Effective Date: 02/10/2023
These Terms of Service ("Terms") govern your use of the Presence web application ("webapp") located at https://presence.chat ("Website"). The terms "we," "us," or "our" refer to the webapp, and "you" or "your" refer to the user of the webapp. By accessing or using the Website, you signify that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these Terms, you should not access or use the webapp.
Presence is currently in beta and is provided on an "as-is" basis. Consequently, you understand and acknowledge that the webapp may contain errors, bugs, or other issues that affect its functionality. By using Presence, you accept and acknowledge that you are using a beta version, and we make no warranties or representations regarding its performance, availability, or suitability for any purpose.
You agree to use the webapp in compliance with all applicable laws, regulations, and ethical standards. You shall not:
All materials and content on the webapp, including but not limited to text, graphics, logos, images, videos, audio files, software, and code (collectively, "Intellectual Property"), are owned by or licensed to us and are protected by intellectual property laws and other applicable laws. You agree not to reproduce, distribute, modify, display, perform, or create derivative works of any Intellectual Property unless expressly permitted by us in writing.
The use of your personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms. Please review our Privacy Policy at https://presence.chat/privacy-policy to understand how we collect, use, and disclose your information.
We welcome and appreciate any feedback, suggestions, or ideas you provide regarding the webapp ("Feedback"). You acknowledge that any Feedback you provide is voluntary and non-confidential, and we have the right to incorporate the Feedback into our webapp and services without any obligation or compensation to you.
THE WEBAPP IS PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEBAPP WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE WEBAPP, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, OR USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
We reserve the right to modify, suspend, or terminate the webapp or these Terms, in whole or in part, for any reason and without prior notice at any time. Upon termination, your right to access and use the webapp shall cease immediately.
These Terms and any disputes arising out of or related to them or the webapp shall be governed by and construed in accordance with the laws of the European Union, specifically the laws of the European Union member state in which you reside, without regard to its conflict of laws principles. Any legal action or proceeding arising out of or related to these Terms or the webapp shall be brought exclusively before the competent courts of the European Union member state in which you reside.
If you have any questions, concerns, or feedback regarding these Terms or the webapp, please contact us at info@presence.chat.
By using the Presence webapp, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service.