Terms of service

Last updated 7 October 2026

In short. These terms are the contract between your business and Redstone Castle LLC for Presence. Presence is for businesses only, and it cannot call 911. You are responsible for how your team uses it, especially for consent to texts and to recorded calls. You can cancel at any time, we do not refund part-used periods, and disputes are settled by individual arbitration in New York.

1. About these terms

1.1 Who the agreement is between. Presence is a business phone service provided by Redstone Castle LLC, a New York limited liability company (“we”, “us”, “our”). These Terms of Service (the “Terms”) are an agreement between us and the business or organization that creates a Presence account (“Customer” or “you”).

1.2 How you accept. You accept these Terms when you create an account, complete checkout or use the Service, whichever happens first. The person who accepts confirms that they are at least 18 years old, that they have authority to bind the business, and that the business accepts these Terms. If you do not have that authority, do not create an account or use the Service.

1.3 Business use only. Presence is sold to businesses and other organizations, including sole proprietors, for use in their trade, business or profession. It is not offered for personal, family or household use. You confirm that you are not acquiring the Service as a consumer.

1.4 What the agreement includes. These documents form part of the agreement and apply to you as if written out here:

Our Privacy Policy explains how we handle personal information, and our sub-processor list names the providers we use.

1.5 If documents conflict. The DPA governs anything about processing personal data on your behalf. Otherwise these Terms govern, then the Acceptable Use Policy, the Emergency calling disclosure and the Messaging Terms, then your Order. Terms in any purchase order or other document you send us do not apply, even if we accept or sign it.

2. Words with a defined meaning

3. The Service

3.1 What it is. Presence gives your business US phone numbers that your Users can use to make and receive calls in a web browser and in our phone apps, with shared call history and contacts, voicemail, and, on the plans that include them, call recording, transcripts and AI call notes. Texting is available once your number is registered with the US carriers (Section 9). What each plan includes is shown on our pricing page.

3.2 Current limits. Presence is an internet calling service with deliberate limits. Today:

We may change these limits. When we add or remove a destination or feature, we update the Service description on our website.

3.3 Beta Features and features marked “Soon”. Beta Features are provided as they are, may be incomplete, may change or be withdrawn at any time, and are excluded from any commitment in these Terms about the Service. Anything marked “Soon” or “Planned” on our website is not part of what you are buying.

3.4 Changes to the Service. We improve Presence continuously and may add, change or remove features. If we remove a material feature of a plan you have paid for, we will give you at least 30 days’ notice by email where we reasonably can. If the change materially reduces what you paid for, you may cancel within 30 days of the change and we will refund the prepaid Fees for the rest of your billing period.

3.5 Availability. We work to keep Presence running at all times, but we do not promise that it will be uninterrupted, error free or available in every location. Calls and texts depend on your internet connection, power, devices and browser, on our providers and on other carriers and networks we do not control. Our status page reports how the Service is performing; it is information, not a service-level commitment, and no service credits apply.

3.6 Your equipment. You are responsible for the devices, browsers, internet connections and power your Users need, and for keeping our apps and your browsers up to date. Call quality depends on the network you use.

3.7 Support. Support is by email at support@redstonecastles.com. We aim to answer within one business day.

4. Emergency calls

4.1 PRESENCE CANNOT CALL 911. DIALLING 911, OR ANY OTHER EMERGENCY NUMBER, FROM PRESENCE WILL NOT CONNECT TO EMERGENCY SERVICES, FROM ANY BROWSER, APP OR LOCATION. TEXTING 911 FROM PRESENCE DOES NOT WORK EITHER. KEEP A MOBILE PHONE OR LANDLINE AVAILABLE FOR EMERGENCIES, AND MAKE SURE EVERY USER KNOWS THIS.

4.2 Your duties. You must read the Emergency calling disclosure, tell every User about it before they use Presence, and keep the emergency address registered for each number accurate and current. You acknowledged the disclosure at checkout, and that acknowledgment is recorded.

4.3 If we add emergency calling. We will tell account owners by email and update the disclosure before emergency calling is available, and the limitations then described in the disclosure will apply.

4.4 Liability. To the fullest extent the law allows, we are not liable for any loss, injury or death arising from anyone’s inability to reach emergency services through Presence, and you will indemnify us under Section 23.1 for claims of that kind made by your Users or anyone using your account.

5. Accounts and Users

5.1 Roles. The person who creates the account is its owner. The owner and admins can invite and remove Users, manage numbers, call handling, recording, texting registration and integrations, and see billing. Members use the Service as the owner and admins allow.

5.2 Accurate information. You must give us accurate, complete and current information about your business and its contacts, and keep it up to date. We may verify your identity and your business, and may refuse or suspend service if we cannot.

5.3 Security. Each User must have their own login and keep their credentials private. Do not share logins. We strongly recommend that every User turns on two-step sign-in. Tell us at once at support@redstonecastles.com if you believe your account or a User’s login has been used without permission.

5.4 Responsibility for Users. You are responsible for your Users and for all activity on your account, including calls and texts made from your numbers, whether or not you authorized them, unless the activity was caused by our breach of these Terms.

5.5 Who we take instructions from. We may rely on instructions from the account owner and admins. If there is a dispute about who controls an account, we may ask for evidence and may pause changes to the account until it is resolved.

6. Plans, fees and payment

6.1 Prices. A plan’s price covers one person and your number. Each additional person on the plan costs $5 a month, or $60 a year on yearly plans. Current prices are on our pricing page and at checkout. Prices are in US dollars.

6.2 Billing. Fees are billed in advance, monthly or yearly as you choose, through our payment processor, Stripe. You authorize us and Stripe to charge your payment method on file for all Fees when due, including seat changes and texting carrier fees. Stripe’s own terms apply to its processing of your payment.

6.3 Adding and removing people. You choose how many people are on your plan at checkout. Admins can add or remove people on the Team page. An added person is charged from the day they are added, prorated on your next invoice, and a removed person’s charge stops the same way.

6.4 Texting carrier fees. The US carriers charge every business that texts. We pass their fees on at cost, with nothing added, on your normal invoice or charged to your card when they arise: $19.50 once to register ($4.50 to check your business and $15 for the carriers’ campaign review); then $1.50 a month ($18 a year on yearly plans) from approval until you ask us to stop texting; $15 for each new campaign review the carriers require; and $4.50 for each correction of your business details. You see and agree to a fee before it is charged. Because the carriers charge us whether or not they approve, these fees are not refundable, including when a registration is refused or later suspended. If the carriers change their fees, we may change these amounts to match, with notice.

6.5 Taxes. Fees do not include taxes. You are responsible for all sales, use, excise, communications, 911 and similar taxes, fees and surcharges imposed on the Service, other than taxes on our net income. Where we are required to collect them, we will add them to your invoice. If we begin charging a tax, regulatory fee or surcharge we did not charge before, we will tell you at least 30 days in advance, unless the law requires us to start sooner.

6.6 Automatic renewal. Your subscription renews automatically at the end of each billing period, for the same length of period, at the prices then in effect, and we charge your payment method for it, until you cancel. You can cancel at any time under Section 8.

6.7 Price changes. We will email the account owner at least 30 days before a price increase takes effect. It applies from the start of your next billing period after the notice period ends. If you do not want to pay the new price, cancel before then.

6.8 Failed payments. If a payment fails, we will tell you and try again. If an amount is still unpaid 14 days after it was due, we may suspend the Service. If it is still unpaid 30 days after it was due, we may end the agreement and release your numbers (subject to your right to move them, Section 11.4). You remain responsible for unpaid Fees.

6.9 Billing questions. If you think a charge is wrong, tell us within 60 days of the charge and we will look into it in good faith. Please contact us before disputing a charge with your bank.

7. Fair use

7.1 The allowance. US calling is unlimited for normal business use, up to 2,000 minutes a month for your whole account, shared by everyone on it. Extra people share these minutes; they do not add more. There is also a daily limit of 300 minutes for each person on your plan, counted across the account and never more than the month’s minutes.

7.2 What happens past it. When the daily or monthly limit is reached, outgoing calls pause until the next day or the next month, and are resumed automatically then. Incoming calls still ring. We do not charge for overage. The app shows how much of the allowance you have used and warns you as you approach it.

7.3 Not normal business use. Fair use does not cover the uses forbidden by the Acceptable Use Policy, such as autodialing, call-centre or reselling use. If your use is consistently outside normal business use, we will contact you to discuss it.

8. Cancellation and refunds

8.1 How to cancel. Email support@redstonecastles.com from the account owner’s email address. We process cancellations promptly, normally the same day, and confirm by reply.

8.2 When it takes effect. A monthly plan ends at the end of the month you have paid for. A yearly plan runs until the end of the year you have paid for. Your numbers and access continue until then.

8.3 Refunds. Fees are not refundable, and we do not refund part-used billing periods, unused minutes or unused seats, except where the law requires it or these Terms expressly say so (Sections 3.4, 18.3, 23.2 and 25.3, and the DPA’s sub-processor objection right).

9. Texting

9.1 Registration. US carriers require every business that texts from an ordinary local number to register its business and its messaging “campaign” (known as 10DLC registration). Presence submits your registration through our carrier, Telnyx, to The Campaign Registry and the carriers. They, not we, decide whether and when to approve it, and they may refuse, ask for changes or later suspend it. Texting works only on numbers with an approved registration.

9.2 You are the sender. You are the sender of every text sent from your numbers. You alone are responsible for whom you text and what you send, and for complying with all laws and rules that apply to your messages, including the Telephone Consumer Protection Act and the FCC’s rules under it, the Telemarketing Sales Rule, state telemarketing and texting laws, the CTIA Messaging Principles and Best Practices, carrier codes of conduct, and the registration you submitted.

9.3 Consent. Before you text anyone, you must have the consent the law requires for that kind of message, which for marketing messages is usually prior express written consent. You must record that consent in Presence, saying when and how it was given, and what you record must be true. Presence will not send to anyone with no recorded consent or who has opted out. When someone texts your number first, Presence treats that as permission to reply within that conversation; it is not consent to marketing. Keep your own records of consent for as long as the law requires you to, because they are deleted from Presence when your account closes.

9.4 Opt-outs and help. Presence automatically honors STOP and the other standard opt-out words, and clear requests in plain words such as “please stop”, and answers HELP. You must not try to get around an opt-out. If someone asks you to stop by any other means, such as on a call or by email, you must record the opt-out in Presence promptly and in any case within the time the law requires.

9.5 Content and volume. Your texts must match the registration you submitted and follow the Messaging Terms and the Acceptable Use Policy, including their lists of content the carriers do not allow. Presence names your business and adds opt-out instructions to the first text you send each person, refuses public link shorteners, and allows up to 2,000 texts in any 24 hours for each business.

9.6 Carrier action. Carriers may filter, delay, block or refuse texts, and may suspend a registration or number, without telling us why. Carriers may also charge penalties for messages that break their rules. You are responsible for penalties caused by your messages, and we may pass them on to you at cost. We may suspend texting on your account to protect our carrier relationships and other customers.

9.7 Delivery. We do not promise that any text will be delivered, or delivered on time. Do not use Presence texting for emergency or time-critical messages, or rely on it to receive one-time verification codes.

9.8 Policy pages we host for you. If you choose, we publish a texting privacy policy and texting terms in your business’s name, at a public web address, for carriers and the people you text to read. They show your business name, legal name, email address, business phone number and city, state and country. You are responsible for making sure they are accurate and describe what you actually do, and you may use your own pages instead.

10. Call recording, transcription and AI

10.1 Recording. Recording is off by default. On plans that include it, an admin can turn it on for a number, for all calls, incoming calls only or outgoing calls only.

10.2 The announcement. When a call is recorded, Presence plays a spoken announcement that the call may be recorded before the call is connected: on an incoming call, to the caller and to the User who answers; on an outgoing call, to the person called, once they answer. Recording starts after the announcement.

10.3 Your responsibility for consent. Laws on recording calls differ between states and countries. Some require the consent of everyone on the call, and some require employers to give employees written notice of monitoring (for example, New York Civil Rights Law section 52-c). You alone are responsible for deciding whether to record, for giving any notice and obtaining any consent the law requires from callers and from your Users, and for not recording where it is unlawful. We do not represent that our announcement is enough to satisfy any law.

10.4 Voicemail. Callers who leave a voicemail are recorded; that is what a voicemail is. Voicemails are stored, transcribed and summarized on every plan.

10.5 Who can listen. Users with access to a number can play its recordings and voicemails, so managers can replay teammates’ recorded calls. You must tell your Users this.

10.6 Transcripts and AI Output. After a call ends, recordings and voicemails are sent to our transcription provider (Deepgram), and transcripts to our AI provider (Google’s Gemini API), to produce transcripts and AI Output. Nothing AI-related runs during a live call. AI Output is generated automatically. It may be inaccurate or incomplete, may attribute words to the wrong person, and is not legal, financial, employment, medical or other professional advice. Check it before you rely on it, and do not use it as the only basis for decisions that have legal or similarly significant effects on a person, such as hiring or firing.

11. Phone numbers and moving them

11.1 No ownership. Phone numbers are assigned through our carrier under the rules that govern US numbering. You have the right to use your numbers while your account is in good standing, and the right to move them to another provider under Section 11.4. You do not own them and acquire no other right in them.

11.2 Changes we cannot avoid. We may have to change or withdraw a number if a carrier, regulator or the law requires it, or to stop fraud. If so, we will give you as much notice as we reasonably can.

11.3 Bringing a number to Presence. Moving a number to Presence is free from us. When you ask us to move a number, you sign a letter of authorization that appoints us and our carrier, Telnyx, as your agents to move it and to obtain the records needed to do so. You confirm that everything you give us for the move is accurate and that you are authorized to move the number, and you are responsible for any loss caused if it is not. Your current provider sets the timing and may reject the request; we are not responsible for its delays or rejections. Keep your current service active until the move completes, and any charges or early-termination fees owed to your current provider remain yours. When the move completes, the temporary number you were using is released. Toll-free numbers cannot be moved to Presence.

11.4 Taking a number elsewhere. You may move your numbers to another provider at any time. Your new provider requests the move; email us if they need details of your Presence account. We will not refuse or delay a valid request to move a number, including because Fees are unpaid, though you still owe them. When a number leaves, its service with us ends, Fees already paid for the current period are not refunded, and its texting registration ends.

11.5 When your account ends. When your account ends, your numbers are released and may later be given to someone else. A released number cannot be recovered. To keep a number, start moving it to another provider before your paid period ends.

11.6 Caller ID. Your caller ID is set by us to your Presence number and cannot be changed to another number. Carriers may authenticate your calls under the STIR/SHAKEN framework. We do not control how other carriers, phones or apps label, filter or block your calls.

12. Acceptable use and your compliance

12.1 Acceptable use. You and your Users must follow the Acceptable Use Policy.

12.2 Laws that apply to your calls and texts. You must comply with every law that applies to your use of the Service, including telemarketing and Do Not Call laws, consent and calling-hours rules, recording and monitoring laws, privacy and data-protection laws, and anti-spam laws.

12.3 Investigations. Carriers, the industry traceback group, regulators and law enforcement investigate unlawful calls and texts. You must answer our reasonable requests for information about calls or texts from your numbers promptly and truthfully, and we may share that information with them as Section 13.7 allows.

12.4 Information about other people. You are responsible for giving any notice and having any legal basis needed for the personal information in your Customer Content, including contacts and call lists you import.

13. Your content and data

13.1 Ownership. As between you and us, you own Customer Content. We claim no ownership of it.

13.2 Our permission to use it. You grant us a worldwide, non-exclusive, royalty-free licence, for the term of the agreement and any period after it during which we hold Customer Content, to host, copy, transmit, process and display Customer Content, and to have our sub-processors do so, only as needed to provide, secure and support the Service, prevent fraud and abuse, and comply with the law.

13.3 What we do not do. We do not sell Customer Content, use it for advertising, or use it to train our own AI models.

13.4 Usage and aggregated data. We collect data about how the Service is used and performs, such as call counts, durations, call-quality ratings and error rates. We may use it, and create aggregated or de-identified data that does not identify you, your Users or any other person, to operate, secure, bill for, improve and develop our services. We own that data and will not try to re-identify it.

13.5 Your responsibilities. You confirm that you have all rights, notices and consents needed for Customer Content and for us to process it under these Terms.

13.6 Privacy and the DPA. Our Privacy Policy describes how we handle personal information. When we process personal data on your behalf and a data-protection law listed in the Data Processing Addendum applies, the DPA forms part of these Terms without either party signing it.

13.7 Legal requests. We may disclose Customer Content and account information where we reasonably believe the law, a court order, a subpoena or a valid request from a government authority requires it, or where it is needed to protect someone from serious harm. Unless the law forbids it, we will tell you before we disclose, so you can seek to stop it.

13.8 Export. Admins can download your contacts, and every call with its notes and transcript, from Settings → Export your data at any time. For copies of recordings or voicemails, email support@redstonecastles.com.

14. Feedback

If you send us ideas or suggestions about Presence, we may use them without restriction or payment to you, and without any obligation to use them.

15. Our property and the apps

15.1 Our rights. We and our licensors own the Service, including its software, design and content, and the Presence name. We grant you and your Users a non-exclusive, non-transferable right, during the agreement, to use the Service and install our apps for your internal business purposes under these Terms. All other rights are reserved.

15.2 Restrictions. You must not, and must not let anyone else: copy, modify or create derivative works of the Service; reverse engineer, decompile or disassemble it, except where the law allows this despite this restriction; resell, rent, sublicense or provide it to third parties as a service bureau; use it to build a competing product; get around any limit or security measure; or use it in breach of the Acceptable Use Policy.

15.3 Apps from the app stores. If you download our app from Apple’s App Store or Google Play, these Terms are between you and us only, not Apple or Google, and we alone are responsible for the app. Your use must also follow the store’s terms. For the iPhone app: your licence is to use it on Apple devices you own or control as the App Store terms allow; Apple has no duty to provide maintenance or support for it; if the app fails to meet any warranty that applies, you may notify Apple, which may refund the purchase price (if any), and Apple has no other warranty obligation for it; Apple is not responsible for claims about the app, including product liability claims, claims that it fails to meet legal requirements, and consumer-protection or privacy claims; we, not Apple, are responsible for investigating and dealing with any claim that the app infringes someone’s intellectual property; and Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Third-party services

You may connect Third-Party Services, such as HubSpot or Apollo, or sign in with Google. Your use of them is governed by their terms and policies, not ours, and we are not responsible for them. When you connect one, you instruct us to exchange data with it as the integration describes: for example, to write your call records to your CRM and look up the matching contact. You can disconnect at any time. If a Third-Party Service changes or stops working with Presence, we may stop supporting it.

17. Suspension

17.1 When we may suspend. We may suspend all or part of the Service for your account (for example, only outgoing calls or only texting) immediately if we reasonably believe that:

17.2 Telling you. We will tell you what happened and how to respond, normally the same day, unless the law forbids it or telling you would compromise an investigation. We will limit the suspension to what is reasonably necessary and lift it once the reason has been resolved. Fees continue during a suspension caused by your breach or non-payment.

18. Term and ending the agreement

18.1 Term. The agreement starts when you accept these Terms and continues until it ends under these Terms.

18.2 By you. You may cancel at any time under Section 8.

18.3 By us, without a reason. We may end the agreement on 30 days’ notice by email. If we do, we will refund the prepaid Fees for any period after it ends.

18.4 For breach. Either party may end the agreement by notice if the other materially breaches it and does not fix the breach within 30 days of notice describing it. We may end it immediately by notice if you or your Users commit fraud, use the Service unlawfully, seriously or repeatedly break the Acceptable Use Policy or Sections 9 or 10, or if a carrier, regulator or the law requires us to.

19. What happens when the agreement ends

19.1 Access. Your access and numbers end at the end of your paid period if you cancel, or on the date the agreement ends otherwise. Unpaid Fees become due at once.

19.2 Getting your data out. Export what you need before the agreement ends (Section 13.8). Ask us for copies of recordings and voicemails before then.

19.3 Deletion. When an account closes, we delete its Customer Content, including calls, texts, contacts, recordings, voicemails, transcripts and notes, within 30 days. Copies remain in our backups for 14 days after deletion from our live systems, and technical logs are kept for 90 days. We keep billing records for as long as tax and accounting rules require, and anything else we must keep by law or for a legal claim, and we continue to protect it under these Terms. When a single User is removed, their login and personal settings are deleted; the business’s shared calls and contacts stay with the business.

19.4 Survival. Sections 4.4, 6 (for amounts owed), 11.5, 13.4, 14, 15.2, 19 to 24, 26 and 27, and any other terms that by their nature should continue, survive the end of the agreement.

20. Confidentiality

Each party will keep the other’s non-public information that is marked confidential or would reasonably be understood to be confidential (including Customer Content, and our non-public security and pricing information) confidential, use it only for this agreement, and share it only with people and providers who need it for this agreement and are bound by similar duties. This does not apply to information that is public through no fault of the receiving party, that it already had or developed independently, or that it received lawfully from someone else. A party may disclose confidential information when the law requires, after giving the other party notice where it lawfully can.

21. Warranties and disclaimers

21.1 Authority. Each party confirms that it has the authority to enter into this agreement.

21.2 Disclaimer. EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE, INCLUDING BETA FEATURES AND AI OUTPUT, IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR FREE OR SECURE, THAT ANY CALL WILL CONNECT OR SOUND CLEAR, THAT ANY TEXT WILL BE DELIVERED, THAT AI OUTPUT WILL BE ACCURATE, OR THAT THE RECORDING ANNOUNCEMENT SATISFIES ANY LAW.

22. Limitation of liability

22.1 No indirect losses. TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, OR THE COST OF SUBSTITUTE SERVICES, HOWEVER CAUSED AND EVEN IF IT WAS TOLD THEY WERE POSSIBLE.

22.2 Cap. TO THE FULLEST EXTENT THE LAW ALLOWS, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, FOR ALL CLAIMS TOGETHER AND ON ANY THEORY, IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID AND OWED US IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE LIABILITY AND (B) US$100.

22.3 Exceptions. Sections 22.1 and 22.2 do not limit: (a) your obligation to pay Fees; (b) your obligations under Section 23.1, or your liability for breaking the Acceptable Use Policy or Sections 9, 10 or 11.3; (c) a party’s liability for its fraud, gross negligence or wilful misconduct; or (d) any liability that cannot be limited by law.

22.4 Emergency calls. TO THE FULLEST EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR ANY CLAIM ARISING FROM THE INABILITY OF ANYONE TO REACH 911 OR ANY OTHER EMERGENCY SERVICE THROUGH PRESENCE.

22.5 Basis of the bargain. These limits reflect how the parties have allocated risk, and our prices depend on them. They apply even if a limited remedy fails of its essential purpose.

23. Indemnities

23.1 By you. You will defend us, our members, managers, employees and agents, and indemnify them against all losses, damages, fines, penalties (including carrier penalties), settlements, costs and reasonable lawyers’ fees arising from any third-party claim or any investigation or action by a regulator or carrier, to the extent it arises from:

23.2 By us. We will defend you against any third-party claim alleging that the Service, as we provide it and used as these Terms allow, infringes that party’s US patent, copyright or trademark or misappropriates its trade secret, and will pay the damages and costs finally awarded against you, or a settlement we agree to. We have no obligation for claims arising from Customer Content, Third-Party Services, Beta Features, free use, combination of the Service with anything we did not provide, changes not made by us, or use after we told you to stop. If the Service is or may become subject to such a claim, we may get you the right to keep using it, change it so it no longer infringes, or end the agreement and refund prepaid Fees for the rest of the billing period. This Section 23.2 states our entire liability, and your only remedy, for infringement claims.

23.3 How claims are handled. The party seeking protection must notify the other promptly (a delay only matters if it prejudices the defense), let the defending party control the defense and settlement, and cooperate reasonably at the defending party’s cost. The defending party may not settle a claim in a way that admits fault by, or imposes obligations on, the protected party without its consent, which may not be unreasonably withheld.

24. Disputes

24.1 Governing law. The laws of the State of New York, United States, govern this agreement and any dispute arising from it, without regard to conflict-of-laws rules. The Federal Arbitration Act governs Section 24.3.

24.2 Talk to us first. Before starting arbitration or a court case, a party must send the other a written description of the dispute (to us at support@redstonecastles.com), and both parties will try in good faith to resolve it for 30 days.

24.3 Binding arbitration. Any dispute, claim or controversy arising out of or relating to this agreement or the Service that is not resolved under Section 24.2 will be resolved by final and binding arbitration, not in court, administered by the American Arbitration Association under its Commercial Arbitration Rules. There will be one arbitrator. The seat of arbitration is New York, New York, and hearings may be held by video. The arbitrator decides questions about the scope and enforceability of this Section 24.3, except that a court decides any question about Section 24.5. Each party bears its own lawyers’ fees unless the arbitrator awards them under applicable law. The proceedings are confidential, except as needed to enforce an award. Judgment on the award may be entered in any court with jurisdiction.

24.4 Exceptions. Either party may bring an individual claim in small-claims court, and either party may ask a court for an injunction or similar relief to protect its intellectual property or confidential information or to stop unauthorized access to the Service.

24.5 No class actions. Each party may bring claims against the other only in its individual capacity, and not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one party or preside over any form of class or representative proceeding. If this Section 24.5 is found unenforceable for a claim, that claim will be decided in court under Section 24.6, not in arbitration.

24.6 Courts and jury waiver. Any matter that may be heard in court will be heard only in the state or federal courts in New York County, New York, and each party consents to their jurisdiction. Each party waives any right to a jury trial.

24.7 Time limit. To the extent the law allows, a claim must be started within one year after it arises, except claims for unpaid Fees or under Section 23.

25. Changes to these terms

25.1 Notice. If we change these Terms in a way that matters, we will email account owners at least 14 days before the change takes effect. Other changes take effect when we post them, with a new date at the top of this page.

25.2 Urgent changes. A change that the law, a regulator or a carrier requires may take effect sooner, with as much notice as we reasonably can give.

25.3 If you do not agree. You may cancel before a change takes effect. If a change that materially harms you takes effect during a yearly period you have paid for, and you cancel within 30 days of it taking effect, we will refund the prepaid Fees for the rest of that year. If you keep using the Service after a change takes effect, you accept it.

26. Notices

We send notices by email to the account owner’s email address, and may also show them in the app. You must keep that address current. You send notices to us at support@redstonecastles.com. An email notice is given when it is sent, unless the sender learns it was not delivered.

27. General

27.1 Assignment. You may not assign or transfer this agreement without our written consent, except to a successor to all or substantially all of your business, with notice to us. We may assign it to an affiliate, to a company that takes over operating Presence, or to a successor in a merger, acquisition or sale of assets, with notice to you.

27.2 Events outside our control. Neither party is liable for a delay or failure to perform (other than paying money) caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, failures of power, the internet or telecommunications networks, outages or failures of carriers, interconnection partners or other networks, and cyberattacks that reasonable precautions would not have prevented.

27.3 Providers. We may use subcontractors and sub-processors to provide the Service, and we remain responsible for their performance of our obligations to the extent these Terms and the DPA say.

27.4 Relationship. The parties are independent contractors. Except for the people protected by Section 23 and Apple under Section 15.3, nobody else has rights under this agreement.

27.5 Entire agreement. This agreement, including the documents listed in Section 1.4, is the whole agreement between the parties about its subject and replaces any earlier agreement or understanding about it.

27.6 Severability and waiver. If a court or arbitrator finds any part of this agreement unenforceable, that part will be enforced to the maximum extent possible and the rest remains in effect. Not enforcing a right is not a waiver of it.

27.7 Export controls and sanctions. You must comply with US export-control and sanctions laws. You confirm that you and your Users are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions, and are not named on, or owned or controlled by anyone named on, a US government restricted-party list, and you will not let anyone who is use the Service.

27.8 US government users. The Service and its software are “commercial products” and “commercial computer software” under the Federal Acquisition Regulation and its supplements. Government users receive only the rights in these Terms. If a law that binds a government customer does not allow a term of this agreement, that term applies only to the extent that law allows.

27.9 Electronic records. You agree to receive agreements, notices and other records electronically, and that your electronic acceptance and electronic signatures, including on a letter of authorization to move a number, have the same effect as signatures on paper.

27.10 Reading these Terms. Headings are for convenience. “Including” means “including without limitation”.

28. Contact

Redstone Castle LLC, New York. Email support@redstonecastles.com.