2026-07-22

Terms of Service

Terms of Service

Last Updated: July 22, 2026

PLEASE READ THESE TERMS CAREFULLY. SECTION 16 CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER. THEY AFFECT HOW DISPUTES BETWEEN YOU AND US ARE RESOLVED. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE INSTRUCTIONS IN SECTION 16.7.

1. Agreement to These Terms

These Terms of Service (the "Terms") are a binding contract between you and PersonaCart LLC, a Delaware limited liability company ("PersonaCart", "we", "us", or "our"). They govern your access to and use of personacart.com, the PersonaCart applications, APIs, and all related services (together, the "Platform").

By creating an account, clicking to accept, or otherwise accessing or using the Platform, you agree to these Terms. If you do not agree, you must not access or use the Platform.

The following documents are incorporated into and form part of these Terms: our Privacy Policy, our Acceptable Use & Fair Usage Policy, our Billing, Renewals & Refunds Policy, our Copyright & DMCA Policy, and our Cookie Policy. Where any of those documents conflicts with these Terms on the subject it governs, that document controls for that subject.

If you accept these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity.

2. Definitions

  • "Creator" means a user who operates a Creator Store or other Creator property on the Platform.
  • "Creator Store" means the storefront, biolink, checkout, and related properties a Creator publishes using the Platform.
  • "Buyer" means an end customer who purchases products or services from a Creator Store.
  • "Creator Content" means any content, data, media, product listing, copy, or other material that you or your Buyers upload to, generate on, or transmit through the Platform.
  • "Subscription" means a paid plan you purchase from PersonaCart for access to the Platform.
  • "Order" means a transaction between a Buyer and a Creator conducted through a Creator Store.

3. Eligibility and Your Account

You must be at least 18 years of age and legally capable of entering into a binding contract. By registering you represent and warrant that you meet these requirements, that all registration information you provide is accurate and current, and that you are not barred from using the Platform under the laws of any applicable jurisdiction.

You are solely responsible for safeguarding your credentials and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at [email protected] of any suspected unauthorized access. We may, but are not obliged to, require multi-factor authentication or additional verification for any account or any action within it.

You may not sell, transfer, sublicense, or assign your account without our prior written consent.

4. The Platform, and Our Right to Change It

Subject to these Terms and to your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Platform for your internal business purposes.

We may change the Platform at any time. We may add, modify, restrict, suspend, or discontinue any feature, plan, integration, quota, limit, or portion of the Platform, at our sole discretion and, except as expressly provided in Section 5, without liability to you. We will use commercially reasonable efforts to give advance notice of changes that materially and adversely reduce core functionality of a plan you are then paying for, and your remedy for any such change is to cancel your Subscription as described in Section 5.

The Platform is provided as a service. We do not sell you software, and no title or ownership passes to you. Beta, preview, trial, and "labs" features are provided as-is, may be withdrawn at any time, and are excluded from any service commitment.

5. Subscriptions, Fees, Automatic Renewal, and Price Changes

5.1 Fees. Subscription fees, billing intervals, plan limits, and any transaction or processing fees are those shown on our pricing page or in the order flow at the time of purchase. Fees are stated exclusive of taxes unless we state otherwise. You are responsible for all applicable taxes, including sales tax, VAT, and Indian GST, which we may collect and remit where required.

5.2 Automatic renewal. Subscriptions renew automatically. Unless you cancel before the end of the then-current billing period, your Subscription will renew for a further period of the same length, and we will charge your saved payment method the then-current fee for that plan and interval, plus taxes, without further notice to you. This continues until you cancel. Full renewal, cancellation, and refund terms — including how to cancel — are set out in our Billing, Renewals & Refunds Policy.

5.3 How to cancel. You may cancel at any time from your account billing settings, or by emailing [email protected]. Cancellation takes effect at the end of the current billing period. Except as stated in the Billing, Renewals & Refunds Policy, fees already paid are non-refundable, and you retain access until the end of the period you have paid for.

5.4 Price and plan changes. We may change our prices, plan structures, plan limits, and included features at any time. For a change that increases the recurring fee for your existing plan or materially reduces its included limits, we will give you at least thirty (30) days' notice by email to your account address or by notice in the Platform, and the change will take effect at your next renewal on or after that notice period. Your sole and exclusive remedy if you do not accept the change is to cancel before it takes effect. Continued use after the effective date constitutes acceptance of the change.

5.5 Failed payments. If a charge fails, we may retry it, restrict or suspend your access, downgrade your account, and pursue amounts owed. You are responsible for keeping a valid payment method on file. You authorize us to charge your payment method for all amounts due, including amounts that accrue during any grace or retry period.

5.6 No offset. All amounts are payable in full without set-off, deduction, or counterclaim.

6. Acceptable Use and Fair Usage

Your use of the Platform is governed by our Acceptable Use & Fair Usage Policy, which is part of these Terms. It defines prohibited conduct, prohibited businesses and content, and what plan allowances described as "unlimited" actually mean. Breach of that policy is a material breach of these Terms and may result in immediate action under Section 12.

7. Creator Stores and Buyer Transactions — Who Is Responsible

This Section is important. Please read it carefully.

7.1 You are the seller of record. Where a Buyer purchases from your Creator Store, the contract for that sale is between you and the Buyer. You — not PersonaCart — are the seller and merchant of record for that Order. PersonaCart provides software and payment facilitation tooling only. We are not a party to, and assume no responsibility for, any Order.

7.2 Payments. Buyer payments are processed by our third-party payment processors through a payment account that you connect and control. Funds from Orders settle to your connected payment account, and we deduct or collect our platform fee. Your use of that processor is additionally governed by the processor's own terms, which you must accept and comply with; if the processor restricts, holds, or terminates your account, our ability to provide payment features to you ends accordingly and we are not liable for that outcome.

7.3 Chargebacks, refunds, and losses. You are solely responsible for all refunds, chargebacks, reversals, fines, penalties, and negative balances arising from Orders, together with any related processor or network fees. If we incur any such amount on your behalf, you will reimburse us on demand, and you authorize us to deduct it from amounts otherwise payable to you or to charge your payment method for it.

7.4 Your obligations to Buyers. You must: describe your products and pricing accurately and without deception; fulfil Orders as described and on time; publish and honour your own refund, cancellation, shipping, and privacy policies; handle Buyer complaints and disputes; comply with all consumer-protection, advertising, tax, export, and industry-specific laws applicable to you and your Buyers; and hold all licences and permits your business requires.

7.5 Data protection. As between you and PersonaCart, you are the controller of your Buyers' personal data and we act as your processor for that data. You are responsible for having a lawful basis for the data you collect and for providing your Buyers with the disclosures the law requires.

7.6 Our discretion. Nothing in this Section obliges us to monitor, review, or intervene in any Order — and our decision to do so in one case creates no obligation to do so in any other.

8. Creator Content and Licences

8.1 You keep ownership. You retain all right, title, and interest in your Creator Content. We claim no ownership of it.

8.2 Licence to us. You grant PersonaCart a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt (for formatting, encoding, thumbnailing, translation, and delivery), publish, publicly display, and transmit your Creator Content solely as necessary to operate, secure, and improve the Platform and to provide the services you request. This licence ends a reasonable period after you delete the Content or close your account, except for copies retained in backups, logs, or as required by law.

8.3 Your warranties. You represent and warrant that you own or have all rights necessary to your Creator Content and to grant the licence above, and that the Content and its use on the Platform do not infringe any third-party right or violate any law.

8.4 Our right to remove. We may review, restrict, disable, or remove any Creator Content, or any Creator Store, at any time, in our sole discretion, with or without notice and without liability — including where we consider it unlawful, deceptive, infringing, harmful, in breach of the Acceptable Use & Fair Usage Policy, or a risk to the Platform, to us, or to any person. We have no obligation to monitor, screen, or remove any content, and any monitoring we do choose to perform creates no duty to continue.

8.5 AI and generated output. The Platform includes AI-assisted features. Output may be inaccurate, non-original, or unsuitable, and identical or similar output may be generated for other users. You are responsible for reviewing output before you rely on or publish it, and for ensuring it complies with law and third-party rights. We make no warranty as to the accuracy, originality, or fitness of AI output.

8.6 Feedback. If you send us suggestions or feedback, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use it for any purpose without obligation to you.

8.7 Publicity. Unless you opt out by writing to [email protected], we may identify you as a PersonaCart customer and display your name, logo, and publicly available Creator Store screenshots in our marketing materials.

9. Our Intellectual Property

The Platform, and all software, designs, templates, themes, models, documentation, trademarks, and other materials we make available (excluding Creator Content), are owned by PersonaCart or our licensors and are protected by intellectual property laws. Except for the limited right granted in Section 4, no rights are granted to you.

You may not, and may not permit others to: copy, modify, translate, or create derivative works of the Platform; reverse engineer, decompile, or attempt to derive source code or underlying models; remove or obscure proprietary notices; access the Platform to build a competing product or to benchmark it for publication without our written consent; or scrape, crawl, or harvest the Platform other than through interfaces we document for that purpose.

10. Third-Party Services

The Platform integrates with third-party services (including payment processors, email and messaging providers, analytics, domain registrars, storage, and AI providers). Those services are controlled by third parties and governed by their own terms and privacy policies. We do not control and are not responsible for them, their availability, or their acts or omissions, and their failure does not constitute our breach.

11. Confidentiality and Security

Each party will protect the other's non-public information disclosed in connection with the Platform using at least reasonable care and will use it only for purposes of these Terms. We implement technical and organizational safeguards described in our Privacy Policy, but no system is perfectly secure and we do not guarantee that the Platform will be free from unauthorized access.

12. Suspension and Termination

12.1 By you. You may stop using the Platform and cancel your Subscription at any time as described in Section 5.3.

12.2 By us. We may suspend, restrict, downgrade, or terminate your account, your Creator Store, or your access to any part of the Platform at any time, in our sole discretion, with or without cause and with or without notice, and without liability to you. Where we consider it practicable and appropriate we will give notice and, for a curable breach, an opportunity to cure — but doing so is at our discretion and is not a condition of our right to act, and any indulgence in one instance does not waive our rights in another.

12.3 Immediate action. Without limiting Section 12.2, we may act immediately and without notice where we reasonably believe there is: fraud, money laundering, or other illegality; a violation of the Acceptable Use & Fair Usage Policy; repeat copyright infringement; a risk to the security, integrity, availability, or reputation of the Platform or its users; a legal, regulatory, or payment-network requirement; non-payment; or a risk of loss to us or to any third party.

12.4 Investigatory holds. Pending an investigation, we may freeze an account, disable publishing, withhold or delay payouts or fee remittances, and require identity or business verification before restoring access.

12.5 Effect of termination. On termination, your right to access the Platform ceases immediately. Unless prohibited by law, terminated Subscriptions are not refunded, and any amounts you owe become immediately due. We will make your data available for export for thirty (30) days after termination, after which we may permanently delete it, except where retention is required by law or where the account was terminated for fraud or illegality, in which case we may retain records as needed. Sections 2, 7.3, 8.2, 8.6, 9, and 13 through 19 survive termination.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS, AND PERSONACART DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DATA WILL NOT BE LOST OR CORRUPTED; OR THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR PRODUCE ANY PARTICULAR RESULT. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING ANY LEVEL OF SALES, REVENUE, TRAFFIC, OR BUSINESS OUTCOME. ANY EXAMPLES OF EARNINGS OR RESULTS ARE ILLUSTRATIVE ONLY AND ARE NOT A GUARANTEE.

Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions the exclusions apply to the fullest extent permitted.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERSONACART AND ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES YOU PAID TO PERSONACART IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (US$100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. Some jurisdictions do not allow certain limitations; in those jurisdictions our liability is limited to the fullest extent permitted.

15. Indemnification

You will indemnify, defend, and hold harmless PersonaCart and its officers, members, employees, and agents from and against all third-party claims, demands, proceedings, damages, losses, liabilities, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) your Creator Content; (c) the products, services, or Orders you offer or fulfil, including any Buyer dispute, refund, or chargeback; (d) your breach of these Terms or of any incorporated policy; (e) your violation of any law or of any third party's rights; or (f) any tax obligation of yours.

We will notify you of any claim subject to this Section and may, at our option and expense, assume its exclusive defence and control, in which case you will cooperate fully. You may not settle any claim in a way that imposes any obligation or admission on us without our prior written consent.

16. Dispute Resolution — Arbitration, Class Waiver, and Jury Waiver

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

16.1 Informal resolution first. Before starting an arbitration or other proceeding, the complaining party must send the other a written notice describing the dispute and the relief sought — to [email protected] if sent to us, or to your account email if sent to you. The parties will attempt in good faith to resolve the dispute for thirty (30) days from that notice. This step is a condition precedent to commencing arbitration.

16.2 Binding arbitration. If the dispute is not resolved, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be finally resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Consumer Arbitration Rules. The Federal Arbitration Act governs this Section. The seat is Delaware, USA, and the language is English. The arbitrator may award only the relief available in an individual action and may not consolidate claims.

16.3 CLASS ACTION WAIVER. YOU AND PERSONACART AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not preside over any form of class or representative proceeding. If this Section 16.3 is found unenforceable as to a particular claim or request for relief, then that claim or request for relief — and only that one — will be severed and brought in a court of competent jurisdiction, and the remainder will proceed in arbitration.

16.4 JURY TRIAL WAIVER. TO THE EXTENT ANY CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND PERSONACART EACH KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO TRIAL BY JURY.

16.5 Coordinated filings. If 25 or more claimants submit demands for arbitration raising substantially similar claims and are represented by the same or coordinated counsel, the demands will be administered in sequential batches of no more than 50, with a single arbitrator per batch, and the limitations period for unfiled demands will be tolled while batching proceeds. The parties will cooperate with the AAA to implement this efficiently.

16.6 Exceptions. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to protect intellectual property rights or to prevent unauthorized access to or misuse of the Platform.

16.7 Your right to opt out. You may opt out of this arbitration agreement and the class action waiver by emailing [email protected] with the subject line "Arbitration Opt-Out" and including your name and account email, within thirty (30) days of the date you first accept these Terms. Opting out affects only Sections 16.2 through 16.5; the rest of these Terms continues to apply, and opting out will not affect your account or your relationship with us in any way.

16.8 Time limit. To the extent permitted by law, any claim arising out of or relating to these Terms or the Platform must be brought within one (1) year after it accrues, or it is permanently barred.

16.9 Changes. If we materially change this Section 16, the change will not apply to any dispute for which we had actual notice before the change took effect, and you may reject the change by the method in Section 16.7 within 30 days of notice.

17. Governing Law and Venue

These Terms and any dispute arising out of them are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods. Subject to Section 16, the state and federal courts located in Delaware have exclusive jurisdiction, and you consent to their personal jurisdiction and waive any objection to venue or forum non conveniens.

Nothing in this Section deprives a consumer of the protection of mandatory provisions of the law of their country of habitual residence where those provisions cannot be derogated from by agreement.

18. Changes to These Terms

We may modify these Terms at any time. For material changes, we will give at least thirty (30) days' notice by email to your account address or by conspicuous notice in the Platform before they take effect, and we will update the "Last Updated" date above. Non-material changes take effect when posted.

Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms. If you do not accept them, you must stop using the Platform and cancel your Subscription before the effective date; that is your sole remedy. Where required by law, we will obtain your affirmative consent instead.

19. General

  • Entire agreement. These Terms and the documents incorporated into them are the entire agreement between us on their subject matter and supersede all prior discussions, representations, and understandings.
  • Severability. If any provision is held unenforceable, it will be limited or severed to the minimum extent necessary and the remaining provisions will remain in full force.
  • No waiver. Our failure to enforce any provision is not a waiver of it or of any other provision.
  • Assignment. You may not assign or transfer these Terms without our prior written consent; any attempt to do so is void. We may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
  • Independent parties. Nothing creates a partnership, joint venture, agency, franchise, or employment relationship between us. Neither party may bind the other.
  • Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, epidemics, governmental action, internet or utility failures, or failures of third-party providers.
  • Notices. We may give notice by email to your account address, by posting in the Platform, or by any other reasonable means, and such notice is effective when sent or posted. It is your responsibility to keep your account email current. Legal notices to us must go to [email protected] and to our registered address.
  • Export and sanctions. You represent that you are not located in, and are not a national of or controlled by any party in, a country or territory subject to comprehensive sanctions, and that you are not on any restricted-party list. You will comply with all applicable export control and sanctions laws.
  • US government users. The Platform is "commercial computer software" and is provided with only the rights granted in these Terms.
  • Language. These Terms may be made available in other languages for convenience. In the event of any conflict or inconsistency, the English version controls.
  • Headings. Headings are for convenience only and do not affect interpretation.

20. Contact

PersonaCart LLC
General support: [email protected]
Legal notices: [email protected]
Privacy: [email protected]
Copyright / DMCA: [email protected] — see our Copyright & DMCA Policy