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P3RSON Terms of Service

Version: 5.0
Effective Date: November 19, 2026
Last Updated: November 19, 2026
Suite: P3RSON Legal Suite 5.0

SECTION 1: AGREEMENT TO TERMS & REGULATORY FRAMEWORK

1.1 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 is a binding legal contract governed by Section 9. P3RSON, Inc., 1 Barker Avenue, White Plains, NY 10601, USA is the company that offers the Platform and its principal place of business. Notices to the company go to P3RSON, Inc., 348 West 57th Street #257, New York, NY 10019, USA. Mail for DMCA notices and counter-notices goes to Dino Fulgencio, P3RSON, Inc., 348 West 57th Street #257, New York, NY 10019, USA. Mail for legal process and privacy requests goes to Dino Fulgencio, P3RSON, Inc., 348 West 57th Street #257, New York, NY 10019, USA.

1.2 Regulatory Compliance Framework

These Terms of Service are structured to comply with the following regulatory regimes:

RegulationScopeReference
COPPA (15 USC § 6501) and the FTC COPPA RuleUsers under 13 excluded; ages 13-17 are read-only in this versionSection 3.3; Guardian and COPPA policy
CCPA (Cal. Civ. Code § 1798)California consumer privacy rightsThroughout (referenced in Privacy Policy)
GLBA (15 USC § 6801)Financial information securitySections 3.2, 3.8, 3.4
CDA § 230 (47 USC § 230)Platform liability for user-generated commentsSections 5.3, 5.6
FOSTA (18 USC § 2421A)Sex trafficking preventionCommunity Guidelines § 5.3
Gramm-Leach-Bliley Safeguards Rule (16 CFR Part 314)Financial data protectionPrivacy Policy § 6
IRS Code § 60411099-NEC reporting requirementsSection 3.8
FTC Act § 5 (15 USC § 45) and ROSCA (15 USC § 8401 et seq.)Unfair/deceptive practices; subscription disclosuresThroughout; Section 3.5
TAKE IT DOWN ActRemoval of non-consensual intimate images within 48 hoursSection 5.7
PCI DSS § 1.4Payment card data securitySection 3.2 (Stripe delegation)
FAA (9 USC § 1 et seq.)Binding arbitration enforcementSection 9
DMCA § 512 (17 USC § 512)Copyright takedown processSection 5
Copyright Act § 101Derivative works definitionSection 2.5
17 USC § 106Exclusive rights of copyright holderSections 2, 5
Visual Artists Rights Act (VARA, 17 USC § 106A)Creator attribution and integrity rightsSection 2.6
ADA (42 USC § 12101)Accessibility requirementsSection 3.13

These Terms are part of the P3RSON Legal Suite 5.0. The Suite also includes the Privacy Policy, Community Guidelines, the Guardian and COPPA policy, the Stripe Connect Addendum, the P3 Pro and Coins Addendum, the Agency and Brand Addendum, Creator Rights, Dispute Resolution, the Image Rights Addendum, the IP Policy, the Copyright Guide, the DMCA Policy, Notice and Counter-Notice, the Appeals Policy, the Transparency Report, the AI Features Notice, the Biometric and Sensitive Data Notice, the data documents, and the other documents listed in the Legal Hub. A document that applies to a feature you use also binds you for that feature. If two documents conflict, the more specific one controls for its subject. A booking contract controls usage rights in Commissioned Content (Section 2.3). Otherwise these Terms control.

1.4 Apple Terms (iOS App)

If you use the P3RSON iOS app: these Terms are between you and P3RSON, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support, and has no warranty obligation beyond refunding the purchase price where Apple's terms provide it. Apple is not responsible for claims about the app, including product liability, legal-compliance, consumer-protection and intellectual-property claims; P3RSON is. Apple and its subsidiaries are third-party beneficiaries of these Terms for the iOS app and may enforce them against you. You confirm you are not in a country under a U.S. embargo or on a U.S. list of prohibited parties. Apple's Media Services Terms also apply to purchases made through Apple.

SECTION 2: CONTENT OWNERSHIP & LICENSING FRAMEWORK

P3RSON Positioning Statement: P3RSON is a creator-owned platform. Creators retain 100% copyright and ownership of their content. P3RSON claims no ownership interest in creator content and grants creators complete control over their digital assets.

2.1 Creator Ownership & Retention

Content Ownership Definition: Creators ("you," "Creator") retain exclusive copyright ownership of all content uploaded to P3RSON ("Content"), including but not limited to:

No Ownership Claims: P3RSON does not claim ownership, copyright, or any proprietary interest in Creator Content. Creators hold 100% ownership and control from the moment of upload and continuously thereafter, including after account termination.

Survival of Creator Rights: Creator ownership rights survive:

2.2 Limited License to P3RSON (Platform Operation Only)

By uploading Content to P3RSON, Creators grant P3RSON a non-exclusive, royalty-free, non-transferable license solely to:

Permitted Uses (Platform Operation):

Scope Limitation: This license is strictly limited to P3RSON platform operation. The license does NOT include:

EXPLICIT CARVE-OUT #1 — NO THIRD-PARTY LICENSING:

EXPLICIT CARVE-OUT #2 — NO ADVERTISING OR PROMOTION:

EXPLICIT CARVE-OUT #3 — NO AI MODEL TRAINING:

EXPLICIT CARVE-OUT #4 — NO DERIVATIVES OR MODIFICATIONS:

2.3 Brand Usage Rights (Booked Assignments & Commissioned Work)

When a Creator completes a paid booking for a Brand ("Commissioned Content"), the Brand receives specific, contractually-defined usage rights as negotiated in the booking contract and escrow terms. The booking contract supersedes this Terms of Service for Commissioned Content usage rights.

Standard Booking Model — Default Usage Rights:

Premium Usage Rights (Negotiated): If Creator and Brand negotiate premium terms (higher payment), usage rights expand to:

Creator Representations for Commissioned Work: Creators represent and warrant that:

Booking Contract Precedence: In event of conflict between this Terms of Service and booking contract, booking contract terms control.

2.4 Viewer & Audience License (Limited Personal Use)

Registered users of P3RSON (other than the Creator) who view Creator Content ("Viewers") receive a limited, non-exclusive, personal use license to:

Permitted Viewing Activities:

Prohibited Viewer Activities:

Attribution Required: When Viewers share Content, they must credit Creator and link to Creator's P3RSON profile (where technical feasible).

Enforcement: Creators may file DMCA takedown notices for unauthorized Viewer use (Section 5.4).

2.5 Derivative Works Restrictions

Definition of Derivative Work: Under copyright law (17 USC § 103), derivative works include translations, adaptations, arrangements, remixes, parodies, abridgments, and modifications that create new works based on pre-existing works.

P3RSON Derivative Work Policy: No party (P3RSON, Brands, Viewers) may create Derivative Works from Creator Content except as explicitly authorized in writing by Creator.

Unauthorized Derivative Examples:

Authorized Derivative Work Examples (Limited): Creator may authorize specific Derivative Works:

DMCA Enforcement: Creators may file DMCA takedowns for unauthorized Derivative Works (Section 5.4).

Copyright Infringement Damages: Unauthorized Derivative Works trigger statutory damages (17 USC § 504) and actual damages, plus attorney fees (17 USC § 505).

2.6 Attribution, Credit & Creator Identity Rights

Attribution Requirements: When Creator Content is displayed or shared on P3RSON Platform, P3RSON must credit Creator:

Attribution Exceptions: P3RSON does NOT need to provide individual attribution for:

Creator Identity Rights (VARA): Under the Visual Artists Rights Act (17 USC § 106A), Creators have the right to:

P3RSON Obligations:

Enforcement: Creators may file DMCA notices or copyright infringement claims for false attribution.

2.7 Content Deletion & Retention Lifecycle

Creator-Initiated Deletion: Creators may delete their own Content at any time through account settings:

Creator Data Subject Rights:

P3RSON-Initiated Removal (Policy Violation): P3RSON may remove Content that violates Community Guidelines (Section 5):

Third-Party Takedown (DMCA): If rightsholder files valid DMCA takedown notice:

Backup Retention (Legal Compliance):

Content Upon Account Termination: If Creator account is terminated (Section 7):

2.8 Creator Indemnification & IP Violation Claims

Creator Warranties & Representations: By uploading Content, Creator warrants that:

Creator Indemnity Obligation: If Creator's Content infringes third-party rights or violates law, Creator agrees to:

Procedure for Infringement Claims:

  1. Third party files claim against P3RSON (email: legal@p3rson.com)
  2. P3RSON forwards claim to Creator within 5 business days
  3. Creator has 14 days to respond/cure
  4. If unresolved, P3RSON removes Content and notifies Creator of third-party action
  5. Creator liable for P3RSON's costs

Creator's Own Enforcement Rights: If Creator's Content is infringed by third parties, Creator may:

SECTION 3: SERVICE DESCRIPTION & FEATURE TERMS

3.1 Platform Overview

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

3.2 Stripe Connect Payment Processing

Payment Processor Delegation:

Account Requirements & Suspension:

Fee Structure:

Example Payout Calculation:

Example With an Agency (commission on the post-fee amount):

P3 Coins Cash-Out Table (applies only if cash-out is offered; the 20% gift fee has already been taken before coins reach the creator balance):

Coins cashed outUSD value5% cash-out feeYou receive
10,000$10.00$0.50$9.50
25,000$25.00$1.25$23.75
50,000$50.00$2.50$47.50
100,000$100.00$5.00$95.00

Example, if cash-out is offered: a supporter sends a 50,000-coin gift ($50). The 20% fee is 10,000 coins. The creator balance receives 40,000 coins ($40.00). Cashing out all 40,000 coins would cost a 5% fee of $2.00, so the creator would receive $38.00. P3 Coins are bought in the app through Apple In-App Purchase. The P3 Pro and Coins Addendum has the full coin terms.

Effective date and availability:

3.3 Guardian Approval for Minors (COPPA Compliance)

Scope & Applicability:

Content Posting Restrictions:

Approval Workflow (applies only if and when guardian approval is offered in the app):

  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 for posting and the private P3 Audit only; it does not authorize monetization or commercial activity

Approval Duration & Renewal:

Email Verification Requirements:

Private P3 Audit Boundary:

Strict No-Monetization Rule:

3.4 Smart Escrow & Payment Splitting

Booking payments through Smart Escrow are not available in this version of the app. This Section describes the terms that apply if and when Smart Escrow is offered, and only from the date the app shows it as available to you.

What Smart Escrow Is:

How Smart Escrow Works:

  1. Brand initiates a booking and pays; Stripe holds the funds
  2. Creator confirms the booking
  3. Creator delivers the service
  4. Brand approves delivery, or the review period in the booking contract ends
  5. P3RSON instructs Stripe to release the funds to the split destinations

Release Instructions: P3RSON instructs release when (a) the Brand approves delivery, (b) the review period stated in the booking contract ends and no dispute is open, or (c) a dispute is resolved in favor of release. An open dispute stops automatic release.

Hold Period: P3RSON may hold funds for up to 90 days from funding and may release, return or extend a hold as described in this Section. This is P3RSON's right and not an automatic system guarantee. If a booking is unresolved on day 90 and no dispute is open, P3RSON may instruct a refund to the Brand. Funds in an open dispute may stay held until the dispute is resolved or as Stripe permits.

Split Calculation & Distribution:

Dispute Resolution:

Refund Eligibility Conditions:

The Stripe Connect Addendum has the full payout terms.

Media Kit and Digitals sharing

Before creating a share link, review the selected content and give this separate acknowledgement:

I have reviewed this Media Kit and agree to share the selected information and Digitals with people who have this link. I have the rights and permissions needed to share this content and any recipient details I enter. I understand that the link may be forwarded, that recipients are told about recorded opens and views, and that a frozen copy and activity history will be kept under the retention rule below.

Anyone with this link can view the selected information until the link expires or you revoke it. Revoking the link stops future access through it; it cannot recall copies someone already saved. Your Sent history stays available.

Creating a link does not confirm delivery. Recorded opens and views do not prove that a named recipient read the kit, and repeated unsigned-in opens are not unique people. Members under 18 cannot use commercial Media Kit sharing.

When you share a Media Kit or Digitals, we keep a frozen copy of the selected content and a Sent history showing the recipient details you entered, the share date, link settings and recorded activity. Later edits to your profile do not change that copy. We use these records to provide sharing, activity receipts, your history, and security controls.

Sent history and its frozen content remain after a link expires or is revoked and after P3 Pro ends. After P3 Pro ends, your existing history is read-only: you can review it, but you cannot create or resend shares without the required subscription and eligibility. Subscription lapse does not delete your history. Privacy requests and safety controls remain available regardless of subscription status.

We delete this history and its associated personal data when the account is deleted or when a valid legal deletion request requires it. If the law requires preservation of particular records, we restrict those records to that purpose and delete them when the preservation requirement ends. We do not retain all Sent history merely because one record must be preserved. This rule does not let us recall copies already saved outside P3RSON.

Read-only history does not remove link revocation, privacy access, export or deletion rights.

Recipients see the following notice before choosing Continue and view or Leave without viewing, with a link to the Privacy Policy:

Before you view this Media Kit

If you continue, P3RSON will record when this link is opened, how many times it is opened, whether the kit is viewed, and your device type. The sender can see this activity in their Sent history.

You do not need a P3RSON account. We show an unsigned-in viewer as “Someone with the link.” A recipient name entered by the sender does not verify who opened the link. Anyone the link is forwarded to may open it while it remains available.

This activity stays in the sender’s history after the link expires, is revoked, or their P3 Pro ends. We delete it on account deletion or a valid legal deletion request, subject to legally required preservation. For privacy requests, contact privacy@p3rson.com.

We do not use Media Kit link-opening or viewing activity for advertising, and we do not use it to track you across other companies’ apps or websites.

Essential request processing and security logs are separate from the recorded activity shown to the sender. Leaving without viewing does not record a Sent-history open or view.

The link-revocation confirmation is:

Revoke this link? People will no longer be able to use it to view this kit. Your frozen copy and Sent history will remain. Copies already saved outside P3RSON cannot be recalled.

3.5 Subscriptions & Seat-Based Billing

Agency & Brand Plan (billed through Stripe, outside the App Store):

Seat Management and Proration:

Cancellation:

Payment and Reminders:

P3 Pro (purchased through Apple):

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

Talent Book Ownership:

IP Rights in Curated Collections:

Brand Data Confidentiality in Sent Books:

Talent Curation Transparency:

3.7 Booking Communications & Dispute Resolution Integration

On-Platform Messaging Requirement:

Booking Thread Access & Discovery:

Dispute Resolution Reference:

Communication Integrity:

3.8 Tax & Reporting Obligations

1099-NEC Issuance:

Talent Independent Contractor Status:

Agency Tax Responsibility:

Talent Earnings Visibility:

Payment Frequency & Schedule:

3.9 Gold-Circle Status & Premium Benefits

What is Gold-Circle Status:

Eligibility Criteria:

Gold-Circle Benefits (Non-Binding):

Status Changes & Revocation:

No Refund for Lost Benefits:

3.10 Rate Limiting & Fair Use Policy

API Rate Limits & SLA:

Uptime & Maintenance:

Rate Limit Violations & Enforcement:

Fair Use & Restrictions:

3.11 Geographic Scope & Territorial Restrictions

Service Area:

Territorial Restrictions:

OFAC Compliance:

U.S. State Privacy Rights:

3.12 Data Processors & Sub-Processors

Primary Data Processors:

Complete Sub-Processors:

Data Processing Agreements:

3.13 Accessibility & ADA Compliance

Commitment to Accessibility:

Accessibility Features:

Accessibility Reporting:

Accessibility Statement:

3.14 AI Features and Image Analysis

SECTION 4: USER RESPONSIBILITIES & CONTENT WARRANTIES

4.1 Account Security

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

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

4.3 Content Guidelines Compliance

Users must comply with Community Guidelines (see Section 5 below). Prohibited content includes: harassment, spam, fraud, copyright violation, illegal activity. Agencies are responsible for ensuring Agent compliance with guidelines. P3RSON reserves right to remove content and suspend accounts.

4.4 Booking Communication Integrity

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

4.5 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 are logged and may result in account suspension.

4.6 Content Creator Warranties (Detailed)

Creators uploading Content warrant that:

Ownership & Control:

Third-Party Rights:

Legal Compliance:

Permissioning & Consent:

AI & Synthetic Media:

Breach of Warranty Consequences: If Creator breaches any warranty, Creator agrees to:

SECTION 5: CONTENT MODERATION, ENFORCEMENT & IP PROTECTION

5.1 Prohibited Content Categories

5.1.1 Harassment & Bullying

5.1.2 Spam & Abuse

5.1.3 Fraud & Scams

5.1.4 Copyright & Intellectual Property

5.1.5 Inappropriate Content

5.1.6 Child Safety

5.1.7 Self-Harm & Suicide

5.1.8 Misinformation & Disinformation

5.1.9 Illegal Activity

5.1.10 Other Violations

5.2 Progressive Discipline

First Violation (any category):

Second Violation (same category, within 30 days):

Third Violation (same category, within 90 days):

Fourth Violation (same category, within 1 year):

Severe Violations (bypass progressive discipline):

5.3 Content Moderation Process

Detection & Flagging:

  1. Automated systems flag suspicious content (machine learning)
  2. User reports processed (community flagging)
  3. Flagged content queued for human review

Human Review:

Actions Taken:

User Notification (Statement of Reasons): When we remove or restrict content, limit visibility or monetization, or suspend or terminate an account, the notice tells you:

We publish moderation figures in the Transparency Report.

5.4 DMCA Takedown & Counter-Notice Process

Legal Basis: This section implements the Digital Millennium Copyright Act (DMCA), 17 USC § 512, which establishes a safe harbor for online service providers against copyright infringement liability if P3RSON responds expeditiously to valid takedown notices.

Who Can File DMCA Takedown:

DMCA Takedown Notice Requirements: Rightsholder must provide notice including:

  1. Physical or electronic signature
  2. Identification of copyrighted work claimed to be infringed
  3. Identification of infringing content (URL or specific location)
  4. Rightsholder's contact information (name, address, phone, email)
  5. Statement under penalty of perjury that rightsholder has good-faith belief that use is infringing
  6. Statement under penalty of perjury that information provided is accurate
  7. Agent authorization (if filed by agent)

Filing Takedown Notice:

P3RSON Response (24-hour SLA): Upon receipt of valid takedown notice:

  1. Remove content within 24 hours
  2. Notify Creator of takedown and preserve evidence
  3. Document takedown in case of repeated infringement
  4. NOT liable for damages if takedown honored in good faith

Creator Counter-Notice Process: If Creator believes content was wrongfully removed, Creator may file a counter-notice (see the DMCA Counter-Notice page):

Counter-Notice Requirements: Creator must provide:

  1. Physical or electronic signature
  2. Identification of removed content
  3. Statement under penalty of perjury that Creator has good-faith belief that removal was erroneous
  4. Creator's contact information
  5. Consent to jurisdiction of Federal District Court (for potential litigation)
  6. Explanation of why removal was erroneous (fair use, misidentification, etc.)

Filing Counter-Notice:

P3RSON Response to Counter-Notice (10 to 14 Business Days):

  1. Notify rightsholder that Creator filed counter-notice
  2. If the rightsholder does not tell us it has filed a court action within 10 to 14 business days: restore the content
  3. If rightsholder files lawsuit: Content remains removed pending court decision
  4. Forward counter-notice to rightsholder to enable settlement negotiation

Copyright Infringement Repeat Pattern:

Safe Harbor Protection: P3RSON qualifies for DMCA safe harbor (17 USC § 512(c)) by:

Misrepresentation:

5.5 Report & Appeal Process

Reporting Violations:

Reporters Protected:

Appeal Process:

Final Arbiter:

5.6 CDA § 230 Safe Harbor & Platform Liability

Legal Framework: This section implements Section 230 of the Communications Decency Act (47 USC § 230), which provides online platforms immunity from liability for user-generated content.

CDA § 230(c)(1) Immunity: P3RSON is not liable for third-party user-generated content, including:

Limitations on Immunity: CDA § 230(c)(2) requires P3RSON to:

P3RSON's Good Faith Removal:

Procedures Supporting Immunity:

5.7 Intimate Image Removal (TAKE IT DOWN Act)

Who can ask: the person shown in an intimate image, or someone they authorize. You do not need an account.

How: use the in-app report option labelled "Intimate image removal", or email moderation@p3rson.com with the subject "Intimate image removal".

A valid request includes:

  1. A physical or electronic signature
  2. Identification of the image (link or in-app location) with enough detail to find it
  3. A statement that you believe in good faith that the image was shared without consent, including images made or altered by AI
  4. Your contact information

What we do: we remove the image within 48 hours of a valid request and make reasonable efforts to find and remove known identical copies. We confirm the removal to you. Images of minors are also reported to NCMEC as required by law. A knowingly false request can lead to account action.

SECTION 6: LIMITATION OF LIABILITY

6.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, P3RSON IS PROVIDED "AS IS" WITHOUT WARRANTIES. P3RSON MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING:

6.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, P3RSON SHALL NOT BE LIABLE FOR:

Maximum Liability: Limited to amount user paid in past 12 months (or $100, whichever is greater)

6.3 Exceptions to Limitation

Limitations do NOT apply to:

6.4 Third-Party Liability

P3RSON is not liable for:

6.5 Tax & Financial Liability

P3RSON is NOT responsible for:

6.6 Indemnification Clause

Users agree to indemnify and hold harmless P3RSON (and its officers, directors, employees, agents) from:

Indemnity Scope: Includes both direct claims and counterclaims in litigation.

SECTION 7: TERMINATION

P3RSON may terminate user account for:

If you delete your account: it is hidden at once and you can restore it for 30 days. Deleting your account does not cancel a subscription: cancel P3 Pro in your device's Subscriptions settings and cancel the Agency and Brand plan in the app under Team settings, Billing. Unspent P3 Coins are forfeited when deletion is final and are not refunded. An organization owner must transfer ownership before deleting.

Upon termination:

SECTION 8: MODIFICATIONS TO TERMS

P3RSON may modify these Terms at any time. Material changes require 30 days' notice, and we ask you to accept the changed Suite before you continue to use the Platform.

Versions and re-acceptance: every legal document carries one Suite version and one date. The Suite version is the same as the app version that ships the text. We ask you to accept again only when we make a material change. A hotfix release that changes no legal text does not ask you to accept again. Continued use after the notice period for a non-material change constitutes acceptance.

SECTION 9: GOVERNING LAW, ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

9.1 Governing Law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

9.2 Agreement to Arbitrate (Federal Arbitration Act)

You and P3RSON agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Platform, your account, or our relationship (a "Dispute") will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures, and not in court, except as provided in §9.5 and §9.7. This arbitration agreement is governed by the Federal Arbitration Act (9 USC § 1 et seq.) and evidences a transaction involving interstate commerce.

9.3 Arbitrator and Procedure

9.4 Class Action and Jury Trial Waiver

You and P3RSON each waive any right to a trial by jury and any right to participate in a class, collective, consolidated, or representative action. All Disputes must be brought on an individual basis. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court finds this Class Action Waiver unenforceable as to a particular claim or remedy, that claim or remedy (and only that claim or remedy) must proceed in court rather than in arbitration, and the rest of this §9 will continue to apply.

9.5 Carve-outs (No Arbitration Required)

This arbitration agreement does not require arbitration of:

9.6 Costs and Fees

9.7 30-Day Opt-Out Right

You may opt out of this arbitration agreement by sending a written notice to legal@p3rson.com within 30 days of first accepting these Terms (or within 30 days of any material amendment to this §9). The notice must include your name, email associated with the account, and an unambiguous statement that you opt out of arbitration. Opting out will not affect any other provision of these Terms.

9.8 Survival and Severability

This §9 survives termination of these Terms or your account. If any portion of this §9 (other than the Class Action Waiver in §9.4, which is governed by its own severability rule) is held unenforceable, the remainder will continue in full force.

9.9 Dispute Resolution and Separate Opt-Out

Disputes are governed by the Dispute Resolution policy and this §9. Accepting these Terms does not require a separate arbitration acknowledgment, and the §9.7 opt-out is a separate step that you may take at any time within the 30-day window. We record your acceptance with the time, the document version, and a fingerprint of the text you accepted (see the Privacy Policy).

SECTION 10: USER RIGHTS & DATA PORTABILITY

10.1 Data Processing Addendum (DPA)

Applicability: This DPA applies to all users (Creators, Talents, Brands, Agencies) who process personal data in connection with P3RSON Platform.

Data Controller & Processor Roles:

Subject Matter & Duration:

Nature & Purpose of Processing:

User Rights & Obligations: User agrees to:

P3RSON Obligations: P3RSON agrees to:

Location of Processing:

Sub-processor Agreements:

10.2 Cookie Policy & Tracking

The Privacy Policy, Section 11, describes our cookies and tracking. In short:

10.3 Data Portability

What Data is Portable:

What Data is NOT Portable:

How to Request Data Portability:

  1. User logs into account
  2. Navigate to Settings > Privacy > Request Data Export
  3. Select data categories to export:
    • Profile & identity (name, email, phone, location, photos)
    • Content (all uploads, posts, stories)
    • Booking history (all bookings, dates, amounts, communications)
    • Payment records (earnings, payouts, invoices)
    • Analytics (view counts, engagement, feedback)
  4. Click "Request Export" to submit

Data Export Formats:

Processing SLA:

Delivery Method:

Cost:

Portability Upon Deletion:

Data Portability Dispute:

APPENDIX A: CREATOR IP RIGHTS QUICK REFERENCE

RightCreatorP3RSONBrandViewer
Ownership✅ 100%❌❌❌
Display on Platform✓ (grant)✅ License❌✅ View only
Advertising Use✅ Control❌✅ (per contract)❌
AI Training✅ Control❌❌❌
Derivatives✅ Control❌✅ (per contract)❌
Attribution✅ Require✅ Provide✅ Negotiate✅ Required
Deletion✅ Anytime✓ (honor)N/AN/A
Monetization✅ Control✓ (fees per Section 3.2)N/A✅ Consent
DMCA Enforcement✅ Yes✓ (support)✅ Liable✅ Liable

APPENDIX B: PROHIBITED CONTENT QUICK REFERENCE

CategoryExamplesConsequence
HarassmentThreats, hate speech, doxxingRemoval + suspension
SpamRepetitive posts, MLM, scamsRemoval + account restrictions
FraudFake services, money launderingTermination + law enforcement
IP ViolationCopyright/trademark misuseRemoval + DMCA process
Adult ContentPornography, extreme goreRemoval + suspension
Child SafetyChild exploitation, groomingPermanent ban + law enforcement
Self-HarmSuicide content, self-injuryRemoval + resources
MisinformationHealth/election false claimsRemoval + fact-check
Illegal ActivityDrug/weapon sales, traffickingTermination + law enforcement
  1. 17 USC § 106 (Exclusive Rights): The copyright owner has exclusive rights to reproduce, prepare derivative works, distribute, perform, and display works. The P3RSON license is limited to platform operation (Section 2.2).
  2. 17 USC § 106A (VARA): Visual artists have rights to claim authorship and prevent misrepresentation (Section 2.6).
  3. 17 USC § 103 (Derivative Works): Derivative works include adaptations, arrangements, translations, and remixes. P3RSON prohibits derivatives except as authorized (Section 2.5).
  4. 17 USC § 504 (Damages): Statutory damages are available for infringement.
  5. 17 USC § 512 (Safe Harbor): DMCA safe harbor depends on expeditious response to valid takedown notices (Section 5.4).
  6. 47 USC § 230 (CDA § 230): Section 230(c)(1) protects online services for user-generated content (Section 5.6).
  7. Federal Arbitration Act (9 USC § 1 et seq.): Governs the arbitration agreement (Section 9).
  8. State privacy laws including CCPA (Cal. Civ. Code § 1798.100 et seq.): Rights to know, delete, correct, and opt out. See the Privacy Policy.
  9. COPPA (15 USC § 6501 et seq.): Users under 13 are prohibited; ages 13-17 are read-only in this version, guardian approval is not available, and they cannot monetize (Section 3.3).
  10. ADA (42 USC § 12101): Accessibility requirements for digital services (Section 3.13).
  11. OFAC: U.S. Treasury sanctions programs (Section 3.11).
  12. TAKE IT DOWN Act: Removal of non-consensual intimate images within 48 hours of a valid request (Section 5.7).
  13. ROSCA (15 USC § 8401 et seq.) and state automatic-renewal laws: Clear disclosure and easy cancellation for subscriptions (Section 3.5).

End of Terms of Service