Terms of service

1. Who can use Pre-sent

You must be at least 18 years old and able to enter a binding contract under Indian law and the law of the country where you live. You may record messages for anyone, including children, as described in our Privacy notice. One person, one account; you may not create an account for someone else or pretend to be someone else.

2. What Pre-sent does

Pre-sent lets you record voice and video messages and choose who receives each one and when it opens: on a date, on a birthday, when the recipient decides ("open when"), or when you release it yourself. When a message opens we email its recipients, and they can play it and save it to their own devices.

3. What Pre-sent does not promise

• We work hard to deliver every message at its time, but we cannot guarantee that a message will be delivered, received, opened or saved. Delivery depends on things outside our control, such as a correct and working email address, the recipient's devices and email provider, and networks.
• Messages set to open "someday" are released by you. Pre-sent does not yet release messages automatically after a person's death or incapacity. Do not rely on Pre-sent as your only way to pass on something important, and do not use it for wills, legal instructions or anything time-critical.
• Pre-sent is not an archive. After a message opens, its recipients have 30 days to save it; after that it is moved out of reach and deleted a year later. Keep your own copies of recordings that matter to you.
• Automatic transcripts may contain mistakes.
• Pre-sent is a new service. Features may change, be paused or be withdrawn, and the service may be unavailable at times for maintenance or reasons outside our control.

4. Your account

Keep access to your email account and devices secure: anyone who can read your email can sign in as you. You are responsible for what happens in your account. Tell us at once at privacy@pre-sent.ai if you think someone else has used it.

5. Your messages and content

• You own the recordings, text and other content you put into Pre-sent ("your content").
• You give us a non-exclusive, worldwide, royalty-free licence to store, copy, process (including transcription and format conversion), and deliver your content, only to provide Pre-sent to you and to the recipients you choose, for as long as we keep it under these terms.
• You confirm that you have the right to record and share your content; that everyone who can be heard or seen in it agreed to be recorded and shared (or that you are their parent or lawful guardian); and that your content does not infringe anyone's rights or break any law.
• You are solely responsible for your content and for who you send it to. We do not review messages before they are delivered, and we are not responsible for what users record or send.
• Relatives who record for a capsule you organise agree to these terms for their message, and you are responsible for whom you share capsule links with.

6. What you must not do

You must not use Pre-sent to:

• record or send anything unlawful, defamatory, obscene, hateful, harassing, threatening, or that invades someone's privacy;
• record or share any sexual content involving a minor, or anything that harms children (we report such content to the authorities);
• send messages or emails to people who do not want them, or use Pre-sent for advertising, spam or chain messages;
• impersonate anyone, or record someone without their consent where consent is required;
• infringe copyright, trademarks or other rights;
• upload viruses, try to get around limits or security, access other people's data, overload or disrupt the service, or copy or resell it;
• do anything listed in Rule 3(1)(b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

7. Our rights to act

If we reasonably believe that an account or content breaks these terms or the law, or puts users, the public or Pre-sent at risk, we may, without prior notice where the law allows: remove or disable content, stop deliveries, limit features, suspend or close the account, and preserve and share information with authorities when legally required. We will tell you what we did and why, unless the law or safety prevents it, and you can contact our Grievance Officer.

8. Limits

To keep Pre-sent fair and affordable, each account has limits, for example on recording length, file size, the number of messages and storage. Limits are shown in the app and may change.

9. Fees

Pre-sent is free while it is in early access. If we introduce paid plans, we will tell you the price and what it includes before you are charged, and nothing will be charged without your agreement.

10. Ending

You can stop using Pre-sent and delete your account at any time in Settings. We may end these terms or close Pre-sent with 30 days' notice by email, during which you can save your messages, or immediately where section 7 applies. Sections 3, 5 (your responsibilities), 11, 12, 13 and 15 continue after the agreement ends.

11. Disclaimer

Pre-sent is provided "as is" and "as available". To the fullest extent permitted by law, we make no warranties, express or implied, including about fitness for a particular purpose, uninterrupted or error-free operation, or that content will never be lost. Nothing in these terms limits rights you have under the Consumer Protection Act, 2019 or other law that cannot be excluded.

12. Limitation of liability

• To the fullest extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for loss of data, content, profits, goodwill or emotional distress, arising from the use of or inability to use Pre-sent, including a message that was not delivered, delivered late, or lost.
• Our total liability to you for all claims relating to Pre-sent is limited to the greater of the amount you paid us in the 12 months before the claim and ₹1,000.
• Nothing here limits liability for fraud, or for anything else that cannot be limited by law.

13. Your responsibility to us

You agree to compensate and defend us, our directors and staff against claims, losses and costs (including reasonable legal fees) arising from your content, your breach of these terms, or your violation of anyone's rights or the law.

14. Events beyond our control

We are not responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, epidemics, war, government action, power or network failures, and failures of our service providers.

15. Law and disputes

These terms are governed by the laws of India. Before starting any claim, please write to our Grievance Officer so we can try to resolve it. Any dispute that is not resolved within 30 days will be settled by arbitration by a sole arbitrator appointed by us, under the Arbitration and Conciliation Act, 1996, seated in Lucknow, in English. Subject to that, the courts at Lucknow, Uttar Pradesh have exclusive jurisdiction. This does not prevent you from approaching a consumer commission where the law allows.

16. Grievances and notices

Complaints about content, accounts or these terms go to our Grievance Officer, Vaibhav Singh, at privacy@pre-sent.ai or +1-1234567890. We acknowledge complaints within 24 hours and resolve them within 15 days, or sooner where the law requires. We may send you notices by email or in the app.

17. General

• We may change these terms. For changes that matter, we will tell you by email or in the app at least 15 days before they take effect; continuing to use Pre-sent after that means you accept them.
• If any part of these terms is found unenforceable, the rest stays in force.
• If we do not enforce a right straight away, we do not give it up.
• You may not transfer your rights under these terms. We may transfer ours to a company that takes over Pre-sent, and will tell you if we do.
• These terms and our Privacy notice are the whole agreement between you and us about Pre-sent.
• These terms may be shown in other languages for convenience; if they differ, the English version applies.

18. If you live in the UAE or elsewhere in the Gulf

If you live in the United Arab Emirates, Saudi Arabia, Qatar, Bahrain, Kuwait or Oman, the rest of these terms apply to you with these additions:

• You must follow the laws of the country where you live and of the countries where your recipients live, including laws on cybercrime, privacy, defamation, religion and public morals, such as the UAE's Federal Decree-Law No. 34 of 2021 on Combating Rumours and Cybercrimes. Content that is lawful in one country may be an offence in another. You alone are responsible for what you record and send.
• In particular, do not record, photograph or share any person's voice, image or private family matters without their consent. In the UAE and several other Gulf countries this can be a criminal offence.
• A Pre-sent message is not a will. It does not transfer property or rights, and it does not change how an estate is shared under Sharia or any other law. Pre-sent does not give legal, religious or inheritance advice.
• Nothing in these terms takes away rights you have under the consumer protection law of your country that cannot be excluded by agreement, such as the UAE's Federal Law No. 15 of 2020 on Consumer Protection. Where such a law gives you a remedy, or the right to go to a court or consumer authority where you live, section 15 does not prevent it.
• If we introduce paid plans, prices will show whether they include VAT or other taxes that apply where you live.
• An Arabic translation of these terms is provided for convenience. If it differs from the English version, the English version applies, unless the law where you live requires otherwise.