P3RSON Terms of Service

1. Agreement to Terms & Regulatory Framework

Agreement & Binding Contract

By accessing and using P3RSON ("Platform"), you agree to be bound by these Terms of Service. If you do not agree to any part of these terms, you may not use the Platform. This Agreement constitutes a binding legal contract and is enforceable per the laws of California.

Regulatory Compliance Framework

These Terms of Service comply with the following regulatory regimes:

For complete regulatory citations and implementation details, see LEGAL-REGULATORY-CITATIONS-v1.0.md.

2. Service Description & Feature Terms

2.1 Platform Overview

P3RSON is a talent-to-brand marketplace connecting creators, talent, and agencies with brands seeking professional services. The Platform facilitates bookings, messaging, payments, and content collaboration between all parties.

2.2 Stripe Connect Payment Processing

Payment Processor Delegation

• All payment processing is delegated to Stripe, Inc. ("Stripe")
• Users acknowledge Stripe's role as payment processor and agree to Stripe's Terms of Service
• P3RSON acts as platform facilitating transactions; does not hold funds directly
• Legal Basis: PCI DSS § 1.4 (payment processor delegation), GLBA § 6809 (financial institution agreement)

Account Requirements & Suspension

• Creators and agencies must establish a Stripe Connect Express account to receive payouts
• Account verification timeline: 24-48 hours
• P3RSON may suspend Stripe Connect accounts for: fraud, KYC verification failure, TOS violation, Stripe's terms violation, chargeback disputes (3+ in 90 days)
• Suspension notice: 30-day written notice (except severe cases)

Fee Structure

• Platform fee: 15% of all transaction amounts
• Stripe processing fee: 2.9% + $0.30 per transaction (paid by creator)
• Creator payout: Booking amount − Platform fee − Stripe fee
• Minimum transaction: $50 USD (to cover Stripe fees)
• Maximum transaction: $100,000 USD per booking

Example Payout Calculation

2.3 Guardian Approval for Minors (COPPA Compliance)

Scope & Applicability

• Applies to users age 13-17 (minors)
• Users 18+ have full, unrestricted access
• Guardian = parent, legal guardian, or designated caregiver
• Legal Basis: 15 USC § 6501 (COPPA), 16 CFR § 1200 (FTC COPPA Rule)

Content Posting Restrictions

Minors cannot post any content without active guardian approval, including:

• Posts (photos, text, captions)
• Stories (ephemeral content)
• Digital snaps (collaborative media)
• Live streams (real-time broadcasts)

Note: Restriction applies even if brand has extended booking offer.

Approval Workflow

1. Minor requests approval from guardian via email invitation
2. Guardian verifies email address (6-digit code sent to email)
3. Guardian reviews current Terms of Service (proof of review via hash validation)
4. Guardian digitally signs approval (SHA256 hash stored, signature not stored raw)
5. Approval becomes effective (minor can post)

Approval Duration & Renewal

• Approval valid for 1 year (365 days from signature)
• System sends renewal reminder 30 days before expiry
• Expired approval automatically blocks posting until re-approved
• Minor can request new approval at any time
• Guardian can revoke approval anytime

2.4 Escrow & Payment Splitting

How Escrow Works

1. Brand initiates booking (funds held with Stripe)
2. Booking confirmed by creator
3. Creator delivers service
4. Brand marks booking complete
5. Funds released from escrow to split destinations

Split Calculation & Distribution

Total booking amount is split three ways:

• Platform Fee (15%): Retained by P3RSON for operation/infrastructure
• Stripe Fee (2.9% + $0.30): Paid to Stripe for payment processing
• Creator Payout: Remaining amount transferred to creator's Stripe account

Splits executed concurrently; both must succeed or transaction fails. Idempotency keys prevent duplicate transfers on retry.

Dispute Resolution

• 30-day window to file dispute after booking completion
• Evidence: booking messages, photos, contracts, communications
• Investigation SLA: 14 days initial response
• Resolution timeline: 7 days after investigation
• Binding arbitration (no class-action lawsuits)

Refund Eligibility Conditions

• Refund available within 30 days of transaction
• Eligible reasons: Service not delivered, cancellation agreement, breach of contract
• Non-eligible: Buyer's remorse (after delivery), subjective quality complaints
• Refund processing: 5-10 business days to creator account
• Chargeback disputes: P3RSON represents account holder in dispute resolution

2.5 Seat-Based Billing for Agencies

Pricing Model

• Base plan: 3 team seats @ $499/month USD
• Additional seats: $99/month per seat (metered, prorated)
• Billing cycle: Monthly on subscription anniversary date
• Invoice generated on first of month

Seat Allocation Examples

• 3 seats: $499/month
• 4 seats: $598/month ($499 + $99)
• 5 seats: $697/month ($499 + $198)
• 10 seats: $1,189/month ($499 + $690)

Payment & Suspension Terms

• Auto-renewal: Subscription renews monthly unless cancelled
• Payment method: Credit/debit card on file (auto-charged)
• Payment failure grace period: 7 days (notification sent, payment retried)
• Account suspension: 14 days unpaid (all functions disabled)
• Reactivation: Update payment method + 7-day cure period

2.6 Talent Curation & Intellectual Property (Sent Books & Deal Portal)

Sent Books & Deal Portal Ownership

Brand Data Confidentiality

• Talent information within Sent Books is confidential
• Brands cannot share, screenshot, or export Sent Book contents
• Brands cannot use Sent Book access to recruit Talent off-platform
• Violation of confidentiality results in immediate access revocation

2.7 Booking Communications & Dispute Resolution

On-Platform Messaging Requirement

• All booking negotiations must occur within booking_threads on P3RSON Platform
• Off-platform negotiations are not recognized for dispute resolution
• Recording & Archival: All booking thread communications are recorded and archived for 7 years
• Communications may be used in dispute resolution proceedings

Communication Integrity

• Messages are immutable (cannot be edited or deleted after sent)
• Timestamps preserved for all communications
• Attachments (photos, contracts) stored for audit trail
• Evidence retention: 3 years minimum for completed bookings

2.8 Tax & Reporting Obligations

1099-NEC Issuance

• P3RSON issues Form 1099-NEC to Talent earning ≥$600 USD annually
• Issued by January 31 following tax year
• Applies to independent contractors (non-employees)
• Talent responsible for self-employment taxes (not withheld by P3RSON)
• Legal Basis: IRS Code § 6041, § 3121 (Common Law Test)

Talent Independent Contractor Status

• Talent are independent contractors, not employees
• Talent set their own rates, availability, and booking terms
• Talent not eligible for benefits (health insurance, retirement)
• Talent responsible for business tax obligations

Agency Tax Responsibility

• Agencies liable for proper classification of Talent (employee vs. contractor)
• Agencies must maintain payroll records if Talent classified as employees
• Agencies must remit employment taxes if Talent classified as employees
• P3RSON Indemnification: P3RSON indemnified from tax claims arising from Agency misclassification

Talent Earnings Visibility

• Creators can download detailed earnings report anytime (CSV or PDF)
• Report includes: Booking amount, P3RSON fee, Stripe fee, Agency commission, net payout
• Report suitable for tax preparation and accountant review
• Annual summary provided for 1099 preparation

2.9 Gold-Circle Status & Premium Benefits

What is Gold-Circle Status

• VIP recognition program for high-volume, high-rated Talent and Agencies
• Status earned through consistent bookings and strong ratings
• Benefits include: priority in recommendation algorithms, exclusive features, community recognition
• Important: Status is discretionary and subject to change

Eligibility Criteria

• Talent: Minimum 20 bookings + average rating ≥ 4.8/5 (rolling 12-month window)
• Agencies: Minimum 50 bookings placed + client satisfaction ≥ 4.8/5 (rolling 12-month window)
• No violations of Community Guidelines
• Account in good standing (no payment disputes, suspensions)

Gold-Circle Benefits (Non-Binding)

• Featured in discovery feeds and recommendation algorithms
• Access to exclusive brand opportunities and premium clients
• Priority booking response times
• Exclusive community events and networking
• Premium analytics dashboard
• Custom profile badging and verification
• Note: Benefits subject to change at P3RSON's sole discretion

Status Changes & Revocation

• Status earned automatically upon meeting eligibility criteria
• Status maintained if criteria continue to be met
• Status revoked if: Community Guidelines violation, low ratings for 30 days, payment issues, account suspension
• Revocation may occur without notice if violation is severe
• No appeal of revocation available (final at P3RSON's discretion)
• No refund for lost benefits/status

2.10 Rate Limiting & Fair Use Policy

API Rate Limits & SLA

• Default tier: 20 requests/minute per user
• Burst tier: 60 requests/minute per user (for messaging, read operations)
• Strict tier: 5 requests/minute per user (for admin operations)
• Rate limit resets every 60 seconds
• Service Level Agreement (SLA): 99.9% uptime for core API endpoints

Uptime & Maintenance

• Core endpoints: Booking, messaging, payment endpoints (99.9% SLA)
• Secondary endpoints: Discovery, analytics, recommendations (standard availability, no SLA)
• Planned maintenance: Maximum 1 hour monthly, announced 48+ hours in advance
• Emergency maintenance: Performed with minimal notice if critical

Rate Limit Violations & Enforcement

• Exceeding limit returns HTTP 429 (Too Many Requests)
• Response includes Retry-After header (seconds to wait)
• Response includes X-RateLimit-Remaining header (requests remaining)
• Single violation: Warning (no action)
• Pattern of violations (3+ in 30 days): Account suspension (7-30 days)
• Repeated violations (4+ in 90 days): Permanent account termination
• Appeals: Users may contact [email protected] within 14 days of suspension

3. User Responsibilities

3.1 Account Security

• Users responsible for maintaining confidentiality of login credentials
• Users liable for all activity under their account
• P3RSON not liable for unauthorized access due to user negligence
• Agencies responsible for controlling Agent access (separate credentials for each Agent)

3.2 Legal Compliance

• Users must comply with all applicable laws and regulations
• Users responsible for tax obligations (1099 reporting for creators earning ≥$600 annually)
• Independent contractor status applies (P3RSON does not withhold taxes)
• Agencies responsible for employment tax withholding if Talent classified as employees

3.3 Content Guidelines Compliance

• Users must comply with Community Guidelines
• Prohibited content includes: harassment, spam, fraud, copyright violation, illegal activity
• Agencies responsible for ensuring Agent compliance with guidelines
• P3RSON reserves right to remove content and suspend accounts

3.4 Booking Communication Integrity

• All booking negotiations must occur in booking_threads on Platform
• No off-platform negotiations recognized for dispute resolution
• Talent, Agencies, and Brands must participate in good faith in disputes
• Fraudulent communications (faked messages, fake timestamps) subject to account termination

3.5 Fair Dealing & No Circumvention

• Users cannot attempt to circumvent Platform protections (rate limiting, access controls)
• Users cannot circumvent Agency representation (Brand recruiting Talent off-platform)
• Users cannot misuse Sent Book or Talent Book access (sharing credentials, exporting data)
• Circumvention attempts logged and may result in account suspension

4. Admin Access & Agency Audit Rights

4.1 Agency Admin Access to Booking Threads

Agency Access for Dispute Resolution

• Agency admins can access booking_threads for dispute resolution purposes only
• Access limited to threads involving their Agency's Talent or bookings
• Access includes: Reading all messages, viewing attachments, seeing timestamps
• Admin access logged and auditable by Talent upon request

What Admins Can Access

• Full conversation history between Brand and Talent
• All attachments (photos, contracts, proof of delivery)
• GPS check-in data and timestamps
• Message drafts and revisions
• Payment and escrow status

What Admins Cannot Do

• Delete or modify messages (read-only access)
• Share conversations with unauthorized parties
• Use conversations for purposes outside dispute resolution
• Export raw message data for external storage

Logging & Transparency

• Every admin access logged with timestamp, admin ID, action taken
• Talent can request audit log: "Who accessed my booking threads?"
• Audit logs preserved for 5 years (legal compliance)
• Abuse of audit access results in immediate suspension

4.2 Tenant Admin Access to Team Data

Agency Admins Can Access

• All Talent profiles within their Agency (photos, bio, rates, availability)
• Booking history and earnings of all Agency Talent
• Client permission requests and access levels
• Agent activity logs and access patterns
• Billing and subscription data
• Division configurations and custom attributes

Agency Admins Cannot Access

• Talent's personal contact information (phone, home address)
• Talent's tax identification or 1099 data (unless Agent role specifically grants access)
• Other Agencies' data (strict multi-tenant isolation)
• Client payment information or Stripe account details
• P3RSON internal data or other users' data

5. Community Guidelines & Content Moderation

Users agree to comply with P3RSON Community Guidelines. See CommunityGuidelines-v2.2.md for full details on:

• Content posting restrictions for minors
• Prohibited content categories
• Progressive discipline process
• Content moderation procedures
• Report & appeal process
• Agency content moderation rules
• Social features governance (comments, likes, shares)

Summary of Key Guidelines

• Minors: Cannot post without guardian approval
• Harassment: Targeted attacks, threats, doxxing prohibited
• Spam & Abuse: Repetitive content, commercial spam prohibited
• Fraud: Deceptive practices, fake services prohibited
• Copyright: Unauthorized content use prohibited
• Child Safety: Exploitation, grooming prohibited (mandatory law enforcement reporting)
• Illegal Activity: Weapons, drugs, trafficking prohibited

Violations & Discipline

• First violation: Content removal, warning
• Second violation (same category, 30 days): Content removal, 7-day suspension
• Third violation (same category, 90 days): Content removal, 30-day suspension
• Fourth violation or pattern: Permanent account ban
• Severe violations (child safety, trafficking, terrorism): Immediate permanent ban + law enforcement referral

6. Limitation of Liability

• Indirect, incidental, consequential, or punitive damages
• Loss of data, revenue, or business opportunity
• User disputes or service quality issues
• Third-party service failures (Stripe, SendGrid, AWS, Google Cloud)

Maximum Liability

Limited to amount user paid in past 12 months

Notwithstanding Clause

Nothing herein shall limit liability for P3RSON's gross negligence, fraud, or intentional misconduct, or for violations of applicable law.

7. Termination

P3RSON may terminate user account for:

• Violation of these Terms of Service
• Payment fraud or failed payment (after 14-day cure period)
• Legal requirement or court order
• Business decision (30-day notice)

Upon Termination

• Account access revoked immediately
• User data subject to deletion per Data Retention Policy
• Active bookings resolved per dispute resolution process
• Archived booking communications retained for 7 years (legal compliance)

8. Modifications to Terms

P3RSON may modify these Terms of Service at any time. Material changes require 30-day notice. Continued use constitutes acceptance of modified terms.

9. Governing Law & Arbitration

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Users agree to submit to binding arbitration under JAMS arbitration rules.

Binding Arbitration

• Any dispute shall be resolved by binding arbitration, not court litigation
• Arbitration conducted under JAMS Comprehensive Arbitration & Mediation Services Rules
• Arbitrator decision final and binding
• No class-action lawsuits permitted