Effective: September 2020
Last updated: Sept 21, 2024
Welcome and thank you for visiting Presence and reviewing our Terms of Use ("Terms")! These Terms govern your access and use of Presence Siddhi LLC ("Presence," "we," "us" or "our") products and services including any digital offerings provided via our websites (e.g., presence.app and any other sites to which these Terms are linked) and mobile applications (e.g., the Presence app) as well as our in-person programs and consumer products (collectively, the “Services”). We refer to our websites and mobile applications (each, an “App”) collectively as our “Digital Properties”. These Terms also govern your use of all information, documents, catalogs, communications, files, text, graphics, and audio/visual content (collectively, the “Materials”) made available to you by way of the Services whether by oral, visual, electronic or other means. We have organized these Terms so that the paragraphs applicable to all products and services appear in the main section. Terms applicable only to a particular product or service appear in distinct sections that follow to make it easier to understand what applies to your specific interactions with us.
PLEASE READ THESE TERMS BEFORE USING OUR SERVICES AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. BY USING ANY OF OUR SERVICES, VISITING ANY OF OUR DIGITAL PROPERTIES OR ACCESSING IN ANY WAY ANY MATERIALS, YOU AGREE TO AND ARE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND ANY OTHER TERMS WHICH MAY APPLY TO YOU. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR SERVICE, DIGITAL PROPERTIES OR MATERIALS.
We reserve the right to change these Terms at any time, without any prior notice to you. Any updates to these Terms will be posted or linked to from our Digital Properties, including at www.presence.app, and will apply to you prospectively, so you should check back each time you use our Services so you are aware of any changes, as they are binding on you.
We provide Materials for general informational purposes only and these Materials are not intended or implied to serve as medical or therapeutic advice, diagnosis or treatment. You should not use any Materials as a preventative health measure, gauge the state of your health or to diagnose or treat any health issues, illnesses or diseases. Presence does not provide any medical or therapeutic advice. If you have or suspect you have a health or medical problem, you should consult with your physician or another qualified healthcare provider.
Presence neither endorses nor is responsible for the accuracy and reliability of any products, services, events, opinions, advice, or statements made by anyone other than an authorized Presence representative while acting in their official capacity.
Account creation
While you can browse our websites without creating a user account (“Account”), the purchase of any Services as well as access to any Materials via our Apps, requires you to have an Account. In creating an Account, you must provide us with accurate and complete registration information as prompted during the registration process, including your name, a valid email address which functions as your username and a password of your choice, subject to certain requirements. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever.
When you access your Profile, you can edit certain information, including your email address and password, or associate additional information with your Profile. You can also contact us directly at support@presence.app to edit your information. It is your responsibility to ensure your contact information is accurate and up to date. Your Profile may also enable you to manage other aspects of your Account, including the nature and frequency of communications we send to you, among others. The products and services you have purchased or otherwise have entitlements to may also be associated with your Account and, in such cases, your Profile will provide you with such information along with links for convenient access to such products and services.
You may create or log-in to your Account through social media service functionality, such as Facebook Connect. If you associate your Account with another service in this manner, you expressly authorize Presence and the relevant third party to share and store certain information about you, including personally identifiable information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to our Terms and Privacy Policy.
Account protection
You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at support@presence.app with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.
Account termination
You may terminate your Account at any time by sending an e-mail to support@presence.app with “Cancel Account” in the subject line. Please allow seven (7) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account, including your entitlements to access any Materials and other functionality, whether purchased by you or otherwise, and such entitlements will not be restored if you create a new Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination, regardless of any value you may ascribe to such data or functionality. We further disclaim any value you may attribute to any of your data stored on our servers. Additionally, you will not receive any further communications from us unless and until you create a new Account or you otherwise request that we provide communications to you. Our rights under the Terms will survive any termination of your Account or cessation of your use of our Services.
We may enable you and others to participate in in-person, telephonic or online group lessons, meditations, workshops and other sessions as well as in online groups, chat rooms and message boards, some of which may be a required or optional component of certain product and service offerings. In connection with these forums you may have the opportunity to share comments, perspectives and other information with the Presence community. Please note that some for these forums, including chat rooms and message boards, may remain publicly accessible indefinitely and may be accessible on non-Presence websites. Other forums, including group lessons, meditations and workshops may be recorded and remain accessible to other participants in the session or the particular program to which the session relates. You may also share testimonials or reviews of our products and services or ideas and comments about ways to improve the Services for public display or for our private use. In connection with all of these activities, you are responsible for all content and activity that occurs under your Account or in your name (collectively, “User Generated Material”).
User Generated Material must not:
Contain any material which is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic, or otherwise offensive, inappropriate, damaging, disruptive or harmful, as determined by us in our sole and absolute discretion;
Violate our or any other person’s legal rights (including rights of publicity and privacy), contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or otherwise promote, advocate or assist any illegal activity or unlawful act;
Create or threaten harm to any person or loss or damage to any property;
Infringe any patent, trademark, trade secret, copyright, contract or other intellectual property or proprietary rights of us or any other person;
Seek to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
Misrepresent your identity or affiliation with any person or organization, including Presence;
Seek to collect other users’ e-mail addresses and/or their usernames or passwords for Presence or other services by electronic or other means for any purpose including to send unsolicited e-mail or other electronic communications;
Seek to transmit chain letters, bulk or junk e-mail, whether automated or not, or interfere with, disrupt or create an undue burden on Presence or the networks or services connected to Presence or install or attempt to install or promote spyware, malware or other computer code on our or third parties' computers or equipment; or
Involve commercial activities such as contests, sweepstakes and other sales promotions, barter, advertising or offers of sale or purchase of goods and services regardless of whether such products or services are competitive to those offered by Presence.
We do not claim ownership to User Generated Material. However, by posting or otherwise sharing User Generated Material, subject to any restrictions explicitly set forth herein, you irrevocably grant us and our assigns, agents and licensees and other users a worldwide, non-exclusive, perpetual, irrevocable, transferable, royalty-free, license to use, reproduce, share, transmit, print, publish, publicly display, exhibit, distribute, copy, modify, sublicense, translate, create derivative works of, publicly perform, and otherwise exploit your User Generated Material, in whole or in part, for any purpose, including promotional purposes, in all media formats now known or hereafter created, without further notice to you, and with or without attribution to you. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your User Generated Material (but not your original User Generated Material), expressly including any comments or ideas about ways to expand or improve any of the Services. You waive any moral rights you may have in the User Generated Material. With respect to User Generated Material posted by you, you represent that (a) you created and own the rights to the content or you have the owner’s express permission to share the content and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks or privacy rights) or violate any applicable laws, these Terms or any of our other posted policies. You agree that we have no obligation to examine or enforce any intellectual property rights in or to your User Generated Material. You agree to pay all royalties, fees and other monies owing any person related to User Generated Material that you share via Presence.
We have the right, but not the obligation to monitor, review, screen, post, remove, reject, modify and store User Generated Material you share, at any time and for any reason, without notice, including to ensure that User Generated Material complies with the Terms. We do not endorse any User Generated Material and the User Generated Material shared does not reflect our opinions, views or advice. You are solely responsible for your User Generated Material and the consequences of sharing it and you agree that we are acting only as a passive conduit for your communication, distribution and/or publication of your User Generated Material. We take no responsibility and assume no liability for any User Generated Material that you or any other user or third party shares via Presence, nor do we assume any liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone providing User Generated Material. YOU WAIVE AND HOLD HARMLESS PRESENCE AND OUR AFFILIATES, AND EACH OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS, REPRESENTATIVES, ATTORNEYS, VENDORS, SERVICE PROVIDERS AND CONTRACTORS (COLLECTIVELY, THE “Presence PARTIES”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE Presence PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH Presence PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Though we strive to enforce our rules with regard to User Generated Material, you may be exposed to User Generated Material on Presence that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose or in violation of our Terms. We take no responsibility and expressly disclaim any liability related in any way to your exposure to User Generated Material, whether or not it violates our Terms.
Please choose carefully the information you share via Presence and that you give to other users. You are discouraged from publicly sharing PII, including your telephone numbers, street address, e-mail address or other information that allows strangers to find you or steal your identity.
You assume all risks associated with interacting with other users with whom you come in contact through our Digital Properties or otherwise in connection with the Services, and to the fullest extent that the law permits, you release us from any claims or liability related to any User Generated Material shared via Presence and from any claims related to the conduct of any other users.
We reserve the right, but have no obligation, to monitor or to take any action regarding disputes between you and any other user and shall have no liability for your interactions or any disputes with other users or for any user’s action or inaction. You are solely responsible at all times for your conduct and your interactions with other users.
Minimum age
In order to accept these Terms and to access and use our Services you must be at least 18 years of age, or if you have parental consent, at least 13 years of age (“Minimum Age”). Presence’s Services are not intended for users under the Minimum Age. You hereby affirmatively represent that (a) you are at least the Minimum Age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Presence the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms. If you are not at least the Minimum Age, do not have parental consent, or you do not agree to all the terms and conditions of this Terms, you may not use the Services.
Modification or suspension of the services and right to terminate your use of the Services
We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Materials or discontinuing any of our offerings entirely. Any description of the features of products or services offered by Presence shall not be considered to be a representation by Presence that such features will always be included in such products and services.
We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the Services, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Services and Materials may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account. For more information on the availability of the Services and treatment of your information following Account termination, see the section entitled Account termination.
For the avoidance of doubt, we will not be liable if for any reason all or any part of the Services, Digital Properties or Materials is unavailable at any time or for any period.
Unless expressly provided for herein or as agreed upon in a writing duly signed by us and you, you may not under any circumstances:
Reproduce, download, modify, translate, add to, distribute, transmit, share, publish, perform, display, disclose, archive, upload, broadcast or sell, sublicense, index or exploit any Materials in any medium without our prior express written permission, either directly or through the use of any device, software, Internet site, web-based service or other means;
Copy or print any Materials, whether licensed by us or otherwise, unless and to the extent it is for your own personal, non-commercial use and you must retain all trademark, copyright and other proprietary notices contained in and on any such Materials;
Use the Materials in a manner that suggests an association with any of our products, services or brands;
Remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademarks or other proprietary notices marked on the any Materials or any digital rights management mechanism, device or other content protection measures either directly or through other means;
Mirror, frame, screen scrape or deep link to any aspect of the Services or access any Materials through technology or means other than those provided or authorized by us;
Access the Services via any automated system, including without limitation by “robots,” “spiders,” “offline readers,” etc., attack the Digital Properties via a denial-of service attack or a distributed denial-of-service attack or otherwise take any action that imposes, or may impose (as determined by us in our sole and absolute discretion) an unreasonable or disproportionately large load on our infrastructure, or attempt to interfere with the proper working of the Digital Properties in any other way.
Knowingly or recklessly upload invalid data or introduce viruses, worms, Trojan horses or other malware or software agents, whether harmful or not, or tamper with, impair, damage, attack, exploit, or penetrate the Presence system or network, or otherwise attempt to interfere with or compromise the system integrity or security of Presence or any connected networks, or take any action to impact the proper operation of the Services and any person’s or entity’s use or enjoyment thereof;
Bypass the measures we may use to prevent or restrict access to or use of the Services including by hacking into secured or non-public areas, circumventing any fencing mechanisms or otherwise;
Use the Services to collect any personally identifiable information, including Account names and e-mail addresses, or use the Services for any commercial solicitation purposes, without express written permission from Presence;
Attempt to reverse engineer any aspect of the Services or attempt to derive the source code (including the tools, methods, processes and infrastructure) that enables or underlies the Services, create any derivative works or materials of any kind using any Materials, whether or not you intend to give away the derivative materials free of charge, or otherwise build a business utilizing any aspect of the Services; or
Use our Digital Properties to engage in any illegal activity or the planning of any illegal activity.
Materials and non-commercial use
We grant you a non-exclusive, revocable, limited, royalty-free, non-transferable, non-sublicensable license to use the Services and the Materials subject to these Terms. Unless otherwise specified, the Services and the Materials are for your individual, personal and non-commercial use. No other rights, assignment, licenses or legal relationship of any nature, including but not limited to agency, partnership, joint-venture, employer-employee, franchisor-franchisee, or otherwise, either express or implied, are created through your use of the Services unless expressly reserved in these Terms.
We or our affiliates own, control or license the Materials available via the Services, and the Materials are protected from unauthorized use, copying and dissemination by U.S. and international intellectual property laws. No right, title or interest in or to the Services or any Materials is transferred to you, and all rights not expressly granted are reserved. Any use of the Services that is not expressly permitted by these Terms may be a breach of the Terms, and may violate copyright, trademark and other laws.
You may create a plain text hyperlink to the pages of our Digital Properties provided that neither you nor the link portrays us or any of our Services in a false or disparaging manner or suggests sponsorship, affiliation or endorsement by or with us. You may not use any of our trademarks as part of the link without our express written permission. We may revoke this permission at any time for any reason upon notice to you.
DMCA copyright policy and Copyright Agent
We respect the intellectual property rights of others and expect our users to do the same. We may remove User Generated Material that in our sole discretion appears to infringe the copyrights of others. In addition, in our sole and absolute discretion, we may terminate Accounts of users who infringe the copyrights of others. If you believe that we or another user has infringed your copyrights, please notify our Copyright Agent, and provide the following information: (a) a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright; (b) an identification of the copyright claimed to have been infringed; (c) a detailed description of the material that you claim is infringing, so that we may locate it, including the URL where the infringing material appears; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the allegedly infringing use is not authorized by the copyright’s owner, its agent, or the law; and, (f) a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are authorized to act on behalf of the owner of the copyrights involved. We will process each notice of alleged infringement that we receive and will take appropriate action in accordance with applicable intellectual property laws.
Our Copyright Agent can be reached via email at support@presence.app or by mail at:
Attention: Copyright Agent
Presence Siddhi LLC
135 W 50th Street, 2nd Floor
New York City, NY 10020
Trademarks
Presence’s name, marks, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Presence or its affiliates or licensors. You must not use such marks without the prior written permission of Presence. All other names, logos, product and service names, designs, and slogans on the Digital Properties are the trademarks of their respective owners.
By accessing or using our Services, you consent to the collection and use of your information, including personally identifiable information, in accordance with our Privacy Policy. For more information, please read our Privacy Policy, which is incorporated by reference into these Terms.
Our Digital Properties may contain links to non-Presence websites on the Internet. Any such links to non-Presence websites have been provided solely as a convenience. You may also encounter our Materials or advertisements for our Services on non-Presence sites, including social media sites. We do not control or endorse these non-Presence websites, nor review or approve the content that appears on such websites and expressly disclaim responsibility and liability therefor. You acknowledge and agree that we will not be held responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any of the links, any of your activities or interactions with elements of such non-Presence websites outside of our control, or for the content, goods, or services available on or through such non-Presence websites.
Additionally, you may choose to share information about your activities in connection with our Services with users of other services, including social media services, via tools we provide you with access to or otherwise. Please note that we are not responsible for any content you share in this manner.
Please consult the Privacy Policies and Terms of Use for any non-Presence websites we link to or on which our Materials or advertisements appear as well as any services by way of which you share information relating to your activities in connection with our Services for more information about how such websites and services govern your activities and use your information.
WE PROVIDE THE SITE ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS TO THE FULLEST EXTENT PERMISSIBLE BY LAW. THE Presence PARTIES DO NOT REPRESENT OR WARRANT OR ENDORSE, EXPRESSLY OR IMPLICITLY, THAT THE SERVICES AND DIGITAL PROPERTIES: (I) ARE RELIABLE OR WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS OR ERRORS, (III) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE, (IV) WILL BE SECURE AND FREE FROM ANY HARMFUL COMPONENTS, SUCH AS VIRUSES OR OTHER MALWARE, OR (V) WILL CONTAIN MATERIALS THAT ARE ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY OR RELIABLE.
THE PRESENCE PARTIES MAKE NO WARRANTIES OF ANY KIND OTHER THAN AS EXPRESSLY SET FORTH HEREIN AND YOUR USE AND ACCESS OF THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES IS ENTIRELY AT YOUR OWN RISK. Presence EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICES, MATERIALS, AND DIGITAL PROPERTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY PURPOSE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, COMPATIBILITY, SECURITY, AND ACCURACY, AND ALL WARRANTIES THAT MAY ARISE FROM A COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. IN STATES AND JURISDICTIONS IN WHICH THE EXCLUSION OF WARRANTY IS PROHIBITED, SUCH EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMITTED. Presence DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY INFORMATION, PRODUCT OR SERVICE PROVIDED, ADVERTISED OR OFFERED BY A THIRD-PARTY VIA Presence OR ANY LINKED OR OTHER THIRD-PARTY PROPERTY.
Under no circumstances will the Presence Parties be liable to you or to any third party for any consequential, incidental, indirect, punitive or special damages (including damages relating to lost profits, lost data or loss of goodwill) or for any other loss, damages or injury of any kind that are directly or indirectly related to the Services, your access or use of the Digital Properties or Materials, any User Generated Material, your data, your Account or the information contained therein, any errors or omissions or any damage to any user’s computer, hardware, software, wireless devices, or technology, even if foreseeable or even if the Presence Parties have been advised of or should have known of the possibility of such damages, whether in an action of contract, negligence, strict liability or tort. In no event will the Presence Parties be liable to you or anyone else for loss, damage or injury relating to any third-party providing you with services, including, but not limited to, Presence Partners. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply. In no event will the Presence Parties’ total liability to you for all damages, loss, or causes of action, if any, exceed the amount you have paid to Presence for the product or service giving rise to the claim.
The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.
You shall indemnify, defend, and hold harmless Presence and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, service providers, employees, and representatives (the “Indemnified Parties”) from and against any and all claims, demands, causes of action, losses, expenses, damages and/or liabilities, including reasonable attorney’s fees and court costs, incurred by the Indemnified Parties in any way related to your (a) acts and/or omissions on or off the Digital Properties or while otherwise using or accessing our Services; (b) violation of any rights of another party, including without limitation any alleged infringement of intellectual property or other right of any person or entity relating to the Digital Properties, Services, or User Generated Material; (c) breach of these Terms; (d) disputes with or between other users; (e) use and/or misuse of the Digital Properties or Materials; (f) violation of any applicable law or regulation; (g) submitting inaccurate, untimely, incomplete or misleading User Generated Material; (h) misstatements and/or misrepresentations; or (i) contracts or arrangements made or provided based on any Materials provided via the Services. You must cooperate as requested by Presence in the defense of such claims. Presence reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by, and you shall not, in any event, settle any claim or matter on behalf of Presence without the written consent of Presence. This indemnification obligation shall survive the cessation of your use of the Services.
If applicable, you hereby waive California Civil Code Section 1542 in connection with the foregoing, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any controversy, allegation or claim arises out of or relates to the Services, Materials, your access or use of the Digital Properties, or these Terms, then you and we agree to send a written notice to the other providing a reasonable description of the dispute, along with a proposed resolution thereto. If we do not have a current physical or email address for you, then we have no obligation under this section. Your notice to us must be sent to us at our contact details below. For a period of sixty (60) days from the date of receipt of notice from the other party, we will engage in a dialogue with you in order to attempt to resolve the dispute though nothing will require either of us to resolve the dispute on terms with respect to which either you or we, in each of our sole discretion, are not comfortable. If you have any concerns or objections regarding any financial charges, you agree not to cancel or reject any credit card or third-party payment processing charges until and unless you have made a reasonable attempt at resolving the matter directly with us.
All disputes arising out of or relating the Services, Materials, your access or use of the Digital Properties, or these Terms that remain unresolved following the dialogue described above will be exclusively resolved under confidential binding arbitration held in New York County, New York in accordance with the applicable Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, disputes will be mediated only on an individual basis and will not be consolidated with any other proceedings that involve any claim or controversy of any other party, whether through class arbitration proceedings or otherwise. But if, for any reason, any court with competent jurisdiction or any mediator selected pursuant to this section holds that this restriction is unconscionable or unenforceable, then our agreement to mediate in this section will not apply and the dispute must be brought exclusively in court pursuant to the following paragraph.
Except to the extent that mediation is required, any action or proceeding relating to any dispute may only be instituted in federal court in New York County, New York. Accordingly you and we consent to the exclusive personal jurisdiction and venue of such courts for such matters.
Notwithstanding the foregoing, we will have the right to seek injunctive or other equitable relief in state or federal court located in New York County, New York to enforce these Terms or to prevent an infringement of a third party’s rights. In the event equitable relief is sought, each party hereby irrevocably submits to the personal jurisdiction of such court. To the fullest extent permitted by applicable law, any cause of action you may have with respect to your use of the Services or access or use of the Digital Properties must be commenced within one year after the claim or cause of action arises.
You consent to receive communications from us whether required by law or otherwise, either by e-mail (if you have provided us with your e-mail address), by any other form of communication you have consented to in your Account settings, or by notice posted on www.presence.app as determined by us in our sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address or other location that you provide to us.
Specific reasons we may contact you
We may send the following communications to you via e-mail, push notification or by another messaging platform:
Suggestions regarding, or information about, Services or Materials we believe would be of interest to you
Statistics about your activity and messages intended to reinforce certain activities and behaviors we reasonably believe you want to continue or otherwise pursue
Newsletters, if you have requested to receive them
Ad hoc offers and promotions, including on behalf of third-parties
You can opt-out of receiving any e-mail communications from us (or reinstate receipt) by clicking the “unsubscribe” link included at the bottom of any e-mail we send you or, if you have an Account, by updating your Account settings.
At any time, you can manage our ability to send you push notifications by turning off the notification settings in the relevant mobile application or in the device settings of your mobile device. If you choose not to receive push notifications, you may still receive in-app notifications.
Notwithstanding your indicated email marketing preferences, we may send you administrative emails regarding Presence, including, for example, order confirmations or information about Services you have purchased as well as notices of updates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy or these Terms, any User Generated Material you provide or in relation to customer service issue.
Mobile Message Service Terms and Conditions
The Presence mobile message service (the "Service") is operated by Presence Siddhi LLC (“Presence Siddhi LLC ”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
By consenting to Presence Siddhi LLC’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Presence Siddhi LLC through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Presence Siddhi LLC. Your participation in this program is completely voluntary.
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.
You may opt-out of the Service at any time. Text the single keyword command STOP to +1 (833) 862-0494 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Presence Siddhi LLC mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to +1 (833) 862-0494 or email support@presence.app.
We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Additional Text messages
Presence may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contact you using your phone or mobile number with an automatic telephone dialing system (ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any products or services.
Our refund policy varies depending on the product or service purchased. Please see Product and Service Specific Terms for more details.
Refunds can only be made via the same payment method used to make your initial purchase. Refunds made to expired or cancelled cards are handled by your card issuer. In the event you have a replacement card with the same issuer, the refund should arrive on the account of your new credit card, even though the number is different. If no replacement card exists, you should contact the issuer to ensure delivery of the refund to you by alternative means.
Our failure to act with respect to a breach of the Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms is held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner and without affecting the remaining provisions hereof, which shall continue to be in full force and effect.
These Terms will be governed by and construed in accordance with the laws of the state of New York, without regard to its conflicts of laws principles and specifically will not be governed by the United Nations Convention on contracts for the international sale of goods. You agree that jurisdiction and venue in any legal proceeding directly or indirectly arising out of or relating to the Services, will be in New York County, New York, and you hereby consent and submit to the exclusive personal jurisdiction and venue in New York County, New York.
We welcome your suggestions for ways we can improve the Services, Materials or our Digital Properties. Please feel free to submit comments and feedback by emailing us at support@presence.app. Please note that any such communications received from you will be considered User Generated Material and will be treated as such in accordance with these Terms and may be used by us without restriction without any obligation, financial or otherwise, to you. See the section entitled User Generated Material for more information.
If you have any questions about these Terms, contact us via email at support@presence.app or by mail at:
Attention: Terms of Use
Presence Siddhi LLC
135 W 50th Street, 2nd Floor
New York City, NY 10020
Presence offers mobile applications that provide access to specific functionality and Materials including the Presence App for iOS and Android (“Presence App”) and the 21-Day Meditation Experience. We may discontinue any or all of the Apps, including the web-based versions of such Apps, at any time for any reason with no liability or obligation to you except as expressly set forth herein. In the event you have an Account, you may log-in to any of our Apps using your Account credentials through the services, programs or features of such Apps that are available to you will depend on your specific subscription and prior purchase history. In the sections that follow, we may be referring to any or all of the iOS, Android or web versions of our Apps as the context indicates.
21-Day Meditation Experience
The 21-Day Meditation Experience (“21DME”) App provides access to programs comprising a series of meditation sessions or other lessons. Certain 21DME programs may be available for free for limited periods, following which you must purchase the program for continuing access. Any or all of the programs available via the 21DME App may be purchased at any time.
21DME programs purchased in-app are subject to the refund policies of the Apple App Store and Google Play Store, as the case may be, and are not managed by Presence. Please see below for more information about the App Stores and their policies and procedures.
When you purchase a 21DME program, we are committed to providing you ongoing access to such titles as long as is commercially practicable but in no event less than two (2) years. In the event we discontinue a service through which you access your purchased content, we will endeavor to provide a reasonable alternative for you to access such program(s). 21DME programs purchased via the Android or web-based version of the 21DME App, or via the previously offered iOS version of the 21DME App, remain available to you on both the Android and web-based versions of the 21DME App. iOS and Android users are also able to access their previously purchased 21DME programs on the Presence App at no additional cost, provided they download and install the Presence App.
Presence App
The Presence App offers hundreds of meditations and practices with a mind-body-spirit approach to help create and sustain a healthier life, with an emphasis on stress, energy, sleep, mood management, purpose, relationships and growth. Certain content is available in the Presence App for free, though you will need to have a valid Account to access such free content. Additional content is available in the Presence App with a paid subscription. You may purchase a subscription to the Presence App on an annual or lifetime basis or such other duration as we may authorize in our sole discretion (each such duration, the “Subscription Term”). If you have never previously subscribed to the Presence App, your Presence App subscription may start with a free trial to the subscription service. The duration of your trial period will be communicated to you upon your subscription to the Presence App. You may still subscribe to the Presence App without a free trial though in such case billing, as described below, will commence immediately. You may subscribe to the Presence App in-app via the Apple App Store or Google Play Store, as applicable, or on the presence.app website. Please note that the content that is available for free in the Presence App is subject to ongoing change in our sole discretion. In the event you have previously purchased 21DME programs, such programs will automatically be available to you in the Presence App at no additional cost, provided that you use the same Account details to register the Presence App as you used to purchase the relevant 21DME program(s).
You may cancel your subscription prior to the end of the free trial period, if applicable, with no further obligation or liability to us with respect to the Presence App, otherwise billing for your subscription will commence at the end of the free trial at the rate communicated to you upon initiation of your subscription. Unless cancelled no less than 24-hours prior to the end of your Subscription Term, your subscription will automatically renew. The entire amount due for the next Subscription Term will be charged to the payment method we have for you on the first day of such renewal Subscription Term, which may be any date during the month depending on when your initial subscription commenced. You may obtain information regarding your subscription, including the end date of your current Subscription Term, on the “Subscription” page within the “Account Settings” in your Presence App Profile. Please note that you may not receive a notice from us regarding an upcoming charge, either due to the end of your free trial or the renewal of your subscription for another Subscription Term. We reserve the right to adjust pricing for the Presence App in any manner and at any time as we may determine in our sole and absolute discretion. Any such price changes will take effect following notification to you and only upon the renewal of your subscription for another Subscription Term. Increases or decreases in subscription prices for the Presence App will not apply retroactively or to any partial period within a Subscription Term.
You may cancel your subscription or confirm your Subscription Term end date by contacting us at support@presence.app. Following any cancellation, your subscription will remain active through the end of your then-current Subscription Term. With the limited exception of your initial annual subscription or a lifetime subscription to the Presence App, subscription fees are fully earned upon payment and, accordingly, payments are nonrefundable. You may cancel your first annual subscription or a lifetime subscription purchase within the first thirty (30) days of your access to subscription-based content and any associated charges will be promptly refunded to you.
When you register for a free trial or otherwise subscribe to the Presence App at the presence.app website you will be required to provide a valid payment method in order for us to begin billing your subscription fee at the conclusion of the trial period or immediately, as the case may be. Please note that we may authorize your payment as soon as you register for a free trial and this authorization may impact the balance and available credit of your account with the relevant payment method. By providing your payment method, you expressly authorize us to charge your designated payment method at the start of each Subscription Term at the then-current subscription rate. If a payment is not successfully settled for any reason, including due to expiration of your payment method, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing your designated payment method, as it may be updated. For certain payment methods, the issuer of your payment method may charge you a foreign transaction fee or other charges. Check with your payment method service provider for details. We reserve the right not to process, to delay processing pending receipt of additional verification regarding your identity, or to cancel your order or your subscription and access to the Presence App at any time and for any reason or no reason in our sole discretion including in the event we are unable to charge your payment method. In the event we cancel your subscription during a Subscription Term, excluding a lifetime term, other than as a result of your breach of these Terms, we will refund a pro-rata amount of your subscription fees for the remainder of your Subscription Term. You are responsible for ensuring your payment method is up to date by communicating any changes to us support@presence.app.
We may offer the Presence App as part of a bundle of offerings with other Presence products or services. In such instances, all of the terms applicable to the individual products and services included in such bundle will apply to such products and services except that the refund policy for all components of such bundle will match the policy with the shortest term of the various products and services in such bundle. Please note, for example, in the event we bundle an annual subscription to the Presence App with one or more 21DME programs or a Presence Club membership, you will only have seven (7) days to cancel your bundled Presence App subscription.
Please note that if you subscribe to the Presence App via the Apple App Store or the Google Play store, the above description of the Presence App policies and procedures may be superseded by the refund, billing, cancellation and other policies and procedures of such stores. Please see below regarding the Apple App Store, Google Play Store, and their respective policies and procedures. For more fulsome information regarding the policies of the Apple App store and Google Play store as applicable to our Apps, please refer to the applicable store terms and of use.
You must have Internet access to use our Apps and to the extent you access our Digital Properties through a mobile network, your network provider's messaging, data and other rates and fees may apply. We do not warrant that any of our Apps will be compatible with your network provider or device. You acknowledge and agree that we may release updates to our Apps and that you may be required to install any such updates in order for such Apps to continue functioning properly. You may not export any of our Apps except in compliance with all applicable laws. If you are entering into this Agreement on behalf of any agency or instrumentality of the United States Government, our Apps are "commercial computer software" and pursuant to FAR 12.212 and its successors, as applicable, use, reproduction and disclosure of such Apps is governed by these Terms.
iOS Apps
The following applies if you obtain any of our Apps through the Apple App Store. You acknowledge and agree that these Terms are solely between you and Presence, not Apple Inc. (“Apple”), and that Apple has no responsibility for the Apps or the content thereof. Your use of the Apps must comply with the App Store Terms of Use and such other terms applicable to the use of the Apps. You acknowledge that Apple bears no obligation or responsibility for maintenance and support services with respect to the Apps. In the event of any failure of an App to conform to any applicable warranty, you may notify Apple, and Apple will be responsible for any refund of the purchase price for the applicable App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be solely governed by these Terms and any law applicable to Presence as a provider of the applicable App. You acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to the Apps or your possession and/or use of the Apps, including but not limited to (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Presence as provider of the Apps. You acknowledge that, in the event of a claim that the Apps and your possession and use thereof infringes a third party's intellectual property rights, Presence, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Presence acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as relates to your license of the Apps and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as relates to your license of the Apps against you as a third-party beneficiary thereof.
Apple and the Apple logo are trademarks of Apple, Inc., registered in the U.S. and other countries. App Store is a service mark of Apple, Inc.
Android™ Apps
The following applies if you obtain any of our Apps through Google Play™. You acknowledge and agree that these Terms are solely between you and Presence, not Google LLC (“Google”), and that Google has no responsibility for the Apps or the content thereof. Your use of the Apps must comply with the Google Play™ Terms of Use and such other terms applicable to the use of the Apps. You acknowledge that Google bears no obligation or responsibility for maintenance and support services with respect to the Apps. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Apps, and any claims, losses, liabilities, damages, costs or expenses attributable to any failure of an App to conform to any warranty will be solely governed by these Terms and any law applicable to Presence as a provider of the applicable App.
Android™, GooglePlay™, and Google™ are all trademarks of Google LLC.