Restated
Subscriber terms.
Version 1.0, effective 17 August 2026. Questions: hello@foundationcollective.co.uk
1. Who you are contracting with
1.1
These terms are an agreement between Restated Ltd (company number SC790998), a company registered in Scotland whose registered office is 13 Corskie Park, Dunecht, AB32 7AE ("Restated", "we", "us"), and the organisation that subscribes to the service ("you", "your organisation").
1.2
Restated is part of the Foundation Collective group. Foundation Collective Limited (company number SC695110) is our parent company. In these terms, "our Group" means Restated, Foundation Collective Limited, every other company in the same group, and the directors, officers, employees, contractors and suppliers of each of them.
1.3
Group protection. Every exclusion and limitation of liability in clause 14 applies to each member of our Group as fully as it applies to us. You agree to bring any claim connected with the service, the outputs or these terms against Restated alone, and not against any other member of our Group. Members of our Group may enforce clause 14 directly under the Contract (Third Party Rights) (Scotland) Act 2017 and, where relevant, the Contracts (Rights of Third Parties) Act 1999. No other person has any right to enforce these terms.
1.4
Assignment and novation. We may assign, transfer, novate or subcontract any of our rights or obligations under these terms to any member of our Group, or to anyone who acquires the Restated business or its assets, without needing your consent. Your rights are unaffected by such a transfer. You may not assign or transfer your rights without our written consent.
1.5
Business use only. The service is provided for business use. By accepting these terms you confirm that you are acting in the course of a business, trade or profession and not as a consumer, and that consumer protection law, including the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, does not apply to this agreement.
1.6
Authority. Whoever accepts these terms confirms that they are authorised to accept them on behalf of their organisation and to bind it. If you are an agency, consultancy or other intermediary acting for a client, clause 8.5 also applies to you.
2. The documents that make up this agreement
2.1
This agreement is made up of these terms, our data processing terms, our privacy notice, the plan description you selected at checkout, and any order form, statement of work or addendum we both sign.
2.2
Order of precedence. If those documents conflict, the following order applies, highest first: a signed order form or addendum, the data processing terms, these terms, the plan description, the privacy notice.
2.3
Changes to these terms. We may change these terms. For a change that materially reduces your rights or increases your obligations we will give you at least 30 days' notice by email to your account address or in the app, and the change takes effect at your next renewal. Continuing to use the service after a change takes effect means you accept it. If you do not accept it, cancel before it takes effect under clause 15.2. Every version is kept at this address with its effective date.
2.4
Acceptance record. We keep a record of who accepted which version of these documents, and when. That record is evidence of your acceptance.
3. Your account and your people
3.1
Access is by one-time code or single sign-on to a named email address. There is no password to share, and you must not attempt to share access to a single account between people.
3.2
You are responsible for everything done under your organisation's account, including by people you invite. Every person you invite is bound by these terms, and you are responsible for their acts and omissions as if they were your own.
3.3
Your plan sets the number of user seats and the monthly generation allowance. We may decline to add seats beyond your plan limit until you upgrade.
3.4
Tell us promptly at hello@foundationcollective.co.uk if you believe an account has been compromised, or if someone with access leaves your organisation.
4. Fees, payment and allowances
4.1
Subscriptions. Plans are billed in advance and renew automatically until cancelled. Card payments are taken monthly through Stripe. All fees are exclusive of VAT and any other applicable tax, which we add at the prevailing rate.
4.2
Annual and invoiced plans. Where we have agreed annual billing by invoice, payment is due within 30 days of the invoice date unless the order form says otherwise. We may charge interest on late payment at 4% a year above the Bank of England base rate, accruing daily, and we may recover reasonable recovery costs. Nothing in this clause limits our rights under the Late Payment of Commercial Debts (Interest) Act 1998.
4.3
No refunds for part periods. Cancellation takes effect at the end of the period you have paid for. We do not refund part months or part years, and we do not refund unused generation allowance, except where clause 15.4 applies.
4.4
Failed payment. If a payment fails we may suspend generation while the account is in arrears. If it stays unpaid for 14 days we may terminate under clause 15.3.
4.5
Price changes. We may change our prices on 30 days' notice, effective from your next renewal. Your remedy if you do not accept a price change is to cancel before it takes effect.
4.6
Allowances and fair use. Your plan carries a monthly generation allowance. Unused allowance does not roll over. Where use materially exceeds your allowance, or places disproportionate load on the service, we may throttle generation, ask you to upgrade, or charge for the excess at our then-current rates, having first given you notice.
4.7
Promotions. Introductory or discounted pricing applies for the stated period only, after which the standard price for your plan applies.
5. What the service is, and what it is not
5.1
Restated is software. It uses artificial intelligence to produce drafts: documents, decks, artifacts, images, strategies, text and similar material ("Outputs"), built from the brief and the materials you provide. It is not an agency service, and using it does not create a professional adviser relationship of any kind.
5.2
Outputs are drafts. AI systems make mistakes. Outputs may be inaccurate, incomplete, out of date, internally inconsistent, or confidently wrong. In particular, figures, statistics, dates, financial values, technical specifications, quotations, named individuals, citations and factual claims may be wrong even when they are presented with apparent precision.
5.3
Your review obligation. You must review every Output, and verify every figure, claim, quotation and attribution in it against your own records, before you rely on it, share it outside your organisation, or publish it. This is an obligation, not a recommendation.
5.4
Assistive features are not verification. Features such as the evidence ledger, source marks, claims audit and design critique are aids to your own review. They flag what we can detect. They are not a warranty of accuracy, they do not verify anything against the outside world, and they do not move responsibility for an Output from you to us.
5.5
You are the publisher. You decide what to publish and you publish it. You are responsible for the legality, accuracy and regulatory compliance of everything you publish, including under advertising and marketing rules, financial promotion rules, listing and disclosure obligations, environmental and sustainability claims guidance, and any sector rules that apply to you.
5.6
No advice. Outputs are not legal, financial, investment, tax, medical, engineering, safety or other professional advice, and must not be used as a substitute for advice from a qualified professional.
5.7
Outputs are not unique. Generative systems produce similar results from similar inputs. We do not warrant that an Output is unique, original, or that it does not resemble material produced for someone else or material owned by a third party.
6. Your materials
6.1
"Your Materials" means everything you or your people put into the service: briefs, documents, brand assets, images, data, strategy content and instructions.
6.2
You keep ownership. You keep all intellectual property rights in Your Materials. Nothing in these terms transfers them to us.
6.3
Licence to us. You grant us and our Group a non-exclusive, worldwide, royalty-free licence to host, copy, store, transmit, extract, analyse, adapt and display Your Materials for as long as we need to in order to provide the service to you, to support you, and to keep the service secure and working. We do not use Your Materials to train artificial intelligence models, and we do not license them to anyone else for that purpose.
6.4
Your warranties. You warrant that, for everything you put into the service: you own it or have all rights and permissions needed to use it in this way and to grant the licence in clause 6.3; it does not infringe anyone else's rights; it is not unlawful; and you hold all consents, releases and permissions required for any identifiable individual who appears in it, including for photography, film and voice recordings, and for the processing of their personal data.
6.5
Sensitive data. Do not upload special category personal data, criminal offence data, payment card data, or anything subject to export control or classification restrictions, unless we have agreed it in writing in advance.
6.6
Indemnity. You will indemnify us and our Group against all losses, liabilities, costs and expenses (including reasonable legal costs) arising from any claim relating to Your Materials, to your use or publication of Outputs, or to your breach of clauses 6.4, 6.5 or 8.
6.7
Removal. We may remove or refuse to process anything we reasonably believe breaches these terms, and will tell you when we do so unless we are prevented by law.
6.8
Retention. Documents you attach to a generation are extracted to text for that job and purged within 48 hours. Your library, brand materials and Outputs remain under your organisation's control until you delete them or the account closes. Full detail is in the privacy notice.
7. Intellectual property
7.1
Ours stays ours. We and our licensors own all intellectual property rights in the service and everything behind it, including the platform and its source code, the generation engine, the prompt and skill architecture, the Restate Framework methodology, the brand skills and templates authored by us or by Foundation Collective, the evidence and claims systems, our designs, and every improvement to any of them. Nothing in these terms transfers any of it to you.
7.2
Outputs are licensed to you. We own the intellectual property rights in the Outputs, to the extent such rights exist and are capable of ownership. We grant you a perpetual, irrevocable, worldwide, royalty-free, non-exclusive licence to use, copy, adapt, translate, publish, distribute and display the Outputs for your own business purposes, including commercial marketing and communications, and to sub-license those rights to companies in your group and to agencies and contractors acting for you.
7.3
What the licence does not allow. The licence in clause 7.2 does not permit you to sell or license Outputs as a standalone product or service, to use Outputs or the service to build or improve a competing product, or to use Outputs, prompts, skills or any part of the service to train, fine-tune or evaluate an artificial intelligence model.
7.4
The licence survives. The licence in clause 7.2 continues for Outputs generated during your subscription even after this agreement ends, provided you have paid all fees due for the period in which they were generated.
7.5
Brand skills. Where we or Foundation Collective author a brand skill for your organisation, that skill and its structure remain ours. When this agreement ends you keep Your Materials and the Output licence, but you do not receive the skill itself.
7.6
Assignment by agreement. If your procurement requires you to own the Outputs outright rather than to hold the licence in clause 7.2, we can agree an assignment in a separate signed addendum. Ask us at hello@foundationcollective.co.uk.
7.7
Feedback. If you give us feedback or suggestions about the service, we may use them without restriction or payment. You are not obliged to give us feedback.
7.8
Our brand. You may not use the Restated or Foundation Collective names, logos or marks without our written consent, except to say factually that you use the service.
8. Acceptable use
You must not use the service, or allow it to be used:
8.1
Unlawful or harmful content. to produce or publish anything unlawful, infringing, defamatory, harassing, discriminatory, obscene, threatening or deceptive; to impersonate any person or organisation; to misrepresent the products, people or performance of a competitor; or to make claims, including environmental, safety or performance claims, that you know or suspect to be false or misleading.
8.2
Interference and extraction. to reverse engineer, decompile or attempt to derive the source code, prompts, skills or model instructions behind the service; to scrape or access it by automated means outside an interface we document; to probe or test its security; to circumvent seat limits, allowances or access controls; or to remove or obscure any proprietary notice.
8.3
Model training. to train, fine-tune, benchmark or evaluate any artificial intelligence model, whether using Outputs, prompts, skills or any other part of the service.
8.4
Resale. to provide the service, or generation capacity, to any third party as a service of your own, except as clause 8.5 allows.
8.5
Agencies and intermediaries. If you use the service to produce material for your own clients, you must set up a separate organisation for each client as we direct, you warrant that you have each client's authority to use their brand materials and to publish on their behalf, and you remain fully liable to us under these terms for all use of the service in those organisations.
8.6
Security and sanctions. to introduce malicious code; to interfere with other customers; or in breach of applicable sanctions, export control or anti-bribery law.
8.7
Enforcement. We may investigate suspected breaches of this clause, remove offending content, suspend access under clause 15.3, and report unlawful activity to the authorities. Breach of this clause 8 is a material breach of these terms.
9. Third parties and AI providers
9.1
The service depends on third-party providers, including our AI provider, our hosting, database, email and payment providers. They are listed, with the purpose and location of each, in the privacy notice.
9.2
AI providers change their models. A change in model behaviour, tone or capability, or the withdrawal of a model, is not a breach of these terms by us, and we may substitute a comparable model. We will not make a change we expect to materially reduce output quality without good reason.
9.3
Where you connect a third-party service to Restated, your use of that service is governed by its own terms, and we are not responsible for it.
10. Availability, support and change
10.1
We will provide the service with reasonable skill and care, and we aim to keep it available at all times, but self-serve plans carry no uptime commitment and no service credits. Generation is a queued, long-running process, and completion times vary with load, complexity and provider capacity.
10.2
We may carry out maintenance, and will try to schedule anything disruptive outside UK business hours where we reasonably can.
10.3
Enterprise commitments. Uptime commitments, support response times and priority capacity are available under a signed order form.
10.4
Beta features. Features labelled beta, preview or experimental are provided as is, may change or be withdrawn without notice, and are excluded from any commitment in this clause 10 and from clause 13.1.
10.5
Changes to the service. We develop the service continuously and may add, change or remove features. If we intend to remove a feature you materially rely on, we will give you at least 30 days' notice, and you may cancel under clause 15.2 if the removal materially reduces the value of your plan.
11. Confidentiality
11.1
Each party will keep the other's confidential information confidential, use it only for the purposes of this agreement, and protect it with at least reasonable care. This obligation lasts for three years after the information is disclosed.
11.2
Our confidential information includes the prompt and skill architecture, the content of brand skills, our pricing other than published prices, and the non-public detail of how the generation engine works.
11.3
These obligations do not apply to information that is public through no breach of this clause, was already lawfully known, is independently developed, or must be disclosed by law or a regulator, in which case the disclosing party will give notice where it lawfully can.
12. Data protection
12.1
Each party will comply with the UK GDPR, the Data Protection Act 2018 and, where it applies, the EU GDPR.
12.2
For Your Materials and the personal data in them, you are the controller and we are the processor. Our data processing terms form part of this agreement and set out what we do with that data, the security measures we apply, our use of subprocessors, and how international transfers are protected.
12.3
For account, billing and support data we are the controller, as described in the privacy notice.
12.4
You are responsible for having a lawful basis for the personal data you put into the service, and for giving the people concerned any privacy information they are entitled to.
13. Warranties and disclaimers
13.1
We warrant that we will provide the service with reasonable skill and care, and that we have the right to grant the licence in clause 7.2.
13.2
Everything else is excluded. Except as clause 13.1 states, and to the fullest extent the law allows, the service and the Outputs are provided as is, and we exclude all other terms, warranties, conditions and representations, whether express or implied by statute, common law or otherwise, including any implied term as to satisfactory quality, fitness for a particular purpose, accuracy, completeness, originality, non-infringement, or that the service will be uninterrupted or error free.
13.3
We do not warrant that Outputs will achieve any commercial result, win any bid, meet any regulatory standard, or be accepted by any third party.
14. Limitation of liability
This clause allocates risk between us. Read it carefully. It is reflected in the price you pay.
14.1
What we never exclude. Nothing in this agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded or limited.
14.2
Losses we are not liable for. Subject to clause 14.1, we are not liable, whether in contract, delict, tort, negligence, breach of statutory duty or otherwise, for: loss of profit, revenue, business, contracts, opportunity, anticipated savings, goodwill or reputation; wasted expenditure or management time; loss of or damage to data; the cost of procuring substitute services; or any indirect or consequential loss. This applies whether or not the loss was foreseeable and whether or not we were told it was possible.
14.3
AI-specific exclusions. Subject to clause 14.1, we are not liable for loss arising from: an inaccuracy, omission or fabrication in an Output; your reliance on an unverified figure, claim, quotation or citation in an Output; anything you publish or send to a third party; a claim that an Output infringes someone else's intellectual property rights; your failure to review an Output as clause 5.3 requires; or the act, omission, unavailability or change of an AI provider.
14.4
The cap. Subject to clause 14.1, our total liability for all claims arising in any 12-month period, taken together, is limited to the total fees you actually paid us in the 12 months immediately before the first event giving rise to the claim. Where no fees have been paid, that cap is £100.
14.5
One cap for the whole group. The cap in clause 14.4 is a single aggregate cap that applies to us and every member of our Group together, not one cap for each of them.
14.6
Time limit for claims. You must notify us of any claim within six months of becoming aware of the circumstances giving rise to it, and must begin proceedings within 12 months of that date, failing which the claim is barred.
14.7
Reasonableness. We each agree that the exclusions and limitations in this clause are reasonable, having regard to the fees, the nature of AI-generated drafts, and your obligation under clause 5.3 to review Outputs before relying on them.
15. Term, suspension and termination
15.1
This agreement starts when you first accept it or first use the service, whichever is earlier, and continues until it is terminated.
15.2
Your right to cancel. You may cancel at any time from the billing area of the app, or by emailing hello@foundationcollective.co.uk. Cancellation takes effect at the end of the period you have paid for.
15.3
Our right to suspend or terminate. We may suspend your access immediately, in whole or in part, where fees are overdue, where we reasonably suspect a breach of clause 8, or where we reasonably believe suspension is necessary to protect the service, other customers or any person. We may terminate this agreement if you materially breach it and do not put it right within 14 days of our written notice, or immediately if you become insolvent, enter administration or liquidation, or cease to trade.
15.4
Our right to exit. We may terminate a self-serve subscription for convenience on 30 days' written notice, in which case we will refund a proportionate part of any fees you have paid for service you will not receive.
15.5
What happens on termination. Your access ends. Export anything you want to keep before the end date: we are not obliged to keep your content after it, and we delete it in line with the retention periods in the privacy notice. Fees already due remain payable. Clauses 6.6, 7, 11, 12, 14 and 16, and any other clause intended to survive, continue in force.
16. General
16.1
Entire agreement. This agreement is the whole agreement between us about the service. You confirm that you are not relying on any statement, representation, assurance or warranty that is not set out in it, whether made in a demonstration, proposal, sales conversation or marketing material. Nothing in this clause limits liability for fraudulent misrepresentation.
16.2
Publicity. Neither of us will use the other's name or logo publicly, or describe the work in a case study, without the other's prior written consent. Consent by email is enough.
16.3
No partnership. Nothing in this agreement creates a partnership, joint venture, employment or agency relationship between us.
16.4
Force majeure. Neither of us is liable for failure or delay caused by an event beyond our reasonable control, including failure of a third-party provider, power or network failure, industrial action, act of government, or armed conflict. The affected party will tell the other promptly and use reasonable efforts to work around it.
16.5
Notices. Notices to you are given by email to your account email address or by prominent notice in the app, and are treated as received the next working day. Notices to us must be sent to hello@foundationcollective.co.uk.
16.6
Waiver and severance. A delay in enforcing a right is not a waiver of it. If any provision is found unenforceable, it is modified to the minimum extent necessary, or severed, and the rest of the agreement continues in force.
16.7
Governing law and jurisdiction. This agreement, and any dispute or claim arising out of it or its subject matter, is governed by the law of Scotland. The Scottish courts have exclusive jurisdiction, and each of us submits to that jurisdiction.
Contact
Restated Ltd (company number SC790998), registered in Scotland. Registered office: 13 Corskie Park, Dunecht, AB32 7AE. Post and deliveries: Neo House, Riverside Drive, Aberdeen, AB11 7LH. Commercial, legal and data protection enquiries: hello@foundationcollective.co.uk.
Version history
| Version | Effective | Change |
|---|---|---|
| 1.0 | 17 August 2026 | First published version. |