Terms of Service

Published: 27 Feb 2017

Intro

Welcome to TrueLayer!

We set out below the terms of service (“Terms of Service”) which will apply to you when you use our services. These Terms of Service set out the legally binding conditions which govern the provision of our services to you.

If you intend to use our services you must accept these Terms of Service. You should carefully read these Terms of Service and make sure you understand this agreement.

Who we are

We are TrueLayer Limited (“TrueLayer”), a company registered in England and Wales (company number 10278251) and our registered office is at Fleet Place House, 2 Fleet Place, London, England, EC4M 7RF, UK (“we”, “us”, “our”).

Our services

Our services to you include the following (together, the “Service”):

  1. We will provide you with a software tool (the “Tool”) which you can use to transmit your data (“Data”) from Financial Institutions to your service provider (e.g. personal finance management, data aggregation, multi-banking, lending, investments, marketplaces and other financial services) (“Provider”). When we talk about “Financial Institutions”, we mean financial institutions like your bank or credit card providers.
  2. To use the Tool you will need to input certain information (the “Credentials”). This information may include usernames, PINs, passwords and other log-in information like a memorable or secret word, data or materials for online accounts held in your name with Financial Institutions.
  3. The Tool will allow you to use your Credentials to retrieve your Data which you choose to transmit to the Provider. To see more about the types of Data that you can retrieve and transfer, please use the following link: Data Collected. You should check the Providers’ rules on data privacy. Once your Data is transmitted through our software, the Provider will become responsible for your Data.
  4. The Data retrieved from a particular Financial Institution may be merged (we call it “aggregation”) by our Tool with your Data retrieved from other Financial Institutions. The services provided by the Provider and Financial Institutions, respectively, are dealt with by the agreement that you have with each of them. As a result, we have no responsibility for the products and services provided to you by the Provider or the Financial Institutions. We may use internet providers, web browsers or other companies to access your Data to provide you the Service.

The Data collected from your Financial Institutions is not checked for accuracy so we cannot check that the aggregated information is accurate. The aggregated information is only as up to date and accurate as the Data we get. However, we will of course use all reasonable efforts to ensure that the results of our aggregation are accurate. Sometimes there may be technical problems which may stop us providing the Service, for example a bank’s online banking service may be down. In the instances when technical problems arise as a result of a third party’s service, we will not be liable for any failure to provide the Service.

Please note that we are not authorised to provide advice under the Financial Services and Markets Act 2000. If you require financial advice or investment please seek advice from an authorised adviser.

How we protect you & your information

We will not provide your Credentials to the Provider.

Any Data and Credentials will be encrypted with a multi-key encryption mechanism. The Providers will only be able to access your Data where you have explicitly given them permission to do so. This is how we protect your information, and make sure the Provider that referred you to us can only see the Data that you have selected through the Tool.

If you want more information on how we protect the Data, Credentials and your other information, you can find out more by following this link: Security.

What we need from you

You are only allowed to use the Service if you are aged 18 or older and in the UK.

We are providing our services to you only so please don’t share your access to our Services with anyone else. You are only entitled to access and use the Services in accordance with the purposes detailed in this agreement.

We need to know we are providing the information to the right person. You must provide us with information which is accurate, and must not to misrepresent your identity or your user information.

What happens when you use the Service

What you allow us to do

By using the service you represent that you are allowed to use the Credentials for this purpose, without any obligation by us to pay any fees or other limitations including any agreements with third parties. You should read carefully the terms and conditions of the Financial Institutions and Providers. The use of the Service (especially in relation to the provision of Credentials and/or Data to TrueLayer and/or Providers is allowed under those terms. By using the Service, you accept that the Tool will retrieve and merge the Data (undertake account aggregation) for you. We are not sponsored by the banks, or any other companies you are able to access when using our Services.

We take your privacy seriously and we use your personal data in line with our Privacy Policy which can be found here: Data Sharing Privacy Policy. If you are not comfortable with how we handle your personal data as explained in the Privacy Policy, you should not use our Services.

What we ask you not to do

You agree that you will not:

  1. use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor our website at www.truelayer.com or any other TrueLayer domain (the “Site”) or the Service or any portion of them without our express written consent, which may be withheld at our sole discretion;
  2. use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Service, other than the search engines and search agents available through the Service;
  3. post or transmit any file which contains viruses, worms, trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Site or the Service; or
  4. attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service for any purpose other than those provided for by us and in conjunction with the operation of the Service.

Indemnification

In the event of legal action for breach of these Terms of Service, you will be responsible for all costs allowable by the courts if an award is made in TrueLayer’s favour.

If someone comes after us in relation to something you’ve done with our Service, then you have to fight that claim and pay us for any money we have to spend related to that claim.

As a result, you shall defend, indemnify and hold harmless us and our officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to solicitors fees, in whole or in part arising out of or attributable to any breach of these Terms of Service by you.

Availability of the Service

Your access to and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updates, maintenance or repair of the Site or the Service or other actions that we, in our sole discretion, may elect to take.

Our ownership of the Site and the Service

We worked hard to produce our Site and develop the Service we provide to you so we want to make sure that we protect them. The contents of our Site, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software and other material are protected under copyright, trade mark and other laws. The content of the Site and all intellectual property rights in the Service belong to or are licensed to us. We grant you the right to view and use the Service subject to these terms. You may download or print a copy of information provided on the Site for your personal, internal and non-commercial use only. Any use, distribution, reprint or electronic reproduction of any content from the Service in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Disclaimer of Representations and Warranties

Whilst we will provide the Service with reasonable care and skill, the content and all services and products associated with the Service or provided through the Site or the Services are provided to you on an “as-is” and “as available” basis.

Subject to the above, we make no express representations or warranties of any kind:

  1. as to the content or operation of the Service;
  2. as to the accuracy, reliability or completeness of the content of the Service (except for our aggregation methods); or
  3. that the content that may be available through the Service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information. and expressly disclaim any warranties of non-infringement or fitness for a particular purpose.

What if things go wrong?

Notwithstanding anything to the contrary in this agreement, our liability to you for any cause whatever and regardless of the form of the action, will at all times be limited to [£500.00 (five hundred pounds)].

About this agreement

These Terms of Service will apply each time you use our Service. We may at any time terminate or withhold your access to all or any part of our Service at any time, effective immediately:

  1. if you have breached any provision of these Terms of Service (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms of Service); or
  2. if we, in our sole discretion, believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful).

Changes to these Terms of Service

Each time you use our Services you will be bound by the Terms of Service in force at that time. From time to time, we may change these Terms of Service. If we do this then we will publish those changes on our Site and you will be bound by those new terms the next time you use our Services. If you do not agree to those changes you should not use our Service. You can always ask us for the terms of service which were in force when you used the Tool.

Who Decides Disputes?

We are based in the UK and only provide our services in the UK so if a problem arises under these Terms of Service the laws and courts of England and Wales will be used exclusively to settle any dispute. These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

Other Stuff

This section may be called other, but it doesn’t mean it is not important…so you should still read it carefully, don’t worry you are nearly finished. These Terms of Service constitute the entire agreement and understanding between the parties in respect of the Service and supersedes any previous agreement between the parties relating to such matter. Each of the parties represents and undertakes that in entering these Terms of Service it does not rely on, and shall have no remedy in respect of, any statement, representation, warranty or undertaking (whether negligently or innocently made) of any person (whether party to these Terms of Service or not) other than as expressly set out in these Terms of Service. Nothing in these Terms of Service shall operate to exclude or limit any liability for fraud or fraudulent misrepresentation. If any provision or part-provision of these Terms of Service is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms of Service. A waiver of any right or remedy under these Terms of Service or by law is only effective if given in writing. A failure or delay by either party to exercise any right or remedy provided under these Terms of Service or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms of Service or by law shall prevent or restrict the further exercise of that or any other right or remedy. All covenants, agreements, representations and warranties made in these Terms of Service shall survive your acceptance of these Terms of Service and the termination of these Terms of Service.