Terms and Conditions

Escendant Ltd
Last Updated: 24/09/2025
Status: Published

  1. Introduction and Acceptance

    1. These Terms and Conditions (“Terms”) govern your access to and use of the services provided by Escendant Ltd, a company registered in England and Wales (Company Number: 13914686) (“Escendant”, “we”, “us”, “our”).
    2. Our services include digital memory preservation, AI-powered memory exploration through The Biographer (essential for service delivery), posthumous content management and digital legacy planning, family and community memory sharing (private by default with opt-out controls available), and related functionalities (the “Services”).
    3. By creating an account or using our Services, you agree to be legally bound by these Terms. If you do not agree, you must not use our Services.
    4. We may update these Terms from time to time. For material changes, we will provide at least 30 days’ notice by email and prominent notice on our platform. Continued use after changes take effect constitutes acceptance.

  2. Definitions

    “Account” means your registered user account with Escendant.

    “AI-Generated Content” means content created using our artificial intelligence technology, including digital characters, simulations, and generated videos.

    “Authorised Users” means individuals authorised by a Business Customer to access the Services on their behalf.

    “Business Customer” means any entity or individual using our Services for business, commercial, or professional purposes.

    “Consumer” means an individual using our Services wholly or mainly for personal, family, or household purposes.

    “Content” means any data, text, images, audio, video, or other materials uploaded, created, or shared through our Services.

    “Controller” and “Processor” have the meanings set out in UK GDPR, with Business Customers (including care homes) acting as Controllers and Escendant acting as Processor for such deployments.

    “Intellectual Property Rights” means all worldwide intellectual property rights including patents, copyrights, trademarks, trade secrets, and design rights.

    “Posthumous Content” means Content intended for access or delivery after a user’s death.

    “Services” means all services, software, applications, and features provided by Escendant.

    “Trustee” means a person designated by a user to manage their account and Content after death (including access to specific document folders), subject to verification of legal authority.

    “Biometric Identification” means processing of biometric data for the purpose of uniquely identifying, authenticating, or verifying a natural person, including voice or facial recognition used for identity verification.

    “Text-Processing Purposes” means operations performed on text content provided by, or derived from, user inputs (for example, transcriptions of audio), including analysis to attribute content to individuals within the text, tagging, organisation, search, recommendations, and similar functionality. It excludes identity verification, authentication, or other biometric identification.

    “Sub-Processors List” means our current list of third-party processors published at https://thehumanarchive.com/sub-processors. “Commencement Date” means the start date specified in an applicable Order Form or, if none is specified, the date on which a Business Customer first receives access to the Services. “Initial Term” means the first fixed period of the Business Customer subscription commencing on the Commencement Date. “Renewal Term” means each successive fixed period following the Initial Term. “Engram” means a discrete memory item or content object within the Service (for example, a story, photo, audio clip, video, or document) with its own sharing controls. “Public Engram” means an Engram that you have expressly set to Public (including publication to The Human Archive) using the item’s sharing controls and where your global public sharing setting is enabled in account settings.

  3. Account Registration and Security

    1. You must create an account to access our Services. You must be at least 18 years old to register.
    2. You must provide accurate, complete, and current information during registration and keep your account information updated.
    3. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.
    4. You must notify us immediately of any unauthorised use of your account or security breaches.
    5. We may suspend or terminate accounts that breach these Terms or pose security risks.

  4. Consumer Rights and Cancellation

    1. Consumer Cancellation Rights

      If you are a Consumer, you have the right to cancel your subscription within 14 days of: – First subscribing to our Services, or – Any upgrade to your subscription

      To exercise this right, contact us at support@escendant.ai with clear notice of your decision to cancel.

    2. Consumer Refunds

      Consumers are entitled to refunds where: – Services are cancelled within the 14-day cooling-off period – Services are not provided in accordance with these Terms – Services are faulty or not as described

      Refunds will be processed within 14 days using the same payment method.

    3. Consumer Statutory Rights

      Nothing in these Terms affects your statutory rights as a Consumer under UK law, including rights under the Consumer Rights Act 2015.

    4. Digital Content – Cooling‑Off and Loss of Right to Cancel

      For purchases by Consumers, the Consumer Contracts Regulations 2013 provide a 14‑day cooling‑off period for distance sales. However, for digital content that is not supplied on a tangible medium, you will lose your right to cancel once we start the supply if all of the following occur:

      • You expressly request that we begin supplying the digital content during the 14‑day cooling‑off period; and
      • You acknowledge that you will lose your right to cancel once supply has begun.

      If you do not provide the above consent and acknowledgement, we will not begin supplying the digital content until the cooling‑off period expires. Where you retain a right to cancel, refunds will be calculated pro‑rata for any unused portion supplied prior to cancellation, where applicable by law.

    5. Model Cancellation Form (Consumers)

      If you have a right to cancel under Section 4, you may use the Model Cancellation Form in Appendix A, though this is not mandatory.

  5. Subscription Terms and Payment

    1. Our Services are provided on a subscription basis with fees charged at the beginning of each billing cycle.
    2. Subscriptions automatically renew unless cancelled at least 48 hours before the renewal date. We will send renewal reminders at least 14 days before renewal.
    3. You may upgrade or downgrade your subscription at any time, with changes taking effect at the next billing cycle.
    4. For Consumers: You may cancel your subscription at any time. No cancellation fees apply.
    5. For Business Customers: Term, renewal and cancellation are governed by clause 5.13 (Business Customer Term and Renewal).
    6. We may modify subscription fees with 30 days’ notice. If you don’t accept the changes, you may cancel your subscription.
    7. Payments are processed through secure third-party providers. Failed payments may result in service suspension.
    8. App Store Purchases (Apple/Google). If you purchase a subscription via an app store, billing and cancellations are managed by that platform. You should review the applicable app store terms. Refunds for app store purchases are subject to the app store’s policies; we may not be able to process refunds directly.
    9. Renewal Reminders (Consumers). For auto‑renewing subscriptions purchased directly from us, we will provide clear renewal reminders and simple cancellation mechanisms before renewal takes effect.
    10. Price Changes. We may change prices with at least 30 days’ prior notice. If you do not agree to the change, you may cancel before the change takes effect.
    11. Technical Requirements and Updates. Our Services currently require a compatible iOS device and internet access. Functionality may vary by device and operating system version. You are responsible for installing required app updates. Some features (e.g., voice recreation, avatar generation) require higher device capabilities and may not be available on all devices.
    12. Conversion from Business Deployments. If you access the Services through a Business Customer (for example, a care home or other organisation) and that Business Customer ends its contract with us: (a) we will invite you to continue with an individual Consumer account; (b) if you accept, you must accept these Terms and, where applicable, subscribe as a normal Consumer—your access continues without interruption and your digital legacy settings (including posthumous content and designated contacts) remain in effect; (c) if you do not accept or do not complete the conversion, your account will be treated as terminated and handled under Section 15 (Termination) and Section 12 (Data Retention and Deletion); and (d) for deceased users with designated Trustees, we may contact such persons to allow them to continue the account under a Consumer subscription or request closure, subject to verification and applicable legal authority. See also our Privacy Policy (How Long We Keep Your Data) for further details.

    13. Business Customer Term and Renewal.

      The following applies to Business Customers only and prevails over any inconsistent wording elsewhere in Section 5:

      1. a. Initial Term. The subscription starts on the Commencement Date and continues for an Initial Term of 12 months unless a different Initial Term is expressly stated in an applicable Order Form. Fees are billed monthly in advance unless the Order Form states otherwise.
      2. b. Renewal. After the Initial Term, the subscription automatically renews for successive Renewal Terms of 12 months each (or such other period stated in the Order Form) unless either party gives at least 30 days’ written notice to end the subscription effective at the end of the then‑current term.
      3. c. Early termination by Business Customer (without cause). If the Business Customer ends the subscription early other than for Escendant’s material breach, the Business Customer will pay the fees that would have been payable for the remainder of the then‑current term, less any direct costs Escendant saves because of the early termination. This clause does not limit the Business Customer’s right to terminate for Escendant’s material breach.
      4. d. Termination for cause. Either party may terminate with immediate effect for material breach not remedied within 14 days of written notice.

  6. Content Ownership and Licensing

    1. Your Content

      You retain ownership of Content you upload or create through our Services.

      You grant us a non-exclusive, worldwide, royalty-free licence to use, store, reproduce, and display your Content solely for: Providing, operating, and maintaining our Services,security, support, and backup purposes, Compliance with legal obligations

      We do not use your Content to train, retrain, or improve AI models, or for advertising or marketing, except that we may use Public Engrams in accordance with Section 9.5 and your global and per‑item controls. We may use service metrics in aggregated and anonymised form to improve reliability and performance without identifying you or your Content.

    2. AI-Generated Content

      AI-Generated Content is owned by Escendant. Subject to these Terms, we grant you a worldwide, non-exclusive, non-transferable licence to use, reproduce and display AI-Generated Content generated for you for your personal or commercial purposes, to the extent permitted by law and third‑party rights. This licence lasts for the duration of your subscription and, for content already delivered to you, continues perpetually thereafter. You may not use AI-Generated Content in a way that infringes others’ rights, violates the law, or implies endorsement by Escendant.

      AI outputs (including voice and face models and “Simulations”) are simulations and may contain errors. They should not be relied upon as accurate reflections of any person, living or deceased. Simulations do not constitute real-time communication with any individual. You should verify critical information independently.

    3. Licence Continuation and Termination

      Digital Legacy Continuation: Upon your death, your account transitions to digital legacy status rather than termination. Our licence to your Content continues as necessary to:

      • Deliver scheduled posthumous content and time capsules
      • Maintain AI conversations representing you
      • Honour your designated sharing and digital legacy instructions
      • Provide access to designated Trustees
      • Fulfill other digital legacy purposes you have specified

      Voluntary Account Closure: If you voluntarily delete your account or if your designated Trustees choose to close your digital legacy account, our licence to your Content ends except for:

      • Content shared publicly that cannot be practically removed
      • Content where retention is required by law
      • Content already included in other users’ conversation histories

      Trustee Control: Designated Trustees have no direct right to delete or modify Content after death. They may request Escendant to take such actions. Escendant will only act where there is clear lawful authority (for example, evidence of appointment as executor/administrator or other estate representative) and may require a court order where authority is unclear or disputed. Trustees may manage administrative settings that do not alter or delete Content (for example, notification preferences) and may request account closure, subject to verification and applicable legal authority. Trustees cannot terminate the core digital legacy licence except through an approved closure request.

      Legal Compliance: We retain necessary rights to respond to legal obligations and regulatory requirements regardless of account status.

    4. Use Restrictions on Our Use of Your Content

      We shall not: (a) use your Content to train, retrain, or improve foundation or proprietary machine learning models; (b) sell your Content; (c) use your Content for advertising or marketing, except for Public Engrams as described in Section 9.5 and subject to your controls; or (d) combine your Content with data from other customers, except in aggregated and anonymised form that does not identify you or any individual, for service metrics and reliability.

    5. Simulation Use Restrictions

      Without limiting clause 6.2, you must not extract, commercialise, or use any Simulation outside the scope of permitted use within our Services, or imply endorsement by Escendant, except as expressly allowed in these Terms.

  7. Data Sharing Between Users

    1. Data Sharing Features

      Our Services enable you to share profile information, memories, and content with other users through various sharing levels. Community sharing is private by default based on our legitimate interests with easy opt-out controls in settings. Other sharing requires your explicit consent.

    2. Sharing Consequences

      When you share information with other users:

      • Your shared information becomes part of their conversation experience
      • Shared information may appear in their chat histories and AI interactions
      • Your shared information may be included when they export their personal data

    3. Controlling Your Sharing Preferences

      You may opt out of community sharing or withdraw consent for other sharing at any time. Content is private by default – you must explicitly choose to share each item. However:

      • Information already shared in past conversations remains in those conversations
      • Previously exported data by other users cannot be recalled
      • Existing conversation histories remain intact and complete

    4. Voice Processing Responsibilities

      When using voice features involving other people, you are solely responsible for:

      • Informing all speakers that AI will process their voices for transcription, speaker separation, and text‑based attribution (not Biometric Identification)
      • Obtaining appropriate permission from all participants before recording
      • topping recording immediately if anyone objects to voice processing
      • Complying with applicable recording laws

    5. User Blocking and Safety

      You can block other users to prevent unwanted interactions. Blocking stops future data sharing but does not affect previously shared information in conversation histories.

  8. Posthumous Content and Digital Legacy

    1. Posthumous Content Features

      Our Services allow you to:

      • Designate Trustees to manage your account after death
      • Schedule time capsules for future delivery
      • Store important documents accessible to designated Trustees
      • Create Content for posthumous sharing

    2. Trustee Designation

      You may designate one or more Trustees who will have access to your Content upon your death. Trustees must be verified through legal documentation before access is granted. Trustees are not permitted to delete or modify Content directly; any deletion, modification, or takedown must be requested from Escendant and may require proof of legal authority or a court order.

    3. Trustee Access

      You may designate Trustees for access to your content. We will verify Trustee requests and may require court orders where access is disputed.

    4. Posthumous Content Management

      Upon your death, we may:

      • Honour your designated settings for Content access and sharing
      • Remove Content that violates these Terms or applicable laws
      • Respond to legal requests regarding your Content
      • Delete accounts where no Trustee is designated after reasonable attempts to contact next of kin

    5. No Guarantee of Indefinite Storage

      We do not guarantee indefinite storage of posthumous Content and reserve the right to delete accounts and Content in accordance with our data retention policies.

    6. Posthumous Content Compliance

      We do not pre-screen Content scheduled for posthumous release. Users are responsible for ensuring that any posthumous releases comply with law and do not defame others or breach rights. Trustees are responsible for ensuring releases comply with applicable laws and the deceased User’s documented wishes. In the event of a complaint or legal claim concerning posthumous Content, we may remove or restrict access to such Content pending resolution. Where Trustee access is disputed, we may require court orders or clear legal documentation before granting access.

    7. Trustee Requests for Content Changes

      Trustees cannot directly delete or modify Content after death. All deletion, modification, or takedown requests must be submitted to Escendant. We will only implement such requests where there is clear lawful authority (for example, verified estate representative documentation) and, where appropriate, a court order. We may refuse or defer requests that lack sufficient authority or where changes would conflict with the deceased user’s documented wishes or applicable law.

  9. Content Standards and Prohibited Use

    1. Prohibited Content

      You must not upload, create, or share Content that:

      • Is illegal, offensive, defamatory, or harmful
      • Infringes intellectual property rights
      • Violates privacy rights
      • Contains malware or harmful code
      • Is misleading or deceptive
      • Promotes violence, discrimination, or hatred

    2. Content Moderation

      We reserve the right to review, remove, or restrict access to Content that violates these Terms, even after your death. However, we respect the integrity of conversation histories and will only remove shared content where legally required or where it poses significant risk.

    3. User Warranties

      You warrant that:

      • You have the right to upload and share your Content
      • Your Content does not violate any laws or third-party rights
      • Information you provide is accurate and truthful
      • You understand the implications of sharing information with other users
      • You accept that shared information becomes part of others’ conversation records

    4. Security and Acceptable Use

      You must not introduce any virus, malware, or harmful code that could damage our Services or other users’ devices. You must not access unauthorised areas of the App or attempt to circumvent access controls. You must not use the Services to harass, impersonate, or harm others.

    5. Marketing and Advertising Use of Public Engrams

      We may use Public Engrams for:

      • Targeted advertising and campaign optimisation (for example, selecting audiences or creative themes based on Public Engram topics)
      • External marketing and promotional materials

      Controls:

      • Global and per‑item controls: You can disable marketing use globally in settings and/or per item via each Engram’s sharing controls. If disabled globally, we will not use any of your Engrams for marketing regardless of item settings.
      • Scope limitation: We will only use Engrams that you have explicitly set to Public. Private, group, or shared‑with‑specific‑people Engrams are excluded.
      • Respect for wishes: We will remove a Public Engram from future campaigns upon your change of settings; already‑distributed materials may not be retractable.

  10. Liability and Indemnification

    1. Limitation of Liability – Business Customers

      For Business Customers, our total liability for any claims shall not exceed the subscription fees paid in the preceding 12 months.

    2. Consumer Liability and Statutory Rights

      For Consumers, we do not exclude or limit liability where it would be unlawful to do so. This includes liability for:

      • Death or personal injury caused by negligence
      • Fraud or fraudulent misrepresentation
      • Breach of your statutory rights under UK consumer protection laws (including the Consumer Rights Act 2015) in relation to digital content and services

    3. Statutory remedies for digital content and services (Consumers).

      If you are a Consumer:

      • Faulty digital content (not as described, not of satisfactory quality, or not fit for purpose): you are entitled to a repair or replacement. If a repair or replacement is impossible or not provided within a reasonable time without significant inconvenience, you may be entitled to a price reduction or refund.
      • Services not performed with reasonable care and skill: we will repeat performance within a reasonable time, or provide an appropriate price reduction if repeat performance is impossible or not provided within a reasonable time without significant inconvenience.
      • Damage to your device or digital content caused by our digital content: if our failure to use reasonable care and skill causes damage, we will repair the damage or compensate you for reasonable losses.
      • Any financial limits or exclusions in these Terms do not apply to the above consumer rights and remedies to the extent such limits or exclusions would be unlawful or unfair under consumer law.

    4. Indemnification and Consent Compliance

      Business Customers agree to indemnify us against claims arising from their use of our Services and Content.

      Consumer indemnification is limited to circumstances where the Consumer has acted unlawfully or in material breach of these Terms, and shall not exceed what is reasonable and proportionate.

      Voice Recording Responsibilities: All users agree to comply with applicable recording laws and obtain appropriate consent when recording others. You acknowledge sole responsibility for ensuring proper consent when using voice features involving multiple speakers.

    5. Service Availability

      We aim for 99.9% service uptime but do not guarantee uninterrupted service. We are not liable for outages caused by third-party service providers. Nothing in this clause affects your statutory rights as a Consumer.

  11. Data Protection and Privacy

    1. We process personal data in accordance with UK GDPR and our Privacy Policy.
    2. We do not use your personal content (including memories, voice data, photos or documents) to train, retrain, or improve AI models, or for advertising or profiling for marketing, except for marketing use of Public Engrams in line with Section 9.5 and your global and per‑item controls. We use different lawful bases for different processing: contract necessity for core AI features, legitimate interests for optional analysis and group sharing (with opt-out), and consent for voice processing and biometric recreation. For details about how AI processing works and your choices, see our Privacy Policy at https://thehumanarchive.com/privacy-policy and our AI Transparency Notice at https://thehumanarchive.com/ai-transparency.
    3. We implement appropriate technical and organisational measures to protect your data.
    4. In case of data breaches, we will notify you as required by law.
    5. You have rights regarding your personal data, including access, rectification, erasure, and portability.
    6. Data may be processed in countries with different data protection standards. We ensure adequate protection through appropriate safeguards, including Standard Contractual Clauses with the UK Addendum or the UK International Data Transfer Agreement (IDTA), or adequacy where applicable. Our current Sub-Processors List is available at https://thehumanarchive.com/sub-processors.
    7. No Biometric Identification. We do not perform Biometric Identification using voice or images. Voice inputs may be transcribed to text, and any identification is performed on the transcribed text for Text-Processing Purposes only (for example, to attribute content or organise memories), not for identity verification or authentication.
    8. Government and Law Enforcement Requests. If we receive a legally binding request from a public authority for access to personal data, we will (a) notify you (and, where applicable, your Business Customer) before disclosure unless prohibited by law, (b) challenge overbroad or unlawful requests where reasonable, and (c) disclose only the minimum data necessary to comply.
    9. For detailed information about data processing, sharing, and your privacy rights, please refer to our Privacy Policy at https://thehumanarchive.com/privacy-policy.
    10. App Analytics. We use Firebase Analytics and Crashlytics to understand how the app is used, fix bugs and crashes, and improve performance. Analytics data is pseudonymous. We configure Firebase to avoid precise location and advertising identifiers and to truncate IP addresses where possible. You can opt out of analytics at any time in your device or in‑app settings, and we will honour such opt‑outs promptly. Our current processors are listed at https://thehumanarchive.com/sub-processors.

  12. Data Retention and Deletion

    1. We retain your data only as long as necessary for service provision and legal compliance.
    2. Important Exception: Biographer chat conversations are stored indefinitely to preserve continuity and historical accuracy. This data remains accessible posthumously.
    3. Upon account termination, personal data will be deleted within 90 days unless:
      • Retention is required by law
      • You are a Consumer and request earlier deletion
      • Content is designated for posthumous access
    4. You may request data export in standard formats before account closure.

  13. Intellectual Property

    1. Escendant retains all rights in our Services, software, and technology.
    2. You may not copy, modify, distribute, or reverse engineer our Services.
    3. User feedback provided to us may be used royalty-free for service improvement.

  14. Third-Party Services

    1. Our Services integrate with third-party providers. Some third-party platforms (for example, app stores and sign-in providers) act as independent controllers under their own terms and notices. Others act as our processors. See clause 14.4 for how we manage processors.
    2. We are not responsible for third-party service interruptions or failures.
    3. Third-party terms may apply to certain features.
    4. Sub-Processors. We maintain a public Sub-Processors List at https://thehumanarchive.com/sub-processors. We will provide at least 30 days’ advance notice of any addition or replacement of a sub-processor (except for urgent substitutions required for security or continuity, in which case we will notify you as soon as reasonably possible). You may object on reasonable data-protection grounds. We will work in good faith to provide a commercially reasonable alternative or to disable the affected feature. If no feasible alternative is available, you may cancel the affected Services (in whole or part) without penalty. For direct purchases from us, we will provide a pro‑rata refund of any prepaid fees for the unused period of the affected Services. For purchases made via app stores, refunds are subject to the applicable app store’s policies. For business deployments, this clause applies alongside our Business DPA.

  15. Termination

    1. Your Right to Terminate

      Consumers: May terminate at any time without penalty. Business Customers: May terminate effective at the end of the then‑current Initial Term or Renewal Term by giving at least 30 days’ written notice before the end of that term, in accordance with clause 5.13. Early termination other than for Escendant’s material breach is subject to clause 5.13(c).

    2. Our Right to Terminate

      We may suspend or terminate accounts for:

      • Material breach of these Terms
      • Non-payment of fees
      • Illegal use of Services
      • Security concerns

    3. Effect of Termination

      Upon termination:

      • Service access ceases immediately
      • Data deletion occurs per Section 12
      • Payment obligations for current billing period remain
      • Posthumous Content settings remain in effect where applicable

    4. Business Deployment Termination and Conversion

      If you accessed the Services via a Business Customer and that Business Customer ends its contract with us: (a) you may continue individually as a Consumer by accepting these Terms and, where applicable, subscribing as a normal Consumer; (b) if you do not continue, your account will be treated as terminated and handled under Section 12 (Data Retention and Deletion); and (c) for deceased users with designated Trustees, we may contact such persons to continue under a Consumer subscription or request closure. See also our Privacy Policy (How Long We Keep Your Data) for further details.

  16. Dispute Resolution

    1. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them are governed by the law of England and Wales.
    2. For Business Customers (B2B). Before issuing proceedings, the parties will seek to resolve the dispute through good‑faith negotiations. If not resolved within 14 days, either party may refer the matter to mediation under the CEDR Model Mediation Procedure (remote by default). Each party will bear its own costs and the mediator’s fees will be shared equally. The courts of England and Wales shall have exclusive jurisdiction.
    3. For Consumers (B2C). You may bring proceedings in the courts of England and Wales, Scotland or Northern Ireland. Nothing in these Terms affects your statutory rights.
    4. ADR option for Consumers. We are not obliged to use ADR in every case, but if a dispute remains unresolved after you contact support@escendant.ai and we have tried to resolve it with you, we will engage in alternative dispute resolution with an accredited UK provider (for example, CEDR) if you ask us to. ADR is voluntary and does not affect your right to issue court proceedings at any time. Each party bears its own costs. For eligible small claims, the HMCTS Small Claims Mediation Service may be available at no cost to you. If a paid mediator is used, any mediator fee will only be shared if you expressly agree in advance.

  17. Notifications and Communications

    1. Platform Communications

      We may send you notifications via email, SMS, in-app notifications, and push notifications about:

      • Account security and service updates
      • Platform activity and content interactions
      • Digital legacy events and family communications
      • Billing and payment matters

    2. Managing Notifications

      You can customize all notification settings through your account preferences. Certain critical notifications (security alerts, legal notices) cannot be fully disabled but can be limited to email only.

    3. Legal Basis

      Service-related notifications are based on our legitimate interests and contract with you. Marketing communications require explicit consent and include clear unsubscribe options.

    4. Complaints and Escalation

      If you have a complaint about our Services:

      • Contact support@escendant.ai in the first instance.
      • If unresolved after 14 days, request escalation to complaints@escendant.ai.
      • If still unresolved, Consumers may request ADR under clause 16.4. Business Customers must follow clause 16.2.

  18. Business Customer Services

    1. Controller-Processor Relationship

      When services are provided through business deployments (for example, charities, care providers, or other organisations):

      • The Business Customer acts as the data controller under UK GDPR
      • Escendant acts as a data processor
      • All processing is governed by our Business Data Processing Agreement (DPA)

    2. Business Customer Responsibilities

      Business Customers are responsible for:

      • Obtaining all necessary consents from end users (for care settings, residents)
      • Ensuring end users have appropriate capacity to consent to digital legacy services or that proper legal authority exists for participation
      • Managing family communications and digital legacy decisions where applicable
      • Ensuring end user wishes are properly documented
      • Providing primary support for end users’ data protection enquiries
      • Implementing appropriate staff training on the Services and data protection obligations
      • Establishing internal access controls to prevent unauthorised access by staff or third parties
      • Promptly revoking access permissions when staff leave or change roles
      • Notifying Escendant promptly of any changes in staffing or access rights that affect service access
      • Ensuring all staff accessing the App do so only under appropriate authorisation

      Escendant shall not be liable for misuse of the Services by a Business Customer’s staff or third parties acting on their behalf, subject to applicable law.

    3. End User Rights

      End users maintain all standard data protection rights, with requests typically coordinated through the Business Customer.

    4. Precedence of Business DPA

      For services delivered via Business Customers, the Business Data Processing Agreement (DPA) forms part of the contract. In the event of any conflict between these Terms and the DPA on data protection matters, the DPA prevails.

    5. Sub‑Processor Notices and Objections

      Sub‑processor change notifications and any objection rights for business deployments are governed by the DPA. The current Sub‑Processors List is available at https://thehumanarchive.com/sub-processors.

  19. Support

    1. Support Channels

    2. Availability

      We provide support on a reasonable‑efforts basis during UK business hours. Queries received outside these hours will be handled on the next business day.

    3. No SLAs or Service Credits

      We do not offer service level agreements (SLAs), guaranteed response or resolution times, or service credits.

  20. General Provisions

    1. These Terms and our Privacy Policy constitute the entire agreement between us.
    2. If any provision is unenforceable, the remainder remains in effect.
    3. Our failure to enforce any right does not constitute a waiver.
    4. You may not transfer your rights without our written consent.
    5. We may assign our rights with reasonable notice.

    6. Force Majeure.

      Neither party will be liable for any delay or failure to perform its obligations (except payment obligations) due to events beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, quarantine restrictions, war, acts of terrorism, civil unrest, labour disputes not involving the affected party’s workforce, failure of utilities, widespread internet or cloud service outages, denial‑of‑service or other cyberattacks, governmental actions, or changes in law. The affected party will use reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable. If a force majeure event continues for more than 30 days, either party may terminate the impacted services on written notice without liability.

    7. Notices will be sent to your registered email address.
    8. Certain provisions survive termination, including intellectual property rights, liability limitations, and governing law.
    9. These Terms do not create rights for third parties.

    10. Confidentiality.

      Each party shall treat as confidential all information obtained from the other that is marked or reasonably understood to be confidential and shall use it only to perform these Terms. Confidential information does not include information that is publicly known through no fault of the receiving party, was lawfully in the receiving party’s possession before disclosure, or is required to be disclosed by law or to professional advisers under confidentiality duties. This obligation survives termination.

  21. Contact Information

    For questions about these Terms, contact us at:

    General Enquiries: support@escendant.ai
    Privacy and Data Sharing Questions: privacy@escendant.ai
    Address: Escendant Offices, Blisworth Hill Farm, Stoke Road, Blisworth, Northamptonshire, NN7 3DB

    We respond to privacy enquiries within 30 days and will help you understand and control your data sharing options. For comprehensive information about how we handle your personal information, please review our Privacy Policy at https://thehumanarchive.com/privacy-policy.

    22. Appendix A: Model Cancellation Form (Consumers)

    To: Escendant Ltd, Escendant Offices, Blisworth Hill Farm, Stoke Road, Blisworth, Northamptonshire, NN7 3DB

    Email: support@escendant.ai

    I/We hereby give notice that I/We cancel my/our contract for the supply of the following service:

    Ordered on:
    Name of consumer(s):
    Address of consumer(s):
    Email/Phone:
    Signature of consumer(s) (only if this form is notified on paper):
    Date:

    These Terms are effective from 12 September 2025. By using Escendant’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.