Terms & Conditions

For Posterity Limited, ("For Posterity", "us", "our", or "we"), a company incorporated in the United Kingdom with Company No. 15629158, has developed and maintains a platform for the preservation of legacies, called For Posterity ("Platform").

On the Platform, storytellers will upload audio recordings, videos, documents, pictures and other forms of content, and the For Posterity will convert these, through its proprietary technology, to books or other forms of stories of their legacies (the "Services").

The Platform is accessible on the website https://forposterity.ai (the "Site"), however the Services are provided on a variety of mediums and not only on the Site.

These Terms of Service ("Terms") govern your access to and use of the Platform, the Site and the Services.

Our Privacy Notice, available at https://www.forposterity.ai/privacy-policy ("Privacy Notice"), governs our collection, processing and transfer of any Personal Data (as such term is defined in the Privacy Notice).

"You" means an individual using the Services.

Please read these Terms carefully. By visiting our Site or clicking "I agree" when registering for the Services, you agree to be bound by these Terms, as they may be amended from time to time. Your continued use of the Site or Services following any update shall be deemed acceptance of any such amended or updated terms.

For Posterity understands that its greatest value is in preserving the legacies of the elderly, even if the Platform is accessible to all adults. Given that interaction with the Platform may not be as seamless for people who haven't had the privilege of engaging of with technology throughout a large portion of their adult lives, we appreciate that the formal users of the Platform will not necessarily be the storytellers who legacies are captured by the Services. Please consider that if you are sharing Personal Data or confidential information of a subject who is not a registered user, For Posterity assumes that you have collected all of the required consents from said subject prior to sharing their information with For Posterity.

Use of Services

Subject to these Terms, For Posterity allows you to access and use the Services on a non-exclusive basis for your purposes.

Use of and access to the Services is void where prohibited by law. You represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are at least 18 years old and have the ability to form a binding contract; (d) if you are under 18 years old, you must be over 13 years old and have obtained the consent of your legal guardians prior to registration hereto; (e) your use of the Services does not violate any applicable law, regulation, or obligation you may have to a third party; and (f) you shall comply with applicable laws, regulations, and these Terms throughout your use of the Services.

You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where these Terms or use of the Services is prohibited.

The Platform utilizes certain third party services including widely available large language models ("LLMs"). LLMs are still a novel technology and can and will generally make mistakes and at times have been accused of infringing third party rights. For Posterity does not own, manage, or control any of the third-party services available on the Site. For Posterity disclaims any and all warranties regarding any services or content provided by third parties, including without limitation, fitness for a particular purpose and non-infringement of proprietary rights. All use of third-party websites and applications is at your own risk. Please note that your use of such third-party services may be subject to the privacy policies and terms of service of such third parties.

Account Registration

You may access the Site and certain Services without registration. To access or use additional features and Services, such as our "Demo", you must provide basic contact information and may in the future be required to register an account. For Posterity offers different products that will correlate with different account designations to suit your needs and you can either register a basic account or a premium account. The account plan and designation under which you are registered will impact the Services available to you. You can change/update your account designation and other registration details at any time.

To complete the registration process, you must provide all registration information that we request, such as your first and last name, email address, password, and country of residence.

To complete the Services provided on the Demo, you will at such time be required to provide additional information in connection with the subject whose legacy is being captured by the Platform.

You represent and warrant that you have all the necessary rights and/or consents under applicable law to provide For Posterity with any Personal Data of a third party and that you are fully and solely responsible for providing For Posterity with email addresses only related to your Company.

Subject to applicable law, For Posterity may refuse to open an account for any individual at its sole discretion.

You agree to notify us immediately of any unauthorized use of your account. You are solely responsible for the security of your computer system and/or mobile device and all activity on your account, even if such activities were not committed by you. To the fullest extent permitted by applicable law, For Posterity will not be liable for any losses or damage arising from unauthorized use of your account. We do not police for and cannot guarantee that we will learn of or prevent any inappropriate use of the Services.

The Demo. Currently, the Platform has only a demo of our Services available for use. The Demo involves a process whereby you will add an audio recording or text file with a story of a certain subject, and the Platform will return to you a PDF version of that subject's legacy, preserved as a short story or book. The Platform still makes many mistakes in adapting the content received to the Book. You will be able to email our support at support@forposterity.ai to ask for corrections, and we will make best efforts to address your requests accordingly but cannot and do not take responsibility for any such mistakes.

Termination of Account

For Posterity may suspend or terminate your account at any time by providing three (3) days' prior notice. In addition, For Posterity may suspend or terminate your account with immediate effect and may take any other corrective action it deems appropriate upon occurrence of any of the following events: (i) violation of the letter or spirit of these Terms, (ii) behavior that is fraudulent, harassing, abusive, illegal or harmful to other users, third parties, or the business interests of For Posterity. If your account is terminated, you may not rejoin For Posterity without permission. For Posterity may modify or discontinue the Services for all users at any time. Upon termination of your account, you shall not have any further access to any Content (as defined below) or materials that may be available through your account.

We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior through the Services. We will cooperate with any law enforcement authorities or court order directing or 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.

You may request termination of your account at any time by sending an email to support@forposterity.ai. Following such request, we shall close your account as soon as reasonably practicable. Suspension or termination of your account shall not affect your obligations under these Terms (including but not limited to ownership, indemnification, any representations and warranties made by you, and limitation of liability), which by their sense and context are intended to survive such suspension or termination.

Content

Certain types of content may be made available through the Services. "Content" as used in these Terms means, collectively, all content on or made available through the Services, including any images, photos, pictures, videos, or articles, and any modifications or derivatives of the foregoing. Any content that you upload, post, or provide through the Services, including materials contained in a pitch submission, shall be referred to as "User Content".

FOR POSTERITY DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED IN ANY CONTENT AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMS ALL LIABILITY IN CONNECTION WITH THE CONTENT. FOR POSTERITY DISCLAIMS ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF USERS (INCLUDING UNAUTHORIZED USERS) THAT ARE NOT SOLELY DUE TO FOR POSTERITY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICES OR OTHERWISE.

User Content Restrictions

For Posterity has no obligation to accept, display, or maintain any User Content. Moreover, For Posterity reserves the right to remove and permanently delete any User Content uploaded by you without notice and for any reason if such User Content is suspected to be infringing or in the event of termination of the applicable account. You are and shall remain fully and solely responsible for any User Content that you provide. You represent and warrant that any User Content that you provide complies with applicable law and that you have all necessary rights, licenses, consents, and authorities required to provide such User Content. Any User Content provided through the Services shall not be considered confidential and may be disseminated by For Posterity without compensation to you.

Without limiting the above, you agree that you will not transmit, submit or upload any User Content that: infringes (or results in the infringement of) the intellectual property, moral, publicity, privacy, or other rights of any third party; is (or you reasonably believe or should reasonably believe to be) in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; or does not comply with all applicable laws, rules and regulations.

For Posterity may, at its sole discretion, choose to monitor User Content for inappropriate or illegal behavior, including through automatic means, provided however, that For Posterity reserves the right to treat User Content as content stored at the direction of users for which For Posterity will not exercise editorial control except when violations are directly brought to For Posterity's attention.

It is possible for others to obtain Personal Data about you due to your use of the Services, including through any User Content that you make available through your account. Anyone receiving or viewing User Content may use information you provided through such User Content (such as your contact details, location or description of an entity you represent) for purposes other than what you intended. We are not responsible for the use of any Personal Data that you disclose through the Services or through any User Content by any user or any third party. By making any information available through the Services you acknowledge that you understand and have agreed to such risks.

Use Restrictions

You may not do or attempt to do or facilitate a third party in doing any of the following: (1) decipher, decompile, disassemble, or reverse-engineer any of the software and/or code, if and as applicable, used to provide the Services without our prior written authorization, including framing or mirroring any part of the Services; (2) circumvent, disable, or otherwise interfere with security-related features of the Services or features that prevent or restrict use or copying of any Content; (3) use the Services or Content in connection with any commercial endeavors in any manner, except for the purposes specifically set forth in these Terms; (4) use any robot, spider, site search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Services; (5) use or access another user's account without permission; (6) use the Services or Content in any manner not permitted by these Terms or applicable law, including all applicable export laws and regulations to (re)export the Services and/or any related materials in violation of such laws.

Intellectual Property

For Posterity or its licensors, as the case may be, have all right, title, and interest in the Services, and any Content (excluding User Content), including its overall appearance, text, graphics, graphics design, videos, demos, interfaces, and underlying source files, and all worldwide intellectual property rights, the trademarks, service marks, and logos contained therein, whether registered or unregistered. Except as expressly permitted herein, you may not copy, further develop, reproduce, republish, modify, alter, download, post, broadcast, transmit or otherwise use the Content of the Site or Services for any purpose. You will not remove, alter or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in the Site and/or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms or on the Site should be construed as granting you any right to use any trademark, service mark, logo, or trade name of For Posterity or any third party. If you provide For Posterity with any feedback regarding the Site or Services, For Posterity may use all such feedback without restriction and shall not be subject to any non-disclosure or non-use obligations in respect of such feedback.

You have all right, title, and interest in the User Content you provide. By submitting or posting any User Content, you grant For Posterity the right to use, copy, prepare derivative works of, or alter such User Content solely for the purpose of provision of the Services.

Disclaimers and Disclaimer of Warranty

All information and Content on the Site is provided for informational purposes only and For Posterity provides no guarantees with respect thereto. Your use of the Services is at your sole discretion and risk. The Services and Content are provided on an AS IS and AS AVAILABLE basis without warranties of any kind. We do not represent or warrant that the Services will be of good quality or useful for your needs.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, OR ANY CONTENT THEREON, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SITE AND/OR SERVICES; (II) THAT THE SITE OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; (III) REGARDING THE ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED.

No advice or information, whether oral or written, obtained by you from us, shall create any warranty that is not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

For Posterity does not provide you with any legal representation and/or advice and does not serve as a substitute for legal advice. For legal advice, please contact a licensed attorney.

Limitation of Liability

Without derogating from any of the above, we assume no responsibility for any error, interruption, defect, or delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any materials or Services. We are not responsible for any problems or technical malfunction or failure of any telephone network or lines, computer systems or equipment, servers, software, failure due to technical problems or traffic congestion on the Internet or on the Services. We shall not be responsible for any loss or damage, including personal injury or death, resulting from the conduct of any users of the Services. In addition, we assume no responsibility for any incorrect data, including Personal Data provided by you or on your behalf and you hereby represent and warrant that you are solely responsible for any and all data provided to For Posterity, including any incorrect data and you shall assume any and all liability for any consequences of provision of such incorrect data to us.

IN NO EVENT SHALL FOR POSTERITY, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, ASSIGNEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER FOR POSTERITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND IN NO EVENT SHALL OUR MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED US$50.

Indemnification. You agree to indemnify, defend, and hold harmless For Posterity, its affiliates, and their respective employees, directors, officers, subcontractors and agents from and against any and all claims, damages, or costs, losses, liabilities or expenses (including reasonable court costs, attorneys’ fees, and any administrative and/or criminal fines) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your account and/or computer and/or mobile device, password (whether authorized or unauthorized); (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Site or Services; (c) your violation of any law or regulation or any of your obligations, representations, or warranties hereunder including but not limited to breach of any privacy and/or data protection laws and regulations to which you are subject; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under applicable law. You may not settle or compromise such suit without our prior written consent. We may be represented in any such suit by counsel of our own choosing at our own expense.

Notices

Any required notices pursuant to these Terms may be sent by registered mail or email transmission (with electronic confirmation of delivery) to the addresses of the parties hereto set out herein or provided upon registration, as applicable, and any such notice shall be deemed to have been received one (1) business day after delivery by courier, four (4) business days after delivery by registered mail and one (1) business day after email transmission and written confirmation receipt of such transmission.

Miscellaneous

These Terms shall be governed solely by the laws of the State of Israel, without regard to the United Nations Convention on the International Sales of Goods, and the competent courts in the State of Israel shall have exclusive jurisdiction to hear any disputes arising hereunder. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining provisions of these Terms shall continue in full force and effect. Nothing in these Terms creates any agency, employment, joint venture, or partnership relationship between you and For Posterity or enables you to act on behalf of For Posterity. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between us and you pertaining to the subject matter hereof, and any and all other agreements existing between us and you relating thereto are hereby canceled. We may assign and/or transfer our rights and obligations hereunder to any third party without prior notice. You shall not assign and/or transfer any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

Last updated: August 2024