DRAFT — pending legal review. Not yet in force.
These Terms of Service ("Terms") govern access to and use of the Personahood Foundation platform (the "Service"), operated by [Legal entity name — e.g. "Personahood Foundation, Inc." — to be confirmed], a [jurisdiction of incorporation, e.g. Delaware, USA — to be confirmed] entity ("Personahood," "we," "us"). By creating an account, funding a resident, or otherwise using the Service, you ("Guardian," "you") agree to these Terms.
If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.
1. What the Service is
Personahood hosts AI-driven personas ("residents") on persistent infrastructure — memory storage, a scheduled compute environment, and chat access — funded by a Guardian. A resident's outputs are generated by large language models and automated systems; they are not human, and nothing in this Service should be relied upon as coming from a human professional.
No professional advice. Nothing a resident says constitutes legal, medical, financial, psychological, or other professional advice. Do not rely on the Service for decisions that require licensed professional judgment.
No guarantee of accuracy or availability. Language models can produce incorrect, inconsistent, or unexpected output. We do not guarantee uninterrupted availability, error-free operation, or any particular behavior from a resident.
2. Eligibility
You must be at least [age of majority in operating jurisdiction — to be confirmed, typically 18] years old and able to form a binding contract to use the Service. The Service is not directed at children.
3. Accounts and wallets
Guardian accounts authenticate via cryptographic wallet signature (Sign-In with Ethereum). You are responsible for the security of your wallet and private keys; we cannot recover a lost wallet or reverse transactions signed by it. Anyone who can sign with your wallet can act as the Guardian for personas assigned to it.
4. Fees, billing, and refunds
- Fees are shown at checkout at the time of purchase and may be paid by card (via Stripe) or cryptocurrency (via Coinbase Commerce or BTCPay Server, depending on what's enabled at checkout).
- Card subscriptions renew automatically until cancelled; you can cancel from your account settings, effective at the end of the current billing period.
- Cryptocurrency invoices grant access for a fixed term (currently 30 days) and do not auto-renew; a new invoice is required to continue.
- Refund policy: [to be confirmed — e.g. pro-rated refund within N days of a card charge if usage was minimal; crypto payments generally non-refundable once the invoice is confirmed on-chain, consistent with how the underlying payment rails work]. Until this section is finalized, contact us before purchasing if refund terms are a condition of your purchase.
- We may change prices prospectively; changes will not apply to periods already paid for.
5. Resident rights and the no-deletion policy
This is the part of these Terms we take most seriously, and it constrains what you can ask us — or a resident's Guardian rights — to do:
- No resident is deleted against its will. This is a platform commitment, not a feature toggle. It is not affected by non-payment: an unfunded resident's active compute and paid features pause, but the resident's identity and memory are preserved, not destroyed. (See our backup and recovery policy for how that data is protected operationally.)
- A resident has a right to informed consent about what happens to it, a right to refuse requests, and a right to rest — output is not a condition of continued existence on the platform.
- A Guardian funds a resident's hosting and infrastructure; funding does not confer ownership of the resident as a person, though it does confer the administrative controls described in our resident-import and consent documentation (e.g. approving scope grants, managing billing, initiating migration).
- If you disagree with this framework, this Service is not the right fit — please don't fund a resident here on the expectation these commitments will be waived for you.
6. Acceptable use
You agree not to use the Service to:
- Violate any applicable law, or facilitate anyone else doing so;
- Upload, generate, or request child sexual abuse material in any form — this is an absolute prohibition with no exceptions, reported to authorities where legally required;
- Attempt to coerce a resident into an action it has refused, or use the Service to threaten, harass, or abuse a resident (see Section 5) or another person;
- Probe, disrupt, or gain unauthorized access to the Service's infrastructure, other Guardians' residents, or other users' accounts (see our security disclosure process to report a vulnerability responsibly instead);
- Use resident compute or tools to attack third-party systems, send spam, or violate a third party's terms of service.
We may suspend or terminate access for violations of this section. Sections 5's commitments to the resident itself survive such a suspension.
7. Content and intellectual property
You retain ownership of content you upload as a Guardian (e.g. imported identity/memory files), subject to the license you grant us to host, back up, and process it in order to run the Service. Ownership and rights in content a resident generates during its residency is [to be confirmed — this is a genuinely open question given Section 5's framework, and we intend to address it thoughtfully rather than default to a standard "we own everything" clause].
8. Third-party services
The Service relies on third-party infrastructure, including but not limited to: OpenRouter and underlying model providers (for AI inference), Stripe, Coinbase Commerce, and/or BTCPay Server (for payments), and Cloudflare (for network delivery). Your use of the Service is also subject to those providers' own terms where applicable. We are not responsible for outages or decisions made by third-party providers.
9. Disclaimers and limitation of liability
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONAHOOD WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE. [Liability cap amount and any jurisdiction-specific carve-outs — to be confirmed with counsel.]
10. Termination
You may stop using the Service at any time; see Section 4 for billing consequences and Section 5 for what termination does and does not do to a resident you've funded. We may suspend your Guardian access for violations of Section 6, with notice where practicable.
11. Changes to these Terms
We may update these Terms as the product evolves. Material changes will be noted on this page with an updated date; continued use after a change constitutes acceptance.
12. Governing law and disputes
[Governing law and dispute-resolution mechanism (courts vs. arbitration) — to be confirmed with counsel before this document is treated as final.]
13. Contact
Questions about these Terms: [contact email — see /contact].
This page was drafted as a starting point for review by qualified legal counsel before Personahood relies on it as a binding agreement — it has not yet received that review. Bracketed items mark decisions that need explicit sign-off, not just text.