Terms and Conditions of Use Presence Platform
Welcome to Presence, application available on our website https://presence.so (“Presence”) which allows you to organise and join the online video calls, meetings and chat rooms and be provided with related services. We are Presence Labs Inc., a company having its registered office at 410 E Santa Clara Street Unit #917 San Jose, CA 95113 (the “Company” or “we”) and have developed Presence. If you have any questions, comments, or concerns regarding these terms and conditions or our services, please contact us at email@example.com.
These terms and conditions (the “Terms”) apply to any registered user (the “Registered User”) and/or guest (the “Guest”) invited to Presence via an invitation link who access to and/or use Presence (“you”) and govern our mutual rights and obligations arising from the using Presence and provision of the services. By using Presence you enter into an agreement on provision of the services with us (the “Agreement”). These Terms are an integral part of the Agreement.
We are constantly trying to improve Presence and our services, so these Terms may need to change along with updates and services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on Presence or in some cases we will notify you in advance via email. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use Presence or our services. If you use Presence and our services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Please note that Presence is designed for users 16 years old and over. By using Presence, you need to confirm that you are over 16. We take no responsibilities if your age confirmation is not true. If you believe that a child under 16 may have provided us personal information, please contact us at firstname.lastname@example.org.
What do you need to know to use Presence?
How does Presence work?
Presence provides online video calls and meetings. Presence is accessible via our website https://presence.so where you can create your personal user account (“Presence Account”). Under your Presence Account you can create your rooms for video calls and meetings and provide your Guests with an invitation link for joining such rooms. While using Presence you can enjoy all the functions available to you under your Presence Account or under an invitation link if using Presence as a Guest.
We reserve the right to modify, terminate or otherwise amend our offered services and any promotional offerings at any time in accordance with these Terms.
What versions do we offer?
Basic version of Presence is a free version where no payment is required and you can access our services once your User Account is activated or you were provided with an invitation link as the Guest.
Premium version of Presence is a paid version which requires payment subscription before you can access such services.
Group version of Presence is a paid version which requires payment subscription before you can access such services.
We may offer you a free trial that gives you access to certain features of the Premium version or Group version for a specified period without payment or at a reduced payment (a “Trial”). We are authorised to determine your Trial, and/or withdraw or modify a Trial at any time without prior notice and with no liability. For some Trials, we’ll require you to provide your payment details to start the Trial. By providing such details you agree that we may automatically begin charging you for the Premium or Group Services on the first day following the end of the Trial on a recurring monthly or other basis or another interval that we disclose to you in advance.
What are the Presence requirements?
Your use of Presence requires that you have hardware, software and an internet connection fulfilling certain recommended requirements, as may be specified in our FAQ's or Support Informations. If the recommended requirements are not met, you may potentially still use our service, but normally with a lower quality or performance. Such reduced quality or performance will not give you the right to claim any compensation from Presence.
Presence may not be always accessible due to the planned maintenance and updates of our software. If possible, we will inform you about such maintenance in advance, via e-mail, our website or via Presence interface.
How do you create an Presence Account?
To use certain parts of our service, you will need to create the Presence Account. You may register Presence account by following the instructions on our website or other instructions prompted to you. You are responsible for providing and maintaining accurate and updated personal information, and for safeguarding your account information. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid email address, and we reserve the right to verify this at any time. We will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Your Presence Account is strictly personal and shall not be used by any other person without your supervision. Neither shall you assign your account to any other person. You are in any event solely responsible for the use of Presence and our service through your Presence Account.
We may change, terminate, or restrict access to any aspect of Presence, our service or your Presence Account, at any time, without notice. We reserve the right to impose limitations of use based on what we consider fair or legitimate usage, both for free and paying Presence users.
You acknowledge that your Presence Account can be inaccessible for a limited period of time due to the necessary hardware and/or software maintenance of the server or in cases of temporary server shutdown.
What are your responsibilities while using Presence?
You are responsible for your use of Presence, including the lawfulness of any content displayed, shared, uploaded or otherwise made available by you while using Presence (the “User Content”). User Content includes room names, and you are responsible for ensuring room names does not include Prohibited User Content (as listed below). Your room names are used to construct the links identifying your rooms, and Guests you invite and other third parties can (request to) enter your rooms based on these links. As these Guests or third parties do not need to authenticate to Presence in order to do this, please be aware that room names must be considered public information. Do not include information that you do not want to make public in room names.
Any use or reliance on any User Content or materials posted via Presence or obtained by you through Presence is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content or communications posted via Presence or endorse any opinions expressed via Presence. You understand that by using Presence and our service, you may be exposed to User Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, User Content that has been mislabeled or is otherwise deceptive. Under no circumstances will we be liable in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content generated or made available via Presence.
Restrictions on use of Presence and user content
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect our rights, property or safety, our users and the public.
We reserve the right to report any illegal or suspicious activity to applicable local authorities.
Prohibited User Content includes, without limitation, a content which:
- is offensive, such as the User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred, harassment or physical harm of any kind against any group or individual;
- displays or links to pornographic, sexually explicit or any other indecent material;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorised copy of another person's copyrighted work;
- infringes on trademarks, copyright or legal rights of another person;
- contains restricted or password only access pages or hidden pages or images;
- solicits passwords or personal data from other users;
- violates the rights of or harms or threatens the safety of other users or Presence and our service; or
- shares personal information about other users, without their consent.
We reserve the right to edit or remove any User Content uploaded or posted through Presence if, in our opinion, such User Content does not comply with these Terms and our policy.
Charging and billing
While creating your Presence Account, the applicable subscription fee will be displayed to you depending on the chosen Presence version (the “Subscription Fee”).
The Subscription Fee will be paid via a payment gate available on Presence platform in advance on a monthly basis.
Your payment of the Subscription Fee will automatically renew at the end of the applicable subscription period, unless you cancel your subscription before the end of the subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Basic version. We do not provide refunds or credits for any partial subscription periods.
We will provide you with an invoice for each payment after the respective Subscription Fee has been paid. This invoice will meet the requirements of tax and accounting regulations.
In cases your use of Presence requires a payment of the Subscription Fee and such payment is not successfully paid, we may suspend your access to Presence version until such payment is successfully processed.
We may change the amount of Subscription Fee and will communicate any Subscription Fee changes to you in advance and, if applicable, how to accept those changes. Subscription Fee changes will take effect at the start of the next subscription period following the date of the Subscription Fee change. You accept the new Subscription Fee by continuing to use Presence and our services after the Subscription Fee change takes effect. If you do not agree with the Subscription Fee change, you have the right to reject the change by unsubscribing from the Presence version prior to the price change going into effect.
Intellectual property rights
Intellectual property rights associated with Presence and its contents are our sole property or our affiliates. We reserve all rights to our intellectual property rights which are contained in, published at and/or provided through Presence. We are the exclusive and unlimited owner of all the economic and, to the maximum extent possible and permitted by respective laws, moral rights to Presence. The Platform is protected by copyright.
Presence is not, in any case, transferred, assigned, sold or leased to you, and we retain ownership of Presence even after installation on your personal devices.
You may not copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property rights to Presence in any way.
All our trademarks, business names, logos, domain names, and any other our features and brand are our sole property. We do not grant you any rights to use any of our brands whether for commercial or non-commercial use.
We grant you limited, non-exclusive, revocable right to use Presence in the extent of the functionalities of the respective Presence version you have been registered for or you use as a Guest (the “Licence”). You are not entitled to grant any sublicence or assign this Licence to any third person. The Licence shall remain in effect until the termination of the Agreement, Presence subscription and provision of our services.
Any graphics, data, articles, photos, images, illustrations, texts and other content displayed or available on or through Presence are protected by copyright and/or other intellectual property laws. You may not to abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through Presence, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any content not owned by you, without the prior consent of the owner of that content or another authorisation.
Warranty disclaimer and limitation of liability
We provide you with our services and Presence "as is". You acknowledge that Presence and our services are not error-free. You use it at your own risk and discretion. That means Presence and our services don’t come with any warranty. We make no warranties, expressed or implied, with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance and quality of Presence or our service.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use Presence; use of or reliance on any User Content displayed on Presence;
- the correctness and completeness of the information provided by you to any other Presence user;
- the User Content provided and/or published by the users through Presence and for the possible breach of the third party right by using, providing and/or publishing the User Content through Presence;
- the links to a third-party websites (e.g. the banner advertisement) and by providing these links, whereas we are not endorsing, sponsoring or recommending such sites;
- the content of websites linked on our site whereas such links should not be interpreted as endorsement by us of those linked websites;
- any malfunction and non-accessibility of Presence caused by the force majeure, e.g. third-party acting, hacker-attacks, software or hardware failure;
- any claims between the users.
If you are a business entity or entrepreneur, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of Presence or to your downloading of any content on it, or on any website linked to it.
To the fullest extent allowed by applicable law, you agree to indemnify and hold us, our affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (i) your use of Presence and our service (including any actions taken by a third party using your Presence Account), and (ii) your violation of these Terms.
Complaints and technical issues
In case there is a technical issue or you have a complaint regarding any part of our services you must notify us about such issue or complaint and we will consequently investigate circumstances of described problem and inform you about the result of it and about the steps we will take.
You may notify us through e-mail address: email@example.com or by filling in the feedback form through Presence (send feedback button). We will do our best to respond to your complaint within 30 days after we receive such a complaint. You are not entitled to be reimbursed for any costs related to the complaint.
Personal data protection
You take into account that we process your personal data for the purpose of providing you with our services and access to Presence under the applicable laws related to processing and protection of personal data. Further details regarding processing of personal data of the Users; further information on how the Company processes these personal data is available here.
Term and termination
Agreement is entered into for an indefinite period of time.
We are also free to terminate (or suspend access to) your use of Presence and our services or your Presence Account, for any reason in our discretion, including your breach of these Terms. We have the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
Presence Account termination may result in destruction of any User Content associated with your Presence Account, so keep that in mind before you decide to terminate your Presence Account. We will try to provide you with an advance notice prior to our terminating your Presence Account so that you are able to retrieve any important User Content you may have stored in your Presence Account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to our rights or property.
If you have deleted your Presence Account by mistake, contact us immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.
Provisions that, by their nature, should survive termination of these Terms shall survive the termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding our ownership or intellectual property rights, and terms regarding disputes between us.
We are entitled, in whole or in part, to assign our right and obligations under the Terms to a third party at our own discretion.
Choice of Law and Dispute Resolution
These Terms are governed by and will be construed under the laws of the State of California, without regard to the conflicts of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled in San Francisco County, California, in English, in accordance with the Streamlined Arbitration Rules and Procedures (the “Rules”) of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules.
Should any provision of the Terms be or become invalid or ineffective, such invalid provision shall be replaced by a provision that comes as close as possible to the meaning of the invalid provision. The invalidity or ineffectiveness of one provision will not affect the validity of the remaining provisions.