Presently presently

Terms of Service

Last Updated: December 1, 2025

These Terms of Service ("Terms") govern your access to and use of Presently ("Presently", "we", "us", or "our") studio management software and related services (collectively, the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

If you are using the Service on behalf of a company, studio, or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "you" and "Customer" refer to the organization.

1. Description of Service

Presently provides studio management software for studios and similar organizations, including tools for student enrollment, class scheduling, billing, and communications (the "Service"). We may update, modify, or enhance features of the Service from time to time.

2. Account Registration & Security

You must create an account to use most features of the Service and must provide accurate and complete information.

You are responsible for:

  • Maintaining the confidentiality of your login credentials; and
  • All activities that occur under your account, whether or not authorized.

You agree to notify us promptly of any unauthorized access or suspected breach of security.

3. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation;
  • Upload, transmit, or store any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable;
  • Upload malicious code, viruses, or other harmful software;
  • Attempt to gain unauthorized access to the Service or related systems;
  • Interfere with or disrupt the integrity or performance of the Service;
  • Send spam or other unsolicited communications.

We may suspend or terminate your access to the Service if, in our reasonable judgment, you violate these Terms or pose a risk to the Service or other users.

4. Fees, Billing, and Taxes

4.1 Subscription Fees

Access to the Service is provided on a subscription basis. Subscription fees and plan details are described at the time of signup or within your account.

4.2 Automatic Plan Adjustments

Your plan may automatically adjust based on student or account usage (for example, number of active students). You authorize us to charge your payment method for subscription fees associated with your usage.

4.3 Billing

Unless otherwise stated, fees are billed monthly in advance and are non-refundable except where required by law. If you cancel, you will retain access until the end of your current billing period, and no further fees will be charged.

4.4 Payment Methods

You must provide a valid payment method and keep it up to date. If we cannot charge your payment method, we may suspend or limit your access to the Service until payment issues are resolved.

4.5 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, VAT, and other taxes associated with your use of the Service, except taxes based on our net income.

4.6 Price Changes

We may change our fees and pricing from time to time. We will provide advance notice of any price changes that apply to you, usually by email or through the Service. Your continued use of the Service after a price change becomes effective constitutes your agreement to the new fees.

5. Term, Suspension, and Termination

5.1 Term

These Terms remain in effect while you have an account or continue to use the Service.

5.2 Your Right to Cancel

You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period.

5.3 Our Right to Suspend or Terminate

We may suspend or terminate your access to the Service if:

  • You fail to pay any amounts due;
  • You violate these Terms or applicable law;
  • Your use of the Service presents a security risk or may cause harm to us or others.

To the extent reasonable, we will provide notice before suspension or termination, except where immediate action is required.

5.4 Effect of Termination

Upon termination, your right to access and use the Service will cease. We may retain your data for a limited period for backup, audit, or legal purposes. We have no obligation to maintain or provide your data after a reasonable retention period, except as required by law.

You are responsible for exporting any data you wish to retain before termination where possible.

6. Customer Data & Privacy

6.1 Ownership of Data

You retain all rights, title, and interest in and to the data you upload or submit to the Service, including student, family, class, and billing information ("Customer Data").

6.2 License to Use Customer Data

You grant us a non-exclusive, worldwide, royalty-free license to host, use, process, store, and display Customer Data solely as necessary to provide, maintain, and improve the Service and as otherwise permitted by these Terms.

6.3 Aggregated and Anonymized Data

We may create and use aggregated and/or anonymized data derived from Customer Data and your use of the Service for purposes such as analytics, benchmarking, and improving the Service, provided that such data does not identify you or any individual.

6.4 Data Sharing and Subprocessors

We will not sell your Customer Data. We may share Customer Data with third-party service providers (for example, hosting providers, email providers, or payment processors) as reasonably necessary to provide the Service, subject to appropriate contractual protections.

6.5 Privacy Policy

Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Intellectual Property

7.1 Our IP

We and our licensors own all rights, title, and interest in and to the Service, including all software, technology, designs, trademarks, logos, and other intellectual property, except for Customer Data.

7.2 License to You

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes.

7.3 Restrictions

You may not:

  • Copy, modify, or create derivative works of the Service;
  • Reverse engineer, decompile, or attempt to extract the source code of the Service, except as permitted by law;
  • Resell, rent, lease, or sublicense the Service to third parties;
  • Remove or alter any proprietary notices.

8. Third-Party Services

The Service may integrate with or allow access to third-party services (for example, payment processors or messaging platforms). Your use of third-party services may be subject to separate terms and policies. We are not responsible for third-party services and disclaim all liability arising from your use of them.

9. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure, or that it will meet your specific requirements.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Presently and our officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your use of the Service;
  • Your violation of these Terms; or
  • Customer Data, including any allegation that Customer Data infringes or misappropriates the rights of a third party or violates applicable law.

12. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date above and may provide additional notice (such as via email or a notice in the Service).

If you continue to use the Service after the updated Terms become effective, you agree to be bound by the updated Terms. If you do not agree, you must stop using the Service.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to its conflict of laws rules.

You agree that any disputes arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Pennsylvania, and you consent to the personal jurisdiction and venue of those courts.

14. Miscellaneous

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15. Contact

If you have questions about these Terms, please contact us at:
Email: support@usepresently.com

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