Terms of Service

View previous terms of service here.

EFFECTIVE DATE: April 9, 2025

Welcome to www.personal.ai, a website of Human AI Labs Inc. (“Personal.ai”, “us” or “we”). These Personal.ai Terms of Service (“Terms”) outline the terms that govern your use of the website located at https://www.personal.ai/ (“Site”) and our services made available to you, including via API, SMS, our website and corresponding mobile application and desktop application (collectively, the “Personal.ai Services”). Please read these Terms carefully.

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PERSONAL.AI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 21 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

SEE ALSO SECTION 1 FOR AN OVERVIEW OF OUR SERVICES AND HOW WE MAY USE YOUR DATA. 

1.        Overview of Services

Your personal AI is a digital extension of your personal brand. It is based on AI models that use your own data, facts, and opinions to create a responsive and interactive messaging experience that is designed to help you be more productive and deepen relationships.

Given the early state of this technology, we also acknowledge that there are areas that we will need to continually improve on so that we can continuously enhance the performance and usability of the Personal.ai Services. As part of that, you recognize that:

• Reliance on Memory Stack. The Personal.ai Services work by training on the digital memory vault you provide to us, including photos, text and other uploaded materials, referred to as a “Memory Stack”. This allows your AI to learn more about you and better predict your needs and preferences. The larger your Memory Stack is, the more information your personal AI can remember about you.
• Your raw Memory Stack will remain your Memory Stack.  We will use the content of your Memory Stack in raw form solely to improve and validate the Personal.ai Services for you.
• We may use the usage data to improve the Personal.ai Services. We may also use your usage data or metadata in a form that is de-identified of personal information and/or aggregated to train and enhance the Personal.ai Services and develop new products and services.
• The information you receive from the Personal.ai Services may not be accurate or trustworthy. Language models (including, for example, Large Language Models (LLMs) and Personal Language Models (PLMs)) are essential to building the Personal.ai Services. They enable our AIs to produce outputs that are designed to flexibly reason and converse in natural language (“Outputs”) across a broad range of Inputs (as defined below). However, the very thing that makes language models powerful also introduces variability to using them. Unlike traditional rules-based software where, given an input, you always get the same output, language models are non-deterministic. Their specific output is variable, with some amount of randomness. As a consequence, we (or anyone else) cannot guarantee that the Personal.ai Services will never stray into sensitive topics, deviate from the expected path or say anything that is off-base. You recognize that any information you receive from the Personal.ai Services may not be accurate, reliable or otherwise trustworthy. Do not rely on this information without fact-checking on your own first, using your human judgement or if applicable, consulting with a licensed therapist or healthcare professional. The guidance and responses provided by our AI are for informational, non-commercial purposes only and should not be considered as professional or medical advice. We strongly encourage you to consult with a qualified professional for any mental health concerns or decisions regarding your well-being. Please also review the “Warranty Disclaimers” section below for additional information.

2.       Agreement to Terms‍

By accepting these Terms, using or accessing the Personal.ai Services or by registering for a Personal.ai account, you are agreeing to be bound by these Terms. If you do not agree with these Terms, do not accept these Terms or use the Personal.ai Services. To use the Personal.ai Services you must be, and represent and warrant that you are, at least 18 years of age and competent to agree to these Terms. If Personal.ai has previously prohibited you from accessing or using the Personal.ai Services, you are not permitted to access or use the Personal.ai Services.

The Personal.ai Services are controlled and operated from facilities in the United States. We make no representations that the Personal.ai Services are appropriate or available for use in other locations. Those who access or use the Personal.ai Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Personal.ai Services if you are a resident of a country embargoed by the United States, are a foreign person or entity blocked or denied by the United States government, or are otherwise barred from using the Personal.ai Services under applicable law or regulation.

3.       Changes to these Terms

We reserve the right to modify these Terms. We will post the most current version of these Terms at www.personal.ai (the “Personal.ai Website”). It’s important that you review the Terms whenever we update them or you use the Personal.ai Services. If we make material changes to these Terms, we may notify you via the Personal.ai Services and/or by email to the address associated with your account. Your continued use of the Personal.ai Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms. If you don’t agree to be bound by the changes, you may not use the Personal.ai Services anymore. Because the Personal.ai Services are evolving over time we may change or discontinue all or any part of the Personal.ai Services or create usage limits for the Site or Personal.ai Services, at any time and without notice, at our sole discretion.

4.       Your Personal.ai Account

Use of the Personal.ai Services requires you to first obtain an account by providing a valid email address that you control in your name. When setting up an account with Personal.ai you must: (a) provide true, current and complete information about yourself and (b) maintain such information so it continues to be true, current and complete. You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Personal.ai Services. Only you may use your Personal.ai account and you are responsible for your account. If you become aware of any unauthorized use of the Personal.ai Services or your account, or have any questions about your account please contact Personal.ai at privacy@personal.ai.

5.        User Content

• Posting User Content. Your Memory Stack is a structured timeline of memory blocks created via the ingestion of your data, as further described above. Such data may consist of audio recordings, videos, images, messages, text, attachments, files, conversations, associated metadata, and other content submitted through or uploaded to the Personal.ai Service by you (including Input) or to which you have provided us with access, such as Twitter and Gmail (collectively, your “User Content”). “Input” means (i) your interaction, request or input; or (ii) User Content uploaded or submitted to influence the Output or Personal.ai Services. You own any and all rights in and to any such User Content. As between you and Personal.ai, to the extent permitted by applicable law and subject to Section 6, you retain the rights in and to the Output generated in response to your Input. We do not control, verify or endorse the User Content that you upload into the Personal.ai Services.
• Permissions to Your User Content. By making any User Content available through the Personal.ai Services you hereby grant to Personal.ai a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating, providing, improving and training the Personal.ai Services for you.
• ‍Usage Data and Metadata.  We may use your usage data or metadata in a form that is de-identified of personal information and/or aggregated to train and enhance the Personal.ai Services and develop new products and services.‍
• Your Responsibility for User Content. You are responsible for: (a) all User Content you share and upload through the Personal.ai Services, (b) making sure that you have all the rights you need to the User Content, including without limitation intellectual property rights and (c) using the tools we provide to you in a manner that complies with all legal requirements that apply to you, regardless of whether you, upload or share this User Content. You agree the Personal.ai Services may provide the ability upload recorded conversations, you are responsible for compliance with laws with respect to the recording, storage and use of such conversations. The laws regarding the notice and notification requirements of such recorded conversations vary by location, and we encourage you to review such applicable laws to ensure your compliance with them. You acknowledge and agree that you are solely responsible for providing any notices to, and obtaining consent from, individuals in connection with any and all User Content as required under applicable law, including, without limitation, in connection with recordings. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Personal.ai Services, nor any use of your User Content by Personal.ai on or through the Personal.ai Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You shall not process or submit to the Personal.ai Services any User Content that is “protected health information” (as defined under the Health Insurance Portability and Accountability Act), “consumer health data” as defined by US state consumer health privacy laws, other health-related data, financial information including payment card information (subject to the Payment Card Industry Data Security Standard), or similar sensitive personal information. ‍
• Removal of User Content. You can remove your User Content by specifically deleting it. You should know that in certain instances, some of your User Content (such as messages you send to others) may not be completely removed and copies of your User Content may continue to exist on the Personal.ai Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

6.       Right to Use the Personal.ai Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right to access and use the Personal.ai Services only for your own internal non-commercial use, and only in a manner that complies with all legal requirements that apply to you or your use of the Personal.ai Services, including the Personal.ai Privacy Notice and these Terms. Personal.ai may revoke this license at any time, in its sole discretion.

7.         Personal.ai Model Rights and Restrictions; Feedback

• Persona. You can enhance the Personal.ai Service through your Memory Stack, a structured timeline of memory blocks created by ingesting your data. In its raw form, this data will exclusively benefit your instance of the Personal.ai Services. Additionally, you have the option to configure the Personal.ai Services based on specific settings that we make available to you. The combination of your Memory Stack and these configuration settings will form your “Persona”. Personal.ai does not and will not use or share your specific Persona with any other customer without your consent or permission, including via your settings.
• Personal.ai Proprietary Rights. All contents of the Site and Personal.ai Services including but not limited to logo, design, text, software, other files, LLMs, AI models, systems, improvements and derivatives of any of the foregoing, and their selection and arrangement, excluding, for clarity your Memory Stack, any other User Content and Output (“Personal.ai IP”) belong to Personal.ai, and/or its suppliers or licensors. Personal.ai or its licensors own and reserve all right, title and interest in and to the Personal.ai Services and all software and other items used to provide the Personal.ai Services, other than the rights we expressly grant to you to use the Personal.ai Services. All intellectual property rights created in any Personal.ai IP will vest solely in Personal.ai upon creation, and to the extent that sole ownership does not originally vest in Personal.ai, such intellectual property rights are hereby automatically and irrevocably assigned by you to us.  You will take all actions and execute all documents reasonably requested by us to give effect to the preceding sentence. No title to or ownership of any Personal.ai IP is transferred to you pursuant to these Terms.‍
• Acknowledgment. You acknowledge that the Personal.ai Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Personal.ai Services.‍
• Feedback. If you provide comments, suggestions and recommendations to Personal.ai about the Personal.ai Services (e.g., modifications, enhancements, improvements) (collectively, “Feedback”), you hereby assign this Feedback to Personal.ai, without any restriction or compensation to you.

8.       Acceptable Use

You must comply with the following rules regarding acceptable use of the Personal.ai Services and you agree you shall not, directly or indirectly:

• Post, upload, publish, submit or transmit any User Content or Output that:
  • infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy or otherwise contains any information that you do not have a right to make available under law or any contractual or fiduciary duty;
  • violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • is fraudulent, false, misleading or deceptive;
  • contains any personal information of minors, any sensitive personal information, such as financial information, payment card numbers, social security numbers, or health information without Personal.ai's prior written consent;
  • is defamatory, obscene, pornographic (including child pornography, which, upon becoming aware of, we will remove and report to law enforcement), vulgar or offensive;
  • promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; 
  • is violent or threatening or promotes violence or actions that are threatening to any person or entity; or 
  • promotes illegal or harmful activities or substances;
• Use the Personal.ai Services or any Output in a manner that violates our acceptable use policy, available at www.personal.ai/acceptable-use-policy;
• Sell or share for commercial benefit or purposes Output to any third parties;
• Utilize the Personal.ai Services (including any AI models or derivatives thereof), documentation, Input or Output to train, improve or have trained or improved an AI model (e.g., engage in “model scraping”);
• Use, display, mirror or frame the Personal.ai Services or any individual element within the Personal.ai Services, Personal.ai’s name, any Personal.ai trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Personal.ai’s express written consent;
• Access or tamper with the Personal.ai Services, Personal.ai's computer systems, or the technical delivery systems of Personal.ai's providers;
• Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measure;
• Attempt to access or search the Personal.ai Services or download content from the Personal.ai Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Personal.ai or other generally available third-party web browsers;
• Attempt to disrupt or overwhelm our infrastructure by intentionally imposing unreasonable requests or burdens on our resources;
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Personal.ai or any of Personal.ai’s providers or any other third party (including another user) to protect the Personal.ai Services;
• Interfere with or disrupt the access of any user, host or network, including, without limitation, by sending a virus, overloading, flooding, spamming, mail-bombing the Personal.ai Services, or by scripting the creation of User Content in such a manner as to interfere with or create an undue burden on the Personal.ai Services;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation; Use any meta tags or other hidden text or metadata utilizing a Personal.ai trademark, logo URL or product name without Personal.ai’s express written consent;
• Use the Personal.ai Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Personal.ai Services to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble reverse engineer, engage in any of the adversarial attacks, or otherwise attempt to derive or gain improper access to any of the software, components, models, algorithms or systems used to provide the Personal.ai Services;
• Collect or store any personally identifiable information from the Personal.ai Services from other users of the Personal.ai Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity; Violate any applicable law or regulation; or
• Attempt, encourage or enable any other individual to do any of the foregoing.

Personal.ai is not obligated to monitor access to or use of the Personal.ai Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Personal.ai Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content or Output, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Personal.ai Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

9.       Privacy and Security 

For information about how we collect, use, and share personal information, please see our Privacy Notice which is incorporated by reference into these Terms. Personal.ai cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

10.       Fees

Except as set forth below, Personal.ai requires payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. You have the option of purchasing a subscription (“Subscription”) or in some limited cases, making a one-time payment (“One-Time Payment”) for such use. In doing so, you must provide our third-party payment processors with current, complete, accurate and authorized payment method information (e.g. credit card information). Whether you make a One-Time Payment or purchase a Subscription (each, a “Transaction”), you authorize us and our third-party payment processors to charge your provided payment method for the Personal.ai Services you have selected (plus any applicable taxes and other charges). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable, except as expressly provided in these Terms. All fees and applicable taxes, if any, are payable in United States dollars. To the extent Personal.ai has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. We may ask you to supply additional information relevant to your Transaction, including your credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification. You represent and warrant that you have the legal right to use all payment method(s) represented by any information. You understand that failure to pay any charges or fees or the provision of a valid credit card may result in the suspension or cancellation of your Personal.ai Services.

Personal.ai reserves the right to introduce or change any fees from time-to-time by giving you no less than 14 days’ written notice. Any new or changed fees will apply to the next billing period after you have been given such notice. If you do not accept a change to any Fees, then you may terminate your Personal.ai Services account.

In some cases, we have or will make the Personal.ai Services available to you on a limited basis free of charge until the earlier of (a) the end of the free period (if not terminated earlier) or (b) the start date of your paid Subscription.  Additional terms and conditions may apply to those Personal.ai Services. 

11.       Subscription Period

If applicable, where you obtain a Subscription, you agree to the following terms: You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the applicable Personal.ai Service purchased): A monthly subscription plan (“Monthly Subscription Plan”). BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE PERSONAL.AI TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. 

• Monthly Subscription Plan.  The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew unless you cancel your Monthly Subscription Plan at least three business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel. If you select the Monthly Subscription Plan, you can switch to the Annual Subscription Plan at any time.
• Annual Subscription Plan.  The subscription period for the Annual Subscription Plan will be for one year and will automatically renew each year on the anniversary unless you cancel at least three business days prior to your renewal date. You will be billed annually on or about the same day each year until such time that you cancel. Note that under the Annual Subscription Plan you will not be permitted to cancel or downgrade the Personal.ai Services you have selected until the anniversary date. If you select the Annual Subscription Plan, you may not change to the Monthly Subscription Plan until the end of the one-year term of your Annual Subscription Plan. No less than thirty (30) days and no more than forty (40) days before your Subscription term ends, or otherwise in accordance with applicable law, Personal.ai will send you a reminder with the then-current Subscription Fee.

YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction, we’ll refund any payment you have already remitted to us for such transaction. Without limiting the foregoing, you may cancel your subscription as further described in the paragraph above, but please note that such cancellation will be effective at the end of the then-current subscription period. YOU WILL NOT RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE THEN CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION.

IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH OR YEAR ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED AS SET FORTH ABOVE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD PARTY PAYMENT PROVIDER TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

12.       Suspension and Termination of the Service‍

We reserve the right to suspend or terminate your access to the Personal.ai Service at any time, in our sole discretion. For example, we may terminate your access to the Personal.ai Service if your account is inactive for more than thirty (30) days. You understand that if your account is suspended or terminated, you may no longer have access to the User Content that is stored in the Personal.ai Services. Any termination of this Agreement shall not affect Personal.ai's rights to any payments due to it. Upon any termination, discontinuation or cancellation of the Personal.AI Services or your account, the following Sections will survive: 5 (third bullet), 7 (second through fourth bullets), 8, 10, 11, 12, 13, 14, 15, 19, 20 and 21.‍

13.       WARRANTIES DISCLAIMERS ‍

THE PERSONAL.AI SERVICES, WHETHER PROVIDED BY PERSONAL.AI, ITS LICENSORS OR ITS VENDORS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THE PERSONAL.AI SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION, OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SPECIFICALLY, BUT WITHOUT LIMITATION, PERSONAL.AI DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THE PERSONAL.AI SERVICES IS FREE OF ERRORS; (ii) THE FUNCTIONS OR FEATURES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF USER CONTENT) WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iii) DEFECTS WILL BE CORRECTED, OR (iv) THE PERSONAL.AI SERVICES OR THE SERVER(S) THAT MAKE THE PERSONAL.AI SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Personal.ai Services or Output.

Due to the nature of machine learning, Output may not be unique and the Personal.ai Services may generate the same or similar output for Personal.ai or a third party. USE OF THE PRSONAL.AI SERVICES MAY RESULT IN INCORRECT OUTPUT THAT DOES NOT ACCURATELY REFLECT REALITY. YOU MUST EVALUATE THE CONTENT, NATURE, TONE AND ACCURACY OF ANY OUTPUT AS APPROPRIATE FOR YOUR USE CASE, INCLUDING BY USING HUMAN REVIEW OF THE OUTPUT. YOU UNDERSTAND AND AGREE THAT THE OUTPUT MAY CONTAIN “HALLUCINATIONS” AND MAY BE INACCURATE, OBJECTIONABLE, INAPPROPRIATE, OR OTHERWISE UNSUITED TO YOUR PURPOSE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF THE INPUT PROVIDED AND YOUR COMPLIANCE WITH THESE TERMS. NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, YOU AGREE THAT PERSONAL.AI WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM INPUT, OTHER USER CONTENT, OUTPUT (OR OTHER CONTENT GENERATED BY OR ACCESSED ON OR THROUGH THE PERSONAL.AI SERVICES) OR THEIR USE. 

14.        Limitations of Liability‍

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERSONAL.AI OR ITS LICENSORS, VENDORS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, OR COSTS OF OBTAINING SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THE PERSONAL.AI SERVICES, ANY MATERIALS, INFORMATION, OR RECOMMENDATIONS APPEARING ON THE PERSONAL.AI SERVICES, OR ANY LINK PROVIDED ON THE PERSONAL.AI SERVICES, WHETHER OR NOT PERSONAL.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHERWISE. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY TO YOU ARISING FROM ALL CLAIMS UNDER OR RELATED TO THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS ACTUAL PAID BY YOU OR ARE PAYABLE BY YOU TO PERSONAL.AI FOR USE OF THE SERVICES, PROVIDED THAT IN NO EVENT WILL PERSONAL.AI’S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS MADE UNDER OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS $100.00.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERSONAL.AI AND YOU.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages such as above in Section 14. Accordingly, some of the above limitations may not apply to you.‍

15.       Indemnification

You agree to indemnify, defend, and hold Personal.ai and its respective officers, directors, employees, members, shareholders, contractors, or representatives (and all successors and assigns of any of the foregoing), harmless from and against any claim or demand, including without limitation, reasonable attorneys’ fees and disbursements, made by any third party in connection with or arising out of your use of the Personal.ai Services, your connection to the Personal.ai Services, your violation of the Terms or Personal.ai's Privacy Notice, your violation of an applicable law, your submission, posting, or transmission of User Content to the Personal.ai Services, and/or your violation of any rights of another individual or entity. We reserve the right, at our own expense, to assume the exclusive defense and control of such disputes, and you agree to cooperate with us in asserting any available defenses.

16.       Third Party Services

Personal.ai may make available to you optional third-party applications, services or products, for use in connection with the Personal.ai Services (“Third-Party Products”). These Third-Party Products are not necessary for the use of the Personal.ai Services and your use (and any exchange of any information, license, payments etc., are between you and the third-party provider) is solely between you and the applicable third-party provider. Personal.ai makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.

17.       Copyright Complaints and Removal Policy

Personal.ai respects copyright law and expects its users to do the same. It is Personal.ai’s policy to terminate in appropriate circumstances account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Personal.ai’s Copyright and IP Policy at www.personal.ai/copyright-policy, for further information.

18.        Export Restrictions

You acknowledge that the Personal.ai Services are subject to restrictions under applicable US export control laws, including US trade embargoes and sanctions and security requirements, and applicable country or local laws to the extent compatible with US laws. You agree that you will comply with these laws and regulations and will not export, re-export, import or otherwise make available products and/or technical data in violation of these laws, directly or indirectly.

19.       General

You may not assign or otherwise transfer any of your rights under this Agreement without Personal.ai's prior written consent, and any attempted assignment without such consent will be null and of no effect. Personal.ai may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

This Agreement constitutes the entire agreement between you and Personal.ai and supersedes any and all prior agreements, communications and understandings with respect to the subject matter of this Agreement.

By registering with Personal.ai or signing up for the Personal.ai Services, you understand that we may send you (including via email) information regarding the Personal.ai Services, such as:

• notices about your use of the Personal.ai Services, including notices of violations of use;
• updates to the Personal.ai Services and new features or products; and
• promotional information and materials regarding Personal.ai's products and services. You may unsubscribe from promotional messages you receive from us by following the instructions in such applicable message(s). Personal.ai reserves the right to transfer User Content to the U.S. and other countries for processing in connection with its provision of the Personal.ai Services. You expressly request, require and agree that this Agreement, the Privacy Notice and all other related documents be drawn up in the English language.

If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Personal.ai’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Personal.ai. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

20.       Governing Law and Forum Choice.‍

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 21 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Personal.ai are not required to arbitrate will be the state and federal courts located in San Diego county, California and you and Personal.ai each waive any objection to jurisdiction and venue in such courts.

21.        Dispute Resolution.

(a)        Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Personal.ai Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Personal.ai agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Personal.ai are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. 

(b)        Exceptions. As limited exceptions to Section 21(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. 

(c)       Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. 

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

(d)       Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

(e)        Injunctive and Declaratory Relief. Except as provided in Section 21(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

(f)        Class Action WAIVER. YOU AND PERSONAL.AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

(g)       Severability. With the exception of any of the provisions in Section 21(f) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

22.       Additional Terms for Mobile Applications

(a)       Mobile Applications. We may make available software to access the Personal.ai Service via a mobile device (“Mobile Applications”). To use any Mobile Applications you must have a mobile device that is compatible with the Mobile Applications. Personal.ai does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Personal.ai hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one user account on one mobile device owned or leased solely by you, for your personal use. In addition to, and without limiting the use restrictions set forth herein, you may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Personal.ai may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Personal.ai or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Personal.ai reserves all rights not expressly granted under this Agreement. If the Mobile Applications is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Personal.ai Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Applications originates in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Personal.ai Service.

(b)       Mobile Applications from Apple App Store. This Section applies to any Mobile Application that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the Mobile Application. In the event of any failure of the Mobile Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the Mobile Application purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile Application. Apple is not responsible for addressing any claims by you or any third party relating to the Mobile Application or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that your possession and use of the Mobile Application infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of the 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 thereof. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must also comply with any applicable third-party terms of service when using the Mobile Application.

(c)         Mobile Applications from Google Play Store. The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Terms are between you and Personal.ai only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Personal.ai, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms as it relates to Personal.ai’s Google-Sourced Software.

Prior versions of these Terms may be provided following written request to Personal.ai. 

23.        Additional Terms for SMS Services

You may be able to use the Personal.ai Services to send text messages (including via an automated system) (the “SMS Services”). You shall not use the SMS Services for marketing, advertising, or sales purposes including, without limitation, to send marketing or advertising texts. You acknowledge that you control the sending of text messages through the Personal.ai Services and that Personal.ai is only limited to facilitating text messages at your direction. You represent and warrant that you will comply with all applicable laws in connection with your use of the SMS Services. Message and data rates may apply. Carriers are not liable for any delays or undelivered messages.

24.        Contact Information. ‍

If you have any questions about these Terms or the Personal.ai Services, please contact Personal.ai at support@personal.ai.