TERMS OF SERVICE

Effective Date: July 2026

Welcome to Presence ("Presence," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of the Presence website located at presencedatingapp.com, the Presence mobile application (when available), and all related products, services, features, content, and membership offerings (collectively, the "Platform").

By accessing or using the Platform, creating an account, purchasing a membership, or participating in any Presence service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, Membership Agreement, Acceptable Use Policy, Community Standards, and Subscription & Billing Policy, all of which are incorporated into these Terms by reference.

If you do not agree to these Terms, you may not access or use the Platform.

1. About Presence

Presence is a private, curated membership community designed for adults 25 years of age and older who seek intentional relationships through authentic conversation, meaningful introductions, and emotionally intelligent interactions.

Presence is not an open social network. Membership is subject to review, approval, and continued compliance with our policies.

2. Eligibility

To use the Platform, you represent and warrant that you:

Are at least 25 years of age.
Have the legal capacity to enter into a binding agreement.
Will provide accurate, complete, and current information.
Will comply with all applicable laws and regulations.
Are not prohibited from using our services under applicable law.

Presence reserves the right to request identity verification and to suspend or terminate accounts if eligibility requirements are not met.

3. Membership

Membership in Presence is a privilege, not a right.

Submitting an application or purchasing a membership does not guarantee acceptance into the community.

Presence reserves the right to approve, deny, suspend, restrict, or revoke membership at its sole discretion to protect the integrity, safety, and quality of the Platform.

4. Member Accounts

You are responsible for:

Maintaining the confidentiality of your login credentials.
Restricting access to your account.
Promptly notifying Presence of any unauthorized use of your account.
Ensuring that all information associated with your account remains accurate and current.

You are responsible for all activity occurring under your account unless caused by our failure to maintain reasonable security measures.

5. Member Conduct

You agree to use Presence respectfully and lawfully.

You agree not to:

Violate the Acceptable Use Policy.
Violate the Community Standards.
Harass or intimidate other members.
Create false or misleading profiles.
Engage in fraudulent conduct.
Interfere with the operation or security of the Platform.
Use Presence for unlawful purposes.

Presence reserves the right to investigate alleged violations and take appropriate action, including account suspension or termination.

6. Presence Features

Presence may offer features including, but not limited to:

Curated member introductions.
Video profiles.
Live video conversations.
The Presence Chemistry Profile™.
Compatibility insights.
Conversation Cards™.
Membership tiers.
AI-assisted compatibility tools.
Additional features introduced from time to time.

Presence may modify, improve, replace, or discontinue features at its discretion.

7. Fees and Membership Plans

Certain features require a paid membership.

Membership fees, billing intervals, renewal terms, and cancellation procedures are described in our Subscription & Billing Policy.

Failure to pay applicable fees may result in suspension or termination of your membership.

8. Intellectual Property

All intellectual property associated with the Platform—including software, branding, trademarks, logos, designs, text, graphics, videos, interfaces, the Presence Chemistry Profile™, Presence Score™, Conversation Cards™, and other proprietary materials—is owned by Presence or its licensors and is protected by applicable intellectual property laws.

Except as expressly permitted in writing, you may not:

Copy.
Reproduce.
Modify.
Distribute.
Sell.
License.
Reverse engineer.
Create derivative works from any portion of the Platform.

9. User Content

You retain ownership of the content you submit to Presence, including photographs, videos, profile information, and other materials ("User Content").

By submitting User Content, you grant Presence a non-exclusive, worldwide, royalty-free license to host, display, reproduce, and process such content solely for the purpose of operating, maintaining, improving, and promoting the Platform.

You represent and warrant that you have the rights necessary to grant this license.

10. Privacy

Your use of the Platform is subject to our Privacy Policy.

By using Presence, you consent to the collection, use, and disclosure of information as described in that policy.

11. No Guarantee of Relationships

Presence provides opportunities for introductions and meaningful conversations.

We do not guarantee:

Compatibility.
Romantic relationships.
Dates.
Friendships.
Marriage.
Any particular outcome.

Success depends on many factors beyond our control.

12. Third-Party Services

The Platform may integrate with third-party providers, including payment processors and communication services.

Presence is not responsible for the availability, policies, or practices of third-party services.

Your use of those services may be subject to separate agreements with those providers.

13. Disclaimer of Warranties

The Platform is provided on an "as is" and "as available" basis.

To the fullest extent permitted by law, Presence disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that:

The Platform will be uninterrupted or error-free.
Any defects will be corrected.
The Platform will meet every user's expectations.
Communications between members will result in any specific outcome.

14. Limitation of Liability

To the fullest extent permitted by law, Presence, its owners, officers, employees, contractors, affiliates, and licensors shall not be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages arising out of or relating to your use of the Platform.

Where liability cannot legally be excluded, our total liability shall not exceed the amount of membership fees paid by you to Presence during the twelve (12) months immediately preceding the event giving rise to the claim.

Nothing in these Terms limits liability where such limitation is prohibited by applicable law.

15. Indemnification

You agree to defend, indemnify, and hold harmless Presence and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of:

Your violation of these Terms.
Your misuse of the Platform.
Your violation of another person's rights.
Your unlawful conduct.

16. Suspension and Termination

Presence may suspend, restrict, or terminate your account immediately if you:

Violate these Terms.
Violate any incorporated policy.
Engage in fraudulent or unlawful activity.
Threaten the safety or integrity of the community.
Misuse the Platform.

Termination may occur without prior notice where reasonably necessary to protect the Platform or its members.

17. Changes to the Platform

Presence reserves the right to modify, update, suspend, or discontinue any portion of the Platform at any time, with or without notice.

18. Changes to These Terms

We may update these Terms from time to time.

The revised Terms become effective when posted on the Platform. Continued use of the Platform after changes are posted constitutes acceptance of the updated Terms.

19. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict-of-law principles.

20. Dispute Resolution

Before filing a lawsuit, you agree to first contact Presence and make a good-faith effort to resolve the dispute informally.

If the dispute cannot be resolved, it shall be resolved through binding arbitration or in a court of competent jurisdiction located in the State of Georgia, unless applicable law provides otherwise.

Nothing in this section prevents either party from seeking temporary or emergency injunctive relief where permitted by law.

21. Severability

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

22. Entire Agreement

These Terms, together with the Privacy Policy, Membership Agreement, Acceptable Use Policy, Community Standards, and Subscription & Billing Policy, constitute the entire agreement between you and Presence regarding your use of the Platform.

23. Contact Information

If you have questions about these Terms of Service, please contact us:

Presence

Website: presencedatingapp.com

Email: hello@presencedatingapp.com