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Terms & Conditions
Version: 1.0; Published: January 20, 2019; Effective: February 15, 2019



Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Elifinty mobile application (the "Service") operated by Elifinty Ltd ("us", "we", or "our").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.

You may only use the App if you are 16 years or older. By installing the App, you confirm that you are.

These Terms will apply to the relationship between us and you in respect of the period from when you first download the App, until you delete it and cease to be registered with us.

We may update the Service by adding or removing functionality, changing its features and/or its design. You may have to redownload and accept the latest terms and conditions before you can access the Service.

We use third parties to deliver the Service and while we try to ensure availability of Service at all times, we can't promise that it will always be available or work perfectly (for example, in the case of maintenance, fraud, or a fault in the systems used to provide the Service).

If you have any issues with the app you can contact us on support@elifinty.com.

1. Accounts

1.1 When you create an account with us (your “Account”), you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

1.2 You are responsible for safeguarding the Account password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

1.3 You agree not to disclose your Account password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You can do this by emailing us on incident@elifinty.com.

1.4 We may also require you to set up a PIN code to access your account and in some devices use biometric authentication to improve security and for your convenience. You are responsible to ensure you don’t share your PIN code or have multiple biometric profiles that may affect your data security.

2. Intellectual Property

2.1 The Service and its original content, features and functionality, including the underlying code, are and will remain the exclusive property of Elifinty Ltd and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries.

2.2 Elifinty grants you a revocable right to use the Service for your personal (non-commercial) use in accordance with these Terms.

2.3 You will not, nor allow third parties on your behalf, to (i) make and distribute copies of the Service; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Service; (iii) create derivative works; (iv) rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the Service; (v) make alterations to, or modifications of, the Service, or permit the Service to be combined with, or become incorporated in, any other programs.

2.4 Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Elifinty Ltd.

3. Your Account Information, Content and Links to Other Services

3.1 We will act on your behalf to load up financial information from your bank accounts or accounts with financial providers ("Financial Data"). This is done by instructing us (on the Service) to retrieve Financial Data held online by the banks and other financial institutions with which you have a customer relationship (your "Suppliers"). By doing so, you authorise us (and our third-party suppliers) to contact your Suppliers, on your behalf, to retrieve Financial Data requested by you. You explicitly consent to us (and our third-party suppliers) having the right to act in your name to contact the Suppliers, and to retrieve and (in line with our Privacy Policy) use the Financial Data, in respect of the Accounts that you add into the App.

3.2 We will access your Financial Data in two ways:

3.2.1 Through a dedicated interface with the Suppliers using UK’s Open Banking initiative that allows us to access your Financial Data with your consent. You can find information on Open Banking here: www.openbanking.org.uk; or

3.2.2 Through your Suppliers website using automated tools (similar to how you do online).

3.3 To keep the Service up to date we have to refresh the data periodically or when you manually request it within the Service. Your explicit consent may be restricted by your Suppliers to time limits – once we reach these limits, we may request explicit consent if you wish to continue to receive further updated Financial Data within the Service.

3.4 You acknowledge to us:

3.4.1 You understand that your Suppliers are wholly responsible for accounts you hold with them including any instruction or information regarding those accounts are viewed or transmitted through the Service;

3.4.2 you are using this Service voluntarily and it is your responsibility to check with your Suppliers whether they restrict you from using the Service;

3.4.3 you are legally authorised for each Supplier account you access within the Service and any joint-account holder has consented to use this account within the Service. You are not allowed to access any Supplier accounts that you are not authorised to use;

3.4.4 you have the right to use the Service with respect to each relevant Supplier site and account; and

3.4.5 there might be issues when accessing your Financial Data and with Financial Data being accurate or up to date.

3.5 As part of the Service we also provide content from our partners (“Content”), we have licenses in place to bring this Content to you and you agree to honour all copyrights and intellectual property rights of our partners.

3.6 Our Service may contain links to third-party web sites or services that are not owned or controlled by Elifinty Ltd.

3.7 Elifinty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Elifinty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

3.8 We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

3.9 We do not check your Financial Data for accuracy, legality or otherwise. We are not responsible for the Financial Data, the way your accounts operate, or other products and services offered by others.

4. Charges

4.1 The Service is completely free to use. There is no subscription charge or price. To fund some of this we do receive payments from institutions that provide you services or if you choose to use some third-party services linked to from the Service. We don't compromise ourselves by using those that will give us the largest payments – we always look for the best fit and service for the users of Elifinty.

5. Termination

5.1 We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

5.2 Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

5.3 If we suspect unauthorised or fraudulent use of the Service, then we may suspend the Service. In this instance, we will try to contact you (normally by email) to let you know.

5.4 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

5.5 You may terminate your account by deleting your Account from the settings. If you delete the Service from your device, this will not delete your user information we hold on you. We may continue to hold limited information on you after you delete your account as long as it is required to comply with legal regulations, and for operational reasons such as resolving issues and complaint handling.

6. Indemnification

6.1 You agree to defend, indemnify and hold harmless Elifinty Ltd and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

7. Limitation Of Liability

7.1 In no event shall Elifinty Ltd, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

8. Disclaimer

8.1 The Service may contain links to third-party websites, including those operated by service providers who may offer you products or services displayed in (or linked to from) our Service. These services are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You need to make your own judgement on any such services, including the purchase and use of any products or services accessible through them.

8.2 Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

8.3 Elifinty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

9. Exclusions

9.1 Without limiting the generality of the foregoing and notwithstanding any other provision of these terms, under no circumstances will Elifinty Ltd ever be liable to you or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to your use of the Service, these Terms, the subject matter of these Terms, the termination of these Terms or otherwise, including but not limited to personal injury, loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Elifinty Ltd or any person for whom Elifinty Ltd is responsible, and even if Elifinty Ltd has been advised of the possibility of such loss or damage being incurred.

10. Governing Law

10.1 These Terms shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.

10.2 Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.

11. Changes

11.1 We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30-days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

11.2 By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the service.

12. Privacy Policy

12.1 Please refer to our Privacy Policy. You agree that they constitute part of these terms. You must read our Privacy Policy before you use the Service.

13. Contact Us

13.1 If you have any questions about these Terms, please contact us on support@elifinty.com.