Terms of Service

Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and PersonaTrain, Inc. ("PersonaTrain," "we," "us," or "our") governing your access to and use of the PersonaTrain platform, website, APIs, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree, you may not access or use the Service.

Description of Service

PersonaTrain is an enterprise AI training platform that enables organizations to create knowledge-grounded roleplay experiences for their teams. The Service includes:

• Document upload, processing, and knowledge base management
• AI-powered roleplay conversations grounded in customer-uploaded content
• Scenario and character configuration tools
• Real-time evaluation and performance analytics
• Text, voice, and video interaction modalities
• Administrative dashboards and user management
• APIs for programmatic integration

We reserve the right to modify, update, or discontinue features of the Service at any time. We will provide reasonable notice before making material changes that affect your use of the Service.

User Accounts

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Promptly notifying us of any unauthorized use of your account
• Ensuring that all users within your organization comply with these Terms

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period, with reasonable notice.

Intellectual Property

The Service, including its software, design, documentation, algorithms, and underlying technology, is the intellectual property of PersonaTrain and is protected by copyright, trademark, and other intellectual property laws. Your use of the Service does not grant you any ownership interest in the Service or its components.

The PersonaTrain name, logo, and all related marks are trademarks of PersonaTrain, Inc. You may not use our trademarks without prior written consent.

Your Content

"Customer Content" means all documents, data, text, and other materials that you upload, submit, or transmit through the Service. You retain all ownership rights to your Customer Content.

By uploading Customer Content, you grant PersonaTrain a limited, non-exclusive license to process, store, and use your content solely for the purpose of providing the Service to you. This license terminates when you delete your content or close your account.

We do not use Customer Content to train, fine-tune, or improve AI models. Your proprietary knowledge remains your proprietary knowledge. We do not claim any ownership interest in your Customer Content.

You represent and warrant that you have all necessary rights to upload and use your Customer Content, and that your content does not infringe on the intellectual property rights of any third party.

Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Upload content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable
• Attempt to gain unauthorized access to the Service, other accounts, or underlying systems
• Interfere with or disrupt the integrity or performance of the Service
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to develop a competing product or service
• Resell, sublicense, or distribute access to the Service without our written consent
• Use automated tools to scrape, crawl, or extract data from the Service beyond authorized API usage

Payment Terms

Certain features of the Service require a paid subscription. By selecting a paid plan, you agree to pay the fees associated with your chosen plan as described on our pricing page or in your enterprise agreement.

• Billing Cycle: Subscriptions are billed monthly or annually, depending on your plan selection. Annual subscriptions are billed in advance.
• Payment Method: You must provide a valid payment method. Fees are charged automatically at the beginning of each billing cycle.
• Price Changes: We may change pricing with at least 30 days' notice. Price changes take effect at the start of your next billing cycle.
• Refunds: Annual subscriptions may be refunded within the first 14 days. Monthly subscriptions are non-refundable. Enterprise agreements may include custom refund terms.
• Taxes: Fees are exclusive of applicable taxes. You are responsible for all taxes associated with your use of the Service.

Termination

You may cancel your account at any time through the platform settings or by contacting our support team. Upon cancellation:

• Your access to the Service will continue until the end of your current billing period
• Your Customer Content will be available for export for 30 days after cancellation
• After the 30-day export period, all Customer Content will be permanently deleted

We may suspend or terminate your access to the Service immediately if you violate these Terms, fail to pay fees when due, or if continued provision of the Service becomes impractical due to legal, regulatory, or technical reasons. We will provide notice and, where possible, an opportunity to cure the violation before termination.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONATRAIN SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Indemnification

You agree to indemnify, defend, and hold harmless PersonaTrain, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service
• Your Customer Content, including any claim that your content infringes third-party intellectual property rights
• Your violation of these Terms
• Your violation of any applicable law or regulation

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms shall be resolved exclusively in the state or federal courts located in San Francisco County, California. You consent to the personal jurisdiction of such courts.

Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website with a new effective date and, for significant changes, by email or in-platform notification at least 30 days before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

Contact Us

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

• Email: legal@personatrain.ai
• Address: PersonaTrain, Inc., 548 Market Street, Suite 35000, San Francisco, CA 94104