Business Terms and Conditions

Last updated: May 4th, 2024

These Prezi Business Terms and Conditions (the “Agreement”), effective as of the paid purchase date (the “Effective Date”) are made between the purchaser (“Customer”), and Prezi Inc., a Delaware corporation with a place of business at 2041 East Street, PMB610, Concord, CA 94520 USA (“Prezi”).

1. Use of presentation and / or video services

1.1 Prezi hereby grants to the customer identified in the Order Form (the “Customer”) and its employees, consultants, contractors, agents, or other entities affiliated with Customer (collectively, “Authorized Users”) a non-exclusive, non-transferable (except as otherwise expressly permitted in this Agreement), world-wide, limited, revocable license for the Term of this Agreement to make use of the “Prezi Business” online Presentation and / or Video Services specified in the Order Form (the “Presentation and / or Video Services”). The Presentation and/or Video Services include AI-powered products and tools (“AI Products”), which are governed by this Agreement in addition to the AI Product Terms of Use, which are incorporated by reference herein. For the purposes of this Agreement, the rights granted in this Section 1.1 are collectively referred to as the “License Grant.”

1.2 Customer is responsible for all authorized and unauthorized access, activities and charges associated with the Customer's account and/or password(s) for the Presentation and / or Video Services, except for unauthorized charges that can reasonably be determined to be the result of Prezi's mistake, omission or negligence in providing sufficient safeguards against unauthorized third party access to Customer's account. Customer is responsible for the confidentiality of its password(s), for all charges incurred from the use of the Presentation and / or Video Services with its password(s) and for any and all charges made through the Customer's account by Customer's employees, agents, principals, consultants, or other entities or individuals in the employ of or engaged by Customer regardless of the reason for such charges.

1.3 Customer will not, nor knowingly allow any third party under Customer’s direction or control to, use the Presentation and / or Video Services to: (i) harass, threaten, impersonate or intimidate anyone; (ii) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or makes unauthorized disclosure of confidential or proprietary information or trade secrets; (iii) infringe, violate or misappropriate the intellectual property, copyright, publicity, privacy or other rights of any third party; (iv) violate any applicable law, rule or regulation; (v) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, “affiliate links” or any other form of solicitation; (vi) transmit any worms or viruses or any code of a destructive nature; or (vii) claim or suggest an affiliation, sponsorship or endorsement on the part of Prezi. Prezi reserves the right to remove from display and/or delete any content, data or other material from the Presentation and / or Video Services which, in Prezi’s reasonable business judgment, violates any of the above prohibitions or as directed by law enforcement agencies, regulators or legal process.

1.4 Prezi owns all right, title and interest in and to the Presentation and / or Video Services. Prezi reserves all rights in and to the Presentation and / or Video Services and all other Prezi software, products and services that are not expressly granted in this Agreement. Nothing in this Agreement will be construed as granting Customer any property rights in the Presentation and / or Video Services or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Presentation and / or Video Services. The Presentation and / or Video Services are licensed hereby, not sold.

2. Customer content

2.1 For the purposes of this Agreement, “Customer Content” means any content uploaded by or on behalf of Customer to Prezi’s systems, software and platform for use with the Presentation and / or Video Services. Customer hereby grants to Prezi a limited, world-wide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license for the Term of this Agreement to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Customer Content: (i) for the purpose of providing the Presentation and / or Video Services to Customer and (ii) to the extent Customer has designated any portion of the Customer Content as “Public Content” through the content management features of the Presentation and / or Video Services, for Prezi to make use of such “Public Content” in connection with promotion and marketing of Prezi’s products and services. Customer also hereby grants to Prezi a world-wide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to (a) analyze the Customer Content for the purposes of quality control, benchmarking and improving the Presentation and / or Video Services and (b) maintain a back-up copy of Customer’s “Public Content” indefinitely. Customer represents and warrants that it has all rights, clearances and authority necessary to grant the foregoing licenses to Prezi. Customer reserves all rights to the Customer Content that are not expressly granted in this Agreement.

2.2 Until the later of: (i) all pending matters relating to this Agreement (i.e., disputes) are closed; or (ii) two (2) years after the termination or expiration of this Agreement (as such period may be extended due to adjustments in regulatory requirements or Customer’s records retention policy), Prezi will maintain and provide access upon Customer’s request to its records and documentation related to its provisions of the Presentation and / or Video Services under this Agreement.

3. Trial

Trials. You are granted a nonexclusive, revocable right during the specified (14 day unless otherwise stated in writing) free trial period (the “Trial Period”) to access the Site and use the Service and Software and to permit your Users to do so, subject to these Terms. At the end of the Trial Period, the use of the Service by you and your Users will either (1) migrate to a standard paid subscription and be bound by the Prezi or Infogram, as applicable, terms and conditions applicable thereto, or (2) terminate. You expressly agree that you waive any and all rights to a refund by engaging to have a Trial Period and attest herein to waive all such rights to a refund.

These Terms also govern any use of the Service by any person who has been supplied a user identification and password for the Service by you, on your behalf or at your request (each a “User”), and you agree to be responsible for any use of the Service by any of your Users. By using the Service or permitting any User to use the Service, you agree to these Terms. If you do not agree to all of the Terms, you do not have the right to access, or permit any User to access, the Site and use the Service and Software. These Terms comprise the entire agreement between you and us, and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and us, regarding the subject matter contained herein.

You may terminate the Trial Period prior to its scheduled end by issuing a written termination notice to Prezi. Upon Prezi’s receipt of the termination notice, the Trial Period will terminate, your license to use the Deliverables will terminate, you may not make any further use of the content / Deliverables you created. If you do not issue Prezi a written termination notice before the scheduled end of the Trial Period, you will have a worldwide, royalty-free, non-exclusive right and license to use the resulting content / Deliverables solely in connection with your Prezi account until your Prezi account expires or is terminated. The current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account upon the conclusion of the Trial Period on the date your free trial expires.

Free trials are limited to one concurrent period of 14 days unless stated of a different length of 14 days for Teams customers. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond the single free trial term.

4. Technical support

Prezi will provide Customer with standard technical support for the Presentation and / or Video Services which Prezi makes generally available to its customers at Customer’s level of service (the “Technical Support Services”).

5. Availability

Prezi will use commercially reasonable efforts to make the Presentation and / or Video Services available 24 hours per day, 7 days per week, except for (i) planned downtime for upgrades and maintenance to the Presentation and / or Video Services (of which Prezi will use commercially reasonable efforts to notify Customer in advance), (ii) emergency maintenance and (iii) unavailability caused by a Force Majeure Event (as defined below). Prezi shall maintain in effect at all times during the Term a disaster recovery and business continuity plan, including off-site disaster recovery capabilities, that permit Prezi to recover from a disaster and continue providing services to customers.

6. Professional services

6.1 This Section 6 applies only if Customer has ordered professional services from Prezi. Prezi will provide the services specified in the applicable Statement of Work (“SOW”) and in any subsequent SOWs entered into by and between the Parties subject to this Agreement (collectively, the “Professional Services”). Prezi will perform the Professional Services in a timely, workmanlike, and professional manner.

6.2 Customer will provide all reasonable assistance and cooperation to Prezi reasonably necessary to permit Prezi to perform the Professional Services, including assigning a project manager to (i) reasonably assist and coordinate with Prezi in connection with its performance of the Professional Services, (ii) serve as a principal point of contact with Prezi, and (iii) coordinate the review, analysis and acceptance of any deliverables specified in the applicable SOW (each, a “Deliverable” and, collectively, the “Deliverables”). Customer acknowledges that failure to provide such reasonable assistance and cooperation may impair Prezi’s ability to provide the Professional Services and may result in additional charges. Prezi will discuss any such reasonably necessary additional charges with Customer prior to incurring the charges.

6.3 Unless set forth to the contrary in the applicable SOW, Customer will be responsible for making, at Customer’s sole expense, any changes or additions to Customer’s hardware and software systems that may be reasonably required to support Prezi’s performance of the Professional Services or the installation, implementation and/or use of the Deliverables.

6.4 The Professional Services will be performed for the project fee or at the hourly rate specified in the applicable SOW, plus reimbursement of Prezi’s reasonable out-of-pocket expenses incurred in the performance of the Professional Services; provided that all such expenses must be approved in advance by Customer and be substantiated by appropriate written receipts. Prezi’s invoices for the Professional Services will be paid by Customer within thirty (30) days of the invoice date.

6.5 Upon payment in full of Prezi’s invoices for the Professional Services, Customer will have a worldwide, royalty-free, non-exclusive right and license to use, modify and create derivative works of, copy, distribute, transmit, display, disclose, and practice and process or method embodied in, the resulting Deliverables solely in connection with Customer’s use of the Presentation and / or Video Services.

6.6 Prezi reserves all rights to the Deliverables that are not expressly granted in this Agreement. Nothing in this Agreement will be construed as granting Customer any property rights in or to the Deliverables or in or to any invention or any patent, copyright, trademark or other intellectual property right that has been issued, or that may issue, based on the Deliverables. The Deliverables are licensed hereby, not sold.

7. Marketing

Notwithstanding any confidentiality provisions of this Agreement, Customer grants Prezi / Infogram the right, during the Term of this Agreement, to use the name and logo of Customer to identify Customer in Prezi’s public relations and marketing efforts. Customer hereby grants Prezi a limited license to use Customer’s name and logo for such purposes, subject to any trademark/logo usage guidelines provided by Customer to Prezi. Prezi / Infogram may reference or feature your publicly available content, with attribution, as examples of how Customer’s are using Prezi / Infogram.

8. Confidentiality

8.1 For the purposes of this Agreement, “Confidential Information” means all materials and information, written or oral, disclosed directly or indirectly to the Recipient through any means of communication (e.g., electronic, paper or other media, orally or through observation) (a) information that is not generally known to the public, whether of a technical, business or other nature that relates to this Agreement; and (b) information that is disclosed during the term of this Agreement, and that is designated as “confidential” or “proprietary” or other words of similar meaning. For the avoidance of doubt, Customer’s Confidential Information shall include the Customer Content, any employee information including, without limitation, in the form of login information or credentials or other employee data uploaded or provided to the Presentation and / or Video Services, and non-public personal information of customers under the Gramm-Leach-Bliley Act. Confidential Information will not include any information which the Recipient can demonstrate (i) was publicly known or made generally available in the public domain through no fault of the Recipient; (ii) is already in the lawful possession of the Recipient at the time of disclosure by the Discloser, if the Recipient was not then subject to obligations of confidentiality with respect to the information; (iii) is obtained by the Recipient from a third party without a breach of such third party's obligations of confidentiality; or (iv) is independently developed by the Recipient without use of or reference to the Discloser’s Confidential Information. Confidential Information may include a third party’s confidential information.

8.2 Without the Discloser’s prior written consent in each instance, the Recipient shall not use the Discloser’s Confidential Information for any purpose except as reasonably necessary to perform its obligations or exercise its rights under this Agreement.

8.3 The Recipient will not, without the prior written consent of the Discloser, disclose any Confidential Information of the Discloser, in whole or in part, to any person or entity except to those Representatives of the Recipient with a reasonable need to know in connection with the Agreement, provided that each Representative must be informed of the Recipient’s obligations under this Section 8 and provided further that Representatives who or that are not employed by the Recipient or its affiliates must be under a contractual obligation or professional duty to protect such Confidential Information under terms at least as restrictive as those set forth in this Agreement. The Recipient is responsible for any breach of any provision of this Agreement by its Representatives.

8.4 The Recipient agrees that it will take reasonable measures to protect the confidentiality of and avoid unauthorized disclosure and unauthorized use of the Discloser’s Confidential Information. Without limiting the foregoing, the Recipient will use the same degree of care and protection with respect to the Discloser’s Confidential Information that it uses to protect its own confidential information of a like kind, but in all events at least a reasonable degree of care.

8.5 Each party is and shall remain the sole and exclusive owner of its Confidential Information, including any copies or derivatives thereof. Except for the use and disclosure rights expressly granted herein, no express or implied license is granted to the Recipient in respect of the Discloser’s Confidential Information. The Recipient will reproduce the Discloser’s proprietary rights notices on any such copies of Discloser’s Confidential Information, in the same manner in which such notices were set forth in or on the original, if any.

8.6 Subject to compliance with the further terms of this Section, the Recipient (including its Representatives) shall have the right to disclose all or that portion of the Discloser’s Confidential Information that it is legally compelled to disclose. If the Recipient or any of its Representatives are legally compelled to disclose the Discloser’s Confidential Information, to the extent permitted by applicable law, prior to any such disclosure, the Recipient will promptly notify the Discloser so that the Discloser, at its expense, may seek a protective order or take other appropriate action or waive compliance with the provisions of this Agreement. The Recipient will reasonably cooperate in the Discloser’s efforts to obtain a protective order or other reasonable assurance that confidential treatment will be afforded the Confidential Information. If such protective order or other remedy is not obtained within a reasonable time, or the Discloser waives compliance with the provisions of this Agreement, the Recipient will use all reasonable efforts to ensure that any individual or entity legally compelled to disclose any of the Discloser’s Confidential Information will furnish only that portion of such Confidential Information that Recipient’s counsel determines the individual or entity is legally required to disclose, and Recipient will exercise all reasonable efforts to obtain a protective order or other reasonable assurance that confidential treatment will be accorded such Confidential Information.

8.7 The Recipient shall promptly notify the Discloser of any unauthorized use or disclosure of the Discloser’s Confidential Information, whether known or suspected, and shall use all reasonable efforts to mitigate any harm that may be caused by such unauthorized use or disclosure and reasonably cooperate with the Discloser in any efforts by the Discloser to mitigate any harm that may be caused by such unauthorized use or disclosure.

8.8 Promptly following the Discloser’s request, the Recipient shall destroy (and shall cause its Representatives to destroy) all or that portion of the Discloser’s Confidential Information identified in such request (including any copies thereof, and any other materials that embody the Discloser’s Confidential Information, including analyses, compilations, studies, or other documents prepared by or on behalf of the Recipient), and shall confirm such destruction in writing. Notwithstanding the foregoing, the Recipient may retain copies of the Discloser’s Confidential Information (i) as part of the archival records (including backup systems) maintained by the Recipient in the ordinary course of business, but only to the extent, and only as long as, required by the Recipient’s records retention policies; or (b) to the extent, and only as long as, required by applicable laws.

8.9 The NDA executed between the parties, if applicable, shall terminate effective as of the Effective Date, and from and after the Effective Date, all Confidential Information disclosed thereunder shall be governed by the terms of this Agreement.

8.10 “Discloser” means the party that, directly or indirectly (including through its Representatives), has disclosed Confidential Information to the other party or its Representatives.

“Recipient” means the party that, directly or indirectly (including through its Representatives), has received Confidential Information from the other party or its Representatives.

“Representative(s)” means, in respect of a party, that party and its affiliates with a need to know, and their respective directors, officers, employees, agents, contractors, subcontractors, service providers, and advisors (including, without limitation, attorneys, accountants, consultants, bankers, and financial advisors).

9. Information security

9.1 Prezi acknowledges that Customer is required to comply with the information security standards required by applicable laws and implementing state and federal regulations.

10. Fees, payment and taxes

10.1 The annual fees for the Initial Term of this Agreement (as defined below) are due and will be paid to Prezi by Customer upon the “Start Date” specified in the applicable Order Form. The annual fees due for each Renewal Term of this Agreement (as defined below) will be invoiced to Customer by Prezi no later than thirty (30) days prior to the commencement of such Renewal Term and will be due and will be paid to Prezi by Customer no later than the commencement of such Renewal Term.

10.2 In addition to any other remedies available to Prezi, Prezi may charge a late fee of one percent (1%) per month (or the maximum amount permitted by applicable law, whichever is less) for any undisputed late payments hereunder.

10.3 Customer is solely responsible for any and all applicable taxes, levies, charges and fees incurred or that may be payable to any applicable taxing authority in connection with the transactions hereunder, other than any income tax incurred by Prezi. All fees stated herein are net of any applicable taxes.

10.4 Stored Credential Consent Agreement. This Stored Credential Consent Agreement (“Agreement”) is between Prezi Inc. and its Affiliates and entities (“Prezi”, “we”) and you, the cardholder (“Cardholder” or “you”).

This Agreement is an integral part of these Terms (“Terms“) and applies to Cardholders that request Prezi to make recurring payments and to store profile and transaction information including saving credit card information for future purchase during the checkout or payment flow.

You hereby acknowledge that Prezi or its PSP will need to store your credit card information, including but not limited to credit card number, expiration date and associated contact and transaction information, in order to process future payments (“Cardholder Data” or “CHD”) and you are hereby providing consent for that storage.

Your stored CHD will be used only to process future payment(s) through our payment processor(s). The use of other information that may be contained within the CHD such as your name and email address will only be used as specified in our Privacy Policy.

Prezi cancellation and refund policies are detailed herein, the recurring payment can be canceled, in accordance with the provisions in the Terms, through your account detail when logged in or by contacting Prezi Customer Support as stated below.

11. Term and termination

11.1 Unless terminated earlier as provided below, this Agreement will commence on the Effective Date and will remain in full force and effect for an initial period of one (1) year (the “Initial Term”), after which this Agreement will automatically renew for additional consecutive one (1) year periods (each a “Renewal Term”), unless either party provides advance written notice of non-renewal at least thirty (30) days prior to the end of the Initial Term or any then-current Renewal Term. The Initial Term and any Renewal Terms are together referred to herein as the “Term”.

11.2 This Agreement may be terminated by either party at any time upon written notice to the other party in any of the following circumstances: (i) for the material breach of the other party, which material breach has remained uncured for a period of thirty (30) days from the date of written notice of such breach, (ii) for the other party’s breach of its confidentiality obligations hereunder, or (ii) upon thirty (30) days’ prior written notice to the other party if such other party becomes subject to an adjudication of bankruptcy under any applicable bankruptcy or insolvency law, or the appointment of a receiver for business or property of the other party or the making of any general assignment for the benefit of its creditors.

11.3 Customer may terminate this Agreement or any Order Form upon thirty (30) business days’ written notice to Prezi prior to their renewal. If written notice is not provided thirty or more days prior to renewal, the renewal term and payment will be due and payable.

11.4 Upon the expiration or termination of this Agreement:

11.4.1 The License Grant to Customer and the Professional Services (if ordered by Customer and in effect at the time of such expiration or termination) will terminate; and

11.4.2 The Recipient will promptly destroy upon Discloser’s written request the Discloser’s Confidential Information identified in such request in accordance with the terms of Section 8.8 of the Agreement.

11.5 Any provision of this Agreement, including an Order Form, that expressly or by its nature may reasonably be interpreted or construed as surviving termination of the Agreement and/or an Order Form, as applicable, will survive the termination of the Agreement and/or Order Form. Sections 2 and 10 will survive any termination or expiration of this Agreement for as long as either party has any pending rights, duties or obligations thereunder. Sections 1.3, 1.4, 6.6, 7, 8, 9, 11.4, 11.5, 11.6, and 12 – 16, inclusive, will survive any termination or expiration of this Agreement.

12. Representations, warranties and remedies; disclaimers

12.1 Each party represents and warrants to the other party that (i) it has full right, power and authority to enter into and fully perform its obligations under this Agreement, (ii) the execution, delivery and performance of the terms and conditions of this Agreement do not conflict with any other agreement to which it is a party or by which it is bound, and (iii) it will at all times comply with all laws, rules and regulations applicable to its activities, duties and obligations hereunder.

12.2 Prezi represents and warrants that the Presentation and / or Video Services, the Professional Services and the Deliverables (collectively, the “Prezi Assets”) will not at the time of their delivery to Customer infringe, violate, or misappropriate the intellectual property rights of any third party. During the term of this Agreement, if Prezi is found to be in violation of this warranty, Prezi will, at its sole expense, modify or replace the infringing Prezi Assets so that they comply with this warranty, without any material loss of the Prezi Assets’ functionality, or to obtain the right for Customer to continue to use the Prezi Assets consistent with this Agreement. Customer will permit Prezi a commercially reasonable amount of time to effect such modification or replacement or to obtain such right prior to pursuing any other remedy for breach of this warranty.

12.3 Prezi warrants that (i) when first made available to Customer, the Prezi Assets shall not contain any malware including, without limitation, any automatic shut-down, lockout, virus, spyware, worm, trap door, Trojan horse, back door, time bomb or other similar mechanism (e.g., timer, clock, counter or other limiting routine, instruction, or design) that would erase data or programming or otherwise cause any system to become inoperable or incapable of being used in accordance with its documentation or intended purpose, or aid in a data leak (individually or collectively, “Malicious Code”).

12.4 EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, PREZI MAKES NO REPRESENTATION OR WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING SUCH SUBJECT MATTER. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, PREZI’S PRODUCTS AND SERVICES ARE PROVIDED “AS-IS” AND PREZI DISCLAIMS ANY REPRESENTATION THAT ITS PRODUCTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES WILL BE UNINTERRUPTED OR ERROR FREE.

13. Indemnification and insurance

13.1 Prezi will indemnify, hold harmless and defend Customer and its shareholders, directors, officers, employees and agents (individually, a “Customer Indemnitee,” and collectively, the “Customer Indemnitees”) from and against any action, claim, proceeding, or damage, including reasonable costs and attorney's fees, asserted by any third party (a “Claim”), arising out of or relating to: (1) any alleged or actual infringement of any patent, trademark, service mark, or copyright, or alleged or actual misappropriation of any trade secret on the part of Prezi and/or its employees or agents in connection with the Presentation and / or Video Services and/or Professional Services provided by Prezi under this Agreement, except to the extent that such Claim results from (i) any Customer Content or (ii) Customer’s use of the Presentation and / or Video Services and/or Professional Services in material breach of this Agreement; (2) any negligent or more culpable acts or omissions of Prezi or its personnel; or (3) Prezi’s breach of the Agreement.

13.2 Customer will indemnify, hold harmless and defend Prezi, its shareholders, directors, officers, employees and agents from and against any Claim directly resulting from (i) any Customer Content or (ii) Customer’s use of the Presentation and / or Video Services and/or Professional Services in material breach of its obligations under this Agreement.

13.3 A party seeking defense and indemnification under Section 13 shall promptly notify the other party in writing of the Claim. A party entitled to indemnity and defense hereunder (an “Indemnified Entity”) shall permit the party providing such indemnity and defense (the “Indemnifying Party”) to defend and/or settle any such Claim; provided, however that the Indemnifying Party shall not enter into any settlement agreement that would result in any admission by the Indemnified Entity or payment by the Indemnified Entity without the Indemnified Entity’s prior written consent. In addition, without the Indemnified Entity’s prior written consent, any settlement of the Claim shall not adversely affect the Indemnified Entity’s rights hereunder or impose any obligations on the Indemnified Entity. The Indemnified Entity may at its election be represented by separate counsel at its own expense. The Indemnified Entity agrees to reasonably cooperate with and provide the Indemnifying Party all reasonable assistance (at the expense of the Indemnifying Party) in connection with the defense or settlement of any such Claim.

13.4 Prezi shall maintain at its own expense during the Term and for a period of three (3) one (1) years thereafter the insurance coverages required by national law or as otherwise agreed between the Parties. each of which must be issued by an insurance company having an AM Best rating of A- or better. Prezi shall maintain deductibles that are appropriate in relation to the risks associated with its business and its financial strength and is responsible for all such deductibles and self-insured retentions. Except to the extent Customer agrees otherwise in writing, Prezi shall require all subcontractors to carry the same coverages at the same limits set forth herein.

14. Limitation of liability

Except in connection with the breach of a party’s confidentiality obligations hereunder or the indemnification of third party claims;

14.1 NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE PARTIES TO THIS AGREEMENT. EXCEPT IN CONNECTION WITH THE BREACH OF A PARTY’S CONFIDENTIALITY OBLIGATIONS HEREUNDER, THE INDEMNIFICATION OF THIRD PARTY CLAIMS OR NON-PAYMENT OF ANY AMOUNTS DUE HEREUNDER, IN NO EVENT WILL TOTAL CUMULATIVE DAMAGES EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO PREZI UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

14.2 THE TERMS OF SECTIONS 14.1 AND 14.2 SHALL NOT APPLY TO: (i) CLAIMS ARISING AS A RESULT OF PERSONAL INJURY, INCLUDING DEATH, CAUSED BY A PARTY OR ITS PERSONNEL; (ii) CLAIMS ARISING AS A RESULT OF DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY CAUSED BY A PARTY OR ITS PERSONNEL; (iii) PREZI’S OBLIGATIONS UNDER SECTION 13 (OR A BREACH OF SUCH OBLIGATIONS); (iv) PREZI’S BREACH OF SECTION 8 OR SECTION 9; OR (v) PREZI’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.

15. Dispute resolution

All disputes between the parties arising from or concerning in any manner the subject matter of this Agreement will be resolved through binding arbitration by a single arbitrator pursuant to the American Arbitration Association’s rules applicable to commercial disputes.

16. General

16.1 This Agreement will be governed by and construed in accordance with the laws of the State of California without regard to conflict of laws principles. This Agreement will not be governed or interpreted in any way by referring to any law based on the Uniform Computer Information Transactions Act, even if that law is adopted in California. If Customer is outside of the United States, the parties agree that rights and obligations of the parties under this Agreement shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods.

16.2 If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect.

16.3 Failure by a party to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term in this Agreement or any other agreement that may be in place between the parties.

16.4 A party may not assign or transfer this Agreement, in whole or in part, including by operation of law, without the other party’s prior written consent, and any assignment or transfer of this Agreement by a party in violation of the foregoing will be null and void.

16.5 The parties are independent contractors. Neither party will be deemed to be an employee, agent, partner or legal representative of the other for any purpose and neither will have any right, power or authority to create any obligation or responsibility on behalf of the other.

16.6 This Agreement is not intended to benefit, nor shall it be deemed to give rise to, any rights in any third party.

16.7 Neither party will be liable for any failure or delay in its performance under this Agreement due to causes, including, but not limited to, an act of God, act of civil or military authority, fire, epidemic, flood, earthquake, strikes, riot, war, sabotage, terrorism, failure of suppliers and governmental action, which are beyond its reasonable control (each, a “Force Majeure Event”).

16.8 The section titles and numbering of this Agreement are displayed for convenience and have no legal effect.

16.9 In the event that any a provision of this Agreement shall be found to be illegal or unenforceable, the parties will consult each other to settle the situation, and this Agreement shall nevertheless remain in full force and effect, and such provision shall be deemed severed and replaced with a legal and enforceable provision as consistent as possible with the intent of the parties.

16.10 This Agreement may be executed in multiple counterparts and such counterparts may be exchanged by electronic transmission (including without limitation by email attaching a .PDF copy of same), each of which counterparts shall be deemed an original and all of such counterparts, when taken together, shall constitute but one and the same original instrument.

16.11 This Agreement is the complete and exclusive agreement between the parties with respect to the subject matter hereof, superseding any prior agreements and communications (both written and oral) regarding such subject matter.

16.12 Any written notice, request, consent, approval, or other communication required or permitted to be given pursuant to the Agreement shall be in writing and shall be deemed to have been given: (i) upon delivery if delivered personally, (ii) one (1) business day after deposit with a national overnight courier, or (iii) upon receipt if sent via facsimile (provided a confirmation is provided via one of the methods described in subsections (i) or (ii)), in each case addressed to the recipient at the applicable addresses and/or facsimile numbers set forth below, or to such other addresses and/or facsimile numbers as may be specified by a party upon written notice given in accordance with the terms of this Section.

16.13 The Agreement may be amended and supplemented by written notice delivered via notification to your Prezi Teams administrator(s) or the contract signatory (if different), through this page, the user interface or through other reasonable means (including email). Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service and provide a written summary of the concern to Prezi to be reviewed and a response delivered to you within thirty (30) days. Otherwise, the new terms will apply to you.

Last updated: November 27th 2024

IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND PREZI THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW THE “DISPUTE RESOLUTION” SECTION BELOW FOR DETAILS REGARDING ARBITRATION.

1. Introduction

This is important, so please read carefully! Thank you.This is a binding legal agreement between the natural person or legal person (“Customer” or “you”) agreeing to these Terms of Service (“Terms”) and Prezi Inc. (“Prezi,” “us,” or “we”). By accepting these Terms, signing an Order, or using the services subject to these Terms of Service (collectively the “Service(s)” or “Prezi Service(s)”), you represent that you have civil and legal capacity, that you are of legal age and have the authority to bind the Customer to the Order, these Terms and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”)

Your use of and access to the Prezi Service, and the licenses granted herein are expressly conditioned upon your compliance with and acceptance of this Agreement.

If you register on behalf of a legal person, you represent to Prezi that you have the authority to bind that legal person and that your acceptance of this Agreement will be treated as acceptance by that legal person. The Prezi Services are not available to persons who are not legally eligible to be bound by this Agreement.

Changes and Modifications. Prezi may change or amend these Terms. If we make material changes, we will notify you, either through this page, the user interface, in an email notification, or through other reasonable means. Your use of the Service after the date such change(s) become effective will constitute consent to the changed terms. If you do not agree to the changes, you must immediately stop using the Service. Otherwise, the new terms will apply to you.

As long as you comply with this Agreement, Prezi grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights, implied or otherwise.

Links to Other Sites. The Service may contain links to or allow you to interact with and make use of other independent third-party websites, products or services (“Third-Party Sites, Products and Services”). Access to Third-Party Sites, Products, and Services are provided solely as a convenience to our Visitors and Customers. Such Third-Party Sites, Products, and Services are not under Prezi’s control and Prezi does not necessarily endorse the content, advertising, products, services or other materials on or available from such Third-Party Sites, Products and Services. Your use of any Third-Party Sites, Products and Services may be subject to the third-party provider’s terms and conditions and privacy policy and may involve the disclosure or transfer of information from or about you to the third-party provider. You will need to make your own independent judgment regarding your use of and interaction with any Third-Party Sites, Products and Services. You acknowledge and agree that Prezi is not responsible for the availability of any Third-Party Sites, Products and Services and that Prezi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or interaction with any Third-Party Sites, Products and Services.

2. Description of Service

The Prezi Service is a living presentation, video - and data visualization tool for presenting and storytelling. The Service combines creative thinking and technological expertise to allow you to seamlessly create your own high-quality presentations, videos, webinars or other content, post and stream them to the internet, and share them with friends or colleagues. The Service includes AI-powered products and tools (“AI Products”), which are governed by these Terms in addition to our AI Product Terms of Use .

3. Trials

You are granted a nonexclusive, revocable right during the specified (14 day unless otherwise stated in writing) free trial period (the “Trial Period”) to access the Site and use the Service and Software and to permit your Users to do so, subject to these Terms. At the end of the Trial Period, the use of the Service by you and your Users will either (1) migrate to a standard paid subscription and be bound by the Prezi or Infogram, as applicable, terms and conditions applicable thereto, or (2) terminate. You expressly agree that you waive any and all rights to a refund by engaging to have a Trial Period and attest herein to waive all such rights to a refund.

Free trials are limited to one concurrent period of 14 days unless stated of a different length. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond the single free trial term.

While you may be able to create Private User Content during the Trial Period, Prezi reserves the right to designate such Private User Content as Public User Content after the conclusion of the Trial Period if you do not convert your free trial into a paid Prezi account.

4. Conditions and Restrictions of Use, User Conduct

As a condition of use, and the licenses granted to you herein, you agree that you will not (and will not attempt to):

Distribute any part of, or parts of the Website or the Service, including but not limited to any content made available on or through the Services (“Content”), in any medium without Prezi's prior written authorization, unless Prezi makes available the means for such distribution through functionality offered by the Service.
Alter or modify any part of the Website or any of the Service.
Access Content through any technology or means other than as Prezi may explicitly designate for this purpose.
Circumvent, disable or otherwise interfere with any security-related features of the Service or features that (i) prevent or restrict use or copying of Content or (ii) enforce limitations on use of the Service or the content accessible via the Service.
Without Prezi’s express written permission, sell access to the Services or sell advertising, sponsorships or promotions placed on or within the Services or any User Content.
Use or launch any automated system (including, without limitation, any robot, spider or offline reader) that accesses the Service.
Collect or harvest any personal data of any user of the Website or any Service (and agree that this shall be deemed to include Prezi account names).
Use the Prezi Services (including the comments and email features) for spamming, advertising, or other solicitation of business in the course of trade or in connection with a commercial enterprise.
Solicit, for commercial purposes, any users of the Prezi Service.
Access the Prezi Services or User Content, other than as intended through and permitted by the normal functionality of the Prezi Services.
Copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Prezi Content, User Content, or other content for any purposes not expressly permitted herein, without the prior written consent of Prezi or the respective owners of the content.
Share login credentials or passwords or use of your account with any other person. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify Prezi immediately of any unauthorized use of your account or password, or any other breach of security. If your account is a single user account, you must not knowingly allow others to use your account or password.
Use the Service to harass, threaten, impersonate, or intimidate anyone.
Upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, violent, sexually explicit, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
Upload, post, email, transmit, publicly perform, or otherwise make available any content that violates the copyright, trademark, publicity, privacy, or other rights of third parties. You and not Prezi are responsible for assuring that you are not violating the copyright, trademark, publicity, privacy or other rights of third parties. You must comply with all intellectual property and other laws applicable to your use of the Service.
Upload, post, email, transmit, publicly perform, or otherwise make available any content that features a photo or likeness of a person without having obtained documented consent. In the case of anyone under sixteen years of age, such documented consent will have been obtained from a legal guardian.
Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
Upload, post, email, transmit, or otherwise make available any malware, adware, spyware, viruses or any software of a destructive or malicious nature.
Violate any laws applicable to your use of the Service (including but not limited to intellectual property and data protection laws).
Use the Service for any illegal or unauthorized purpose. You agree to comply with all applicable laws in all applicable jurisdictions (including your own jurisdiction).
Use the Service, or any content produced on or using the Service, to falsely suggest an affiliation, sponsorship, or endorsement on the part of Prezi for the topic and/or creator of the presentation.
Access the Prezi Services if your access has been suspended, revoked or terminated.

You agree that your failure to adhere to any of the above conditions, or any other provision of these Terms of Service, shall constitute a breach of these Terms of Service on your part. In the event of breach or a documented alleged breach Prezi reserves the right to remove the content from being publicly available. The content will be removed permanently from being publicly accessible if a breach is confirmed. It is your responsibility to diligently and responsibly adhere to these Terms.

System requirements. Use of the Prezi Services may require one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High-speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

5. Age Restrictions on Use of the Service

You may not use the Service if you are under 13 years of age. You represent that you are 13 or older, and that you will not permit a minor under the age of 13 to use the Service, your Prezi account, or otherwise interact with the Service. Prezi will never knowingly solicit or accept personally identifiable information or other content from a user or visitor who Prezi knows is under 13 years of age. If Prezi discovers that a user under 13 years of age has created an account, or that a user or visitor under 13 years of age has posted personally identifiable information or other content to the Service, Prezi will terminate the account and remove the information or other content.

Users between 13 and 18 (each a “Teen”) may not access or use the Service unless (i) both the Teen and their parent or legal guardian have first agreed to these Terms of Service; and (ii) the Teen uses an account established by their parent or legal guardian, under such parent or guardian’s supervision, and with such parent or guardian’s permission. If you permit a Teen to use the Service, you hereby agree to these Terms of Service on behalf of both yourself and the Teen. You further agree that you are solely responsible for any and all use of the Service by your Teen regardless of whether such use was authorized by you.

6. Account Types

Prezi offers a variety of user accounts. You can find out about all the types of accounts, as well as their features and pricing, here . Services, features, account types and pricing are subject to change.

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7. Beta Services

Prezi may, from time to time, offer access to services that are classified as 'Beta version'. Access to and use of Beta versions may be subject to additional terms of service, policies and other agreements. Prezi makes no warranties and representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided AS-IS, may contain bugs, errors or other defects, and your use of a Beta version is at your sole risk.

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8. User Content & Options

8.1 General

Prezi offers a number of ways to share, or not share, any presentations or other content, such as text, files, documents, graphics, images, audio and video that you create or make available through the Services, but excluding Prezi Content (“User Content”), including presentations, videos, with others.

Prezi Public (free) Accounts. If you have a Prezi Public (free) account, all of the User Content you create, including all of the information within your presentations, your videos, your other content, and your username will be available to anyone who has access to the internet (“Public User Content”). Public account holders with specific licenses may be able to create Private User Content, as defined below, including the option to create unlisted/private videos. Public User Content, including presentations or videos, can be viewed by other Prezi users, will appear in the searchable Prezi database, in publicly available search engines and will be available for others to access and view online.

Re-useable Public User Content. If your content is designated as Public User Content, you may choose to “allow re-use” of that content (in the case of videos that are designated Public User Content, you are required to allow re-use). We may share your reusable Public User Content with our AI third-party partners who may use this content for their own commercial purposes, including without limitation, to train and improve their AI algorithms and models or to conduct AI research and development.

Paid Prezi Accounts. If you have a paid Prezi account, all of your User Content will not be accessible or viewable by other Prezi users or the Public (“Private User Content”) by default unless you elect to designate such User Content as Public User Content. If you have an educational or paid Prezi account, you can choose to designate your content Public User Content or Private User Content. Presentations designated as Private User Content will not be available to the public. You may invite one or more people (a “Viewer”) to view your presentation or video by sending them a “share” or “invite” link. You can learn more about sharing here . You hereby do and shall grant to each Invited Viewer a worldwide, non-exclusive license to access, view, publicly perform, publicly display and communicate to the public your Private User Content. This license ends one year after you delete the Private User Content, including the presentation or video, or your account is closed (either by you or by us), except to the extent that the Private User Content has been shared with others and they have not deleted it.

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Prezi reserves the right to remove from display and/or delete any content, data or other material in Prezi’s reasonable business judgment or upon formal notice from the copyright or intellectual property owner, violates any of the above prohibitions or as directed by law enforcement agencies, regulators or legal process.

Sharing with edit rights. Regardless of whether your User Content has been designated as Public User Content or Private User Content, you may choose to share a presentation, video or other User Content in a manner that allows the person you’ve shared such User Content with (a “Co-editor”) to reuse or edit that User Content, or portions thereof as permitted by the Prezi Services. You can learn more about sharing with edit rights here . You hereby do and shall grant to each Co-editor a worldwide, non-exclusive license to use, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit User Content of which they are Co-editors. This license ends one year after you delete such User Content or your account is closed (either by you or by us), except to the extent that the User Content has been shared with the Co-editors and they have not deleted it.

Prezi Videos. You may create, stream, record and share videos using the Prezi Services. These videos may feature, among other things, the image of you, Prezi presentations, and other User Content. Live video feeds (including via Facebook Live and Zoom) are supported as well. As with all online activities, please exercise discretion in deciding what to post.

Integration with Other Services. Prezi supports sharing with other Third-party Services. You hereby grant to Prezi all rights necessary to connect your social media and other third-party accounts, and to effectuate your User Content sharing (including without limitation video streaming) with these platforms. Please be aware that third-party services are governed by their own terms and policies; it is your responsibility to familiarize yourself with them before posting.

Prezi for Teams Accounts. If your account is part of a Prezi for Teams account, your account is subject to the terms and conditions of the agreement between Prezi and the owner of the Prezi for Teams account, i.e. the entity (the “Team Administrator”) that is financially responsible for any fees associated with the Prezi for Teams accounts belonging to that entity and which assigned your Prezi for Teams account to you. Those terms may be in addition to or different from the terms and conditions in this Agreement. Please note that the Team Administrator controls your Prezi for Teams account and may, among other things:

manage your account, including changing the privacy settings;
suspend or cancel your account;
grant, restrict or block access to your account;
view your account’s usage, including how and when your account is used;
view your account’s profile data;
read, copy, modify, export, share, store or delete Content (both Public User Content and Private User Content) in your account;
make Public User Content private;
make Private User Content public.

Please ask your Team Administrator about the specific conditions applicable to your Prezi for Teams account. You hereby do and shall grant to the Team Administrator a worldwide, non-exclusive license to use, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit the Public User Content or Private User Content of your Prezi for Teams account. This license ends one year after you delete the presentation or your Prezi for Teams account is closed (either by you, the Team Administrator or by us), except to the extent that the content has been shared with others and they have not deleted it.

Business Accounts. If you sign up for a Prezi Public Account or a Paid Prezi Account with an e-mail address using a domain owned by an organization (“Organization”) then, depending on your country of habitual residence and the agreement entered into between us and the Organization, your account (a “Business Account”) is subject to the terms and conditions of the agreement between Prezi and the Organization. Those terms may be in addition to or different from the terms and conditions in this Agreement. Please note that the Organization controls your Business Account and may have the same rights with regard to your Business Account that a Team Administrator has with regard to a Prezi for Teams account.

If you convert your account to a Business Account, the Organization may prevent you from subsequently converting your account to another account type. Please ask your Organization about the specific conditions applicable to your Business Account. You hereby do and shall grant to the Organization a worldwide, non-exclusive license to use, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit the Public User Content or Private User Content of your account. This license ends one year after you delete the presentation or your account is closed (either by you or by us), except to the extent that the content has been shared with others and they have not deleted it.

The Organization may request Prezi to block your account until you either convert your account to a Business Account or you associate a personal e-mail address with your account.

Your Accounts. You are solely responsible for (i) all use of the Services by you and your users, (ii) obtaining consent from your users to the collection, use, processing and transfer of User Content, and (iii) providing notices or obtaining consent as legally required in connection with the Prezi Services. We do not send emails asking for your usernames or passwords, and to keep your accounts secure, you should keep all usernames and passwords confidential. We may suspend the Prezi Services or terminate the Agreement if you, your users, or attendees are using the Services in a manner that is likely to cause harm to us or to third parties. You agree to notify us immediately in the event you become aware of a security breach.

Trials and Free Services. Your right to access and use the Prezi Services is not guaranteed for any period of time and we reserve the right, in our sole discretion, to limit or terminate the use of any Prezi Service at any time. If you are using the Services on a trial or promotional basis (“Trial Period”), your Trial Period and access to the Services will terminate (i) at the end of the Trial Period stated in your Order, or (ii) if no date is specified, 14 days after your initial access to the Prezi Services, or (iii) upon your conversion to a subscription. We may modify or discontinue any trials or promotions at any time without notice.

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8.2 Licenses you grant to Prezi for use of Public User Content and Private User Content.

With respect to Private User Content, you hereby do and shall grant to Prezi (and its successors, assignees, and third-party service providers) a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit the content for the purpose of providing you, and those with whom you have shared your Private User Content, including but not limited to presentations, videos, with the Service. This license ends one year after you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it, (ii) that if you are a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content for two years and (iii) that if you are not a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content indefinitely.

With respect to Private User Content, you hereby do and shall grant to Prezi (and its successors, assignees, and third-party service providers) a worldwide, non-exclusive, royalty-free, fully paid, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit the content for the following purposes:

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as required to provide the Services to you or those with whom you have shared your Private User Content or as otherwise necessary for purposes of Prezi’s legitimate interests (including evaluating and responding to security incidents and legal requests), or
as authorized or instructed by you or your users in this Agreement or in any other agreement between the parties, or
as required to comply with our policies, applicable law (including copyright and intellectual property), or governmental request, or
as required to conduct research and development for the further development of our Services in order to provide the Services to you and others (including account, service usage, feature usage, suitability for feature development and survey information).

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This license ends one year after you delete your Private User Content or your account is closed (either by you or by us), except (i) to the extent that your Private User Content has been shared with others and they have not deleted it, (ii) that if you are a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content for two years and (iii) that if you are not a habitual resident of a Member State of the European Economic Area, we retain a license to maintain a back-up copy of your Private User Content indefinitely.

With respect to Public User Content, you hereby do and shall grant to Prezi (and its successors, assignees, and third-party service providers) a worldwide, perpetual, non-exclusive, royalty-free, fully paid, sublicensable (through multiple tiers), and transferable license to use, host, store, reproduce, modify, create derivative works, communicate to the public, publish, publicly perform, publicly display, distribute and transmit the Public User Content for any purpose, including without limitation (1) for the purpose of providing you, and those with whom you have shared Public User Content, including but not limited to your presentations, videos (including the public), with the Service; and (2) in connection with promotion and marketing of Prezi products and services, including without limitation allowing third parties to search or index the content, in connection with email promotions, product demonstrations, and the like.

Further you agree that Prezi has the right to use your Public User Content (excluding your username) to train our algorithms, models, and AI products and services, to develop, improve and provide our Services, including Prezi AI.

Prezi makes no claim of ownership to your User Content and obtains no rights to your content other than as provided for herein.

When you upload User Content on or through the Service, you represent and warrant that, with respect to all User Content that you use, upload, transmit, publish and disseminate through the Service, (a) you have all the rights, consents, releases, permissions and licenses necessary to use, upload, transmit, disseminate, reproduce, publish, communicate to the public, publicly display, perform publicly, distribute, or otherwise exploit such User Content in connection with the Service (and to grant to Prezi and/or others the licenses set forth in this Agreement); (b) the User Content will not infringe or otherwise violate any rights, including but not limited to privacy, image, name, honor, dignity, copyright, trademark or any other intellectual property right, right of publicity and/or legal interests of any third party; (c) you have obtained documented consent from the owner or person in the case of an image to use such image in your Content.

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8.3 Expiration and revocability of licenses

Prezi makes it easy for users with qualified accounts to change a presentation’s public/private, and “allow reuse” status at any time.

However, uses made of your presentation, video or other User Content, whether by Prezi or its users, are subject to the licenses that were in place at the time such use was originally made by the person or entity who originally made the use. For example, licensed uses of Public User Content, or content that allows reuse, may continue to be made after such content is designated Private User Content, by those users or entities who previously used the content under the prior license.

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8.4 Third-party and linked/embedded content

Prezi gives you the option, when creating or editing a presentation, to search for and insert third-party content, including but not limited to images and content from other web-based platforms (such as Infogram), into your User Content (presentations, videos, etc.). Such third-party content is subject to the license terms and contractual provisions that accompany it, and you are solely responsible for compliance with all such terms and provisions. For example, if you use an image that is licensed pursuant to a Creative Commons license that prohibits commercial use, you may not use the image for commercial purposes. Similarly, if you use Infogram charts, custom images, YouTube videos, or other third-party content in your User Content, including presentations, videos, your use must be consistent with the terms of use provided by those third parties, and the licenses applicable to that content. Some license terms and contractual provisions may limit the manner in which you are permitted to use your User Content, such as share it with others, or allow re-use of presentation, video.

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8.5 Professional Services

If your Prezi account includes design services, training services or other professional services, (collectively, “Professional Services”), this section applies to your account.

Prezi will perform the Professional Services in a competent and professional manner.
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You will provide all assistance and cooperation to Prezi reasonably necessary to permit Prezi to perform the Professional Services. You acknowledge that failure to provide such assistance and cooperation may impair Prezi’s ability to provide the Professional Services and may result in additional charges being invoiced to you as a result of additional time or expenses incurred by Prezi as a result. You will be responsible for making, at your sole expense, any changes or additions to your hardware and software systems that may be required to support Prezi’s performance of the Professional Services or the installation, implementation and/or use of any deliverables specified (each, a “Deliverable” and, collectively, the “Deliverables”). You will assign a project manager to (i) assist and coordinate with Prezi in connection with its performance of the Professional Services, (ii) serve as a principal point of contact with Prezi and (iii) perform the review, analysis, and acceptance of the Deliverables.

Upon payment in full of the fees for your Prezi account which includes Professional Services, or upon payment in full of Prezi’s fees for the Professional Services if such fees are separate from the charges for your Prezi account, you will have a worldwide, royalty-free, non-exclusive right and license to use the resulting Deliverables solely in connection with your Prezi account on a trial basis for sixty (60) days from the date your Prezi account is activated (the “Trial Period”). You may terminate the Trial Period prior to its scheduled end by issuing a written termination notice to Prezi. Upon Prezi’s receipt of the termination notice, the Trial Period will terminate, your license to use the Deliverables will terminate, you may not make any further use of the Deliverables and you will be entitled to a credit for the portion of the fees which you paid which are applicable to the Professional Services which directly relate to the applicable Deliverables. If you do not issue Prezi a written termination notice before the scheduled end of the Trial Period, you will have a worldwide, royalty-free, non-exclusive right and license to use the resulting Deliverables solely in connection with your Prezi account until your Prezi account expires or is terminated.

Prezi reserves all rights to the Deliverables that are not expressly granted in these Terms of Service. Nothing in these Terms of Service will be construed as granting you any property rights in or to the Deliverables or in or to any invention or any patent, copyright, trademark or other intellectual property rights that have been issued, or that may issue, based on the Deliverables. The Deliverables are licensed hereby, not sold.

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9. Payment Terms

9.1 Payment for subscription

You agree to pay the then-current fee for your account type. Some Prezi accounts are offered with a free trial period. Such free trials are limited to one-per-user. Users must not fraudulently obtain (or attempt to obtain) additional trial periods beyond the single free trial term.

If your account began with a free trial, the current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date your free trial expires. If your account did not begin with a free trial, the current fee for the account type you have selected will automatically and immediately be charged to your payment instrument or account on the date you signed up and then every 30 or 365 days after (depending on the billing cycle which applies to your account). Fees charged for one account type may not be credited towards other account types. All currency references are in U.S. dollars.

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Stored Credential Consent Agreement. This Stored Credential Consent Agreement (“Agreement”) is between Prezi Inc. and its Affiliates and entities (“Prezi”, “we”) and you, the cardholder (“Cardholder” or “you”).

This Agreement is an integral part of these Terms and applies to Cardholders that request Prezi to make recurring payments and to store profile and transaction information including saving credit card information for future purchase during the checkout or payment flow.

You hereby acknowledge that Prezi or its payment service provider will need to store your credit card information, including but not limited to credit card number, expiration date and associated contact and transaction information, in order to process future payments (“Cardholder Data” or “CHD”) and you are hereby providing consent for that storage.

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9.2 Fraud protections

To protect against potential fraud, Prezi may take steps to verify the validity of the credit card information you provide to us. The verification process may include debiting an amount between $0.01 and $0.99 from your credit card account and then immediately crediting the same amount back to your credit card, as well as asking you to verify the amount debited in order to confirm that you are in possession of your credit card. Prezi will only use this process to screen for fraud and will not otherwise debit your credit card account except as part of a transaction conducted through your account for the Service. By providing Prezi with your credit card information, you authorize Prezi to debit and credit your credit card account for an amount less than one dollar for such verification purposes. Prezi may also engage third parties to provide fraud detection services.

9.3 Cancelation of subscription

Payment for subscriptions is non-refundable. If you cancel your recurring payment option, your account will remain active until its next renewal date. If you delete your account before the end of the term for which you paid, your account will be deleted however your account access will remain active until its next renewal date. In either case (cancellation or deletion), you will not be given any refund.

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9.4 Termination

If your payment method is invalid or rejected for any reason and a free Prezi Public version of your paid Prezi account type is available, your paid Prezi account will revert to the free Prezi Public account version and will be subject to the limitations of a free Prezi Public account, provided, however, that Prezi reserves the right to cancel your account entirely in such case. You will have the option of deleting any User Content from your account prior to its reversion to a Prezi Public account. In the event your paid Prezi account reverts to a free Prezi Public account, any content you previously created with a paid Prezi account and designated as Private User Content will remain Private User Content, but you will not be able to edit such content. New content you create with such an account will become Public User Content, which means any new content you create from that point forward is going to be public.

If your paid Prezi account began with a free trial and you do not purchase a subscription to the same or an upgraded version of those services before the end of the trial period, your paid Prezi account will automatically terminate at the end of the trial period. If your paid Prezi account is terminated for any reason or expires, any content you entered into the Service, and any customizations made to the Service by or for you, which are associated with your paid Prezi account will become unavailable.

Prezi further reserves the right to cancel, or revert to Prezi Public account status, the account of any user who attempts to fraudulently obtain Prezi educational pricing.

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9.5 Other payment provisions

9.5.1 Argentina

You grant Prezi, and any and all payment processors which may process payment transactions on behalf of Prezi, to close the FX contract and to transfer the funds relating to payments executed via RapiPago, Pago Fácil, or credit cards.

Any and all payment processors which may process transactions on behalf of Prezi do not account for collecting taxes, which might originate in relation to this operation.

9.5.2 Brazilia

You grant third parties designated by Prezi with powers to close the FX contract and to remit the funds relating to payments executed via boleto bancario, credit cards or PAYPAL.

The third parties mentioned above act on behalf of you and do not account for collecting taxes, which might originate in relation to this operation.

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9.5.3 Colombia

You grant Prezi, and any and all payment processors which may process payment transactions on behalf of Prezi, to close the FX contract and to transfer the funds relating to payments executed via Baloto, Botón PSE, or credit cards.
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Any and all payment processors which may process transactions on behalf of Prezi do not account for collecting taxes, which might originate in relation to this operation.

9.5.4 Chile

You grant Prezi, and any and all payment processors which may process payment transactions on behalf of Prezi, to close the FX contract and to transfer the funds relating to payments executed via Baloto, Botón PSE, or credit cards.
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Any and all payment processors which may process transactions on behalf of Prezi do not account for collecting taxes, which might originate in relation to this operation.

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9.5.5 Mexico

You grant Prezi, and any and all payment processors which may process payment transactions on behalf of Prezi, to close the FX contract and to transfer the funds relating to payments executed via Oxxo, credit cards, debit cards, or PAYPAL.

Any and all payment processors which may process transactions on behalf of Prezi do not account for collecting taxes, which might originate in relation to this operation.

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9.5.6 Peru

You grant Prezi, and any and all payment processors which may process payment transactions on behalf of Prezi, to close the FX contract and to transfer the funds relating to payments executed via Pago Efectivo, credit cards, debit cards.

Any and all payment processors which may process transactions on behalf of Prezi do not account for collecting taxes, which might originate in relation to this operation.

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10. Abuses

If you believe that Prezi, or any user of the Service, has violated your rights, including privacy, copyright, trademark or other rights, please submit an abuse report using our form . It is Prezi’s policy in appropriate circumstances to take-down any content (and/or terminate account holders) that infringe the rights of copyright holders). You may contact us pursuant to the U.S. Digital Millennium Copyright Act (“DMCA”) or other applicable laws at copyright@prezi.com and review our Intellectual Property Rights Policy for more details. For privacy concerns, you may also contact us at privacy@prezi.com and review our Privacy Policy for more details.

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11. Prezi’s Intellectual Property

All intellectual property, e.g. text, fonts, graphics, pictures, icons, user interfaces, visual interfaces, photographs, trademarks, logos, design marks, sounds, music and its accompanying words, artwork, content, computer code, programs, software (collectively, “Prezi Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Prezi Content, contained on the Service is owned, disposed, controlled, or licensed by or to Prezi, and is protected by trade dress, industrial design, copyright, patent, and trademark laws, and various other intellectual property rights.

For more on how you can make use of our Prezi Content, in particular, word marks, logos and design marks, please review our Trademark and Brand Usage Policy . For more information on Prezi Desktop software license terms, please review the Prezi Desktop software EULA .

Except as expressly provided in this Agreement, including our Trademark and Brand Usage Policy, or otherwise permitted by law, no Prezi Content may be used, copied, reproduced, communicated to the public, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any purpose, without Prezi’s express prior written consent.

If you embed a presentation authored by Prezi within a third-party website or service – including but not limited to embedding a Prezi-authored presentation at your own website – you agree to attribute that presentation to Prezi as follows:

made by [creator]
© Prezi [year]
learn more at prezi.com

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12. Termination; Breach of this Agreement

You agree that Prezi may, at its sole discretion and without prior notice, terminate your account, your access to the Service, and/or block your future access to the Service. By way of example, but not by way of limitation, we may terminate your account if we determine that you have violated this Agreement or other agreements or guidelines that may be associated with your use of the Service. Please note that it is Prezi’s policy to terminate the accounts of users who repeatedly violate the intellectual property rights of third parties.

13. Disclaimer of Warranties

While Prezi attempts to make User Content available through the Service, Prezi does not guarantee access to, or hosting of, your User Content. For example, if User Content violates these Terms of Service, access to it may be disabled. Also, if a particular piece of content creates too large a demand on the Service, it may result in access to the content being temporarily or permanently disabled. You agree that Prezi will not be liable to you or to any third party for termination of your access to the Service for any reason.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. PREZI AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AND LICENSORS (THE “PREZI AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. PREZI AND THE PREZI AFFILIATES MAKE NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.

ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PREZI, THE PREZI AFFILIATES, OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

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14. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PREZI AND THE PREZI AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER, CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES, WITHOUT LIMITATION, ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT PREZI MAY MAKE TO THE SERVICE; (b) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH THE SERVICE; OR (d) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF PREZI, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES OVER THE PRIOR SIX-MONTH PERIOD OR $100, WHICHEVER IS GREATER.

YOU SPECIFICALLY ACKNOWLEDGE THAT PREZI AND THE PREZI AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

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15. Exclusions and Limitations

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, PREZI AND/OR THE PREZI AFFILIATES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

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16. Please Review User Content for Appropriateness Before Use

Prezi has not reviewed the User Content featured on the Service to determine whether they are suitable or appropriate for your intended audience. Before using any of the User Content (including presentations and videos) featured on the Service, please PREVIEW THEM CAREFULLY to ensure that the materials are appropriate for your audience, and for any other uses you intend to make. Prezi is not responsible for any User Content on the Service. If you find any content on the Service that you believe is objectionable, or that violates these Terms of Service or Prezi’s conduct guidelines, please report us an abuse by completing the form or feel free to notify us at abuse@prezi.com. Breach of these Terms will result in Prezi removing the content from public availability. In the event of a documented allegation of such misuse, Prezi has the right to temporarily make such content private pending your resolution of the matter. Prezi is not responsible for investigating or dispositioning allegations of misuse.

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17. Indemnification

You agree to indemnify and hold Prezi and/or the Prezi Affiliates harmless from and against any and all liabilities and costs (including reasonable attorney’s fees, subject to Section 19 below) incurred by Prezi and/or the Prezi Affiliates in connection with any claim arising out of your breach of the Agreement. Prezi reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

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18. Governing Law and Forum Choice

These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Prezi are not required to arbitrate will be the state and federal courts located in San Francisco and you and Prezi each waive any objection to jurisdiction and venue in such courts.

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19. Dispute Resolution

Please read this section carefully. It affects your rights.

Most disputes can be resolved informally. If you have a concern, please contact us and include your name, a detailed description of the dispute, and the relief you seek. If you reside in the EU, the European Commission provides for an online dispute resolution platform, which you can access here: https://ec.europa.eu/consumers/odr .

In the unlikely event that we are unable to resolve your concern to your satisfaction (or if we haven’t been able to resolve a dispute that Prezi has with you after attempting to do so informally), either of us may bring a formal proceeding.

If you are a U.S. resident, you also agree to the following mandatory arbitration provisions:

Mandatory Arbitration of Disputes. We each agree to resolve any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or use of the Services (collectively, “Disputes”) solely through binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Prezi agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Prezi are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.

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Exceptions. As limited exceptions to the “Mandatory Arbitration of Disputes” section above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.

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Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org .

Any arbitration hearings will take place in the county (or parish) where you live, unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.

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Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

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Injunctive and Declaratory Relief. Except as provided in the “Exceptions” section above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.

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Class Action Waiver. YOU AND PREZI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void.

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Severability. With the exception of any of the provisions in the “Class Action Waiver” section of these Terms, if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply.

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20. General Terms

Entire Agreement. This Agreement is the whole legal agreement between you and Prezi. It governs your use of the Service and completely replaces any prior agreements between you and Prezi with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other products or services from Prezi.

Severability of Terms; Non-waiver of Terms. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If Prezi does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights.

Miscellaneous. Both parties are independent contractors and nothing in this Agreement creates a partnership, agency, fiduciary or employment relationship between the parties. No person or entity not a party to the Agreement will be a third party beneficiary. Our authorized distributors do not have the right to modify these Terms of Service or to make commitments binding on us.

21. Additional Terms

High-Risk Use . Except as otherwise set forth in a Prezi Service Description, you understand that the Prezi Services are not designed or intended for use during high-risk activities.

Recording. Certain Services may provide functionality that allows you to record audio and data shared during presentations, webinars or sessions. You are solely responsible for complying with all applicable laws in the relevant jurisdictions while using any recording functionality.

Assignment. You may not assign your rights or delegate your duties under these Terms of Service either in whole or in part without Prezi’s prior written consent. Any attempted assignment by you without Prezi’s consent will be void. Prezi may assign these Terms of Service or delegate its duties hereunder without restriction and without the requirement of prior notice to you.

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22. How to contact us

You may contact us by visiting: https://prezi.com/contact/ .

Prezi’s mailing address is:
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Prezi Inc.
2041 East Street, PMB610, Concord, CA 94520 USA

Table of Contents

Business Terms and Conditions

1. Use of presentation and / or video services

2. Customer content

3. Trial

4. Technical support

5. Availability

6. Professional services

7. Marketing

8. Confidentiality

9. Information security

10. Fees, payment and taxes

11. Term and termination

12. Representations, warranties and remedies; disclaimers

13. Indemnification and insurance

14. Limitation of liability

15. Dispute resolution

16. General

Table of Contents

1. Introduction

2. Description of Service

3. Trials

4. Conditions and Restrictions of Use, User Conduct

5. Age Restrictions on Use of the Service

6. Account Types

7. Beta Services

8. User Content & Options

8.1 General

8.2 Licenses you grant to Prezi for use of Public User Content and Private User Content.

8.3 Expiration and revocability of licenses

8.4 Third-party and linked/embedded content

8.5 Professional Services

9. Payment Terms

9.1 Payment for subscription

9.2 Fraud protections

9.3 Cancelation of subscription

9.4 Termination

9.5 Other payment provisions

9.5.1 Argentina

9.5.2 Brazilia

9.5.3 Colombia

9.5.4 Chile

9.5.5 Mexico

9.5.6 Peru

10. Abuses

11. Prezi’s Intellectual Property

12. Termination; Breach of this Agreement

13. Disclaimer of Warranties

14. Limitation of Liability

15. Exclusions and Limitations

16. Please Review User Content for Appropriateness Before Use

17. Indemnification

18. Governing Law and Forum Choice

20. General Terms

21. Additional Terms

22. How to contact us