Terms of Service
Last updated: March, 2025
These Terms of Service, which we'll refer to simply as the "Terms", set out the rules by which you may use our Services. The Terms explain how our Services (defined below) work and provide you with a list of the "dos and don'ts" when using them. These Terms are more than just rules though – they form a legally binding contract between us and you that you accept when clicking on the box marked "I agree". Please read through this document carefully and make sure these Terms are acceptable to you. If you don't agree to any of these Terms, do not click "I agree" and do not continue using the Services. If you have any questions, please don't hesitate to contact us at admin@forposterity.ai.
Table of Contents
1. The Basics
2. Our Services
3. User Accounts
4. Fees and Payment
5. Use Restrictions
6. Representations
7. Privacy
8. Intellectual Property
9. Content and User Content
10. Copyright – DMCA
11. Indemnification
12. Disclaimers
13. Limitation of Liability
14. Term and Account Termination
15. Publicity
16. Force Majeure
17. Notices
18. General
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1. The Basics
1.1. Key Terms
1.1.1. We are For Posterity Ltd. and we'll refer to ourselves as "For Posterity", "us", "our", or "we". Our offices are located at 151 Wardour Street, London, W1F 8WE (c/o Two Matts LLP) and our registration number is 15629158.
1.1.2. When we use the term "you", we mean anyone using our Services. If you are registering for the Services on behalf of a company or organization which is a customer of ours, the term "you" is also meant to refer to that organization or company, where it makes sense from the context. When we mean to refer only to your organization or company, we'll use the term "Customer."
1.1.3. If the Customer with which you are associated has signed a separate agreement with us to use our Services, we'll refer to that agreement as the "Customer Agreement". If there is a conflict between these Terms and the Customer Agreement, the terms of the Customer Agreement will override these Terms.
1.1.4. When we refer to our "Platform," we mean our online platform where you can preserve your legacy or that of a loved one by writing the subject's story and making it available in a variety of digital and/or print formats. When we refer to our "Services", we mean any services available on the Platform including, without limitation, uploading relevant files, recording interviews, drafting and editing Projects (defined below), and publishing finished works in a format of your choice.
1.1.5. The "FP App" is our mobile-first, web-based application designed for simplified, immediate creation of personalized stories using AI-generated narrative based on user-provided inputs such as voice recordings, document uploads, or scanned documents. The FP App allows email-only 'Light Registration,' with optional product purchases, and serves as an entry point for users to later transition seamlessly to FP Studio for more comprehensive story editing and customization.
1.2. Privacy. When you use our Services, we collect Personal Data (as defined in our Privacy Notice) about you. Personal Data contained in User Content (defined below) is processed in accordance with our data processing agreement, available at https://www.forposterity.ai/data-processing-agreement ("DPA"). All other Personal Data we collect is processed in accordance with our Privacy Notice, available at https://www.forposterity.ai/privacy-policy, which details the types of Personal Data we collect, what we do with it, the security measures we use to keep it safe, and the rights you have regarding your Personal Data.
1.3. Changes to these Terms. We may update these Terms from time to time and will post the updated version on this page with the date it was published. Please check this page occasionally to make sure you're aware of the Terms that apply to you. We will notify you if we make any material changes before the updated Terms take effect. If you continue to use our Services after we update the Terms, that means that you agree to and accept the updated version.
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2. Our Services. Subject to these Terms and the Customer Agreement, For Posterity allows you to use the Services on a non-exclusive basis for personal use.
2.1. Projects. The Platform allows you to preserve your personal legacy or that of another individual by enabling you to upload files, such as text, photos, video, and audio recordings, and generate a story or full-length book about the subject's life, using AI technology (we'll refer to each story you create as a "Project"). The Services are provided by utilizing an AI system which uses the materials you upload to the Services such as prompts, text, photos, video, and audio recordings ("Input") and generates the Project, revisions thereto, as well as insights and notes ("Output"). Once complete, you may order your Project in a lasting format such as an eBook, printed book, audiobook, podcast, or video short. You can also invite others to help you with your Project and you can even give each of them their own credentials to access the Platform. There are specific types of accounts that you can set up for these additional users, each with varying permissions, all as further described below in the User Accounts section.
2.2. Interviews. The Platform also allows you to set up and record interviews with subjects. Our AI technology records, transcribes, and summarizes your interviews, analyzes the content, and incorporates relevant material into your Project.
2.3. Tokens. When you register your account and following the launch of our token system, you'll receive a certain amount of tokens ("Tokens"), depending on the plan you choose. Each query costs a certain amount of Tokens. Tokens are allocated to a specific Project and cannot be transferred between Projects. You can purchase more Tokens with your credit card. The fees for each token are specified on the Platform. Tokens are not a currency and are non-convertible to any currency. Payments made for tokens are non-refundable.
2.4. Storage. You can store the files that you upload on the Platform. The Platform's storage space is limited, but you can add space to your account for an extra fee. Alternatively, you can store all the files that you upload to the Platform using your Google Drive or Dropbox account, which you can link to your account on the Platform. By linking a third-party account, you represent that you have all the necessary rights, permissions, and approvals to link that account to the Platform and use it to store any User Content that you upload. Use of any third-party website and/or service may be subject to terms and conditions governing the use of that service. Please review any applicable terms and conditions and privacy notices and ensure that you comply before using such services.
2.5. AI Assistants. To guide you in your storytelling process, we offer two types of AI-generated assistants, one that can ask you questions about your story and another to provide you with feedback regarding the text you have drafted (which we'll refer to here as the "AI Assistants"). Each AI Assistant is represented by a virtual avatar and can be adjusted according to your preferences. For the avoidance of doubt, the AI Assistants are created using artificial intelligence and are not real people. Any resemblance or similarity to existing individuals is purely coincidental. While we strive to ensure that these features function properly, due to the nature of artificial intelligence technology, we cannot guarantee the accuracy of the responses, which may vary based on various factors, and we expressly disclaim all warranties regarding any responses provided by the AI Assistants. Use of the AI Assistants is at your own risk. We are not liable for any damage resulting from your reliance on responses provided by the AI Assistants.
2.6. Legacy. Legacy is a premium feature that you can add to your account at an additional cost. Using Legacy, you can create virtual time capsules that will share letters and stories with friends and family at a future date. When creating a time capsule, you will specify the intended recipients and enter their contact details. Next, you will specify the Project(s) that you would like to include, draft a cover letter that introduces and explains your time capsule, and select the delivery date. You can pause and/or delete a time capsule at any time. Once the delivery date arrives, the Platform will send your cover letter and stories to the recipients via email and SMS, as well as physical copies mailed to the given address.
2.7. Referral Program
2.7.1. We encourage you to recommend us to your friends and family! Our Referral Program is open to all of our paying users (which we'll refer to here as "Eligible Users"). Every Eligible User has a unique link in the account on the Platform. You may send the link to as many people as you like, inviting each of them to register for the Services and create an account (we'll refer to people who sign up through your link as "Referrals"). When a Referral completes their first project and sends it to production, you will get an automatic credit of £10 to your referral account. When you earn a credit of £100, we will email you a £100 Amazon gift card subject to expiration per the terms stated therein. We process gift cards once a month for gift cards earned two months previously. For example, if you earn a gift card in January, your gift card will be processed in March. Credits are not redeemable for cash. Eligible Users may not refer themselves or use duplicate accounts and For Posterity reserves the right to suspend or terminate any account suspected of fraudulent activity. If we change any terms to the Referral Program, we will send you a prior notification of 2 weeks to your registered email.
2.7.2. If you publicly endorse our Services, including by posting videos to social media, you represent that such endorsements shall comply with: (i) all applicable laws and regulations, including (without limitation) the Federal Trade Commission's Guides Concerning the Use of Testimonials and Endorsements in Advertising; and (ii) the rules governing the platform on which any endorsement is shared. Any statements you make should be truthful and should reflect your honest opinion and actual experiences.
2.8. FP Pro. We offer special plans for professional ghostwriters who may use our Services in the course of their professional work. Owners of Pro accounts may use the Services solely for commercial purposes.
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3. User Accounts
3.1. Creating an Account. In order to use the Services, you will need to create an account. You can also register by logging in through your Facebook, Google, or other third-party account. You may only do so if the third-party account is yours and you have the right to use that account with our Services. The individual who opens the account will be considered an "Owner" and will have full access to all of the account's features and settings. Accounts can only have one Owner and only an account's Owner may make purchases, change plans, and edit billing information. As between any users connected to any account and us, the Owner is the sole owner of any and all intellectual property created under the applicable account. Subject to applicable law, For Posterity may refuse to open an account for any individual or entity at its sole discretion and/or limit the number of Seats (defined below) the Owner may register.
When using the FP App first, registration requires only your email address ("Light Registration"). No password is required initially. By providing your email, you consent to receiving communications related to your use of the FP App, including notifications about story completion, product options, promotional offers, and instructions for subsequent registration steps to transition to FP Studio, where full account setup, including password creation, will be required. The FP App is designed as a simplified initial experience to quickly generate a personalized story. Upon completion of your initial story in the FP App, you will have the opportunity to transition to FP Studio for deeper customization and editing. At this point, you will be required to create a password, finalize your registration, and accept the full Terms of Service applicable to FP Studio.
3.2. Additional Seats. If an Owner wishes to use the Services together with other individuals, the Owner may create sub-accounts for them at an additional cost (unless discounted in full). We'll refer to each sub-account as a "Seat". Each additional user will be required to complete the registration process and accept these Terms. There are several different types of Seats each with different levels of permissions.
3.3. Guests. If you are an Owner or an "Admin" (a type of Seat), you can invite individuals to review and comment on your current Project ("Guests"). Guests are not given a user account and have no access to the Platform, although they do constitute one Seat. When you provide a Guest's email, the Platform sends the Guest an email with a link to an external page, where the Guest may add their comments regarding the applicable Project.
3.4. Unauthorized Use. You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for all activity on your account, even if that activity was not actually performed by you. To the fullest extent permitted by applicable law, For Posterity will not be responsible for any losses or damage arising from unauthorized use of your account. While we reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services, we cannot guarantee that we will learn of or prevent any inappropriate use of the Services.
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4. Fees and Payment
4.1. Fees. Fees are payable as specified on the Platform in accordance with the plan for which you have or the Customer has, as applicable, registered as well as the fees for any add-on features. Recurring payments shall be made on a monthly basis, in advance of the applicable month. Except as expressly provided in these Terms and subject to applicable law, fees, including prepaid fees, are non-refundable.
The FP App may provide users the option to directly purchase generated stories as eBooks and other formats at specified prices, clearly indicated within the FP App. Payments are processed according to existing terms for FP Studio, and all sales are final and non-refundable, except as expressly indicated otherwise by us or required by applicable law.
4.2. Taxes. Where applicable, taxes, including VAT, may also be charged. If payments are subject to tax withholding, the amount to be withheld will be added to the fees charged.
4.3. Third-Party Processors. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing the use of that service. Please review the payment processor's terms and conditions and privacy notice before using such services.
5. Use Restrictions
5.1. You may not do or attempt to do or allow a third party to do any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the code or software used to provide the Services, including framing or mirroring the Services; (2) copy, modify, or distribute the Services in any manner not permitted by these Terms; (3) circumvent or interfere with security-related features of the Services or features that restrict unauthorized use of or access to any Content (as defined below); (4) use any robot, spider, site search or retrieval application, or any other process to retrieve, index, and/or data-mine the Content or otherwise circumvent the navigational structure of the Services in any other way; (5) use another's account without permission; (6) remove, alter, or conceal any copyright, trademark, service mark or other such notices incorporated in the Services; and (7) use the Services in any manner not permitted by applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws or use in countries subject to sanctions under applicable law.
5.2. You may not use our Services if doing so is unlawful. We will cooperate with any law enforcement authorities or court orders requesting that we disclose the identity, behavior, or User Content (as defined below) of anyone believed to have violated these Terms or to have engaged in illegal behavior in connection with the Services.
5.3. When using the FP App, you must not attempt unauthorized transitions or access to FP Studio features beyond the scope of the intended FP App experience. Unauthorized use or attempts to bypass required registration processes between FP App and FP Studio may result in immediate termination of your access.
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6. Representations
6.1. Our Representations. We represent that For Posterity is organized under applicable law, has the ability to enter into and perform its obligations under these Terms, and that doing so does not conflict with any of our commitments to any third party nor with any applicable legal obligation. We will use commercially reasonable efforts to provide our Services faithfully, diligently, and in accordance with the standard practices in our industry.
6.2. Your Representations. By accepting these Terms, you represent that: (a) you are at least 18 years old and have the ability to form a binding contract; (b) your use of the Services will not violate any applicable law or any obligation you have to a third party; (c) all the registration information you submit is and will remain truthful and accurate; (d) you have all necessary rights, consents, and licenses needed to provide any User Content that you provide, including any Personal Data, including, inter alia, with respect to interview participants, recipients of the time capsule (under the Legacy feature), and Guest users; (e) you have given each third party whose Personal Data you share with us any notices required under applicable law before sharing their Personal Data with us; (f) and the User Content is compliant with applicable law and does not infringe on the intellectual property, privacy, publicity, moral, or any other rights of any third party; and (g) our use of your User Content as allowed under these Terms will not cause us to infringe on the rights of any third party. You further undertake that you will use the Services in compliance with applicable law at all times, including all applicable export laws to ensure that neither the Services nor any related materials are unlawfully exported. If you are registering on behalf of the Customer, you represent that you are authorized to bind the Customer to these Terms. You also represent that the Customer is duly organized under applicable law, it has the authority to enter into these Terms, and that by doing so and using the Service, it will not be in conflict with any obligations it has to any third party or any legal requirement.
7. Privacy
7.1. If you provide us with any Personal Data about any third party you represent that: (i) you have provided all necessary notices and have, and will maintain all necessary rights and legal bases required under applicable law to provide us with the Personal Data of such individuals in order to allow us to process and share such data in order to provide the Services and for our internal business purposes, including the improvement of our Services, all as detailed in our Privacy Notice; and (ii) you will maintain a record of such legal bases, as required under applicable law.
7.2. When we process Personal Data from the User Content related to your Projects, the Owner serves as the data controller of this Personal Data, and we serve as a data processor on its behalf. In such case, the DPA will be considered a binding part of these Terms and will govern our processing of this Personal Data. Notwithstanding the foregoing, you hereby acknowledge and agree that we may de-identify and/or anonymize any User Content and process it for our own purposes, including the maintenance and improvement of our Services, the training of models, and the development of new products and services. If you are an Owner, you agree to comply with your obligations as a controller under applicable law.
7.3. With respect to FP App's Light Registration, we collect and process your email address solely for the purposes of providing you access to the FP App, sending your story outputs, promotional offers, and facilitating your eventual transition to FP Studio. Our handling of Personal Data provided in the FP App follows our Privacy Notice, which applies equally to FP Studio.
8. Intellectual Property
8.1. Our Property. We retain all worldwide intellectual property rights, title, and interest in our Platform and our Services, including their overall appearance and any text, graphics, designs, videos, interfaces, and underlying source files of the Services, any Content we provide, and our name, trademarks, and logos. In some cases we have obtained the right to use certain elements of our Services from others and in that case, those elements are owned by their respective owners. Even though we're allowing you to use our Services, that doesn't mean that we're transferring ownership or any other rights to you or that we're allowing you to use our name, any trademarks, logos, or similar property as your own.
8.2. Your Property. If you are an Owner, any Input, Output (subject to applicable law), and User Content you provide and/or generate through the Services remains yours. If you are not an Owner, any User Content you provide in connection with Projects of a specific Owner and any content generated under the account of a specific Owner, shall be the property of the relevant Owner. We are not responsible for the Owner's treatment of the User Content you provide. Please be advised that any provision of User Content to an Owner is made at your own risk. By providing User Content, you do allow us to use it in connection with the Services, including copying, modifying, and preparing derivative works of it where necessary in order to provide the Services, as well as use de-identified and/or anonymized User Content for analytics purposes and for improvement of the Services. If you provide us with any feedback regarding our Services, you agree that we may use it and share it freely.
Stories generated by using the FP App are considered your User Content and thus owned by you, consistent with the Terms applicable to FP Studio. Upon migration to FP Studio, you retain full rights to your content, subject to the rights and licenses you grant to us in accordance with these Terms.
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9. Content and User Content
9.1. Definitions. We may provide certain materials, such as images, instructions, editorial feedback, and reports through the Services and may also allow you and other users to provide certain types of material, such as images, photos, videos, text files, audio files, comments, and feedback. "User Content" means materials you provide, as well as the Projects you generate through the Services, and "Content" means any content available through the Services, including User Content that may be provided by other users. Your messages through the chat feature are also considered User Content.
9.2. User Content Restrictions. You are and shall remain at all times fully and solely responsible for any User Content that you provide. You may not provide any User Content or act in any way that:
9.2.1. violates the legal rights of others, including defaming, abuse, stalking or threatening others;
9.2.2. infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party;
9.2.3. is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or involving any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
9.2.4. does not comply with any applicable laws, rules, or regulations;
9.2.5. restricts or inhibits use of the Services;
9.2.6. posts, stores, transmits, offers, or solicits anything that contains the following, or that you know or should know contains links to the following or to locations that in turn contain links to the following:
9.2.6.1. material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such causes);
9.2.6.2. material that is racially or ethnically insensitive, defamatory, harassing or threatening;
9.2.6.3. pornography or obscene material;
9.2.6.4. any virus, worm, trojan horse, or other harmful or disruptive component; or
9.2.6.5. anything that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law or regulation, or is otherwise inappropriate or offensive.
9.3. User Interaction. When interacting with other users, whether or not such interaction occurs within the Platform, you agree to conduct yourself in a respectful and appropriate manner. This includes, but is not limited to, refraining from abusive, threatening, or harassing behavior, personal attacks, discrimination, or offensive language. Please note that if you interact with others or make User Content available to others, it may be possible for others to obtain Personal Data about you. We have no control over the use of this data by others and are not responsible for their use of this data. We reserve the right to monitor interactions between users and to intervene or take action where necessary, which may include, but is not limited to, suspending or terminating the accounts of users who do not adhere to these terms.
9.4. FP App User Content. When using the FP App, your input content (voice recordings, uploads, scans) and resulting AI-generated story constitute User Content under these Terms. Upon transition to FP Studio, your User Content will automatically migrate to your FP Studio account, allowing further edits, additions, and enhancements in accordance with FP Studio’s functionalities.
10. Copyright – DMCA. You may not post or create User Content that violates another's intellectual property rights. As the provider and/or creator of your User Content, you are responsible for ensuring, to the best of your ability, that the User Content is non-infringing. If we are notified that certain User Content violates intellectual property rights, we may remove that User Content at any time and at our sole discretion, without notifying you, in accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"). We reserve the right to take any additional measures we deem appropriate, including suspending and/or terminating your account. If you believe that something appearing on the Platform infringes your or another's intellectual property rights, please notify us at admin@forposterity.ai. If you believe that a notice has been wrongly filed against you, you may send us a counter-notice to the address above. Please note that notices and counter-notices must meet the DMCA's requirements and that there can be substantial penalties for false claims under the DMCA. We suggest consulting with your legal advisor before submitting a notice or counter-notice.
11. Indemnification. You agree to indemnify, defend, and hold harmless For Posterity, its affiliates, and its/their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys' fees, and any fines that may be incurred that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation, including breach of applicable data protection laws; and/or (d) infringement of any right of any third party.
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12. Disclaimers
12.1. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. OTHER THAN THE WARRANTIES MADE EXPLICITLY IN THESE TERMS, WE DO NOT MAKE ANY ADDITIONAL WARRANTIES (IMPLIED, STATUTORY, OR OTHERWISE) ABOUT THE PLATFORM, SERVICES OR ANY CONTENT OR OUTPUT, INCLUDING WITHOUT LIMITATION THAT ANY OF THE ABOVE WILL BE OF GOOD QUALITY, USEFUL FOR YOUR SPECIFIC NEEDS OR ANY PARTICULAR PURPOSE, ACCURATE, ERROR-FREE (OR THAT ERRORS WILL BE CORRECTED), RELIABLE, SECURE, COMPLETE, NON-INFRINGING, OR THAT THE SERVICES WILL BE PROVIDED IN A TIMELY MANNER.
FOR POSTERITY’S SERVICES INCLUDE ITS OWN AI-POWERED TOOLS AND THIRD PARTY AI TOOLS, INCLUDING GENERATIVE AI TOOLS. YOU ACKNOWLEDGE THAT, WHILE FOR POSTERITY’S AI-POWERED TOOL IS INTENDED TO PROVIDE ACCURATE OUTPUTS, FOR POSTERITY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY SUCH OUTPUT GENERATED BY ITS OWN AND/OR ANY THIRD PARTY AI TOOLS. YOU ACKNOWLEDGE AND AGREE THAT ANY OUTPUT OF ANY SUCH AI TOOLS MAY NOT BE UNIQUE AND MAY BE GENERATED FOR AND USED BY THIRD PARTIES. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE PROVIDED OUTPUT, ITS ACCURACY, RELIABILITY, FITNESS FOR ITS INTENDED PURPOSE AND COMPLIANCE WITH ALL APPLICABLE LAWS AND REGUALTIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY SUCH AI TOOLS MAY BE GENERATED FROM MODELS TRAINED ON DATASETS WHICH MAY NOT REFELECT THE MOST CURRENT OR UP TO DATE INFORMATION AND MAY BE INCONSISTENT WITH FOR POSTERITY’S AND/OR THIRD PARTY AI PROVIDERS’ VIEWS. YOUR USE OF ANY SUCH AI OUTPUT IS AT YOUR OWN RISK.
WE PROVIDE THE FP APP ON AN 'AS-IS' AND 'AS-AVAILABLE' BASIS, WITHOUT WARRANTIES REGARDING THE IMMEDIACY OR ACCURACY OF THE GENERATED STORIES, OUTPUTS, OR ANY TRANSITIONAL FUNCTIONALITIES BETWEEN FP APP AND FP STUDIO. USERS ACCEPT THAT FP APP PROVIDES INITIAL STORY CREATION INTENDED FOR SUBSEQUENT EDITING AND REFINEMENT IN FP STUDIO.
12.2. Third Parties. We cannot control the functionality of services provided by third parties and assume no responsibility for any telephone or network line failure or interruption, or traffic congestion on the internet or on the Services themselves. We cannot control the actions of bad actors and do not guarantee that we will successfully prevent unauthorized access to or alteration of the Services. Additionally, we assume no responsibility for any services provided by third parties through the Services, including without limitation the creation and provision of finished formats of the Projects, storage services, and gift cards. Any use of the services of third parties is at your own risk and subject to any terms that may apply.
12.3. Users. We cannot anticipate or control the actions or inactions of anyone else, including our clients, users, or unauthorized users. Therefore, WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF ANY AND ALL USERS (INCLUDING UNAUTHORIZED USERS), THAT ARE NOT SOLELY DUE TO OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
12.4. User Content. User Content comes from sources outside of our control, we take no responsibility for the accuracy, usefulness, safety, appropriateness, or non-infringement of any User Content; your use of any User Content is at your own risk. We do not endorse any opinions or recommendations expressed in any User Content. We have no obligation to display or maintain any User Content and may remove it without notice to you and for any reason. Any User Content that you make available will not be considered confidential and may be available to other users within the Owner's account. If you make User Content available to others, it may be possible for others to obtain Personal Data about you (such as the content you create in connection with a Project, your contact details, location, or the entity you represent). We have no control over the use of this data by others and are not responsible for the use of any Personal Data that you disclose through the Services by any third party.
12.5. Third-Party Content. Our Platform may provide you with links to third-party sites/apps/platforms/services. We make no promises regarding and are not liable for the content, goods, or services provided by such third parties, including any payments submitted through such links. We also cannot make any promises about and are not liable for another party's data protection policies. When you click on any of these links, you do so at your own risk. We urge you to exercise caution when using third-party services.
12.6. AI Tools. The AI system is built on third-party AI technology as well as our own proprietary technology. When you submit User Content and/or Input to the AI system, such User Content and/or Input will be shared with and processed by the third party providing the AI technology, in accordance with its terms and policies. Additionally, we may use this User Content in order to improve our Services. Please be advised that due to the nature of AI, we cannot predict, nor fully control the nature of any Output generated by the Services. We therefore disclaim any and all warranties regarding any Output, including that the Output will be non-infringing, accurate, and error-free.
12.7. In light of the above, you understand that using the Services entails some degree of risk. When you choose to use the Services, you do so at your sole discretion and risk. Some jurisdictions do not allow the exclusion of certain warranties and therefore some of the above exclusions may not apply to you. Check your local laws for any restrictions regarding the exclusion of implied warranties.
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13. Limitation of Liability
13.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOR POSTERITY (AND ITS AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, OR SUBCONTRACTORS) SHALL NOT BE RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FOR POSTERITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. OUR MAXIMUM AND AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ANY CAUSE OF ACTION WILL NOT EXCEED A CUMULATIVE AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM OR CAUSE OF ACTION AROSE, IF APPLICABLE.
13.3. SPECIFICALLY, REGARDING THE FP APP, OUR AGGREGATE LIABILITY REMAINS LIMITED AS DESCRIBED IN THE TERMS, APPLYING EQUALLY TO THE FP APP AND FP STUDIO. WE SHALL NOT BE LIABLE FOR ANY CLAIMS ARISING SOLELY FROM FP APP’S SIMPLIFIED REGISTRATION AND INITIAL STORY GENERATION PROCESS.
14. Term and Account Termination
14.1. Term. These Terms will take effect when you accept them and shall continue in full force and effect until either (i) they expire or are terminated in accordance with the applicable Customer Agreement; or (ii) they are terminated in one of the ways described below. The termination of any account shall be in accordance with applicable law.
14.2. How to Terminate Your Account. You may request termination of your account (and, by association, these Terms) at any time through your account settings or by sending an email to admin@forposterity.ai. We will process your request promptly after receiving your notice and notify you once termination is complete.
14.3. Termination by Users. Owners and Admins may terminate individual user accounts under their main account.
14.4. Termination by For Posterity. We reserve the right to suspend or terminate your account (and, by association, these Terms) at any time and for any reason by providing three days' prior notice. We also have the right to suspend or terminate your account (and, by association, these Terms) immediately if: (i) the Customer Agreement is terminated for any reason; (ii) you violate the letter or spirit of these Terms; (iii) you engage in fraudulent, abusive, or illegal behavior or harass or harm other users, third parties, or our business interests; or (iv) you fail to pay any fees you are required to pay, including if you initiate a chargeback. In case of termination by us, you will have the opportunity to export your User Content for a period of 30 days following termination. If we terminate your account for reasons other than your breach of these Terms or the Customer Agreement (where applicable), we will refund you a pro-rated portion of any prepaid Fees. If your account is terminated, you may not rejoin by opening a new account without our permission. If the Customer Agreement has terms about term and termination, those will govern with regard to termination of the Customer's accounts.
14.5. Effect of Termination. Upon the termination of your account for whatever reason, you will no longer have access to the Services. Any unused Tokens in your account will be deleted so ensure that you use all your Tokens before your subscription ends. Unused Tokens are nonrefundable and will not regenerate if you reinstate your account. Even if your account is terminated, you will still be bound by the sections of these Terms that, by their nature, are meant to survive termination.
14.6. FP App. Upon termination of your access to the FP App, you retain access to any previously purchased or delivered products (e.g., downloaded eBooks). However, ongoing access to FP Studio and further editing of your User Content requires active and valid registration under the FP Studio Terms of Service.
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15. Publicity. During the Term, we may refer to the Customer as our customer and may display the Customer's name and logo on our website and in other marketing materials.
16. Force Majeure. Neither party will be liable for any default or delay in its performance of its obligations under these Terms to the extent caused by a natural disaster, act of God, act of war or terrorism, riot, third-party labor strike, pandemic, or other similar occurrence beyond its reasonable control, provided that the affected party makes all reasonable efforts to comply with its obligations despite the occurrence. The affected party shall, as soon as reasonably practicable, notify the other party of the occurrence. It is clarified that payment obligations hereunder may be delayed due to a force majeure event but will not be excused.
17. Notices. To provide an official notice in accordance with these Terms, either we or you may send a notice by courier, registered mail, or by email to the addresses we provide to each other. Either party may assume its notice has been received one after: (1) business day following delivery by courier, four (4) business days following delivery by registered mail, and one (1) business day after email transmission.
18. General. These Terms constitute the entire agreement between us and you regarding our Services, and any and all other agreements existing between us regarding the Services are hereby terminated. We may assign our rights and obligations in these Terms to any third party. You may not assign any of your rights or obligations in these Terms to anyone else and any attempt to do so will be void. If either party waives any rights regarding any breach or default of these Terms, that waiver shall not be deemed to waive any other breach or default. The courts in London, England shall have exclusive jurisdiction over any disputes regarding these Terms. The laws of England and Wales shall govern these Terms without regard to the United Nations Convention on the International Sales of Goods. In the event that a court rules that a provision of these Terms is unenforceable, that provision shall be replaced with an enforceable provision which most closely achieves the effect of the original and the remaining terms of these Terms shall remain in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between us and you, and nothing in these Terms enables you to act on our behalf.
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