Prescenca

Terms of Service

Effective Date: 26 September 2026

These Terms of Service ("Terms") govern your access to and use of Prescenca, including the Prescenca website, application, software, and related services (collectively, the "Service").

By creating an account, subscribing to Prescenca, accessing the Service, or otherwise using the Service, you agree to be bound by these Terms.

If you are using Prescenca on behalf of a practice, clinic, organisation, or other entity, you confirm that you have authority to accept these Terms on its behalf.

1. ABOUT PRESCENCA

Prescenca is a practice management platform designed to help therapists, psychologists, counsellors, and other mental health professionals manage their practices.

Depending on your subscription and the features available to you, Prescenca may provide tools for:

  • Client records
  • Clinical notes
  • Forms and documentation
  • Appointments and scheduling
  • Invoices and payments
  • Client communications
  • Practice administration
  • Other practice management functions

Prescenca provides technology and administrative tools. Prescenca does not provide therapy, counselling, psychological assessment, diagnosis, medical advice, or other clinical services.

You remain solely responsible for the professional services you provide to your clients.

2. DEFINITIONS

For these Terms:

"Prescenca," "we," "us," or "our" means the company operating the Prescenca Service.

"You" or "your" means the individual practitioner or organisation using Prescenca.

"Practitioner" means a therapist, psychologist, counsellor, or other professional using Prescenca.

"Client" means an individual whose information is entered into Prescenca by or on behalf of a Practitioner.

"Client Data" means personal information, clinical information, records, notes, forms, payment information, and other information relating to a Client that you submit to or store through the Service.

"Account Data" means information relating to your Prescenca account, including your name, email address, contact information, subscription information, and account activity.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

You must provide accurate and complete information when creating your Prescenca account.

You are responsible for:

  • Maintaining the accuracy of your account information
  • Keeping your login credentials confidential
  • Maintaining the security of devices used to access your account
  • Restricting access to your account to authorised users
  • Notifying us promptly if you believe your account has been accessed without authorisation

You are responsible for all activity carried out through your account unless the activity resulted from a security incident that was not caused by your failure to take reasonable security precautions.

Prescenca may require additional information to verify your identity, professional status, or eligibility to use particular features.

4. PROFESSIONAL RESPONSIBILITIES

Prescenca is a technology platform. Your use of the Service does not replace your professional, ethical, legal, regulatory, or clinical responsibilities.

You are solely responsible for:

  • The professional services you provide
  • Your clinical decisions and professional judgment
  • Obtaining any required client consent
  • Providing clients with appropriate privacy notices
  • Ensuring that your collection and use of Client Data is lawful
  • Maintaining appropriate professional records
  • Ensuring that information entered into Prescenca is accurate and appropriate
  • Complying with applicable professional standards and regulations
  • Determining appropriate retention periods for your records
  • Responding to Client requests relating to their personal data where you are the data controller

Prescenca does not determine how you provide therapy or other professional services to your Clients.

5. CLIENT DATA AND DATA PROTECTION

Where you use Prescenca to store or process Client Data on your behalf, you generally act as the Data Controller and Prescenca acts as the Data Processor.

Our processing of Client Data is governed by the Prescenca Data Processing Agreement ("DPA"), which forms part of your agreement with us.

The DPA sets out the parties' responsibilities relating to Client Data, including confidentiality, security, data-subject requests, sub-processors, data breaches, international transfers, retention, deletion, and other data protection obligations.

Prescenca may separately act as a Data Controller for information it processes for its own legitimate business purposes, such as account management, billing, service administration, security, support, and legal compliance.

Our processing of personal data is also described in our Privacy Policy.

The Kenyan data protection framework recognises distinct roles for data controllers and processors and provides rights and obligations applicable to each role.

6. CLINICAL INFORMATION

Prescenca may allow you to store sensitive information, including health and mental health information, clinical notes, assessments, treatment information, and other information relating to your Clients.

You are responsible for determining:

  • What information should be collected
  • The lawful basis for collecting and processing it
  • Whether appropriate consent or another lawful basis is required
  • Who should have access to it
  • How long it should be retained
  • When it should be deleted or archived

You must not use Prescenca to collect or store information that you are not legally or professionally permitted to collect or retain.

7. YOUR USE OF THE SERVICE

You agree to use Prescenca only for lawful and legitimate professional or business purposes.

You must not:

  • Use the Service for unlawful purposes
  • Attempt to gain unauthorised access to another account
  • Circumvent security measures
  • Interfere with the operation of the Service
  • Introduce malware, viruses, or other harmful code
  • Attempt to reverse engineer or decompile the Service except where permitted by applicable law
  • Copy, reproduce, modify, or create derivative works of the Service without our permission
  • Resell or commercially exploit the Service unless expressly authorised
  • Use automated methods to access the Service in a way that places unreasonable demands on our systems
  • Upload information that you do not have the right to use
  • Use the Service to violate the rights of another person

We may suspend or restrict access where we reasonably believe your use of the Service creates a security, legal, or operational risk.

8. PRACTITIONER ACCOUNTS AND TEAM ACCESS

If your subscription allows multiple users, you are responsible for ensuring that each person accessing your account is authorised to do so.

You are responsible for assigning appropriate access permissions to team members and for removing access when a person no longer requires it.

You must not share individual login credentials between users where the Service provides individual accounts.

You remain responsible for the actions of users you authorise to access your organisation's Prescenca account.

9. PAYMENTS AND SUBSCRIPTIONS

Certain Prescenca features may require a paid subscription.

Where applicable, pricing, billing frequency, taxes, payment methods, and other subscription terms will be presented to you before purchase.

Unless otherwise stated:

  • Subscription fees are payable in advance.
  • You authorise Prescenca or its payment provider to charge the applicable fees using your selected payment method.
  • You are responsible for providing accurate billing information.
  • Subscription fees may change, subject to reasonable notice where required.
  • Failure to make payment may result in suspension or restriction of access.

Where Prescenca provides tools for practitioners to record or manage Client payments, invoices, receipts, or payment statements, you remain responsible for the underlying client transaction and for complying with applicable financial, tax, professional, and data protection requirements.

Prescenca does not request or store your M-PESA PIN.

Where payment processing is handled by a third-party payment provider, that provider's terms and privacy practices may also apply.

10. FREE TRIALS AND PROMOTIONAL ACCESS

Prescenca may occasionally offer free trials, promotional periods, discounted subscriptions, or other introductory offers.

Unless otherwise stated:

  • A free trial or promotional offer is available only for the period specified by Prescenca.
  • We may change or discontinue a promotional offer at any time.
  • You may be required to provide payment information before or during a trial.
  • If a trial converts to a paid subscription, the applicable subscription fee will become payable according to the terms presented when you sign up.

Any additional terms provided with a promotion will apply to that promotion.

11. AVAILABILITY OF THE SERVICE

We will make reasonable efforts to keep Prescenca available and operational.

However, the Service may occasionally be unavailable because of:

  • Scheduled maintenance
  • Emergency maintenance
  • Technical problems
  • Internet or telecommunications failures
  • Third-party service interruptions
  • Security incidents
  • Events outside our reasonable control

We do not guarantee that the Service will always be uninterrupted, error-free, or available at all times.

Where reasonably possible, we will provide notice of planned maintenance that materially affects access to the Service.

12. THIRD-PARTY SERVICES

Prescenca may integrate with or rely on third-party services, including payment providers, hosting providers, communication services, analytics providers, authentication services, or other technology providers.

Your use of third-party services may be subject to their own terms and privacy policies.

Prescenca is not responsible for services that are independently operated by third parties.

Where a third party processes Client Data on behalf of Prescenca, applicable data protection requirements and contractual safeguards will apply as described in the DPA.

13. DATA SECURITY

We implement reasonable technical and organisational measures designed to protect information processed through Prescenca against unauthorised access, loss, misuse, alteration, or disclosure.

However, no internet-based service can guarantee absolute security.

You are also responsible for taking reasonable steps to protect your account, devices, credentials, and access to Client Data.

If you become aware of unauthorised access to your Prescenca account or a suspected security incident involving Client Data, you should notify us as soon as reasonably possible.

Our responsibilities regarding personal data breaches are further addressed in the DPA and Privacy Policy.

14. BACKUPS AND DATA RECOVERY

Prescenca may maintain backups and other recovery mechanisms to support the operation and reliability of the Service.

Backups are not a substitute for your own professional record-management obligations.

You remain responsible for maintaining any records or copies that you are legally or professionally required to retain.

We will not be responsible for loss of data resulting from your intentional deletion, incorrect use of the Service, compromised account credentials, or other circumstances within your reasonable control, except where otherwise required by law.

15. OWNERSHIP OF YOUR DATA

You retain your rights and interests in Client Data that you submit to Prescenca.

Nothing in these Terms transfers ownership of Client Data to Prescenca.

You grant Prescenca the limited rights necessary to host, store, transmit, process, and otherwise handle Client Data solely to provide and improve the Service, comply with your instructions, maintain security, and meet our legal obligations, as further described in the DPA and Privacy Policy.

16. PRESCENCA INTELLECTUAL PROPERTY

Prescenca and its licensors own all rights, title, and interest in:

  • The Prescenca software
  • The website
  • The platform design and interface
  • Prescenca branding and trademarks
  • Documentation
  • Software code
  • Features and functionality
  • Non-user-generated content made available through the Service

Your subscription gives you a limited, non-exclusive, non-transferable right to access and use the Service during your subscription period.

You may not copy or commercially exploit Prescenca's intellectual property without our prior written permission.

17. FEEDBACK

If you provide suggestions, ideas, recommendations, or feedback about Prescenca, you agree that we may use that feedback to improve the Service without owing you compensation, provided that we do not disclose your confidential information or identifiable Client Data in doing so.

18. AGGREGATED AND DE-IDENTIFIED INFORMATION

Prescenca may use information that has been aggregated or de-identified so that it does not identify an individual Client for legitimate purposes such as:

  • Understanding platform usage
  • Improving features
  • Monitoring system performance
  • Research and analytics
  • Developing new services
  • Understanding general practice-management trends

Prescenca will not use identifiable Client clinical information for targeted advertising.

Any use of Client Data remains subject to the DPA and applicable data protection law.

19. SUSPENSION AND TERMINATION

You may stop using Prescenca at any time.

We may suspend or terminate your access where:

  • You materially breach these Terms
  • You fail to pay applicable fees
  • Your use creates a security or legal risk
  • We are required to do so by law
  • Your account is involved in fraudulent or abusive activity
  • Continued provision of the Service becomes impracticable

Where reasonably possible, we will provide notice and an opportunity to address a breach before terminating your account, unless immediate suspension is reasonably necessary.

Termination does not affect rights or obligations that arose before termination.

20. EXPORT AND DELETION OF DATA

Subject to applicable law and the DPA, you may request access to or export of your Client Data while your account is active.

Following termination, Prescenca will handle Client Data in accordance with the applicable DPA, including applicable requirements concerning return, export, retention, and deletion.

Certain information may need to be retained where required by law, for legitimate legal purposes, or as part of secure backups for a limited period.

21. DISCLAIMER

Prescenca is provided as a technology and practice-management service.

To the extent permitted by law, we do not guarantee that:

  • The Service will meet every professional or business requirement
  • The Service will be continuously available
  • The Service will be completely free from errors
  • Information entered by users will be accurate
  • The Service will replace your professional judgment or obligations

Prescenca does not provide clinical advice, diagnosis, treatment, counselling, or psychological services.

You are solely responsible for the clinical and professional decisions you make.

22. LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, Prescenca will not be liable for indirect, incidental, special, consequential, or punitive losses arising from your use of the Service.

This may include loss of profits, revenue, business opportunities, goodwill, or anticipated savings.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under applicable law.

Any additional limitations of liability applicable to your subscription may be stated in your order, subscription agreement, or other written agreement with Prescenca.

23. INDEMNITY

To the extent permitted by applicable law, you agree to indemnify and hold Prescenca harmless from claims, losses, liabilities, damages, costs, and expenses arising from:

  • Your unlawful use of the Service
  • Your breach of these Terms
  • Your violation of another person's rights
  • Your professional or clinical services
  • Your failure to obtain required permissions or consents
  • Your unlawful processing of Client Data
  • Content or information that you upload to the Service

This section does not apply to losses caused by Prescenca's own breach of its legal obligations.

24. CHANGES TO THE SERVICE

We may modify, update, add, or remove features from Prescenca as the Service develops.

We may also discontinue features where reasonably necessary for security, legal, technical, or business reasons.

Where a change materially affects your use of the Service, we will provide reasonable notice where practicable.

25. CHANGES TO THESE TERMS

We may update these Terms from time to time.

When we make material changes, we will provide reasonable notice through the Service, by email, or by another appropriate method.

The updated Terms will apply from the effective date stated in the revised Terms.

Your continued use of Prescenca after the effective date of the revised Terms constitutes acceptance of the updated Terms, to the extent permitted by applicable law.

26. CONFIDENTIALITY

Each party agrees to protect confidential information received from the other party and use it only for purposes connected with the relationship.

Prescenca's confidentiality obligations relating specifically to Client Data are further governed by the DPA.

27. GOVERNING LAW

These Terms are governed by the laws of the Republic of Kenya.

Subject to any mandatory rights or remedies available under applicable law, disputes arising from these Terms will be subject to the jurisdiction of the courts of Kenya.

28. SEVERABILITY

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable.

The remaining provisions will continue in effect.

29. NO WAIVER

If we do not immediately enforce a provision of these Terms, that does not mean we have waived our right to enforce it later.

30. ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, applicable Data Processing Agreement, subscription or order terms, and any other agreements expressly incorporated into them, form the agreement between you and Prescenca regarding your use of the Service.

If there is a conflict between these documents:

  1. A separately signed agreement between you and Prescenca will take priority for the matters it specifically addresses.
  2. The Data Processing Agreement will take priority regarding the processing of Client Data.
  3. These Terms will apply to your general use of the Service.
  4. The Privacy Policy will apply to Prescenca's processing of personal data described in that policy.

31. CONTACT US

If you have questions about these Terms, your Prescenca account, or the Service, please contact:

PrescencaEmail: compliance@prescenca.comWebsite: https://prescenca.com

ACCEPTANCE

By creating an account, subscribing to Prescenca, or using the Service, you confirm that you have read, understood, and agreed to these Terms of Service.

For organisations, the person accepting these Terms confirms that they have authority to bind the organisation to these Terms.

Terms Version: 1.0Effective Date: 26 September 2026