Presently

Terms of use

Effective: April 10, 2026 Last updated: July 14, 2026

On this page

  1. Acceptance of terms
  2. Description of the app
  3. Eligibility
  4. Your responsibilities
  5. Your license to use Presently
  6. No warranty
  7. Limitation of liability
  8. Data and privacy
  9. Updates and changes
  10. Termination
  11. Third-party services
  12. Governing law
  13. Contact

1. Acceptance of terms

In short: using the app means agreeing to these terms.

By downloading, installing, or using Presently ("the app"), you agree to be bound by these terms of service ("terms"). If you don't agree, please don't use the app.

2. Description of the app

In short: a local-first birthday tracker and gift planner, with one narrow exception.

Presently is a local-first birthday tracker and gift planner that helps you remember birthdays, plan gift ideas, and keep memories about the people you care about. Your data is stored on your device. The optional Wishlist link preview feature sends a pasted URL to our backend to fetch product details — see the privacy policy for exactly what that involves.

3. Eligibility

In short: 13 and older.

You must be at least 13 years of age to use the app. By using it, you confirm you meet this minimum age.

4. Your responsibilities

In short: your data, your accuracy, your backups.

You're responsible for:

5. Your license to use Presently

In short: it's yours to use, not yours to resell.

Presently, including its design, code, graphics, and content, belongs to merkost. We grant you a limited, non-exclusive, non-transferable license to use it for personal, non-commercial purposes under these terms.

You agree not to:

6. No warranty

In short: we build this carefully, but nothing's guaranteed — including reminders firing on time.

The app is provided "as is" and "as available," without warranties of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.

We don't warrant that:

Please don't rely on Presently as your only reminder for anything with real consequences — a reminder can be delayed or fail to fire depending on your device's settings, battery optimization, or operating system.

7. Limitation of liability

In short: to the extent the law allows, we're not liable for damages from using — or not being able to use — the app.

To the maximum extent permitted by applicable law, merkost is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, profits, or goodwill, arising from your use of the app.

Specifically, we're not liable for:

8. Data and privacy

In short: see the privacy policy — almost nothing leaves your device.

Your use of the app is also governed by our privacy policy. Your data is stored locally on your device; the only things that leave it are described there in full.

9. Updates and changes

In short: the app changes over time, and so, sometimes, do these terms.

We may release updates that add features, fix bugs, or change functionality, and we reserve the right to modify, suspend, or discontinue the app at any time.

These terms may also be updated from time to time. Continuing to use the app after a change means you accept the revised terms. We'll flag anything substantial through the app or its store listing.

10. Termination

In short: stop using it and delete it, any time.

You can stop using the app, and delete it, whenever you like. Uninstalling permanently deletes all app data stored on your device.

We reserve the right to revoke access if these terms are violated, though given the local-first nature of the app, enforcement is limited to removal from app store distribution.

11. Third-party services

In short: Crashlytics, Amplitude, and our Wishlist link preview sub-processors have their own terms too.

The app relies on a small number of third-party services — Firebase Crashlytics, Amplitude, and (for the optional Wishlist link preview) Supabase and Groq — listed in full in the privacy policy. Your use of those services through the app is also subject to their own terms and privacy policies. If future versions add other third-party integrations, these terms will be updated to say so.

12. Governing law

These terms are governed by the laws applicable in the jurisdiction where the developer resides, without regard to conflict of law provisions.

13. Contact

If you have questions about these terms, write to us:

Email: merkostdev+presently@gmail.com