End-User Terms of Service
TrueLayer (Ireland) Limited
Dated: 11 Oct 2021
Welcome to TrueLayer!
Who we are
TrueLayer is authorised as a payment institution by the Central Bank of Ireland ("CBI") under the European Union (Payment Services) Regulations 2018 (C-Code/Institution Code: C433487) and is listed in the CBI’s Register of Payment Institutions. Our VAT registration number is IE3716699TH.The CBI’s contact details are as follows:
- Central Bank of Ireland
- PO Box 559
- New Wapping Street,
- North Wall Quay,
- Dublin 1
- D01 F7X3
- E-mail: [email protected]
- Lo-Call: 1890 777 777
- Phone: +353 (0)1 224 5800
What we do and how we do it – Payment Initiation Services
Terms applicable to Payment Initiation Services onlyWhen TrueLayer is integrated with a Partner’s website or application that you wish to use, TrueLayer can provide you with regulated Payment Initiation Services ("PIS").With your consent, and at your instruction, we instruct your payment account provider (e.g. your bank or credit card issuer) (“Payment Account Provider”) to make a payment or payments from your selected payment account (your “Payment Account”) to your chosen recipient. When you want to make a payment using PIS, we will redirect you to your Payment Account Provider so you can provide them with your login and security credentials ("Credentials") and undergo authentication with them. We will never ask you to share your Credentials with us. The Payment Account Provider will only act on the instruction to make the payment after you give them your Credentials and successfully authenticate with them.When you choose to make a payment using our PIS product you will be directed to a page to select your Payment Account Provider and Payment Account from which you wish to make the payment. By selecting your Payment Account Provider and Payment Account, you consent to use the PIS product and instruct TrueLayer to initiate a payment of your chosen amount to your chosen recipient, details of which will be clearly displayed on the account selection page. Please note that the consent you provide in accordance with these Terms is a "single use" consent for the initiation of a single payment transaction. If you wish Truelayer to provide you with additional PIS, you will need to provide Truelayer with a new consent and instructions to provide your payment account provider with a new payment instruction.After you select your Payment Account Provider and Payment Account, TrueLayer will redirect you to your Payment Account Provider (either on a web browser, or your banking mobile application) who will ask you for your Credentials, which may include two factor authentication (e.g. a password and biometric credential such as a fingerprint).Neither TrueLayer nor the Partner will be able to see or access your Credentials at any time. Once your Payment Account Provider has confirmed authentication, we will instruct your Payment Account Provider to make a payment in accordance with your instructions (a “Payment Order”).Once you have authorised the payment with your Payment Account Provider, funds will usually leave your Payment Account immediately and, at the latest, within two hours. We or the Partner will confirm the successful initiation of a Payment Order together with a transaction identifier for you to identify the payment transaction together with the amount of the payment transaction. Please note that your Payment Account Provider (and not TrueLayer) is responsible for executing the payment transaction. We will not charge a fee for providing this Payment Initiation service. However, fees may be charged by your Payment Account Provider in connection with your use of this Payment Initiation Service in accordance with your Payment Account Provider's terms and conditions.If we believe that the conditions set out in these Terms are not satisfied, or if it would be unlawful to initiate a Payment Order, we may refuse to do so. If we refuse to initiate a Payment Order, we or the Partner will notify you through the app or service you are using, unless the law prevents us from doing so.
What we do and how we do it – Account Information Services
Terms for Account Information Services onlyThe following terms are a legal agreement between you and us for the provision of Account Information Services (AIS) and will govern your use of our AIS. To use this service, you must be at least 18 years of age and resident in the EEA. We may also undertake identity verification checks in order for you to receive AIS.Account Information Services: We provide regulated account information services ("AIS"), including through our Partners. We enable you to:
- access and view information relating to your Payment Accounts (“Account Information”), including through our Partners’ apps or websites, in a consolidated form; and
- Presenting your payment account information in relation to your payment accounts held with one or more banks (ASPSPs) in a single place. We can present the payment account data back to you via our Partner's app or website.
- Sharing data with another business at your instruction. At your instruction we will share your account information with our Partner, or another business, who will use your account information to provide a service that you have agreed to use (such as a credit reference service, or an affordability check).
- access the Payment Account(s) and Account Information that you have selected, including, where relevant, when you do not actively request such Account Information (i.e. when you are not actively viewing the data or requesting a refresh of the data) and storing the Account Information temporarily before sharing it with any Partners or third parties you have selected. Any such copy of the data is permanently deleted by TrueLayer after one (1) hour; and/or
- provide that Account Information to you and share it with any Partners or third parties you have selected and instructed us to share data with.
What we do and how we do it – Verification Services
Terms applicable to Verification Services onlyWe may provide you and a Partner with our verification service (“Verification Services”) which will enable you to share data obtained through the regulated AIS service described above with us to enable us to verify your identity on behalf of the Partner. For the purposes of this Verification Service, the terms set out in “Account Information Services” above will apply in addition to those in this “Verification Services” section.In order to use our Verification service, the consent that you provide as part of the AIS Service will permit;
- the sharing of the relevant Account Information with TrueLayer and the Partner; and
- TrueLayer to use that data for the purposes of verifying your identity against a separate set of data provided by the Partner.
What we do and how we do it – Merchant Services
Terms applicable to Merchant Services onlyWe may provide a Partner with a merchant checkout service (the "Merchant Services") that lets you pay the Partner for online products and services from your Payment Account. As part of making the payment, you will use our regulated PIS to make a payment directly from your Payment Account to the Partner.If you are purchasing products or services from or through a Partner who has integrated with our Merchant Services and you select to pay via PIS, you will be directed to a page where you will be able to select the Payment Account Provider and Payment Account from which you wish to make payment. By selecting a Payment Account Provider, you provide your consent and instruct TrueLayer to initiate a payment via PIS (i.e. submit an instruction to your Payment Account Provider to make a payment) to TrueLayer for a specific amount (which will be clearly displayed in the account selection page). After you select your Payment Account Provider and Payment Account, we will redirect you to your Payment Account Provider for you to provide them with your login and security credentials ("Credentials") and undergo authentication with your Payment Account Provider, which may include two factor authentication (e.g. a password and biometric credential such as a fingerprint). We will never ask you to share your Credentials with us and neither TrueLayer nor the Partner will be able to see or access your Credentials at any time.Please note that the consent you provide in accordance with these Terms is a "single use" consent for the initiation of a single payment transaction. If you wish Truelayer to provide you with additional PIS, you will need to provide Truelayer with a new consent and instructions to provide your payment account provider with a new payment instruction.Once your Payment Account Provider has confirmed authentication, we will instruct your Payment Account Provider to make a payment to the Partner (via Truelayer) in accordance with your instructions. No further payments will be initiated by TrueLayer in respect of payments to the Partner (or executed by your Payment Account Provider to the Partner), unless you repeat the steps to make a further purchase.Once you have authorised the payment with your Payment Account Provider, funds will usually leave your Payment Account immediately and, at the latest, within two hours. We will confirm the successful initiation of a Payment Order together with a transaction identifier for you to identify the payment transaction together with the amount of the payment transaction. Please note that your Payment Account Provider (and not TrueLayer) is responsible for executing the payment transaction. We will not charge a fee for providing this Payment Initiation service. However, fees may be charged by your Payment Account Provider in connection with your use of this PIS in accordance with your Payment Account Provider's terms and conditions.If we believe that the conditions set out in these Terms are not satisfied, or if it would be unlawful to initiate a Payment Order, we may refuse to do so. If we refuse to initiate a Payment Order, we or the Partner will notify you through the app or service you are using, unless the law prevents us from doing so.
Partners and Payment Account Providers
We are not responsible for any problems that you might have with the functionality or suitability of your Payment Account Provider (e.g. your bank or credit card issuer). We are responsible for retrieving and transmitting your Account Information safe and securely but not for the content of your Account Information itself, which is the responsibility of your Payment Account Provider. If you have any questions in relation to these, you should speak to the relevant Partner that provides the app or website that you are using, or to your Payment Account Provider.Your use of the Partner’s services and your Payment Account will also be subject to other terms and conditions - these Terms will not affect any of those terms. In particular, the Partner and your Payment Account Providers will have separate rules on data protection that will apply to your use of their services.Once your Account Information is transmitted via our software to a Partner, that Partner becomes responsible for it.We do not charge you as an End-User to use our Services, however, the Partner may charge you for use of their app or services. In turn, Partners may pay us fees for the services we provide to them.Any Account Information that you choose to share as a result of using our Services will be encrypted with a multi-key encryption mechanism. The Partner delivering the app or website will only be able to access this information if you have explicitly given them your permission to do so.
When you use our Services
We are providing the Services to you only and you should not share your access to the Services with anyone else.By using the Services, you represent and confirm that:
- you will not use our Services for any fraudulent, unlawful or abusive purpose;
- the Credentials you use are your own and you are duly authorised to use the Credentials to connect your Payment Account(s) to our Services;
- when you are using our AIS, you give us your explicit consent to retrieve and share Account Information from your selected Payment Account(s) with you and any Partner that you select;
- when you are using our PIS (including any Merchant Services), you are giving us your consent to initiate a payment from your selected Payment Account(s) to your selected recipient.
TrueLayer owns all right, title and interest (including intellectual property rights) in and to the Services, our website and technology. If you choose to give us feedback or suggestions about any part of our Services, website or technology we may use them without any limitations.
We want you to get the most out of our Services and we will provide our Services with reasonable care and skill. All Services (including any additional services or products) are provided to you on an "as is" and "as available" basis.Other than as expressly set out in these Terms, any additional terms we introduce from time to time, or implied by consumer law, we do not make any particular commitments or promises to you about our Services. For example, we do not promise that any content within the Services, the functions of the Services, or their reliability or availability will be suitable for your needs. This does not affect your statutory rights.To the extent permitted by applicable law, we exclude all warranties.You agree that you will be liable for any losses that are proved to be sustained by TrueLayer as a direct result of your breach of these Terms.
Who is responsible if things go wrong?
We are only responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of us breaching these Terms or failing to use reasonable care and skill in our provision of the Services. We are not responsible for any loss or damage that is not foreseeable or, to the extent permitted by law, for any indirect or consequential losses (including lost profits, lost revenue or financial losses) arising in the course of a business carried on by you.TrueLayer will not be responsible for any loss you may suffer as a result of your material failure to comply with these Terms or caused by matters beyond our reasonable control, for example, an interruption or failure of a utility service, pandemic, industrial action, natural disaster, explosion or accident. We do not exclude or limit in any way our liability to you insofar as it would be unlawful to do so.If, following use of our Services, you notice unauthorised, or suspicious transactions on your Payment Account, you should immediately contact your Payment Account Provider, who is responsible for investigation, and, where necessary, reimbursing you. Please refer to the complaints policy of your Payment Account Provider.We are not responsible for any harm, damage or loss to you arising from, or relating to hacking, tampering or unauthorised access to your Account Information that is not within our reasonable control. If you suspect that somebody else has access to your Credentials and is fraudulently using them to access the Services, you must contact us immediately by email at [email protected].
About these Terms
Each time you use our Services, you will be bound by the Terms in force at that time. Some or all of the Services may be provided by TrueLayer or another entity in its group (an "Affiliate") on its behalf. If some or all of the Services are provided by an Affiliate, you will be subject to these Terms unless and until you become subject to a separate agreement with that Affiliate, at which point these Terms will cease to apply.We may terminate our agreement with you or suspend your access to any part of our Services at any time if you have breached any of these Terms or if we believe we are required to do so by law. You may terminate your agreement with us at any time by contacting our Client Care team.We may update these Terms at any time and changes will be published on this page. In the event that you reject the changes concerned, you have the right to terminate these Terms free of charge at any time. If either we or you terminate this agreement, or you do not agree to the Terms in force at the point at which you want to use our Services, you cannot use our Services.These Terms (or any previous version of these Terms) are available for you to download or you may request a copy of these Terms by contacting our Client Care team.
Great service to End-Users is important to us. If you are unhappy with any part of TrueLayer's services, the easiest way for us to help resolve your issue is for you to contact our Client Care team.Alternatively you can reach us by email at [email protected] or you can write to us at: 25-28 North Wall Quay, Dublin 1, D01 H104, Ireland.We will acknowledge your complaint within 2 working days and will aim to investigate and resolve your problem or give you a clear response within 15 days. You agree that responses to your complaint may be in electronic form and sent by email. If you are a consumer, micro-enterprise or other eligible complainant and you are not happy with our response, you have the right to refer your case to the Financial Services and Pensions Ombudsman by calling (01) 567 7000, via their website or by post (Financial Services and Pensions Ombudsman, Lincoln House, Lincoln Place, Dublin 2, D02 VH29, Ireland).
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Ireland, without giving effect to conflict of law principles, and subject to mandatory provisions under the laws of your country of residence. To the extent that Irish law is in conflict with laws of your country of residence, Irish law shall prevail to the maximum extent possible. If not prohibited by the laws of your country of residence, disputes shall be settled by Irish courts.If you are a consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of the laws of your country of residence.The European Commission has also established an online dispute resolution platform to facilitate communication between the parties involved in a dispute arising from an online transaction (including disputes arising in respect of the Services).
These Terms are the entire agreement between you and us in relation to the Services.
Transfer of Your Rights
You may not transfer your rights under these Terms to any third party without our written consent.
If there is any conflict between these Terms and terms that apply to additional services, the terms applying to any additional services will prevail in the conflict.
Modification and Severance
If any part of these Terms is invalid, that part of the Terms shall be modified to make it valid or deemed deleted if it is not possible to modify the term. This will not affect the rest of the Terms.
Waiver of Rights
A failure or delay by either of us in exercising any right or remedy under these Terms or by law shall not be a waiver of that or any other right or remedy. A waiver of any right or remedy under these Terms or by law is only effective if it is in writing.
Applicability of Terms
These Terms control the relationship between TrueLayer and you.
Translation and Language
While a translation of the Terms into another language may be provided, only the English language version of the Terms will be legally binding and while some communications may be made in other languages for convenience, Truelayer reserves the right to communicate in English only. The provision of communications in other languages does not constitute an obligation on Truelayer to continue to communicate in that language.