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Terms of Service

Last updated: 22 June 2026

Effective Date: 26 June 2026

These Terms of Service (“Terms”) are a legal agreement between you and PersonaShield Technologies Inc., a Delaware corporation, d/b/a PersonaShield (“PersonaShield,” “we,” “us,” “our”). They govern your access to and use of the PersonaShield platform, website, APIs, and related services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Table of Contents

1. Overview of the Service

PersonaShield provides the following:

  • Rights Registry and Safeguards. Protected Users verify their identity, upload facial reference media, and configure safeguards that define what types of AI-generated content depicting their likeness are permitted or prohibited.
  • Violation Detection and Takedown Support. PersonaShield monitors social media platforms (currently X, Meta/Instagram/Facebook, and TikTok, with additional platforms as the Service expands) for AI-generated or manipulated images that may violate a Protected User’s safeguards. PersonaShield prepares evidence-backed takedown requests and submits them to platforms on behalf of Protected Users.
  • AI Image Generation. Creators use PersonaShield’s image generation tools to create AI-generated images of Protected Users within the safeguards those Protected Users have set. Images are available under a free tier (watermarked) or a paid tier (no watermark). All generated images are for personal, non-commercial use only, regardless of tier.
  • Protection Hub. A dashboard for Protected Users to track takedown requests, view flagged content, and manage safeguards.

2. Eligibility

You must be at least eighteen (18) years of age to use the Service. By accessing or using the Service, you represent and warrant that: (a) you are at least eighteen (18) years old; (b) you have the legal capacity to enter into these Terms and to form a binding agreement under applicable law; (c) you are not prohibited from using the Service under the laws of your jurisdiction; (d) your use of the Service will not violate any applicable law or regulation; (e) you have not previously been suspended or removed from the Service; and (f) if you are using the Service on behalf of an organization, you have the authority to bind that organization to these Terms.

Minors under eighteen (18) years of age are not permitted to create accounts or use the Service directly. If you are a parent or legal guardian of a minor who needs protection from AI-generated content depicting the minor’s likeness, you may contact us at support@personashield.com to discuss available options, which may include creating a Protected User account on behalf of the minor with appropriate parental consent and verification. Any such account shall be subject to additional verification requirements and parental consent documentation as required by applicable law, including but not limited to the Children’s Online Privacy Protection Act (COPPA) where applicable. PersonaShield reserves the right to require additional documentation to verify parental or guardian status before establishing protection for a minor.

3. Accounts

3.1 Registration

Protected Users must create an account and complete identity verification to use the Service. Creators may use certain features (such as anonymous image generation) without an account, subject to rate limits.

3.2 Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update your information as needed. You may not impersonate any person or misrepresent your identity.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@personashield.com if you become aware of any unauthorized access to your account.

3.4 One Account Per Person

Each Protected User account must correspond to one real person. You may not create multiple Protected User accounts for the same individual.

3.5 Account Termination

PersonaShield may suspend or terminate your account at any time for violation of these Terms, with or without prior notice depending on the severity of the violation. PersonaShield may also terminate your account for convenience upon thirty (30) days’ written notice. You may terminate your account at any time by contacting support@personashield.com or through your account settings.

Upon termination: (a) your right to access and use the Service immediately ceases; (b) PersonaShield will delete your biometric data in accordance with the Biometric Consent & Authorization and applicable law; (c) any licenses granted to you under these Terms terminate, except that licenses to images generated during an active paid subscription period shall survive as set forth in Section 7.4; (d) you remain liable for any fees or obligations incurred prior to termination; and (e) Sections 7.5, 8, 10, 11, 12, 13, 14, 15, 17.3, and 19 shall survive termination.

3.6 Data Security

PersonaShield implements and maintains reasonable administrative, technical, and physical safeguards designed to protect your personal information and biometric data against unauthorized access, disclosure, alteration, or destruction. These safeguards include encryption of data in transit and at rest, access controls, and regular security assessments. However, no method of transmission over the Internet or electronic storage is completely secure, and PersonaShield cannot guarantee absolute security.

In the event of a data breach affecting your personal information or biometric data, PersonaShield will notify you in accordance with applicable law. Where required by law, such notification will include: (a) a description of the nature of the breach; (b) the types of information involved; (c) steps PersonaShield is taking to address the breach; and (d) steps you can take to protect yourself. PersonaShield will provide such notification without unreasonable delay and in no event later than required by applicable law.

3.7 Modifications to Terms

PersonaShield may modify these Terms at any time. For material changes, PersonaShield will provide at least thirty (30) days’ advance notice via email to the address associated with your account or through a prominent notice within the Service. Non-material changes may take effect immediately upon posting. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and terminate your account before the effective date of the modification. The “Last Updated” date at the top of these Terms indicates when the Terms were most recently revised.

4. Related Agreements

Your use of the Service is governed by these Terms together with:

  • Privacy Policy — Describes how we collect, use, share, and protect your personal information.
  • Biometric Consent & Authorization — A separate, standalone agreement required before PersonaShield collects or processes any biometric data (facial reference media and derived facial data). You must agree to the Biometric Consent & Authorization during onboarding before accessing protected features.

In the event of a conflict between these Terms and the Biometric Consent & Authorization regarding the treatment of biometric data, the Biometric Consent & Authorization controls.

5. Protected User Obligations

As a Protected User, you agree to:

5.1 Accurate Identity Verification

Provide truthful and accurate information during identity verification. Submitting false identity information is grounds for immediate account termination.

5.2 Truthful Safeguard Configuration

Configure safeguards that accurately reflect your preferences. You are responsible for reviewing and updating your safeguards as your preferences change.

5.3 Takedown Authorization Accuracy

You authorize PersonaShield to submit takedown requests on your behalf as described in the Biometric Consent & Authorization. You must not authorize takedowns against content that:

  • You have consented to or authorized
  • Does not actually depict your likeness
  • Does not violate your configured safeguards

Submitting or authorizing false or bad-faith takedown requests is a violation of these Terms and may result in account suspension or termination.

5.4 Understanding of PersonaShield’s Role

PersonaShield acts as your authorized representative for the limited purpose of preparing and submitting takedown requests. PersonaShield is not a law firm and does not provide legal advice. Platforms make the final decision on all takedown requests. PersonaShield cannot guarantee removal outcomes, removal timelines, or that all infringing content will be detected.

6. Takedown Service

6.1 How Takedowns Work

PersonaShield monitors designated platforms for images that may violate a Protected User’s safeguards. When a potential violation is detected, PersonaShield:

  • Analyzes the image using facial recognition and content moderation tools
  • Determines whether the image violates the Protected User’s safeguards
  • Compiles an evidence packet including verified identity, post information, violation analysis, and likeness data
  • Presents detected violations to the Protected User via the Protection Hub and email. Takedown requests are submitted only upon the Protected User’s approval.

6.2 Platform Decisions

Takedown requests are submitted under the applicable platform’s terms of service, as well as applicable rights of publicity, trademark, and defamation law where relevant. Platforms make the final removal decision. PersonaShield does not control platform review processes, timelines, or outcomes.

6.3 Re-Upload Suppression

PersonaShield uses perceptual hashes and image embeddings to detect close variants and re-uploads of previously removed content. Re-upload suppression is provided on a best-effort basis and is not guaranteed to catch all variants.

6.4 Appeals and False Positives

PersonaShield strives to maintain high accuracy in its violation detection system and continuously works to minimize false positives. If content is incorrectly flagged or a takedown request is submitted in error, affected parties may submit an appeal by contacting support@personashield.com within fourteen (14) days of the flag or takedown submission. Appeals must include: (a) identification of the content at issue; (b) the basis for the appeal; and (c) any supporting evidence. PersonaShield will review appeals within forty-eight (48) hours and provide a written determination. If PersonaShield determines that a flag was incorrect, PersonaShield will withdraw the takedown request or notify the platform. Appellants may request human review of any automated decision by indicating such request in their appeal.

PersonaShield may publish periodic transparency reports regarding takedown request volume, outcomes, and appeals activity. The format, frequency, and scope of any such reports shall be determined by PersonaShield in its sole discretion.

6.5 Platform Dependency

The effectiveness of PersonaShield’s takedown support services depends on third-party platform policies, API access, and cooperation. Platform policies may change without notice. PersonaShield does not guarantee continued access to any specific platform’s APIs or submission systems. PersonaShield’s obligations regarding takedown support are suspended if PersonaShield loses API access, if a platform changes its policies to reject submissions of this type, or if technical or legal barriers prevent submission. PersonaShield will notify you promptly of any such changes and, where possible, seek alternative methods of supporting your protection needs.

6.6 Right of Publicity Variation

The effectiveness of takedown requests depends in part on applicable laws in your jurisdiction. Rights of publicity and personality rights vary significantly by state and country. PersonaShield makes no guarantee that takedown requests will be successful, as this depends on platform policies, applicable law in your jurisdiction, and the specific facts of each case. Users in jurisdictions without robust right of publicity protections may experience limited effectiveness.

7. AI Image Generation

7.1 How Generation Works

Creators submit a text prompt and select a target Protected User. PersonaShield checks the prompt against the target Protected User’s safeguards before generating any image. If the prompt violates the safeguards, the request is rejected and the Creator is informed of the reason.

7.2 Free Tier

  • Non-commercial use only
  • Generated images include a visible watermark
  • No takedown risk for content that complies with safeguards
  • Subject to rate limits

7.3 Paid Tier

  • Personal, non-commercial use only
  • No watermark
  • Revenue share with the depicted Protected User
  • Subject to the subscription terms in Section 9

7.4 Content Ownership and Licensing

Generated images. When you create an image using the Service, you receive a license to use the Service output under the terms of your tier (free or paid). The availability of intellectual property protection for AI-generated content is subject to evolving law, and PersonaShield makes no representation regarding the copyrightability of any image generated through the Service. This license is:

  • Free Tier: A non-exclusive, non-transferable, revocable license for personal, non-commercial use only. You may modify licensed images, provided modified images remain subject to all restrictions in these Terms, including attribution requirements and acceptable use restrictions.
  • Paid Tier: A non-exclusive, non-transferable license for personal, non-commercial use for the duration of your active subscription, which becomes perpetual and irrevocable for images generated during periods when your subscription was active and fees were paid in full. If your subscription lapses, you may continue to use images previously generated during active subscription periods, but may not generate new images until your subscription is renewed. You may modify licensed images, provided modified images remain subject to all restrictions in these Terms, including attribution requirements and acceptable use restrictions.

PersonaShield does not claim ownership of images generated by users through the Service. PersonaShield retains the right to use generated images for operating, maintaining, and improving the Service, including for safety and moderation purposes.

Protected User likeness. Nothing in these Terms transfers any rights in a Protected User’s likeness to a Creator. The Protected User retains all rights of publicity and other personality rights in their likeness.

7.5 Provenance and Watermarks

All generated images include provenance metadata (C2PA) and, for the free tier, a visible watermark. You must not remove, alter, obscure, or disable any provenance metadata, digital watermarks, content credentials, or other authenticity indicators embedded in images generated through the Service. Violation of this requirement constitutes a material breach of these Terms and may result in immediate termination of your account and license.

7.6 No Guarantee of Availability

Image generation may be unavailable, delayed, or restricted due to system capacity, safeguard changes by Protected Users, model limitations, or other factors. PersonaShield does not guarantee that any particular image can be generated.

8. Acceptable Use

You agree not to use the Service to:

  • Deceive or defraud. Create or distribute AI-generated images intended to mislead others into believing the content is real, or to impersonate a Protected User.
  • Harass, threaten, or defame. Create or distribute content that harasses, threatens, intimidates, or defames any person.
  • File false takedown requests. Authorize or submit takedown requests against content that does not violate your safeguards or that you have consented to.
  • Circumvent safeguards. Attempt to bypass prompt moderation, safeguard policies, watermarks, provenance metadata, or other protective measures.
  • Reverse-engineer. Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or models underlying the Service.
  • Abuse API access. Access the Service through automated means beyond the documented APIs, or exceed applicable rate limits.
  • Violate laws. Use the Service in any manner that violates applicable local, state, national, or international law or regulation.
  • Infringe rights. Use the Service in a manner that infringes the intellectual property, privacy, or other rights of any third party.

PersonaShield may suspend or terminate your account and remove content if you violate this Section 8, with or without prior notice depending on the severity of the violation.

9. Payments and Subscriptions

9.1 Payment Processing

All payments are processed by Stripe. By subscribing to a paid plan, you agree to Stripe’s terms of service in addition to these Terms. PersonaShield does not store your full credit card number.

9.2 Subscription Terms

Paid subscriptions are billed on a recurring basis (monthly or annually, as selected). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

9.3 Cancellation

You may cancel your subscription at any time through your account settings or by contacting support@personashield.com. Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until the end of your current billing period.

9.4 Refunds

Subscription fees are generally non-refundable, except where required by applicable law. If you believe you are entitled to a refund, contact support@personashield.com.

9.5 Price Changes

PersonaShield may change subscription prices with at least 30 days’ notice. Price changes take effect at the start of your next billing period after the notice period. If you do not agree with a price change, you may cancel your subscription before the change takes effect.

9.6 Revenue Share

Protected Users may be eligible to receive a share of revenue generated from paid-tier image generation depicting their likeness. The specific percentages, payment thresholds, schedules, and other material terms shall be set forth in a separate Revenue Share Agreement that Protected Users must execute before receiving revenue share payments. Notwithstanding the foregoing, the following baseline terms apply:

  • (a) Minimum payment threshold of fifty U.S. dollars ($50);
  • (b) Payments processed monthly within thirty (30) days following the end of each calendar month;
  • (c) Payments made via ACH, wire transfer, or other methods specified in the Revenue Share Agreement;
  • (d) Protected Users may request an annual audit of revenue share calculations at their own expense, provided that if such audit reveals a discrepancy of five percent (5%) or more in PersonaShield’s favor, PersonaShield shall bear the reasonable cost of the audit;
  • (e) Disputes regarding revenue share calculations must be raised within thirty (30) days of payment; and
  • (f) Upon account termination, accrued but unpaid revenue share shall be paid within sixty (60) days, subject to the minimum payment threshold.

By using the paid-tier generation features, you acknowledge that revenue share is subject to execution of such separate agreement.

9.7 Tax Obligations

Protected Users receiving revenue share payments must provide required tax documentation (including IRS Form W-9 for U.S. persons or Form W-8BEN or W-8BEN-E for non-U.S. persons) before receiving payments. You acknowledge that you are solely responsible for reporting revenue share payments as income and paying all applicable taxes. PersonaShield may withhold payments until required tax forms are received and may issue IRS Form 1099 or other tax reporting documents as required by law.

10. Intellectual Property; Dependencies

10.1 PersonaShield’s Intellectual Property

PersonaShield owns all rights, title, and interest in and to the Service, including its software, algorithms, AI models, designs, trademarks, and documentation. Nothing in these Terms grants you any right to use PersonaShield’s trademarks, logos, or branding without prior written permission.

10.2 Your Content

You retain ownership of content you upload to the Service, including facial reference media, safeguard configurations, and profile information. By uploading content, you grant PersonaShield a non-exclusive, worldwide, royalty-free license to use, process, store, and display that content solely for the purposes of providing and improving the Service.

10.3 Protected User Likeness

Protected Users retain all rights of publicity, personality rights, and other proprietary rights in their name, image, and likeness. The Service facilitates the management and enforcement of those rights; it does not transfer them.

10.4 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant PersonaShield a non-exclusive, royalty-free, perpetual, irrevocable license to use that feedback for any purpose without obligation to you.

10.5 Third-Party Platform Dependencies

The Service integrates with and relies upon third-party platforms, services, and providers, including social media platforms, cloud infrastructure providers, payment processors, and AI service providers. Your use of the Service may be subject to the terms, policies, and availability of such third-party services. PersonaShield is not responsible for the acts, omissions, availability, or policies of any third-party platform or service provider. Changes to third-party platform terms, APIs, or policies may affect the functionality, availability, or performance of the Service, and PersonaShield shall not be liable for any such impact. PersonaShield does not endorse and is not affiliated with any third-party platform unless expressly stated.

11. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONASHIELD DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.

Without limiting the foregoing, PersonaShield does not warrant that:

  • The Service will detect all AI-generated or manipulated content depicting a Protected User
  • Takedown requests will be successful or processed within any particular timeframe
  • Platforms will remove or suppress flagged content
  • AI-generated images will be free of errors, artifacts, or unintended content
  • The Service will be uninterrupted, error-free, or secure
  • Re-upload suppression will catch all variants of removed content

Platform policies, review processes, and enforcement practices are outside PersonaShield’s control and may change without notice.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERSONASHIELD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY LAW, PERSONASHIELD’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO PERSONASHIELD IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF PERSONASHIELD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13. Indemnification

You agree to indemnify, defend, and hold harmless PersonaShield, its directors, officers, employees, agents, affiliates, and their successors and assigns from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your violation of these Terms
  • False or bad-faith takedown requests authorized or submitted through your account
  • Misrepresentation of your identity during verification
  • Your violation of any third-party rights through your use of the Service, except to the extent such claims arise primarily from defects in PersonaShield’s technology or processes
  • For Protected Users, any content you uploaded to the Service that you did not have rights to upload

14. Dispute Resolution

14.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Nevada, without regard to its conflict of laws principles.

14.2 Informal Resolution

Before initiating any formal proceeding, you agree to contact us at legal@personashield.com and attempt to resolve the dispute informally for at least 30 days.

14.3 Arbitration

If the dispute is not resolved informally, you and PersonaShield agree to resolve it through binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in Clark County, Nevada, unless you and PersonaShield agree otherwise. The arbitrator’s decision will be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

14.4 Class Action Waiver

YOU AND PERSONASHIELD AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND ANY OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY. THIS WAIVER APPLIES IN ARBITRATION AND, IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, IN LITIGATION. BOTH PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, WHETHER AS A REPRESENTATIVE OR A CLASS MEMBER. TO THE EXTENT PERMITTED BY LAW, THIS WAIVER INCLUDES CLAIMS BROUGHT UNDER THE CALIFORNIA PRIVATE ATTORNEYS GENERAL ACT (“PAGA”); PROVIDED, HOWEVER, THAT IF A COURT DETERMINES THAT PAGA CLAIMS CANNOT BE WAIVED, SUCH CLAIMS SHALL BE STAYED PENDING RESOLUTION OF ALL ARBITRABLE CLAIMS.

IF TWENTY-FIVE (25) OR MORE CLAIMANTS SUBMIT DEMANDS FOR ARBITRATION RAISING SUBSTANTIALLY SIMILAR CLAIMS, AND ARE REPRESENTED BY THE SAME OR COORDINATED COUNSEL, THIS CONSTITUTES “MASS ARBITRATION.” IN SUCH CASES: (A) THE PARTIES SHALL COOPERATE IN GOOD FAITH TO SELECT FIFTEEN (15) CASES TO PROCEED AS BELLWETHER ARBITRATIONS; (B) ALL OTHER CASES SHALL BE STAYED PENDING RESOLUTION OF THE BELLWETHER ARBITRATIONS; (C) FOLLOWING THE BELLWETHER ARBITRATIONS, THE PARTIES SHALL ENGAGE IN A SINGLE MEDIATION SESSION TO ATTEMPT GLOBAL RESOLUTION; AND (D) IF MEDIATION IS UNSUCCESSFUL, THE REMAINING CASES SHALL PROCEED IN BATCHES OF NO MORE THAN FIFTY (50) AT A TIME. THE STATUTE OF LIMITATIONS AND ANY FILING FEE DEADLINES SHALL BE TOLLED FOR CLAIMS SUBJECT TO THIS BELLWETHER PROCESS FROM THE TIME THE FIRST BELLWETHER CASES ARE SELECTED UNTIL THE CLAIMANT’S CASE IS DESIGNATED TO PROCEED.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND PERSONASHIELD EACH WAIVE THE RIGHT TO A JURY TRIAL FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER IN ARBITRATION OR IN ANY COURT PROCEEDING. THIS WAIVER APPLIES REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

IF THE CLASS ACTION WAIVER IN THIS SECTION 14.4 IS FOUND TO BE UNENFORCEABLE AS TO A PARTICULAR CLAIM OR REQUEST FOR RELIEF (SUCH AS A REQUEST FOR PUBLIC INJUNCTIVE RELIEF), THEN THAT PARTICULAR CLAIM OR REQUEST FOR RELIEF SHALL BE SEVERED FROM THE ARBITRATION AND MAY BE LITIGATED IN COURT, WHILE THE REMAINING CLAIMS SHALL PROCEED IN ARBITRATION. IF ANY PORTION OF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THE REMAINDER OF THIS SECTION 14.4 SHALL REMAIN IN FULL FORCE AND EFFECT. NOTWITHSTANDING THE FOREGOING, IF THE CLASS ACTION WAIVER IS FOUND TO BE ENTIRELY UNENFORCEABLE, THEN THE ENTIRETY OF SECTION 14 (DISPUTE RESOLUTION) SHALL BE NULL AND VOID, AND DISPUTES SHALL BE RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN CLARK COUNTY, NEVADA.

14.5 Exceptions

Either party may bring suit in court for: (a) disputes regarding intellectual property rights (including injunctive relief); (b) claims in small claims court if they qualify; and (c) requests for injunctive or equitable relief. Illinois residents may have additional rights under the Illinois Biometric Information Privacy Act (“BIPA”) that cannot be waived, and the enforceability of this arbitration provision for BIPA claims is subject to judicial determination.

14.6 Opt-Out Right

You may opt out of this arbitration agreement by sending written notice to PersonaShield Technologies Inc., 7226 Estonian Place, Las Vegas, NV 89113, within thirty (30) days of first accepting these Terms. Your notice must include your name, address, email address, and a clear statement that you wish to opt out of the arbitration agreement.

14.7 Severability of Arbitration Provision

If the arbitration provision in this Section 14 is found to be unenforceable, disputes shall be resolved exclusively in the state or federal courts located in Clark County, Nevada, and you consent to personal jurisdiction in such courts.

15. Export Controls and Economic Sanctions

15.1 Compliance with Export Laws

The Service and underlying technology may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce. You agree to comply with all applicable export control laws and regulations in connection with your use of the Service.

15.2 Economic Sanctions

You represent and warrant that: (a) you are not located in, organized under the laws of, or a resident of any country or territory subject to comprehensive U.S. economic sanctions (currently Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine); (b) you are not identified on the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List (“SDN List”), the U.S. Commerce Department’s Entity List, or any other applicable restricted party list; (c) you are not owned or controlled by, or acting on behalf of, any person or entity described in clauses (a) or (b); and (d) you will not access or use the Service in violation of any U.S. economic sanctions or export control laws.

15.3 Immediate Termination

PersonaShield may immediately suspend or terminate your access to the Service without notice if PersonaShield reasonably believes you have violated this Section 15 or if required by applicable law. You agree to cooperate with PersonaShield in any investigation related to export control or sanctions compliance.

16. Beta and Experimental Features

16.1 Beta Features

PersonaShield may offer beta, preview, experimental, or early access features (“Beta Features”) that are clearly designated as such. Beta Features are provided for evaluation and feedback purposes and may be unstable, incomplete, or subject to change without notice.

16.2 Beta Feature Terms

BY USING BETA FEATURES, YOU ACKNOWLEDGE AND AGREE THAT: (A) BETA FEATURES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND; (B) BETA FEATURES MAY CONTAIN BUGS, ERRORS, OR DEFECTS THAT COULD CAUSE DATA LOSS OR SYSTEM FAILURES; (C) PERSONASHIELD MAY MODIFY, SUSPEND, OR DISCONTINUE BETA FEATURES AT ANY TIME WITHOUT NOTICE OR LIABILITY; (D) NO SERVICE LEVEL COMMITMENTS APPLY TO BETA FEATURES; (E) PERSONASHIELD MAY USE DATA AND FEEDBACK FROM YOUR USE OF BETA FEATURES TO IMPROVE THE SERVICE; AND (F) YOU WILL NOT RELY ON BETA FEATURES FOR PRODUCTION OR CRITICAL USE CASES. PERSONASHIELD MAY REQUIRE SEPARATE OPT-IN CONSENT BEFORE ENABLING BETA FEATURES FOR YOUR ACCOUNT.

17. Termination

17.1 Termination by You

You may close your account at any time by using in-product controls or by contacting support@personashield.com. Upon account closure:

  • Your access to the Service will end
  • PersonaShield will delete your personal information in accordance with the retention schedules in the Privacy Policy and the Biometric Consent & Authorization. Specifically: (a) account information will be deleted within thirty (30) days; (b) biometric data will be deleted within thirty (30) days or as otherwise required by applicable law; (c) generated images associated with Creator accounts will be deleted within thirty (30) days; (d) payment records will be retained for seven (7) years as required by law; and (e) aggregated, de-identified data may be retained indefinitely. Residual copies may persist in encrypted backups for up to sixty (60) additional days but will not be used for active processing.
  • If you have an active subscription, cancellation takes effect at the end of the current billing period

17.2 Termination by PersonaShield

PersonaShield may suspend or terminate your account if:

  • You violate these Terms, including the Acceptable Use provisions in Section 8
  • You provide false information during identity verification
  • Your account has been inactive for twelve (12) consecutive months, following at least thirty (30) days’ prior notice to the email address associated with your account
  • We are required to do so by law
  • We discontinue the Service or a material feature

Where practicable, we will provide notice before termination. In cases of severe violations (fraud, false identity, repeated abuse), we may terminate without notice.

17.3 Effect of Termination

Upon termination:

  • Sections 7.5 (Provenance and Watermarks), 8 (Acceptable Use), 10 (Intellectual Property; Dependencies), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), 15 (Export Controls and Economic Sanctions), 17.3 (Effect of Termination), and 19 (General Provisions) survive termination.
  • Your data will be deleted in accordance with the retention schedules in the Privacy Policy and the Biometric Consent & Authorization.
  • Generated images associated with your Creator account will be deleted within 30 days.
  • Outstanding payment obligations remain due.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email (if you have an account) and by posting a notice on the Service at least 30 days before the changes take effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree with the changes, you may close your account before the changes take effect.

The “Last Updated” date at the top of these Terms indicates when they were most recently revised.

19. General Provisions

  • Entire agreement. These Terms, together with the Privacy Policy and the Biometric Consent & Authorization, constitute the entire agreement between you and PersonaShield regarding the Service and supersede all prior agreements and understandings.
  • Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect. The unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
  • No waiver. PersonaShield’s failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.
  • Assignment. You may not assign or transfer your rights or obligations under these Terms without PersonaShield’s prior written consent. PersonaShield may assign its rights and obligations without restriction.
  • Force majeure. PersonaShield is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, internet or power outages, or platform policy changes.
  • Headings. Section headings are for convenience only and do not affect the interpretation of these Terms.
  • Relationship of parties. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and PersonaShield. Neither party has authority to bind the other or to incur obligations on the other’s behalf. You and PersonaShield are independent contractors.
  • Third-party beneficiaries. Except as expressly provided herein, these Terms do not create any third-party beneficiary rights. Protected Users are intended third-party beneficiaries of Creator obligations under these Terms to the extent such obligations relate to the protection of Protected User likeness and safeguards. Creators are intended third-party beneficiaries of Protected User obligations under these Terms to the extent such obligations relate to accurate safeguard configuration and takedown authorization.
  • Electronic signatures. You agree that your electronic acceptance of these Terms constitutes a valid and binding signature. These Terms and any amendments or agreements entered into in connection with the Service may be executed electronically in accordance with the Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), the Uniform Electronic Transactions Act (“UETA”), and other applicable law.
  • Notice provisions. Any notice required or permitted under these Terms shall be in writing and shall be deemed given: (a) upon delivery if delivered personally; (b) upon confirmation of receipt if sent by email; (c) one (1) business day after deposit with a nationally recognized overnight courier; or (d) three (3) business days after deposit in the U.S. mail, postage prepaid, certified or registered, return receipt requested. Notices to PersonaShield shall be sent to: PersonaShield Technologies Inc., 7226 Estonian Place, Las Vegas, NV 89113, Attn: Legal Department, or legal@personashield.com. Notices to you shall be sent to the email address or physical address associated with your account.
  • Biometric Data Rights. If you are an Illinois resident, you have additional rights under the Illinois Biometric Information Privacy Act (“BIPA”), including the right to sue for violations. Your biometric data rights are governed by the Biometric Consent & Authorization, which includes BIPA-specific disclosures regarding collection, storage, use, and retention of biometric identifiers and biometric information. The enforceability of the arbitration provision in Section 14 for BIPA claims is subject to judicial determination, and you may have the right to bring BIPA claims in Illinois state court.

20. Contact Us

If you have questions about these Terms, contact us at:

PersonaShield Technologies Inc.
7226 Estonian Place, Las Vegas, NV 89113
Email: support@personashield.com
Legal Notices: legal@personashield.com