Terms of Service

PrescenseOS is operated by Sashenk Anand Jordan, Chennai, Tamil Nadu, India (“Operator”).

PrescenseOS is an automated online presence management platform that provides website hosting, search engine optimisation tools, AI-assisted content generation, Google Business Profile management assistance, directory listing management, and related digital presence services for professional service businesses.

We are a technology platform, not a marketing agency. We provide tools and automation. We do not provide guarantees of specific business outcomes.

You must be at least 18 years of age and have the legal authority to enter into binding contracts to use this Service. By creating an account, you represent that all information you provide is accurate and that you will keep it current.

You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorised use.

3.1 PrescenseOS is offered on a subscription basis. Fees are billed monthly in advance via Razorpay.

3.2 Except as required by applicable law, all fees are non-refundable. No refunds or credits are issued for partial months, unused features, or early cancellation.

3.3 Cancellation takes effect at the end of the current billing period. You retain access to the Service until that date.

3.4 We reserve the right to change pricing with 30 days written notice to your registered email address. Continued use after the effective date constitutes acceptance of new pricing.

3.5 Setup fees are one-time, non-refundable, and charged at the time of account creation.

4.1 We make no guarantee, representation, or warranty that use of the Service will result in improved search engine rankings, increased website traffic, increased revenue, AI search citations, or any other specific business outcome.

4.2 Search engine algorithms, AI model behaviours, and digital marketing landscapes change frequently and without notice. Rankings and visibility that exist today may not exist tomorrow, for reasons entirely outside our control.

4.3 Our role is to implement industry-standard best practices and automation on your behalf. Outcomes depend on factors including but not limited to: your industry, your location, your competition, the quality of your existing business profile, third-party platform changes, and market conditions.

5.1 The Service relies on third-party application programming interfaces (APIs) and platforms including but not limited to: Google (Search Console, Business Profile, PageSpeed Insights, Places API), Anthropic (Claude AI), OpenAI, Perplexity AI, Google Gemini, Razorpay, Resend, Vercel, Supabase, and WordPress.

5.2 We are not responsible for and cannot be held liable for:

• Changes to pricing, terms, or availability of any third-party API or platform
• Deprecation or discontinuation of any third-party service
• Service outages, rate limiting, or degraded performance caused by third-party providers
• Changes to AI model behaviour, outputs, or capabilities
• Changes to search engine or AI platform algorithms that affect your visibility
• Any cost increases imposed by third-party providers that we absorb or pass through

5.3 In the event a critical third-party service becomes unavailable, we will make commercially reasonable efforts to restore equivalent functionality through alternative providers, but cannot guarantee timelines or identical feature parity.

6.1 The Service uses artificial intelligence to generate content including but not limited to: blog articles, Google Business Profile posts, FAQ responses, meta descriptions, and structured data.

6.2 All AI-generated content is presented for your review and approval before publication. You bear sole responsibility for reviewing, approving, and publishing any content generated by the Platform.

6.3 We do not warrant that AI-generated content is accurate, complete, current, or free from errors. We are not liable for any consequences arising from factual inaccuracies, copyright issues, reputational damage, regulatory non-compliance, or any other harm resulting from AI-generated content that you approve and publish.

6.4 By approving content for publication, you accept full responsibility for that content.

7.1 You grant us permission to access and use data from connected services (Google Search Console, Google Business Profile, your website) solely to provide the Service.

7.2 We store sensitive credentials (including WordPress application passwords and Google OAuth tokens) in encrypted form. Encryption keys are maintained separately from stored data.

7.3 You are responsible for maintaining the security of your account credentials and any application passwords you provide to us.

7.4 We will never sell your business data to third parties. Data is used exclusively to provide and improve the operational performance of the Service. We do not use your business data to train AI models.

8.1 The Platform, its code, design, and original content remain the intellectual property of PrescenseOS and its operators.

8.2 Content generated by the Platform on your behalf (articles, posts, descriptions) is owned by you upon your approval and publication.

8.3 You grant us a limited licence to use your business name, logo, and provided materials solely for the purpose of delivering the Service.

9.1 To the maximum extent permitted by applicable law, our total aggregate liability to you for any claim arising out of or relating to these Terms or the Service shall not exceed the total fees you paid to us in the three (3) calendar months immediately preceding the event giving rise to the claim.

9.2 To the fullest extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.

9.3 These limitations apply regardless of the theory of liability — whether in contract, tort, negligence, strict liability, or otherwise.

You agree to indemnify, defend, and hold harmless PrescenseOS, its operators, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) content you approve and publish through the Platform; (d) your business operations; or (e) your violation of any third-party rights.

You may not use the Service to: (a) violate any applicable law or regulation; (b) infringe the intellectual property rights of any third party; (c) publish content that is defamatory, fraudulent, or deceptive; (d) attempt to reverse-engineer, copy, or replicate the Platform; (e) use the Service in any manner that could damage, disable, or impair the Platform.

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time with reasonable notice where practicable. We will endeavour to provide 30 days notice for material changes. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13.1 You may cancel your subscription at any time through your account settings or by contacting us.

13.2 We reserve the right to suspend or terminate your account immediately if you violate these Terms, fail to pay fees when due, or if we determine your use poses a risk to the Platform or other users.

13.3 Upon termination, your access to the Service ends. We will retain your data for 30 days following termination, after which it may be permanently deleted from primary systems. You may request data export before this period expires. Residual data may persist in encrypted backup systems for up to 90 days after deletion from primary systems before being permanently purged.

14.1 These Terms are governed by the laws of India, without regard to conflict of law principles.

14.2 Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation between the parties.

14.3 If negotiation fails, disputes shall be subject to the exclusive jurisdiction of the courts located in Chennai, Tamil Nadu, India.

We process personal data in accordance with India’s Digital Personal Data Protection Act, 2023 (DPDP Act). Your consent to data processing is recorded at account creation. Please refer to our Privacy Policy for full details of how we collect, use, and protect your personal data, and your rights thereunder.

We shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, internet infrastructure outages, cyberattacks, pandemics, or any other event outside our reasonable control. We will notify you of such events where reasonably practicable and will resume performance as soon as reasonably possible.

The Service is provided on an “as available” basis. We do not provide any uptime guarantee or service level agreement. Planned maintenance will be communicated where reasonably practicable. We are not liable for any losses arising from service unavailability.

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Our failure to enforce any right or provision of these Terms on any occasion shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorised representative of PrescenseOS to be effective.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PrescenseOS with respect to the Service and supersede all prior agreements, representations, and understandings.

For questions about these Terms, contact us at: hello@prescenseos.in