Terms of Service
Last updated: November 17, 2020.
Digital Prezence, LLC ("Digital" or “we”) is the owner and operator of Prezence.com (the “Website”). Digital provides a software solution to aid in the execution of influencer marketing campaigns (collectively, the “Services.”) The Website includes all pages under the Website’s domain uniform resource locator (URL) and any related resources. Any access or use of the Website constitutes acceptance of these Terms of Service and the terms and conditions contained herein (the "Agreement") and constitutes a binding and enforceable agreement between you the Website user, including but not limited to any “influencer” or “client” (the “User” or “you”) and Digital. By using the Website, you acknowledge that you have fully read and agree to be bound by the provisions of this Agreement. If you do not agree to be bound by this Agreement in its entirety, then you must immediately stop using the Websites. If you are a client and click on “Agree and Continue” on our Website to accept Digital's standard Terms of Service during the log-in process for our Services, this Agreement exists and is enforceable between you and Digital. If you are an influencer, once you click ” Submit” on the Application provided to you on our Website to accept Digital’s standard Terms of Service during the application submission process, this Agreement exists and is enforceable between you, Digital, and the Client as a third-party beneficiary of the Agreement. Our Terms of Service and the Application are the documents establishing the contract between you, Digital, and the Client.
Accessing Your Account
Account Access – During our Service engagement, we will provide you with an access credentials to a personal account on the Site (the “Sign-in” and/or “Account” log-in), thereby allowing you access to your Service offerings through the Website using one computer at a time. By opening up an account you agree to receive communication from Digital Prezence regarding your Account, including email messages about your experience with our service, and features you can use. You can opt out from this communication from your Account.
Account Information – You agree to fully and accurately provide the information requested by us when setting up your Account and to regularly update such information. Your failure to do so can result in the cancellation of your Account and loss of previously purchased and/or future Services. You further agree not to provide User IDs to anyone who is not your employee, and to ensure that all individuals permitted to use the User IDs are aware of and have agreed in writing to comply with the terms of this Agreement.
Product Information – Throughout the Service engagement you will be providing information to better personalize your Service level, and you are legally responsible for all information that is used to create your social media account growth. Digital Prezence is not responsible for the content you provide neither as to the Service engagement nor as to the Account. You are solely responsible for the accuracy and appropriateness of all data and content of your social media account(s), logos and brands; including name, taglines and details. Digital Prezence will not be held responsible for inaccurate information and any potential damages caused by such inaccuracies. You further understand that Digital Prezence can decide not to maintain copies of files featuring these designs and can decline at any stage a request to change information.
Hosting – You hereby grant Digital Prezence a worldwide, royalty-free, non-exclusive license to host your experience with our Services as a case study and warrant that you have all the rights necessary to grant us such license. You are responsible for any content on your user account and/or social media account that can be lost or unrecoverable through your use of the Services. You are encouraged to back up your posted content regularly and frequently.
User Activity – You accept your sole responsibility and legal liability for all of your activities using our Website, including all responsibility for the content you provide or share via the Website. You will not use our Services for any illegal purpose. You are responsible for ensuring that you do not violate the laws of your legal jurisdiction(s), wherever located, whether national, federal, state, local or otherwise, including but not limited to copyright, IP, trademark, design patent and related laws.
Internal Policies – Digital Prezence can determine in its sole discretion whether or not your account is in violation of any of its internal policies. Violation of any of these policies can result in User information tracking by Digital. All information gained from information tracking will be stored to identify the offending User. An offending User may be permanently restricted from holding an account or using the Services. If Digital Prezence reasonably determines that your social media account(s) or User account to our Website is being used for illegal or fraudulent activity, then your account may be immediately terminated. We may also report you to law enforcement officials in the appropriate jurisdictions.
General – You agree to all of the following when using the Website and accepting the Services:
You are at least 18 years of age and will not use the Services or the Website for any unlawful purposes or to conduct any unlawful acts, including fraud, embezzlement, money laundering or to impersonate another person.
You will not access the Services through automated fashions or use the Services if you are located in a country embargoed by the U.S. or are on the U.S. Treasury Department’s list of Specially Designated Nationals.
You will not imply or claim that you are affiliated with or endorsed by Digital Prezence without our express written permission.
You will not access the Services or your account by any means other than through the interfaces provided by Digital Prezence and you will not attempt to or actually override or sabotage our security. You will not attempt or engage in any action that directly or indirectly interferes with or places an unreasonable load upon Digital Prezence infrastructure.
You agree that Digital Prezence will not be responsible for any loss or damage of any sort, directly or indirectly, incurred as a result of using or clicking any third-party links appearing on our Website.
You shall not use the Services in any manner that is: pornographic, sexually explicit, violent, reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
Fees and Taxes
Fee Payments – Certain Services provided to you are subject to the payment of fees by you as determined by Digital Prezence in its sole discretion (the “Service Fees”.) You will be notified of all Service Fees owed for Services provided to you. You are required to pay all Service Fees in advance using a credit card or other form of payment card approved by Digital in its sole discretion. You agree that Digital or third-party payment service providers retained by Digital may store and update your payment card information as Digital deems necessary. You agree that we are authorized to charge you any Service Fees and any applicable taxes levied in connection with your use of the Services using the payment card you provide. You agree to reimburse us for all collection costs and interest for any overdue amounts.
Fee Changes – You understand that additional Services may be introduced in the future and may be subject to additional Service Fees. Digital Prezence reserves the right to change its Service Fees at any time, at its sole discretion, upon notice to you if such change affects existing paid Services being provided to you. If you received a discount for any Service Fees, or any other promotional offer for Services resulting in a discounted Service Fee, Digital Prezence may renew your Services automatically and without notice at the full applicable Service Fee.
Refunds For Erroneous Charges – If you believe that you were charged any Service Fee in error, you may provide a written notice to Digital requesting that the erroneous Service Fee be cancelled. When appropriate, Service Fee cancellations may be performed only up to a period of seven (7) days after the from initial payment date, and only if the Service(s) associated with the Service Fee have not been downloaded or used outside of the Website. Service Fee cancellation requests will be assessed by Digital based upon a number of factors, including, without limitation, violations of this Agreement and improper use of the Services or the Website. One-time Service Fees are not refundable.
Subscription Fee Refunds – If you are dissatisfied with any Services provided in connection with a continuing subscription for Services, whether monthly or annual, you may cancel your subscription and receive a refund of the last paid Service Fee by providing written notice to Digital within seven (7) days of having paid the Service Fee (the “Refund Request Period”). Refund of the Service Fee may be provided only if no analytics or information created using the Services have been downloaded or used outside the platform prior to your refund request. If Digital timely receives the refund notice, the last paid Service Fee will be refunded, and Digital will cancel the Services accordingly. Refund requests received after the Refund Request Period will be denied and all associated Service Fees paid by you are non-refundable and non-cancellable. Additionally, if we find that a refund request has been made in bad faith, or in an illegitimate attempt to avoid payment for Services actually received and used, or that Service associated with the Service Fee has already been downloaded or used outside of the Website, we reserve our right to charge you for all Services actually received.
Taxes and Currencies – All Service Fees on will be calculated and charged in U.S. Dollars, unless specifically stated otherwise in writing by Digital Prezence. You have full and sole responsibility for the payment of all taxes and fees of any nature associated with our Services, including any sales tax associated the purchase of any Services. When purchasing Services, it is your responsibility to decide whether or not sales taxes apply to a sale and to collect, report and remit the correct amounts to the appropriate tax authority. Digital Prezence will not be liable for any taxes or other fees to be paid in accordance with or related to the Services. Any tools provided in connection with the Services indicating estimated taxes due are for illustration purposes only. Digital Prezence can be required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT will be charged to these customers on top of our Service Fees if applicable.
Automatic Subscription Renewals – To avoid interruption in our Services, Digital Prezence will try to automatically renew all applicable subscriptions for Services before expiration (the “Automatic Renewal.”) The renewal period shall be equal in time to your prior subscription period (the “Renewal Period”) and Service Fees will be collected as previously agreed. In connection with any Automatic Renewal, all applicable Service Fees will be charged and collected up to one (1) week prior to the commencement of the Renewal Period. In the event that Digital fails to timely collect any Service Fees owed in connection with an Automatic Renewal, Digital may, but is not obligated to, try and collect at a later time, and/or suspend or cancel your User account, without further notice. The User is solely responsible to ensure a successful renewal of any subscribed Services and hereby waives any and all claims against Digital for the failure to renew any Services of any kind and nature whatsoever.
Chargebacks – The initiation of any chargeback of Service Fees by the User is a breach of this Agreement and any Services provided to the User shall be automatically suspended and/or terminated. Upon suspension or termination, Digital Prezence reserves the right to block the User account and any end files and/or data contained in the User account, including any unfinalized or finalized designs. Access by the User will not be regranted until the User pays any applicable owed Service Fees in full. If you have any questions or concerns regarding a fee payment collection or attempt made by Digital Prezence, we encourage you to first contact Digital before filing a chargeback. Digital Prezence reserves its right to dispute any Chargeback received, and provide the relevant credit company, financial institution or bank with any information proving that the User is responsible for the Chargeback and did authorize the transaction to Digital Prezence.
Design Vouchers – From time to time at its own discretion, Digital Prezence may offer customers an opportunity to purchase Services for a discounted price (the “Discounts.”) Such Discounts may include an expiration date (the “Discount Expiration Date.”) Discounts will not be redeemable after the Discount Expiration Date and Digital Prezence will not offer a refund for any unused discounts after the Discount Expiration Date. All Service Fees paid in connection with any Discount are non-refundable unless charged erroneously. When utilizing a Discount after the date it was initially purchased, you acknowledge that the content and names of any Services, bundled Services, and subscription terms may change over time and therefore not match those originally offered. In such instances you are encouraged to contact Digital Prezence. Digital Prezence, at its discretion will supply you with a Service of similar retail value or offer a refund.
Account Credit – From time to time at its own discretion, Digital Prezence may offer account credit to reward or compensate Users for actions such as referring other Users to the Website and the Services (the “Account Credit.”) An Account Credit may only be used to reduce the price of Services on the Website and cannot be counted towards any transactions outside the Website. Account Credits awarded for User referrals shall expire for lack of use after twelve (12) consecutive inactive months. An inactive month is a month without an invoice billing event. Account Credits are not redeemable after their stated expiration date and the user shall not be otherwise entitled to any refund or compensation for the failure to use or redeem any Account Credit. When utilizing an Account Credit, you acknowledge that the content and names of any Services, bundled Services and subscription terms can change over time and therefore not match the ones originally offered on the Website.
Cancellation by Digital Prezence – This Agreement will remain in full force and effect while you use our Services. We can suspend or terminate your rights to use our Services at any time at our sole and absolute discretion, including, without limitation, for any use of the Website or Services in violation of this Agreement. You understand that any termination of Services can involve deletion of your account, and the deletion of all information related thereto from our live databases.
Cancellation by User – You may cancel your Services at any time by providing written notice to Digital. Cancellation will commence upon Digital’s receipt of your written cancellation notice. You are required to pay any Service Fees owed at the time of cancellation. Service Fees will be refunded, if applicable, subject to the terms of this Agreement.
Governing Law and Jurisdiction. In any proceeding involving, directly or indirectly, any matter arising out of or related to this Agreement or the relationship evidenced hereby or thereby, the parties hereby irrevocably submit to the jurisdiction of any court in Palm Beach county in the State of Florida or the United States District Court for the Southern District of Florida and agree not to raise any objection to such jurisdiction or the laying or maintaining of the venue of any such proceeding in such county. This Agreement shall be governed by and construed in accordance with the Laws of the State of Florida with respect to contracts to be executed and performed within the State of Florida.
Indemnification – You hereby agree to indemnify, defend and hold harmless Digital Prezence and each of its respective officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns from and against any claims, actions, suits, proceedings, losses, liabilities, judgments, settlement amounts, costs and expenses arising out of or relating to your use of the Services or the Website, including, without limitation, all claims relating to your use of your account, logo, branding kit or design resources.
Changes to this Agreement – We can, from time to time, modify parts of this Agreement. We encourage you to frequently check this page for any changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes your acceptance of those changes.
Phone Calls – All phone calls with a Digital Prezence employee can be recorded for quality assurance and can be used for customer support improvement and training purposes at the discretion of Digital Prezence. Digital Prezence will keep all recordings private within Digital Prezence and will contact any client if their recordings are being use. Digital Prezence is obligated to alert clients of recording usage except when abiding by law.
Misc. – If we do not enforce any part of this agreement, it will not be considered a waiver and if any portion of this agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
OUR SITE, SERVICES AND MATERIALS, AND/OR ANY OTHER CONTENT OR PRODUCT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF Digital Prezence SITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Digital Prezence, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. Digital Prezence MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER REGARDING THE ACCURACY OF CONTENT OR DESIGNS. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES AND SITE WILL NOT, IN ANY EVENT, DIRECTLY OR INDIRECTLY BE HELD AGAINST Digital Prezence, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS. Digital Prezence WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN. WE WILL NOT BE HELD ACCOUNTABLE FOR ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, AS WELL AS ANY BUGS, VIRUSES, TROJAN HORSES THAT CAN BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE Digital Prezence PLATFORM. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Digital Prezence IS NOT LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH THE USER. Digital Prezence WILL NOT BE IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. Digital Prezence WILL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY USER CONTENT. Digital Prezence DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY USING OUR BRANDS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE DO NOT MAKE ANY REPRESENTATIONS THAT THE OUR WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THE Digital Prezence SITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH THE LOCAL LAW. NEITHER Digital Prezence NOR ITS THIRD-PARTY CONTENT PROVIDER ARE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH USE OF Digital Prezence (INCLUDING THE USE OF THE BRANDING PRODUCTS AND LOGOS). YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICES AND OUR DESIGNS.
For any questions regarding these Terms of Service, feel free to contact our customer service.