Last updated 9 September 2026 · version 2026-09-09
| Version | 2026-09-09 |
|---|---|
| Last updated | 9 September 2026 |
| Effective | [[EFFECTIVE DATE]] |
| Applies to | the Persona mobile application for iOS and Android, the Persona web pages we operate, and every product, feature and service we make available through them. |
1.1 Persona is operated by [[LEGAL ENTITY]], [[ENTITY TYPE]], with its registered office at [[REGISTERED ADDRESS]] and company number [[COMPANY NUMBER]] ("Persona", "we", "us", "our").
1.2 These Terms and Conditions ("Terms") are a binding contract between you and us. They govern your use of the Persona app, our websites, and everything you can do through them - designing, publishing, browsing, buying, selling, messaging and everything else.
1.3 These documents are part of these Terms and are incorporated by reference:
- the Privacy Policy - the Shipping Policy - the Return and Refund Policy
Where a conflict exists between these Terms and one of those documents, the more specific document governs its own subject matter.
1.4 Some features have their own additional rules, shown in the app at the point of use (for example the terms attached to a promotion). Those rules are part of these Terms for anyone who uses that feature.
2.1 You accept these Terms when you create a Persona account, and again when you continue to use Persona after we publish a material change.
2.2 We record your acceptance. When you accept, we store the identifier and version of the documents you accepted, a cryptographic hash of the exact text that was on screen, your device locale, the app build, and the time the server received it. We do this so that both of us can later establish precisely what was agreed. This record is described in the Privacy Policy and is retained after account deletion as contractual evidence.
2.3 IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CREATE AN ACCOUNT AND DO NOT USE PERSONA.
2.4 Section 31 contains a BINDING ARBITRATION AGREEMENT AND A CLASS-ACTION WAIVER that apply to users in the United States. They affect how disputes between us are resolved. Please read Section 31 carefully. It contains an opt-out you can exercise within 30 days.
"Blank" a manufacturer's product - a t-shirt, a mug, a poster -
before any design is applied to it.
"Design" artwork, images, text, layouts and other material you
create, upload, generate or arrange in Persona.
"Product" a Blank combined with a Design and offered for sale.
"Creator" a user who publishes a Product.
"Buyer" a user who orders a Product.
"Credits" the in-app unit that meters AI features. Section 12.
"Your Content" everything you submit to Persona: Designs, product
titles and descriptions, your profile, comments,
messages, reports, photographs and prompts.
"Fulfilment
partner" the third-party print-on-demand manufacturer that
prints, packs and ships physical Products on our behalf.
"Store" the Apple App Store or Google Play, as applicable.
4.1 MINIMUM AGE. You must be at least 13 years old to create a Persona account. Persona is not directed to children under 13 and we do not knowingly collect personal information from them. If we learn that an account belongs to someone under 13, we will close it and delete the associated data.
4.2 DATE OF BIRTH. We ask for your date of birth when you sign up. We store it once and it cannot be changed by you afterwards. We use it to determine which features your account may use. Giving us a false date of birth is a breach of these Terms and is grounds for closing your account.
4.3 WHAT EACH AGE BAND CAN DO. Persona gates capabilities, not access:
Age 13-15 browse, design, use AI features, save collections
Age 16-17 the above, plus publishing Products, buying, commenting
and direct messages
Age 18+ the above, plus setting up a payout account and receiving
earnings
4.4 PLATFORM AGE SIGNALS. Where Apple or Google provides us with an age signal for your device or account, we may use it alongside the date of birth you declared, and the platform signal will take precedence if the two disagree.
4.5 PARENTS AND GUARDIANS. If you are under the age of majority where you live, you may use Persona only with the involvement of a parent or legal guardian, who agrees to these Terms on your behalf and is responsible for your use of Persona. A parent or guardian may contact us at privacy@[[DOMAIN]] to review, correct or delete their child's information or to close the account.
4.6 OTHER ELIGIBILITY REQUIREMENTS. You may not use Persona if:
4.7 ONE ACCOUNT. You may hold one account unless we agree otherwise in writing. Creating additional accounts to evade a suspension, to claim a promotion more than once, or to manipulate follows, likes, sales counts or rankings is a breach of these Terms.
5.1 REGISTRATION. You can register with an email address and password, or through Apple, Google or Facebook. You must give accurate information and keep it up to date.
5.2 USERNAMES. Your username is unique to you and is visible to other users. Usernames are allocated on a first-come basis. You may change your username, but not more than once every seven days. We may reclaim, reassign or change a username that impersonates someone, infringes a trademark, is used to squat or trade in handles, is offensive, or is inactive. You do not own your username and it is not transferable.
5.3 SECURITY. You are responsible for keeping your login credentials secret and for everything that happens under your account. Tell us immediately at support@[[DOMAIN]] if you believe your account has been compromised. We are not liable for loss caused by someone else using your account with credentials you failed to keep secure, but nothing in this clause limits our liability for our own failures.
5.4 ACCURACY. Some of what you give us has consequences you cannot undo later. In particular: your payout country is fixed by our payments provider when your payout account is created and cannot be changed afterwards, and a delivery address cannot be changed once an order has entered production. Check both before you confirm.
5.5 ACCOUNT DELETION. You can delete your account at any time from Settings > Delete account, or by writing to privacy@[[DOMAIN]]. What is deleted, what is retained and why is set out in the Privacy Policy. We will not let you complete deletion while you hold an unpaid balance, owe us an amount, have a payout in transit, or have an order still being made or delivered - deleting at that moment would destroy your claim to money or goods. Settle or wait, then delete.
6.1 Persona plays two different roles, and it matters which one applies.
6.2 FOR PHYSICAL PRODUCTS, WE ARE THE SELLER. When you buy a Product, your contract of sale is with us. We are the merchant of record: we set the final price you pay, we take the payment, we place the manufacturing order with our fulfilment partner in our own name, and we handle cancellations, replacements and refunds. The Creator whose Design is on the Product is not the seller, is not a party to your purchase contract, and has no contract with you.
6.3 FOR EVERYTHING USERS POST, WE ARE A HOST. Designs, product titles and descriptions, profiles, comments and messages are created by users, not by us. We do not endorse them and, except where the law says otherwise, we are not responsible for them. We have the right but not the obligation to review, screen, refuse, remove or restrict Your Content.
6.4 WE DO NOT MANUFACTURE. Products are made by a third-party print-on-demand fulfilment partner and dispatched from their facilities. This does not reduce our obligations to you as seller.
6.5 NO GUARANTEE OF EARNINGS, REACH OR AVAILABILITY. Nothing in Persona is a promise that your Designs will sell, be seen, be ranked in any position, or earn any amount. Rankings, recommendations, search results and feeds are produced by our systems using signals including engagement, recency and relevance, and we may change them at any time.
6.6 WE MAY CHANGE THE SERVICE. We may add, change, suspend or withdraw features, catalogue items, blanks, print areas, AI models, shipping methods or supported countries at any time. Where a change materially and adversely affects something you have already paid for, Section 34 applies.
7.1 YOU KEEP OWNERSHIP. You keep all rights you already have in Your Content. Nothing in these Terms transfers ownership of your Designs to us.
7.2 THE LICENCE YOU GRANT US. So that we can operate Persona, you grant us a worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to host, store, cache, reproduce, adapt (for formatting, resizing, colour management, preview generation and print preparation), publish, publicly display, publicly perform, distribute and communicate Your Content, and to make, have made and sell physical goods bearing it, for the following purposes and no others:
7.3 DURATION. The licence in 7.2 lasts for as long as Your Content is on Persona, and it ends when you delete the content or your account - EXCEPT that:
7.4 PROMOTIONAL USE. We may feature Your Content that you have published publicly - your Products, your profile, your public Designs - in Persona's own marketing, on our social channels, on our website and in store listings, with attribution to your username. If you do not want this, email support@[[DOMAIN]] and we will stop using it prospectively. This clause does not apply to your private drafts, your messages, your try-on photographs, or anything you have not published publicly.
7.5 FEEDBACK. If you send us suggestions, ideas or feedback about Persona, we may use them without restriction, without compensation and without obligation to you. Do not send us anything you consider confidential.
7.6 YOUR PROMISES ABOUT YOUR CONTENT. Every time you submit, publish or remix content, you promise that:
7.7 WHY 7.6 MATTERS. Print-on-demand is one of the most heavily policed areas of intellectual property enforcement there is. Brand owners, photo agencies, font foundries, estates and licensing bodies actively monitor marketplaces and send claims. If you publish something you do not have the rights to, we will remove it, you may lose your account, and under Section 30 you are responsible for the resulting claim. Do not publish logos, characters, band names, sports teams, film and TV imagery, celebrity faces or names, copied artwork, or AI output built from a prompt naming a living artist or a protected brand, unless you genuinely hold the rights.
7.8 NO OBLIGATION TO STORE. We are not an archive or a backup service. Keep your own copies of anything you care about. We may delete drafts, generated outputs, expired jobs and other transient material on the schedules described in the Privacy Policy.
8.1 These standards apply to everything: Designs, print files, product titles and descriptions, tags, usernames, display names, biographies, links, profile and cover images, comments, direct messages, collection names, AI prompts, and reports.
8.2 YOU MAY NOT POST OR CREATE:
Illegal and dangerous
Children
Sexual content
Hate and harassment
Self-harm and violence
Deception
Rights of others
Regulated categories
8.3 YOU MAY NOT DO ANY OF THE FOLLOWING:
8.4 WE MAY ACT WITHOUT NOTICE. If content or conduct appears to us to breach Section 8, we may remove or restrict it, limit its distribution, apply a warning, restrict features on the account, suspend the account, or close it. Section 23 sets out how we do this and how you can appeal.
8.5 WE ARE NOT OBLIGED TO MONITOR. We use automated tools to screen artwork before it leaves the design studio and we act on reports, but we do not and cannot review everything. Nothing in these Terms creates an obligation to monitor, and our decision to review some content does not create a duty to review all of it.
9.1 OUR INTELLECTUAL PROPERTY. Persona, its name, logo, wordmark, interface, design system, icon set, illustrations, shaders, animations, catalogue data, ranking systems, software and documentation belong to us or our licensors and are protected by intellectual property law. These Terms give you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Persona app on devices you own or control, for the purposes Persona is designed for. Nothing else is granted.
9.2 BLANKS AND MOCKUPS. The blank products, their photography, their size guides and their template artwork belong to their manufacturers or to our fulfilment partner. Your licence to use them exists only within Persona, for the purpose of designing and listing Products.
9.3 REPORTING COPYRIGHT INFRINGEMENT (DMCA). If you believe material on Persona infringes your copyright, send a written notice to our designated agent:
[[DMCA AGENT]] [[REGISTERED ADDRESS]] dmca@[[DOMAIN]]
Your notice must include, as required by 17 U.S.C. Section 512(c)(3):
We will remove or disable access to material that is the subject of a compliant notice and take reasonable steps to notify the user who posted it.
9.4 MISREPRESENTATION. Under 17 U.S.C. Section 512(f), a person who knowingly materially misrepresents that material is infringing, or was removed by mistake, may be liable for damages. Do not send a notice about material you do not hold rights in.
9.5 COUNTER-NOTICE. If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to dmca@[[DOMAIN]] containing:
We may restore the material in 10 to 14 business days unless the complainant tells us they have filed a court action seeking to restrain the activity.
9.6 TRADEMARK AND OTHER RIGHTS. For trademark, design right, right of publicity, privacy or any other complaint, write to legal@[[DOMAIN]] with the same level of detail: what right you hold, the evidence of it, what content you say infringes it, and where it is.
9.7 REPEAT INFRINGERS. We terminate, in appropriate circumstances, the accounts of users who repeatedly infringe. We count valid notices against an account. Repeated valid notices, a single deliberate infringement, or conduct showing that an account exists to infringe, will end that account and may end any other account operated by the same person.
9.8 IF YOUR PRODUCT IS REMOVED. If a Product is removed for an intellectual property claim, any pending earnings on it may be withheld until the claim is resolved, orders in flight may be cancelled and refunded, and Section 30 applies to any claim brought against us.
10.1 WHO CAN PUBLISH. Users aged 16 and over.
10.2 HOW PRICING WORKS. You choose a retail price for each Product. We show you the production cost of the Blank in the print areas you have used. Your earnings on a sale are the retail price minus that production cost, multiplied by quantity. Where you set a retail price at or below the production cost, the sale still counts as a sale but earns you nothing. There is no negative balance: we never charge you the difference.
10.3 OUR MARGIN. The production cost we quote you includes our own margin over what the Blank costs us. That is how we fund the service alongside subscriptions and credits. We may change it, and we will make it visible to you at the point you set a price.
10.4 PRICE CHANGES BY US. Production costs, shipping rates and taxes are set by our suppliers and by law, and they change. If they change, your Product's production cost changes and therefore so do your earnings on future orders. Orders already placed are unaffected.
10.5 YOUR LISTING MUST BE ACCURATE. Titles, descriptions and images must describe the actual Product. Do not misstate materials, fit, origin, certifications or performance. Do not use another creator's mockups or photographs.
10.6 MOCKUPS AND PREVIEWS ARE ILLUSTRATIONS. Product mockups, previews and AI visualisations approximate the finished item. Colours vary between screens, between fabric dye batches and between printing methods. Print placement and scale follow the print areas and templates for the Blank. Neither you nor a Buyer should treat a mockup as a colour-accurate proof.
10.7 PUBLIC IS PERMANENT. Once a Product has been published publicly it cannot be made private again. You can delete it, which removes it from sale and from the catalogue. Copies already ordered, already remixed, or already shared outside Persona are not recalled by deletion.
10.8 WE MAY REFUSE OR REMOVE A LISTING. We may decline to publish, or remove, any Product - for a content breach, an intellectual property claim, a supplier restriction, a legal or safety reason, a pricing error, or because the Blank has been discontinued. Where we can, we tell you why.
10.9 ARTWORK SCREENING. Artwork is automatically screened before it leaves the design studio. Screening is imperfect: it can flag something harmless and it will miss things - it has no opinion at all about intellectual property. Passing the screen is not our approval of your Design and does not affect your obligations under Sections 7 and 8.
10.10 DISCONTINUATION. Blanks, colours, sizes, print providers and print areas can be discontinued by their manufacturers without notice. When that happens the affected Products stop being orderable. We are not liable to you for lost sales arising from a supplier's decision.
11.1 WHAT REMIXING IS. A Creator can allow other users to open an editable copy of their published Design and build on it. The Creator chooses one of four settings for each Product:
Closed nobody may remix it Free for followers people who follow you may remix it Free for everyone any signed-in user may remix it Paid any user may remix it after a one-time purchase
11.2 WHAT A REMIXER RECEIVES. Everyone who is entitled to remix receives the same thing: a full, editable copy of the Design - every print area and its layers - as their own separate draft. Free and paid entitlements differ only in how they were obtained.
11.3 THE LICENCE A CREATOR GRANTS A REMIXER. By enabling remixing, you grant each entitled user a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to reproduce, adapt and create derivative works from your Design within Persona, and to publish and sell Products bearing the result through Persona. This licence is limited to use inside Persona. It does not permit a remixer to take your Design out of Persona, register it, license it to others, or use it in their own separate business.
11.4 CLOSING REMIXING IS PROSPECTIVE. Turning remixing off, changing the price, or deleting the Product stops new entitlements. It does not withdraw an entitlement already granted, and it does not reach a copy someone has already made. Decide before you publish.
11.5 PAID REMIX. A paid remix unlock is a one-time digital purchase made through the Store, at a price you choose from a fixed set of price points, up to the maximum shown in the app when you set it. It unlocks that one Design for that one buyer, permanently. You receive 75% of the net amount we receive for it, after the Store's commission, applicable taxes and our payment platform's fee. The remaining 25% is ours. Paid unlocks are credited to your Persona balance and are subject to Section 20.
11.6 NO REFUNDS FROM US ON DIGITAL PURCHASES. A remix unlock is delivered immediately and is not refundable by us. Refunds for Store purchases are handled by Apple or Google under their own policies (Section 17.9).
11.7 A REMIXER'S OWN OBLIGATIONS. If you remix, everything in Sections 7 and 8 applies to what you publish. You are responsible for your version. You may not use a remix to strip attribution, to pass a Design off as entirely your own where that would mislead, or to remove the original Creator's rights.
11.8 CHAIN OF RIGHTS. A remix inherits the rights position of what it was built from. If the original Design was infringing, so is your remix, and Section 30 applies to you for what you publish.
12.1 WHAT AI FEATURES DO. Persona includes features that use machine-learning models to generate or transform images and to interpret text: product mockup generation, in-editor image editing and upscaling, design generation from a written or spoken description, and virtual try-on (Section 13).
12.2 CREDITS. AI features are metered in Credits. Credits come from three places: a one-time grant when you create an account, a monthly allowance included with a paid plan, and Credit packs you buy through the Store.
12.3 THE TWO KINDS OF CREDIT BEHAVE DIFFERENTLY:
Plan Credits included in a subscription. They refresh every month
while the plan is active, and any unused balance
EXPIRES at the end of each monthly credit period. They
do not roll over. They are removed if the plan ends.
Purchased Credits bought in a Credit pack. They DO NOT EXPIRE and they survive changes to your plan.
When you spend Credits we always draw from Plan Credits first, so the balance that expires is used before the balance that does not.
12.4 CREDITS HAVE NO CASH VALUE. Credits are a limited licence to use a feature. They are not money, not currency, not a stored-value instrument and not property. They cannot be redeemed for cash, transferred, sold, gifted, combined between accounts, or withdrawn. They are forfeited when an account is closed for a breach of these Terms.
12.5 WHAT A CREDIT BUYS CAN CHANGE. The number of Credits a given operation costs depends on the model and provider used and may change as our costs change. We will show the cost before you confirm an operation. We will not retroactively re-price an operation you have already run.
12.6 FAILED GENERATIONS. If a generation fails, or a provider does not return a usable result, we return the reserved Credits to your balance automatically. Jobs that stall are settled by a periodic sweep and refunded. If you believe a job took Credits without delivering, contact support@[[DOMAIN]].
12.7 AI OUTPUT IS NOT GUARANTEED. Generated images are probabilistic. They may be inaccurate, distorted, unattractive, unusable, or not what you asked for. They may contain text that is misspelled, hands that are wrong, or artefacts. They may resemble other outputs generated by other users from similar prompts. We do not warrant that any output is unique, original, accurate, fit for any purpose, or free of third-party rights.
12.8 RIGHTS IN AI OUTPUT. As between you and us, you may use the outputs you generate in Persona for your Designs and Products. We make no representation that AI output is protected by copyright, that you own it, or that it can be registered - in many countries purely machine-generated material is not protected at all, and the law is unsettled and changing. You are responsible for checking that what you publish is clear of other people's rights.
12.9 YOUR PROMPTS AND INPUTS. You must not submit a prompt or a reference image that:
12.10 HOW YOUR CONTENT REACHES A MODEL. To produce a result, we send the necessary inputs - your prompt, your uploaded or generated images, and the product images involved - to third-party AI infrastructure providers. The providers we use, what they receive, and where they process it are listed in the Privacy Policy. We send them the minimum required to produce your result.
12.11 TRANSPARENCY. Images produced or materially altered by AI in Persona are machine-generated content. Where the law requires generated or manipulated content to be disclosed or marked, we will do so, and you must not remove, obscure or falsify any such marking.
12.12 CAPACITY AND CHANGE. AI features depend on third-party capacity. They may be slow, queued, rate-limited, temporarily unavailable, or withdrawn. We may change models and providers. Credits already purchased remain usable on whatever features are then available.
13.1 WHAT IT IS. Virtual try-on lets you upload or take a photograph of yourself and see an approximation of how a Product might look on you.
13.2 IT MUST BE YOU. You may only upload a photograph of yourself. Do not upload a photograph of another person - not a friend, not a family member, not a public figure, not a photograph you found. Doing so breaches these Terms and may breach that person's rights under privacy, data protection, publicity or biometric-privacy law.
13.3 NO PHOTOGRAPHS OF MINORS. Do not upload a photograph of anyone under 18 for try-on, including yourself if you are under 18.
13.4 CONSENT. Try-on is optional and off unless you choose it. By uploading a photograph you consent to us and our AI providers processing it for the sole purpose of generating your try-on images. How that photograph is handled, how long it is kept, and how to delete it is set out in the Privacy Policy, which contains a specific retention and destruction schedule for this data.
13.5 IT IS A VISUALISATION, NOT A FITTING. Try-on results approximate appearance only. They are not a representation of fit, size, drape, fabric behaviour, colour accuracy or measurement. Use the size guide on the product page - it is measurements, not a generic S/M/L - to choose a size. A try-on image is not a basis for a return under Section 6 of the Return and Refund Policy.
13.6 PRIVATE. Try-on images are generated for you and are private to your account. We do not publish them, we do not attach them to your Products, and they never form part of an order. You can delete your try-on profile and its images at any time from the app.
14.1 EVERY PRODUCT IS MADE TO ORDER. Nothing is held in stock. Your Product is manufactured after you pay, with one person's Design on it. This is the single most important fact about buying on Persona and it shapes cancellations, returns and refunds. See the Return and Refund Policy.
14.2 YOUR ORDER IS AN OFFER. Adding to your bag and paying places an offer to buy. The contract is formed when we accept your order, which is when we send the order confirmation. Until then we may decline it.
14.3 WHEN WE MAY DECLINE OR CANCEL AN ORDER. We may decline or cancel an order, in whole or in part, and refund you in full, if:
14.4 A PRICING ERROR IS NOT A CONTRACT. If a Product is listed at a manifestly incorrect price - a decimal error, a currency error, a zero - we are not obliged to supply it at that price, even after an order confirmation. We will cancel and refund in full, and tell you.
14.5 CANCELLING. Production begins quickly, and once it has begun we cannot stop it. There is normally a short window - usually within the first day, while the order is still on hold with our fulfilment partner - during which we can cancel. Use Orders > Need help immediately. After that, Section 8 of the Return and Refund Policy applies.
14.6 QUANTITIES. We may limit or refuse the quantity of any Product ordered, by order, by account, by address or by payment method.
14.7 RISK AND TITLE. Title and risk of loss pass to you on delivery to the address you gave us, or where the law of your country provides otherwise, as that law provides.
14.8 BUYING YOUR OWN PRODUCT. You may buy your own Product. Where you buy it at your retail price, you earn your own margin like any other sale, and it counts towards your sales figure. Where you buy at base price using the base-price setting, you pay production cost, earn nothing, and it still counts as a sale. Using this to inflate your metrics, to launder payments, or to test payment credentials, is a breach of these Terms.
14.9 NOT FOR RESALE WITHOUT PERMISSION. Products are sold to end consumers. If you want to buy for resale, wholesale or distribution, contact us first.
14.10 AGE-RESTRICTED USE. Some Blanks are apparel or homewares only. Nothing sold through Persona is protective equipment, a medical device, a child safety product, or certified for any regulated use, and nothing sold through Persona should be treated as such. Do not use a Product in a way it is not intended for.
14.11 CARE AND USE. Follow the care instructions on the product page and the garment label. Printed goods are consumer textiles: they fade, they shrink, and they wear. Damage from misuse, unusual laundering, ironing over the print, or normal wear is not a defect.
15.1 WHAT IS SHOWN. Prices are shown before you pay, together with shipping and any tax or duty amount that applies to your address and delivery method. You see the total before you confirm.
15.2 CURRENCY. We can present prices and charge in a range of local currencies. Where we do, the amount is converted at a rate obtained from our payment provider at the time of the transaction and is fixed for that transaction. Your bank or card issuer may apply its own conversion or a foreign transaction fee on top; that is a matter between you and them and we do not receive it. Where a local currency is not available, or the amount is below your currency's minimum charge, we charge in US dollars.
15.3 TAX. Where we are required to collect a sales tax, VAT or GST on a sale, it is calculated at checkout for your delivery address and shown before you pay. Where an amount shown is an estimate rather than a statutory rate, it is labelled as an estimate.
15.4 INTERNATIONAL ORDERS AND IMPORT CHARGES. For a delivery that crosses a customs border, the destination country may charge import VAT, customs duty, a handling fee, or a brokerage fee. Where those charges are not collected at checkout, THEY ARE PAYABLE BY THE RECIPIENT before the parcel is released, and they are not included in the price you paid. We cannot predict them and we do not refund them. If a parcel is refused or abandoned because the recipient will not pay them, Section 10 of the Shipping Policy applies.
15.5 SHIPPING. Shipping is calculated at checkout from your address, the items in your bag and the method you choose. See the Shipping Policy.
15.6 DISCOUNTS. Where a subscription tier includes an order discount, it is applied at checkout and is subject to a per-line cap. Discounts, vouchers and referral credits do not combine unless the app says they do.
15.7 CHANGES. We may change prices at any time. The price that applies to your order is the one shown at the moment you confirm it.
16.1 WHO TAKES THE PAYMENT. Physical Products are paid for through Stripe on our account. We never see or store your full card number, its security code, or your bank credentials.
16.2 HOW THE CHARGE WORKS. When you confirm, we place an authorisation hold on your payment method for the order total. We capture the payment when the order is finalised and sent for production. If we cannot finalise it - a stock failure, a supplier rejection, a failed validation - we release the hold and you are not charged. An authorisation hold can still appear on your statement as a pending item for a few days; that is your bank's process, not a charge.
16.3 YOU AUTHORISE THE CHARGE. By confirming an order you authorise us to charge your chosen payment method for the total shown, including tax and shipping.
16.4 IF A PAYMENT FAILS. We may retry, or cancel the order. You remain responsible for any amount properly owed.
16.5 FRAUD SCREENING. Payments are screened for fraud by our payment provider. We may decline a transaction, ask for verification, or cancel an order on the basis of that screening.
16.6 CHARGEBACKS. If you have a problem with an order, contact us first - use Orders > Need help. We will almost always resolve it faster than a bank dispute can. Raising a chargeback for an order we have already refunded or replaced, or in place of contacting us, may result in your account being suspended pending resolution, and we may recover the disputed amount and any associated fee from you.
16.7 DIGITAL PURCHASES ARE DIFFERENT. Subscriptions, Credit packs and paid remix unlocks are bought through the Apple App Store or Google Play, not through Stripe. Section 17 applies to them.
17.1 WHAT IS SOLD THROUGH THE STORE. Subscriptions, Credit packs and paid remix unlocks are digital items sold through the Apple App Store or Google Play, and are governed by that Store's terms as well as these Terms. Physical Products are never sold through in-app purchase.
17.2 PLANS. Persona offers a free tier and paid tiers, each available monthly or annually. Each paid tier includes a monthly Credit allowance and may include additional features such as profile personalisation, creator analytics, priority support and an order discount. The tiers, their contents and their prices are shown on the subscription screen at the time of purchase, and those are the terms that apply to your purchase.
17.3 AUTO-RENEWAL. PAID SUBSCRIPTIONS RENEW AUTOMATICALLY. Unless you cancel, your subscription renews at the end of each period at the then-current price, and your payment method on file with the Store is charged within 24 hours before the period ends. Annual plans renew annually; their Credit allowance is granted monthly, not as a single yearly block.
17.4 HOW TO CANCEL. Cancel at any time through the Store, not through Persona:
iOS Settings > [your name] > Subscriptions > Persona > Cancel
Android Play Store > Profile > Payments and subscriptions >
Subscriptions > Persona > Cancel
Cancel at least 24 hours before the period ends to avoid the next charge. Cancelling stops future renewals; it does not refund the period you are in, and you keep the plan's benefits until that period ends.
17.5 WHAT HAPPENS WHEN A PLAN ENDS. Plan Credits are removed at the end of the credit period. Purchased Credits remain. Tier features - profile themes, fonts, analytics, order discounts - stop.
17.6 FREE TRIALS AND INTRODUCTORY OFFERS. Where an offer is available it is described at the point of purchase. Unless you cancel before the introductory period ends, the subscription converts to a paid subscription automatically at the standard price. An unused portion of a free trial is forfeited if you buy a subscription during it.
17.7 PRICE CHANGES. We may change subscription prices. Where we do, the change applies from your next renewal, and the Store will notify you and, where required, ask you to consent before charging the new price. If you do not agree, cancel before the renewal.
17.8 CHANGING TIERS. Upgrades, downgrades and switches between monthly and annual are handled by the Store and take effect according to the Store's proration rules.
17.9 REFUNDS ON STORE PURCHASES. WE CANNOT REFUND A STORE PURCHASE. Apple and Google process their own refunds under their own policies:
Apple reportaproblem.apple.com Google Play Store > Order history, or play.google.com
If a refund is granted for a subscription or a Credit pack, we may remove the corresponding Credits or entitlement from your account, including where the balance has since been spent, which can leave the balance at zero.
17.10 CONSUMABLES. Credits and paid remix unlocks are consumable digital items. Once delivered they are consumed on use and are not restorable if you change device or reinstall, except as your Store's account records allow.
17.11 NO CASH VALUE, NO TRANSFER. Subscriptions, Credits and unlocks are personal to your account and are not transferable, saleable or assignable.
17.12 IF A SUBSCRIPTION IS BOUGHT ON THE WRONG ACCOUNT. Entitlements attach to the Persona account signed in at the time of purchase. We cannot move a purchase between Persona accounts. Sign in first, then buy.
18.1 WHAT THEY ARE. A Persona gift card is closed-loop stored value that can be applied to a Persona order at checkout. Gift cards are sold in whole dollars from $5 to $1,000.
18.2 PROCESSING FEE. The purchaser pays the payment-processing fee on top of the face value. The full face value is loaded onto the card; the fee is shown before purchase.
18.3 HOW THEY SPEND. A gift card can only be used at Persona checkout. If an order costs less than the balance, the remainder stays on the card for next time. If it costs more, the difference is charged to your payment method.
18.4 WHAT THEY CANNOT DO. A gift card cannot be redeemed for cash except where the law of your state or country requires it; cannot be used to buy another gift card; cannot be used to buy Credits, a subscription or a remix unlock; cannot be transferred to a Persona balance or withdrawn; and cannot be reloaded.
18.5 EXPIRY AND FEES. Persona gift cards do not expire and carry no dormancy, inactivity or service fee.
18.6 LIMITS. You may hold up to five active gift cards at a time. We may refuse to issue, may void, and may decline to honour a gift card that we reasonably believe was obtained fraudulently, bought with a stolen instrument, or is being used to launder funds or test payment credentials.
18.7 LOST OR STOLEN. Treat a gift card code like cash. We are not responsible for a code that is lost, stolen, or shared with someone who spends it. If you believe a code has been compromised, tell us immediately and we will help where we can.
18.8 REFUNDS INVOLVING A GIFT CARD. Where an order paid for partly or wholly with a gift card is refunded, the gift-card portion goes back onto the gift card, not to a card or a bank account.
18.9 IF WE STOP SELLING GIFT CARDS. Cards already issued remain valid and spendable, subject to these Terms.
19.1 PROMOTIONS. From time to time we offer promotional codes and vouchers. Each has its own terms shown at the point of use - who is eligible, what it applies to, whether it is limited to a first order, when it expires, and whether it combines with anything else. Where a promotion's terms and these Terms conflict, the promotion's terms govern that promotion.
19.2 REFERRALS. You get a personal referral code. When a new user signs up with it and places their first order:
- the new user receives a percentage discount on that first order; and - you receive a credit of the same percentage of that order's value.
The current percentage is shown on the Refer a friend screen and applies as shown at the time the referred order is placed.
19.3 REFERRAL RULES. A referral must be a genuine new user who has not held a Persona account before. You may not:
If you promote your code publicly, you must clearly disclose that you receive a benefit if someone uses it. That is required by advertising law in many countries, including by the US Federal Trade Commission.
19.4 WE MAY WITHHOLD OR REVERSE. We may withhold, reverse, cancel or refuse a promotional benefit, a referral reward or a discount where we reasonably believe it was obtained in breach of 19.1 to 19.3, where the underlying order is cancelled, refunded or charged back, or where the code was obtained in error. We may end or change any promotion or the referral programme at any time, prospectively.
19.5 PROMOTIONAL VALUE IS NOT MONEY. Vouchers, referral rewards and discounts have no cash value and are not redeemable for cash.
20.1 WHO CAN EARN. Any Creator aged 16 or over earns on their sales. You must be 18 or over to set up a payout account and withdraw.
20.2 WHAT YOU EARN. On a physical Product: the retail price you set, minus the production cost of the Product as quoted to you, multiplied by quantity. On a paid remix unlock: 75% of the net amount we receive (Section 11.5).
20.3 THE THREE STATES OF YOUR BALANCE:
Pending earned when a Buyer's payment is captured. Not yet
withdrawable.
Available released 14 days after the order is recorded as delivered,
provided no issue case is open on it. Withdrawable.
Withdrawn transferred to your bank through our payments provider.
20.4 WHY THE HOLD EXISTS. The 14-day hold after delivery covers the period in which a Buyer can report a problem and in which a payment dispute typically surfaces. It is a condition of earning on Persona, not a fee.
20.5 EARNINGS ARE FROZEN WHILE A CASE IS OPEN. If a Buyer opens an issue on an order, the earnings on that order do not release until the case is resolved. If the order is refunded, the earnings accrual is reversed and no money is paid on it. A refund never funds a balance.
20.6 A REFUND AFTER RELEASE. If an order is refunded after your earnings on it have already been released to Available, we absorb the loss. We do not claw it back from you and we do not put your account into debt. This does not apply where the refund arises from your breach of these Terms, from fraud, or from an intellectual property claim against your Design - in those cases we may recover the amount from your balance or from you.
20.7 CANCELLED ORDERS NEVER PAY OUT, whatever the timing.
20.8 WITHDRAWING. Withdrawals are made through Stripe Connect Express. You must complete that provider's onboarding and identity verification, and you agree to their connected-account agreement directly with them. We do not see or store your bank details or identity documents.
20.9 PAYOUT COUNTRIES. Payouts are available in the countries listed in the app under Payouts. Your payout country is fixed by our payments provider when the account is created and CANNOT BE CHANGED afterwards. Choose the country your bank account is actually in. If you move countries, you may need a new payout account, which our provider may or may not permit.
20.10 MINIMUM. The minimum withdrawal is $5.00.
20.11 TIMING AND FEES. Withdrawals are initiated by us and settled by our payments provider on their schedule. Cross-border and currency-conversion fees charged by that provider or by your bank may reduce the amount that arrives. We do not control or receive those fees.
20.12 WE MAY WITHHOLD. We may hold, delay, offset or refuse a payout where:
We will tell you when we do this and why, unless the law prevents us.
20.13 SET-OFF. We may set off any amount you owe us against any amount we owe you.
20.14 DORMANT BALANCES. If your account is inactive and holds a balance, we will make reasonable attempts to contact you at your registered email. Where unclaimed-property law requires it, we will handle the balance as that law requires.
20.15 ACCURACY. Our records of orders, earnings, releases and withdrawals are the authoritative record. If you think a figure is wrong, tell us within 90 days of it appearing, and we will investigate.
20.16 EARNINGS ARE NOT A WAGE. You are an independent creator, not our employee, agent, partner or joint venturer. Nothing in these Terms creates an employment relationship, and you are responsible for your own costs, insurance and taxes.
21.1 YOU ARE RESPONSIBLE for determining, reporting and paying any income tax, self-employment tax, VAT, GST, business tax, social contribution or other tax that arises from your earnings on Persona. We do not give tax advice.
21.2 TAX INFORMATION. We, or our payments provider, may be required to collect tax information from you - for example a Form W-9 or W-8BEN, a tax identification number, or a VAT number - and to report your earnings to a tax authority. You agree to give us accurate information promptly when asked. If you do not, we may be required to withhold from your payouts, to suspend payouts, or to close your payout account.
21.3 WITHHOLDING. Where law requires us or our provider to withhold tax from a payment to you, we will withhold it and remit it, and the amount you receive will be reduced accordingly.
21.4 BUYERS' TAXES. Tax and import charges on purchases are covered by Section 15.
22.1 WHO CAN USE THEM. Comments and direct messages are available to users aged 16 and over.
22.2 PUBLIC AND PRIVATE. Your profile, your published Products, your public collections, your comments and your follower and following counts are visible to other users and, where you share a link, to people outside Persona. Direct messages are visible to you and the person you sent them to.
22.3 MESSAGES ARE NOT PRIVATE FROM US. Direct messages are not end-to-end encrypted. We can access message content where we need to for safety, to investigate a report, to comply with a legal obligation, or to operate the service.
22.4 WHO CAN MESSAGE YOU. By default only people you follow can start a conversation with you. You can change this in Settings to everyone, people you follow, people who follow you, or mutual follows. Changing the setting does not close a conversation that is already open - use blocking for that.
22.5 BLOCKING. You can block any account. Blocking stops them messaging you and hides your content from them within Persona. Blocking takes precedence over any existing conversation or follow relationship. Blocking is not a guarantee that a determined person cannot see public content by other means.
22.6 DELETING A MESSAGE OR COMMENT removes it from Persona. It does not retrieve a screenshot, a copy, or a notification that has already been delivered.
22.7 NO UNSOLICITED COMMERCIAL MESSAGES. Do not use messages, comments or your profile to send bulk unsolicited commercial content, to recruit for a scheme, or to direct users to complete a transaction outside Persona in order to avoid our fees.
22.8 NOTIFICATIONS. We send transactional notifications about your orders, your earnings, your account and activity you have opted into. You can control push notifications in your device settings. We will still send you the transactional emails a purchase or an account action requires.
23.1 HOW TO REPORT. Use the "..." menu on a profile, a product, a comment or a message to report it. You choose a reason - spam, harassment, hate, sexual content, violence, self-harm, impersonation, intellectual property, or other - and you can add detail. You can also write to legal@[[DOMAIN]] with the same information. Anyone, including someone without a Persona account, may notify us of illegal content at that address.
23.2 WHAT WE DO WITH A REPORT. Reports go to a queue and are reviewed by us. We may remove content, restrict its distribution, restrict features on an account, suspend an account, or close it. We may also decide no action is needed. We prioritise reports of imminent harm.
23.3 AUTOMATED TOOLS. We use automated image screening on artwork before it leaves the design studio, and automated signals to detect spam and abuse. Automated tools make mistakes in both directions. A decision to remove content or restrict an account for a serious matter is reviewed by a person before it becomes permanent.
23.4 WHAT WE WILL TELL YOU. Where we remove your content or restrict your account, we will tell you what was actioned, the general reason, whether an automated tool was involved, and how to appeal - unless telling you would be unlawful, would prejudice an investigation, or the content is manifestly illegal.
23.5 APPEALS. If you think we got it wrong, reply to the notice or write to legal@[[DOMAIN]] within six months. Tell us what was actioned and why you think the decision was wrong. We will review it, a person will make the final decision, and we will tell you the outcome. We do not decide appeals solely by automated means.
23.6 ADDITIONAL RIGHTS IN THE EUROPEAN UNION. If you are in the EU, you may also be entitled to refer a dispute about our decision to a certified out-of-court dispute settlement body under Article 21 of the Digital Services Act. That does not stop you going to court. Our point of contact for authorities and for users under the DSA is legal@[[DOMAIN]], and we accept communications in English.
23.7 REPEATED MISUSE. We may suspend, for a reasonable period and after warning, users who frequently post manifestly illegal content, and reporters who frequently submit manifestly unfounded reports.
23.8 LAW ENFORCEMENT AND LEGAL PROCESS. We respond to valid legal process. We may preserve and disclose information where we believe in good faith it is necessary to comply with law, to enforce these Terms, to detect or prevent fraud or a security issue, or to protect the rights, property or safety of anyone. Requests should go to legal@[[DOMAIN]].
24.1 BY YOU. Stop using Persona whenever you like, and delete your account from Settings (Section 5.5).
24.2 BY US. We may suspend or terminate your account, or restrict any part of the service, if:
24.3 NOTICE. Except where a breach is serious, unlawful, or requires immediate action, we will give you notice and, where the breach can be fixed, a reasonable chance to fix it.
24.4 WHAT HAPPENS ON TERMINATION.
- your access ends and your published Products are removed from sale; - Credits, promotional balances and unredeemed rewards are forfeited where the termination is for your breach; - an earned balance remains payable to you unless it was earned through fraud, through a breach of these Terms, or is subject to a claim or a legal obligation to withhold. We will tell you how to claim it; - orders already placed are completed or refunded; - Section 25 and Sections 28 to 37 survive; and - your data is handled as the Privacy Policy describes.
24.5 WE MAY DISCONTINUE PERSONA. If we shut the service down, we will give as much notice as we reasonably can, stop accepting new orders, complete or refund orders in flight, and make a reasonable window available for you to withdraw an earned balance and export your content.
25.1 Persona depends on services operated by other companies - payment processing, print fulfilment, cloud hosting, search, AI infrastructure, app stores, sign-in providers and push delivery. They are listed in the Privacy Policy.
25.2 Where you enter into a direct relationship with one of them - a Store, your payout account provider, a sign-in provider - their terms govern that relationship and we are not a party to it.
25.3 Persona may contain links to other sites and services. We do not control them, we do not endorse them, and we are not responsible for their content, their products or their privacy practices.
25.4 We are not liable for a failure, an outage, a delay, a price change or a policy change at a third-party service, beyond our obligations to you as seller of a Product you have bought.
This section applies if you obtained Persona from the Apple App Store. In it, "Application" means the Persona app and "Licensor" means us.
26.1 ACKNOWLEDGEMENT. These Terms are between you and Licensor only, not with Apple. Licensor, not Apple, is solely responsible for the Application and its content.
26.2 SCOPE OF LICENCE. The licence granted to you for the Application is a limited, non-transferable licence to use the Application on any Apple branded product that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions, except that the Application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
26.3 MAINTENANCE AND SUPPORT. Licensor is solely responsible for providing maintenance and support for the Application. Apple has no obligation to provide any maintenance and support services.
26.4 WARRANTY. Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility.
26.5 PRODUCT CLAIMS. Licensor, not Apple, is responsible for addressing any claims relating to the Application or your possession and use of it, including product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation, including in connection with the Application's use of the HealthKit and HomeKit frameworks.
26.6 INTELLECTUAL PROPERTY CLAIMS. In the event of any third-party claim that the Application or your possession and use of it infringes that third party's intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of that claim.
26.7 LEGAL COMPLIANCE. You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
26.8 DEVELOPER NAME AND ADDRESS. Questions, complaints and claims about the Application should be directed to [[LEGAL ENTITY]], [[REGISTERED ADDRESS]], support@[[DOMAIN]].
26.9 THIRD-PARTY TERMS. You must comply with applicable third-party terms of agreement when using the Application.
26.10 THIRD-PARTY BENEFICIARY. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
27.1 If you obtained Persona from Google Play, your use is also subject to the Google Play Terms of Service. These Terms are between you and us, not Google. Google is not responsible for the Application or its content.
27.2 Digital purchases made through Google Play are processed by Google and are subject to Google's payment and refund policies.
28.1 PLEASE READ THIS SECTION WITH SECTION 29. Together they allocate risk between us. Some of what follows does not apply to consumers in jurisdictions that do not permit it - see 28.5 and 29.6.
28.2 THE SERVICE IS PROVIDED "AS IS". To the fullest extent permitted by law, Persona, the app, the website, the AI features, the catalogue data, the rankings, the search results, the mockups, the delivery estimates and everything else we provide are supplied "as is" and "as available", without warranty of any kind, whether express, implied or statutory.
28.3 WE SPECIFICALLY DISCLAIM, to the fullest extent permitted by law, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty arising from a course of dealing or usage of trade.
28.4 WE DO NOT WARRANT THAT:
28.5 WHAT WE DO NOT DISCLAIM. Nothing in these Terms excludes or limits:
If you are a consumer, the goods we sell you must be as described, of satisfactory quality and fit for purpose. That is not affected by anything in Section 28.
29.1 TO THE FULLEST EXTENT PERMITTED BY LAW, we and our officers, directors, employees, agents and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, data or content, however caused and under any theory of liability, even if we have been advised of the possibility.
29.2 CAP. To the fullest extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of Persona will not exceed the greater of:
For a claim about a specific order, our liability for that order will not exceed the amount you paid for it plus its shipping.
29.3 WE ARE NOT LIABLE FOR OTHER USERS. We are not liable for the conduct of other users, for content they post, for a Design that infringes someone's rights, for anything a user says in a comment or a message, or for any transaction, arrangement or dispute between you and another user.
29.4 WE ARE NOT LIABLE FOR THIRD-PARTY FAILURE. Subject to our obligations as seller of a Product you have bought, we are not liable for a failure, delay, error, outage or decision of a payment provider, a fulfilment partner, a carrier, a customs authority, an app store, an AI provider or a hosting provider.
29.5 BASIS OF THE BARGAIN. The disclaimers and limitations in Sections 28 and 29 are a fundamental part of the agreement between us and reflect a reasonable allocation of risk. They apply even if a limited remedy fails of its essential purpose.
29.6 CONSUMERS. Some jurisdictions do not allow the exclusion or limitation of certain damages or of implied warranties. Where that is the case, the exclusions and limitations above apply only to the extent permitted, and nothing in these Terms affects your non-waivable statutory rights. If you are a consumer in the EU or the UK, our liability for loss you suffer is limited to loss that was reasonably foreseeable as a result of our breach.
30.1 To the fullest extent permitted by law, you will defend, indemnify and hold harmless us and our officers, directors, employees, agents, suppliers and fulfilment partners from and against any claim, demand, proceeding, loss, liability, damage, penalty, cost and expense (including reasonable legal fees) arising out of or relating to:
30.2 We will notify you of any claim we seek indemnity for, and you will cooperate with us. We may take over the defence and settlement of any such claim at your expense, and you will not settle a claim in a way that imposes an obligation or an admission on us without our written consent.
30.3 This Section does not apply to a consumer to the extent the law of your country does not permit it, and does not apply to a claim caused by our own breach or negligence.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY DECIDE YOUR CLAIMS. IT CONTAINS AN OPT-OUT.
31.1 WHO THIS SECTION APPLIES TO. Section 31 applies to you if you reside in the United States. If you reside outside the United States, Section 32 applies to you instead and Section 31 does not.
31.2 INFORMAL RESOLUTION FIRST. Before starting an arbitration or a lawsuit, you agree to try to resolve the dispute informally. Send a written notice to legal@[[DOMAIN]] describing the dispute, what you want, and your account email. We will do the same if we have a dispute with you. Both of us agree to negotiate in good faith for 60 days from the date the notice is received. This step is a condition of starting a proceeding, and the limitation period is tolled while it runs.
31.3 AGREEMENT TO ARBITRATE. If the dispute is not resolved within 60 days, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, Persona, or your relationship with us - whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and whether it arose before, during or after these Terms ended - will be resolved by BINDING INDIVIDUAL ARBITRATION rather than in court, except as stated in 31.6 and 31.7.
31.4 THE RULES. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to decide all issues about the arbitrability of a claim, EXCEPT that a court decides whether 31.5 (the class waiver) is enforceable. If 31.5 is found unenforceable as to a particular claim, that claim proceeds in court and the rest of this Section still applies to every other claim.
31.5 CLASS AND REPRESENTATIVE ACTION WAIVER. YOU AND WE EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION OR ANY OTHER REPRESENTATIVE PROCEEDING. The arbitrator may award relief only to the individual party seeking it, and only to the extent needed to remedy that party's individual claim. The arbitrator may not consolidate more than one person's claims or preside over any form of representative or class proceeding.
31.6 SMALL CLAIMS. Either of us may bring an individual claim in a small claims court with jurisdiction, instead of arbitration, so long as the claim stays in that court and stays individual.
31.7 INJUNCTIVE RELIEF FOR INTELLECTUAL PROPERTY. Either of us may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
31.8 WHERE AND HOW. If your claim is for USD 25,000 or less, you may choose whether the arbitration is conducted on documents only, by telephone or video, or in person. If in person, it will be held in the county where you live or another mutually agreed place. An arbitrator's award may be entered as a judgment in any court with jurisdiction.
31.9 COSTS. We will pay the AAA filing, administration and arbitrator fees that the AAA Consumer Arbitration Rules require us to pay. If you can demonstrate that the costs of arbitration are prohibitive compared with litigation, we will pay as much of your filing and hearing fees as the arbitrator decides is necessary to prevent the arbitration being prohibitively more expensive than a court action. Each party otherwise bears its own legal fees, unless a statute or the arbitrator's award provides otherwise.
31.10 COORDINATED FILINGS. If 25 or more similar demands for arbitration are filed against us by or with the assistance of the same law firm or coordinated group, the demands will be administered in staged batches of no more than 50, each batch heard by a single arbitrator, with the limitation period tolled for the demands awaiting their batch. This is intended to make mass filings efficient for both sides, not to deny any individual a hearing.
31.11 YOUR RIGHT TO OPT OUT. YOU MAY OPT OUT OF SECTION 31 within 30 days of first accepting these Terms. To opt out, send an email to legal@[[DOMAIN]] with the subject "Arbitration Opt-Out" stating your name, your account email, and that you are opting out of the arbitration agreement. Opting out does not affect any other part of these Terms and will not disadvantage you in any way. If you opt out, disputes are resolved under Section 33 instead.
31.12 CHANGES TO THIS SECTION. If we materially change Section 31, the change does not apply to a dispute for which we already had actual notice, and you may reject the change by writing to legal@[[DOMAIN]] within 30 days of the change, in which case the previous version continues to apply between us.
31.13 ONE-YEAR LIMITATION. To the extent permitted by law, any claim arising out of or relating to these Terms or Persona must be brought within one year after it arises, or it is permanently barred. This does not apply where the law of your state prohibits shortening the limitation period.
32.1 If you reside outside the United States, Section 31 does not apply to you. Please contact us first at legal@[[DOMAIN]] - we resolve almost everything without a formal process.
32.2 CONSUMERS IN THE EUROPEAN UNION, THE EEA, THE UNITED KINGDOM AND SWITZERLAND. Nothing in these Terms deprives you of the protection of the mandatory law of the country you live in, or of your right to bring proceedings in the courts of that country. You may bring proceedings against us there, and we will bring proceedings against you only there.
32.3 ONLINE DISPUTE RESOLUTION. Where required, we will inform you of a competent alternative dispute resolution body. We are not obliged to, and do not currently, participate in a consumer ADR scheme, but that does not affect your statutory rights or your right to go to court.
32.4 CONSUMERS ELSEWHERE. If you are a consumer in Australia, New Zealand, Canada, India, Brazil, Japan or any other country whose law gives you non-waivable rights or a mandatory forum, those rights and that forum apply and are not limited by these Terms.
33.1 These Terms and any dispute arising from them are governed by the laws of the State of [[GOVERNING STATE]], United States, and the Federal Arbitration Act where it applies, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
33.2 For a claim not subject to arbitration under Section 31 - and for every user who has validly opted out of Section 31 - the state and federal courts located in [[VENUE COUNTY/STATE]] have exclusive jurisdiction, and you and we consent to personal jurisdiction there.
33.3 Sections 33.1 and 33.2 do not override Section 32. If you are a consumer outside the United States, the mandatory law and courts of the country you live in apply to you.
34.1 We may change these Terms. When we do, we update the version and the date at the top and publish the new text.
34.2 MATERIAL CHANGES. Where a change is material, we will give you notice in the app before it takes effect and, where the change affects your rights or obligations in a significant way, we will ask you to accept the new version before you continue using Persona. Continuing to use Persona after a change takes effect means you accept it.
34.3 CHANGES DO NOT APPLY RETROSPECTIVELY to an order already placed, a purchase already made, or a dispute already notified.
34.4 IF YOU DO NOT AGREE to a change, stop using Persona and delete your account. Where the change materially reduces something you have already paid for and you tell us within 30 days, we will refund the unused portion of that item where we are able to.
35.1 Persona is operated from the United States and is subject to United States export-control and sanctions law, as well as the law of other countries where we operate.
35.2 You represent that you are not located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive sanctions; that you are not owned or controlled by, or acting on behalf of, a person on a restricted-party list maintained by the US, the EU, the UK or the UN; and that you will not use Persona for any purpose prohibited by export-control law.
35.3 We may refuse service, cancel orders, block payments, withhold payouts and close accounts to comply with sanctions and export controls, and we may be legally prevented from telling you why.
35.4 We do not ship to every country. Where we cannot lawfully or practically ship to an address, we will cancel and refund.
36.1 We are not liable for a failure or delay in performing our obligations caused by an event beyond our reasonable control, including: act of God, flood, fire, earthquake, extreme weather, epidemic or pandemic, war, terrorism, civil unrest, strike or labour dispute, supplier or carrier failure, customs action, power or telecommunications failure, internet or cloud-provider outage, cyber attack, or a change in law or a government order.
36.2 If such an event affects your order, we will tell you, and if performance is delayed by more than 30 days you may cancel the affected part of the order and receive a full refund for it.
37.1 ENTIRE AGREEMENT. These Terms, together with the Privacy Policy, the Shipping Policy, the Return and Refund Policy and any terms shown at the point of a specific feature, are the entire agreement between you and us about Persona, and replace any earlier agreement or understanding.
37.2 SEVERABILITY. If any provision is found unenforceable, it is modified to the minimum extent necessary to make it enforceable, or if it cannot be, it is severed. The rest of these Terms remains in force. The class-action waiver in 31.5 is an exception: if it is found unenforceable in a proceeding, Section 31.4 governs what happens.
37.3 NO WAIVER. If we do not enforce a provision, that is not a waiver of it. A waiver is only effective if it is in writing and signed by us.
37.4 ASSIGNMENT. You may not assign or transfer these Terms or your account. We may assign these Terms to an affiliate, or in connection with a merger, acquisition, reorganisation or sale of assets, on notice to you.
37.5 NO AGENCY. Nothing in these Terms creates a partnership, joint venture, agency, franchise or employment relationship between you and us.
37.6 THIRD-PARTY RIGHTS. Except for Apple under Section 26.10, and except for our affiliates and personnel under Sections 29 and 30, no one other than you and us has any right to enforce these Terms.
37.7 SURVIVAL. Sections 3, 7.3, 7.5, 9, 12.4, 17.9 to 17.11, 20.13, 21, 24.4 and 25 to 37 survive termination.
37.8 NOTICES. We give you notice by email to the address on your account, by an in-app message, or by posting on our legal pages. You give us notice by email to legal@[[DOMAIN]], or in writing to [[REGISTERED ADDRESS]]. A notice is treated as received when sent, unless the sender is told it was not delivered.
37.9 ELECTRONIC COMMUNICATIONS. You consent to receive communications from us electronically - by email, in-app message and push notification - and you agree that electronic communications, agreements and records satisfy any legal requirement that they be in writing or signed. You may withdraw this consent by closing your account.
37.10 LANGUAGE. These Terms are drafted in English. Where we provide a translation it is for convenience only, and the English version governs any conflict, except where the law of your country requires otherwise.
37.11 HEADINGS. Headings are for reference only and do not affect meaning.
37.12 INTERPRETATION. "Including" means "including without limitation". A reference to a law includes that law as amended or replaced.
General and orders support@[[DOMAIN]] Privacy and data privacy@[[DOMAIN]] Legal, reports, DSA legal@[[DOMAIN]] Copyright (DMCA) dmca@[[DOMAIN]]
[[LEGAL ENTITY]] [[REGISTERED ADDRESS]]
Company number: [[COMPANY NUMBER]]
In the app: Settings > Help, and Orders > Need help for anything about an order.
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