Last Updated: February 14, 2025
Welcome to Personify (“we,” “us,” or “our”). These Terms of Service (the “Terms” or “Agreement”) govern your access to and use of the Personify platform, website, applications, and related services (collectively, the “Service”). By using or accessing the Service, you agree to be bound by these Terms. If you do not agree with these Terms, you may not use the Service.
1. DEFINITIONS
1.1. “Account” means the user account(s) created by you or for you to access and use the Service.
1.2. “User Content” means any data, text, images, media, or other materials that you upload or transmit through the Service.
1.3. “Confidential Information” means non-public information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”) that is marked or identified as confidential or proprietary, or that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure.
2. ACCEPTANCE OF TERMS
2.1. Binding Agreement
By registering for, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any other policies referenced herein (including our Privacy Policy and any applicable Acceptable Use Policy).
2.2. Eligibility
You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction, whichever is older) and have the legal authority to enter into this Agreement.
3. DESCRIPTION OF THE SERVICE
3.1. Platform Features
Personify is a marketing and CRM platform designed to help businesses automate, manage, and optimize their marketing, sales, and customer communications. The Service includes features such as funnel building, email marketing, SMS marketing, appointment scheduling, pipeline management, and more.
3.2. Modifications to the Service
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable to you or any third party for any such modification, suspension, or discontinuation.
4. ACCOUNT REGISTRATION AND SECURITY
4.1. Account Creation
You may be required to create an Account to access certain features. You agree to provide accurate and complete information during registration and to update such information as necessary to ensure it remains accurate and complete.
4.2. Account Credentials
You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to notify us immediately if you suspect any unauthorized use of your Account.
4.3. Responsibility for User Content
You are solely responsible for the legality, reliability, and appropriateness of all User Content. You represent and warrant that you have obtained all necessary rights, licenses, and consents to upload or transmit User Content via the Service.
5. FEES, BILLING, AND PAYMENT
5.1. Subscription Plans
Certain features of the Service may require a paid subscription. All fees, features, and subscription tiers will be detailed on our website or otherwise communicated to you.
5.2. Billing Cycle
Fees for subscription plans will be billed on a recurring basis (e.g., monthly or annually), unless otherwise agreed. Your subscription will automatically renew at the end of each billing cycle unless you cancel it in accordance with Section 5.4.
5.3. Payment Methods
You authorize us (or our third-party payment processor) to charge your provided payment method for all applicable fees and taxes. If your payment method is declined or fails, we may suspend or terminate your access to the Service.
5.4. Cancellation
You may cancel your subscription at any time through your Account settings or by contacting us. Your cancellation will take effect at the end of your current billing cycle; no refunds will be issued for any prepaid but unused fees unless otherwise stated in a separate agreement.
5.5. Overage Charges
If your use of the Service exceeds the usage limits of your subscription plan (e.g., email sends, contacts, SMS messages), we reserve the right to charge overage fees or move you to a higher subscription tier. Any applicable overage fees will be billed in arrears or as otherwise stated.
5.6. Late Payments
Unpaid invoices are subject to interest at the rate of 1.5% per month or the maximum rate permitted by law on any outstanding balance, plus reasonable expenses of collection.
6. ACCEPTABLE USE POLICY
6.1. Prohibited Activities
You agree not to use the Service to:
- Violate any applicable laws, regulations, or third-party rights (including intellectual property, privacy, and publicity rights).
- Send unsolicited commercial communications (spam) in violation of applicable laws (e.g., CAN-SPAM, TCPA, GDPR).
- Upload or transmit any harmful code, viruses, or malware.
- Post or share content that is defamatory, obscene, offensive, harassing, deceptive, or otherwise objectionable.
- Misrepresent your identity or affiliation, or impersonate any person or entity.
- Engage in fraudulent or deceptive practices.
6.2. Compliance with Laws
You are responsible for understanding and complying with all applicable local, state, national, and international laws and regulations related to your use of the Service, including data privacy, consumer protection, and anti-spam laws.
6.3. Remedies for Violations
We reserve the right to investigate and prosecute violations of this Acceptable Use Policy to the fullest extent of the law. We may suspend or terminate your access to the Service if you violate this Section.
7. BETA SERVICES
From time to time, we may offer early access to new or experimental features (“Beta Services”). Beta Services are provided “as is” and without warranty of any kind. We may discontinue Beta Services at any time and shall bear no liability for any harm or damages arising out of or relating to the use of Beta Services.
8. CONFIDENTIALITY
8.1. Obligations
Each party agrees to protect the other’s Confidential Information with at least the same degree of care it uses to protect its own confidential information and not to disclose or use the other’s Confidential Information for any purpose outside the scope of this Agreement.
8.2. Exceptions
Confidential Information does not include information that: (i) becomes public through no fault of the Receiving Party; (ii) was already lawfully known by the Receiving Party without obligation of confidentiality; (iii) is independently developed by the Receiving Party without use of the Disclosing Party’s Confidential Information; or (iv) is lawfully obtained from a third party without a duty of confidentiality.
8.3. Compelled Disclosure
The Receiving Party may disclose Confidential Information if required by law or court order, provided that the Receiving Party gives the Disclosing Party prompt written notice (unless legally prohibited) and reasonable assistance in limiting the scope of such disclosure.
9. INTELLECTUAL PROPERTY
9.1. Ownership
All content, trademarks, service marks, trade names, logos, and other intellectual property used on or in connection with the Service (excluding User Content) are the property of Personify or its licensors. Except as expressly authorized by us, you may not use, reproduce, distribute, modify, or create derivative works of any part of the Service.
9.2. User Content License
By submitting User Content, you grant Personify a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and display such User Content for the purpose of providing and improving the Service.
9.3. Feedback
If you provide suggestions, ideas, or feedback regarding the Service (“Feedback”), you acknowledge that such Feedback is not confidential and that Personify may freely use and incorporate such Feedback into the Service without compensation or obligation to you.
10. DATA PRIVACY
10.1. Privacy Policy
Your use of the Service is subject to our Privacy Policy, which describes how we collect, use, and protect your personal information.
10.2. Data Processing
You represent and warrant that you have obtained all necessary consents and complied with all applicable data protection laws (e.g., GDPR, CCPA) for any personal data you process using the Service. You remain solely responsible for such personal data and for ensuring that your use of the Service complies with all applicable data protection regulations.
10.3. Third-Party Integrations
Where you utilize third-party integrations in conjunction with the Service (e.g., SMS or email providers), your data will be handled by such third parties in accordance with their own privacy policies and terms of service. We are not responsible for the data practices of third parties.
11. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
11.1. Mutual Representations
Each party represents and warrants that it has the legal authority to enter into this Agreement and will comply with all applicable laws and regulations.
11.2. Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, OR STATUTORY). WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY VULNERABILITIES, OR THAT IT WILL MEET YOUR REQUIREMENTS.
12. INDEMNIFICATION
12.1. Your Indemnification
You agree to indemnify, defend, and hold harmless Personify, its affiliates, officers, directors, employees, and agents from and against any and all third-party claims, liabilities, damages, losses, or expenses (including reasonable attorneys’ fees) arising out of or relating to:
- your breach of these Terms;
- your use of the Service in violation of any law or the rights of any third party;
- any User Content you provide.
12.2. Personify’s Indemnification
Subject to the limitations set forth in Section 13, we will indemnify, defend, and hold you harmless from third-party claims that the Service infringes or misappropriates any third party’s intellectual property rights, provided that you promptly notify us of the claim and allow us to control the defense and settlement. We shall have no obligation under this Section if the alleged infringement arises out of or relates to (i) the use of the Service in combination with data, software, or applications not provided by us; (ii) modifications to the Service not made by us; or (iii) your use of the Service in violation of these Terms.
13. LIMITATION OF LIABILITY
13.1. Exclusion of Damages
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PERSONIFY NOR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.
13.2. Aggregate Liability
IN NO EVENT SHALL PERSONIFY’S AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU TO PERSONIFY FOR THE SERVICE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
13.3. Basis of the Bargain
YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT ABSENT SUCH LIMITATIONS, THE TERMS AND PRICING SET FORTH HEREIN WOULD BE SUBSTANTIALLY DIFFERENT.
14. TERM AND TERMINATION
14.1. Term
This Agreement begins on the date you first create an Account or otherwise access the Service and continues until terminated in accordance with these Terms.
14.2. Termination by Personify
We may terminate or suspend your access to the Service at any time, for any reason, including your violation of these Terms or failure to pay fees when due.
14.3. Termination by You
You may terminate this Agreement at any time by canceling your subscription (if applicable) and ceasing to use the Service.
14.4. Effect of Termination
Upon termination, all licenses granted to you under these Terms will immediately cease, and any outstanding fees accrued prior to termination remain payable. We will have no liability for any damages or losses resulting from the termination of this Agreement.
15. EXPORT COMPLIANCE
You represent and warrant that you are not located in a country subject to U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and you are not listed on any U.S. government list of prohibited or restricted parties. You agree to comply with all applicable export and import laws and regulations.
16. GOVERNING LAW AND DISPUTE RESOLUTION
16.1. Governing Law
These Terms and any claims, causes of action, or disputes arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to conflict of law principles.
16.2. Dispute Resolution
Any dispute arising out of or relating to these Terms shall be resolved first through good-faith negotiations. If such dispute cannot be resolved, it shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in Allen County, Indiana. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.
17. MISCELLANEOUS
17.1. Entire Agreement
These Terms, together with any other agreements or policies referenced herein (including our Privacy Policy), constitute the entire agreement between you and Personify regarding your use of the Service and supersede all prior agreements, understandings, or representations.
17.2. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
17.3. Waiver
No failure or delay by Personify in exercising any right under these Terms shall operate as a waiver of such right, nor shall any partial exercise of any right preclude further exercise thereof.
17.4. Assignment
You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may assign or transfer these Terms in connection with a merger, acquisition, sale of assets, or by operation of law, or to any affiliate or successor.
17.5. Force Majeure
We shall not be liable for any failure or delay in the performance of our obligations if such failure or delay is caused by events beyond our reasonable control, including but not limited to natural disasters, acts of government, strikes, riots, war, terrorism, or internet service failures.
17.6. Notices
Any notices or other communications provided by Personify under these Terms may be delivered by email, by posting on our website, or by other commercially reasonable means. All notices to Personify must be sent via email to support@gopersonify.com, unless otherwise specified.
17.7. Relationship of the Parties
Nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship between you and Personify. Each party remains an independent contractor.
18. CONTACT US
If you have any questions, concerns, or comments about these Terms or the Service, please contact us:
Personify
Email: support@gopersonify.com
Address: 3414 N Anthony Blvd Ste B, Fort Wayne, Indiana 46805
Website: https://gopersonify.com
