Terms of Service

Agreement

These Terms of Service (the "Terms") form a binding agreement between you and Nielsen Information Services LLC, an Arizona limited liability company doing business as PresenceReport ("PresenceReport," "we," "us," or "our"). They govern your access to and use of the PresenceReport website, the application at app.presencereport.com, and any related services we offer (together, the "Service").

By creating an account, clicking "I agree," or otherwise using the Service, you confirm that you have read these Terms and agree to be bound by them. If you do not agree, do not use the Service.

Definitions

For clarity throughout these Terms:

• "Account" means the user account you create to access the Service.
• "Audit" means a single online presence audit you run on a business through the Service.
• "Report" means the output of an Audit — including the Presence Score, category breakdowns, competitor analysis, and recommendations.
• "Credits" means your remaining audit allowance under your current plan.
• "Subscription" means a paid recurring plan (Starter or Pro).
• "You" means the individual or legal entity that registers and uses the Account.

Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. By using the Service, you represent that you meet these requirements.

The Service is marketed and offered to individuals and businesses located in the United States and Canada. We do not actively market to residents of the European Union, the United Kingdom, or any other jurisdiction outside the United States and Canada. If you access the Service from outside these regions, you do so on your own initiative and are responsible for compliance with your local laws.

You may not use the Service if you are located in, or are a citizen or resident of, any country or region that is subject to a comprehensive U.S. embargo (currently including but not limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions), or if you are listed on any U.S. government list of restricted persons.

Your Account

To use most features of the Service, you must create an Account. You agree to provide accurate, current, and complete information when registering, and to keep that information current.

You are responsible for safeguarding your login credentials and for all activity that occurs under your Account, whether or not you authorized it. You agree to notify us immediately at support@presencereport.com if you suspect any unauthorized use of your Account.

One person or one legal entity may not maintain more than one free Account, and you may not use the free plan to circumvent paid plan limits.

The Service

PresenceReport is a software-as-a-service tool that generates online presence Audits for local businesses. Each Audit pulls live data from sources including the Google Places API and the audited business's public web presence, scores that data across multiple categories, benchmarks against local competitors, and produces a structured Report with prioritized recommendations.

We work continuously to improve the Service. Features, scoring methods, and the data sources we rely on may change over time. We may add new features, modify existing ones, or retire features that no longer serve our users.

Plans & Free Audits

Free plan

Every new Account receives three (3) free Audits on a one-time basis. These free Audits do not renew or reset on any schedule — once they are used, no additional Audits will be issued unless you upgrade to a paid plan. There is no time limit on using your free Audits.

The Reports generated by your free Audits remain accessible in your Account for as long as your Account exists.

Paid plans

Paid plans (currently Starter and Pro) include a monthly allowance of Audit Credits, which reset at the start of each billing cycle. Unused Credits do not roll over to the next billing cycle.

Plan features, Credit allowances, and prices are listed on our pricing page and may be updated from time to time. Material price changes will not take effect for current subscribers until their next billing cycle following at least 30 days' notice.

Billing & Subscriptions

Paid plans are billed in U.S. dollars on a monthly recurring basis through our payment processor, Stripe, Inc. By subscribing, you authorize us to charge your designated payment method on each billing cycle until you cancel.

Auto-renewal

Your subscription will automatically renew each month at the then-current rate until you cancel. If your payment method fails, we may retry the charge, suspend your Subscription, or downgrade your Account to the free tier.

Taxes

Prices shown do not include sales tax, VAT, or other applicable taxes. You are responsible for any taxes that apply based on your location.

Plan changes

You can upgrade or downgrade your plan at any time from your Account billing settings. Upgrades take effect immediately and are billed on a prorated basis. Downgrades take effect at the start of the next billing cycle.

Cancellation

You can cancel your Subscription at any time. To cancel:

1. Log in to your Account at app.presencereport.com
2. Go to Billing
3. Click Manage Subscription
4. Follow the cancellation steps

Cancellation takes effect at the end of your current paid billing period. Until then, you retain full access to your plan's features and any remaining Credits for the current cycle. After cancellation:

• No further charges will be made.
• Your Account remains active.
• Any unused Credits from your final billing cycle remain available until they are consumed.
• No new Credits will be issued.
• Reports you previously generated remain accessible in your Account until you delete the Account.

Refunds

All sales are final. We do not offer refunds, including for partial months, unused Credits, or unused portions of a billing cycle.

This policy reflects the nature of the Service: Subscriptions can be canceled at any time to stop future billing, and you retain full access through the end of any period you've paid for.

If you believe you were charged in error — for example, a duplicate charge or a charge after cancellation — please contact us at support@presencereport.com. We will review billing errors in good faith and correct them where appropriate.

See our complete Refund & Cancellation Policy for additional details.

Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service to violate any applicable law or regulation.
• Use the Service to harass, defame, or harm any person or business.
• Resell, sublicense, or redistribute the Service or your access to it.
• Attempt to gain unauthorized access to the Service, other Accounts, or any related systems.
• Reverse engineer, decompile, or attempt to extract the source code or underlying methodology of the Service.
• Use bots, scrapers, or other automated means to access the Service except through any documented API we expressly provide.
• Submit false, misleading, or fraudulent information to the Service.
• Use the Service to generate Reports about businesses for the purpose of extortion, false advertising, or unfair competition.
• Circumvent any usage limits, rate limits, or quota restrictions.
• Interfere with the security, integrity, or performance of the Service.

We may suspend or terminate Accounts that violate these rules without notice and without refund.

Your Data & Reports

The Reports you generate are yours to use. You own the work product you create using the Service and may share Reports with prospects, clients, or others for legitimate business purposes — including under your own branding where your plan provides white-label features.

The Reports rely in part on third-party data (notably the Google Places API). You are responsible for complying with the terms of any third-party data sources that apply to the data shown in your Reports, including attribution requirements where applicable.

We retain a copy of your Account data, including Reports you've generated, for the purposes of providing the Service. See our Privacy Policy for details on how we handle your data.

Third-Party Services

The Service depends on, and integrates with, a number of third-party services and APIs. These include but are not limited to:

• Stripe — payment processing
• Amazon Web Services (AWS) — hosting, storage, and email delivery (SES)
• Google Places API and other Google APIs — business listing data, search data
• Anthropic, OpenAI, and Google (Gemini) — AI-powered features including pitch generation and AI visibility checks
• Third-party SEO data providers — supplementary search and ranking data

Each of these third parties has its own terms of service and privacy practices. Disruptions, errors, or changes by a third-party provider may affect the Service. We are not responsible for the acts or omissions of third-party providers, but we will make commercially reasonable efforts to mitigate any impact on the Service.

Intellectual Property

The Service, including its design, code, the Presence Score methodology, the structure and format of Reports, our documentation, and all related trademarks (including "PresenceReport"), are owned by Nielsen Information Services LLC or its licensors and are protected by U.S. and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during the term of your Account. This license does not include any right to copy, modify, distribute, or create derivative works from the Service itself.

You retain ownership of the Reports you generate (subject to the third-party data terms mentioned above) and any branding or content you upload to the Service.

Disclaimers

The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

Specifically, but without limiting the foregoing:

• We do not warrant that the Service will be uninterrupted, error-free, or secure.
• We do not warrant the accuracy, completeness, or timeliness of any data the Service retrieves from third-party sources.
• We do not warrant that following the recommendations in any Report will improve any business's search rankings, traffic, revenue, or any other outcome.
• AI-generated content (including AI Visibility Check results, recommendations, and sales pitch text) may contain inaccuracies or errors. You are responsible for reviewing it before relying on it.

Limitation of Liability

To the fullest extent permitted by applicable law:

In no event will Nielsen Information Services LLC, its members, officers, employees, contractors, or affiliates be liable to you for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, arising out of or relating to your use of the Service — even if we have been advised of the possibility of such damages.

Our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US$100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Nielsen Information Services LLC and its members, officers, employees, contractors, and affiliates from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property or privacy right; or (d) any content or data you submit to the Service.

Termination

You may stop using the Service and close your Account at any time. To delete your Account, contact support@presencereport.com. Account deletion is permanent and removes your Reports and Account data, subject to data we are required to retain for legal, accounting, or security purposes.

We may suspend or terminate your Account at any time, with or without notice, if we believe you have violated these Terms, presented a risk to other users or to us, or if we are required to do so by law. If we terminate your Account for a violation, you are not entitled to a refund.

The provisions of these Terms that by their nature should survive termination — including but not limited to intellectual property, disclaimers, limitation of liability, indemnification, governing law, and disputes — will survive termination.

Governing Law

These Terms and your use of the Service are governed by the laws of the State of Arizona, United States, without regard to its conflict-of-laws principles. The federal and state courts located in Maricopa County, Arizona will have exclusive jurisdiction over any disputes not subject to the dispute resolution provisions below.

Disputes

If you have a dispute with us, please first contact us at support@presencereport.com. We will make good-faith efforts to resolve the dispute informally.

If we cannot resolve the dispute informally within sixty (60) days, either party may pursue the dispute in court as provided in the Governing Law section above. Both parties waive any right to a jury trial.

Any claim must be filed within one (1) year after the claim arose, or it is permanently barred.

Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last Updated" date at the top of this page. For material changes, we will provide notice through the Service or by email to the address on your Account at least 30 days before the change takes effect.

Your continued use of the Service after a change takes effect constitutes your acceptance of the revised Terms. If you do not agree with a change, you should stop using the Service and cancel your Subscription before the change takes effect.

Contact

Questions about these Terms? Contact us at:

Nielsen Information Services LLC
1755 North Pebblecreek Parkway #1339
Goodyear, AZ 85395
United States
Email: support@presencereport.com