These terms and conditions outline restrictions and eligibility criteria for the Persona Startup Program (“Startup Program”) offered by Persona Identities, Inc. (“Persona”) for businesses interested in participating in the Startup Program (“Member” or “Customer”). The Startup Program includes limited access to the Persona platform and features (“Persona Service”) for verification of the personal identity of Member’s customers (“End Users”). Capitalized terms used but not defined herein shall have the meanings set forth in the Platform Terms of Service or any applicable order form between the parties.
General Governing Terms
The Startup Program, including all products, services, and programs listed below, is governed by these Startup Program terms and the Platform Terms of Service found at https://withpersona.com/legal/terms-of-use. The Startup Program qualifies as a “Free Access Subscription” as outlined in the Platform Terms of Service.
Limitations. The Startup Program offers one-year of access for small businesses (the “Term”).
Eligibility Conditions. Applications for the Startup Program are reviewed on a rolling basis and program Members are audited on a recurring basis for continued eligibility. Applications may only be submitted from the Persona Dashboard after creating an Account. Persona may terminate Members of the Persona Startup Program at any time, in Persona’s sole discretion, without liability. Upon conclusion of the program, the Term will not automatically renew and Members may choose to proceed with a different plan by selecting their appropriate choice in the Persona Dashboard. Extensions of the Startup Program for a second year are granted on a case-by-case basis for extenuating circumstances, at Persona’s sole discretion. Members operating in regulated industries such as healthcare (subject to HIPAA), adult entertainment, cannabis, or alcohol, or Members that intend to use the Persona Service to verify, onboard, or provide products or services to End Users who are under 18 years of age, are strictly prohibited from participation in the Startup Program. For the avoidance of doubt, use of Relay age-related claim types solely to exclude minors from a Member’s adult-only product or service is not, by itself, prohibited under this paragraph.
Products and Services. The Startup Program offers limited access to select Persona Services.
These Verification services are limited to the Government ID Verification and Selfie Verification. The additional Report services of Watchlist Report and Politically Exposed Person Report may be granted on a case-by-case basis. Access does not include API-based integration with these services or any import or manual upload of government-issued identification cards, selfies, or portraits of individuals.. 500 free services are permitted per month with any additional volume priced at up to $1.50 per service run. Any overage volume will be billed monthly to the payment method on file.
Access to Relay services may be granted on a case-by-case basis. Where granted, Members may use Relay with supported age-related and humanness-related claim types in which case 1,000 free Relay token redemptions are permitted per month, separate from the service allotment described above, with any additional redemptions priced at up to $1.50 per redemption. A charge is incurred upon redemption of a Relay token to retrieve a claim result (e.g., Age 18+ United Kingdom = true, or Live Human Presence = true). Any overage volume will be billed monthly to the payment method on file.
Programming and Support. The Startup Program provides additional support through content, office hours, events, digital communications, cohort-based activities, and community engagements. However, configuration and product support are not guaranteed under the Startup Program. Members are expected to utilize self-serve resources available in the Help Center, Developer Documentation, and Academy to address support needs. Participation in programming is at the Member’s discretion, and any advice or content provided does not constitute a recommendation. Members are responsible for their own solutions, instances, and compliance with regulatory requirements. Persona does not provide custom certifications or responses to questionnaires or responding to or agreeing to RFIs, RFPs, DPAs, HIPAA compliance, or other Member-specific certifications. Members acknowledge that use of the Persona Service is permitted without these, even if required by the Member.
Use Restrictions
No Resale. Member acknowledges and agrees that Member will use Persona’s products and services solely for the purpose of verifying the identity or claims of its own End Users and shall not be resold, embedded, bundled, or otherwise incorporated into any of Member’s own products or services that are offered to Member’s customers. Member is prohibited from offering Persona’s products and services as part of a broader service or product offering, including but not limited to any integration, bundling, or packaging of Persona’s products or services into Member’s own identity verification or authentication solutions. Any attempt by Member to resell or redistribute Persona’s products or services without prior written consent from Persona will be considered a material breach of this agreement, and Persona reserves the right to immediately terminate the Member’s access to Persona’s services without notice or penalty. For customers interested in participating in Persona’s Partner program including our reseller program, please contact Persona Partnerships.
Tokenization Acknowledgement. Member may not take the results of a verification to create a token or identifier that is then re-used or shared for the purposes of re-verifying the individual.
Additional Terms for Regulated Data
The following obligations apply if applicable regulated data is shared under any agreement between Member and Persona.
FCRA Notice and Obligation. The data and information provided by Persona does not constitute a “consumer report” as such term is defined under the Fair Credit Reporting Act (as amended) (“FCRA”), and Member represents and warrants that it shall not use the Persona Services or any of the information provided by Persona in whole or in part as a factor in determining eligibility for credit, insurance, employment or another eligibility purpose that would qualify it as a consumer report under the FCRA.
Biometric Consent Terms and Obligation. Member agrees that it shall ensure every individual using Government ID or Selfie verifications consents, prior to providing an image of their identification document, to the processing and storing of their biometric information by Persona and its service providers, and such consent is consistent with and as required by applicable privacy laws including but not limited to the applicable state or country's biometrics information privacy laws and regulations (e.g., the Illinois Biometric Information Privacy Act). Member further agrees that if it fails to do so it will fully defend, hold harmless and indemnify Persona, its officers and directors against any claims or suits by a third party that results from Member’s failure to obtain such a required consent.
Member Regulatory Obligations. Member represents and warrants that it and its Affiliates are legally organized under and is, and will be, in compliance with all state and local laws and regulations applicable to its business, including, but not limited to any applicable regulations related to age-restricted goods and services, minors, consumer-financial protections, or management of personally identifiable consumer information. Member additionally represents and warrants that (a) Member’s products and services are in compliance with all applicable state and local laws and regulations and (b) Member holds and maintains all required licenses and permits necessary to operate its business and provide said products and services. As between Persona and Member, Member shall be responsible for compliance with any state or local laws applicable to the Member’s industry with respect to Member’s business and Member’s use of the Persona Service.
Additional Terms for Relay
The following terms apply to Member's use of Relay.
Governing Terms. Relay is governed by these Startup Program terms and the Platform Terms of Service. Terms used in connection with Relay have the same meaning as in those agreements unless otherwise noted, and these terms include any referenced URLs and attached exhibits.
Persona as Controller: Notwithstanding anything to the contrary in any agreement (including any data processing addendum or similar agreement) between the parties, where Member subscribes to Relay, Persona and Member each act as independent data controllers, and Persona does not act as a data processor or sub-processor on behalf of Member, with respect to any personal data Persona processes in connection with delivering the Relay service.
Existing DPA: Any data processing addendum or processor-specific data protection terms agreed to between the parties shall not apply to Persona's processing of personal data as controller in connection with Relay. Those terms continue to apply in full to any other Persona products and services under any agreement where Persona acts as a processor.
Data transferred: Member receives only claim results (e.g., a pass/fail outcome) and does not receive the underlying identity data collected by Persona during a Relay verification.
Persona's Privacy Practices: Persona's collection and use of personal data as controller in connection with Relay is governed by Persona's Relay Controller Privacy Policy, available at https://withpersona.com/legal/idv-privacy-policy, as updated from time to time.
No Compliance Representation. Persona does not represent or warrant that use of Relay satisfies any legal or regulatory obligation. Member remains solely responsible for its compliance obligations and user access decisions.
Prohibited Uses of Claim Results. Member shall not combine, correlate, or enrich Relay claim results with other data in a manner intended to re-identify End Users or to build shadow profiles of End Users.
Interaction with Regulated Data Terms. For the avoidance of doubt, the Additional Terms for Regulated Data above (including the FCRA Notice and Obligation, Biometric Consent Terms and Obligation, and Member Regulatory Obligations) continue to apply to Member’s use of Relay to the extent applicable regulated data is processed in connection with a Relay verification.