Welcome to the services offered by PresenceLearning, Inc. (“Presence,” “we,” “us,” or “our”). These Standard Terms of Use (“Terms”) govern all individuals (“you” or “user”) access to and use of our websites, platforms, products, tools, and related offerings (collectively, the “Services”). 

Please read these Terms carefully. By accessing or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you should immediately discontinue use of our Services.

Our Services are intended only for users within the United States.

Presence reserves the right at any time, and from time to time, to modify, discontinue, or suspend all or any part of our Services, with or without notice. The most current version of these Terms will supersede all previous versions. We encourage you to periodically review these Terms to stay informed of any updates.

If you have any questions, concerns, or comments regarding these Terms, or if you need to provide any notice with respect to these Terms, you can reach us at:

PresenceLearning, Inc.
530 Seventh Avenue, Suite M1
New York, NY 10018

Attention: Legal Department
Email: legal@presence.com

1. Introduction

These Terms of Use – Websites (the “Website Terms”) govern all users who visit or otherwise interact with our Websites, including any subdomains or mobile versions (collectively, the “Websites”). By accessing or using the Websites, you agree to these Website Terms. These Website Terms do not alter the terms of any other agreement you may have with Presence or any of its affiliates or related entities, including but not limited to, any service agreement, license agreement, or any other agreement(s) between you and Presences.

Our Websites are designed to provide general information about Presence, including, but not limited to, our products and services. If you do not agree to these Website Terms, you must discontinue use of the Websites immediately.

2. Ownership of Website Content

All content, text, images, graphics, logos, button icons, software, design, and other materials accessible on or through the Websites (the “Website Content”) is owned by, or licensed to, Presence and is protected under applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Website Content for your personal, informational, and non-commercial purposes. You may not copy, reproduce, distribute, create derivative works from, or otherwise exploit, the Website Content, except as expressly authorized by Presence in writing.

3. Privacy and Cookies

Presence is committed to respecting your privacy. Our Privacy Policy (and any other applicable privacy notices) describes how we collect, use, and share information about you when you use the Websites. By accessing the Websites, you acknowledge that you have read and understood our privacy practices. We also utilize cookies, web beacons, and similar technologies to enhance user experience, analyze trends, and improve our services. You have the option to adjust your cookie preferences through your browser settings, though some features of the Websites may not function properly if cookies are disabled.

4. Community Boards, Social Media Sites, and Chat Rooms

From time to time, we may offer discussion boards, social media channels, comment sections, or similar community forums (collectively, “Community Features”) on or through the Websites. Your participation in these Community Features is voluntary. However, by choosing to post or submit any material within these Community Features, you agree to the following:

• User Conduct: You will not submit any content or engage in any conduct that is unlawful, defamatory, harassing, threatening, discriminatory, or otherwise harmful. You will not upload or share viruses, spam, or other malicious code.

• License to Content: By posting or submitting content through Community Features, you grant Presence a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, display, modify, and distribute such content in connection with operating and promoting the Community Features or the Websites.

• Monitoring and Removal: Presence reserves the right (but not the obligation) to monitor, remove, or refuse any content for any reason, at its sole discretion. However, we are not responsible for the content posted by users within Community Features.

• No Endorsement: Any opinions expressed in Community Features are solely those of the individuals posting them and do not necessarily represent the views or opinions of Presence.
• Third-Party Chat Hosting: Certain chat channels or messaging functionalities may be hosted by third-party providers (e.g., Salesforce). By using such chat channels, you agree that your communications may be processed and stored by the third-party provider. Presence does not control and is not responsible for that provider’s practices. Please review the provider’s terms and policies, which are accessible on the third-party provider’s website.

You acknowledge that any personal information you share in Community Features may be visible to others. We encourage you to be mindful of what you disclose and to review our Privacy Policy for additional guidance on how we handle user data.

6. DMCA. 

Presence understands the importance of intellectual property rights of others. Please refer to our Copyright Policy. 

7. Third-Party Links, Sites, and Services

The Websites may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Presence. We do not endorse or assume any responsibility for any such third-party websites, information, materials, products, or services. If you access any third-party website, service, or content through our Services, you do so at your own risk, and these Terms and our Privacy Policy do not apply to your use of such third-party sites.

8. Children’s Privacy (COPPA)

We operate in compliance with the Children’s Online Privacy Protection Act (as may be amended from time to time, “COPPA”) when collecting, using, or disclosing the personal information of children under 13 (or older if required by state law) in an educational context. We collect and process personal information from or about children only as provided by the school district or other educational agency with which we have a contract (the “School Customer”). The School Customer is solely responsible for obtaining any required parental consent under COPPA or other applicable laws for students who use our services.

Under the “school official” exception in COPPA and similar laws, a school may consent on behalf of parents or guardians for the online collection of personal information from students under its jurisdiction, where the information is used solely for the benefit of the students and the school system. In the provision of our services, we act as a service provider to the School Customer, collecting and processing data only as directed by the School Customer for authorized educational purposes.

The personal information we collect may include, but is not limited to:

• Child’s first and last name;
• Date of birth;
• Parent or guardian’s full name;
• Parent or guardian’s contact information, including an email address;
• Child’s gender;
• Child’s primary language;
• Child’s Individualized Education Program (IEP) details; and
• Child’s disability or behavioral information.

Where applicable and if directed by the School Customer, we may record therapy sessions or the child’s voice during online therapy to support educational or therapeutic interventions. Such recordings are treated as part of the child’s education record and are protected under applicable privacy laws. We do not use these recordings for any purpose other than providing services on behalf of, and at the direction of, the School Customer.

We do not market to children or their parents, nor do we sell data collected or processed in this educational context.

If you have questions about how your child’s information is collected or used, or if you believe a child has provided us with personal information outside of the School Customer relationship, please contact us at legal@presence.com so we can take appropriate steps, which may include correcting, deleting, or disabling access to the information.

9. Disclaimer and Limitation of Liability

The Websites and the Website Content are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. While Presence endeavors to keep the Website Content accurate and up-to-date, we make no representations or warranties regarding the reliability, completeness, or timeliness of any information or materials on the Websites. To the fullest extent permitted by law, Presence and its affiliates disclaim liability for any direct, indirect, consequential, or incidental damages arising from your use of or inability to use the Websites, even if advised of the possibility of such damages.

10. Severability and Waiver

If any provision of these Website Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. The failure by Presence to enforce any right or provision in these Website Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Presence in writing.

11. Governing Law and Disputes

These Website Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the State of New York, without regard to its conflict of law principles. Any dispute concerning these Website Terms shall be resolved in accordance with the dispute resolution provisions outlined in the main body of our overall Terms of Use or, if none apply, in the applicable courts located in New York, subject to any arbitration or alternative dispute resolution requirements stated elsewhere in our Terms.

12. California Resident (CCPA and CPRA Disclosures)

If you are a California resident, you may have certain privacy rights under the California Consumer Privacy Act (“CCPA”) and the California Privacy Rights Act (“CPRA”), including the right to request access to, correct, or delete your personal information, and the right to opt out of the sale or sharing of your personal information (if applicable). You may also report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs:

1625 North Market Blvd., Suite N 112Sacramento, CA 95834

Telephone: (800) 952-5210

For more information on your California privacy rights and how to exercise them, please review our Privacy Policy or contact us at legal@presence.com.