1. Acceptance of the terms
These Terms & Conditions govern your use of the Presence application and associated website provided by Viraj Patel. By downloading, accessing, or using Presence, you agree to these terms. If you do not agree, do not use Presence.
2. Eligibility and age
Presence is available to users of all ages. If local law requires permission from a parent or guardian for a younger user to accept these terms or use an optional service, Presence may be used only with that permission.
3. License to use Presence
Subject to these terms and applicable App Store terms, the developer grants you a limited, revocable, non-exclusive, non-transferable license to install and use Presence on Apple devices you own or control for its intended purposes.
4. Personal and non-commercial use
Presence is designed as a personal utility. You may not resell, rent, sublicense, commercially exploit, or provide the app as a hosted service without written authorization.
5. User responsibilities
You are responsible for the accuracy and legality of information you enter, protecting your device and credentials, maintaining appropriate backups, reviewing outputs before relying on them, granting permissions thoughtfully, and using Presence safely and lawfully.
6. User-provided content and data
You retain responsibility for notes, records, photos, credentials, links, and other material you provide. You represent that you have the necessary rights to use that material. The app processes this content to provide features you request, subject to the Privacy Policy.
7. Device permissions
Some features require Apple system permissions, including HealthKit, Calendar, Location, Photos, Bluetooth, NFC, notifications, Face ID, Apple Music, widgets, or iCloud. You may deny or revoke permissions, but related functions may be unavailable. You remain responsible for reviewing permission choices in system Settings.
8. Optional third-party services
Optional integrations and content may involve Tesla, Spotify, TMDB, Wordnik, Open Library, Open-Meteo, Apple Music, Apple Maps or MapKit, WeatherKit, websites you open, and other services that may be added or removed. Their terms, privacy practices, availability, accuracy, and charges are controlled by those providers.
9. Health and fitness disclaimer
Stop activity and seek appropriate help if you experience pain, illness, or an emergency. You are responsible for deciding whether an activity or nutritional target is suitable for you.
10. Financial-calculator disclaimer
Results can depend on assumptions, rounding, incomplete entries, and changing conditions. Verify important decisions with authoritative records and qualified advisers.
11. Travel-information disclaimer
12. Tesla, bicycle, navigation, and driving safety
Vehicle status, commands, statistics, Bluetooth accessories, directions, bicycle routes, and ride information may be delayed, incomplete, inaccurate, or unavailable. Remain aware of surroundings, road and trail conditions, equipment limitations, and traffic laws. Obey applicable safety rules and use official vehicle controls when necessary.
13. Availability and changes to features
Presence and any feature, integration, content source, synchronization path, or platform capability may change, become unavailable, or be discontinued. The developer does not promise uninterrupted operation or continued compatibility with every device, OS version, provider, or API.
14. Apple-specific terms
Presence is licensed, not sold, through Apple distribution channels when available. Apple is not responsible for Presence’s content, maintenance, or support except as required by applicable App Store terms. Apple has no obligation to provide maintenance or support for Presence. Nothing on the site or in the app implies Apple endorsement.
Your use must also comply with the applicable Apple Media Services Terms and Usage Rules. A direct Presence App Store listing is not yet available; this section applies when distribution through Apple begins.
15. Intellectual property
Presence, its website, branding, software, design, and original content are owned by the developer or applicable licensors and are protected by intellectual-property laws. These terms do not transfer ownership to you.
16. Prohibited conduct
You may not use Presence to violate law or third-party rights; interfere with security or operation; introduce malicious code; attempt unauthorized access; reverse engineer except where law expressly permits; misuse external APIs; automate abusive requests; or use vehicle, navigation, health, or financial features recklessly.
17. Disclaimer of warranties
To the maximum extent permitted by applicable law, Presence is provided “as is” and “as available,” without warranties of uninterrupted availability, accuracy, fitness for a particular purpose, non-infringement, or error-free operation. Some jurisdictions do not allow certain exclusions, so portions of this section may not apply to you.
18. Limitation of liability
To the maximum extent permitted by law, the developer will not be liable for indirect, incidental, special, consequential, or punitive damages; loss of data, profits, opportunities, or goodwill; personal decisions based on app outputs; or failures of Apple or third-party services. Non-waivable consumer protections and other rights available under applicable law continue to apply.
19. Indemnification
To the extent permitted by applicable law, you agree to defend and indemnify the developer from claims arising from unlawful misuse of Presence, violation of these terms, or infringement of third-party rights.
20. Termination
You may stop using Presence at any time. The developer may suspend or terminate access where permitted if you materially violate these terms or create security, legal, or operational risk. Sections intended by their nature to survive termination remain effective.
21. Applicable law
These terms are subject to applicable law and any non-waivable consumer protections available where you live. These terms do not designate a specific governing jurisdiction, venue, arbitration process, or dispute-resolution forum.
22. Changes to these terms
The developer may update these terms as Presence or applicable requirements change. The effective date will be updated when revisions are published. Continued use after legally effective notice may constitute acceptance where permitted.
23. Severability and entire agreement
If a provision is found unenforceable, it will be limited or removed to the minimum extent necessary and the remainder will continue in effect. These terms, the Privacy Policy, and applicable Apple terms form the agreement concerning Presence, unless another written agreement applies.
24. Contact information
Questions about these terms or requests for support can be directed to:
Viraj Patelviraj13_2000@yahoo.com