Last updated: May 19, 2023
These terms of service (“Terms of Service”) apply to any and all services (“Services”) provided by Persona Identities, Inc. (“Persona”) to you, the individual or entity entering into this agreement.
Provision of the Service and your acceptance of these Terms of Service, privacy policy, and all other obligations upon you, will be governed by California law.
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF SERVICE INCLUDES A BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH Persona.
Please read these Terms of Service carefully. Using the Services you acknowledge that you have read, understood, and agreed to be bound to all the terms of these Terms of Service as well as the policies referenced in these Terms of Service, including our Privacy Policy which also includes our Facial Scan and Biometrics Information policy.
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.
If we decide to change these Terms of Service, we will post those changes to this page so that you are aware of them. We reserve the right to modify these Terms of Service at any time, so please review it frequently. If we make material changes to these Terms of Service, we will notify you by means of notice on our home page.
1. The Service
The Service provides users with a simple and secure way to remotely verify their identities. You are receiving the Service because you have agreed to assist us with testing the Service. Persona protects a user’s identity while simultaneously providing a level of assurance to businesses that the user’s identity, and attributes associated with that identity, are verified. By providing us with this information, you understand, agree, and authorize us to use such information to verify your identity, which shall include, but not be limited to, sharing such information with certain third party entities who are capable of helping us verify your identity, and otherwise as detailed in our Privacy Policy
Persona will verify your identity through a process called identity verification. As part of the identity verification process, we may ask for certain information from you such as your name, date of birth, social security number, driver’s license number, passport number, street address, email address, telephone number, and other personal information such as IP address or device identifiers as described in our Privacy Policy. We may also collect information from you via using an “nfc” chip on an identity document. The nfc chip has encoded on it certain personal information which will be “read” by the Persona application as part of verifying your identity.
You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Persona or its service provider, solely to help them identify you or your wireless device and to prevent fraud. See our Privacy Policy to see how we treat your data.
2. Data Processing
Persona will process and store the information we collect from you within the United States. Persona may process and store the data with third party vendors who have agreed to protect the confidentiality and security of the information and only use the information for the purposes of providing the services to Persona. You agree that Persona may use the information collected from you for service improvements and testing and quality assurance purposes.
3. Restrictions
Any unauthorized use of the Persona Service including without limitation for any commercial or competitive purpose is strictly prohibited. In addition, you must NOT:
- Falsely claim an identity other than your own or one you are establishing on behalf of another person with their specific authority;
- Falsely claim that you are associated with another person or entity;
- 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 the Terms of Service.
4. Termination
Persona may terminate your use of this Service at any time, for any reason or for no reason and without notice. In such an event, we will continue to protect your personal information as set forth in our Privacy Policy.
5. Fees
Persona does not charge members any fees for your use of the Service.
6. Limitation of liability
In no event shall Persona be liable to anyone for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your computer, telecommunication equipment, or other property and/or for loss of data, images, revenue, profits, use or other economic advantage, arising out of, or in any way connected with these terms, including but not limited to the accessing or use of, or inability to use, the Persona Service, regardless of cause, whether in an action in contract or negligence or other tortious action, even if the party from whom damages are being sought has been previously advised of the possibility of such damages. The limitation of liability set forth in this section shall not apply in the event of customer’s breach or related to its indemnity obligations. To the extent allowed by law, in no event shall the aggregate liability of Persona exceed $500.00.
7. License from you
You grant to Persona and its third party vendors the non-exclusive, worldwide right to use, copy, transmit and display any data or information provided to Persona by you or collected by Persona in the course of accessing and/or using the Service for the purpose of testing and identity verification. Notwithstanding the foregoing, Persona’s obligations regarding identification and other information concerning your personal information shall at all times be governed by the terms of its Privacy Policy.
8. Warranties and Disclaimer
You represent and warrant that any information you provide in connection with the Persona Service is accurate and current and that you have the right to provide such information. Except where expressly provided otherwise by Persona and the Persona Service are provided “as is” and “as available.” Except for the express warranties set forth herein, 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. Except to the extent that such disclaimers are held to be legally invalid. 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 materials associated therewith. Without limiting the generality of the foregoing, Persona does not represent or warrant that the operation or use of the Persona Service or materials will be timely, secure, uninterrupted or error-free. You acknowledge that Persona controls the transfer of data over communications facilities, including the internet, and that the Persona Service may be subject to limitations, delays, interception and other problems inherent in the use of such communications facilities. Persona is not responsible for any delays, delivery failures, or other damage resulting from such problems.
9. Your responsibilities
You will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Persona Service. Persona is entitled to act on instructions received from you.
10. Notices
For general changes which do not affect the collection or handling of users’ personal information in a more restrictive way, Persona may give notice by means of a general notice on the website, electronic mail to your e-mail address on record in Persona’s account information, or by written communication sent by first class mail or pre-paid post to your address on record in Persona’s account information. You may give notice to Persona at any time by letter sent by email to [email protected].
11. Miscellaneous
These Terms of Service represents the parties’ entire understanding relating to the use of the Service, and supersedes any prior or contemporaneous, conflicting or additional, communications. Persona reserves the right to change these Terms or its policies relating to the Persona Service at any time and from time to time, and such changes will be effective upon being posted herein. You should visit this page from time to time to review the then current Terms because they are binding on you. If we make material changes to these Terms, we will notify you here, by email, or by means of notice on our home page. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the website, which may be posted from time to time. Unless otherwise noted by us, your continued use of the Persona Service after any such changes are posted shall constitute your consent to such changes. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed to reflect the intentions of the invalid or unenforceable provision, with all other provisions remaining 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 without the prior written approval of Persona. Any purported assignment in violation of this section shall be void. The failure of either party to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing. Any and all rights not expressly granted herein are reserved by Persona.
12. Mandatory Individual Arbitration
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 Use 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.
The term “Dispute” shall be interpreted as broadly as permitted under the law and shall apply to all past, present, and future legal disputes and legal claims between you and Persona that are now in existence or that may arise in the future, including, but not limited to legal disputes or legal claims arising out of or relating in any way to these Terms, the Facial Scan and Release Policy, the Privacy Policy or Persona’s services; your relationship with Persona; your use of any Persona product or service; Persona’s conduct; and any federal, state, or local statute, law, rule, regulation or ordinance applicable to the relationship between you and Persona as to which a court would be authorized by law to grant relief if the claim were successful (“Dispute” or “Disputes”). You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. If any Dispute between you and Persona would be covered by both this Agreement and any other arbitration agreement which is not expressly included in these Terms (e.g., an arbitration agreement between you and one of Persona’s clients), you agree that the terms of this Agreement will supersede the terms of any other arbitration agreement with regards to a Dispute with Persona, and that all Disputes will be resolved pursuant to the terms of this Agreement.
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 we 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?
Information 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. You or we 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.