Terms of Service
Effective date: 2024-07-01
These Terms of Service (the “Terms”) describe the conditions under which Posterity Labs LLC (“Posterity Labs,” “we,” “us,” or “our”) provides products, software, and services. By engaging with Posterity Labs, you agree to these Terms.
1. Services and deliverables
Posterity Labs will provide the products, software, or services described in your statement of work, order, or agreement. We may update service features from time to time, provided that the core functionality is not materially degraded.
2. Customer responsibilities
You are responsible for providing accurate information, ensuring authorized access to your environments, and complying with applicable laws, internal policies, and security requirements. You are also responsible for safeguarding credentials issued for your use.
3. Fees and payment
Fees are outlined in the applicable order or agreement. Unless otherwise stated, invoices are due within thirty (30) days of receipt. Late payments may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law.
4. Confidentiality
Each party agrees to keep confidential information received from the other party confidential and to use it solely for purposes of the engagement. Confidentiality obligations continue for three (3) years after disclosure, except that obligations for trade secrets continue while such information remains a trade secret.
5. Intellectual property
Posterity Labs retains ownership of its pre-existing intellectual property and any derivatives. Unless otherwise agreed, deliverables developed specifically for you under a statement of work are licensed for your internal use.
6. Warranties and disclaimers
Posterity Labs will perform services in a professional and workmanlike manner. Except as expressly stated, Posterity Labs disclaims all other warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
7. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, or punitive damages. Posterity Labs’ total liability for any claim arising under these Terms is limited to the amounts paid or payable for the services giving rise to the claim.
8. Termination
Either party may terminate an engagement if the other party materially breaches these Terms and fails to cure within thirty (30) days after written notice. Upon termination, you will pay for services rendered and expenses incurred through the effective date.
9. Governing law
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. The parties consent to the exclusive jurisdiction of state and federal courts located in El Paso County, Colorado.
10. Contact
If you have questions about these Terms, contact Posterity Labs LLC at support@posteritylabs.com.