Last Revised: February 7, 2014 (view archived versions)
You own your Data
Under the Owner Data Agreement, you will own all copies of your data, notes and files (collectively, “Data”) that you store and manage in Personal.
You control who gets access to your Data
We’re committed to being transparent with you about our business model, terms and management of your Data. You’ll always be able to see which Owners, organizations or apps you’ve shared your Data with through features at teamdata.com or on our native mobile apps.
Other registered users accept the Owner Data Agreement
Take your Data with you
At Personal, your Data is 100% portable. Export it, share it, use it on forms, or permanently delete it from Personal. Yes, at Personal, we’ve built in a delete button for your Data.
Welcome to Personal! This Owner Data Agreement (this “Agreement”) is a legally binding contract between the individual or organization (“you” or “Owner”) accepting this Agreement and Personal, Inc. (“Personal” or “we” or “us”). This Agreement applies to your use of all products, services, websites, mobile websites, native mobile applications, and co-branded products and services with our partners (collectively, the “Personal Service,” which includes your “Data Vault”) that are owned and operated by Personal.
Please read this Agreement carefully before accepting it and using the Personal Service. By clicking agree and using the Personal Service, you agree to be bound by this Agreement. If you accept on behalf of an organization, you’re legally binding the organization to this Agreement and represent that you have the authority to do so. If you don’t agree with these terms and conditions, you shouldn’t accept this Agreement, and you may not use the Personal Service.
If we make any change to this Agreement that in our sole discretion is material, we will notify you (for example, by email to the email address in your account or prominent notice in the Personal Service) that this Agreement has been modified. The new version will show the date it was modified. If you disagree with any change to the Agreement, you will be able to export your Data from the Personal Service and permanently delete it. Your continued use of the Personal Service 30 days after the update will constitute your acceptance of the revised Agreement.
If you are under 18 years old but over 13, we expect you to use the Personal Service only with the guidance, supervision and consent of a parent or guardian. No part of the Personal Service is directed at children under the age of 13, and, if you are under 13, you may not use the Personal Service under any circumstances.
PLEASE NOTE THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SEE SECTION 10).
The Personal Service empowers you to access, store, import, upload, add, securely share, and complete forms with your data, notes and files (collectively, your “Data”). Our free version allows you to receive and access Data from others and the new Data you created during your free trial. The subscription version allows you to add, edit or share Data, complete forms, and more, in addition to receiving and accessing Data. You can always choose to export and permanently delete your Data from any version of Personal.
You control your Data in your Data Vault, and you set permissions for sharing it through the Personal Service. Depending on how you share, you’ll have varying degrees of control over your Data with other Owners or third parties. Of course, you always retain control over the copy of Data in your Data Vault.
In each case, you may have an independent (and sometimes pre-existing) relationship and/or account information stored with a Partner, Personal Connect site or Apps (“Data Users”) by virtue of being a member, customer or user of the Data User. In some cases, a Data User may provide a copy of your information to you in your Data Vault, in which case that copy will become yours. Where you grant access to your Data to a Data User, you may stop access at any time. Data already shared or updated with a Data User may remain in its system and subject to its data, usage and privacy practices, which we don’t control, based on your independent relationship with the Data User. Upon stopping access to your Data, the Data User may retain the last copy you shared, but they will not have ongoing access to it in your Data Vault.
You will always be able to view which Owners, organizations or Apps you’ve shared your Data with through features in your Data Vault at teamdata.com or on our native mobile apps.
This Agreement will commence upon the date you accept it and shall continue in force and effect until its termination. You may terminate this Agreement at any time by ceasing to use the Personal Service, and canceling and permanently deleting your account. Before doing so, you may choose to export your Data.
You understand and agree that you are solely responsible for the payment of any and all local, state and/or federal taxes that may be imposed upon you as a result of the receipt by you of anything of value provided to you in connection with your use of the Personal Service.
You represent and warrant to Personal that any Data that you upload, store, use, permit access to or otherwise manage in the Personal Service does not violate any law or legal requirement, and does not infringe the privacy, intellectual property, or any other rights of any other person or entity. You agree to defend, indemnify and hold harmless Personal, and all other persons or entities using the Personal Service, from and against any loss or damages arising out of your breach of the foregoing warranty.
THE PERSONAL SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
PERSONAL DOES NOT WARRANT THAT THE PERSONAL SERVICE OR THE FUNCTION, CONTENT OR SERVICES MADE AVAILABLE THEREBY WILL BE TIMELY, SECURE, FREE FROM HACKING OR OTHER SECURITY INTRUSION, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. PERSONAL MAKES NO WARRANTY THAT THE PERSONAL SERVICE WILL MEET USERS’ EXPECTATIONS OR REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, OR MATERIALS WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE PERSONAL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE PERSONAL SERVICE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE PERSONAL SERVICE. USE OF THE PERSONAL SERVICE IS AT YOUR SOLE RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGES YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PERSONAL SERVICE. Because some states and jurisdictions do not allow limitations on implied warranties, some of the above limitations may not apply. In that event, such warranties are limited to the minimum warranty scope and period allowed by applicable law.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PERSONAL, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, CONTENT OR SERVICE PROVIDERS, OR SUCCESSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO (i) THE USE OF, OR THE INABILITY TO USE, THE PERSONAL SERVICE, MATERIALS AND FUNCTIONS RELATED THERETO, (ii) UNAUTHORIZED ACCESS TO OR LOSS, CORRUPTION, OR ALTERATION OF DATA, TRANSMISSIONS, OR CONTENT, (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE PERSONAL SERVICE, (iv) PERSONAL’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT OR CREDIT CARD INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM, (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF YOUR DATA OR ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION, (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE, OR (vii) ANY OTHER MATTER RELATING TO THE PERSONAL SERVICE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, ANTICIPATED PROFITS, GOODWILL, LOST BUSINESS, USE, DATA, SALES, COST OF SUBSTITUTE SERVICES, OR OTHER INTANGIBLE LOSSES, EVEN IF PERSONAL OR ITS REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION TO AND WITHOUT LIMITING THE FOREGOING, TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT THE TOTAL LIABILITY OF PERSONAL TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE PERSONAL SERVICE OR OTHERWISE ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PERSONAL SERVICE IN THE PRECEDING YEAR. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PERSONAL AND YOU. THEY SHALL APPLY REGARDLESS OF WHETHER A CAUSE OF ACTION MAY BE IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE), STATUTE, OR ANY OTHER LEGAL THEORY, EITHER ARISING FROM THIS AGREEMENT, OR YOUR USE OF OR INABILITY TO USE THE PERSONAL SERVICE. Some jurisdictions do not allow the limitation or exclusion of certain liabilities, so some of the above limitations may not apply to you.
Informal Dispute Resolution. It’s our goal that you have a great experience using Personal. If you have a problem or concern with the Personal Service, we want to learn about and address it.
You agree that you will notify Personal about any dispute regarding this Agreement or your use of the Personal Service by sending an email with the subject line “Notice of Dispute” to legal AT teamdata.com. Your Notice of Dispute must include your name, pertinent account information (such as the email address linked to your account) to identify yourself as an Owner, a brief description of your dispute, and contact information. You and we will attempt to resolve it through informal negotiation within 60 days from the receipt of your Notice of Dispute. If the dispute cannot be resolved within 60 days, either you or we may initiate formal proceedings according to this Agreement, and you may proceed to binding arbitration or small claims court as described below.
Binding Arbitration. If you decide that we haven’t satisfied your concern and that you must pursue alternative means to address it, you agree that any disputes and/or claims arising from this Agreement and/or the use of the Personal Service shall be resolved exclusively through binding arbitration, rather than a court (the “Arbitration Agreement”). In return, Personal agrees to arbitrate any claims or disputes that it may have against you arising from this Agreement and/or your use of the Personal Service using this same procedure. Any arbitration shall be subject to the Federal Arbitration Act, governed by the rules of the American Arbitration Association, and conducted before a single neutral arbitrator in Washington, D.C., unless you and we agree otherwise. The arbitration will be conducted in English. The arbitrator shall not be bound by rulings in prior arbitrations involving different Owners. Each party shall bear its own costs, including any attorneys’ fees, associated with such arbitration. Any award rendered in arbitration shall be final and binding, and may be enforced in any court having competent jurisdiction. In addition and without limiting the foregoing, you agree that Personal shall have the right to apply for injunctive remedies (or an equivalent type of urgent legal relief) outside of arbitration in any jurisdiction. Notwithstanding this provision, you may bring your claim in a small claims court of competent jurisdiction after attempting to resolve your dispute informally.
CLASS ACTION WAIVER. YOU AGREE TO WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION IN STATE OR FEDERAL COURT AND MAY ONLY USE INFORMAL DISPUTE RESOLUTION, BINDING ARBITRATION OR SMALL CLAIMS COURT TO RESOLVE YOUR DISPUTE ON AN INDIVIDUAL BASIS. In return, Personal waives its right to join or consolidate claims in arbitration by or against other Owners. If this class action waiver is found unenforceable, you and we agree that any class action, representative action, or private attorney general action will be prosecuted in a court of competent jurisdiction, rather than through mandatory arbitration, and the remainder of this Agreement and this Section 10 will continue to apply.
Regardless of any statute or law to the contrary, you agree that any claim or cause of action you may have with respect to the Personal Service must be filed within one year after the claim or cause of action arose or be forever barred.
If you have any questions about this Agreement, please contact us at support [at] teamdata [dot] com.
© Copyright 2014 by Personal, Inc. All rights reserved.