Terms of use

By using Presence you agree to these terms. These are Presence's terms of use, and they apply to all users of the Presence platform. "We", "our" or "us" refers to Xperience Online Limited trading as Presence and our subsidiaries. "Presence" refers to this platform and the services offered by us.

By using Presence you agree to these terms and to the other we post on our website. Please read them carefully and let us know if you have any questions. For information about our data practices, please see our Privacy Policy, including our Cookies Policy. We can collect and use your information in accordance with those policies.

When you create an account you must provide us with accurate information.

To create an account you must be at least 18 years old. To join a creator's membership as a customer, or provide a membership as a creator, you must be at least 18 years old or have your parent's permission.

You are responsible for anything that occurs when anyone is signed in to your account, as well as the security of the account. Please contact us immediately if you believe your account is compromised.

You are responsible for all activity on your account. If you violate our policies we may terminate your account.

Don't do anything illegal, abusive towards others, or that abuses our site in a technical way. If you are a creator raising funds on Presence, we may be held accountable for what you do with those funds. As a result, we also look at what you do with your membership off our platform.

You can find more detailed information in the Security Policy which cover most issues, but if you find a new and creative way to hurt Presence or our community we may take action to prevent it.

A creator is someone who offers membership to customers on Presence. There are a lot of details here involving payments, fees, taxes and restrictions that you should read in full if you are a creator.

To become a creator simply launch your page to start your membership. Memberships are for your most passionate fans. You’re inviting them to be part of something exciting that gives them unique benefits they want, like additional access to your community, workshops, exclusivity, and engaging experiences. In exchange, customers pay on a subscription basis.

As a creator you make your membership available on Presence, and we provide membership to your customers on a subscription basis. We also handle payments issues such as fraud, chargebacks and resolution of payments disputes.

We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We may also block or hold payments for violations of our policies or for compliance reasons, including collecting tax reporting information. When payments are delayed or blocked we try to communicate the reason to you promptly. If you have questions about a payments block, please reach out to us using contact form on the website. In order to protect creators, we may block customers’ payments if we believe them to be fraudulent.

Sometimes activities like refunds can put your account balance into the negative. If your balance becomes negative then we may recover those funds from future payments.

As a creator there are two fees associated with your membership on Presence. The first is the platform fee, which is 10% of every successful transaction connected to your account at Presence. The second is the payment processing fee of 6%, which will cover the facilitation of this processing fee and include any of the following depending on your currency selected by the Creator,

Depending on your customers' locations, some banks may charge your customer a foreign transaction fee for their membership subscription. Presence does not control this charge, but it is typically around 3%.

We do not handle most tax payments, but we collect tax identification information and report this to tax authorities as legally required. You are responsible for reporting any taxes.

The one tax we do handle on your behalf is VAT payments for electronically supplied services to customers in the EU. For the purpose of electronically supplied services, creators make a supply of those services to us, and then we supply them to the customer.

We don't allow creations and benefits that violate our policies:

To become a customer simply create an account, add your preferred payment method and join a creator's membership!

There are two types of membership subscriptions. One is a monthly subscription where you pay per month. The other is a per creation subscription where you pay based on the number of creations a creator posts in that month.

The timing and amount of each membership subscription depends on the creator you support. You can see the details as you join and in the receipt sent to you after each successful payment. You can view all your active membership subscriptions and billing history.

You may cancel your membership subscription at any time. We may grant refunds at our sole discretion.

To become a customer simply create an account, add your preferred payment method and join a creator's membership!

In certain situations you may lose access to a creator's customer-only posts and benefits. These include when you cancel your membership subscription, your payment method fails, the creator blocks you, or the creator deletes their account. We are not required to allow you to be a customer of any particular creator.

Creators' memberships vary and we have limited control over the quality and specific offerings. We attempt to screen for fraudulent creator pages, but cannot guarantee the identity of creators or the validity of any claims they make. We appreciate your help reporting suspicious creator pages so we can keep Presence safe.

If you are located in the EU, then VAT is added to the total charge. This is shown when you set up the initial membership subscription.

Depending on your location, some banks may charge you a foreign transaction fee for your membership subscription. Presence does not control this charge, but it is typically around 3%. Please contact your bank for more information.

We proactively look at some pages and posts on Presence and review reported pages to identify potential violations of our guidelines.

We proactively look at some pages and posts on Presence. We also investigate reports of potential violations. These investigations may take a while to resolve and may include looking at what is supported by funds received through Presence.

In most situations we will work with creators to resolve any potential violations and allow the creator to continue using Presence. Terminating accounts is not an action we take lightly and is done in only the most extreme cases.

Please let us know if you see potential violations by reporting it at our website using contact form

As a global company based in the United States with operations in other countries, we must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the U.S. Department of the Treasury. This means that Scrile Connect cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.

We are constantly testing out new features with the goal of making Presence better. We may add or remove features, and often test features with a random subset of our community. If we believe a feature is significantly different from these terms, then we explain those differences in the test.

With your permission, we may give other websites or services the ability to verify information about your Presence account or perform actions on your behalf. This permission is asked for when you connect your Presence account to these other websites or services. You can learn more in our Privacy Policy.

You can delete your account. We can disable your account at our discretion.

You can permanently delete your account at any time by contacting us. We can terminate or suspend your account at any time at our discretion. We can also cancel any membership subscriptions and remove any descriptions, posts or benefits at our discretion.

You may not bring a claim against us for suspending or terminating another person's account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs.

These terms remain in effect even if you no longer have an account.

You keep complete ownership of all creations, but you give us permission to use them on Presence. Make sure you have permission to use creations that you offer on Presence.

You keep full ownership of all creations that you offer on Presence, but we need licenses from you to operate Presence effectively.

By posting creations on Presence you grant us a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The purpose of this license is strictly limited to allow us to provide and promote memberships to your customers. We will never try to steal your creations or use them in an exploitative way.

You keep complete ownership of all creations, but you give us permission to use them on Presence. Make sure you have permission to use creations that you offer on Presence.

You may not post creations that infringe others' intellectual property or proprietary rights.

Customers may not use creations posted by creators in any way not authorized by the creator.

You can use our copyrights or trademarks to promote your Presence page, but can’t use them for anything else without our permission.

Our creations are protected by copyright, trademark and trade secret laws. Some examples of our creations are the text on the site, our logo, and our codebase. We grant you a license to use our logo and other copyrights or trademarks to promote your Presence page. You may not otherwise use, reproduce, distribute, perform, publicly display or prepare derivative works of our creations unless we give you permission in writing. Please ask if you have any questions.

You will indemnify us from all losses and liabilities, including legal fees, that arise from these terms or relate to your use of Presence. We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right then you will help us in our defense.

Your obligation to indemnify under this clause also applies to our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

We do our best to make sure Presence works as expected, but stuff happens.

Presence is provided "as is" and without warranty of any kind. Any warranty of merchantability, fitness for a particular purpose, non-infringement, and any other warranty is excluded to the greatest extent permitted by law.

The disclaimers of warranty under this clause also apply to our subsidiaries, affiliates and third party service providers.

If you lose money as a result of using Presence, any payment to you is limited to the amount of money we have earned through your use of Presence.

To the extent permitted by law, we are not liable to you for any incidental, consequential or punitive damages arising out of these terms, or your use or attempted use of Presence. To the extent permitted by law, our liability for damages is limited to the amount of money we have earned through your use of Presence. We are specifically not liable for loss associated with unfulfilled benefits and from losses caused by conflicting contractual agreements.

For this clause "we" and "our" is defined to include our subsidiaries, affiliates, officers, directors, employees, agents and third party service providers.

For creators and customers who are consumers, we also follow the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness for consumer arbitrations done under these terms. For the purpose of an arbitration subject to the consumer standards, if any portion of these terms do not follow that standard, that portion is severed from these terms.

This clause does not limit either party's ability to file an action in a court with jurisdiction to seek injunctive or other equitable relief for disputes relating to intellectual property, proprietary data or to enforce this dispute resolution clause, including your agreement not to assert claims related to the suspension or termination of another person's account. In any such action, the court rather than an arbitrator must decide whether such a claim is arbitrable and must decide whether the party is entitled to the requested injunctive or other equitable relief.

Any disputes with us must be resolved in Auckland City under New Zealand law.

New Zealand law, excluding its conflict of law provisions, governs these terms and all other Presence policies. If a lawsuit does arise, both parties consent to the exclusive jurisdiction and venue of the courts located in Auckland, NZ.

These terms and any referenced policies are the entire agreement between you and us, and supersede all prior agreements. If any provision of these terms is held to be unenforceable, then that provision is modified to the extent necessary to enforce it. If a provision cannot be modified, it is severed from these terms, and all other provisions remain in force. If either party fails to enforce a right provided by these terms, it does not waive the ability to enforce any rights in the future.

We may sometimes make changes to these terms and policies. If we make material changes that adversely affect your rights, then we will let you know before the changes come into effect. Continuing to use Scrile Connect after a change means you accept the new terms or policies.

These terms are an agreement with Xperience Online Limited: Level 1, Quad 7 Building, 6 Leonard Isitt Drive, Auckland 2022 New Zealand.

Effective immediately for users joining Presence on or after September 01, 2024.