Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Presencia ("Company," "we," "us," or "our") governing your access to and use of the Presencia website, software platform, and all related services (collectively, the "Service").

By accessing or using the Service in any manner — including browsing the website, creating an account, starting a free trial, or subscribing to a paid plan — you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

You must be at least 18 years of age and legally capable of entering into a binding contract under the laws of your jurisdiction. By using the Service, you represent and warrant that you meet these requirements and that you are using the Service for lawful business purposes.

2. Service Description

Presencia is a software-as-a-service (SaaS) platform designed for local businesses. Features include, without limitation: AI-powered website creation and hosting; business profile management; online booking and appointment scheduling; review monitoring and AI-drafted response tools; social media content generation and scheduling; lead capture and inbox management; and related digital marketing tools.

We reserve the right to modify, expand, or discontinue any feature of the Service at any time. Where a material feature used by an active subscriber is removed, we will provide reasonable advance notice.

3. Account Registration and Security

You must provide accurate, complete, and current information when creating your account. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify us immediately via our Support page of any unauthorized use or suspected security breach.

We reserve the right to suspend or terminate accounts that provide false information, violate these Terms, or engage in fraudulent or abusive behavior, at our sole discretion and without advance notice.

4. Subscription Plans and Pricing

The Service is offered on a monthly, recurring subscription basis. Current plans are:

• Growth Plan — $179/month: AI-generated website, website editor, contact form and lead inbox, Google Business Profile sync, daily review monitoring, AI-drafted review replies, weekly AI-written Google Business updates, and review analytics.
• Autopilot Plan — $229/month: Everything in Growth, plus daily AI social media posts across Facebook, Instagram, and Google; social media calendar; online booking system; booking management dashboard; and priority support.

All prices are in United States Dollars (USD). We reserve the right to change pricing with at least thirty (30) days' advance written notice to existing subscribers via the email address on file. Price changes will not apply to the current pre-paid billing period.

5. Free Trial

New subscribers receive a fourteen (14) day free trial upon providing a valid payment method. You will not be charged during the trial period. If you cancel before the trial ends, you will not be charged. If you do not cancel, your selected plan will begin billing automatically on a recurring monthly basis upon trial expiration.

The free trial is available to new customers only. We reserve the right to limit, modify, or revoke trial access at any time, including in cases of suspected abuse or fraud.

6. Cancellation Policy

You may cancel your subscription at any time by accessing the Billing section of your Presencia dashboard. There are no cancellation fees, no penalties, and no minimum commitment period. Presencia does not require contracts.

Upon cancellation, the following applies:

• Your subscription will remain active and fully functional through the end of your current paid billing period.
• Your published website will remain accessible to the public through the end of the paid period.
• You will not be charged for any subsequent billing cycle after the cancellation date.
• After the billing period ends, your website will be taken offline. Your account data will be retained for sixty (60) days before permanent deletion, giving you time to reactivate.

Cancellation does not entitle you to a refund for any unused portion of the current billing period. See Section 7 for our Refund Policy.

8. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law or regulation;
• Upload, transmit, or display content that is defamatory, obscene, harassing, threatening, fraudulent, or infringing upon third-party rights;
• Misrepresent your identity, business, or affiliation with any person or entity;
• Attempt to gain unauthorized access to the Service, other accounts, or Presencia's systems;
• Introduce viruses, malware, or other harmful or disruptive code;
• Use automated scripts, bots, crawlers, or data mining tools against the Service without written permission;
• Use the Service to send unsolicited commercial communications (spam);
• Resell, sublicense, or otherwise commercially exploit the Service without our express written permission.

Violation of this section may result in immediate suspension or termination of your account without notice or refund.

9. Intellectual Property

Your Content: You retain full ownership of all business information, photographs, text, and other materials you submit to the Service ("Your Content"). By submitting Your Content, you grant Presencia a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and process Your Content solely as necessary to provide the Service to you.

Presencia IP: Presencia owns all rights, title, and interest in and to the Service, including all software, code, designs, trademarks, trade names, AI models and outputs, templates, and underlying technology ("Presencia IP"). You receive a limited, non-exclusive, non-transferable, revocable license to use the Service during your subscription term solely for your own internal business purposes. You may not copy, modify, distribute, sell, reverse-engineer, or create derivative works based on Presencia IP.

AI-Generated Content: You are responsible for reviewing and approving all AI-generated content — including website copy, social posts, and review responses — before publication. Presencia makes no warranty regarding the accuracy or suitability of AI-generated content.

10. Third-Party Services

The Service integrates with third-party platforms including Stripe (payment processing), Supabase (data infrastructure), Vercel (hosting), Google Business Profile APIs, and others. Your use of these integrations is subject to the respective third parties' terms of service and privacy policies. Presencia is not responsible for the availability, conduct, or accuracy of third-party services.

11. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranty of any kind, express, implied, or statutory. Presencia expressly disclaims all warranties, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Presencia does not warrant that the service will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected. No oral or written information from Presencia creates any warranty not expressly stated here.

12. Limitation of Liability

To the fullest extent permitted by applicable law, Presencia and its officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of revenue, profits, business, data, or goodwill — arising from your use of or inability to use the service, even if advised of the possibility of such damages.

Presencia's total cumulative liability shall not exceed the greater of (a) the total amount paid by you to Presencia in the twelve (12) months preceding the claim, or (b) one hundred U.S. dollars ($100.00). Some jurisdictions do not permit exclusion of certain warranties or limitations of liability, so the above may not fully apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Presencia and its officers, directors, employees, and agents from any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; (d) your violation of any third-party rights; or (e) your violation of any applicable law or regulation.

14. Modifications to the Service and Terms

We may update these Terms at any time. For material changes, we will notify you by email and by a prominent in-app notice at least fourteen (14) days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms. If you disagree, you must cancel your subscription before the effective date.

15. Governing Law and Venue

These Terms shall be governed by the laws of the State of Florida, United States, without regard to its conflict-of-law provisions. Any legal action arising out of or relating to these Terms or the Service must be brought exclusively in a state or federal court of competent jurisdiction in the State of Florida, and you hereby consent to the personal jurisdiction of such courts.

16. Dispute Resolution and Arbitration

Informal Resolution: Before initiating formal dispute resolution, you agree to contact us via our Support page and attempt in good faith to resolve the matter informally for at least thirty (30) days.

Binding Arbitration: If informal resolution fails, all disputes arising out of or relating to these Terms or the Service shall be resolved by final, binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in the State of Florida. Either party may seek emergency equitable relief before an arbitrator pending arbitration.

Class Action Waiver: ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS. You waive any right to bring or participate in any class action or collective proceeding against Presencia.

Exception: Nothing in this section prevents either party from seeking injunctive or other equitable relief in court to protect intellectual property or prevent unauthorized access.

17. General

• Entire Agreement: These Terms, together with the Privacy Policy and any agreements explicitly incorporated by reference, constitute the entire agreement between you and Presencia.
• Severability: If any provision is found invalid or unenforceable, it shall be modified to the minimum extent necessary and the remainder shall continue in full force.
• Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement rights.
• Assignment: You may not assign these Terms without our written consent. Presencia may assign these Terms in connection with a merger, acquisition, or asset sale.
• Force Majeure: Presencia is not liable for delays or failures caused by circumstances beyond its reasonable control.

18. Contact