PresenceProof

Terms of Service

Effective Date: October 15, 2025

Legal: legal@presenceproof.com·Privacy: privacy@presenceproof.com·Security: security@presenceproof.com

Terms of Service

Effective Date: October 15, 2025

Contact:

1) Agreement

By accessing or using Presence Proof (the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, you must not use the Service.

The Service is owned and operated by ATXDC LLC, a limited liability company ("ATXDC LLC", "Presence Proof", "we", or "us"). All references to "Presence Proof", "we", or "us" in these Terms mean ATXDC LLC.

By using the Service, you acknowledge and agree that:

  • The Service is an informational and organizational tool only and may contain errors;
  • You are solely responsible for verifying any information or output from the Service before relying on it for tax, immigration, residency, or other legal purposes; and
  • Any use of the Service for legally significant filings or applications is at your own risk.

If you are accepting these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization, in which case "you" and "your" refer to that organization.

Limitation Period. To the maximum extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the cause of action accrues, or such claim is permanently barred.

2) Service Description & Critical Disclaimers

2.1 Nature of the Service

Presence Proof provides software tools to help you manually log travel and calculate physical presence under various rules (for example, U.S. Foreign Earned Income Exclusion (FEIE) 330-day rule, Schengen 90/180 rule, naturalization residency rules, and similar frameworks). The Service may generate views, metrics, reports, and projections based on data you provide and rules we implement.

The Service is designed for informational and organizational purposes only. It is not a substitute for professional advice.

2.2 Not Legal, Tax, or Immigration Advice

THE SERVICE AND ALL OUTPUTS ARE NOT LEGAL, TAX, IMMIGRATION, OR FINANCIAL ADVICE.

We are not a law firm, accounting firm, immigration or tax consultancy, or government agency. Nothing on or in the Service, including any calculation, report, metric, recommendation, or explanatory text, should be considered legal, tax, immigration, or financial advice.

Use of the Service does not create an attorney–client, accountant–client, or other professional relationship, and does not create any fiduciary duty.

2.3 No Guarantee of Outcomes or Acceptance

Use of the Service does not guarantee:

  • Qualification for any tax benefit (including the Foreign Earned Income Exclusion (FEIE) or similar provisions);
  • Approval, renewal, or non-revocation of any visa, residency permit, or citizenship/naturalization application;
  • Admission, re-admission, or non-removal at any border; or
  • Any specific tax, immigration, or residency outcome.

Government authorities (including but not limited to tax authorities, border control, immigration bodies, and consular officials) retain sole discretion over eligibility determinations and may interpret rules differently from the logic implemented in the Service.

We do not guarantee that any report or output will be accepted by any authority as proof of presence, residency, or eligibility.

2.4 Algorithm Limitations

Physical presence and eligibility rules are complex and often involve nuanced interpretations (e.g., transit rules, partial days, sea/air travel, exempt days, time zones, leap years, special categories of presence, and fact-specific exceptions).

The Service uses algorithmic logic that may:

  • Simplify or approximate applicable rules;
  • Omit certain edge cases or special statuses;
  • Reflect a particular interpretation that may differ from that of an authority or adjudicator.

Outputs from the Service are guidelines only and may not match how any particular government, auditor, or officer will interpret your situation.

2.5 User Responsibility for Verification; No Reliance

You are solely responsible for:

  • The accuracy, completeness, and timeliness of all data you enter or authorize us to access;
  • Interpreting and verifying all calculations, metrics, windows, projections, reports, and other outputs from the Service; and
  • Deciding whether and how to use those outputs in any filing, application, or legal context.

YOU AGREE THAT YOU WILL NOT RELY SOLELY ON THE SERVICE FOR ANY TAX RETURN, VISA OR RESIDENCY APPLICATION, NATURALIZATION FILING, OR OTHER LEGALLY SIGNIFICANT SUBMISSION WITHOUT INDEPENDENT VERIFICATION BY A QUALIFIED PROFESSIONAL.

Any reliance on the Service is at your sole risk.

2.6 Regulatory Changes & No Duty to Update

Tax, immigration, and residency laws and policies change frequently and may be inconsistently interpreted and enforced. We may, but have no obligation to, update the Service to reflect such changes.

We do not warrant that our rules, logic, or calculations reflect the most current legal requirements at any given time, nor that we will update the Service promptly or at all in response to changes or new interpretations.

3) Eligibility

You must be at least 18 years old and capable of forming a binding contract under applicable law to use the Service.

You may not use the Service if:

  • You are located in, or a resident of, a jurisdiction where use of the Service is prohibited by law; or
  • You are subject to applicable sanctions or restrictions (e.g., under U.S., EU, UK, or other sanctions regimes).

If you use the Service on behalf of an organization or clients, you represent and warrant that you have appropriate authority and any required agreements or consents.

4) Accounts & Security

You may need an account to use all or part of the Service. You agree to:

  • Provide accurate and complete account information;
  • Keep your login credentials secure and confidential;
  • Not share your credentials or allow others to use your account; and
  • Notify us promptly of any suspected unauthorized access or use.

You are responsible for all activity that occurs under your account, except to the extent caused solely by our gross negligence or willful misconduct.

We may, with or without notice, suspend or terminate your account or access to the Service if we believe:

  • You have violated these Terms or applicable law;
  • Your account is used in a way that creates a security risk or legal risk; or
  • Your account is inactive for an extended period (as permitted by applicable law).

We are not liable for any loss or damage resulting from unauthorized use of your account, except as required by law.

5) Plans, Billing, Fee Changes & Refunds

5.1 Subscriptions & Billing

Paid plans (including Pro or similar tiers) are billed via our payment processor and typically renew automatically at the end of each billing period (monthly or annually), unless canceled in accordance with these Terms.

You authorize us (and our payment processor) to charge the applicable subscription fees, taxes, and any other charges incurred in connection with your account using the payment method you provide.

5.2 Fee Changes

We may change fees for paid plans. Unless otherwise permitted by law, we will provide advance notice (typically at least 30 days) before new fees take effect for your existing subscription. Continued use of the Service after the effective date of a fee change constitutes your acceptance of the new fees.

5.3 Refunds & Cancellations

Except where prohibited by applicable law or as expressly stated below, all fees are non-refundable once charged, and your sole remedy for any billing error is correction of the erroneous amount.

  • EU/UK consumers: If you are an EU/UK consumer, you may have a 14-day right of withdrawal for initial digital-service purchases, subject to applicable consumer-protection rules and any waiver of withdrawal rights you provide when accessing the Service.
  • Annual plans: We may, at our discretion, offer pro-rata refunds within the first 30 days of an initial annual term. After that, cancellation stops future renewals but does not refund any portion of the current term.
  • Monthly plans: Monthly plans are generally non-refundable. You may cancel at any time to prevent charges for the next billing period.

We comply with applicable consumer protection laws. If such laws provide you with additional rights, we do not seek to limit those rights.

6) Acceptable Use

You agree not to use the Service:

  • In violation of any law or regulation;
  • To infringe or misappropriate intellectual property or other rights;
  • To upload or transmit unlawful, defamatory, harassing, fraudulent, or otherwise objectionable content;
  • To introduce malware, viruses, or other harmful code;
  • To attempt to gain unauthorized access to the Service, other accounts, or related systems;
  • To circumvent or attempt to circumvent security, rate limits, or other technical protections;
  • To scrape, spider, or bulk-extract data from the Service without our prior written consent;
  • To misuse professional or advisor features (e.g., by implying certification or endorsement by Presence Proof).

User Responsibility for Data

All calculations and reports produced by the Service depend on the accuracy, completeness, and timing of data you provide or authorize us to access. We do not verify or validate user-submitted or imported data.

We bear no liability for any error, inaccuracy, or omission in outputs caused in whole or in part by incorrect, incomplete, outdated, overlapping, or missing data entries.

We reserve the right to investigate and, where appropriate, suspend or terminate accounts involved in actual or suspected violations of this section.

7) Data Ownership, Licenses & Feedback

7.1 Your Data

"Your Data" means content and data you submit to the Service (such as trips, locations, notes, uploaded documents and evidence, and related metadata).

You retain ownership of Your Data. You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and use Your Data as reasonably necessary to:

  • Provide, maintain, and improve the Service;
  • Operate security and fraud-prevention measures;
  • Comply with legal obligations; and
  • Perform internal analytics and product development in accordance with our Privacy Policy.

We may delete, anonymize, or aggregate Your Data in accordance with our Privacy Policy and applicable law. Except where required by law, we are not responsible for any loss or corruption of data, and you are responsible for maintaining your own independent backups.

7.2 Our IP

All rights, title, and interest in and to the Service (including software, design, code, text, graphics, logos, trademarks, and other content), other than Your Data, are owned by ATXDC LLC (doing business as Presence Proof) or its licensors.

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes in accordance with these Terms. No other rights or licenses are granted by implication or otherwise.

7.3 Feedback

If you submit feedback, ideas, or suggestions about the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, copy, modify, create derivative works based on, and otherwise exploit such Feedback for any purpose, without any obligation to compensate or credit you.

8) Professional / Advisor Use

If you are a CPA, attorney, tax advisor, immigration consultant, financial advisor, or other professional using the Service for or with clients:

  • You represent and warrant that you have all necessary consents, authorizations, and agreements with your clients to use the Service on their behalf;
  • You remain solely responsible for your professional services, advice, and compliance with applicable ethical and regulatory obligations;
  • You may not represent or imply that Presence Proof is certified by, endorsed by, or a substitute for legal, tax, or immigration advice from a qualified professional or for any government authority.

Indemnification for Professional Use

Without limiting Section 13, you agree to defend, indemnify, and hold harmless ATXDC LLC (doing business as Presence Proof) and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your professional services, advice, recommendations, or filings made using or referencing the Service or its outputs;
  • Your clients' use of or reliance on Service outputs; or
  • Any allegation that your use of the Service violated your professional, contractual, or regulatory obligations;

except to the extent such claims arise solely and directly from a defect in the Service that we have acknowledged in writing.

9) Availability & Force Majeure

The Service may be unavailable, slow, or interrupted from time to time due to maintenance, upgrades, technical issues, or events beyond our reasonable control.

We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, and we do not guarantee any particular uptime or availability metrics in these Terms.

Except where prohibited by law, your sole remedy for any unavailability of the Service is to stop using the Service.

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to: internet or hosting provider outages, acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, regulatory or governmental actions, or failures of third-party services.

10) Portability, Suspension & Termination

10.1 Data Portability

We may offer tools to export some or all of Your Data (for example, CSV, JSON, or PDF exports). On cancellation or termination of your account, we may make export functionality available for a limited period as described in the Service or our Privacy Policy, after which Your Data may be deleted or irreversibly anonymized.

We are not responsible for failures in export initiated by you, for supporting any particular export format, or for any issues you encounter importing exports into other systems.

10.2 Suspension & Termination

We may suspend or terminate your access to the Service, or close your account, at any time:

  • For actual or suspected violation of these Terms or applicable law;
  • For security reasons or risk to the Service or other users;
  • If required by law or government order; or
  • In our reasonable discretion, with or without cause, subject to applicable law.

You may stop using the Service at any time and may cancel paid subscriptions via your account settings or the method described in the Service.

Certain obligations and provisions (including but not limited to payment obligations, IP restrictions, disclaimers, limitations of liability, indemnities, and dispute-resolution terms) will survive termination or expiration of these Terms.

We are not liable for any loss of access to the Service or Your Data resulting from suspension, termination, or expiration, provided we complied with any applicable legal requirements and our Privacy Policy.

11) Warranties & Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND WE MAKE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, WE SPECIFICALLY DISCLAIM:

  • ACCURACY. WE DO NOT WARRANT THAT ANY CALCULATIONS, OUTPUTS, REPORTS, METRICS, WINDOWS, FORECASTS, OR OTHER INFORMATION PROVIDED BY THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR ERROR-FREE.
  • LEGAL COMPLIANCE. WE DO NOT WARRANT THAT USE OF THE SERVICE WILL RESULT IN COMPLIANCE WITH ANY TAX LAW, IMMIGRATION REGULATION, VISA REQUIREMENT, RESIDENCY RULE, NATURALIZATION STANDARD, OR OTHER LEGAL OBLIGATION.
  • FITNESS FOR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE IS FIT OR SUITABLE FOR ANY PARTICULAR FILING, APPLICATION, AUDIT, OR COMPLIANCE PURPOSE.
  • MERCHANTABILITY & NON-INFRINGEMENT. WE DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  • UNINTERRUPTED OPERATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE FROM DEFECTS, VIRUSES, OR OTHER HARMFUL COMPONENTS.

DATA ACCURACY. The Service processes data you provide or authorize us to access. We do not verify or guarantee the accuracy of user-submitted or imported data. Outputs are only as accurate as the inputs provided.

REGULATORY CHANGES. Tax, immigration, and residency laws and policies change frequently. We do not warrant that our rules, logic, or calculations reflect the most current legal requirements, guidance, or interpretations.

Nothing in these Terms is intended to exclude or limit any warranties or rights that cannot be excluded or limited under applicable law (for example, certain consumer rights in the EU/UK).

12) Product Changes, Calculation Updates, Beta & OCR Features

12.1 Product Changes & Calculation Methodology

We may modify, update, or discontinue parts of the Service at any time, including adding or removing rules, metrics, or modules.

We may publish or reference high-level descriptions of our calculation logic (e.g., on a "Calculation Methodology" page). Such documentation is for transparency only and does not constitute a warranty of accuracy or completeness. Rules may be simplified, may not reflect the most recent changes, and may not account for all exceptions, special cases, or circumstances that apply to you.

We may, but are not obligated to, notify you of material changes to calculation logic.

12.2 Beta / Experimental Features

Features labeled or described as "Beta," "Preview," "Experimental," or similar (collectively, "Beta Features") are provided for testing and feedback purposes only. Beta Features may:

  • Be incomplete, unstable, or contain errors;
  • Change or be discontinued at any time;
  • Not be covered by any support or availability commitments.

You agree not to use Beta Features for any legally critical filing, application, or decision. Your use of Beta Features is entirely at your own risk.

12.3 Document Processing, OCR & Evidence Handling

If the Service offers optical character recognition (OCR), document parsing, or automated data extraction, such features are provided for convenience only. We do not warrant the accuracy or completeness of extracted or processed data.

You are solely responsible for:

  • Reviewing and verifying any extracted data;
  • Maintaining original documents and independent records; and
  • Determining whether any generated report or evidence summary is suitable for your intended use.

Reports generated by the Service are summaries of Your Data processed through our logic. They do not constitute legal documents, professional opinions, or certified records, and are not verified by any authority.

13) Liability

13.1 Exclusion of Certain Damages

To the maximum extent permitted by applicable law, in no event shall ATXDC LLC (doing business as Presence Proof) or its affiliates, officers, directors, employees, or agents be liable for any:

  • Indirect, incidental, special, consequential, punitive, or exemplary damages;
  • Loss of profits, revenue, business, goodwill, or data; or
  • Business interruption or other commercial damages or losses,

arising out of or in connection with the Service or these Terms, even if we have been advised of the possibility of such damages.

Without limiting the foregoing, and to the maximum extent permitted by law, we shall have no liability whatsoever for:

  • Any denial, loss, or reduction of tax benefits (including disqualification from or reduced eligibility for the Foreign Earned Income Exclusion or similar provisions);
  • Any penalties, interest, back taxes, or other amounts assessed by any tax authority;
  • Any denial, delay, revocation, or other adverse decision relating to visa applications, residency permits, citizenship or naturalization applications, or entry into or removal from any country;
  • Any immigration or border consequences, including but not limited to entry bans, deportation, or refusal of admission;
  • Any decisions or actions taken by government authorities based in whole or in part on information you submitted, whether or not such information relied on Service outputs;
  • Any consequences of your failure to seek or follow advice from appropriately qualified professionals;
  • Any errors, omissions, or inaccuracies in data you provided or authorized us to access, or in any failure by you to maintain your own independent records.

13.2 Aggregate Liability Cap

To the maximum extent permitted by law, our aggregate liability for all claims arising out of or relating to the Service or these Terms in any twelve (12) month period shall be limited to the lesser of:

  • The total amount of fees you actually paid to us for the Service during that 12-month period; or
  • US$500.

If you use the Service for free (without paying fees), our liability shall be limited to US$50.

The limitations in this Section 13 apply whether the alleged liability is based on contract, tort (including negligence), strict liability, or any other basis, even if we have been advised of the possibility of such damages and even if any limited remedy fails of its essential purpose.

13.3 Non-Excludable Liability

Nothing in these Terms is intended to exclude or limit liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

14) Third-Party Services

The Service may integrate with or link to third-party services, products, or content (for example, payment processors, cloud storage, email, calendar, or identity providers).

We do not control and are not responsible for:

  • The availability, security, or performance of third-party services;
  • The accuracy, completeness, or legality of content provided by third parties; or
  • Any terms, policies, or practices of third-party providers.

Your use of any third-party service is governed solely by that provider's terms and policies. We are not liable for any loss or damage arising from your use of third-party services.

15) Government & Law-Enforcement Requests

We may receive requests from government or law-enforcement authorities for information about users or accounts. Our handling of such requests is described in our Privacy Policy, as updated from time to time.

We may disclose information if we believe in good faith that such disclosure is reasonably necessary to:

  • Comply with legal obligations, court orders, or lawful requests;
  • Protect the rights, property, or safety of ATXDC LLC (doing business as Presence Proof), our users, or the public; or
  • Detect, prevent, or address fraud, security, or technical issues.

We are not responsible for any consequences to you arising from our good-faith compliance with lawful requests, to the extent permitted by law.

16) Dispute Resolution; Governing Law; Arbitration

16.1 U.S. Users

If you are located in the United States, these Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, excluding its conflict-of-laws rules.

Binding Arbitration & Class-Action Waiver

Except as provided below, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its applicable rules.

To the maximum extent permitted by law, you and ATXDC LLC (doing business as Presence Proof) agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

You may opt out of arbitration within thirty (30) days of first accepting these Terms by sending an email to legal@presenceproof.com with the subject line "Arbitration Opt-Out" and your name and account email in the body.

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect its intellectual property or data-security interests.

16.2 Non-U.S. Consumers

If you are a consumer located outside the United States, mandatory consumer-protection laws and venue rules in your country may apply and may not be varied by contract. To the extent permitted by local law, these Terms are governed by the laws of Delaware, USA, without regard to its conflict-of-laws rules.

Any dispute-resolution provisions (including arbitration or class-action waivers) apply only to the extent permitted by your local law.

17) Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice in a manner we consider reasonable (for example, by email, in-app notice, or on our website), typically at least 30 days before the changes take effect, unless immediate changes are required by law or for security reasons.

Your continued use of the Service after the effective date of updated Terms constitutes your acceptance of those Terms. If you do not agree to the updated Terms, you must stop using the Service and cancel any paid subscriptions.

18) Miscellaneous

  • No Assignment Without Consent (with limited exception). You may not assign or transfer these Terms or your rights and obligations under them without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets without your consent.
  • No Waiver. Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.
  • Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
  • Headings. Headings are for convenience only and do not affect interpretation.
  • Entire Agreement. These Terms, together with the Privacy Policy and any other policies or supplemental terms referenced herein, constitute the entire agreement between you and Presence Proof regarding the Service and supersede all prior or contemporaneous agreements, understandings, or communications.
  • No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights, except as expressly stated.
  • Survival. Provisions that by their nature should survive termination or expiration (including, without limitation, payment obligations, IP restrictions, disclaimers, limitations of liability, indemnities, and dispute-resolution provisions) shall survive.

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