Terms of Service
These Terms of Service govern your access to and use of the WPPersona platform. By using WPPersona, you agree to these terms.
These Terms of Service ("Terms") constitute a legally binding agreement between your organization ("Customer") and WPPersona ("Company"). If you are entering into these Terms on behalf of a government agency, you represent that you have authority to bind that agency.
Acceptance of Terms
By accessing or using WPPersona, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the platform. Government agencies entering into a Master Service Agreement (MSA) are governed by the MSA terms where they conflict with these Terms.
Services
WPPersona provides a cloud-based government website content management system, PDF accessibility tools, and related services ("Services"). We reserve the right to modify, suspend, or discontinue any part of the Services with 30 days written notice, except in cases of security, legal compliance, or force majeure.
Accounts and Access
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use. Government agencies must designate at least one administrator who is responsible for managing user access within their organization.
Acceptable Use
You agree to use WPPersona only for lawful purposes and in accordance with these Terms. You may not: (a) use the platform to publish content that is unlawful, defamatory, or discriminatory; (b) attempt to circumvent platform security controls; (c) use automated tools to scrape, crawl, or extract data without written consent; (d) resell or sublicense platform access without authorization.
Customer Data
You retain all rights to the content and data you publish through WPPersona ("Customer Data"). You grant us a limited license to process Customer Data solely to provide the Services. We do not claim ownership of your content. You represent that you have the rights to publish all content you upload, including compliance with public records laws and accessibility requirements.
Accessibility Obligations
WPPersona provides tools and templates designed to support WCAG 2.1 AA compliance. However, the Customer is ultimately responsible for the accessibility of their published content, including uploaded documents, third-party embeds, and custom HTML. WPPersona is a tool, not a guarantee of legal compliance. We recommend regular audits and ongoing accessibility training.
Payment and Billing
Fees are charged in accordance with the pricing plan selected at time of subscription. Annual subscriptions are billed upfront. Government agencies may be invoiced under a Purchase Order. Fees are non-refundable except as required by law or as specified in your MSA. We will provide 60 days notice of any price changes.
Confidentiality
Each party agrees to maintain the confidentiality of the other's non-public information. WPPersona will maintain the confidentiality of your organization's configuration, user data, and published content. This obligation survives termination of these Terms for a period of three years.
Intellectual Property
WPPersona and all associated software, design, documentation, and trademarks are the intellectual property of the Company. These Terms do not grant you any ownership rights. Feedback you provide about the platform may be used by us to improve our services without compensation or attribution.
Warranty Disclaimer
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WPPERSONA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL WE BE LIABLE FOR INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.
Termination
Either party may terminate these Terms with 30 days written notice. We may terminate immediately if you materially breach these Terms and fail to cure the breach within 10 days of notice. Upon termination, you will have 90 days to export your data before it is permanently deleted.
Governing Law
These Terms are governed by the laws of the United States and the state in which your agency is located. Disputes shall be resolved through binding arbitration, except that either party may seek injunctive relief in a court of competent jurisdiction.
Changes to Terms
We may update these Terms from time to time. We will notify you of material changes via email at least 30 days before the changes take effect. Continued use of the platform after the effective date constitutes acceptance of the updated Terms.