General Terms and Conditions for Beta Testing

  1. QBROOT FINANCIAL SOLUTIONS PVT LTD , hence forth referred to by its trading name‘ Fintify’,  has developed a software application, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material (“Software”).

  2. Fintify desires that the Software be tested prior to general release.

  3. Licensee wishes to serve as a Beta tester for such Software;

NOW, THEREFORE, in consideration of the mutual covenants and premises herein contained, the parties hereto agree as follows:

  1. Fintify reserves the right to modify or terminate the Software or your access to the Software or the participation in our beta testers programme for any reason, without notice, at any time, and without liability to you.

  2. Fintify grants to Licensee a non-exclusive, non-transferable license to use the Software on a single computer / Device solely for Beta testing and Beta use from effective date of agreement to 45 days after official release date of the products(s), subject to the term and conditions below.

  3. In consideration for receiving a copy of the Software for testing, Licensee agrees to serve as a “Beta Tester” for the Software and will notify Fintify of all problems and ideas for enhancements which come to Licensee’s attention during the period of this Agreement, and hereby assigns to Fintify all right, title and interest to such enhancements and all property rights therein including without limitation all patent, copyright, trade secret, mask work, trademark, moral right or other intellectual property rights.

  4. Licensee agrees that Software is the sole property of Fintify and includes valuable trade secrets of Fintify. Licensee agrees to treat Software as confidential and will not without the express written authorization of Fintify:

    1. A. Demonstrate, copy, sell or market Software to any third party; or

    2. B. Publish or otherwise disclose information relating to performance or quality of the Software to any third party; or

    3. C. Modify, reuse, disassemble, decompile, reverse engineer or otherwise translate Software or any portion thereof.

  5. Software is prerelease code and is not at the level of performance or compatibility of a final, generally available product offering. Software may not operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn. Software is provided “AS IS” without warranty of any kind. The entire risk arising out of the use or performance of Software remains with Licensee. In no event shall Fintify be liable for any damage whatsoever arising out of the use of or inability to use Software, even if Fintify has been advised of the possibility of such damages.

  6. The Licensee upon completion of the Beta test agrees to provide material, statistics, or information that is not deemed confidential to Licensee for use in press releases, customer testimonials, and as a reference in marketing and sales initiatives by Fintify. Licensee will provide a quote to Fintify that may be used in a press release.

  7. This License Agreement shall be governed, construed and enforced in accordance with the laws of the United Kingdom. Any notice required by this Agreement shall be given by prepaid, first class, certified mail, return receipt requested to above address or such other address as may be given from time to time under the terms of this notice provision.

  8. This Agreement constitutes the entire and only agreement between the parties for Software and all other prior negotiations, representations, agreements, and understandings are superseded hereby. No agreements altering or supplementing the terms hereof may be made except by means of a written document signed by the duly authorized representatives of the parties.

  9. Licensee shall comply with all applicable federal, state and local laws, regulations, and ordinances in connection with its activities pursuant to this Agreement.

  10. Failure of Fintify to enforce a right under this Agreement shall not act as a waiver of that right or the ability to later assert that right relative to the particular situation involved.

  11. If any provision of this Agreement shall be found by a court to be void, invalid or unenforceable, the same shall be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement

  12. The information you send us will be deemed confidential, except as specified in clause 5. Fintify will make reasonable efforts to keep such information private, and will not sell it or disclose it to third parties, except with service providers as described in the privacy policy of our website,  or when required to do so by law.

  13. Fintify reserves the right to update these terms and conditions without prior notice. You agree that we may notify you of the Updated Terms by posting them on our website, and that your use of the Software after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Software.

  14. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Software from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.


Terms of Use

1. ABOUT THESE TERMS

1.1. These terms and conditions tell you the terms on which you may make use of:

1.1.1. the Fintify website, www.fintify.com ("our site" or the “Site”);

1.1.2. the Fintify Mobile Application (the "App"); and

1.1.3. the software applications hosted or made available by us, products, information and services available via our site and the App,

(together the "Service").

    1. These terms and conditions, together with the terms of our privacy policy (which may vary from time to time and which can be found at https://www.fintify.com (the "Privacy Policy") and any other policies referred to in them are incorporated into these terms and conditions (collectively, “the Terms”), and apply to your use of the Service. Please read the Terms carefully before you start to use the Service.

    2. By using the Service, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, please do not use the Service. The Privacy Policy sets out the terms on which we process any information that we collect from you or which you provide to us. By accessing the Service, you consent to such processing and warrant that all data provided by you is accurate.

    3. We may revise these Terms at any time by amending this page located at https://www.fintify.com  or by sending you a notification via the Service or email. Modifications will be effective from the point at which they are posted and you must comply with them. You must check this page from time to time to take notice of any changes made. If we make any significant changes to the Terms, we will notify you next time you visit our site or start the App.

    4. Your use of the App may be subject to the rules or policies applied by the appstore provider from whose site you download the App and you must comply with those rules and policies.

2. INFORMATION ABOUT US

2.1 The Service is owned and operated by Qbroot Financial Solutions Private Ltd. (referred to as “we”, “our”, “us”, “Fintify”).

2.2 We are a limited company registered in [England and Wales] : company reg. no. 10889448 and have our registered office and principal trading address at

4th Floor,Radius House, 51 Clarendon Road, Watford UK, WD17 1HP

2.3 If you have any concerns relating to these Terms or our privacy policy you may contact us by emailing us at support@fintify.com.

2.4 Using the Service doesn't affect your relations with your bank or other third parties.  

3. OVERVIEW OF THE SERVICE

31. The Service provides personal financial management information.

3.2. Via the Service, we may offer information relating to products and services offered by third parties ("Third Party Products") and provide links to the websites of third parties ("Third Party Sites") who offer such products.

3.3. You must be 18 years old to use the Service. By using the Service you warrant that you are at least 18 years old.

3.4. The Service relies on the following information:

3.4.1. information, content and other materials submitted by you via or in connection with your use of the Service (including your name, contact details, details of the accounts you hold and the passwords for those accounts); and

3.4.2. information held by the financial and banking institutions who provide you with accounts and whose details you submit via the Service (your "Account Providers"),

(together, the "User Information".)

3.5. We do not check the accuracy of the User Information and we rely on you and your Account Providers to ensure that the User Information is up to date and accurate.

3.6. To provide the Service we work with certain service providers (together "Service Providers"), including Yodlee Inc which provides facilities to allow us to collect and process your User Information.

3.7. You acknowledge and agree that the Service is not endorsed or sponsored by your Account Providers, the suppliers of Third Party Products or the operators of Third Party Sites.

3.8 We may cancel your User Account at any time if:

3.8.1 your User Account has been inactive for an extended period of time; or

3.8.2 you commit a serious breach of these Terms.

4. ACCESS TO THE SERVICE

4.1 We shall use commercially reasonable endeavours to make the Service available 24 hours a day, seven days a week, except for routine and emergency maintenance. However, access to the Service is not guaranteed, and we reserve the right to amend or withdraw the Service without notice.

4.2 From time to time, we may restrict access to some parts of the Service, or the entire Service, including to users who have registered with us.

4.3 You are responsible for making all arrangements necessary for you to have access to the Service (for example ensuring you have an available internet connection).

4.4 If you become a registered user of the Service and create an account (“User Account”) with us, you will require a valid email address and Mobile number and will be asked to enter a username, password and any other piece of information we deem necessary as part of our security procedures.

4.5 You agree that:

    4.5.1 you must only set up a single User Account;

4.5.2 you must keep all details and information that you use to set up the User Account (including your name, email address, telephone number and details of the accounts held with Account Providers) up to date and update it whenever necessary;

4.5.3 you represent and warrant that the information you provide accurately reflects your personal situation and does not in any way misrepresent your identity;

4.5.4 you represent and warrant to us that you hold the accounts registered with the Service and that you have all of the necessary powers and/or authorisations to authorise Fintify to provide the Service;

4.5.5 if you choose or are given a username and password for your User Account, these must be treated as confidential and not disclosed to any third party;

4.5.6 we have the right to disable any username or password, whether chosen by you or allocated by us, at any time;

4.5.7 we have the right to suspend or terminate yours or any other User Account at any time without informing you. We have no obligation to resume provision of the Service to you, if suspended or terminated;

4.5.8 you must have a valid email address registered with us at all times and if an email that we send to you should bounce for some reason, your User Account may be temporarily suspended until you contact us with a verifiable address; and

4.5.9 if you think that someone else may have access to, or be using, your password or User Account without your consent, you must tell us immediately by emailing us at support@fintify.com.

4.6 By creating a User Account you consent to receive regular communications from us regarding the Service. These communications will include important notifications, updates and information regarding the Site or the Service. If you do not want to receive communications regarding the Service, you must cease to use the Service and ask us to delete your account. You can request this by contacting us by email at support@fintify.com.

5. USER INFORMATION

5.1. You grant to us and our Service Providers a non-exclusive, royalty-free licence to use the User Information for all purposes connected with the Service or referred to in these Terms or the Privacy Policy, with the right to use, modify, display, distribute and create new material using or incorporating the User Information for those purposes (the "Permitted Uses").

5.2. You warrant that:

5.2.1. you own the User Information; or

5.2.2. you are entitled to authorise us and our Service Providers, without any time limit and without the payment of any fees, to use the User Information for the Permitted Uses.

5.3. Any User Information which you submit via or in connection with the Service must:

5.3.1. be accurate, complete and kept up to date;

5.3.2. comply with applicable law in the UK and any other country it originates from.

5.3.3. not be defamatory, deceptive or misleading;

5.3.4. not be harmful to the Service;

5.3.5. not infringe any copyright, database right or trade mark of any person; or

5.3.6. breach any legal duty owed to a third party, such as a duty of confidence.

5.4. By using the Service, you authorise us and our Service Providers as your representative on your behalf and in your name to:

5.4.1. access and retrieve User Information held by Account Providers (including to do all things necessary for that activity, such as accessing any third party internet sites, servers or documents on or in which such User Information is held); and

5.4.2. register on your behalf for accounts with Account Providers.

5.5. You agree that when we retrieve your User Information in the way described in paragraph 5.4, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.

5.6. You agree that we and our Service Providers may rely on the permissions, licences and authorisations set out in these Terms.

5.7. You agree that we will be entitled to disclose your identity and User Information to third parties if we are required to do so by any applicable law or court order.

5.8. We may, in our absolute discretion, remove all or any of your User Information from our site or the App.

5.9. As between us and our Service Providers, we control all of your User Information.

5.10 You must notify us immediately (at support@fintify.com.) if the data disclosed to us is lost, stolen or misused, or, more generally, if the data's confidentiality has been compromised in any way.

6. YOUR USE OF THE SERVICE

6.1 You may use the Service only for lawful purposes. In particular, you may not use the Service or allow any other person to use the Service:

6.1.1 in any way that breaches any applicable local, national or international law or regulation;

6.1.2 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

6.1.3 for the purpose of harming or attempting to harm any person in any way;

6.1.4 to send, knowingly receive, upload, download, use or re-use any material which is defamatory, contains any material which is obscene, offensive, hateful or inflammatory, promotes sexually explicit material, promotes violence, or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

6.1.5 to send, knowingly receive, upload, download, use or re-use any material which infringes any copyright, database right or trade mark of any other person;

6.1.6 to send, knowingly receive, upload, download, use or re-use any material which is likely to deceive any person, be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence, promote any illegal activity, be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety, be likely to harass, upset, embarrass, alarm or annoy any other person, be used to impersonate any person, or to misrepresent your identity or affiliation with any person, gives the impression that it emanates from us, advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or

6.1.7 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

6.2 You also agree:

6.2.1 not to reproduce, duplicate, copy or re-sell any part of the Service;

6.2.2 not to access without authority, interfere with, damage or disrupt:

  1. any part of the Service;

  2. any equipment or network on which the Service is stored;

  3. any software used in the provision of the Service; or

  4. any equipment or network or software owned or used by any third party;

6.2.3     not to reverse engineer or reverse compile any of the technology used to provide you with the Service, including but not limited to, any applications associated with the Service;

6.2.4 impersonate any other person or create a false identity via in connection with your use of the Service; or

6.2.5 not to do or say anything that would bring the Service or us into disrepute.

7. INTELLECTUAL PROPERTY RIGHTS

7.1 We are the owner or the licensee of all intellectual property rights in the Service, and in the material published within it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved and in no way transfer to legal entities or persons who obtain access to the Service. The provision of the Service shall not be construed as a transfer of ownership of any of our intellectual property rights to you.

7.2 You may print off, and may download extracts, of any page(s) from our Site for your personal use. You must not:

7.2.1 use any part of the Service for commercial purposes without obtaining a licence to do so from us or our licensors;

7.2.2 reproduce, forward, distribute or disseminate the content of the service or make it available to third parties in exchange for compensation, without prior written permission from Fintify;

7.2.3 modify the paper or digital copies of any materials you have printed off or downloaded in any way;

7.2.4 use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;

7.2.5 disassemble or attempt to reverse engineer any software in our website, except as permitted by law;

7.2.6 copy, distribute or communicate to the public content from our website or seek to copy, remove or alter any regulatory notices, trade marks, logos or business names from our website; or

7.2.7 use a program or application to scrape, copy or index the content from our website.

7.3 You must acknowledge our status (and that of any identified contributors) as the authors of material on our Site.

7.4 Where we have included one or more social sharing buttons next to content on this website, users may use those buttons to forward the relevant content for their personal, non-commercial purposes.

7.5 Any trademarks of products or services contained in or associated with the Services that do not belong to Fintify (Qbroot Financial Solutions Pvt Ltd) belong to their owners.

7.6 Any User Information that:

7.6.1 you post on or upload to any public areas of our site or the App; or

7.6.2 which is anonymous and does not relate to and identify you will not be considered to be confidential or as being your intellectual property and we and our Service Providers will be entitled to use it for any purpose in connection with our businesses.

8. LINKS TO AN FROM OUR SERVICE

8.1 You may link to our Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our website in any website that is not owned by you.

8.2 The website from which you are linking must comply in all respects with any content standards set out in these Terms. The Service must not be framed on any other site, nor may you create a link to any part of our website other than the home page.

8.3 Where the Service contains links to other sites and resources provided by anyone other than Fintify, these links are provided for your information only. If you choose to purchase Third Party Products or visit Third Party Sites, you may be subject to the terms and conditions and privacy policies of the relevant third party, over which we have no control.

8.4 We do not supply and we are therefore not responsible or liable for:

8.4.1 the advertisement, supply or non-supply of Third Party Products;

8.4.2 the content or availability of Third Party Sites; or

8.4.3 any content on our Site or the App which is posted or uploaded by third parties ("Third Party Content").

8.4. Your use of Third Party Sites or Third Party Content and your purchase of Third Party Products is at your discretion and risk. We do not recommend and have no control over Third Party Products, Third Party Sites or Third Party Content, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

[9. Paid for Services

9.1 We offer paid for services which include additional functionality for a subscription fee (“Paid for Services”). If you choose to upgrade to a Paid for Service, you will be charged for use of the Service in accordance with the payment page, your subscription choice and method of payment (“Payment Method”). All subscription fees are payable in advance. Subscription fees will be billed automatically to the Payment Method at the start of the monthly, annual period or other period, as applicable, and, unless stated as being a one-off fee, will auto-renew until your membership is terminated. Some Paid for Services may be paid for on your behalf (for example, your FA or your employer).

9.2 The renewal subscription fees will be the same as the initial charges unless you are otherwise notified in advance. You authorize Fintify to charge your Payment Method for the appropriate subscription charges and fees and for any other purchases you elect to make via the Service We reserve the right to increase membership fees or to institute new fees at any time upon reasonable notice posted in advance on the Service. Members changing from monthly to annual memberships will have the annual rates take effect at the beginning of the next billing date. If you upgrade your membership or add new categories of service to your account, such changes may result in a new billing date effective upon the date you elect such upgrade or addition. ALL PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR INITIAL OR ANY RENEWAL MEMBERSHIP PERIOD.

9.3 Whichever subscription option you choose, you may give notice to terminate your subscription at any time but you will not be refunded for any unused element of the relevant Paid for Service. For example, if you opt for a monthly subscription, you may give notice to terminate your subscription at any time but your subscription will terminate at the end of the month in which you give notice and you will not be refunded the charge for that month. If you opt for the annual subscription, you may give notice to terminate at any time but your subscription will terminate at the end of the year and you will not be refunded your annual subscription charge.

9.4 Your access to Paid for Services is subject to your payment of the relevant subscription fee. In the event that we are unable to debit payment from you, we may suspend your access to the Paid for Service until payment is made.

9.5 We may agree to provide you with a free trial to Paid for Services. On expiry of the trial, your subscription may automatically commence unless you have informed us that you do not wish to continue your subscription following the trial period.

9.6 A third party may pay us for your access to the Paid for Services (for an example, your employer or your FA). Your access to the Paid for Services may be suspended or terminated if such third party ceases to pay on your behalf.

10. Connected Accounts

10.1 In some areas of the Service, you have the ability to connect to your bank accounts and other accounts you hold with third party institutions (“Third Party Accounts”). This enables us to access and retrieve data from your bank and other accounts to populate areas of the Service with details from those Third Party Accounts.

10.2 By using the Service to connect to Third Party Accounts, you authorise us and Data Service Providers (on an ongoing basis unless and until you deactivate the connection) to access the relevant third party source, on your behalf and as your agent, to retrieve information requested by you or otherwise available from the Third Party Account. You agree that the bank or other institution providing the Third Party Account(s) shall be entitled to rely on the foregoing authorisation and that the Service is not endorsed or sponsored by any Third Party Account providers.

10.3 You may choose to access the Service or different versions of it through organisations other than Fintify who operate within the Fintify ecosystem (for example, your FA, your employer or a provider of your financial products) (“Third Party Members”). In order to engage with such Third Party Members, you may be required to accept additional terms and conditions which are specific to those Third Party Members.  

10.4 Fintify cannot be responsible for the accuracy of data it receives from the Third Party Accounts or Third Party Members and you must ensure that it is (and continues to be) accurate. If at any time you choose not to link to a Third Party Account or Third Party Members you will stop receiving information from that Third Party Account or Third Party Member (for example up-to-date valuations) which may affect elements of the Service (for example, financial projections). Fintify cannot be responsible for any inaccuracies caused by you no longer having access to data or by data not being up-to-date.

11. DISCLAIMERS

11.1 By accessing and using the Service, you acknowledge and agree that the Service is provided to you without charge and that, to the extent permitted by applicable law:

11.1.1 the Service is provided on an “as is” and “as available” basis;

11.1.2 you use the Service at your own risk and that you are fully aware of the characteristics, constraints, limits and risks of using the Services and you accept them;

11.1.3 we and our Service Providers disclaim all statutory or implied warranties, representations and conditions in relation to the Service including but not limited those as to quality, merchantability, fitness for purpose and non-infringement.

11.1.4 the content we provide to you via the Service is for information purposes only and should not be relied upon as advice;

11.1.5 Fintify shall have no liability to you for any damage resulting from accessing or using the Service;

11.1.6 neither we nor our Service Providers give any warranty that:

      1. the Service will meet your requirements

      2. the Service (or any content displayed on the Service) is or shall be error-free, uninterrupted, timely or secure;

      3. the results that may be obtained from the use of the Service will be accurate, valid, complete or reliable;

      4. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or

      5. any errors in the Service or the underlying technology will be corrected; and

11.1.7 no advice or information, whether oral or written, obtained by you in connection with the Service (whether from us, our Service Providers or any third party) will create any warranty which is not expressly stated in these Terms.

11.2 By accessing and using the Service, you acknowledge and agree that you are therefore solely responsible for the use and implementation of measures to secure, protect and safeguard your hardware, software and data. In this regard, you agree to take all appropriate measures to protect your own data. You expressly accept and acknowledge that you are responsible for the receipt or downloading of any content obtained through the Services application, and that you are fully liable for any damage or harm caused to your computer or mobile telephone system and for any resulting loss of data.

11.3 You agree to notify Fintify immediately (at support@fintify.com) of any defect you notice in your User Account and of any doubt you may have regarding possible unauthorized access to your User Account.

11.4 [Contributions, articles, commentary, charts, data visualisations and other materials posted within our Service are provided for general information only. Neither the Service nor the websites or documents to which the Service provides access contain an invitation to buy or sell securities or other financial products or services. Content within the Service is not, and should not be construed as, financial or other professional advice. You should not rely on the content within our Service as the basis for making a financial decision. The information offered is not intended to take the place of professional advice. Without verification or further advice, use of the information presented is at the user's own expense and risk. You should use your own judgment, and seek professional advice if appropriate. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any user of our Service, or by anyone who may be informed of any of its contents.

11.5 The Service is the Fintify functionality and the content in the Service made available by Fintify. If a third party is using the Service to perform functions or provide you with advice (for example, your Financial Adviser (“FA”) is providing you with financial advice), then that advice is a separate service provided by the FA and is not a part of the Service. Fintify has no responsibility for and is not liable for any advice or service provided by your FA or other third party.

12. LIABILITY

12.1 This clause sets out our entire financial liability (including any liability for the acts or omissions of our employees, agents and subcontractors) to you under or in connection with these Terms and the Privacy Policy, including your use of the Service.

12.2 Nothing in these Terms limit or exclude our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or any other liability we cannot legally limit.

12.3 You assume sole responsibility for results obtained from the use of the Service, and for conclusions drawn from such use. We shall have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to us by you or by Third Party Account providers or Third Party Members in connection with the Service.

12.4 We or, as the case may be, our Service Providers or web hosts and technology providers, will not be liable for any loss or damage resulting from:

12.4.1 the inaccuracy or non-compliance of the information, products or other content, including in particular the data you provide, concerning your accounts, budget, or assets;

12.4.2 your use of the information or decision support tools made available to you via the Services, as you will retain full responsibility for your decisions; or

12.4.3 the temporary or permanent unavailability of all or part of the Services or your User Account, problems relating to response times and, in general, defective performance.

12.5 We, our Service Providers or, as the case may be, our web hosts and technology providers, will not be liable for any loss or damage You may incur resulting from:

12.5.1 a fault on your part;

12.5.2 your non-compliance with these Terms or the Privacy Policy;

12.5.3 access to your data by a third party authorized by yourself;

12.5.4 your unauthorized or fraudulent use of the Services;

12.5.5 your breach of the confidentiality of your password; or

12.5.6 any products, data, information or services purchased or obtained, or any messages received or transactions carried out by or via the Services provided by us, our web hosts and technology providers, or our Service Providers;

12.6 Subject to paragraph 12.7, we shall not be liable to you, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for the following types of loss whether direct or indirect and howsoever caused:

12.6.1 loss of profit;

12.6.2 loss of goodwill;

12.6.3 loss of business;

12.6.4 loss of capital or business opportunity;

12.6.5 loss of return or anticipated saving;

12.6.6 loss or corruption of data or information (other than as detailed in clause 12.7);

12.6.7 any special, indirect or consequential damage or loss suffered by the other party;

12.6.8 losses that were not foreseeable to you and us when this contract was formed;

12.6.9 losses that were not caused by any breach on our part; or

12.6.10 losses to non-consumers.

12.7 Subject to the foregoing provisions and 12.8 below, our total aggregate liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with these Terms and the Service shall be limited to [£1,000] or the total subscription fees paid by you (if any), whichever is greater.

12.8 [We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with the Privacy Policy. Transmitting information via the internet is never completely secure. Although we will do our best to protect your personal data, the security of your personal data transmitted to us cannot be guaranteed. Any transmission is at your own risk. You acknowledge and agree that we shall not be responsible for any unauthorized use, distribution, damage or destruction of personal data, except to the extent we are required to accept such responsibility under data protection laws. Fintify is not liable for any breach of confidentiality of your personal data when this is due to your own actions, or any harmful consequences thereof irrespective of the type of loss or damage in accordance with the applicable legislation.

12.9 You must prove any loss that you claim against us and any claim for compensation must be sent to us within 12 months following the event at the origin of the loss.

12.10 We will not be liable if the Service or any content is unavailable at any time for any reason.


13. VIRUSES AND HACKING

13.1 You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful.

13.2 You must not attempt to gain unauthorised access to the Service, the server/servers on which the Service or any part of it is stored or any server, computer or database connected to the Service.

13.3 You must not attack the Service via a denial-of-service attack or a distributed denial-of service attack or in any other way.

13.4 By breaching this paragraph 13, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Service will cease immediately.

13.5 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any material posted on it, or on any website linked to it.

14. YOUR LIABILITY

14.1 You agree to indemnify us, our affiliates, our Service Providers and their affiliates against any and all claims, losses, damages, expenses and costs (including legal fees and expenses) arising out of or in connection with:

14.1.1 use of the Service by you or someone else using your User Account in breach of these Terms; or

14.1.2 any claim by a third party of infringement of third party rights,

except to the extent that we have breached these Terms.

14.2. You agree that we and our Service Providers will be entitled to benefit from and enforce your obligations under this paragraph 14.

16. GENERAL TERMS

16.1 These Terms comprise the entire agreement between you and us for the provision of the Service and supersede all prior or contemporaneous negotiations, discussions, representations or agreements, whether written or oral.

16.2 You agree that in using the Service you are not relying on any representation, promise, representation or statement not set out in these Terms. If you are relying on anything that is not set out in these Terms you should tell us before you start using the Service and, if we are not willing to change our Terms to incorporate the things you tell us about, you should not use the Service.

16.3 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the other provisions shall remain in force. The invalid or unenforceable provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

16.4 Nothing in these Terms shall give rise to any joint venture, partnership, or employment relationship between you and us.

16.5 Yodlee is a Services Provider, whose principal place of business is 3600 Bridge Parkway, Redwood City, California 94065 (Yodlee). Yodlee shall receive the benefit of, and be entitled to enforce, paragraph 14. Other than Yodlee and other Service Providers, these Terms do not confer any rights on any person or entity other than you and us.

16.6 No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

16.7 In these Terms, use of words such as "including" or "in particular" or "for example" denote that we are providing you with an example and the words that follow them will not limit the meaning of the general words that come before them.

16.8 In these Terms, where we refer to a person, we mean an individual or a company. Where we refer to a third party, we mean a person other than you or us.

16.9 We shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure result from events, circumstances or causes beyond our reasonable control.

17. JURISDICTION AND APPLICABLE LAW

17.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, use of our Service although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. If you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

17.2 These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

18. COMPLAINTS

18.1 Please notify us of a question, problem or complaint, because this gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve its service to you and other customers. Please contact us using the details below: support@fintify.com

18.2 Once we receive your complaint, we will promptly acknowledge the complaint via email and will investigate and send an initial response as soon as possible.

18.3 If you are unhappy with our response to your complaint, you may refer your complaint to the [Financial Ombudsman Service, who can be contacted by telephone on 0800 023 4567 or at www.financial-ombudsman.org.uk.]

19. POSTING CONTENT

19.1 We may allow you, and other users, to post content to publicly available areas of our site, such as our blog. If you do you are responsible for that content and grant to us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable and transferable licence to use, reproduce and create derivative content, in whole or in part and in any format and through any media channel, including social media.

19.2 You are not allowed to post any content that is libellous, defamatory, indecent, obscene, pornographic, harassing or otherwise offensive (in our opinion). You must not post content which would infringe the proprietary rights of any other person.

19.3 You must not abuse our facilities by soliciting for donations, signatures, sales or business opportunities or advertising or promoting any goods or services. You should respect other user’s privacy and must not copy personal or business information or attempt to contact any other user directly without their consent.

19.4 You agree we can edit for clarity or delete any content.





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