Terms of Service

1. OUR SERVICE

The Service is a wellness and self-regulation application that helps users understand and work with their nervous system through guided protocols, reflective exercises, educational content, and progress tracking. The Service is organized around life situations and nervous-system states, and is designed for personal users (including survivors and caregivers) as well as professionals using it in their practice.

A. Subscription Tiers.

Access to certain features, content, and locked modules within the app requires an active, paid subscription tier. Individual subscriptions are purchased exclusively through our website; the mobile application functions as a reader for active subscribers and does not process purchases directly. The available tiers include:

• •Focused Path: core protocols and session tracking for personal or caregiver use
• •Whole Life Path: both personal and caregiver paths with advanced analytics and co-regulation tools
• •Circle of Care: includes the features of Whole Life plus linked accounts and shared dashboard access

B. Institutional and Enterprise Licensing.

Organizations (including schools, clinics, therapy practices, nonprofits, and similar entities) may license seats for their clinicians, staff, or faculty, or sponsor access for individual users through specific enterprise arrangements. Any organization utilizing enterprise arrangements agrees that seats are assigned to individual, uniquely identified users and may not be shared, pooled, or transferred between multiple individuals simultaneously without the express written permission of the Company. All users accessing the platform via an organizational or enterprise arrangement remain fully bound by the individual eligibility, age, and data safety provisions outlined in Section 3 of these Terms.

2. IMPORTANT: NOT MEDICAL, MENTAL HEALTH, OR EMERGENCY CARE

THIS SERVICE IS A SELF-GUIDED WELLNESS AND EDUCATION TOOL ONLY. IT IS NOT A MEDICAL DEVICE, A MENTAL HEALTH TREATMENT, A SUBSTITUTE FOR PROFESSIONAL MEDICAL OR MENTAL HEALTH CARE, OR A CRISIS SERVICE.

• •No Clinical Utility: The Service does not diagnose, treat, cure, or prevent any condition.
• •Educational Nature: “Nervous system states,” protocols, and suggestions provided by the Service are educational and reflective in nature, not clinical assessments, therapeutic interventions, or medical advice.
• •Seek Professional Advice: Always seek the advice of a qualified health professional with any questions about a medical or mental health condition. Never disregard or delay seeking professional advice because of something you read or experience in the Service.
• •In an Emergency: If you are in crisis, experiencing thoughts of self-harm or harming others, or believe someone is in danger, contact your local emergency services immediately (such as dialing 911 or calling/texting the 988 Suicide & Crisis Lifeline). While the Service may surface regional crisis resources based on your inputted jurisdiction, it is completely automated and is not a substitute for active emergency medical care.
• •Assumption of Risk: By utilizing any protocol or suggestion within the app, you explicitly acknowledge that you are doing so at your own independent discretion and sole risk, subject to the Limitation of Liability section of these Terms.
• •School Use Limitations: For any student accounts created via an Educational Institution subscription, this Service remains an educational self-guided tool and is not a clinical resource, school counseling substitute, or medical monitoring device.

3. AGE REQUIREMENTS AND MINORS

A. Eligible Age Groups.

The Service is designed and intended for users six (6) years of age and older, spanning child, teen, and adult age groups. By accessing or using the Service, you represent that you fall within these permitted age tiers. The Service is not intended for, or directed to, children under the age of five (5).

B. Co-Use, “Kids Mode,” and Parental PIN Security (Ages 6 and 7).

For young children ages six (6) and seven (7), the Service provides a specialized, locked environment known as “Kids Mode.” This feature operates strictly within the primary parent or legal guardian’s account on the parent’s physical device and is legally intended exclusively for joint use by the child and parent together.

To prevent unauthorized access to adult features or independent navigation, a secure Parental Personal Identification Number (“Parental PIN”) is strictly required to exit Kids Mode and return to Adult Mode. As the parent or legal guardian, you are solely responsible for maintaining the confidentiality of this Parental PIN. By activating Kids Mode, you agree to actively supervise your child during their interaction with the app and ensure the Parental PIN is never shared with or bypassed by a minor.

C. Onboarding Parent Consent Gate (Users Under 13).

In compliance with the Children’s Online Privacy Protection Act (“COPPA”) and applicable youth data protection frameworks, children under the age of thirteen (13) may only access and use the Service with verifiable parental or guardian consent. The Service enforces this standard through a mandatory parental consent gate directly within the app’s onboarding workflow. If you are a parent or legal guardian allowing a minor under 13 to access the Service or use it via Kids Mode, you must complete the onboarding consent verification, and you agree to remain fully bound by these Terms regarding their usage.

D. Teen Users (Ages 13–17).

Users between the ages of thirteen (13) and eighteen (18) require parental or guardian review and consent to use the Service where required by local law. If you are a minor under 18, you represent that your parent or legal guardian has reviewed and explicitly agreed to these Terms on your behalf.

E. Data Minimization and Privacy Optimization.

To maximize youth privacy and maintain strict data minimization standards, the Service does not collect or store a user’s exact date of birth within our servers. Instead, the system retains only a minimal, encrypted data token indicating the specific date on which a user transitions between legally mandated consent, content, or feature tiers.

F. Parental Control and Deletion Rights.

In accordance with federal privacy frameworks, the absolute right to review, modify, or request the permanent deletion of a minor’s profile information belongs exclusively to the parents or legal guardians of children under the age of thirteen (13). If you are a parent or guardian of a child under 13 who has submitted information via our onboarding gate or Kids Mode, you may request its immediate deletion from our active servers by contacting us at support@inpresence.app. For independent users ages thirteen (13) and older, account modification and data deletion requests must be initiated directly by the account holder.

For independent users ages thirteen (13) through seventeen (17), data modification and erasure rights are natively held by the minor account holder. However, the Company recognizes that certain state jurisdictions extend comprehensive privacy protections and heightened parental consent requirements to minors under the age of eighteen (18) (including, but not limited to, laws in Illinois, California, and Utah). The Company strictly complies with these local state frameworks by universally implementing enhanced default privacy settings, strict data minimization, and automated opt-out safety mechanisms for all users identified as minors under 18 based on their registered jurisdiction.

G. School and Educational Institutional Use.

Where an educational institution or school district (an “Educational Institution”) purchases a corporate or institutional subscription to the Service for classroom or educational use, the Educational Institution may act in loco parentis (in the place of a parent) and provide consent on behalf of the parents or legal guardians of students under thirteen (13) years of age.

The Educational Institution represents and warrants that it possesses full legal authority under applicable federal frameworks to grant such consent. For any accounts created via an Educational Institution subscription, the Company agrees to strictly limit the processing of student data to educational operations only, in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and the Family Educational Rights and Privacy Act (“FERPA”).

4. ACCOUNTS AND SECURITY

A. Account Creation.

You create an account by completing our registration workflow, starting a subscription tier on our website, or redeeming an authorized demo code, followed by verifying your email address. Where available, you may also authenticate and sign in using third-party single sign-on providers (such as Apple or Google Sign-In). You explicitly agree to provide completely accurate, truthful, and up-to-date information during registration and to maintain the accuracy of your account details current at all times.

B. Account Security and Device Locks.

You are solely responsible for maintaining the strict confidentiality of your login credentials and for any and all activity that occurs under your account. The Service offers optional native privacy lock features, including a secure Personal Identification Number (PIN), biometric authentication, and custom timeout settings; you are strongly encouraged to enable these features on shared or household devices.

Professionals, clinicians, and institutional administrators are subject to mandatory automated session timeouts to maintain regulatory compliance. If you believe your account security has been compromised, you must notify the Company immediately at support@inpresence.app

C. Eligibility, Transfers, and Seat Restrictions.

To independently create an account, you must be able to form a legally binding contract under applicable jurisdiction laws and meet the age parameters outlined in Section 3 of these Terms. Accounts are strictly personal and tied to a single, uniquely identified user; you are expressly prohibited from selling, renting, sharing, pooling, or transferring your account or login access to any other individual or entity.

D. Account Modifications and Permanent Deletion.

You can manage your public display name, notification choices, and security preferences at any time within the app’s Settings panel. To manage subscription billing, update payment methods, modify tiers, or cancel your subscription, open Settings → Manage account within the app, which securely redirects you to the Stripe Customer Portal (our designated third-party payment processor) where you can view invoices, update your payment method, or cancel your subscription. Canceling your subscription stops future recurring charges but does not delete your account; see Section 5-C for cancellation details.

You maintain the right to permanently delete your account at any time through the Settings → Delete account option. Account deletion is absolute, permanent, and cannot be undone. When you delete your account, the Company also cancels any active Stripe subscription associated with your profile as part of the deletion process. Account deletion is a separate action from subscription cancellation (Section 5-C): canceling a subscription stops future billing while leaving your account and historical data intact, whereas deleting your account permanently erases your server-side profile, session logs, progress records, and linked-account relationships from our active production databases. Journal entries stored in your device’s local storage are not erased by account deletion; they remain on your device until you clear local app data or remove the app. The Company explicitly retains anonymized consent logs, financial receipts, and regulatory compliance records on our secure backup servers for the duration required by law or company data retention policies. See Section 14-A for the effect of account termination.

E. Suspension and Termination.

The Company reserves the absolute, undisputed right, in its sole discretion and without prior notice or liability, to suspend, restrict, or permanently terminate your account and block your access to the Service for any reason, including, without limitation, a material breach of these Terms, non-payment of active subscription tiers, providing fraudulent age or location details, or engaging in behavior that risks harm to other users, minors, or the technical integrity of the platform.

5. SUBSCRIPTIONS, TRIALS, AND BILLING

A. Free Trial and Automatic Renewal Policy.

New individual personal subscribers are eligible to receive a single seven (7) day free trial period, initiated through our website. You will not be charged during the trial period. BY STARTING A FREE TRIAL OR SELECTING A PAID SUBSCRIPTION TIER ON OUR WEBSITE, YOU EXPLICITLY ACKNOWLEDGE AND AGREE THAT YOUR SUBSCRIPTION INVOLVES AN AUTOMATIC RENEWAL SYSTEM, AND YOU AUTHORIZE THE COMPANY TO CHARGE YOUR DESIGNATED PAYMENT METHOD CONTINUOUSLY EACH MONTH UNTIL YOU CANCEL. If you do not cancel your subscription at least twenty-four (24) hours before the 7-day trial period expires, your selected paid subscription tier will automatically begin, and your payment method will be charged the standard monthly rate in advance. To cancel before your trial converts, follow the cancellation procedure in Section 5-C.

B. Recurring Billing and Payment Processing.

All subscription fees are billed monthly in advance and are securely processed through our website via our third-party payment processor (Stripe). Your subscription remains active and authorized until it is explicitly cancelled by you or terminated by us under these Terms.

C. Cancellation Procedures.

You maintain the right to cancel your active subscription at any time. To cancel, open Settings → Manage account within the app, which securely redirects you to the Stripe Customer Portal where you can cancel your subscription or manage your billing. To avoid being charged for the subsequent billing cycle, you must cancel your subscription before your monthly renewal date. Cancellation stops future recurring charges but does not automatically trigger a refund for the current, active billing period. Upon cancellation, you will retain full access to your subscription tier until the end of your current, paid monthly billing cycle (or, for free trials, until the end of your trial period), at which point your premium features will deactivate. Canceling your subscription does not delete your account. Your account, profile, and historical data remain intact after cancellation. To permanently delete your account, see Section 4-D.

D. Strict No-Refund Policy and Chargeback Protection.

EXCEPT AS EXPLICITLY REQUIRED BY APPLICABLE JURISDICTION LAW, ALL SUBSCRIPTION FEES AND CHARGES ARE COMPLETELY NON-REFUNDABLE. No mid-cycle refunds are issued for partial billing periods. Charges resulting from failure to cancel within the twenty-four (24) hour pre-trial-expiry window described in Section 5-A are governed by that section and the discretionary refund review below. The initiation of an unverified credit card chargeback or dispute against a valid subscription charge constitutes a material breach of these Terms and will result in the immediate, permanent termination of your account.

The Company may, in its sole and absolute discretion, evaluate exceptional refund requests (such as clear billing system errors), provided you contact us with your account email and full transaction details within thirty (30) days of the disputed charge. All subscription fees and charges are otherwise non-refundable as set forth in this Section.

E. Expired and Paused Accounts.

When your free trial or paid subscription cycle terminates or expires due to non-payment, your account automatically enters a “paused” state. Your server-side tracking metrics and progress data are retained; however, full access to the active protocols, modules, and premium features of the Service will remain completely unavailable until you successfully restart an authorized subscription. Journal entries stored in your device’s local storage are unaffected by subscription status. Returning subscribers or existing account holders are strictly ineligible for subsequent free trial offers.

F. Enterprise and Institutional Seats.

If your access to the Service is sponsored or provided through an Organization (such as a school district, clinic, nonprofit, or employer), your account seat is governed entirely by that specific organization’s master commercial agreement with us. Your access privileges may be modified, adjusted, or completely revoked at any time by your sponsoring organization’s administrator. The Company bears zero liability regarding internal organizational seat management decisions or disputes.

G. Demo, Promotional, and Preview Codes.

Authorized demo or promotional codes grant temporary, limited preview access to the Service and are subject to explicit expiration dates, specific redemption parameters, and unilateral revocation by the Company. The unauthorized sharing, copying, sale, misuse, or attempted technological circumvention of promotional or demo codes constitutes a material breach of contract and will result in the immediate, permanent termination of your account access.

6. ACCEPTABLE USE POLICY (AUP)

A. Prohibited Activities.

As an express condition of your license to access and use the Service, you explicitly agree that you will not engage in, facilitate, or encourage any of the following prohibited behaviors:

• •Unlawful and Abusive Use: Using the Service for any unlawful, harmful, fraudulent, deceptive, or abusive purpose, or utilizing the platform to stalk, harass, or threaten any individual.
• •Security Violations: Attempting to gain unauthorized access to the Service, circumventing our network authentication barriers, probing our infrastructure vulnerabilities, or cracking into non-public administrative systems.
• •Reverse Engineering: Reverse engineering, decompiling, disassembling, data-scraping, or extracting any native software code, design wrappers, or structural frameworks from the Service.
• •Account and Tier Abuse: Sharing, reselling, or transferring your personal account or subscription seats without express prior written permission from the Company.
• •Harmful Content Transmission: Uploading, storing, hosting, or transmitting data or user-generated content that is unlawful, defamatory, infringing on third-party intellectual property, or containing malware, viruses, or destructive code.
• •System Disruption: Interfere with, flooding, or disrupting the optimal performance, availability, or core cybersecurity layers of the Service.
• •Identity Misrepresentation: Misrepresenting your identity, credentials, state of residence, or relationship to a minor or person you support.
• •Code and Feature Circumvention: Misusing promotional demo codes, institutional organization keys, or pairing settings to gain unauthorized feature tiers.
• •Clinical Replacement: Using the Service as a substitute for professional medical assessments, mental health therapy, or active emergency crisis care.

B. Professional and Clinician Obligations.

Professional users (including independent Clinicians, Educators, and Case Management Professionals) utilizing the Service within their practices explicitly represent and warrant that their use complies fully with all applicable licensing boards, ethical standards, and regional regulations. Professionals agree to obtain all legally mandated, verifiable consent from clients or guardians before generating pairings or accessing any client data telemetry within the platform.

C. Monitoring, Enforcement, and Consequences.

The Company reserves the right, but does not assume the obligation, to monitor account activity, data processing metrics, and user-submitted data to ensure strict compliance with this AUP.

Violation of this section constitutes a material breach of contract. The Company maintains sole and absolute discretion, without prior notice or liability, to investigate violations, immediately suspend or permanently terminate your account, delete non-compliant User Content, and report unlawful actions directly to local law enforcement or regulatory entities in Madison County, Illinois.

7. USER CONTENT, SECURITY ARCHITECTURE, AND “GLASS BREAK” SAFETY PROTOCOL

A. Locally Stored and Encrypted Content (Journals & Reflections).

The Service is architected to prioritize user privacy. Journal-entry text and reflection responses saved through the journal features are stored in your device’s browser or app storage, not on our servers. They are encrypted at rest using AES-GCM encryption with a device-local key stored in the same device’s storage. This is not hardware-backed key storage, and the Company cannot guarantee protection from someone or software with access to your unlocked device or browser profile. The Company does not retain a copy of your encryption key. Journal entries are non-transferable: there is no export, import, sync, or cloud backup feature. You are solely responsible for your device; if you delete the app, clear app data, or lose your device, your locally stored journal entries cannot be recovered by our team. Other account data — including session logs, progress records, and safety-audit metadata — may be stored on our servers as described elsewhere in these Terms.

B. Automated Safety Screening and the “Glass Break” Protocol.

The Service utilizes an automated, on-device screening layer in supported journal and reflection features designed to detect indicators of acute self-harm, suicide risk, or immediate harm to others. Screening coverage may vary by feature and does not cover every text input in the app. If this screening flags a critical threshold, the application displays in-app crisis resources and records an account-linked risk metadata event. This event is not anonymous: it includes your account identifier, a risk category, severity, an internal intervention code, the context in which the text was composed, and a timestamp. Your raw journal or reflection text is never transmitted. The following describes the design of the escalation protocol:

• •In-App Resources: The app displays crisis hotlines and support resources directly to you. These are user-initiated; the app does not automatically dial emergency services on your behalf.
• •Account-Linked Metadata Event: A risk metadata event (category, severity, intervention code, context, timestamp, and account identifier) is recorded. Your raw text is not included.
• •No Guaranteed Response: The recording of a metadata event does not guarantee that a clinician, Company reviewer, or emergency service will be notified or will respond. The Service is not monitored as an emergency service, and the Company assumes no liability for any failure or delay in response.

You explicitly acknowledge and agree that this automated screening is a good-faith safety feature and does not constitute an ongoing medical monitoring obligation, a guaranteed clinical intervention, or an active suicide prevention lifeline. The Company assumes zero liability for any failures, delays, or actions taken in connection with the safety screening or any escalation.

C. Cloud-Synced Account Content and Secure License.

For non-encrypted data required to manage your profile—including your account credentials, display name, transaction receipts, relationship pairing structures, or administrative dashboard selections—you grant the Company a worldwide, royalty-free, non-exclusive license to securely host, store, transmit, and process this specific profile data solely as technically required to maintain and optimize your app functionality.

D. Unrestricted Feedback License.

We welcome your suggestions, ideas, feature requests, or evaluations submitted through our native in-app feedback channels. By submitting feedback, you explicitly agree that the Company may utilize, implement, distribute, or commercialize your ideas without any restriction, confidentiality obligations, or financial compensation to you. We deliver all feedback verbatim to our internal engineering team for active product review.

E. Permanent Deletion and Organizational Exceptions.

You maintain the right to delete specific pieces of User Content or initiate a permanent account deletion at any time within your app settings. Upon standard individual account deletion, your cloud-synced profile data is permanently and irrevocably erased from our primary active databases, with the exclusive exception of necessary consent logs, encrypted transaction receipts, and age-verification compliance records retained on our secure backup servers as required by legal policy.

Enterprise Seat Exception: If your account access and premium tier subscription are provided or sponsored via an Organization (such as a school district, clinic, or employer), any administrative notes, pairing data, or organizational metrics may remain accessible to the sponsoring organization’s administrator even after your individual profile is deactivated, subject to the master commercial agreement between the Company and your Organization.

8. SHARING, LINKED ACCOUNTS, AND “CIRCLE OF CARE” ARCHITECTURE

A. Mutual Support and Account Linking.

The Service provides features that allow users to connect their accounts to form mutual support systems, engage together with educational content, and participate in co-regulation exercises. These configurations may include links between caregivers, survivors and caregivers, groups of survivors or caregivers, and clinicians to individual users (collectively, “Linked Accounts” or your “Circle of Care”).

B. Absolute Privacy of Journals and Reflections.

NOTWITHSTANDING ANY ACCOUNT LINKING, PAIRING, OR GROUP SUBSCRIPTION STATUS, YOUR PERSONAL JOURNALS, ENCRYPTED TRACKING LOGS, AND PRIVATE DIARY REFLECTIONS ARE STRICTLY CONFIDENTIAL AND ARE NEVER SHARED WITH ANY OTHER USER, CAREGIVER, GROUP MEMBER, OR CLINICIAN. Account linking only permits the transmission of specific, aggregate, non-textual progress metrics, co-use content interactions, or automated security alerts explicitly defined by your active dashboard settings.

C. Toggle-Based Professional and Clinical Sharing.

If you link your account with a Professional User (such as a clinician, therapist, or educator), you grant that professional limited visibility into your aggregate progress charts and system-state history. This clinical visibility is entirely toggle-based and controlled by you; you maintain the absolute right to revoke sharing permissions or completely unlink your account from any professional at any time through the app’s Settings panel.

D. User and Professional Sharing Responsibilities.

You are solely and strictly responsible for any sharing configurations you enable and for ensuring you possess all necessary personal permission before linking with or inputting data regarding another individual. Professional Users accessing client metrics via these features explicitly represent and warrant that they have obtained separate, legally valid, and written informed clinical consent from the client or their legal guardian before executing an account pairing.

E. Revocation and Liability Waiver.

Unlinking an account or turning off a sharing toggle instantly halts all future data transmission to that linked party. The Company exercises zero editorial control over the connections you choose to establish; you explicitly agree that the Company bears absolutely no liability, financial responsibility, or legal exposure for any personal choices, data exposures, or interpersonal disputes arising from information you voluntarily choose to share with others through the Service.

9. PROFESSIONAL USE AND ORGANIZATIONS

A. Clinical Discretion and Independent Judgment.

If you utilize the Service as a Professional User (including independent clinicians, therapists, counselors, case managers, or educators), you explicitly acknowledge and agree that the Service is an educational, self-guided support tool only. It does not constitute a clinical diagnostic tool, medical monitoring platform, or therapeutic intervention, and it does not replace, override, or supplement your independent professional judgment, licensing duties, or clinical obligations. You maintain sole and absolute responsibility for the care, diagnosis, and treatment protocols of your clients.

B. Professional Compliance, Confidentiality, and HIPAA.

Professional Users represent and warrant that their use of the platform aligns fully with their regional licensing boards, ethical codes, and all applicable federal and state privacy statutes. Professional Users are strictly responsible for maintaining client confidentiality and securing independent, written, informed consent from a client (or their legal guardian) before establishing an onboarding pairing or accessing any client data. The Company assumes zero liability for a professional’s failure to maintain appropriate regulatory or confidentiality boundaries.

C. Organization Seat Management and the Practice Lead.

If your access to the Service is provided via an enterprise arrangement or organizational subscription, your account seat is managed by your organization’s designated administrator or Practice Lead. The Practice Lead retains the absolute right to allocate, reassign, monitor, or completely revoke your individual seat and portal access subject to their internal organization requirements. Organizations assume full legal responsibility for the conduct, terms compliance, and acceptable platform use of all their authorized users.

D. Mandatory Security Protocols and Enterprise Billing.

To safeguard sensitive tracking data and maintain compliance frameworks, all Professional Users and organizational portal accounts are subject to mandatory security protocols, including automated administrative session timeouts. Enterprise billing structures, seat package expansions, and corporate subscription terms are governed by a separate, master commercial agreement between the Company and the Organization. Non-payment, payment processing failures, or non-renewal of the enterprise agreement by the Organization will result in the immediate suspension or permanent termination of portal access for all associated clinician and user seats.

10. PRIVACY AND DATA PROTECTION

Your use of the Service is strictly governed by our Privacy Policy, which is explicitly incorporated into these Terms by this reference. Our Privacy Policy describes in detail how we collect, process, utilize, and protect your personal information, including your account credentials, login information, and basic app interactions required to maintain age-verification compliance and deliver your account features.

By accessing, downloading, or using the Service, you acknowledge that you have read, understood, and voluntarily consent to all data collection and processing practices described in our Privacy Policy. If you do not agree to the terms of our Privacy Policy, you must immediately cease all use of the Service and delete the application from your device. You can access our full, up-to-date Privacy Policy at any time within the app settings or by visiting: https://www.youthcentrix.com/inpresence/privacy-and-safety-policy/

11. INTELLECTUAL PROPERTY

A. Our Intellectual Property.

The Service, including its underlying software, native wrappers, code, user interface, brand assets, logos, protocols, tracking exercises, structural designs, and all original content, is owned exclusively by the Company and is protected by federal and international intellectual property laws. Subject to your strict compliance with these Terms and your active maintenance of any required subscription tiers, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal or internal professional use. You may not copy, modify, redistribute, reverse engineer, or create derivative works from any part of the Service without our express prior written permission.

B. Your License to Us.

You retain ownership of any data, text, responses, or other user-generated content that you submit or upload through the Service (“User Content”). However, by uploading User Content, you grant the Company a worldwide, royalty-free, non-exclusive, perpetual license to securely host, store, process, reproduce, and transmit that data solely as required to provide, maintain, optimize, and support the functionality of the Service for you. You represent and warrant that you possess all necessary rights to grant this license and that your User Content does not infringe upon any third-party rights or local regulatory frameworks.

12. DISCLAIMERS OF WARRANTIES

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will achieve any particular result.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL CONTENT, PROTOCOLS, CLINICAL PAIRING TOOLS, AUTOMATED SAFETY SCREENING METADATA, AND DIGITAL UTILITIES, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

THE COMPANY EXPLICITLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY COMPLIANCE BY THIRD-PARTY ORGANIZATIONS, TITLE, AND NON-INFRINGEMENT.

• •No Interruption or Accuracy Guarantees: The Company does not warrant or guarantee that the Service will operate uninterrupted, error-free, completely secure, or that its database servers will remain free from temporary delays, data packet loss, or server downtime.
• •No Medical or Specific Outcomes: The Company explicitly disclaims any warranty that utilizing the guided exercises, monitoring nervous-system states, or engaging with educational material will achieve any specific psychological, neurological, medical, or life-situation outcome.
• •Safety Protocol Disclaimers: You explicitly acknowledge that the automated theme screening and human review parameters underlying the “Glass Break” Protocol (Section 7-B) are provided strictly as a good-faith auxiliary safety feature. The Company disclaims any warranty or absolute liability regarding the algorithm’s capacity to identify every individual instance of crisis or self-harm risk, and further disclaims any warranty that localized public emergency services will respond effectively or within a specific timeframe following an automated authority notification.

13. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, ACCURACY, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE.

THIS LIMITATION APPLIES TO ANY AND ALL LIABILITY OR CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVERY CLAIMS SYSTEM EMBODIED WITHIN THE SERVICE — INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON AUTOMATED SCREENING TIMELINES, PROTOCOLS, METADATA SCANS, APP CONTENT, OR SUGGESTIONS PROVIDED BY THE SERVICE, OR ANY USER DECISION TO DELAY OR NOT TO SEEK PROFESSIONAL MEDICAL, MENTAL HEALTH, OR CRISIS EMERGENCY CARE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING FROM, RUNNING PARALLEL TO, OR IN ANY WAY RELATED TO THESE TERMS OR YOUR ACTUAL USE OF THE SERVICE IS STRICTLY LIMITED TO THE EXACT TOTAL AMOUNT YOU PHYSICALLY PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE TRANSACTION GIVING RISE TO THE CLAIM, OR FIFTY DOLLARS (USD $50.00), WHICHEVER REPRESENTS THE GREATER SUM.

SOME JURISDICTIONS (WHICH MAY INCLUDE THE STATE OF ILLINOIS REGARDING SPECIFIC STATUTORY RIGHTS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT ENTIRELY APPLY TO YOU. THIS SECTION WILL BE ENFORCED TO THE MAXIMUM EXTENT LEGALLY PERMITTED IN YOUR RESPECTIVE JURISDICTION.

14. TERMINATION

A. Termination by You.

You may stop using the Service and permanently delete your account at any time through Settings → Delete account (see Section 4-D for the full deletion process). Upon account deletion, your license to access the premium subscription tiers and modules instantly expires, and the Company cancels any active Stripe subscription associated with your profile as part of the deletion process. Account deletion is permanent and is a separate action from subscription cancellation (Section 5-C): canceling a subscription stops future billing while keeping your account and data intact, whereas deleting your account permanently erases your profile and content. If you wish to stop future charges without deleting your account, cancel your subscription using Section 5-C instead.

B. Termination and Suspension by Us.

The Company reserves the right, in its sole and absolute discretion, without prior notice, liability, or financial penalty to you, to immediately modify, suspend, restrict, or permanently terminate your account and block your access to the Service for any reason. These reasons include, without limitation:

• •A material breach or violation of any provision of these Terms or our Acceptable Use Policy (Section 6).
• •Extended account inactivity spanning twelve (12) consecutive months or longer.
• •Non-payment or payment processing failures regarding your active subscription tiers.
• •Actions that pose a security risk, reputational threat, or potential legal liability to the Company, the Service, its automated screening loops, or other users.

C. Effect of Termination and Survival.

Upon termination or deletion of your account, your legal right to access and use the Service immediately ceases. All provisions of these Terms which by their nature should logically survive termination shall survive indefinitely. This includes, without limitation:

• •Section 2 & 12: Medical Disclaimers and Disclaimer of Warranties.
• •Section 7-E & 10: Privacy, compliance record retention, and database backup logs.
• •Section 11: Company Intellectual Property protections.
• •Section 13: The absolute fifty-dollar ($50.00) Limitation of Liability cap.
• •Section 16: Mandatory AAA Individual Binding Arbitration and Madison County, Illinois venue provisions.

15. CHANGES TO THESE TERMS

A. Right to Modify.

The Company reserves the right, at its sole discretion, to update, modify, or replace any portion of these Terms at any time to reflect software updates, platform enhancements, or changing regulatory laws. The “Last Updated” date at the very top of this document will display the most recent revision timeline.

B. Notification of Material Changes.

In the event of a material change that impacts your subscription tiers, billing protocols, or data safety frameworks, the Company will provide you with reasonable advance notice. This notification will be delivered directly through an in-app system alert, an onboarding splash screen dashboard, or via an email dispatched to your registered account address.

C. Acceptance of Updated Terms.

Your continued access to or use of the Service after the posted revision date takes effect constitutes your absolute, legally binding acceptance of the updated Terms. If you do not agree to the modified Terms, you must immediately cancel your subscription (Section 5-C) to stop future billing, delete your account (Section 4-D), and uninstall the application from your physical device. Canceling your subscription stops future charges but does not by itself delete your account or historical data.

16. GOVERNING LAW AND DISPUTE RESOLUTION

1. Governing Law.

These Terms and your use of the app are governed by and construed in accordance with the laws of Madison County, Illinois, without regard to its conflict-of-law principles.

2. Informal Dispute Resolution.

You agree that in the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the app (a “Dispute”), you will first attempt to resolve the matter informally. You must send a written notice detailing your Dispute, your account information, and your requested remedy to the Company via email at support@inpresence.app. Both parties agree to use good-faith efforts to settle the Dispute directly through consultation for a period of thirty (30) days from the date the written notice is received. No formal legal or arbitration proceedings may be initiated until this 30-day informal resolution period expires.

3. Mandatory Binding Arbitration.

If a Dispute cannot be resolved through the Informal Dispute Resolution process outlined above, you and the Company explicitly agree that the Dispute will be resolved exclusively through final and binding individual arbitration, rather than in a standard court of law. The arbitration will be administered privately by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. The arbitrator’s decision will be confidential, final, and legally binding.

• •Exceptions to Arbitration: As the only exceptions to mandatory arbitration, both parties retain the right to: (a) bring an individual action in a small claims court in Illinois, provided the claim qualifies; and (b) seek injunctive relief in a court of competent jurisdiction to stop the unauthorized use or abuse of the app, or the infringement of intellectual property rights.

4. Class Action and Jury Trial Waiver.

YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. You explicitly waive your right to a trial by jury or to participate in a class-action lawsuit in Illinois or any other jurisdiction.

17. CONTACT

If you have any questions, compliance inquiries, or notice requests regarding these Terms, you can reach our support team through the in-app Feedback button or by contacting app support directly at:

• •Email: support@inpresence.app.
• •Corporate Address: Youthcentrix Therapy Services, LLC. Attn: Legal Dept., P.O. Box 203, Maryville, Illinois 62062

For specific parental data deletion requests under Section 3-F or informal dispute notices under Section 16-2, communication must be directed to the support email listed above to initiate the mandatory 30-day resolution window.