Welcome to Via by Presence (“Via”), services offered and operated by PresenceLearning, Inc. (“Presence,” “we,” “us,” or “our”). These Via terms of use (“Via Terms”) govern your use of Via’s products and services (“Via Services”). By accessing or using Via, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must discontinue use of Via immediately.

If you have any questions, concerns, or comments regarding these Via Terms or Via Services, you can reach us at:

Via by Presence
530 Seventh Avenue, Suite M1
New York, NY 10018
Email: via@presence.com

1. OVERVIEW OF SERVICES

Via offers a full spectrum of evaluation services, ranging from foundational learning profiles to comprehensive neuropsychological assessments. These Via Services are designed to help families understand their children’s learning, developmental, or behavioral needs. Evaluations may be conducted by licensed professionals and may include assessments of cognitive abilities, academic skills, social-emotional functioning, and other relevant areas. Via Services are available to consumers in 48 U.S. states. We do not warrant or represent that the Via Services will be available or appropriate in other states or jurisdictions.

While our licensed professionals conduct thorough evaluations, the information and materials provided through Via are not intended as legal advice or a substitute for medical diagnosis or treatment. Always seek the advice of your physician or other qualified health provider regarding medical conditions or needs.

2. ELIGIBILITY AND PARENTAL ROLE

The Via Services are intended for use by adults (parents or legal guardians) who register on behalf of a child. Children (minors under the age of 18) are not permitted to sign up for Via Services independently.

By creating an account or scheduling an evaluation, you represent and warrant that you are the parent or legal guardian of the child, or otherwise have legal authority to consent to Via Services on the child’s behalf. You are responsible for:

• Providing accurate, current, and complete information during registration.
• Ensuring the child’s participation in the evaluation process as recommended by VIA’s professionals.
• Maintaining the confidentiality of your account credentials and restricting access to your account.

By registering for Via Services, you consent to any required data collection, processing, and communications as described in these Via Terms and our Privacy Policy. You also agree to promptly notify us of any changes to your contact information, legal authority, or the child’s eligibility status.

3. CHILDREN’S PRIVACY AND COPPA COMPLIANCE

Via is intended for use by adults and parents or legal guardians (“Parents”) who seek evaluation services for their children. We comply with the Children’s Online Privacy Protection Act (“COPPA”) by collecting personal information directly from Parents, and only with explicit parental consent for the child.

1. Information We Collect About Children. We may collect the child’s name, date of birth, gender, parent or guardian’s contact information, and other relevant developmental or health-related details necessary to conduct comprehensive evaluations. We do not collect personal information directly from children; any information regarding a child must be provided by the Parent.
2. Parental Consent. Because a Parent must create an account and provide information about the child, we rely on the Parent’s consent to collect and process the child’s personal information. By signing up for our Services and signing a services contract, the Parent affirms that they are legally authorized to provide such information and consent on the child’s behalf.
3. No Marketing to Children. We do not market to children or send them promotional materials. While we may send marketing or promotional communications to Parents about VIA’s services, any child’s information is used solely for delivering and improving the evaluation services.
4. No Data Selling. We do not sell personal information about children. Any child’s data we collect is used strictly to fulfill our contractual obligations with Parents and to provide or improve our evaluation services.
5. Use of Recordings. If our professionals need to record audio, video, or screen-share sessions to conduct or document evaluations, we will request and rely on the Parent’s consent. These recordings are treated as confidential assessment materials and will be stored securely.
6. Parent’s Right to Review or Delete. Parents may request to review, correct, or delete their child’s personal information at any time by contacting us at via@presence.com. We will respond as promptly as possible and comply with all applicable legal obligations.

If you believe we have collected information from a child without parental consent, or have any questions regarding our COPPA practices, please contact us at via@presence.com so we can take appropriate action, which may include correcting or deleting the information.

4. MARKETING COMMUNICATIONS

Via may send marketing emails, newsletters, or other promotional communications to Parents or other authorized adult account holders who opt in to receive such communications. If you do not wish to receive marketing messages, you may opt out by following the unsubscribe link provided in the message or by contacting us directly.

Via does not send marketing communications to children, nor do we permit children to sign up for the Via Services independently.

5. PAYMENTS, FEES, AND REFUNDS

Parents are required to pay fees related to evaluation services as provided in a service agreement signed by the parties. Payments may be processed by third-party payment processors (such as Stripe), and you should review third-party payment processors terms and privacy policies. All the payment data and information You provide to the third-party payment provider is directly to the third-party payment processor and Presence will not collect or store any of Your payment information. In no event is Presence responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages. 

All fees, including evaluation fees or other service-related charges, are non-refundable unless otherwise required by law. If you have questions about refunds or billing, please contact via@presence.com.

6. INSURANCE

Presence does not bill insurance companies for Via services. At Your request, Presence will provide you with a detailed invoice that You can submit to Your insurance provider. We do not guarantee that you will receive any reimbursement. It is Your responsibility to check with your insurance provider for Your coverage and any required documentation.

7. DATA PROTECTION AND PRIVACY

We use personal data (including child data) only to provide and improve Via Services. This may include scheduling evaluations, conducting assessments, analyzing results, and generating reports for Parents. We do not sell or otherwise monetize personal data.

Presence maintains an encrypted, secure environment to protect user data. Access to data is strictly limited to those with a legitimate need to fulfill the Services. Please refer to our Privacy Policy for more information on our data protection practices.

Parents may request access, correction, or deletion of their personal data and their child’s data by contacting us at legal@presence.com. We will respond in accordance with applicable laws.

8. INTELLECTUAL PROPERTY

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, software, and computer code (collectively, “Presence Content”) contained in or made available through Via are owned, controlled, or licensed by Presence or its licensors.

We grant you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Presence Content solely for your personal, non-commercial use in connection with the Via Services.

You may not copy, modify, reproduce, republish, upload, post, display, transmit, distribute, or sell in any way the Presence Content without our prior written consent.

9. DISCLAIMER OF WARRANTIES

Via Services are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

While our licensed professionals strive to provide accurate and beneficial evaluations, we do not guarantee specific outcomes. Any assessment or recommendation is based on the information available at the time of evaluation and should be considered alongside professional judgment and external factors.

10. LIMITATION OF LIABILITY

To the fullest extent permitted by law, Presence’s total liability to you for any claims arising out of or relating to Via Services shall not exceed the amount you paid for the specific Service at issue in the preceding three (3) months.

Presence shall not be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, arising from your use of or inability to use Via Services, even if we have been advised of the possibility of such damages.

11. MISCELLANEOUS.

11.1 Updates to Via Terms. Presence reserves the right to modify, update, or discontinue the Via Services at any time, with or without notice. Presence may modify these Via Terms from time to time, and when that happens the effective date on the top of this page will be updated as notice. You should look at these Via Terms regularly. Unless stated otherwise, the updated Via Terms will be effective immediately upon the effective date shown, and Your continued use of the Via Services will confirm Your acceptance of the changes. If at any point in time You do not agree with these Via Terms You should stop use of the Via Services.

11.2 Assignment. You may not assign or otherwise transfer Your rights and obligation under these Via Terms, in whole or in part, without Presence’s prior written consent, and any attempt to do so will be null and void. Presence may transfer Presence’s rights under these Via Terms to a third party.

11.3 Headings. Headings used in these Via Terms are provided for convenience only and will not be used to construe meaning or intent.

11.4 Force Majeure. Presence is not liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, epidemic, pandemic, labor conditions, power failure, and Internet disturbances.

11.5 No Waiver. Presence’s failure to enforce or exercise any provision of these Via Terms is not a waiver of that provision.

11.6 Arbitration. You agree that any dispute arising out of or related to these Via Terms, or the Via Service shall be resolved by binding arbitration in New York. By agreeing to arbitration, you waive the right to a court or jury trial and to participate in class actions.

11.7 Independent Contractors. The parties are and shall remain independent contractors and nothing in these Via Terms shall be deemed to create any agency, partnership, or joint venture relationship between the parties. Neither party shall be deemed to be an employee or legal representative of the other nor shall either party have any right or authority to create any obligation on behalf of the other party.

11.8 Governing Law. These Via Terms are governed by and construed under the laws of New York State without regard to conflict of law rules. The parties consent to the exclusive jurisdiction and venue of the courts located in and serving New York, New York.

11.9 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.