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.
Page 1 (7)
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.
Page 2 (7)
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:
Page 3 (7)
(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;
Page 4 (7)
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.
Page 5 (7)
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.
Page 6 (7)