these Terms of Service is held to be invalid or unenforceable by a court with appropriate legal authority (or "competent jurisdiction") to rule on these matters: then you and we agree that the court should modify and interpret the terms to make that part enforceable while still achieving its intent as far as possible. In that scenario, all other provisions would remain in full force and effect.
No joint venture, partnership, employment, or agency relationship exists between Persona and you as a result of these Terms of Service.
You may not assign these Terms of Service to anyone without our prior written approval. If you purport to make such an assignment (in violation of this section) it will be "void" (that is: treated as though it never existed).
If you or we fail to enforce any right or provision in these Terms of Service that does not mean either you or we have waived the right to enforce these terms (unless this is explicitly acknowledged and agreed to by the relevant party in writing).
Any and all other rights not expressly granted in these Terms are reserved by you and Persona.
Specific Terms for US Customers
13. Governing Law; Venue
These Terms of Service are governed by the laws of the State of California and the United States, without regard to choice or conflict of law rules thereof. The exclusive jurisdiction and venue for actions related to the subject matter of these Terms of Service are the state courts located in San Francisco, California or the United States District Court for the Northern District of California, and both parties submit to the personal jurisdiction of these courts. The section is without prejudice to Section 13 (Mandatory Individual Arbitration).
14. Limitation of liability
PERSONA AND ITS AFFILIATES AND SERVICE PROVIDERS WILL NOT BE LIABLE TO YOU IN CONNECTION WITH THIS CONTRACT FOR ANY AMOUNT THAT EXCEEDS US $50.
15. Disclaimer of Warranties
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW (I) PERSONA AND THE PERSONA SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE;” (II) PERSONA HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTEES, AND CONDITIONS WITH REGARD TO THE PERSONA SERVICE INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; (III) PERSONA MAKES NO REPRESENTATIONS, GUARANTEES OR WARRANTIES REGARDING THE RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE PERSONA SERVICE, MATERIALS ASSOCIATED THEREWITH, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE PERSONA SERVICE OR ITS RESULTS.
16. Mandatory Individual Arbitration Agreement
This Mandatory Arbitration Agreement (“Agreement”) is entered into by and between you and Persona Identities, Inc., including its parents, subsidiaries, affiliates, successors, and assigns (“Persona”). The Agreement contains the rules and procedures that you and Persona must follow to resolve a Dispute. You and Persona agree that the Terms of Service and Agreement affect interstate commerce and that the Federal Arbitration Act, 9 U.S.C. § 1, et seq., and federal arbitration law apply to this Arbitration Agreement and govern all questions as to whether a dispute is subject to arbitration.
YOU SHOULD READ THE PROVISIONS OF THIS AGREEMENT CAREFULLY, AS IT PROVIDES THAT ANY “DISPUTE” (DEFINED BELOW) MAY BE RESOLVED ONLY THROUGH BINDING INDIVIDUAL ARBITRATION. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, INCLUDING THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE ACTION OR SIMILAR PROCEEDING.
You and Persona agree that arbitration of disputes is a valuable benefit, the existence of which is a significant inducement for you to accept these Terms and to use Persona’s services, and for Persona to allow you to use Persona’s services.
Section I. What Is Covered?
This Agreement covers all Disputes between you and Persona and also includes any dispute between you and any officer, director, board member, agent, employee, vendor, affiliate, or client of Persona, if Persona could be liable, directly or indirectly, for such Dispute.
By agreeing to resolve Disputes exclusively through binding arbitration, you and Persona agree that you and Persona are waiving the right to a trial in a court with a judge or jury. Arbitration is binding — that is, the arbitrator's decision is final. If the parties have more than one Dispute between them, you and Persona agree to assert all such Disputes in a single arbitration so they may be resolved at the same time.
For claims under the jurisdiction of federal, state, or local government agencies, you may initiate the arbitration process only after you have exhausted all required administrative remedies for claims that require such remedies.
Section II.Claims May Be Brought In An Individual Capacity Only.
You and Persona agree that you and Persona will not: (1) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit or court case that relates in any way to a Dispute, or (2) file, join, opt-into, consent to, intervene in, or otherwise become a party in any lawsuit, court case, or arbitration that is brought on a class, collective, representative, or aggregate basis that in any way relates to a Dispute. The parties do not agree to arbitrate any Dispute on a class, collective, representative, or aggregate basis.
YOU MAY BRING LEGAL CLAIMS AGAINST PERSONA ONLY IN YOUR INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON-AGGREGATE BASIS). PERSONA MAY BRING LEGAL CLAIMS AGAINST YOU ONLY IN ITS INDIVIDUAL CAPACITY (NON-CLASS, NON-COLLECTIVE, NON-REPRESENTATIVE, AND NON-AGGREGATE BASIS).
THERE SHALL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR AGGREGATE BASIS.
THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS ON MORE THAN ONE PERSON’S OR ENTITY’S CLAIMS, AND MAY NOT OTHERWISE AUTHORIZE OR PRESIDE OVER ANY FORM OF A CLASS, COLLECTIVE, REPRESENTATIVE OR AGGREGATE PROCEEDING.
Claims of two or more persons or entities may not be joined or consolidated in the same arbitration because the arbitrator may only hear individual claims and does not have the authority to hear claims on a class, collective, representative, or aggregate basis, or to award relief to anyone other than you and/or Persona in a single arbitration. Notwithstanding any other clause contained in this Agreement, this Section II shall not be severable from the Agreement.
Notwithstanding any other clause contained in this Agreement, any challenge to the validity of Section II may be determined only by a court of competent jurisdiction and not by an arbitrator
Section III. How Does Arbitration Work?
Informal Negotiation. Before initiating an arbitration, you may choose to voluntarily engage in a negotiation with Persona by submitting to Persona a “Notice of Dispute” with any supporting documents or other information by email to [email protected]. The “Notice of Dispute” should be in writing and include your name, address, contact information, email address, the facts regarding your Dispute, and the relief you are requesting from Persona. If Persona wants to raise a Dispute, Persona may send a “Notice of Dispute” to your last known address and/or email address. Once a party receives a Notice of Dispute, the parties may attempt to resolve any Dispute through informal negotiation. At any time, however, either party may initiate an arbitration proceeding as described below.
Arbitration. You and Persona agree that arbitration will be the sole and exclusive remedy to resolve any Dispute between us. This Agreement and your use of Persona’s services evidences a transaction involving commerce that is governed by the Federal Arbitration Act, which governs this Agreement. By agreeing to arbitrate, you and Persona are giving up the right to litigate (or participate in as a party or class member) any and all Disputes in a court before a judge or jury. Instead, a neutral arbitrator will resolve all Disputes. The American Arbitration Association or any successor thereof (“AAA”) will administer the arbitration using the AAA Consumer Arbitration Rules in effect on the date the Arbitration is filed (“AAA Rules”). In the event the AAA Rules are inconsistent with this Agreement, this Agreement will prevail. AAA is independent from Persona, and you may obtain copies of the current AAA Rules, and other related materials, including forms and instructions for initiating arbitration, by contacting AAA at 1-800-778-7879 or by visiting www.adr.org. The AAA Rules are subject to modification by AAA from time to time and the parties are responsible for reviewing the rules periodically. Procedures not addressed by this Agreement or the AAA Rules will be resolved by agreement of the parties. If the parties are unable to agree, the procedural issue will be determined by the arbitrator. All statutes of limitation that would apply if the controversy were resolved in court shall be applied and enforced by the arbitrator. The award of the arbitrator shall be final, and judgment upon the award rendered may be entered in any court, state or federal, having jurisdiction.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Persona will reimburse all such filing, administration and arbitrator fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Persona will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
Section IV. General Provisions
Enforcement. Any dispute over this Agreement – the way it was formed, its applicability, meaning, enforceability, waiver of the right or obligation to arbitrate, or any claim that all or part of this Agreement is void or voidable – is subject to arbitration under this Agreement except for claims under Section II above. You or Persona may bring a motion in court to compel arbitration under this Agreement or to dismiss any lawsuit seeking to resolve Disputes that are covered by this Agreement. In addition, either you or Persona may bring an action in court to enforce an arbitration award.
Complete Agreement. This Agreement is the full and complete agreement relating to the formal resolution of Disputes.
Severability. Except for Section II, if any part or parts of this Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect. If, however, any court or arbitrator determines that the class action waiver set forth above in Section II is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then this Agreement shall be deemed null and void in its entirety. This Agreement will survive the termination of your relationship with Persona.
No Modification. Notwithstanding any other Agreement in these Terms, this Agreement cannot be modified except in writing agreed to by both parties.
YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND READ OR HAVE HAD THE OPPORTUNITY TO READ THIS ARBITRATION AGREEMENT. YOU UNDERSTAND THAT THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES THAT INVOLVE THE MATTERS SUBJECT TO THE AGREEMENT BE SUBMITTED TO INDIVIDUAL ARBITRATION PURSUANT TO THE ARBITRATION AGREEMENT RATHER THAN TO A JUDGE AND JURY IN COURT.
YOU AGREE THAT YOU INTEND TO BE BOUND BY THE ARBITRATION AGREEMENT SET FORTH ABOVE.
17. Class Action Waiver
IN THE EVENT THE ARBITRATION AGREEMENT IS FOUND INVALID, THEN YOU AND PERSONA IDENTITIES, INC., INCLUDING ITS PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS AND SERVICE PROVIDERS (“COMPANY”) AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING. THIS CLASS ACTION WAIVER COVERS ALL DISPUTES BETWEEN YOU AND COMPANY AND ALSO INCLUDES ANY DISPUTE BETWEEN YOU AND ANY OFFICER, DIRECTOR, BOARD MEMBER, AGENT, EMPLOYEE, VENDOR, AFFILIATE, OR CLIENT OF COMPANY, IF COMPANY COULD BE LIABLE, DIRECTLY OR INDIRECTLY, FOR SUCH DISPUTE.
Specific Terms for Non-US Customers
18. Governing Law; Venue
In the unlikely event we end up in a legal dispute, depending on where you live, you and Persona agree to resolve it in particular courts, using particular laws.
If you live in the European Union (EU), European Economic Area (EEA), UK or Switzerland:
- The laws of Ireland will govern all claims related to Persona's provision of the Service to you.
- You and Persona agree to choose the courts of the country where you have habitual residence (where you live and to where we direct the Service) for all disputes arising out of or relating to these Terms of Service. Alternatively you may choose the responsible court in Ireland.
If you live outside the European Union (EU), European Economic Area (EEA) or Switzerland (including those outside the US):
- The laws of the State of California, U.S.A., excluding its conflict of laws rules, will govern any dispute relating to these Terms and/or the Services.
- You and Persona both agree that all claims and disputes can be litigated only in the federal or state courts in Santa Clara County, California, USA. You and Persona each agree to "personal jurisdiction" in those courts (i.e. that these courts can make decisions and deliver judgements which will be binding on you or us).
As a consumer, you will benefit from any mandatory provisions of the law of the country in which you have habitual residence. Nothing in these terms and conditions, including the laws specified above, affects your rights as a consumer to rely on such mandatory provisions of local law.
19. Limitation of liability
Persona will ensure the Service is performed with reasonable care and skill care and skill, within a reasonable time, and substantially as described in these terms. Persona does not make any other promises or warranties about the Service.
Unless otherwise stated, Persona will not be liable for:
- any losses or damage (other than death or personal injury caused by negligence), that were not foreseeable to both parties when the contract was formed;
- any losses that were not caused by any breach on the part of Persona
- any costs or expenses (including: lost profits, lost business opportunities, reputation, and lost data) which arises your of your use of the Service.
Except for death or personal injury caused by negligence, fraud, intentional or willful misconduct, or other liability that can not be limited by law, Persona and its affiliates and service providers will not be liable to you in connection with this contract for any amount that exceeds USD $50.