The general terms that govern access to and use of the PESONA platform.
General platform terms. Specific Talent, Client, Usage Brief and Privacy documents govern their respective subject matter as stated below.
PESONA is a consent-first marketplace and technology platform operated by Fresh Day Production Co., Ltd. ("PESONA", "we", "us" or "our"). PESONA enables eligible Contributors to make their Likeness available for authorised licensing and enables eligible Clients to access marketplace, generation, licensing and campaign-management functions subject to the applicable PESONA agreements.
These Terms of Service ("Terms") govern general access to and use of the PESONA website, applications, marketplace, accounts, APIs and platform services. They do not by themselves grant any Client a licence to use a Contributor, Persona, Composite Persona, Source Material, Biometric Data or Output, and they do not replace the PESONA Talent Agreement, Client License Agreement, Usage Brief or Privacy Policy.
Capitalised terms not defined in these Terms have the meanings given in the applicable Talent Agreement, Client License Agreement, Usage Brief or Privacy Policy. "Contributor" means an individual who has entered into the applicable PESONA Talent Agreement. "Client" means an organisation that has entered into the applicable PESONA Client License Agreement. "User" means any Contributor, Client user, authorised agency user, representative or other person permitted to access PESONA.
"Applicable Law" means any law, regulation, regulatory requirement, advertising code or legally binding rule applicable to PESONA, a User, a Contributor, a Client, an Output, a campaign, data processing activity or territory of use.
“Evaluation Preview” and “Role” have the meanings given in the applicable Talent Agreement, Client License Agreement and Usage Brief.
“Authorised Final Output” and “Licensed Deliverables” have the meanings given in the applicable Talent Agreement, Client License Agreement and Usage Brief.
For Contributor-specific licensing, consent, Likeness, Source Material, payment and withdrawal matters, the applicable Talent Agreement governs over these Terms. For Client-specific licensing, campaign obligations, fees, remedies, liability allocation and enforcement, the applicable Client License Agreement governs over these Terms. A valid Usage Brief governs transaction-specific commercial scope only to the extent the Client License Agreement permits those terms to vary. The Privacy Policy governs PESONA privacy notices and personal-data handling, and a signed DPA governs the data-processing matters it expressly covers.
If these Terms conflict with a specific applicable agreement, the specific agreement prevails for that subject matter. Nothing in platform access, account status, a preview, a Comp Card, a marketplace listing, a render, payment of a subscription fee or other general PESONA service creates an implied commercial licence. Commercial licence rights arise only as provided in an activated Usage Brief and the applicable Client License Agreement.
A current Contributor account is available only to a natural person who is at least 18 years old, is legally capable of entering into the Talent Agreement, can complete required identity verification and has the rights necessary to make the relevant Likeness available under that agreement. No parent or guardian may create or operate the current PESONA Contributor programme account for a person under 18.
A Client account is available only to a legally existing organisation or other business entity accepted by PESONA, acting through an authorised representative who has authority to bind that Client to the applicable Client License Agreement and these Terms. PESONA may require organisational, authority, billing, identity, sanctions, fraud or compliance verification and may impose additional eligibility requirements for regulated markets or higher-risk features.
Eligibility or verification status does not constitute a representation by PESONA to another User that the verified person or organisation is creditworthy, suitable for a particular transaction or free of legal, regulatory or reputational risk. Each User remains responsible for the diligence and decisions allocated to that User under the applicable specific agreement.
You must provide accurate, complete and materially non-misleading information and keep material account information current. A person accepting these Terms or another PESONA agreement for an organisation represents that the person has authority to bind that organisation and must promptly notify PESONA if that authority ends or materially changes.
You are responsible for maintaining the confidentiality and security of credentials and for activity conducted through authorised users of your account or organisation. You must not sell, rent or transfer account credentials or permit unauthorised access. You must promptly notify PESONA of suspected compromise, fraud or unauthorised activity. PESONA may require re-verification or suspend access where reasonably necessary for security, compliance or fraud prevention.
PESONA may rely on account instructions that reasonably appear to originate from an authorised account until PESONA has actual notice of compromise or loss of authority, but nothing in this sentence limits obligations imposed on PESONA by Applicable Law.
You must keep material legal-identity, ownership, billing, tax, sanctions and compliance information current where relevant to your account or transaction.
A Contributor account and every licensing authorization are governed by the Talent Agreement, the current Authorization Record and, for Biometric Data processing where consent is required, the separate PESONA Biometric Consent. Character Sheets, Composite Personas and Evaluation Previews form part of the core contractual authorization and do not use separate commercial switches. They may be processed only while every required Biometric Consent and safety control remains valid. Exclusivity and optional Product permissions remain off unless affirmatively enabled. No default, pre-ticked field, silence or inactivity grants an optional permission. Withdrawal and setting changes operate under the Talent Agreement and do not retrospectively invalidate a valid Activated Licence.
Client access to marketplace and licensing functions is subject to the applicable Client License Agreement. The Client is responsible for its authorised users, Named Campaign Parties and Operational Service Providers to the extent provided in that agreement and the applicable Usage Brief.
Client Materials, campaign information, claims, prompts, instructions and data supplied or directed by a Client remain subject to the Client's representations, compliance obligations and risk allocation under the Client License Agreement. PESONA approval, validation or technical processing does not constitute legal, regulatory, advertising or product-claim approval.
PESONA may permit agencies, recruiters, representatives or other intermediaries to access limited platform functions where separately approved. Such access does not make the intermediary the owner of a Contributor relationship, a Contributor Likeness or a Client licence unless a separate written agreement expressly provides otherwise.
Any agency commission, recruitment arrangement, roster access, data-protection role or post-termination commission right must be governed by a separate applicable agreement or written programme terms. An agency commission does not reduce a Contributor's contractual revenue share unless the affected Contributor has expressly accepted a different arrangement where required.
Where PESONA offers a paid Client subscription or other recurring platform-access plan, the applicable price, billing cycle, tax treatment, renewal terms, cancellation method, trial or promotional period, price-change notice and other material commercial terms will be disclosed through the Client License Agreement, checkout, order page or other applicable transaction record. These Terms do not establish a fixed subscription price.
Failure to pay a subscription or platform-access fee may result in suspension or restriction of account or platform functions as permitted by the Client License Agreement. Unless the applicable licence terms expressly provide otherwise, suspension of platform access does not automatically terminate an already Activated Usage Brief or extinguish rights in Outputs already validly licensed and paid for.
PESONA may offer Generation Credits on the commercial terms disclosed at checkout, in-product or in an applicable credit notice. The price, pack size, promotional allocation, eligible functions, expiry (if any) and other variable commercial details may change prospectively and are not fixed by these Terms.
Credits are non-transferable and have no cash value unless Applicable Law requires otherwise. Spent credits are ordinarily non-refundable because the associated digital generation/service has been consumed, except where Applicable Law or the applicable transaction terms require a refund. A refund or chargeback of a credit purchase may result in reversal, hold or reconciliation of unspent or improperly retained credits; PESONA will not seek double recovery.
On account closure or suspension, unused purchased credits will be handled as disclosed at purchase and as required by Applicable Law. Promotional or free credits may expire, be withdrawn or be subject to different conditions if clearly disclosed when granted. Credits do not create a licence to use any Contributor or Output.
Each commercial Persona or Composite Persona licence must be documented through a valid Usage Brief as required by the Client License Agreement. A Usage Brief may identify Campaign or Standing Licence type, Persona type, campaign purpose, media, territory, duration, category, fees, exclusivity, special conditions and other transaction-specific terms.
Commercial licence rights commence only when the activation conditions stated in the Client License Agreement and Usage Brief are satisfied, including PESONA validation against applicable Consent Preferences and any required payment or approved credit condition. Previews, draft generations, shortlists and non-Activated records are not commercial licences.
PESONA may retain Agreement Versions, Consent Preference Versions, Consent Record IDs, Usage Brief versions, rendered snapshots or hashes, acceptance and validation timestamps, License IDs and related audit evidence in accordance with the applicable agreements and Privacy Policy.
Where a Usage Brief uses a derived Role, that Role is a material licence limitation and pricing element. The Client’s factual Role Signals, the derived Role and any approved การอัปเกรด/การปรับยอด (upgrade/true-up) may form part of the auditable transaction record. Media/output scope may be stated per Persona or per Role where permissions differ.
A Client may receive and use a Authorised Final Output only where it is expressly identified in a Usage Brief, the Contributor’s affirmative permission and Consent Preferences have been validated, applicable payment or approved credit conditions have been satisfied, and the Usage Brief is Activated. The licence is limited to the stated scope. Delivery does not grant access to raw Source Material, unnecessary metadata or Biometric Data.
You must use PESONA only for lawful and authorised purposes. You must not:
circumvent, disable or interfere with consent, identity/KYC, payment, licence, watermarking, audit, security or usage-control systems;
use bots, scrapers, automated harvesting or other means to extract, replicate, index or build a dataset from marketplace content except through an expressly authorised API or written arrangement;
access another account without authority, probe or reverse engineer platform security or non-public technical systems, introduce malware, disrupt infrastructure or attempt to obtain non-public data;
misrepresent identity, authority, affiliation, campaign facts, brand, product, intended use, territory or other material information;
provide, upload or direct PESONA to process material unless you have the rights, authority and lawful basis required for that activity, subject to any more specific allocation in the Talent Agreement, Client License Agreement or DPA;
use any Persona, Composite Persona, Comp Card, Output or marketplace information outside the permission expressly granted by the applicable agreement or Usage Brief;
use PESONA to evade applicable sanctions, export controls, anti-bribery, anti-corruption, advertising, consumer-protection or other mandatory legal requirements;
use confidential information or a platform introduction to circumvent PESONA, avoid required licensing or fees, or solicit a Contributor outside PESONA, but only to the extent and for the period that such restriction is expressly imposed by the applicable Client License Agreement or another specific written agreement; or
encourage, assist or permit another person to do anything prohibited by these Terms or an applicable PESONA agreement.
Unless a separate written PESONA agreement, all required Contributor permissions and all required privacy lawful bases expressly authorise a specific activity, a User must not use any Persona, Composite Persona, Output, Comp Card, Source Material, marketplace content or data derived from them to train, fine-tune, evaluate, benchmark or otherwise develop an artificial-intelligence, machine-learning or generative model.
A User must not scrape, extract, infer, reverse engineer or attempt to obtain Biometric Data, facial geometry, face embeddings, voiceprints, latent representations, model weights, prompt seeds, source identities or other technical representations of a Contributor, and must not create or facilitate an unauthorised Digital Replica, clone, persistent avatar, face model, voice model, synthetic identity, dataset or system capable of reproducing a Contributor independently of a specifically licensed Output.
A Client may use a PESONA-authorised Composite Persona Output only within the applicable Usage Brief. The Client may not itself reconstruct, decompose, retrain, extract from or independently reproduce the Composite Persona or any source Contributor representation. Any future third-party AI-training, dataset, fine-tuning or independent Digital Replica product requires separate legal terms, transparent notice and any additional consent or lawful basis required by Applicable Law; these Terms and a standard Usage Brief do not supply that authority.
No User may use a Authorised Final Output, Character Sheet or other Licensed Deliverable for AI/model training, fine-tuning, evaluation or benchmarking, dataset creation, facial recognition, biometric extraction, reverse engineering, identity harvesting or creation or facilitation of a Digital Replica. Visual similarity to Source Material does not expand the licence or create any right in underlying data or technical representations.
PESONA maintains a category architecture consistent with the applicable Talent Agreement and Client License Agreement. Permanently prohibited uses cannot be enabled by a User, Consent Preference, Usage Brief or commercial arrangement. These include sexually explicit or exploitative content; political or electoral campaigning; weapons, firearms or military-conflict promotion; sexual exploitation of minors; deceptive or defamatory deepfakes; hate, discrimination or incitement to violence; and any use prohibited by Applicable Law.
Alcohol, gambling or betting, tobacco or vaping and other legally regulated categories identified by PESONA are Restricted Categories, not automatically permitted categories. They are disabled by default and may be enabled only where the affected Contributor has provided the specific affirmative permission required by the applicable Talent Agreement and the proposed use is lawful in the relevant territory. Contributor permission does not obligate PESONA to enable or accept a Restricted Category, and Client responsibility for campaign legality remains governed by the Client License Agreement.
PESONA may reject, suspend, geoblock, limit or require modification of any transaction, feature or use that presents legal, sanctions, regulatory, safety, reputational, privacy, vendor or consent risk, even where a User has requested it or a Contributor has opted in, provided PESONA does not thereby expand or retrospectively alter an Activated licence except as permitted by the applicable agreement or Applicable Law.
Marketplace access may expose limited Contributor profile, eligibility, availability, pricing or permitted-category information. Such access is for legitimate platform, casting, selection, evaluation and licensing purposes only and does not grant a right to identify, contact, profile, scrape or commercially exploit a Contributor outside the PESONA process.
A Comp Card may be displayed, provided, downloaded or shared only to the extent authorised by the Contributor and permitted by PESONA for bona fide casting, selection, marketplace or licence-evaluation purposes. A Comp Card is not a commercial campaign licence. A User must not use a Comp Card for advertising, AI training, dataset creation, identity harvesting, unrelated profiling or public distribution unless separately authorised.
Confidential Client, Contributor and campaign information must be handled in accordance with applicable NDAs, agreements and access restrictions. A recipient must use such information only for the authorised PESONA purpose and protect it with reasonable confidentiality and security safeguards. PESONA may apply watermarking, expiry, access controls or audit logging to protect off-platform materials, but the absence of a technical control does not expand the recipient's permitted use.
Where disclosure is legally compelled, the recipient may disclose only what is legally required and, where permitted by law, must give PESONA reasonable prior notice.
An authorised Character Sheet may be displayed, provided, downloaded or shared only for legitimate PESONA marketplace, casting, selection, creative-evaluation, licence-solicitation or licence-evaluation purposes and only to the extent authorised by the Contributor and PESONA. A Character Sheet is not a commercial campaign licence. A User must not use it for advertising, publication, public distribution, resale, sublicensing, AI or model training, dataset creation, identity harvesting, unrelated profiling, reverse engineering, extraction of face or biometric data, or creation of a Digital Replica. Commercial use requires a valid Usage Brief and Activation.
After Activation, PESONA may deliver a Authorised Final Output and an accompanying Character Sheet as recorded in the Usage Brief. The image may be used commercially only within the Usage Brief. The Character Sheet remains reference-only unless expressly designated as a commercial Licensed Deliverable. Neither file may be resold, sublicensed independently, publicly distributed outside licensed use, used for AI training or stripped of PESONA protections.
Each Contributor retains the underlying rights in that Contributor's Likeness as provided in the Talent Agreement. PESONA does not acquire ownership of a Contributor's face, identity or Biometric Data merely because the Contributor uses the platform. Rights concerning Source Material, Composite Persona technical arrangement and Outputs are governed by the applicable agreements and Applicable Law.
PESONA and its licensors retain all rights in platform software, code, design, databases, workflow, user-interface elements, trademarks, logos, documentation, technical systems and other PESONA intellectual property. Except for rights expressly granted in an applicable agreement, no User receives ownership or an implied licence to PESONA intellectual property.
Client ownership or licence rights in Client Materials remain subject to the Client License Agreement. No general platform term transfers Contributor rights to a Client or Client Materials to PESONA beyond what is necessary to provide the authorised services.
Contributor payments, Contributor Licence Fee calculations, PESONA marketplace revenue share and any applicable allocation for Composite Persona transactions are governed by the Talent Agreement and relevant Usage Brief. These Terms do not create a 75% principal-role rate or any other payout rate different from the applicable Talent Agreement.
Client licence fees, processing/service/platform fees, subscription charges, taxes, payment timing, credit terms, refunds, cancellations, chargebacks and failed-payment consequences are governed by the Client License Agreement, the applicable Usage Brief and transaction disclosures. PESONA may use third-party payment or payout providers.
Unless expressly stated in an applicable agreement or required by Applicable Law, payment of a fee does not create broader rights than the corresponding licence or service. PESONA will not be entitled to double recovery of the same underlying loss, while preserving any distinct rights and remedies lawfully available under the applicable agreements.
Where actual planned use grows beyond the licensed Role, the commercial upgrade and true-up process is governed by the Client License Agreement and applicable Usage Brief. A PESONA-funded discount or incentive does not reduce Contributor earnings unless the affected Contributor expressly agrees otherwise.
Each licence is limited to the scope, term and parties stated in the applicable Usage Brief and Client License Agreement. Exclusivity exists only where expressly granted and validated within the applicable Contributor permissions and must be limited to the stated category or competitor scope, territory and period.
A Standing Licence may be issued only for a term affirmatively authorised by every affected Contributor and identified in the Usage Brief. An account closure, subscription suspension or later change of general platform Terms does not automatically amend, shorten or extend an already Activated licence.
At licence expiry or earlier termination, Client obligations concerning cessation of commercial use, takedown, archival or compliance copies and surviving restrictions are governed by the Client License Agreement and Usage Brief. These Terms do not impose a separate fixed 48-hour takedown period unless the applicable licence expressly does so.
At expiry or termination, commercial use of Licensed Deliverables must cease and operational copies must be deleted, subject only to secure archival or compliance retention permitted by the applicable agreement, Usage Brief or law. Restrictions concerning AI, biometrics, Digital Replicas, confidentiality, audit and watermarking survive.
PESONA may investigate suspected misuse and may restrict, suspend or terminate platform access, a feature, transaction or generation function where reasonably necessary for security, fraud prevention, non-payment, legal or regulatory compliance, protection of Contributors or Clients, breach investigation, prohibited use, infringement, sanctions risk, repeated misuse or material breach of these Terms or another applicable PESONA agreement.
Where reasonably practicable and appropriate, PESONA may provide notice and an opportunity to cure a remediable breach, but PESONA may act immediately where delay could reasonably increase legal, security, privacy, financial, safety, reputational or Contributor harm.
Remedies, contractual damages, indemnities, suspension or revocation of licences, Contributor compensation and other transaction-specific enforcement consequences are governed by the applicable Talent Agreement, Client License Agreement and Usage Brief. These Terms do not create an automatic five-times licence-fee penalty or automatic 70/30 penalty distribution unless an applicable specific agreement expressly provides such a remedy.
PESONA may preserve audit, security, consent, licence, transaction and dispute evidence as permitted by Applicable Law and the Privacy Policy. Suspension or termination of platform access does not automatically invalidate previously created rights or obligations except as provided in the applicable agreement or required by law.
For role-based licences, a promptly disclosed and remediable increase in prominence may be handled as an การอัปเกรด/การปรับยอด (upgrade/true-up) rather than automatic revocation as provided in the Client License Agreement. This does not protect deliberate misclassification, concealment, prohibited use, repeated excess use or continued excess use after notice.
PESONA is provided on an "as available" basis. PESONA does not guarantee uninterrupted, error-free or continuously available access and may conduct maintenance, security work, upgrades or service changes. PESONA may modify, suspend or discontinue a feature where reasonably necessary for product, security, vendor, legal, regulatory or operational reasons.
Where a feature change materially affects an existing paid service or active licence, the consequences are governed by the applicable Client License Agreement, Talent Agreement or Usage Brief. PESONA may suspend or redesign a feature where continued operation would be unlawful, unsafe or incompatible with required consent, privacy or vendor protections.
Nothing in these Terms requires PESONA to continue offering a particular AI provider, model, workflow, marketplace feature, subscription tier or jurisdiction indefinitely.
To the extent a delay or failure concerns obligations governed solely by these Terms, neither PESONA nor a User is liable for delay or failure caused by circumstances beyond that party's reasonable control. Force majeure does not excuse payment obligations already due or confidentiality, data-protection, security, cessation-of-use or evidence-preservation obligations that remain reasonably capable of performance. Where a specific agreement contains a force-majeure provision, that provision governs the relevant obligation.
PESONA processes personal data in accordance with the PESONA Privacy Policy and Applicable Law. The Privacy Policy explains data categories, purposes, legal bases, Biometric Data controls, Composite Persona processing, service providers, international transfers, retention, deletion, data-subject rights, security and governance.
These Terms do not constitute consent to Biometric Data processing where separate consent is required, do not create a privacy lawful basis that does not otherwise exist, do not expand any Contributor Consent Preference, and do not authorise a Client to receive Contributor Source Material or Biometric Data. Where a signed DPA applies, it governs the data-processing matters it expressly covers.
Users must not provide personal data to PESONA without appropriate authority, notice and legal basis where required. Client responsibility for third-party personal data contained in Client Materials remains subject to the Client License Agreement and any applicable DPA.
If a privacy right, withdrawal of consent or change in Applicable Law removes a lawful basis needed for future processing or generation, PESONA may suspend the affected processing or generation while preserving rights in previously valid Outputs only to the extent permitted by the applicable agreements and Applicable Law.
Personal data generated through Evaluation Previews, Role Signals, derived-role records, generation-credit transactions and Composite similarity or identifiability screening is handled under the Privacy Policy and applicable retention schedule.
These Terms do not authorise a Client to receive raw Contributor Source Material or Biometric Data. However, where the applicable Talent Agreement, Client License Agreement, recorded affirmative permission and Activated Usage Brief expressly permit it, PESONA may deliver a Authorised Final Output. That delivery is a limited authorised disclosure and is not delivery of raw Source Material.
PESONA may depend on third-party hosting, database, identity/KYC, payment, cybersecurity, communications, analytics, AI-processing and other service providers. Their processing of personal data is addressed in the Privacy Policy and applicable processing agreements.
PESONA is not responsible for third-party websites or services that a User independently accesses outside PESONA. A third-party service integrated into PESONA may have separate terms applicable to the User, but those terms do not expand a Client licence to Contributor content, create Contributor consent, or override PESONA consent, privacy or AI restrictions.
PESONA may change providers or integrations subject to its contractual, security, privacy and legal obligations. The use of a provider name, integration or verification status does not constitute an endorsement or guarantee by PESONA of that provider beyond the service PESONA has chosen to use.
To the maximum extent permitted by Applicable Law, PESONA does not warrant that the platform, AI-generated content, marketplace availability, third-party services, identity-verification results or technical outputs will be uninterrupted, error-free, suitable for every purpose, factually accurate in every respect or free of all third-party or regulatory risk. Users remain responsible for decisions and obligations allocated to them under the applicable specific agreements.
All monetary caps on PESONA liability under the PESONA Contract Suite are governed by the single US$50,000 cap in Clause 34, subject to the exclusions stated there and any liability that cannot lawfully be limited.
For avoidance of doubt, these Terms do not create any separate, minimum or alternative monetary liability cap.
To the maximum extent permitted by Applicable Law, PESONA is not liable under these Terms for indirect, incidental, special, consequential, exemplary or punitive damages, or loss of revenue, profits, opportunity, goodwill or data, except to the extent such exclusion is prohibited by law. Nothing excludes or limits liability for fraud, wilful misconduct, gross negligence or any other liability that cannot lawfully be excluded or limited.
Any Contributor indemnity relating to Source Material, Contributor representations or Contributor conduct is governed by the Talent Agreement. Any Client indemnity relating to Client Materials, campaign legality, unauthorised use, third-party claims or licence misuse is governed by the Client License Agreement.
In addition, to the extent permitted by Applicable Law, a User will indemnify PESONA and its affiliates, officers, directors, employees and agents against third-party claims, losses, liabilities, regulatory costs and reasonable legal expenses arising directly from the User's material breach of these Terms, unauthorised access or security misconduct, infringement caused by content the User independently supplies outside the risk allocation of a specific agreement, violation of Applicable Law, or unlawful platform misuse, except to the extent caused by PESONA's own fraud, wilful misconduct, gross negligence or other liability that cannot lawfully be excluded.
PESONA will give reasonable notice of an indemnified claim where practicable. PESONA may reasonably participate in or, where its interests or reputation are materially affected, assume control of the defence at the indemnifying User's reasonable cost. If PESONA assumes control, it will conduct the defence reasonably and will not settle a claim in a manner that imposes a direct monetary payment obligation on the indemnifying User beyond covered defence or indemnity costs without that User's prior written consent, which must not be unreasonably withheld or delayed. The User must not settle a claim in a way that admits wrongdoing by, imposes non-monetary obligations on, or restricts the rights of PESONA or an affected Contributor or Client without the relevant party's prior written consent.
These Terms will not be interpreted to duplicate recovery for the same underlying loss where a specific agreement already provides the applicable indemnity.
These Terms are governed by the laws of Thailand, without regard to conflict-of-law principles, subject to any mandatory law that applies and cannot lawfully be excluded.
Before commencing arbitration, the parties to a dispute between a User and PESONA relating principally to these Terms shall first attempt in good faith to resolve the dispute through negotiation for 30 days after one party receives written notice of the dispute from the other, unless urgent interim relief is reasonably required. If unresolved, the dispute shall be finally resolved by arbitration administered by the Thailand Arbitration Center (THAC) in accordance with the THAC Arbitration Rules in force when the arbitration is commenced. The seat will be Bangkok, Thailand; the tribunal will consist of one arbitrator; and the language will be English. Hearings may be conducted electronically or remotely to the extent permitted by the applicable rules.
Where a specific Talent Agreement, Client License Agreement or other signed agreement contains a dispute clause governing the particular dispute, that specific clause governs. Nothing in these Terms prevents a party from seeking urgent interim, injunctive or conservatory relief from a competent court where permitted. These Terms do not impose a separate class-action waiver beyond what is enforceable under Applicable Law or separately agreed in an applicable specific agreement.
PESONA may update these Terms for legal, security, technical or operational reasons. Material changes require notice and, where they affect contractual rights, re-acceptance. The system records the accepted Terms Version, identity, timestamp, IP address and device record. Terms Version: 3.2.
Operator: Fresh Day Production Co., Ltd. (Head Office), 2 Soi Nonthaburi 52, Tha Sai Subdistrict, Mueang Nonthaburi District, Nonthaburi 11000, Thailand, Tax ID 0-1255-67021-436. Privacy: privacy@pesona.ai. Legal notices: legal@pesona.ai. Effective Date: 2 October 2026 at 00:00 ICT.
These Terms provide the general platform rules. Product-specific conditions are contained in the PESONA Product Schedule; transaction-specific scope is recorded in an Activated Usage Brief; Partner, Research and processor relationships are governed by their respective agreements; and a Licence Certificate is evidence only. Nothing in those documents expands Contributor Consent Preferences or overrides the Talent Agreement, permanent prohibitions, data-protection duties or mandatory law.
A Contributor signs the Talent Agreement once and separately configures Consent Preferences. No further Contributor approval is required for an Instant Licence within the effective Standing Authorization. A Client signs the Client Master License Agreement once but must electronically accept each complete Usage Brief before Activation. Any request outside scope, involving a disabled permission, a restricted category or a specially controlled Product follows the Controlled Licence path and cannot be activated until all required permission and review are recorded.
PESONA shall operate proportionate rules and controls to compare each Usage Brief against the current Authorization Record, Product Schedule and account status. PESONA may reject, pause, suspend, correct or revoke a Licence where validation, authority, payment, security or record integrity fails, subject to mandatory law and accrued rights. PESONA is responsible for its own issuance outside recorded authority and for its fraud, wilful misconduct or gross negligence. The Client remains responsible for its instructions, campaign, recipients and use; the Contributor remains responsible for the accuracy and authority of submitted materials and declarations.
These Terms apply to the PESONA iOS and Android applications. Account creation, agreement acceptance and transaction acceptance may occur in-app and must be evidenced by the user/account identifier, text and version presented, affirmative act and timestamp. Device permissions, federated sign-in, notifications and in-app account deletion are governed by the Privacy and Data Policy and applicable store rules.
Module B Module B Closed - No Source Material Delivery, AI Training/LoRA and reusable Digital Replica products are closed and unavailable. Contributor Voice is dormant. External Face and Restricted Instant remain unavailable until separately launched. PESONA does not deliver original or near-original Contributor uploads to a Client. Evaluation Preview is a core marketplace feature, not a separate Product consent class.
Commercial setting changes take effect after 48 hours and may be made at most once in any seven-day period. The previous settings remain effective during the 48-hour period for marketplace display, project addition and payment. Pausing availability, withdrawing Biometric Consent and requesting account deletion may be initiated at any time, do not count toward the weekly limit and remove the Persona from new marketplace matching immediately. Paid and Activated Licences keep their recorded terms.
To the maximum extent permitted by law, PESONA’s aggregate liability for ordinary contractual and economic loss arising from an affected Licence or Order will not exceed US$50,000. The cap does not apply to fraud, wilful misconduct, gross negligence, non-excludable death, personal injury or harm to health, unlawful Personal Data or Biometric Data processing to the extent not lawfully limitable, PESONA issuing a Licence outside the effective Authorization Record because of its breach or serious fault, infringement or misuse of a Contributor’s identity or Likeness caused by PESONA acting outside recorded authority, regulatory fines or liability that cannot lawfully be limited.
Version 3.3 takes effect on 2 October 2026 at 00:00 ICT. Existing users must receive notice. A Contributor must re-accept the Talent Agreement and separately give any required Biometric Consent before new matching or Activation; a Client must re-accept the Client Master Licence Agreement before a new Usage Brief. Terms require acceptance; the Privacy Policy requires recorded acknowledgement. Existing Activated Licences keep their accepted terms.
Story and genre permissions must not arise solely from a pre-selected setting. The Story switch and genres must be selected or affirmatively confirmed by the Contributor, with the text and timestamp recorded. Story distribution may continue for the life of a released named production, while Story exclusivity ends at the earlier of 12 months after first release and 18 months after purchase. Sensitive-content permissions are separate, granular and withdrawable for future projects.