Terms of Service

These terms are an agreement between you and True Presence, Inc., an Arizona nonprofit corporation doing business as Presence+ ("Presence+," "we," "us"). They govern your use of the Presence+ app, Raphael, Midst, the Emmaus learning platform, and the websites at presenceplus.org, presence.plus and midst.presenceplus.org (together, the "Services"). By creating an account or using the Services you agree to these terms and to our Privacy Policy. If you do not agree, do not use the Services.

What Presence+ is, and is not

Presence+ connects people who want help with people in their community who are willing to walk with them: friends, trained listeners, ministers, coaches and, when it is needed, licensed clinicians. It also provides content that supports healing, such as courses, stories, meditation exercises, journaling and goal setting.

Presence+ is not a medical, psychological or emergency service, and most of the people who help through it are not licensed professionals. Nothing in the Services is a diagnosis or a substitute for care from a licensed clinician. If you or someone else is in danger, call or text 988 in the United States, or your local emergency number. Where a licensed clinician provides care to you, that care is governed by your relationship with the clinician, not by these terms.

Who may use the Services

You must be at least 18 years old to create an account on your own. A person between 13 and 18 may use the Services only through a community that has enrolled them with a parent's or guardian's consent under its own youth-protection policy. The Services are not for children under 13. If you use the Services on behalf of a church, campus, organization or practice, you represent that you are authorized to bind it, and "you" includes it.

Your account

Keep your sign-in details private and tell us at once if you think someone else has used your account. You are responsible for what happens under it. Give us accurate information and keep it current. We may suspend or close an account that violates these terms, that is used to harm someone, or that has been inactive for a long period after notice to you.

Communities and helpers

A church, campus, diocese or other organization that uses the Services (a "community") decides who belongs to it, who may help in it, and what it records about its members. The community is responsible for its own policies, its own helpers and its own compliance with the laws that apply to it, including youth protection and safeguarding. Presence+ provides the tools and the formation; it does not supervise individual helpers and does not guarantee the conduct of any community or helper.

If you help others through the Services, you agree to act within the scope of your role and formation, to keep what people share with you in confidence except as the Services' consent settings and the law allow, to respect each person's freedom, to hand a person up to a more qualified helper when they need one, and to follow your community's policies. You agree not to present yourself as a licensed professional unless you are one.

Acceptable use

You agree not to use the Services to harm, harass, exploit or deceive anyone; to collect or share another person's information without their consent; to send unsolicited messages; to upload anything unlawful, infringing or malicious; to interfere with the Services or try to access accounts, data or systems you are not authorized to reach; or to use the Services for a purpose other than the one they are offered for. We may remove content and suspend accounts that violate this section.

Your content

You own what you write and upload. You give us a license to store, display and process it as needed to provide the Services to you and to the people you have chosen to share it with, and to make de-identified use of it as described in the Privacy Policy. You are responsible for having the rights to anything you upload. If a community publishes a course or other content through the Services, the community owns it and licenses it to us on the same terms.

Our content and the Model

The Services, their software, design and text, the courses we publish, and the names Presence+, Midst, Raphael, Emmaus, Melete and Accompaniment Pathways belong to True Presence, Inc., Mindspirit LLC or their licensors. The outcome measures (the Outcome Rating Scale, Session Rating Scale and related measures) are used under license from Better Outcomes Now and may not be copied or used outside the Services. The Catholic Christian Meta-Model of the Person belongs to Divine Mercy University. You may use the Services for their intended purpose and may not copy, resell, reverse-engineer or build on them except as a written developer license from us allows.

Courses, purchases and refunds

Some courses and services are sold. Prices are shown before you buy, in US dollars, and payments are processed by Stripe under its terms. A purchased course is licensed to you personally and may not be shared. Because courses are delivered immediately, purchases are not refundable except where the law requires or where we choose to refund a purchase made in error; write to us within fourteen days if something went wrong. Communities and clinicians who pay for the Services do so under their own agreements with us or with Mindspirit LLC.

Artificial intelligence

Some features use AI to transcribe, summarize or suggest. AI can be wrong. Treat what it produces as a draft to be checked by a person, never as advice, and do not rely on it for a decision about someone's safety or care.

Messages

By giving us a phone number or email address you agree that we and your community may send you messages about the Services, including notifications you have asked for. Message and data rates may apply. You can stop messages at any time in your settings or by replying STOP to a text.

Changes to the Services and to these terms

We improve the Services continually and may add, change or remove features. We may change these terms; when we do, we will post the new version with a new effective date and, for changes that matter, tell you in the Services or by email before they take effect. Using the Services after that means you accept the new terms.

Disclaimers

The Services are provided as they are and as available. To the fullest extent the law allows, we disclaim all warranties, express or implied, including fitness for a particular purpose, and we do not promise that the Services will be uninterrupted, error-free or that any outcome will follow from using them. We are not responsible for the acts or omissions of communities, helpers, clinicians or other users.

Limitation of liability

To the fullest extent the law allows, True Presence, Inc., Mindspirit LLC, Divine Mercy University and their officers, employees, volunteers and service providers will not be liable for indirect, incidental, special, consequential or punitive damages, or for loss of data or goodwill, arising from the Services, and our total liability for any claim will not exceed the greater of one hundred US dollars or the amount you paid us in the twelve months before the claim. Some places do not allow these limits, in which case they apply as far as the law permits.

Indemnity

If you use the Services on behalf of a community or organization, that organization agrees to defend and indemnify us against claims arising from its use of the Services, its helpers' conduct, or its violation of these terms or the law.

Governing law and disputes

These terms are governed by the laws of the State of Arizona and the United States, without regard to conflict-of-laws rules. Before bringing a claim, you agree to write to us and give us thirty days to resolve it. Any dispute that is not resolved will be brought in the state or federal courts located in Arizona, and you consent to their jurisdiction. Nothing in this section prevents either of us from seeking an injunction to stop misuse of the Services.

General

These terms, with the Privacy Policy and any written agreement between us and your community or practice, are the whole agreement about the Services. If a part of these terms cannot be enforced, the rest still applies. You may not transfer your account or these terms to anyone else; we may transfer them to a successor of True Presence, Inc. Our not enforcing a term is not a waiver of it.

Contact

True Presence, Inc., doing business as Presence+. Email: legal@presenceplus.org. Postal mail: True Presence, Inc., Attn: Legal, [mailing address], Arizona.