Terms & Conditions

Last updated 12 July 2024


Terms and Conditions


1.1 These terms and conditions (Terms) set out the terms on which you can purchase our AI paraplanner

and meeting notetaker. (Software) through our website (Website). You must accept these Terms for

us to provide the Software to you.

1.2 Please read these Terms carefully. These Terms tell you who we are and other important

information. They describe how we sell our Software, set out your rights and responsibilities and tell

you what to do if there is a problem. These Terms also limit our liability.

1.3 By purchasing our Software, you are agreeing to these Terms. If you do not agree to these

Terms, you must not purchase our Software.

1.4 Please note that we reserve the right to update, change or replace any part of these Terms at our

sole discretion. However, the terms which apply to your order will be those in force at the time you

submitted your order to us.

1.5 We will collect some personal data about you in order to process your order (e.g. your name,

email address, payment details and delivery information). For information regarding how we process

personal data, please see our privacy policy at https://posterity.finance/privacy.

1.6 These terms cover the terms and conditions if you purchase Software via the Website.

2 WHO ARE WE?

2.1 We are POSTERITY FINANCE LTD, registered in England and Wales with company number

14743318 whose registered address is 19 Thornhope Close, Washington, NE38 8DU (we/us/our).

2.2 We are a software provider and in the business of selling AI paraplanner and meeting

notetaker.

2.3 If you have any questions about these Terms, please contact us using the details below:

Email: hello@posterity.finance

3 PLACING AN ORDER

3.1 To purchase our Software, you need to place an order on our Website.

3.2 Please check your order carefully before confirming it. You are responsible for ensuring that your

order is complete and accurate.

3.3 The order will only be accepted when we send you a written acceptance of the order by email, at

which point a contract between you and us will be created that is subject to these Terms. When your

order has been accepted, you will be able to access the Software.

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3.4 We reserve the right to accept or reject any order at our discretion. If we are unable to accept your

order, we will notify you as soon as possible.

3.5 If you would like to make any changes to your order after you have submitted it, please contact us

as soon as possible and we will let you know if it is possible to change your order.

4 DESCRIPTION OF OUR SOFTWARE

4.1 The description of the Software is as set out on our Website.

4.2 We provide the Software on an “as is” basis only, and do not warrant that:

4.2.1 your use of the Software will be uninterrupted or error-free;

4.2.2 the Software will meet the your specific requirements;

4.2.3 the Software will be free from vulnerabilities or viruses; or

4.2.4 the Software will comply with any of your cybersecurity requirements.

4.3 Where your device is required to meet technical requirements to run or display Software

purchased on our Website, we will make this clear on our Website.

4.4 We are not responsible for Software which fails to meet its description where your device does not

meet the technical requirements as set out on our Website.

4.5 When providing our Software to you, we will:

4.5.1 provide our Software to you in accordance with these Terms; and

4.5.2 comply with all applicable laws.

5 DELIVERY OF SOFTWARE

5.1 The Software you purchased can be downloaded or accessed via https://app.posterity.finance.

5.2 If you download Software onto someone else’s device, please make sure you obtain the owner’s

permission before downloading Software onto their device.

5.3 If you are having any trouble downloading or accessing the Software, please email us at

hello@posterity.finance.

6 LICENCE

6.1 Where you use the Software in accordance with these Terms:

6.1.1 we grant you a non-exclusive, non-transferable licence to use the Software and, where you are a

business customer, for use within your business and to access the Software provided for internal

business purposes only; and

6.1.2 you shall be limited to the number of users paid for in accordance with our charges. We will

confirm the number of users to you.

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6.2 So as long as you do not violate any restrictions set out in these Terms, you may make a limited

number of copies of the Software for the purpose of providing a backup in accordance with your own

internal operating procedures.

7 LICENCE RESTRICTIONS

7.1 You must not:

7.1.1 sell, distribute, reproduce, transfer, publicly display, translate, modify, adapt, create derivative

works from, deconstruct, reverse engineer, decompile or disassemble, rent, lease, loan, sub-license or

otherwise deal in copies or reproductions of the Software to other parties in any way except as

permitted by these Terms;

7.1.2 remove, delete, obscure, disable, modify, add to, tamper with, or circumvent any program code

or data, copyright, trademark, or other proprietary notices, labels or copy protection content contained

on or within the Software;

7.1.3 exploit the Software (or part of), content contained in it, any of our related literature, for any

commercial purpose;

7.1.4 export or re-export the Software or any copy or adaptation in violation of any applicable laws or

regulations;

7.1.5 create data or executable programs which mimic data or functionality in the Software;

7.1.6 use the Software for any illegal or immoral purposes;

7.1.7 use the Software to make any other software or programme which is substantially similar to the

Software.

7.2 You agree not to perform any security testing on the Software unless agreed with us in writing.

7.3 You do not have permission and are not permitted to access the Software in source code form.

8 OUR INTELLECTUAL PROPERTY RIGHTS

8.1 You agree that we and our licensors own all Intellectual Property Rights in the Software. These

Terms do not grant you any rights to any Intellectual Property Rights in the Software except as

expressly set out in these Terms.

8.2 To the extent that you acquire any Intellectual Property Rights in the Software you will, on our

written demand, assign or procure the assignment of such Intellectual Property Rights with full title

guarantee (including by way of present assignment of future Intellectual Property Rights) to us. You

shall execute all such documents and do such things as we may consider necessary to give effect to

this clause 8.2 at your own cost.

8.3 You must not use our trade marks or our trade names on your website or in any marketing

materials without our express written consent.

8.4 For the purpose of this clause 8, Intellectual Property Rights means copyright, patents, rights in

confidential information, know-how, trade secrets, trademarks, trade names, design rights, get-up,

database rights, chip topography rights, mask works, utility models, domain names, rights in computer

software and all similar rights of whatever nature and, in each case:

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(a) whether registered or not;

(b) including any applications to protect or register such rights;

(c) including all renewals and extensions of such rights or applications;

(d) whether vested, contingent or future; and wherever existing.

9 PRICE AND PAYMENT

9.1 The price for our Software will be shown on the Website and as set out in your order (Price). The

Price is inclusive of VAT.

9.2 Prices for our Software may change at any time. This will not affect existing orders unless:

9.2.1 the information you provided us in relation to your order was materially different from the

information we required in order to provide the Software; or

9.2.2 there has been an error on the Website regarding the pricing of any of our Software and this

affects your order, we will try to contact you using the contact details you provided when you placed

your order. If this happens, we will give you the option to re-confirm your order at the correct price or

to cancel your order.

9.3 We will charge the Price to the credit or debit card that you have provided at the time we accept

the order. All amounts due must be paid in full in advance.

9.4 All credit card and debit card payments need to be authorised by the relevant card issuer.

9.5 If we agree to provide you with an invoice for payment, we will invoice you Monthly in advance,

or annually..

9.6 Your invoice will be sent to the email address you provided when you placed your order and must

be paid by you within 30 days of receipt.

9.7 If your payment is not received by us when due, we may charge interest on any balance

outstanding at the rate of 4% per year above the Bank of England’s base rate (or where the Bank of

England’s base rate is less than 0%, interest shall be charged at 4% per year).

9.8 We use a third-party payment provider (Stripe) to process payments on our Website.

10 IF THE SOFTWARE IS FAULTY

10.1 Where the Software or deliverables do not meet the descriptions on our Website:

10.2 You must notify us in writing within 14 days of receipt of the Software and any deliverables

setting out the nature and extent of the faults or defects. We shall, at our option, remedy the fault with

the Software or refund (in whole or in part) the Price for the Software.

11 YOUR OBLIGATIONS AND RESTRICTIONS

11.1 You agree that:

11.1.1 you will provide complete and accurate information when placing an order;

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11.1.2 you are responsible for making sure that the information you provide us in order to enable us to

provide the Software is correct;

11.1.3 you will comply with these Terms, and any other documents referred to in it, when using our

Website and placing an order for Software; and

11.1.4 in reading and accepting these Terms, you are aware of and understand your rights and

responsibilities, and if you are not sure, you have contacted us on our Contact Page for help or more

information.

12 TERM AND TERMINATION

12.1 A contract shall start when we have provided you with written acceptance of your order and

shall:

12.1.1 continue for an initial period of 1 month (Initial Subscription Period), following which it

shall continue for subsequent periods of 1 month (each a Renewal Period) unless terminated by either

party providing 1 month written notice to the other party, such notice to expire no earlier than the end

of the Initial Subscription Period or relevant Renewal Period;

12.1.2 you cancel the contract exercising your rights under clause (your rights as a consumer);

12.1.3 the contract is terminated in accordance with clause 10 (if the software is faulty);

12.1.4 we exercise our right to end the contract under clause 13 (our right to end the contract).

13 OUR RIGHT TO END THE CONTRACT

13.1 We may terminate any and all contracts we have with you at any time by contacting you in

writing if:

13.1.1 you commit a serious breach of these Terms;

13.1.2 you do or take part in anything illegal when using our Website or purchasing our Software; or

13.1.3 you fail to pay any amount due under a contract on the due date.

13.2 You can cancel your order under clause (your rights as a consumer) or clause 10 (if the software

is faulty).

13.3 Our right to terminate does not affect any of your rights.

14 OUR LIABILITY TO YOU

14.1 We are not liable to you for any losses you incur where the delivery of the Software is delayed or

cannot be delivered because you fail to make information available to us or fail to provide us with

adequate instructions or information to allow us to deliver the Software.

14.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not

caused by our breach or negligence, or any business loss or damage. If we are affected by an

unforeseeable event, we will promptly write to you to let you know if this means we are unable to

fulfil the contract.

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14.3 We exclude all warranties, representations, conditions and all other terms of any kind whatsoever

implied by statute or common law, to the fullest extent permitted by applicable law.

14.4 Nothing in these Terms excludes or limits our liability for any death or personal injury caused by

our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law

does not allow us to exclude or limit.

The following clauses in this clause 14 only apply if you are a business customer.

14.5 Subject to the below, our liability under or in connection with these Terms (regardless of whether

such liability arises in tort, contract or in any other way and whether or not caused by negligence or

misrepresentation) will not exceed the Price for the Software paid by you.

14.6 We will not be liable to you under or in connection with these Terms (regardless of whether such

liability arises in tort, contract or in any other way and whether or not caused by negligence or

misrepresentation) for:

14.6.1 consequential, indirect or special losses; or

14.6.2 any of the following (whether direct or indirect):

14.6.3 loss of profit;

14.6.4 loss or corruption of data;

14.6.5 loss or corruption of Software or systems;

14.6.6 loss or damage to equipment;

14.6.7 loss of use;

14.6.8 loss of opportunity;

14.6.9 loss of savings, discount or rebate (whether actual or anticipated); or

14.6.10 harm to reputation or loss of goodwill.

14.7 Where we have failed to provide you with the Software or some or all of the materials described

on the Website as part of the Software purchased, we shall only be liable up to the limit of the Price

paid for the Software.

15 GENERAL

15.1 You are not allowed to transfer your rights or obligations under these Terms to anyone without

our prior written consent. We may transfer our rights and obligations under these Terms to another

business without your consent, but we will notify you of the transfer and make sure that your rights

are not adversely affected as a result.

15.2 If any provision of these Terms (or part of any provision) is or becomes illegal, invalid or

unenforceable, the legality, validity and enforceability of any other provision of these Terms will not

be affected.

15.3 If you breach these Terms and we take no action, we will still be entitled to use our rights and

remedies in any other situation where you breach these Terms.

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