Terms of service
Contents
- Definitions
- Prezent Product
- Fees
- Proprietary Rights and Confidentiality
- Warranties and Disclaimers
- Indemnification
- Limitation of Liability
- Termination
- General
- Contact Us
Terms of Service
This Agreement is entered into between Prezent Inc. (“Prezent”) and your organization (“Customer”) as of the Effective Date (as defined below). If the individual accepting this Agreement is accepting on behalf of a company, government agency, or other legal entity, such individual represents that they have the authority to bind such entity and its Affiliates to this Agreement, in which case the term “Customer” shall refer to such entity and its Affiliates. If the individual does not have such authority, or if the individual does not agree with the terms and conditions of this Agreement, such individual must not accept this Agreement and may not use the Prezent Product.
- Definitions
- Affiliates: An entity that directly or indirectly controls, is controlled by, or is under common control, meaning beneficial ownership of 50% or more of voting power or equity.
- Confidential Information: Any information marked or understood to be confidential, excluding what is already public, known without restriction, properly disclosed by others, or independently developed without use of disclosing party’s info.
- Documentation: Printed and digital instructions, online help, technical documentation, manuals provided by Prezent.
- Effective Date: The date the Agreement is executed, by Order Form, access/use of service, or clicking “Accept and Get Started” for a free trial.
- Order Form: Document specifying Prezent Product, pricing, references this Agreement, mutually executed.
- Prezent Product
2.1 Provision: Prezent grants Customer a non‑exclusive right to access and use the Prezent Product per this Agreement and Order Form, for creating, uploading, storing, sharing presentations.
2.2 Customer Content:
(a) All uploaded electronic content is “Customer Content.”
(b) Customer owns all Customer Content; Prezent makes no ownership claim.
(c) Customer is responsible for all content, permissions, copyrights, legality.
(d) Sharing content allows others to access/use at their discretion.
(e) Customer grants Prezent the right to process content as necessary for service delivery or legal compliance.
2.3 Data Security:
(a) Prezent maintains industry‑standard security to ensure integrity and confidentiality of Customer Content. Staff access only to provide services, upon legal requirement, or with permission. Protections won’t be diminished during term.
(b) If processing GDPR personal data, parties will sign Data Processing Addendum.
(c) Customer may choose what data to upload; must ensure no infringement.
(d) Prezent may remove content if it violates terms or law (e.g., illicit, infringing, harmful).
2.4 Customer Limitations: Customer shall not:
(a) Reverse-engineer or modify Prezent Product;
(b) Probe or test security without authorization;
(c) Use product to develop competitor offerings;
(d) Transfer/resell or provide as standalone service;
(e) Mass-download digital assets;
(f) Use automated tools or data mine assets;
(g) Share login credentials irresponsibly;
(h) Use product in an offensive, controversial context;
(i) Use outside scope expressly permitted.
Violation may lead to termination. - Fees
3.1 Customer pays fees per Order Form. Fees quoted in USD, non-cancellable and non-refundable for partial months.
3.2 Late Payment: Access may be suspended if payment is more than 5 days late.
3.3 Taxes: Fees exclude taxes; Customer responsible for all applicable taxes except Prezent’s income taxes; no withholding. - Proprietary Rights & Confidentiality
4.1 Prezent owns rights to its Product and Confidential Information; Customer owns Customer Content.
4.2 Feedback: Customer feedback may be used by Prezent without compensation.
4.3 Confidentiality: Each party will use and protect Confidential Information in accordance with this Agreement, only Disclose to necessary personnel or as required by law. Both may share terms with lenders, investors, acquirers under confidentiality. Injunctive relief available. Parties must notify each other of breaches.
4.4 Machine Learning: Prezent does not use customer content to train its ML models.
4.5 Performance Metrics: Prezent may aggregate anonymized performance data for product improvements.
4.6 Third‑Party Services: Use of third-party integrations is subject to their terms and same restrictions. - Warranties & Disclaimers
5.1 Prezent warrants service in professional manner consistent with industry standards. Remedies include re-performance or termination with pro‑rata refund.
5.2 Customer warrants it has rights to its content.
5.3 Disclaimers: Apart from express warranties, both parties disclaim all implied warranties. The Product may have bugs and errors; human intervention may be needed.
5.4 Beta Products: These are provided “as is” with no warranties; either party can terminate access anytime. - Indemnification
6.1 By Prezent: Prezent will defend Customer against IP infringement claims related to authorized use, cover damages or settlements. Conditions: timely notice, Prezent control of defense, Customer cooperation. Prezent may at its option procure rights, modify the product, or terminate with refund. Exclusions include claims due to Customer’s modifications or combination with other services.
6.2 By Customer: Customer will defend Prezent against claims arising from Customer-supplied content or actions. Similar conditions apply. - Limitation of Liability
Except for indemnification, confidentiality breach, or license restriction violations, neither party is liable for indirect, incidental, punitive, special or consequential damages; and direct damages are capped to the fees paid in the prior 12 months (excluding Customer’s payment obligations). - Termination
8.1 Term: Agreement effective from Effective Date until terminated. Order Forms renew automatically unless 30 days’ notice given. Price may increase at renewal.
8.2 Termination: Either party may terminate if no Order Forms are in effect, or for material breach uncured in 30 days, or if the other party enters liquidation or bankruptcy (not dismissed within 60 days).
8.3 Survival: Provisions on restrictions, IP, confidentiality, indemnification, liability, termination, and general terms survive termination. - General
9.1 Export Compliance: Both parties comply with US, EU, and other export laws.
9.2 Publicity: Prezent may mention Customer’s name/trademarks in marketing but not press releases without consent.
9.3 Assignment: No assignments without consent, except to successor in case of asset sale.
9.4 Amendment/Waiver: Changes or waivers only in writing signed by both; failure to enforce a right doesn’t waive it.
9.5 Relationship: Parties are independent; no joint venture or agency.
9.6 Unenforceability: Invalid provisions are severed; rest of Agreement remains effective.
9.7 Governing Law: California law applies, excluding UN Sales Convention.
9.8 Notices: Must be in writing via personal delivery, certified mail, or overnight delivery to addresses in signature blocks or updates.
9.9 Reseller Agreement: Prezent may resell services from OEM providers under their terms; Prezent not liable for OEM services. Customer must seek recourse from OEM.
9.10 Entire Agreement: Constitutes entire agreement, supersedes prior proposals and discussions.
9.11 Force Majeure: Neither party liable for delays caused by uncontrollable events (e.g., natural disasters, cyberattacks, law changes).
9.12 Government Terms: For government entities, use and duplication restricted to Agreement terms.
9.13 Service Capacity: One user per account; overage fees may apply.
9.14 Interpretation: “Including” means “including without limitation.” - Contact Us
For questions regarding these Terms of Service, contact via the form provided on the Prezent site.
