Terms of use for Presence: Invoice & Proposal

Scope

These terms of use apply to the app “Presence: Invoice & Proposal” (on Apple’s App Store). They match our general terms of use and add notes on this app. The provider is:

License

When you download the app from Apple’s App Store, use is governed by Apple’s standard Licensed Application End User License Agreement (“Standard EULA”), unless the App Store listing specifies a license agreement of its own. It grants you a non-transferable right to use the app on Apple-branded devices that you own or control, as permitted by the App Store usage rules.

The EULA governs the license⁠—that is, the scope and limits of your right to use the app. These terms supplement it with the other points on this page. For liability, the “Liability” section of these terms applies even if the EULA provides otherwise. Mandatory statutory rights, in particular your rights as a consumer, remain unaffected in all cases. You can read the full text of the EULA here: Apple Standard EULA⁠(opens in a new tab).

Purchases and subscriptions

Pricing model: Free download · Presence Pro annual subscription. The store shows you the current price before you buy.

• Prices: the prices shown to you in the store before purchase apply.
• Term and renewal: a subscription’s term, automatic renewal and any free trial follow what the store shows you before purchase and the respective store’s terms.
• Cancel: you cancel subscriptions with the respective store, most easily in your account there. Where an app offers a “Manage subscription” button, it only opens that store’s subscription settings. Deleting an app does not cancel a subscription.

Apple sells App Store purchases on our behalf⁠—depending on your country, as our agent or in its own name. Payment, billing, renewal, cancellation and refunds are handled exclusively by Apple, and Apple’s Media Services Terms and Conditions⁠(opens in a new tab) apply.

• Renewal and cancellation: an App Store subscription continues until you cancel it. Apple’s terms govern when you need to cancel so that it does not renew or a free trial does not convert into a paid subscription, and what rights you have when you cancel. Apple explains how to cancel in its instructions for canceling⁠(opens in a new tab). For customers in Germany, Apple describes special rules: Apple’s information for Germany⁠(opens in a new tab).
• Manage and cancel: most easily in Settings → [your name] → Subscriptions or, on a Mac, in the App Store; Apple’s instructions above cover the other options.
• Refunds: request them from Apple at reportaproblem.apple.com⁠(opens in a new tab); whether and to what extent a refund is granted is governed by Apple’s terms (Apple’s instructions⁠(opens in a new tab)). If an app does not work as described, you are also welcome to contact us directly.

Your statutory rights as a consumer remain unaffected.

Notes on the app

Presence helps you with proposals, invoices and expenses, but does not provide tax, accounting or legal advice. You are responsible for making sure your documents meet the requirements that apply to you⁠—such as mandatory invoice details, tax rules or e-invoicing requirements⁠—and for complying with record-keeping obligations.

Payments made via payment links you add are handled solely by the respective provider; we are not involved. You are responsible for any personal data of your clients that you store in the app.

Presence does not issue invoices for businesses established in Spain (version 2.0 and later); proposals, expenses and existing invoices remain available and can be exported.

Availability and changes

We continuously develop our apps. Some features depend on third-party services, such as iCloud or publicly available data sources; we cannot guarantee that these are always available.

We change or remove features you have acquired through an in-app purchase or subscription only if (1) there is one of the following valid reasons: changes to the operating systems, changes to the app stores’ requirements, security reasons or a change in the law; (2) the change costs you nothing extra; and (3) we tell you about it clearly and in plain language. Your statutory rights regarding changes to digital products, in particular under Section 327r of the German Civil Code (BGB), remain unaffected.

Liability

We are liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act, and to the extent of any guarantee we have given.

In the event of a slightly negligent breach of an essential contractual obligation, our liability is limited to the foreseeable damage typical for this type of contract. Essential contractual obligations (so-called cardinal obligations) are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely. Otherwise, liability for slight negligence is excluded.

Intellectual property

The apps, their content and design, and the Aplo Apps logo are protected by law. Unless the applicable license or the law permits otherwise, you may not copy, modify, redistribute or reverse engineer them.

Governing law

These terms of use and the use of this website are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence. The law governing the license itself follows the respective license agreement (see License); mandatory consumer protection rules remain unaffected there too.

Consumer dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If you have questions or problems, please contact us directly.

Changes to these terms

We may change these terms of use for the future, for example when our apps, the app stores’ terms or the law change. A changed version applies only to contracts concluded after it is published. Existing contracts⁠—including free use of an app you have already downloaded, purchases already made and active subscriptions⁠—remain subject to the version that applied when the contract was concluded, unless you expressly agree to the new version. Your silence or simply continuing to use an app does not count as agreement.

These terms of use are available in German and English. Both versions are equally binding. If they differ, the version more favorable to you applies.