End-User Terms of Service
Dated: 10 June 2020
Welcome to TrueLayer!
Thank you for using TrueLayer's services ("Services")! If you are using our Services in the UK or the European Economic Area ("EEA"), the Services are delivered by TrueLayer Limited ("TrueLayer", "we", "us"), a company registered in England and Wales (company number 10278251) with our registered office at 1 Hardwick Street, London, UK, EC1R 4RB.
These end-user terms of service ("Terms") apply to you ("End-User", "you") each time you use TrueLayer's Services through the applications or websites of TrueLayer's partner companies (“Partners”). Each time you use the Services, you must agree to the Terms in force at that time, so please be sure to read these Terms carefully each time you use the Services. If you do not agree to these Terms, you cannot use any of our Services.
TrueLayer may provide other products or services that have additional terms, which will apply and will become part of the agreement you have with us when you use those services.
Who we are
- authorised in the UK by the Financial Conduct Authority ("FCA") under the Payment Services Regulations 2017 (Firm Reference Number: 793171) with permission to carry on account information services and payment initiation services; and
- is regulated by the Central Bank of Ireland (“CBI”) for conduct of business rules.
Our VAT registration number is 251953204. The FCA’s contact details are as follows:
- Financial Conduct Authority
- 12 Endeavour Square
- London, E20 1JN
- Contact Centre -0300 500 0597
- Consumer Helpline -0800 111 6768
The CBI’s contact details are as follows:
- Central Bank of Ireland
- PO Box 559
- Dublin 1
- E-mail: firstname.lastname@example.org
- Lo-Call: 1890 777 777
- Phone: +353 (0)1 224 5800
We are not authorised to give you any financial or investment advice under the Financial Services and Markets Act 2000 or any other applicable laws in any other country. Our Services do not amount to financial or investment advice.
What we do and how we do it
When TrueLayer is integrated with a Partner’s website or application that you wish to use, TrueLayer provides you with any of the following Services:
- Payment Initiation Services: We provide 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 the Payment Account from which you wish to make 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. 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 mobile banking 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, but your Payment Account Provider (and not TrueLayer) is responsible for executing it. 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.
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
- where relevant, to share that Account Information with those Partners and other third parties.
- Through a Partner who is our agent. We may provide AIS through a Partner that is registered with the FCA as our agent for the provision of AIS. In those circumstances, we (and not the Partner) are responsible for the provision of AIS, although we may display consolidated Account Information to you through the Agent’s app or website.
- Sharing data with another business at your instruction. We may provide AIS to you directly and, at the same time, and strictly in accordance with your instruction, share your account information with 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). In these circumstances, we are responsible for the provision of AIS.
- 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 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.
We do this in two ways:
In either case, in order to use our AIS service, you will be directed to a page where you will be able to give your consent to TrueLayer, select the Payment Account Provider and Payment Account you want to connect to, and the Account Information you want to access and, if relevant, share with Partners or other third parties. When you confirm your consent, you instruct and give your consent to TrueLayer to:
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) for authentication. 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 access your Account Information, provide it to you, and share it in accordance with your instructions to us.
The Account Information retrieved and shared may include your personal account details (such as name, address, email, phone number), transaction history, transaction amounts and descriptions, account name and number, currency, account balance, any overdraft balance, payment due dates and other information about your transactions. This will depend on the services being provided by the Partner through which you access our AIS service. We will provide you with the Account Information retrieved in this way ourselves (where we provide AIS directly) or through our Partners’ apps or websites (where we provide AIS through a Partner that acts as our agent). At your instruction, and with your explicit consent, we will also provide that Account Information to Partners or other third parties in accordance with the provisions above.
You will need to renew TrueLayer's access to your Payment Account(s) by authenticating with the relevant Payment Account Provider at least every 90 days, and every time you wish to access and/or share Account Information other than your account balance or transaction data relating to transactions occurring in the last 90 days.
If we consider that the conditions set out in these Terms are not satisfied, or if it would be unlawful to provide you with AIS, we may refuse to do so. If this is the case, we or the Partner will notify you through the app or website, 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@example.com
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 notice in writing to firstname.lastname@example.org. We may update these Terms at any time and the changes will be published on this page. Any changes are effective immediately on posting. 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.
Great service to End-Users is important to us. If you are unhappy with any part of TrueLayer's services, please contact our Client Care team by email at email@example.com or you can write to us at TrueLayer, Client Care, 1 Hardwick Street, London, UK, EC1R 4RB. We will acknowledge your complaint within 2 working days and will aim to investigate and resolve your problem or give you a clear response as soon as possible. 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 Ombudsman Service by calling 0800 023 4567, via their website (https://www.financial-ombudsman.org.uk/contact-us/complain-online) or by post (Financial Ombudsman Service, Exchange Tower, Harbour Exchange, London, E14 9SR).
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). The platform is available here.
These Terms are governed by English law and you can bring legal proceedings in respect of the Services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts. Any matter, claim or dispute arising out of or in connection with these Terms, whether contractual or non-contractual, is to be governed by and determined in accordance with English law.
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.
These Terms are the entire agreement between you and us in relation to the Services. 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. 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. 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. These Terms control the relationship between TrueLayer and you. They do not create any third party rights.
If you have any questions about the security we use at TrueLayer, please contact us by email at firstname.lastname@example.org
Do you have other questions? email@example.com
In this archive, previous versions of our End-User Terms of Service are available for you to view here