Terms of service and sale

1. Parties & definitions

This agreement is between Yeti Trading and Holding Company Limited, a company registered in England & Wales (no. 16962101) trading as Posttime (“we”, “us”, “our”), and the firm, chambers, practitioner or other organisation that registers for or uses the service (“you”, “the customer”). By creating an account, buying a case pass or using the service, you accept these terms. If you do not agree, do not use the service.

• “Service” means the PI Calculator for Schedule of Loss at apicalculator.co.uk, including the calculator, the schedule builder, the documents it generates and this website.
• “User” means an individual who signs in to the Service under your account or on your behalf.
• “Schedule” means a schedule of loss for one claimant created in the Service.
• “Case pass” means the one-off payment described in clause 5 that unlocks the Word documents for one Schedule.
• “Customer Data” means the data you and your Users enter into or generate within the Service, including claimant data in a Schedule.

2. Business use only

The Service is supplied only to businesses and professionals. By creating an account or buying a case pass you confirm that you are acting in the course of your business or profession, and not as a consumer. Rights that the law gives only to consumers, including the right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, do not apply.

3. Licence to use the Service

Subject to these terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and use the Service for your own professional work. The Service is licensed, not sold, to you. The documents the Service generates for your Schedules may be edited, served and filed in the claims they relate to.

You must not, and must not allow others to: (a) copy, modify or create derivative works of the Service; (b) reverse engineer, decompile or attempt to extract the source code, except to the extent this restriction is prohibited by law; (c) resell, rent, or provide the Service as a bureau or service to third parties; (d) remove or obscure any proprietary notices; (e) extract the Service’s calculations or data in bulk by automated means; or (f) use the Service to build a competing product.

4. Accounts & users

Sign-in is by Google, Microsoft or a one-time link sent to your email address; we do not issue passwords. You are responsible for your account, for keeping secure the email account or sign-in provider you use, and for all activity under your account. You must ensure your Users comply with these terms. Notify us promptly at support@posttime.uk of any unauthorised use. You must provide accurate registration information and keep it up to date.

5. Free use and case passes

• The calculator and the schedule builder may be used on screen without charge by a signed-in User.
• A case pass is a one-off payment for one Schedule (one claimant). It unlocks the Word documents for that Schedule — the schedule of loss and the multipliers appendix — and allows the Schedule to be revised and the documents downloaded as often as needed for 12 months from purchase. A case pass cannot be moved to another Schedule or claimant.
• When a case pass ends, the Schedule remains in your account and can be used on screen, but its Word documents can no longer be downloaded unless a new case pass is bought.
• The price is shown on the pricing page in pounds sterling. We are not currently registered for VAT, so no VAT is added.
• Payment is by card through Stripe. We never see or hold your card details. A receipt is sent to the signed-in email address.
• We may change the price of case passes. A change does not affect a case pass already bought.

6. Refunds

A case pass is not refundable once a Word document for that Schedule has been downloaded. If no Word document for that Schedule has been downloaded, the case pass is refundable on request made to support@posttime.uk within 14 days of purchase. Otherwise, unless required by law, fees are non-refundable.

7. Acceptable use

You agree not to use the Service to: break any law or regulation; infringe anyone’s rights; enter personal data you have no lawful basis to process; upload unlawful, harmful or malicious content; attempt to gain unauthorised access to the Service or its systems; interfere with or disrupt the Service; or place an unreasonable load on our infrastructure. We may suspend access where we reasonably believe these terms have been breached or to protect the Service or other customers.

8. Your data

As between you and us, you own all Customer Data and are responsible for its accuracy, quality and legality, and for having the right to use it. You grant us a licence to host, process and transmit Customer Data solely to provide and support the Service.

Schedules contain personal data about claimants, including health data. You are the controller of that data and we are your processor. Our data processing terms form part of, and are incorporated into, these terms, and govern how we process it. We process it only to provide the Service — to store it, calculate from it and generate the documents you ask for — and for no other purpose. We do not use it to train any model and we do not sell it.

You can delete a Schedule at any time. It is removed from the live database immediately, and backups age out within 14 days. When your account is closed, all of its Schedules are deleted. You are responsible for keeping your own copies of anything you need, including the documents you download.

9. Not advice

The Service applies the Ogden Tables (8th edition, published by the Government Actuary’s Department) arithmetically to the inputs you give it. It is not legal or actuarial advice. The selection of tables, discount rate, life expectancy, retirement age, reduction factors, multiplicands and heads of loss, and every other judgment in a Schedule, is the practitioner’s responsibility.

You must check the output, including each multiplier against the printed Tables, before relying on it or serving it. The bracketing printed values are shown beside interpolated figures for that purpose.

10. Intellectual property

We and our licensors own all intellectual property rights in the Service, including its software, design, trade marks and documentation. Nothing in these terms transfers any of those rights to you other than the limited licence above. If you give us feedback or suggestions, we may use them without restriction or obligation to you.

The Ogden Tables contain public sector information licensed under the Open Government Licence v3.0. The Government Actuary’s Department does not endorse the Service.

11. Availability & support

We aim to keep the Service available and reliable but do not guarantee uninterrupted access. We may carry out maintenance, ideally with advance notice for planned work. We provide support by email during UK business hours at support@posttime.uk.

12. Warranties & disclaimers

We warrant that we will provide the Service with reasonable skill and care. Except as expressly stated, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”, and we disclaim all other warranties, whether express or implied, including fitness for a particular purpose, satisfactory quality and non-infringement. Nothing in these terms excludes liability that cannot be excluded by law (including for death or personal injury caused by negligence, or fraud).

13. Limitation of liability

Subject to clause 12, and to the fullest extent permitted by law:

• we are not liable for loss of profits, revenue, business, goodwill, anticipated savings, or for any indirect or consequential loss; and
• our total aggregate liability arising out of or in connection with the Service is limited to the sums you paid to us for case passes in the 12 months before the event giving rise to the claim.

14. Indemnity

You agree to indemnify us against reasonable claims, losses and costs arising from your breach of these terms, your misuse of the Service, or Customer Data that you had no right to enter or that infringes the rights of, or causes loss to, a third party.

15. Term & termination

This agreement runs while you have an account. You may close your account at any time by emailing support@posttime.uk. Either party may terminate: (a) immediately on written notice if the other materially breaches these terms and fails to remedy it within 14 days of being asked; or (b) immediately if the other becomes insolvent. On termination your licence ends, any case pass still running ends without refund except as clause 6 provides, and all of your Schedules are deleted. Clauses that by their nature should survive (including 8, 10, 12 to 14 and 17) will continue.

16. Changes to the Service or terms

We may improve, change or discontinue parts of the Service. We may update these terms from time to time; if a change is material we will give reasonable notice by email. Continuing to use the Service after changes take effect means you accept the updated terms.

17. Governing law & jurisdiction

These terms and any dispute arising from them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, except that we may bring proceedings to recover unpaid fees in any competent court.

18. General

These terms, together with our privacy notice, data processing terms and cookie policy, are the entire agreement between us. If any provision is found unenforceable, the rest remains in force. Our failure to enforce a right is not a waiver of it. You may not assign this agreement without our consent; we may assign it as part of a reorganisation or sale of our business. Neither party is liable for failure caused by events beyond its reasonable control. Nothing in these terms creates a partnership or agency between us.

19. Contact

Questions about these terms? Email support@posttime.uk or write to Yeti Trading and Holding Company Limited, Garden Flat, 48 Lower Oldfield Park, Bath, BA2 3HP, United Kingdom.