1) Agreement
By using Presence Proof, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Service.
2) Service Description & Professional-Advice Disclaimer
Professional-Advice Disclaimer (Prominent)
Presence Proof provides software to help you manually log travel and calculate physical presence under various rules (e.g., FEIE, Schengen 90/180, naturalization residency). These tools are for informational and organizational purposes. We are not a law firm, accounting firm, tax advisor, or immigration consultant, and our outputs do not constitute legal, tax, immigration, or financial advice. Laws and interpretations change and vary by jurisdiction.
Calculation Accuracy & Professional Review
We invest significantly in calculation accuracy and maintain documented testing protocols. See Calculation Methodology [link] for logic, sources, versions, and known limitations. Immigration and tax laws are complex and fact-specific. Use Presence Proof to organize records, identify issues, and understand scenarios; for legally critical filings (tax returns, visa/citizenship applications), consider professional review appropriate to your circumstances.
3) Eligibility
You must be 18+ and able to form a binding contract. If you use the Service for an organization or clients, you represent you have authority to do so.
4) Accounts & Security
Keep credentials confidential and secure; you are responsible for activity under your account. Notify us promptly of suspected unauthorized access. We may suspend or terminate for violations or security risks.
5) Plans, Billing, Fee Changes & Refunds
- •Subscriptions:Billed by our payment processor; auto-renew unless canceled before renewal.
- •Fee changes:At least 30 days' prior notice; continued use after the effective date constitutes acceptance.
- •Refunds:
- →EU/UK consumers: 14-day right of withdrawal for initial purchases (subject to applicable digital-service rules).
- →Annual plans: Pro-rata refunds within the first 30 days at our discretion; afterward, cancellation stops future renewals but does not refund the current period. Unused time does not carry forward.
- →Monthly plans: Generally non-refundable; cancel anytime to prevent the next charge.
- →We comply with applicable consumer-protection laws.
6) Acceptable Use
You will not break laws; infringe IP; upload unlawful/defamatory content; introduce malware; circumvent security or rate limits; scrape or bulk-export without permission; or misuse advisor access.
7) Data Ownership, Licenses & Feedback
- •Your Data:You own your content. You grant us a limited license to process it to provide, secure, and improve the Service.
- •Our IP:The Service (software, design, content, trademarks) is owned by Presence Proof. No rights are granted except those necessary to use the Service.
- •Feedback:If you submit ideas or suggestions, you grant us a non-exclusive, royalty-free license to use them to improve Presence Proof. With your permission, we may credit you.
8) Professional/Advisor Use
If you are a CPA, lawyer, immigration or investment advisor using the Service for clients:
- •You represent you have authority and appropriate client agreements.
- •You must comply with your profession's ethical obligations.
- •You may not suggest Presence Proof endorses your services.
- •Our DPA governs processor obligations where we act as processor.
Liability allocation:
You remain professionally responsible to your clients for your services. Our limitations (§13) apply to our Service only. You should maintain professional liability insurance. You agree to defend and indemnify Presence Proof against claims arising from your professional services to clients, except where caused solely by defects in our Service.
9) Availability, SLA & Force Majeure
- •Target uptime:99.5% monthly (excluding scheduled maintenance and force majeure).
- •Maintenance:Announced in advance on our status page.
- •Service credits (Pro & Enterprise plans):
If monthly uptime falls below target (excluding maintenance/force majeure):
- →99.0%–99.4%: 10% credit
- →98.0%–98.9%: 25% credit
- →<98.0%: 50% credit
Credits apply to the next invoice upon request to legal@presenceproof.com within 30 days of the affected month. Max credit per month: 50% of that month's fees. This is your sole remedy for availability issues, except where consumer law provides otherwise.
- •Status page:Real-time uptime monitoring available at [status page link]. Historical uptime data is published monthly.
- •Force majeure:No liability for events beyond reasonable control (e.g., cloud-provider outage, natural disaster, regulatory disruption).
10) Portability, Suspension & Termination
- •Automatic export:On cancellation, we generate a comprehensive export (CSV/JSON/PDF) of travel logs, reports, and (where feasible) evidence, available for 30 days before Privacy Policy deletion timelines apply.
- •Suspension/Termination:We may suspend/terminate for cause, security risk, or legal reasons. Your obligations (e.g., payment, IP restrictions) survive termination.
11) Warranties & Disclaimers
Service Disclaimer:
To the maximum extent permitted by law, the Service is provided "as is" and "as available." We disclaim warranties of merchantability, fitness, non-infringement, and accuracy.
12) Product Changes, Calculation Updates & Beta Features
We continuously improve the Service.
- •Material calculation changes:Announced with 30 days' notice; where feasible, prior versions remain accessible for 90 days.
- •Beta/Experimental features:Clearly labeled; not recommended for legally critical filings.
13) Liability
To the extent permitted by applicable law:
- •We are not liable for indirect, incidental, special, consequential, punitive damages, or lost profits/revenue/data.
- •Our aggregate liability for all claims in the preceding 12 months is limited to the greater of: (a) fees you paid to us in that period, or (b) US$2,500.
- •Mandatory consumer rights (e.g., EU/UK) are not excluded. This clause does not limit liability that cannot be limited by law.
- •Insurance disclosure:Presence Proof maintains or is in the process of obtaining Errors & Omissions (E&O) insurance for software-related claims. This does not expand the limitations above but reflects our commitment to professional standards.
14) Government & Law-Enforcement
See Privacy Policy §9 for our request-handling, user notice, and transparency report. Nothing here requires you to provide device access, passwords, or unrelated accounts.
15) Dispute Resolution; Governing Law; Arbitration
- •U.S. users:Delaware law (excluding conflicts rules). Disputes are resolved by binding arbitration administered by the AAA; class actions and jury trials are waived. You may opt out within 30 days of acceptance by emailing legal@presenceproof.com with subject "Arbitration Opt-Out."
- •Non-U.S. consumers:Local mandatory consumer protections and venue rules apply; any arbitration/class-action waiver applies only to the extent permitted by local law.
- •Injunctive relief:Either party may seek temporary injunctive relief in court for IP or data-security protection.
16) Changes
We may update these Terms; material changes will be notified in advance (typically 30 days). Continued use after the effective date constitutes acceptance.
17) Miscellaneous
No assignment without consent (except corporate reorganization). If a clause is invalid, the remainder remains effective. No waiver by silence. Headings are for convenience only.