PESONA is a consent-first marketplace that enables individuals ("Pesonas") to license their likeness for use in AI-generated commercial content, and enables businesses ("Clients") to access and license those likenesses for declared commercial purposes.
PESONA operates the platform, issues licenses, processes payments, and maintains the consent and audit infrastructure. PESONA is not a talent agency, casting house, or employer. The relationship between Pesonas and Clients is governed by the individual usage briefs and agreements executed through the platform.
All accounts — both Pesona and Client — require identity or organisational verification before activation. You agree to provide accurate, complete, and current information during registration and to keep that information updated.
PESONA uses third-party KYC providers to verify Pesona identity. By submitting your identity documents, you authorise PESONA and its KYC providers to process that information for verification purposes in accordance with our Privacy Policy.
You are responsible for maintaining the security of your account credentials. You must not share your account with any other person or organisation. You are liable for all activity that occurs under your account.
PESONA reserves the right to suspend or terminate accounts where verification cannot be completed, where false information has been provided, or where eligibility requirements are not met.
By uploading photos, video, or other content to PESONA, you represent and warrant that:
By uploading content and activating your Pesona account, you grant PESONA a non-exclusive, worldwide, royalty-free licence to:
This licence does not permit PESONA to use your likeness outside the scope of your consent settings, to sell your personal data to third parties, or to use your content for PESONA's own advertising without your explicit additional consent.
Your consent preferences — categories, markets, duration limits, and base rate — are set by you and can be updated at any time. Changes to consent preferences apply to new licenses only. Existing active licenses continue under the terms agreed at issuance.
You may withdraw from PESONA at any time by submitting a withdrawal request. Upon withdrawal: your profile is removed from the marketplace immediately; no new licenses may be issued against your likeness; active licenses run to their natural expiry; and following expiry of all active licenses, your personal data and content are permanently deleted in accordance with our Privacy Policy and the data retention schedule set out therein.
Client access to the PESONA marketplace requires payment of a monthly subscription fee of USD $9.99. This fee provides access to the platform — brief creation, marketplace browsing (brief-filtered), shortlisting, licensing, and campaign management tools. All team seats are included in this flat fee.
The subscription fee is not a license fee. Licenses are charged separately per usage brief on execution.
Before accessing the marketplace, Clients must sign the Client License Agreement. The Client License Agreement governs Client use of licensed likenesses and sets out usage restrictions, render obligations, watermark requirements, and breach penalties. These Terms of Service and the Client License Agreement are complementary and both apply to Clients.
Each campaign requires a signed usage brief declaring the brand, product, campaign description, category, media types, target markets, and duration. Usage briefs are legally binding on signature and cannot be amended after signing. Payment is charged on execution of the brief.
Clients must confirm all renders via the PESONA API or manual upload. All outputs must carry the PESONA steganographic watermark. Render logs must be maintained for a minimum of 3 years.
You agree not to:
Your likeness remains your own. PESONA does not claim ownership of your face, identity, or any biometric characteristics. The licenses granted through the platform are non-exclusive and scoped to the declared usage brief. You retain the right to license your likeness through other channels, subject to any exclusivity arrangements you have agreed to within the platform.
All platform software, design, text, graphics, user interface elements, and underlying technology are owned by PESONA or its licensors. Nothing in these terms grants you any right to use PESONA's trademarks, logos, or brand assets without prior written permission.
Portfolio samples generated using your likeness by the platform's AI tools are created solely for the purpose of showcasing your appearance to potential Clients. Ownership of these samples is shared between you and PESONA. They may not be extracted from the platform and used independently without PESONA's written consent.
| FEE TYPE | WHO PAYS | AMOUNT | WHEN |
|---|---|---|---|
| Platform subscription | Client | USD $9.99/month | Monthly, in advance |
| License fee | Client | Per usage brief, auto-calculated | On brief signature |
| Pesona payout | PESONA to Pesona | 70% of license fee (75% for principal roles) | Daily batch, on render confirmation |
| Breach penalty | Client (if applicable) | 5× applicable license fee | On confirmed breach |
Subscription fees are non-refundable. License fees are non-refundable once a usage brief is executed, except where a Pesona declines a license after signing an NDA, in which case a full refund is issued automatically. Where a breach penalty is charged and subsequently disputed, the amount is held in escrow pending resolution.
License fees are calculated in USD. Pesona payouts are processed in the Pesona's selected currency at the prevailing mid-market exchange rate at the time of disbursement.
Each license issued through PESONA is:
Each license is assigned a unique License ID that is embedded in all rendered outputs via steganographic watermark. This ID serves as the audit trail for all render tracking and payout triggering.
Any usage brief submitted in a prohibited category will be rejected. Any license found to have been used in connection with prohibited content will be immediately revoked, subject to the maximum breach penalty, and reported to relevant authorities.
PESONA operates continuous breach detection through watermark forensic analysis and marketplace crawling. In the event of a confirmed breach of these terms or any executed agreement:
PESONA may report confirmed breaches to relevant data protection authorities, advertising standards bodies, and regulatory agencies in the markets where the breach occurred.
PESONA provides the platform on an "as available" basis. We do not guarantee uninterrupted, error-free access. We may suspend or restrict access to the platform for maintenance, updates, or security reasons, and will endeavour to provide reasonable advance notice where practicable.
PESONA reserves the right to modify, discontinue, or withdraw any feature of the platform at any time. Where material changes affect existing licenses or agreements, PESONA will provide reasonable notice and, where applicable, a pro-rated refund of prepaid fees.
To the maximum extent permitted by applicable law, PESONA's total liability to you for any claim arising out of or in connection with these terms or the platform — whether in contract, tort, or otherwise — is limited to the greater of:
PESONA is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of data, loss of business opportunity, or reputational damage, even if PESONA has been advised of the possibility of such damages.
Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded by law.
You agree to indemnify, defend, and hold harmless PESONA, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with:
Disputes between Pesonas and Clients arising from a specific license or usage brief are handled through PESONA's internal dispute resolution process. PESONA will review all evidence and issue a binding determination within 7 business days. Either party may escalate to independent arbitration if they dispute PESONA's determination.
Disputes between a user and PESONA are subject to good-faith negotiation in the first instance. If not resolved within 30 days, either party may refer the matter to independent arbitration under the rules of a mutually agreed arbitration body.
You agree that any dispute resolution will be conducted on an individual basis and not as part of a class, collective, or representative action.
PESONA may update these Terms of Service from time to time. Where changes are material, we will notify you by email and by prominent notice on the platform at least 30 days before the changes take effect.
Your continued use of the platform after changes take effect constitutes acceptance of the revised terms. If you do not accept the revised terms, you must stop using the platform and may submit a withdrawal request.
Changes to terms do not affect the terms under which any executed usage brief was signed — existing licenses continue under the terms in effect at the time of execution.
These Terms of Service are governed by and construed in accordance with the laws of the jurisdiction in which PESONA is incorporated, without regard to conflict of law principles. The specific governing jurisdiction will be confirmed and updated in these terms upon PESONA's incorporation.
These terms are written in English. In the event of any conflict between the English version and any translated version, the English version prevails.
For questions about these terms, to exercise any rights under them, or to report a suspected breach: