Legal
Last updated: 8 July 2026
These Terms and Conditions ("Terms") govern your access to and use of Prime Position, the platform and website at www.primeposition.ai, and any related pages, tools, resources or materials that link to these Terms. Prime Position is operated by David 2 Goliath Ltd. Please read these Terms carefully. By creating an account, starting a free trial, subscribing, or otherwise using Prime Position, you agree to these Terms. If you do not agree, you should not use Prime Position.
These Terms should be read alongside our Privacy Policy. Together they set out the basis on which we provide Prime Position to you.
David 2 Goliath Ltd ("D2G", "we", "us", "our") is a marketing, advertising, AI and lead generation agency working primarily with property professionals and related businesses. Prime Position is a product owned and operated by David 2 Goliath Ltd.
David 2 Goliath LtdThese Terms should be read together with our Privacy Policy, which explains how we handle personal data, and any cookie information we provide. If you enter into a separate written order form, proposal, statement of work or service agreement with us, those specific commercial terms will apply in addition to these Terms. If there is a conflict, the specific signed or accepted commercial terms will take priority for that service.
Where you upload personal data of third parties (for example prospect or customer data) into Prime Position and we process it on your behalf as a processor, our Data Processing Addendum applies automatically and forms part of these Terms. You do not need to request it separately. It sets out the subject matter, duration, nature and purpose of the processing, the categories of personal data and data subjects, our security measures, our use of sub-processors, breach notification, deletion or return of data, and the assistance we provide.
Prime Position is a business tool intended for UK estate and letting agents and related property professionals. You must be at least 18 years old and acting in the course of a business to use it. Prime Position is not intended for consumers acting outside their trade, business or profession. By subscribing, you confirm that you are entering into these Terms in the course of your business and not as a consumer.
You are responsible for the accuracy of the information you provide when you register and while you use the service, including your agency details and the scope of your business. If your subscription, plan or pricing depends on the size or structure of your business (for example a single-branch versus multi-branch operation), you must give accurate information. Providing false or misleading information to obtain access, a price, a trial or a benefit you are not entitled to is a breach of these Terms and may result in suspension, termination and recovery of any sums due.
You are responsible for keeping your login credentials secure, for all activity that occurs under your account, and for notifying us promptly of any unauthorised access or suspected security breach.
Prime Position is an AI-assisted social content tool that supports property professionals with scripts, captions, content ideas, shoot-ready scripts, content calendars and related strategy. You may use it for lawful business purposes only.
You must not:
Prime Position uses artificial intelligence and large language models to generate captions, content ideas, scripts, strategic recommendations, content calendars and other outputs. You acknowledge that the platform relies on AI and that AI-assisted outputs may contain errors, omissions, outdated information, unsuitable phrasing, platform risks, factual inaccuracies or unintentional similarity to existing published content.
We take measures to produce useful and original content, but we do not guarantee that outputs will be error-free, legally compliant, platform-compliant, original in every respect, suitable for every audience, or capable of producing any specific commercial result.
Prime Position does not provide legal, financial, tax, investment, property valuation, surveying, regulatory or other professional advice. Outputs are content suggestions only. Where your content touches on market commentary, valuations, fees, landlord or tenant obligations, or any regulated or compliance-sensitive matter, you are responsible for checking accuracy and obtaining professional advice where appropriate before you publish.
Prime Position outputs are intended to support human decision-making and creative oversight. You film and publish your own content. We do not film for you and we do not post on your behalf. You are responsible for:
You accept full responsibility for ensuring all content generated or assisted by Prime Position complies with the terms of service, content policies, community standards and automation rules of every platform where you publish, including Instagram, Facebook and Meta, YouTube, TikTok, LinkedIn and X.
Platform policies change regularly. We do not monitor platform updates and do not guarantee that outputs will comply with current platform policies. We accept no liability for account suspension, shadow-banning, content removal or other platform penalties resulting from your use of Prime Position outputs.
All intellectual property rights in Prime Position, including its brand, logos, copy, frameworks, strategy materials, prompts, processes, tools, templates, layouts, methods and generated content systems, belong to David 2 Goliath Ltd or our licensors unless stated otherwise. Nothing in these Terms transfers ownership of any D2G intellectual property to you.
You must not copy, modify, reproduce, distribute, sell, rent, licence, publicly display, commercially exploit, reverse engineer, scrape or create derivative works from our content or materials without our prior written permission.
Subject to your compliance with these Terms and payment of all fees due, the scripts, captions, content plans and other outputs that Prime Position generates specifically for you are licensed to you for your own business use. You may use, edit and publish them under your own brand.
You must not resell, redistribute, sublicense or present generated content as a standalone product or service, or as your own original work where this would mislead, without our written permission. Because outputs are produced using AI, we do not guarantee that they are wholly unique or free from unintentional similarity to existing published content, and we will not be liable for claims of plagiarism, copyright infringement or similarity arising from your publication of outputs where you have not carried out reasonable review before publishing.
The first 25 agents who join and subscribe to Prime Position after launch are eligible for the founding member rate of £97 per month, or £970 per year, fixed for 24 months from the date of their first paid subscription.
After 24 months, the subscription will renew at the standard rate in place at that time. We will give at least 30 days notice by email before any price change applies. Creating an account does not guarantee a founding member place. Founding places are allocated in order of subscription and are limited to 25 agents.
All prices shown on Prime Position are in pounds sterling and are the total amount payable. David 2 Goliath Ltd is not currently registered for VAT, so no VAT is charged on your subscription and prices do not include a VAT element.
If David 2 Goliath Ltd becomes registered for VAT in the future, VAT at the prevailing standard rate (currently 20%) will be added to our prices, increasing the total amount payable. We will give you at least 30 days notice by email before any such change takes effect. Where a fixed or founding member rate applies, that rate is fixed exclusive of VAT. Any VAT that later becomes chargeable will be added on top of the fixed rate and is not covered by the rate lock.
Referral credit and other account credits are stated inclusive of any applicable VAT. While we are not VAT registered, no VAT applies to them. Following any VAT registration, credits will be treated in line with our standard VAT treatment of account credits, and the VAT position of any invoice against which a credit is applied will be calculated accordingly.
Prime Position is a subscription service. Subscriptions are billed in advance, either monthly or annually depending on the plan you choose, and renew automatically at the end of each billing period using the payment method on file, until you cancel.
Payments are processed by our payment provider, Stripe. By subscribing you authorise us to charge the applicable fees to your payment method on a recurring basis. If a payment fails, we may attempt to take payment again over a period of up to two weeks. If the payment remains unpaid, the subscription is cancelled and access is withdrawn. You can change between monthly and annual billing, and update your payment method, at any time from the billing portal.
We may offer a two-week free trial, which does not require a card. The trial gives limited access to the service. Your paid subscription begins only when you choose to subscribe and provide a payment method. If no payment method is added by the end of the trial, the account is simply cancelled and you are not charged.
The trial is offered once per agent and per business. Creating multiple accounts, or misrepresenting your business, to obtain repeated or extended trials or benefits is a breach of these Terms. Trial use is subject to fair-use limits on the volume of content that can be generated.
Where the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 apply to your purchase, you may have a legal right to cancel within 14 days of entering into the contract and to receive a refund.
Prime Position is supplied as digital content and an online service. If you ask us to begin providing the service immediately (for example by starting to use the platform within the 14-day period), you acknowledge and agree that you will lose your right to cancel under those Regulations once the service has been fully provided, and that to the extent the service is provided during the cancellation period you may be charged for what you have received. Where you start a no-card free trial, no payment is taken until you choose to subscribe.
All fees are non-refundable. We do not offer refunds for any unused or part-used billing period, including where you cancel partway through a period, downgrade your plan, or stop using the service. When you cancel, you retain access until the end of the period you have already paid for, and no money is returned for the remainder.
This applies to cancellations you initiate. Where we end your subscription, by suspending or terminating it under section 24 or by declining at our discretion to continue to provide the service, we will refund the unused portion of your then-current billing period to the payment card you used to pay. You do not need to request this refund.
Nothing in this section affects any statutory rights you may have where those rights apply and cannot lawfully be excluded, including any cancellation right described in section 14.
Any discount, reward, promotional offer, referral benefit or loyalty credit is applied only as a reduction or credit against a future invoice. Discounts and rewards come off your next bill as standard.
No discount, reward or credit has any cash value and will never be paid out as money. Nothing earned or granted under any reward, loyalty or referral arrangement is redeemable for cash or transferable to another person or account. If you cancel, any unused discount, reward or credit is forfeited and is not refundable.
We may operate a referral scheme, the Founders Referral Programme, that lets paying members invite peers to Prime Position. The scheme is a promotional benefit, not a contractual entitlement. We may vary, suspend or withdraw it at any time, and any credit under it confers no debt owed by us and no creditor claim of any kind.
Eligibility. The scheme is open to active, paying Prime Position members. You must hold a current paid subscription at the point a reward is issued.
Qualifying referral. A referral qualifies when a genuinely new customer signs up through your unique referral link and completes their first successful payment. Self-referrals, existing or former accounts, and duplicate accounts do not qualify. Attribution is recorded only through your unique referral link, and only where signup is completed within 14 days of the link being clicked.
Reward and cap. The reward, and the number of qualifying referrals you may earn it on, depend on your own plan at the point each reward is issued. Founding Members earn £97 in account credit per qualifying referral, up to a maximum of three referrals (£291 in total). Standard members earn £147 in account credit for one qualifying referral (£147 in total). The cap is based on paid conversions, not the number of invitations sent.
How credit is applied. Credit is applied automatically to your next subscription invoice. For monthly members it draws down across subsequent monthly invoices; for annual members it is applied against the next annual invoice.
Holding period. Credit is earned on the referred customer's first successful payment and held as pending. It becomes spendable only after the referred customer has remained active beyond their 14-day cancellation window.
Nature of the credit. Referral credit is account credit only. It has no cash value, is not exchangeable for cash, and is not refundable. It is non-transferable and non-assignable, and is tied to the account that earned it. It is redeemable solely against future Prime Position subscription invoices. Unused credit is forfeited on cancellation or termination of the account.
Clawback and reversal. If a referred customer refunds, cancels within their cancellation window, or initiates a chargeback at any time, the corresponding credit will be automatically cancelled or reversed and your referral count adjusted accordingly. Where a reversal occurs after credit has become spendable, we may recover the amount from your balance or your next invoice. We will notify you by email of any reversal.
Sending invitations. Invitations are composed within the platform but sent by you from your own email account or messaging apps. We do not send them. You are responsible for whom you contact and for ensuring you have an appropriate basis to contact them. You must not use the referral scheme to send unsolicited or bulk marketing, or to contact people in breach of the Privacy and Electronic Communications Regulations (PECR), UK GDPR or any other applicable direct-marketing or anti-spam rules. Invitations should go only to peers you would reasonably contact yourself.
Anti-abuse. We may withhold or reverse credit, and suspend you from the scheme, where we detect fraud, manipulation or abuse.
You may cancel your Prime Position subscription at any time from your account settings or by contacting us at support@primeposition.ai. Cancellation takes effect at the end of your current billing period, and you keep access until then. We do not offer refunds for partial periods (see section 15).
After cancellation we may delete your account and the content and data associated with it. Generated scripts, captions, content plans and other materials are not retained indefinitely and are usually deleted or anonymised within 30 days of cancellation, except where we must keep records longer for legal, accounting, tax or dispute-resolution reasons. Retention periods by data type are set out in our Privacy Policy. If there is content you wish to keep, you should export or save it before you cancel. To the fullest extent permitted by law, we are not liable for any loss of content or data following cancellation of your account. Our handling of personal data is described in our Privacy Policy.
We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR), the Data Protection Act 2018 and applicable data protection laws. For account registration, billing, analytics, marketing and administration, we act as an independent data controller. Where you upload prospect data, customer data or other personal data into Prime Position for us to process only on your instructions, we act as a data processor for that specific data, and you remain responsible for ensuring you have the lawful basis, notices and permissions to provide it.
Prime Position uses third-party sub-processors to deliver the service, including Supabase, Anthropic, Stripe, Resend, PostHog and Vercel. Full details of what we collect, how we use it, our lawful bases and your rights are set out in our Privacy Policy.
Any marketing information, case studies, examples or projections on our website or within Prime Position are provided for general information only. Social media and marketing results vary depending on many factors, including market conditions, content quality, posting consistency, audience quality and your own execution.
We do not guarantee follower growth, engagement, leads, valuations, instructions, sales or any specific business outcome from using Prime Position.
Prime Position depends on third-party infrastructure, AI services and payment processors beyond our direct control, including those named in section 19. We aim to keep the platform available but do not guarantee uninterrupted access, error-free operation, or compatibility with every device or browser. We may update, suspend, withdraw, replace, restrict or discontinue any part of the platform at any time. We will not, however, materially reduce the core paid functionality of your current plan without giving you reasonable notice, except where a change is required for security, legal, regulatory, operational or third-party provider reasons.
If a third-party provider experiences downtime, failure or a security issue, Prime Position may become unavailable or disrupted. Unless a separate written agreement states otherwise, no service credits, refunds or compensation are payable for downtime, maintenance, third-party failures, or any unavailability beyond our direct control.
We use appropriate technical and organisational measures to protect the platform, but we do not guarantee that it will always be secure or free from bugs, viruses or harmful components. You are responsible for using your own device security, keeping your credentials secure, and notifying us of any unauthorised access. You must not knowingly introduce harmful technology to the platform or attempt to disrupt it.
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
Subject to that, and to the fullest extent permitted by law, David 2 Goliath Ltd will not be liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, business, opportunity, goodwill, anticipated savings, reputation, data or wasted advertising spend, arising from your use of Prime Position.
To the extent that liability cannot be excluded, our total liability to you in connection with Prime Position shall not exceed the greater of the total fees you have paid us in the 12 months preceding the claim, or £500.
We may suspend or terminate your access to Prime Position immediately and without notice if payment is overdue or fails, if you breach these Terms, if content generated or assisted by the platform poses a legal, regulatory, platform or reputational risk, if you attempt unauthorised access, or if your account is used for illegal, fraudulent, abusive or competing purposes. On suspension or termination, your access will be revoked, any payment already due for a period we have already provided remains payable, and data may be retained for legal and compliance purposes or deleted at our discretion.
We also reserve the right to decline to provide, or to withdraw, the service to any person at our discretion, for example where we reasonably consider that continuing to provide it would not be appropriate. Where we suspend or terminate a paid subscription, whether under this section or at our discretion, we will refund the unused portion of your then-current billing period to the payment card you used to pay. This does not affect any statutory rights you may have.
You agree to indemnify and hold harmless David 2 Goliath Ltd, its directors, employees, contractors and partners from and against any losses, claims, damages, costs, expenses or liabilities arising from your misuse of the platform, your breach of these Terms, your infringement of our or any third party's rights, publication of content based on outputs you have failed to review or fact-check, breach of platform policies arising from your use of outputs, contacting people through the referral scheme without an appropriate basis, or any claim arising from data you have uploaded to Prime Position.
We may update these Terms from time to time to reflect changes in law, our services, new features or other operational requirements. We will give you at least 14 days notice of any material changes by email and update the date at the top of this document. Continued use of Prime Position after that date constitutes acceptance of the updated Terms.
If a dispute arises, you and we agree to attempt to resolve it by good-faith negotiation before starting formal proceedings. Either party may suggest mediation through a recognised provider such as CEDR (Centre for Effective Dispute Resolution). Mediation is encouraged but is not a precondition to bringing a claim, and nothing in this section prevents either party from seeking urgent injunctive relief or debt recovery.
These Terms, together with our Privacy Policy and any commercial terms you accept, form the entire agreement between you and us about Prime Position and replace any earlier understanding on that subject.
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force, and the invalid part will be applied so far as possible to the closest lawful effect of the original.
If we do not enforce a right under these Terms on any occasion, that is not a waiver of that right and does not prevent us from enforcing it later.
You may not assign or transfer your rights or obligations under these Terms without our written consent. We may assign, transfer or subcontract ours to another David 2 Goliath group company or to a buyer of the relevant business, provided this does not reduce your rights under these Terms.
These Terms do not create any right enforceable by any person who is not a party to them under the Contracts (Rights of Third Parties) Act 1999.
We are not liable for any failure or delay in performing our obligations that is caused by events beyond our reasonable control, including failures of third-party providers, network or hosting outages, or other force majeure events.
We will send any notices to the email address registered on your account, and you can reach us at support@primeposition.ai.
These Terms are governed by the laws of England and Wales. The courts of England and Wales have exclusive jurisdiction over any dispute or claim arising from or relating to these Terms or Prime Position. If you are based outside England and Wales and your local law gives you mandatory rights or protections that cannot be excluded, those will apply to the extent of any conflict.
If you have any questions about these Terms, or wish to cancel or raise a concern, please contact us at support@primeposition.ai, or see our contact page.
David 2 Goliath Ltd | Registered in England and Wales | Company no. 15811179 | support@primeposition.ai | Privacy Policy