PersonifyUX

Terms of Service

Effective Date: January 1, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of PersonifyUX (the "Service"), a software service operated by Lean Digital Agency LLC ("Lean Digital," "Company," "we," "us," or "our").

By accessing or using the Service, or by clicking to accept these Terms, you agree to be bound by these Terms. If you are using the Service on behalf of a company or other organization, you represent and warrant that you have authority to bind that entity to these Terms, and "you" and "your" refer to that entity.

If you do not agree to these Terms, do not access or use the Service.

2. Description of the Service

PersonifyUX is a software platform that helps customers evaluate digital experiences using automated and AI-assisted analysis, including synthetic usability testing, accessibility-related checks, and report generation based on submitted URLs, screenshots, configurations, and related inputs.

The Service is intended for business and internal evaluation use. The Service may generate reports, scores, summaries, recommendations, or similar output ("Output"). Output is automated, probabilistic, and may contain errors, omissions, false positives, or false negatives.

3. Eligibility and Accounts

You must be at least 18 years old to use the Service.

You are responsible for:

  • maintaining the confidentiality of your account credentials;
  • all activity occurring under your account; and
  • ensuring that your users access the Service only as authorized.

You must provide accurate and complete registration information and keep it current.

4. Customer Content and Required Rights

You may submit URLs, screenshots, configurations, prompts, text, files, account information, and other materials to the Service ("Customer Content").

You retain ownership of your Customer Content. You grant Lean Digital a non-exclusive, worldwide, limited license to host, copy, transmit, process, display, analyze, and otherwise use Customer Content solely as necessary to:

  • provide, secure, maintain, and support the Service;
  • generate Output and reports for you;
  • enforce these Terms; and
  • comply with applicable law.

You represent and warrant that:

  • you own or control all rights necessary to submit Customer Content to the Service;
  • you have authorization to test any website, application, or content you submit;
  • your use of the Service and your Customer Content do not violate any law, contract, privacy right, intellectual property right, or other third-party right.

5. Acceptable Use

You agree not to, and not to permit any third party to:

  • use the Service for unlawful, fraudulent, deceptive, or infringing purposes;
  • test, crawl, scan, or analyze websites, applications, or environments you do not own or lack authority to assess;
  • submit malicious code, harmful content, or material that interferes with the Service;
  • attempt to reverse engineer, decompile, disassemble, copy, benchmark, scrape, or extract source code, models, prompts, system architecture, or underlying algorithms from the Service, except to the extent such restriction is prohibited by law;
  • use the Service to build a competing product or service;
  • resell, sublicense, time-share, white-label, or otherwise provide the Service to third parties except as expressly authorized in writing by Lean Digital;
  • bypass or circumvent security or usage limits;
  • use the Service in a manner that could damage, disable, overburden, or impair the Service or related systems;
  • submit sensitive personal data, including protected health information, unless Lean Digital has expressly approved that use in writing.

6. AI and Automated Output Disclaimer

The Service uses automated systems and may use third-party AI or machine-learning services to help generate Output.

You acknowledge and agree that:

  • Output is provided for informational and internal business purposes only;
  • Output is not a substitute for live user testing, legal review, accessibility certification, security testing, clinical review, compliance review, or other professional judgment;
  • you are solely responsible for reviewing and validating Output before relying on it or acting on it.

The Service does not provide legal, medical, clinical, accessibility certification, or regulatory compliance advice.

7. Intellectual Property

The Service, including its software, interface, branding, documentation, templates, report formats, scoring methods, and all related technology, is owned by Lean Digital or its licensors and is protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms, Lean Digital reserves all rights in and to the Service.

Subject to your compliance with these Terms and payment of applicable fees, Lean Digital grants you a limited, non-exclusive, non-transferable, non-sublicensable right during your subscription term to access and use the Service for your internal business purposes.

Unless otherwise stated in an order form, you may use and share reports generated for your account internally within your organization and with your contractors, professional advisers, and service providers for your business purposes. You may not publicly distribute or commercialize such reports as a standalone product without Lean Digital's prior written consent.

8. Privacy

Your use of the Service is also subject to our Privacy Policy.

9. Fees, Billing, Auto-Renewal, and Cancellation

The Service may be offered on a monthly or annual subscription basis, as described on the applicable order form, checkout page, or pricing page.

Unless otherwise stated in writing:

  • subscription fees are billed in advance;
  • subscriptions automatically renew for successive terms equal to the initial term; and
  • you authorize Lean Digital and its payment processor to charge the applicable fees, taxes, and other amounts due using your selected payment method.

You may cancel your subscription before the next renewal date through your account settings or by contacting us at billing@personifyux.com. Cancellation will take effect at the end of the then-current paid subscription period unless otherwise stated in writing. Except where required by law, fees are non-refundable, and we do not provide refunds or credits for partial subscription periods.

We may change pricing at any time on a prospective basis by giving at least 30 days' advance notice. Continued use of the Service after the new pricing takes effect constitutes acceptance of the new pricing.

If payment is overdue, we may suspend or terminate your access to the Service.

10. Availability, Changes, and Suspension

We may update, improve, modify, or discontinue all or part of the Service at any time.

We may suspend or limit access to the Service immediately if we reasonably believe:

  • you violated these Terms;
  • your use poses a security risk to the Service or any third party;
  • suspension is necessary to prevent fraud, abuse, or legal liability;
  • required by law, court order, or government request;
  • a third-party service provider or infrastructure dependency fails or imposes restrictions affecting the Service.

We do not guarantee uninterrupted or error-free operation of the Service. Scheduled maintenance or emergency maintenance may affect availability.

11. Term and Termination

These Terms begin when you first access or use the Service and continue until terminated.

Either party may terminate a subscription at the end of the then-current term by providing notice of non-renewal before the renewal date.

We may terminate these Terms or your access to the Service immediately if you materially breach these Terms, fail to pay fees when due, or use the Service in a way that creates legal, regulatory, or security risk.

Upon termination:

  • your right to access and use the Service ends immediately;
  • you remain responsible for all fees incurred through the effective date of termination;
  • we may delete or anonymize Customer Content and account data in accordance with our Privacy Policy and standard retention practices.

12. Confidentiality

We will use reasonable measures to protect Customer Content that you submit through the Service from unauthorized access, use, or disclosure.

You agree not to disclose any non-public information about the Service, including product roadmaps, pricing proposals, technical details, security information, or other confidential information made available by Lean Digital, except as required by law or with our prior written consent.

13. Sensitive Data

The Service is not intended by default for the submission of sensitive personal data requiring special contractual, technical, or regulatory handling.

Do not submit sensitive personal data unless Lean Digital has expressly confirmed in writing that the relevant Service configuration supports that use.

If you submit such data without that approval, you do so at your own risk and in breach of these Terms.

14. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

LEAN DIGITAL DOES NOT WARRANT THAT OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, OR SUITABLE FOR YOUR NEEDS.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEAN DIGITAL AND ITS OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LEAN DIGITAL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

  • THE AMOUNTS PAID BY YOU TO LEAN DIGITAL FOR THE SERVICE DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
  • ONE HUNDRED U.S. DOLLARS (US $100), IF YOU HAVE NOT PAID ANY FEES.

16. Indemnification

You will defend, indemnify, and hold harmless Lean Digital and its officers, members, employees, contractors, affiliates, licensors, and service providers from and against any third-party claims, losses, liabilities, damages, judgments, settlements, penalties, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • your Customer Content;
  • your use of the Service in violation of these Terms;
  • your violation of applicable law; or
  • your infringement or misappropriation of a third party's rights.

17. Governing Law and Venue

These Terms are governed by the laws of the State of North Carolina, without regard to conflict-of-laws rules.

Any dispute arising out of or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in Wake County, North Carolina, and each party consents to the personal jurisdiction and venue of those courts.

18. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice by email, through the Service, or by posting an updated version with a new effective date. Unless otherwise stated, changes become effective 30 days after notice.

If you continue using the Service after the effective date of the updated Terms, you agree to the revised Terms.

19. Order of Precedence

If you have a separate signed order form, master services agreement, service level agreement, data processing agreement, or similar agreement with Lean Digital for the Service, that agreement will control to the extent of any direct conflict with these Terms.

20. Contact

For legal questions about these Terms, contact: legal@personifyux.com.