Terms of Service — Present IRL

Last Updated: May 13, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A BINDING ARBITRATION PROVISION (SEE SECTION 23) AND A CLASS ACTION WAIVER (SEE SECTION 24) THAT AFFECT YOUR LEGAL RIGHTS. BY ACCEPTING THESE TERMS, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

These Terms of Service ("Terms" or “Agreement”) are a legally binding agreement between you (“User,” “you,” or “your”) and PRESENT IRL LLC, a California limited liability company (“Company,” “we,” “us,” or “our”), governing your use of the PRESENT IRL mobile application, website, and related services (collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE, OR BY CLICKING “ACCEPT” OR “AGREE,” YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS; (B) REPRESENT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; AND (C) ACCEPT THESE TERMS AS LEGALLY BINDING. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.

YOU FURTHER UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH THE COMPANY WILL BE RESPONSIBLE FOR.

1. ELIGIBILITY

The Service is intended for users who are at least eighteen (18) years of age or the age of majority in their jurisdiction, whichever is greater. By using the Service, you represent that you meet this age requirement, have the legal capacity to enter into this Agreement, and are not prohibited by law from using the Service. Users between thirteen (13) and eighteen (18) may use the Service only with parental or guardian consent and supervision. THE SERVICE IS NOT DIRECTED TO CHILDREN UNDER THIRTEEN (13). We do not knowingly collect personal information from children under 13 and will delete any such information upon discovery.

2. DESCRIPTION OF SERVICE

PRESENT IRL provides a technology platform enabling users to create, share, discover, and coordinate real-life social interactions, gatherings, and events (collectively, “Moments”). The Service serves solely as a neutral platform for user-initiated communications and does not organize, supervise, or control any Moment, unless expressly stated otherwise in a separate written agreement. The Company is a technology provider only and is not a party to any agreement or transaction between users.

THE COMPANY DOES NOT ORGANIZE, HOST, SUPERVISE, SPONSOR, ENDORSE, OR CONTROL ANY MOMENT, AND HAS NO INVOLVEMENT IN THE PLANNING, EXECUTION, OR OUTCOME OF ANY MOMENT, UNLESS EXPRESSLY STATED IN A SEPARATE WRITTEN AGREEMENT.

THE COMPANY TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY MOMENT, NOR DOES IT ENDORSE ANY MOMENT OR RELATED CONTENT. FURTHER, THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING: (A) USER ATTENDANCE, CONDUCT, OR PARTICIPATION; (B) THE SAFETY, LEGALITY, OR SUITABILITY OF ANY MOMENT OR LOCATION; (C) THE ACCURACY OR RELIABILITY OF USER-PROVIDED INFORMATION; OR (D) THE IDENTITY, BACKGROUND, OR INTENTIONS OF ANY USER. THE COMPANY DISCLAIMS ALL LIABILITY FOR USER ACTS OR OMISSIONS.

3. USER ACCOUNTS

To access certain features, you must register for an account. You are solely responsible for: (a) maintaining the confidentiality of your account credentials; (b) restricting access to your account and devices; and (c) all activities under your account, whether authorized or not. You must immediately notify the Company at connect@present-irl.com of any unauthorized use or security breach. The Company is not liable for any loss arising from your failure to comply with this Section.

You represent that all information you provide is true, accurate, current, and complete, and you agree to promptly update it. Providing false or misleading information is a material breach and may result in immediate account termination. You further agree that you will not: (a) create more than one account; (b) create another account if your account has been terminated or disabled, unless the Company has expressly permitted it in writing; (c) sell, lease, or otherwise transfer access to your account or credentials; or (d) log in to or attempt to access the Service through unauthorized third-party applications, clients, or channels.

The Company may suspend or terminate your account at any time, for any reason, with or without notice, including for suspected fraud, abuse, Terms violations, harmful conduct, law enforcement requests, inactivity, or security issues. The Company shall not be liable for any suspension or termination.

4. THIRD-PARTY SIGN-IN SERVICES

The Service may allow you to create an account and sign in using third-party authentication services, including Sign in with Apple and Sign in with Google (collectively, “Third-Party Sign-In Services”). By using a Third-Party Sign-In Service, you authorize the Company to access and receive certain information from that service. For details on what information we collect through Third-Party Sign-In Services, how we use and share that information, and your choices regarding its collection, please review our Privacy Policy.

5. USER CONDUCT

As a condition of your use of the Service, you agree that you shall not, and shall not permit any third party to, use the Service to:

Violate any applicable federal, state, local, or international law, statute, ordinance, rule, or regulation, or encourage or facilitate any such violation by others
Harass, threaten, stalk, intimidate, defame, abuse, or harm any person, or engage in any conduct that is discriminatory, hateful, obscene, or otherwise objectionable
Impersonate any person or entity, falsely claim an affiliation, or misrepresent your identity, age, qualifications, or credentials
Use the Service for any commercial purpose, advertising, solicitation, or promotional activity without the prior written consent of the Company
Interfere with, disrupt, damage, or attempt to gain unauthorized access to the Service, its servers, networks, or systems, or the accounts of other users, including through the use of viruses, malware, bots, scrapers, or other harmful code or technology
Transmit, upload, or distribute any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, pornographic, invasive of another’s privacy, or otherwise objectionable
Collect, harvest, or store personal information of other users without their express consent
Circumvent, disable, or otherwise interfere with any security-related features of the Service, or attempt to probe, scan, or test the vulnerability of any system or network
Use the Service to plan, organize, promote, or facilitate any illegal activity, or any activity that creates a risk of harm, injury, or damage to any person or property.

The Company reserves the right, but has no duty, to: (a) monitor or investigate any use of the Service or content; (b) remove or restrict access to content that violates these Terms or may expose the Company to liability; (c) report illegal activity to authorities and cooperate with them; and (d) take other action to protect its rights and those of third parties. THE COMPANY ASSUMES NO LIABILITY FOR ANY ACTION TAKEN OR NOT TAKEN IN MONITORING OR ENFORCING THESE TERMS.

6. REAL-WORLD INTERACTIONS DISCLAIMER

The Service facilitates communications that may lead to real-world meetings. THESE INTERACTIONS ARE INHERENTLY RISKY AND MAY RESULT IN PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH.

THE COMPANY DOES NOT CONDUCT BACKGROUND CHECKS, IDENTITY VERIFICATION, OR ANY VETTING OF USERS, AND MAKES NO REPRESENTATIONS REGARDING USER CHARACTER, BACKGROUND, OR INTENTIONS
THE COMPANY DOES NOT SCREEN, MONITOR, OR CONTROL USER CONTENT, COMMUNICATIONS, OR BEHAVIOR, AND HAS NO DUTY TO DO SO
USERS MAY MISREPRESENT THEIR IDENTITY OR OTHER INFORMATION, AND MAY ACT IN A DANGEROUS OR UNLAWFUL MANNER
THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTIONS, OR OMISSIONS OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE, BEFORE, DURING, OR AFTER ANY MOMENT OR INTERACTION.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS AND FOR EXERCISING APPROPRIATE SAFETY MEASURES. THE COMPANY RECOMMENDS MEETING IN PUBLIC LOCATIONS, INFORMING A TRUSTED PERSON OF YOUR PLANS, AND LEAVING ANY UNSAFE SITUATION.

7. NO DUTY TO VERIFY / NO ENDORSEMENT

THE COMPANY HAS NO OBLIGATION TO VERIFY ANY ASPECT OF ANY USER, MOMENT, LOCATION, OR CONTENT, AND UNDERTAKES NO DUTY OF CARE REGARDING ANY INTERACTION FACILITATED THROUGH THE SERVICE.

THE APPEARANCE OF ANY USER, MOMENT, OR CONTENT ON THE SERVICE DOES NOT CONSTITUTE ENDORSEMENT OR APPROVAL BY THE COMPANY.

8. ASSUMPTION OF RISK

BY USING THE SERVICE OR PARTICIPATING IN ANY MOMENT, YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, INCLUDING BUT NOT LIMITED TO:

PERSONAL INJURY, BODILY HARM, ILLNESS, OR DEATH
THEFT, ASSAULT, OR OTHER CRIMINAL ACTIVITY
EXPOSURE TO HAZARDOUS OR DANGEROUS CONDITIONS
NEGLIGENT, RECKLESS, INTENTIONAL, OR CRIMINAL ACTS OF OTHER USERS OR THIRD PARTIES.

THESE RISKS MAY ARISE FROM FORESEEABLE OR UNFORESEEABLE CIRCUMSTANCES, INCLUDING THE NEGLIGENCE OF THE COMPANY, OTHER USERS, OR THIRD PARTIES.

9. RELEASE AND WAIVER OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND WAIVE ALL CLAIMS AGAINST THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PARTNERS (COLLECTIVELY, “RELEASED PARTIES”) ARISING FROM:

YOUR USE OF THE SERVICE AND ANY INTERACTIONS WITH OTHER USERS
YOUR PARTICIPATION IN ANY MOMENT
ANY ACT OR OMISSION OF ANY USER OR THIRD PARTY, INCLUDING NEGLIGENT OR CRIMINAL CONDUCT
ANY INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM ANY MOMENT OR INTERACTION
ANY DISPUTE BETWEEN YOU AND OTHER USERS OR THIRD PARTIES.

10. HOST VS PARTICIPANT RESPONSIBILITY

Users who create, organize, or host Moments through the Service (“Hosts”) are solely responsible for:

All aspects of planning, organizing, and executing the Moment
Compliance with all applicable laws, regulations, and permit requirements
All safety measures and ensuring a safe environment for participants
Obtaining all necessary permissions and authorizations for the location and activities
Providing accurate information about the Moment, including potential risks or restrictions.

Users who attend Moments (“Participants”) are solely responsible for their decision to attend, their own conduct and safety, and complying with applicable laws and Host instructions.

THE COMPANY IS NOT A PARTY TO ANY RELATIONSHIP BETWEEN USERS AND HAS NO LIABILITY FOR ANY MOMENT OR USER INTERACTION. DISPUTES BETWEEN USERS SHALL BE RESOLVED BETWEEN THE PARTIES INVOLVED.

11. LOCATION-BASED AND ENVIRONMENTAL RISKS

Moments may occur in public spaces, private properties, commercial establishments, outdoor environments, or other locations with varying levels of risk, accessibility, legality, and safety.

THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY MOMENT LOCATION AND HAS NOT INSPECTED OR APPROVED ANY SUCH LOCATION. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING ANY LOCATION BEFORE ATTENDING.

12. USER CONTENT

Subject to the licenses granted herein, you retain ownership of content you submit through the Service (“User Content”). You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you own or control all rights in your User Content, have obtained necessary permissions from individuals depicted therein, and that your User Content does not infringe third-party rights. You agree to indemnify the Company from any claims arising from your User Content.

By submitting User Content, you grant the Company a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use, modify, reproduce, distribute, and otherwise exploit such User Content in any media for any purpose, including operating and promoting the Service. This license continues even if you stop using the Service. To the extent it's necessary, you also grant The Company the unrestricted, worldwide, perpetual right and license to use your name, likeness, and if it is contained in the User Content. This means, among other things, that you will not be entitled to any compensation from The Company if your name, likeness, or voice is used in accordance with the rights granted in this provision.

13. FEEDBACK

If you provide feedback, suggestions, or ideas regarding the Service (“Feedback”), you assign to the Company all rights therein and acknowledge the Company may freely use the Feedback without obligation or compensation to you. Feedback is non-confidential.

14. INTELLECTUAL PROPERTY

The Service and all content, features, software, trademarks, and other materials available through the Service, excluding User Content (collectively, “Company Materials”), are owned by the Company or its licensors and protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service and Company Materials solely for personal, non-commercial purposes. You shall not copy, modify, reverse engineer, or create derivative works from the Service; rent, sell, or transfer rights to the Service; or remove proprietary notices. All rights not expressly granted are reserved.

15. DMCA NOTICE

The Company’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the “DMCA”). Copyright-infringing materials found on the Service can be identified and removed via the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying the Company that your copyrighted material has been infringed. The Company does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, the Company will respond by either taking down the allegedly infringing content or blocking access to it. The Company may contact the notice provider to request additional information. Under the DMCA, the Company is required to take reasonable steps to notify the user who posted the allegedly infringing content (the “Alleged Infringer”). The Alleged Infringer is allowed under the law to send the Company a counter-notification. Notices and counter-notices are legal notices distinct from regular Service activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located]”);
Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide reasonably sufficient information to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”;
Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
Be signed; and
Be sent to us at the following address (with a copy via email to connect@present-irl.com)

2019 N St #15078

Sacramento, CA 95816, United States

Attn: Present IRL, LLC

16. THIRD-PARTY SERVICES

The Service may contain links to or integrate with third-party websites, applications, services, or resources, including third-party authentication or sign-in services (collectively, “Third-Party Services”). Third-Party Services are provided as a convenience, and the Company has no control over them.

THE COMPANY DOES NOT ENDORSE AND MAKES NO REPRESENTATIONS REGARDING ANY THIRD-PARTY SERVICES, INCLUDING THEIR CONTENT, ACCURACY, AVAILABILITY, SECURITY, OR PRIVACY PRACTICES. YOUR USE OF THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THEIR TERMS AND PRIVACY POLICIES. THE COMPANY IS NOT LIABLE FOR ANY DAMAGE ARISING FROM YOUR USE OF THIRD-PARTY SERVICES.

17. PRIVACY

Your use of the Service is subject to our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection, use, and processing of your information as described in the Privacy Policy.

18. DISCLAIMERS

THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; AND WARRANTIES REGARDING USER SAFETY OR INTENTIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE COMPANY’S WARRANTIES ARE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

19. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES:

ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA
ANY DIRECT DAMAGES IN EXCESS OF THE GREATER OF: (A) $100; OR (B) THE AMOUNTS PAID TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
ANY INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR PARTICIPATION IN ANY MOMENT
ANY UNAUTHORIZED ACCESS TO YOUR DATA OR ACCOUNT, OR ANY CONDUCT OF ANY THIRD PARTY.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME LIMITATIONS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS SECTION SHALL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

20. INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless the Company and all Released Parties from any claims, losses, damages, costs, and expenses (including attorneys’ fees) arising from:

Your access to or use of the Service, including any User Content you submit, post, or transmit through the Service
Your participation in any Moment or interactions with other users
Your breach of these Terms
Your violation of any applicable law or third-party right
Any dispute or controversy between you and any other user or third party
The Company may, at its expense, assume exclusive defense and control of any matter subject to indemnification, in which case you will cooperate in asserting available defenses. You shall not settle any claim without the Company’s prior written consent.

21. TERMINATION

The Company may suspend, restrict, or terminate your access to the Service at any time, for any reason, with or without notice. Grounds may include: (a) breach of these Terms; (b) harmful conduct; (c) fraudulent, illegal, or abusive activity; or (d) failure to pay any fees owed.

You may terminate your account at any time by discontinuing use and following any account deletion procedures. Upon termination: (a) your right to access the Service immediately ceases; (b) the Company may delete your account and data; and (c) provisions that by their nature should survive termination shall survive, including disclaimers, releases, indemnification, limitations of liability, and dispute resolution provisions.

22. PRE-ARBITRATION DISPUTE RESOLUTION

For all disputes between you and the Company, you must first give the Company an opportunity to resolve the dispute by emailing us at connect@present-irl.com and providing the following information: (1) your full name, (2) your address and email address, (3) a written description of your claim, expressly including any available documentation supporting or otherwise evidencing your claim that is in your possession or available to you through a third party, and (4) a description of the specific relief you seek, the damages and/or injury you suffered, and a calculation for any such damages (a “Dispute Notice”). Each Dispute Notice is limited to a single dispute between you and the Company. As such, your dispute and the disputes of other parties may not be combined into a single Dispute Notice.

Within sixty (60) days after receiving a complete Dispute Notice, the parties are required to conduct an individual meet-and-confer in person, or via teleconference or videoconference, that addresses only the dispute between you and the Company (the “Conference”). If you are represented by counsel, your counsel may participate in the Conference, but you will also need to participate. The Company will participate in the Conference through one or more representatives, which may include our counsel.

Both you and the Company agree that the foregoing dispute resolution procedure (the “Pre-Arbitration Claim Resolution Procedure”) is a condition precedent that must be satisfied before initiating any arbitration or litigation or otherwise filing any claim against the other party. If any aspect or requirement of the Pre-Arbitration Claim Resolution Procedure has not been completed or satisfied, the parties agree that (i) a court of competent jurisdiction can enjoin the filing or prosecution of any arbitration or litigation and (ii) unless prohibited by applicable law, no arbitration administrator shall accept or administer any arbitration or demand fees in connection with the dispute.

23. ARBITRATION

To the extent you cannot resolve any dispute through the Pre-Arbitration Claim Resolution Procedure described above, any dispute between you and the Company relating to these Terms shall be resolved through binding individual arbitration. You agree that the arbitration of any dispute or claim shall be conducted in accordance with the Commercial Rules of the American Arbitration Association (the “AAA”), as modified by these Terms. The AAA Rules and information about arbitration and fees are available online at www.adr.org or by calling the AAA at (800) 778-7879. You and the Company agree that these Terms evidence a transaction in interstate commerce and that this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and will not be governed by state law. The seat, or legal place, of any arbitration will be Los Angeles County, California, but hearings may be held in a reasonably convenient location in the jurisdiction in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Terms as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.

In addition to the AAA Rules, you and the Company agree that upon motion of one or more affected parties, and after providing all other affected parties an opportunity to be heard, the arbitrator may, in its discretion, coordinate more than one arbitration proceeding initiated under this arbitration agreement, in order to promote efficiency in discovery and to avoid inconsistent legal rulings. For the avoidance of doubt, any coordination under the preceding sentence will be limited only to currently pending arbitrations initiated under this agreement, and the arbitrator may not preside over any form of a representative or class proceeding. All parties will retain the right to request an individualized hearing.

You covenant not to sue the Company in any forum other than as permitted herein. Discovery and appeal rights in arbitration are generally more limited than in a lawsuit, and other rights available in court may not be available in arbitration.

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service, purchase of products, or these Terms: (a) YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT OR ARBITRATION INVOLVING ANY SUCH DISPUTE; AND (b) YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, or for any other claims for which injunctive relief is sought. The Company may also seek such relief for any misuse of the Service, violation of these Terms, or to protect the safety of users. Any such action shall not be subject to arbitration. You can bring an individual claim in small claims court in the United States of America consistent with any applicable jurisdictional and monetary limits that may apply within one (1) year after such claim arose, provided that it is brought and maintained as an individual claim.

24. CLASS ACTION WAIVER

YOU AND THE COMPANY AGREE THAT ANY CLAIMS OR DISPUTES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING, WHETHER IN ARBITRATION OR IN COURT. Unless both you and the Company agree otherwise in writing, the arbitrator or court may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief shall be severed and proceed in a court of competent jurisdiction, while the remaining claims shall proceed in arbitration. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY WAIVE THE RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS.

For any Dispute not subject to arbitration, you and the Company agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Los Angeles County, California, and waive any objection to venue in such courts.

25. FORCE MAJEURE

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics, pandemics, war, acts of terrorism, riots, civil unrest, labor disputes, strikes, government actions, regulatory changes, embargoes, power failures, internet or telecommunications outages, cyberattacks, or any other cause beyond the Company’s reasonable control. The Company’s obligations shall be suspended during any such event, and any applicable deadlines or performance periods shall be extended by a period equal to the duration of the force majeure event. The Company shall not be required to settle any labor dispute or take any action it deems contrary to its interests in order to overcome or avoid a force majeure event.

26. GOVERNING LAW

These Terms shall be governed by the laws of the State of California, without regard to conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

27. APP STORE TERMS

If you access the Service from the Apple App Store, you agree to the following:

These Terms are between you and the Company only, and not with Apple Inc. (“Apple”). Apple is not responsible for the Service or its content
Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Service
To the extent of any conflict between these Terms and the Apple Media Services Terms and Conditions, these Terms shall control
Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple shall have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary
You represent and warrant that: (i) you are not located in a country subject to a U.S. Government embargo or designated as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties

28. CHANGES TO TERMS

The Company may modify these Terms at any time by posting revised Terms or notifying you. Continued use after modifications constitutes acceptance. If you disagree with modified Terms, you must stop using the Service.

Notwithstanding the foregoing, any changes to the arbitration provisions of these Terms shall not apply to any Dispute for which you have provided written notice to the Company prior to the date of the change.

29. GENERAL PROVISIONS

Entire Agreement. These Terms and the Privacy Policy constitute the entire agreement between you and the Company regarding the Service.

Severability. If any provision is held invalid or unenforceable, it shall be modified to the minimum extent necessary to be enforceable, or if modification is not possible, severed, and the remaining provisions shall continue in effect.

Waiver. The Company’s failure to enforce any right or provision shall not constitute a waiver. Any waiver must be in writing and signed by the Company. No waiver shall be deemed a continuing waiver or waiver of any other provision.

Assignment. You may not assign these Terms without the Company’s prior written consent. The Company may freely assign these Terms.

No Third-Party Beneficiaries. Except as expressly provided (including Apple in the App Store Terms section), these Terms are for the sole benefit of the parties and do not confer rights on any third party.

Notices. Notices shall be in writing and deemed given when delivered personally, sent by confirmed email, or sent by overnight courier. Notices to the Company shall be sent to the Contact address; notices to you shall be sent to your account email.

Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.

Electronic Communications. By using the Service, you consent to receive electronic communications from the Company, including account notices and transactional information. Electronic communications satisfy any legal requirement that communications be in writing.

30. CONTACT

For questions, comments, or concerns regarding these Terms or the Service, please contact us at: connect@present-irl.com or at the following address: Present IRL LLC, 2019 N St #15078 Sacramento, CA 95816, United States.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEIR TERMS AND CONDITIONS.

[END OF TERMS OF SERVICE]