1. Acceptance
These Terms of Service ("Terms") govern your access to and use of perssonify.com, research.perssonify.com, growth.perssonify.com, labs.perssonify.com, markdowneditor.perssonify.com and any related sites, applications, or services provided by Perssonify LLC, a New York limited liability company ("Perssonify", "we", "us"). By accessing the Sites or engaging our services, you agree to these Terms. If you do not agree, do not use the Sites or services.
2. Services
Perssonify provides technology consulting and execution services across software development, AI, automation, web, advisory, and growth-related areas, to clients located worldwide. Specific deliverables, scope, fees, and timelines are governed by separate written agreements such as Statements of Work, Master Services Agreements, or order forms ("Service Agreements"). In case of conflict between these Terms and a signed Service Agreement, the Service Agreement controls.
3. Eligibility
You must be at least 18 years of age and legally able to form a binding contract to use the Sites or engage our services. If you are using the Sites on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
4. Acceptable Use
You agree not to:
- Use the Sites or services for any unlawful purpose
- Interfere with or disrupt the Sites, servers, or networks
- Attempt to gain unauthorized access to any portion of the Sites or related systems
- Reverse engineer, scrape, or copy the Sites or services except as expressly permitted
- Upload malicious code or transmit harmful content
- Violate the rights of others, including intellectual property and privacy rights
- Use automated systems to access the Sites in a manner that exceeds reasonable use
5. Intellectual Property
5.1 Perssonify materials
The Sites, including content, design, code, logos, brand assets, prompt systems, and supporting documentation, are owned by Perssonify or its licensors and protected by United States and international intellectual property laws. Except for limited rights expressly granted in writing, no rights are transferred.
5.2 Client deliverables
Ownership and license terms for deliverables produced under engagements are governed by the applicable Service Agreement. Absent specific terms, Perssonify retains rights to its pre-existing tools, methodologies, frameworks, and reusable components.
5.3 Feedback
If you provide feedback or suggestions, you grant Perssonify a non-exclusive, perpetual, royalty-free, worldwide license to use it without obligation.
5.4 DMCA
If you believe content on the Sites infringes your copyright, send a notice meeting the requirements of the Digital Millennium Copyright Act to legal@perssonify.com. We will respond consistent with the DMCA, including by removing infringing content where appropriate.
6. Fees and Payment
Fees, payment terms, and applicable taxes are set out in each Service Agreement. Unless otherwise specified, fees are stated in US Dollars. Late payments may accrue interest at the rate specified in the applicable agreement or as permitted by law. Disputed invoices must be raised in writing within 30 days of receipt.
7. Confidentiality
Each party will protect the other's confidential information using at least the same care it uses for its own confidential information, and in any event no less than reasonable care. Confidentiality obligations survive termination as set out in any applicable Service Agreement.
8. Third-Party Services
The Sites or services may incorporate or reference third-party tools, APIs, or content. Perssonify is not responsible for third-party services, and any use is subject to those third parties' terms.
9. Disclaimers
THE SITES AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. PERSSONIFY DOES NOT WARRANT THAT THE SITES OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SPECIFIC SERVICE WARRANTIES, IF ANY, ARE STATED IN THE APPLICABLE SERVICE AGREEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSSONIFY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO USE OF THE SITES OR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PERSSONIFY'S AGGREGATE LIABILITY UNDER THESE TERMS, ABSENT A DIFFERENT CAP IN A SIGNED SERVICE AGREEMENT, IS LIMITED TO THE FEES PAID TO PERSSONIFY IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
11. Indemnification
You agree to indemnify and hold harmless Perssonify and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your breach of these Terms, your misuse of the Sites or services, or your violation of any law or third-party right.
12. Termination
We may suspend or terminate your access to the Sites at any time, with or without notice, if you violate these Terms or for any operational reason. Provisions that by their nature should survive (including IP, confidentiality, disclaimers, limitation of liability, indemnification, and governing law) will survive termination.
13. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of New York, USA, without regard to conflict-of-law principles. Subject to any different terms in a signed Service Agreement, the parties consent to the exclusive jurisdiction of the state and federal courts located in Kings County, New York, for any disputes not subject to arbitration. The parties may agree in writing to resolve disputes through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with arbitration seated in New York, New York. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14. Changes
We may update these Terms from time to time. The "Last Updated" date reflects the latest version. Continued use of the Sites after changes constitutes acceptance.
15. Miscellaneous
If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. These Terms, together with any applicable Service Agreement, constitute the entire agreement on this subject. You may not assign these Terms without our prior written consent. Notices to Perssonify must be sent by email to legal@perssonify.com or by mail to the address above
16. Contact
Perssonify LLC 367 St Marks Ave #1283Brooklyn, NY 11238United StatesEmail: legal@perssonify.com