These Terms of Service ("Terms") govern your access to and use of the Presence website, applications, and related services (collectively, the "Service") operated by Presence AI, Inc. ("Presence," "we," "us," or "our"). By accessing or using the Service, you agree to be legally bound by these Terms and our Privacy Policy.
1. Eligibility and account registration
You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate, current, and complete registration information.
2. Description of the Service
Presence provides AI-assisted content creation, campaign management, scheduling, and publishing tools that may connect to third-party platforms including Google, Meta (Facebook and Instagram), LinkedIn, Canva, and other services you authorize. Features may change over time. We may add, modify, or discontinue features with reasonable notice where practicable.
3. Third-party platforms and compliance
Your use of integrations is subject to both these Terms and the applicable third-party terms, policies, and developer guidelines. By connecting a third-party account, you represent that you have authority to do so and that your use complies with all applicable platform rules.
- Google: You agree to comply with the Google Terms of Service, Google API Services Terms of Service, and applicable Google product policies when using Google-connected features.
- Meta (Facebook & Instagram): You agree to comply with the Meta Terms of Service, Meta Platform Terms, Meta Developer Policies, and applicable Facebook and Instagram community and advertising standards.
- LinkedIn: You agree to comply with the LinkedIn User Agreement, LinkedIn API Terms of Use, and LinkedIn Professional Community Policies.
- Canva: You agree to comply with the Canva Terms of Use, Canva API or Connect terms made available to developers, and Canva's acceptable use requirements when importing, exporting, or editing assets through Presence.
Presence is not affiliated with, endorsed by, or sponsored by Google, Meta, LinkedIn, or Canva except as expressly stated. Third-party trademarks belong to their respective owners.
4. Your content and license
You retain ownership of content you upload, create, or publish through the Service ("User Content"). You grant Presence a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify, display, and distribute User Content solely to operate, improve, and provide the Service, including publishing to platforms you authorize.
You represent that you have all rights necessary to submit User Content and that it does not infringe third-party rights or violate applicable law or platform policies.
5. Acceptable use
You agree not to:
- Use the Service for unlawful, deceptive, or abusive purposes;
- Publish spam, malware, hate speech, or content that violates platform rules;
- Attempt to bypass rate limits, security controls, or API restrictions;
- Reverse engineer, scrape, or misuse third-party APIs except as permitted;
- Access accounts or data without authorization;
- Resell or sublicense the Service except as expressly permitted in writing.
We may suspend or terminate access for violations of these Terms or third-party platform requirements.
6. Subscriptions, billing, and refunds
Paid plans, if offered, are billed according to the pricing shown at purchase. Fees are non-refundable except where required by law or explicitly stated. You authorize us and our payment processors to charge applicable taxes and recurring fees until you cancel. Cancellation takes effect at the end of the current billing period unless otherwise stated.
7. Intellectual property
Presence and its licensors own all rights in the Service, software, branding, and documentation, excluding User Content. No rights are granted except as expressly set out in these Terms.
8. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED AVAILABILITY, ERROR-FREE OPERATION, OR SPECIFIC BUSINESS RESULTS FROM USE OF THE SERVICE OR THIRD-PARTY PLATFORMS.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRESENCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM YOUR USE OF THE SERVICE OR THIRD-PARTY INTEGRATIONS. OUR TOTAL LIABILITY FOR ANY CLAIM RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
10. Indemnification
You agree to defend, indemnify, and hold harmless Presence from claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your User Content, your use of the Service, your breach of these Terms, or your violation of third-party platform terms or applicable law.
11. Termination
You may stop using the Service at any time. We may suspend or terminate your access for breach, legal requirement, platform enforcement action, or discontinuation of the Service. Upon termination, your right to use the Service ends, but sections that by nature should survive will remain in effect.
12. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles, except where mandatory consumer protection laws in your jurisdiction provide otherwise. Disputes will be resolved in the state or federal courts located in Delaware, unless applicable law requires a different forum.
13. Changes to these Terms
We may update these Terms from time to time. Material changes will be posted on this page with an updated date. Continued use after changes become effective constitutes acceptance of the revised Terms.
14. Contact
Questions about these Terms: legal@buildpresence.ai or visit our Contact & Support page.