School District Customer Terms of Use

1. Introduction

These School District Terms apply to any school district or educational agency (collectively, “School Customers”) that engages Presence to provide special education or related services through the Presence proprietary platform (the “Presence Platform”). These School District Terms supplement any agreement, contract, or purchase order between Presence and the School Customer (the “Contract”). If there is any conflict between these School District Terms and the Contract, the terms of the Contract will prevail.

2. Services Offered

Presence partners with School Customers to deliver teletherapy, counseling, and other special education-related services (collectively, the “School Services”). All clinicians who provide such Services (collectively, “Clinicians”) possess the necessary state licensure and certifications required by the jurisdiction in which the student resides. The Presence Platform enables secure, online therapy sessions and administrative functionalities for both clinicians and school administrators, and it complies with applicable laws such as the Family Educational Rights and Privacy Act (as amended from time to time, “FERPA”).

3. FERPA and Data Protection

All student data processed through the Presence Platform in connection with services provided to School Customers is considered “education records” under FERPA, and School Customers are the primary custodians of such data. We act as a “school official” under FERPA, using student data only for authorized educational purposes, and we never sell or otherwise use student data for marketing. We maintain a secure, encrypted environment with restricted access controls. Student data is typically retained for up to seven (7) years unless otherwise specified in the Contract or as required by law. School Customers may request deletion or export of student data at any time through a designated process or in accordance with the provisions of their Contract. For more information, please visit our FERPA Policy.

4. Access and Accounts

School administrators will receive login credentials to create or manage user accounts for authorized school staff. Students do not create individual accounts; instead, in most cases, a designated school staff member or primary support person (“PSP”) will use a secure link to grant students access to the virtual therapy room. In mental health sessions, the PSP may remain nearby during the session but not within earshot to protect student privacy. Presence relies on School Customers to ensure that all necessary parental consents under COPPA and FERPA have been obtained for students under the age of 13 (or any other relevant age threshold).

5. Multi-Factor Authentication (MFA)

5.1 MFA Requirement. To protect access to the Presence Platform and safeguard student education records, Presence may require School Customers and authorized school staff to enroll in multi-factor authentication (“MFA”) as a condition of account access. MFA requires users to verify their identity using a second factor in addition to their username and password at the time of login.

5.2 Consent and Enrollment. If You or Your authorized staff elect to use SMS-based MFA (“Verify by Text”), the following terms apply:

By providing a mobile phone number and selecting SMS authentication, the user consents to receive transactional and informational SMS messages from Presence for the purposes of account security and login verification.

Message frequency will vary based on login activity.

Message and data rates may apply, depending on the user’s mobile carrier plan.

Mobile phone numbers collected for MFA purposes will not be shared with third parties for marketing or promotional purposes.

Users may opt out of SMS authentication at any time by replying STOP to any verification message or by updating their authentication method in account settings. For assistance, users may reply HELP or contact Presence at asksupport@presence.com.

Opting out of SMS authentication does not terminate the user’s account but may require enrollment in an alternative MFA method to maintain platform access.

5.3 Alternative Authentication Methods. Presence may offer alternative MFA methods, such as authenticator applications. Where available, Presence encourages the use of app-based or phishing-resistant authentication methods, consistent with guidance from the Cybersecurity and Infrastructure Security Agency (CISA).

5.4 School Customer Responsibility. School Customers are responsible for ensuring that authorized staff members who enroll in SMS-based MFA do so using phone numbers they
personally control and that are not shared with students or other unauthorized parties. School
Customers shall communicate MFA enrollment requirements to their staff and ensure that login credentials, including MFA methods, are not shared between users.

5.5 FERPA Consideration. MFA enrollment data, including phone numbers provided solely for authentication purposes, is collected and used by Presence in its capacity as a “school official” under FERPA and is not used for any purpose beyond account security and login verification.