Terms of service

Last updated: 16 September 2026. Effective: 16 September 2026.

These terms of service ("Terms") are a legal agreement between you and Present ("we", "us" or "our") governing your use of the Present mobile application, the website at presentsocial.au, and the public record pages at prsnt.au (together, the "Services").

Present is operated by Brian Christopher Kay, a sole trader (ABN 61 260 636 132), of PO Box 8090, Flynns Beach LPO, Port Macquarie NSW 2444, Australia.

By creating an account or otherwise using the Services, you agree to these Terms. If you do not agree, you must not use the Services.

1. Eligibility

1.1 You must be at least 16 years of age to use the Services. This applies in every jurisdiction in which the Services are available, irrespective of any lower minimum age permitted by local law.

1.1a Where we believe on reasonable grounds that an account belongs to a person under 16, we may pause or remove it. If you believe we have that wrong, email [email protected].

1.2 All accounts are private on creation. Accounts belonging to users under 18 years of age remain private and cannot be made public. A user aged 18 or over may make their account public, and may change that setting at any time.

1.3 You must provide accurate information about your age when registering, and you must not register on behalf of another person.

1.4 You must not use the Services if we have previously terminated your account.

2. Invitations and accounts

2.1 The Services are available by invitation. To register you must join through a valid invitation link.

2.1a By inviting a person, you state that you believe they are 16 years of age or over.

2.2 You are responsible for activity that occurs under your account and for maintaining the security of the device and credentials used to access it. You must notify us promptly if you believe your account has been accessed without your authorisation.

2.3 You may not transfer or sell your account or any invitation code, and you may not offer invitation codes for sale or other consideration.

2.4 You may hold only one account, unless we agree otherwise in writing.

3. Your content

3.1 Ownership. You retain all ownership rights in the photographs, videos and other content you create using the Services ("Your Content"). These Terms do not transfer ownership of Your Content to us.

3.2 Licence to us. You grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, transmit and display Your Content, solely for the purpose of operating and providing the Services in accordance with your settings and these Terms. This licence ends when Your Content is deleted, except to the extent that it has been shared with other users who retain access, or that we are required to retain it by law.

3.3 Your responsibility. You are responsible for Your Content. You represent that you have the necessary rights to it, and that it does not infringe the rights of any person or breach any law.

3.4 Posts of other people. Posts on the Services depict identifiable people. You must not photograph or film a person in circumstances in which they have a reasonable expectation of privacy, and you must comply with any law in your jurisdiction governing the recording or publication of images of others.

3.5 Tags. A post in which you are tagged appears on your profile only if you accept the tag. Where a post you have made includes another person, it reaches their connections only where that person accepts the tag.

3.6 Immutability. A photograph or video cannot be altered after it is posted, by you or by us. Its record may change only in the limited circumstances described in our privacy policy, and any such change is stamped on the record page itself and is visible to anyone reading it. You may delete a post. Deletion removes the post and its record page from the Services, but does not recall any copy that another person has already saved or that has already been accessed through a public link.

4. How the Services work

4.1 Photographs and videos may only be created using the camera within the application. The application does not accept files from your device library or from any other source for posting. It opens your photo library only where you choose to attach a screenshot to a bug report or to feedback. In these Terms a post means a photograph or a video created in that way.

4.2 Each post is signed at the moment of capture using hardware on your device and is recorded with a time issued by our servers.

4.3 Each post may have a public record page hosted at prsnt.au, which may be opened by any person holding the link without an account. Creating a public link makes that post accessible to any person holding that link.

4.4 A shared album ("moment") is created only where every person it concerns has agreed to it, and is deleted after 48 hours.

5. What verification means, and what it does not

5.1 Verification indicates that a post was captured live by a genuine, unmodified installation of the application on genuine hardware, at the time recorded, and has not been altered since capture.

5.2 Verification does not indicate that the subject matter of a post is what it appears to be. A post of a screen, a printed image or a staged scene is still a genuine post, and may be verified as such.

5.3 Where the Services record a note or an assessment about a capture or a location, that note is information and not a determination. The absence of a note does not mean that nothing could have been noted.

5.4 To the maximum extent permitted by law, we make no representation and give no warranty that any post, location, identity or record is accurate, authentic, or fit for use as evidence in any proceeding, and you must not represent to any third party that we have done so.

6. Acceptable use

You must not, and must not attempt to:

(a) use the Services in breach of any law, or to harass, threaten, defame, stalk, exploit or endanger any person;

(b) upload, post or transmit content that is unlawful, or that:

(i) attacks, demeans, dehumanises or incites hatred, violence or discrimination against a person or group by reference to race, colour, ethnicity, national origin, immigration status, religion, disability, disease, age, sex, gender, gender identity or expression, sexual orientation, or any other protected attribute;

(ii) sexualises a person under 18, or depicts, promotes or facilitates the sexual exploitation or abuse of a child;

(iii) promotes, praises, or provides support for terrorism, violent extremism, or a person or organisation engaged in either;

(iv) incites, threatens, organises or glorifies violence against any person or group;

(v) promotes or encourages suicide, self-harm or disordered eating;

(vi) depicts a person in a nude or intimate context without their consent, or threatens to share such material;

(vii) bullies or harasses a person, or is intended to humiliate or degrade them; or

(viii) infringes the rights of any person, including intellectual property, privacy and publicity rights;

(c) circumvent, disable or interfere with any verification, attestation, security or access-control feature of the Services, including by modifying the application, running it on modified hardware or in an emulator, falsifying device signals, or falsifying location;

(d) access the Services other than through the interfaces we provide, or use any automated means to access, scrape, index or collect data from the Services;

(e) impersonate any person, or misrepresent your affiliation with any person;

(f) post in order to deceive, including a photograph or video of a screen, of another image, or of printed material presented as an original scene, or a post presented with a caption or context that misrepresents what it shows, what happened, or when or where it was taken;

(g) collect, publish or otherwise misuse the personal information of other users, including by republishing posts of others outside the Services in a way that would harass or endanger them;

(h) sell, resell or commercially exploit access to the Services, or use the Services to advertise or promote a business without our written consent; or

(i) place an unreasonable load on our infrastructure, or otherwise impair the operation of the Services.

7. Reporting, moderation and enforcement

Our commitments in relation to children, including how we establish age and our obligation to refer child abuse material to the Australian Federal Police, are set out in full in our child safety policy.

7.1 Zero tolerance. There is no tolerance for objectionable content or abusive users on Present. Content that breaches clause 6(b) is removed as soon as we become aware of it, and the account responsible may be suspended or terminated immediately and permanently, without prior warning and on a first occasion.

7.2 We may remove content, and suspend or terminate an account, where we consider on reasonable grounds that these Terms have been breached, including where a post is deceptive within the meaning of clause 6(f), that a legal obligation requires it, or that continued access presents a risk to another person or to the Services.

7.3 Reporting. You may report any post, reply or account, and block any other user, from within the application. Reports may also be sent to [email protected]. Blocking takes effect immediately and does not depend on the outcome of a report.

7.4 Accounts suspected to be under 16. You may report an account you believe belongs to a person under 16, whether or not you are certain. We review such a report within 24 hours, and where the account appears to us to belong to a person under 16 we remove it. Nobody needs an account of their own to make a report of this kind.

7.5 Twenty-four hours. We review every report we receive and act on it within 24 hours. Where a report is upheld, we remove the content and take action on the account that posted it, which may include termination. Where a report is not upheld, the content stays and we tell the person who reported it.

7.6 Repeat offenders. An account that breaches clause 6 more than once is terminated. A person whose account has been terminated must not create or use another account, in accordance with clause 1.4, and any further account they create may be terminated without notice.

7.7 Reports to the police. Where content appears to us to be unlawful, we may report it to the police or another appropriate authority, and we may preserve the relevant records for that purpose. Where we become aware of material we have reasonable grounds to believe is child abuse material, we will refer details of it to the Australian Federal Police. We are obliged to do so by section 474.25 of the Criminal Code Act 1995 (Cth), and we would do it regardless. We do not require your consent to make such a referral and we will not notify you of it.

7.8 Where practicable and lawful we will tell you the reason for such action, and you may reply to us at [email protected] if you consider a decision to be wrong. We are not obliged to monitor content, and our decision not to act in one case does not waive our right to act in another.

8. Intellectual property in the Services

The Services, including the software, design, text, graphics and the Present name and marks, are owned by us or our licensors and are protected by intellectual property laws. Except as these Terms permit, you may not copy, modify, distribute, reverse engineer or create derivative works from any part of the Services.

9. Availability and changes

9.1 We may modify, suspend or discontinue any part of the Services at any time. We will take reasonable steps to give notice of a material adverse change where practicable.

9.2 The Services are provided on an "as is" and "as available" basis. We do not warrant that they will be uninterrupted, timely, secure or error free.

9.3 We may amend these Terms from time to time. Where an amendment is material we will take reasonable steps to notify you, including within the application. Your continued use of the Services after an amendment takes effect constitutes your acceptance of it.

10. Termination

10.1 You may stop using the Services and delete your account at any time.

10.2 We may suspend or terminate your access in accordance with clause 7.2, or on reasonable notice where we cease to provide the Services.

10.3 Clauses 3.1, 5, 8, 11, 12 and 13 survive termination.

11. Consumer guarantees and liability

11.1 Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

11.2 Where our liability may be limited by law, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied.

11.3 Subject to clauses 11.1 and 11.2, and to the maximum extent permitted by law, we are not liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data or goodwill, arising out of or in connection with the Services; and our aggregate liability arising out of or in connection with the Services and these Terms does not exceed one hundred Australian dollars (AUD $100).

11.4 We are not liable for the conduct of other users, or for content created by them.

11.5 What you share. You decide who can see your posts and whether to create a public link, and a person tagged in a post may also be able to create one, as our privacy policy describes. Once a post has been shown to another person, or opened through a public link, we cannot control what that person does with it, and, subject to clause 11.1, we are not liable for any saving, copying, screenshot or republication of it by anyone else, including after you delete the post, remove the link or make your account private.

11.6 Security. We take reasonable steps to protect the Services and the information held in them. Subject to clauses 11.1 and 11.2, and to the maximum extent permitted by law, we are not liable for loss arising from unauthorised access to or disclosure of information caused by a third party, including an attack on our systems or those of our service providers, where we have taken reasonable steps to prevent it.

11.7 Subject to clause 11.1, the Services are provided as they are and as they are available. We do not promise that they will be uninterrupted, free of errors or secure at all times.

12. Indemnity

To the maximum extent permitted by law, you indemnify us against any claim, loss, liability or expense we incur arising out of your breach of these Terms, your misuse of the Services, or Your Content, except to the extent caused by our own negligence or breach.

13. Governing law and jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts competent to hear appeals from them. If you are a consumer resident in the European Economic Area or the United Kingdom, nothing in this clause deprives you of the protection of the mandatory laws of your country of residence, or of the right to bring proceedings there.

14. General

14.1 If any provision of these Terms is held to be unenforceable, it is severed and the remaining provisions continue in force.

14.2 Our failure to enforce any provision is not a waiver of it.

14.3 You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition or sale of assets.

14.4 These Terms, together with our privacy policy, constitute the entire agreement between you and us in relation to the Services.

15. Contact

Questions about these Terms may be sent to [email protected]. By post: PO Box 8090, Flynns Beach LPO, Port Macquarie NSW 2444, Australia.