UNTIED TERMS AND CONDITIONS OF USE - untied

UNTIED TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS CAREFULLY

BY BUYING, DOWNLOADING, ACCESSING OR USING UNTIED’S APP OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. WE RESERVE THE RIGHT TO AMEND THESE TERMS AT ANY TIME. IF YOU DISAGREE WITH ANY OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS TO THE APP AND YOUR USE OF THE SERVICES OFFERED ON THE APP. CONTINUED USE OF THE APP WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS IN FULL, AS MAY BE AMENDED FROM TIME TO TIME.

1. WHO WE ARE AND WHAT THESE TERMS DO

1.1 UT Tax Limited, of 10 Chertsey Road, Woking, United Kingdom, GU21 5AB ( we, us or our) trading as “untied” is the operator of the untied personal tax application and associated website ( App) and subject to your continued compliance with these terms and conditions and payment of the subscription fees, we hereby licence you to use:

(a) the App and any updates or supplements to it.

(b) The data gathering, income tax estimation and calculation, preparation and tax return submission made available through the App including the content, features, tools, data, storage and software ( Services).

(c) the related online and/or electronic documentation made available by us to you in relation to your use of the App and the Services ( Documentation).

1.2 These terms and conditions, which include any other terms and conditions incorporated by reference (together, the Terms) form the agreement between the customer (you, your) and us regarding your use of the App and the related Services and Documentation. By using the Services and the App, you agree to comply with the Terms.

1.3 The App is made available to you on the condition that you read and accept the Terms. By downloading, installing or using the App, you agree to be bound by these Terms. You must not download, and are not permitted to install, use, display or register with the App if you do not agree to be bound by these Terms. We are regulated by the Financial Conduct Authority as a registered account information services provider with reference 910169.

1.4 We conduct anti money laundering checks and we are supervised by the Chartered Institute of Tax for these purposes. You undertake to provide us with such information and documentation as we may reasonably require from you in order to enable us to conduct such checks and authorise us to use such information in any manner necessary to enable us to conduct such checks.

1.5 Our VAT number is: 328171507.

2. SUBSCRIPTION AND PAYMENT

The App and the Services are made available on a subscription basis. Subscriptions may be billed directly, or via a third party including Google Play and the Apple App Store.

3. YOUR PRIVACY

3.1 We will only use the personal data we collect through your use of the App and the Services in the ways set out in our privacy policy which can be accessed on our website at www.untied.io or here.

3.2 While we take a range of steps to ensure the security of the information we hold including the use of third-party specialist providers, password protection and back up in secure servers, please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

3.3 When you download the App, for example from Apple iTunes or Google Play Store, the relevant app store may also collect personal information about you. They do this independently of us. We encourage you to read the Apple Privacy Policy and Google Privacy Policy (as applicable) to understand how these third parties may collect, use and disclose your personal information.

4. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE AND LOCATION DATA

4.1 By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to maintain and develop our products and to provide any Services to you.

4.2 Certain Services use location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device.

5. OPERATING SYSTEM REQUIREMENTS

The App requires a device with internet access, minimum memory and operating systems. You should check that the App is compatible with you device before purchasing or installing it. You must ensure that your device contains adequate anti-virus protection and any appropriate firewall protections to prevent unauthorised access and use.

6. SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS

6.1 Support

In order to use the App you will may to provide us with your email address and telephone number. By doing so you consent to receive messages from us to guide and support you in setting up and using the App and the Services. In addition, the App gives you the ability to allow us access to your account. Without such access, our ability to support you or to respond to specific questions you may have may be limited. If you want to learn more about the App or the Services or have any problems using them please take a look at our support resources which can be found here.

6.2 Contacting us

If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@untied.io.

6.3 How we will communicate with you

If we have to contact you we will do so by email, by WhatsApp, by SMS or other electronic means or by post, using the contact details you have provided to us.

6.4 Accountant and professional support services

You may elect within the App to get support from an account or other professional advisor, either in respect of a specific issue or on an ongoing basis. In these circumstances, you acknowledge that your accountant or professional advisor may be granted access to your account or transaction information within your account and may use your login to access your HMRC account and your tax return may be submitted using the accountant agent’s login. Additionally, where you have elected to get support from an account or other professional advisor, you acknowledge that where you use a function within the App to seek help by clicking the “I need help” icon or otherwise, we may email details of your request or transaction information to your accountant or professional advisor. You acknowledge that, where you elect to use accountant support or other professional advisor services, we are not responsible or liable for the support or services they provide to you and such election by your will create a separate and independent contract between you and your accountant or professional advisor.

7. HOW YOU MAY USE THE APP

7.1 In return for your agreeing to comply with these Terms you may:

(a) download or stream a copy of the App onto your device and view, use and display the App and the Services on the device for your personal tax purposes only.

(b) use any Documentation to support your permitted use of the App and the Services.

(c) receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

7.2 The ways in which you can use the App may also be governed by the terms imposed by the app store from which you downloaded it. In the event of a conflict between these Terms and the relevant app store terms, the app store terms shall take priority.

8. YOU MAY NOT TRANSFER THE APP TO SOMEONE ELSE

We are giving you personally the right to use the App and the Services as set out above in “HOW YOU MAY USE THE APP”. You may not otherwise transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

9. CHANGES TO THESE TERMS

We may occasionally need to make changes to these Terms for valid reasons such as improving the existing functions or features or adding new functions or features to the Service, making reasonable technical adjustments to the Service and for legal and regulatory reasons. When we make material changes to the Terms, we will provide you with notice as appropriate under the circumstances such as by displaying a prominent notice or seeking your agreement within the App or by sending you an email or other communication. In some cases, we will notify you in advance and your continued use of the App and the Services will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the App and the Services under the new Terms, you may terminate your subscription.

10. UPDATE TO THE APP AND CHANGES TO THE SERVICE

10.1 From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons. This may require you to update, at your own cost, the functionality of other compatible software in order to ensure compatibility with the App.

10.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and the Services.

11. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

If you use the App on any device you don’t own, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

12. LICENCE RESTRICTIONS

You agree that you will:

12.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

12.2 not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

12.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;

12.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

(a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;

(b) is not used to create any software that is substantially similar in its expression to the App;

(c) is kept secure;

(d) is used only for the Permitted Objective; and

(e) complies with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

13. ACCEPTABLE USE RESTRICTIONS

You must:

13.1 not use the App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful Content, into the App, any Service or any operating system;

13.2 not infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any content to the extent that such use is not licenced by these Terms;

13.3 not transmit any content that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

13.4 not use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

13.5 not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

14. YOUR RESPONSIBILITIES

In using the App and the Services, you undertake, acknowledge and agree:

14.1 you will keep all your information (including a current email address) up to date and you are responsible for ensuring the accuracy and completeness of your information in connection with your use of the App and the Services including, without limitation, making manual entries in respect of any accounts that are not connected to the App and any other data you enter into the App;

14.2 you are responsible for verifying the accuracy of any information that you use from the App, the Services and the Documents for your legal, tax and compliance obligations;

14.3 you are responsible for retaining relevant documentary evidence in relation to all transactions submitted through the App and outside of the App;

14.4 you are responsible for categorising any decisions you make using the App or the Services;

14.5 you are responsible for responses to any wizards provided; and

14.6 we do not provide tax advice unless explicitly stated and you are responsible for determining whether you need to take professional tax or legal advice.

15. HMRC REQUIREMENTS

You acknowledge that Her Majesty’s Revenue and Customs (“ HMRC”) may require certain information to be retained in a specified form. It is your responsibility to ensure you comply with this any all other HMRC requirements. We accept no liability for failure to comply with any HMRC requirements. In particular:

15.1 You must ensure all information sent to HMRC is proper and complete. If, for any reason, HMRC cannot view the contents of submissions, or they are not proper and complete, the obligation to make a return may not be satisfied. We accept no liability if information is not proper and complete through the fault of you.

15.2 You acknowledge it is your responsibility to ensure that any tax return is submitted and received by HMRC, on or before the due date. While we will make all commercially reasonable efforts to ensure tax returns are submitted quickly, we accept no liability for tax returns which are not received by HMRC or are received after the due date.

15.3 You acknowledge it is your responsibility to ensure that payment is received by HMRC, and has cleared in to the HMRC account, on or before the due date. Failure to do so may result in interest and/or a surcharge to which we shall not be liable.

15.4 You acknowledge that by submitting information to HMRC, your details may also be stored on HMRC systems and will be governed by the HMRC privacy policy. You understand that we have no control over HMRC policies.

15.5 You acknowledge that in order to submit tax returns to HMRC, verify your identity and authenticate the information provided to HMRC, you must provide to us the relevant passwords, ID numbers, other special access features provided to you by HMRC, or other form of identity verification including details and evidence of your name and address and such other information and documentation as we may reasonably request.

15.6 You acknowledge that by registering with us and using the App and the Services, we may act as an HMRC tax agent to submit your tax return to HMRC on your behalf. We will not, as a matter practice, give HMRC access to your data without your permission.

16. THIRD PARTY APPLICATIONS

16.1 Certain features of the App rely on us accessing transaction or other information from your selected bank and other financial accounts. As a registered account information services provider we can, with your express permission, receive or access your bank transaction information from your accounts with a bank or financial institution. This is called a bank feed, and we use a number of third party providers ( Third Party Providers) to provide these bank feeds from you bank or financial institution. If you wish to set up a bank feed you will need to explicitly consent to us receiving or accessing your transaction information using the prescribed authorisation/authentication method. In addition, you will also be required to accept the terms and conditions of the relevant Third Party Provider. Such Third Party Providers are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies. You will need to make your own independent judgement about whether to use such Third Party Providers. The Third Party Providers we currently use are:

(a) TrueLayer: We use a tool provided by TrueLayer Limited (www.truelayer.com) (TrueLayer) that allows you to send information on your payment accounts to us and other service providers. In order to use our Services, you will be asked to agree to the TrueLayer Terms of Service and enter your payment account details with TrueLayer or, for Open Banking connections, you will be redirected to your bank by TrueLayer in order to authenticate yourself. The TrueLayer Terms of Service set out the terms on which you agree to TrueLayer accessing information on your payment accounts for the purposes of transmitting that information to us. TrueLayer is subject to UK and EU data protection laws and is required to treat your data in accordance with those laws, as well as the Terms of Service and the TrueLayer Privacy Policy. TrueLayer is authorised by the UK Financial Conduct Authority under the Payment Services Regulations 2017 to provide account information services and payment initiation services (Firm Reference Number: 793171).

(b) Yodlee Inc: We use bank feeds provided by Yodlee Inc (Yodlee). Yodlee provides a bank aggregation service which provides bank feeds from financial institutions. Yodlee uses your securely stored login details to retrieve transactions from your bank or financial institution. In order for us to use bank feeds provided by Yodlee, you will be asked to agree to the Yodlee Terms of Use . The Terms of Use set out the terms on which you agree to Yodlee accessing information on your payment accounts for the purposes of transmitting that information to us. Yodlee undergoes examination by U.S. Banking regulators including the Federal Financial Institutions Council and the Office of the Controller of the Currency. They are certified as a Payment Cards Industry (PCI) Level 1 Service Provider and have EU Privacy Safe Harbor Certification.

16.2 By agreeing to these Terms you agree, if you use the relevant features, to be bound by the terms and conditions of the relevant Third Party Provider (and as subsequently amended from time to time) and any other third party terms subsequently accepted by you while using the App and the Service (“Third Party Terms“) together with any privacy policies or notices set by such providers. Any breach by you of the Third Party Terms shall, without limiting any other remedy available to the Third Party Provider, be deemed to be a breach of these Terms. We accept no responsibility for any loss suffered by you as a result of the use of any third party application.

16.3 Once we have retrieved your transaction information, we will import it into your untied account and only use it to provide the Services to you in the normal way. The same applies to any consolidated information we create out of that transaction information. Any such transaction information will be a reflection of the transaction information held with your bank or financial institution. We are not responsible for any inaccuracy or incompleteness of this information.

16.4 You can stop using the third party account information services at any time. If you do, that may change the way in which the App and the Services are made available to you.

17. INTELLECTUAL PROPERTY RIGHTS

17.1 You agree that the App, the Documentation and the Services, including but not limited to content, graphics, editorial content and the scripts and software used to implement the Services, contain proprietary information and material that is owned by us and/or Third Party Providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the App, the Services or the Documentation may be reproduced in any form or by any means, except as expressly permitted by these Terms. You agree not to modify, rent, loan, sell, or distribute the Services or any related content in any manner, and you shall not exploit the Services in any manner not expressly authorised.

17.2 The “untied” name and other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of UT Tax Limited or Third Party Providers in the United Kingdom and other countries throughout the world. You are granted no right or license with respect to any of the aforesaid trademarks.

18. LIMITATION OF LIABILITY

18.1 These “Limitation of Liability” provisions should be read carefully as they limit our legal liability to you in connection with your use of the App, the Services and the Documents.

18.2 This section sets out our entire financial liability to you (including any liability for the acts or omissions of our employees, agents and subcontractors) in respect of: (a) any breach of these Terms however arising; (b) any use made of the App, the Services and the Documents by you; and (c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

18.3 Nothing in these Terms shall attempt to limit or exclude the liability for: (a) death or personal injury resulting from negligence; or (b) fraud or fraudulent misrepresentation; or (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979; or (d) breach of section 2 of the Consumer Protection Act 1987; or (e) the deliberate default or wilful misconduct of us, our employees, agents or subcontractors.

18.4 While we have taken all reasonable steps to ensure the accuracy of the Services and the Documents, to the maximum extent permitted by law: (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to your use of the App, the Services and the Documents; and (b) all implied warranties, terms and conditions relating to the App, the Services and the Documents (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are hereby excluded. In particular, but without prejudice to the foregoing, we accept no responsibility for any technical failure of the internet and/or the App; or any damage or injury to you or your equipment as a result of or relating to your use of the App, the Services and the Documents . Your statutory rights are not affected.

18.5 We do not represent or guarantee that the App or the Services will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and you hereby release us from any liability related thereto to the fullest extent permitted by law.

18.6 We are not responsible for data charges you may incur in connection with your use of the App or the Services.

18.7 Subject to the foregoing, our maximum aggregate liability under or in connection with these Terms and your use of the App, the Services and the Documents, whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to £50.

18.8 These Terms set out the full extent of our obligations and liabilities in respect of your use of the App, the Services and the Documents. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms. Any condition, warranty, representation or other term concerning your use of the App, the Services and the Documents which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

18.9 Unless expressly stated, we do not offer tax advice and any information contained on the App or in the Documents should not be relied upon as a substitute for formal advice from HMRC, is provided for general information only and does not constitute any form of advice. The material contained on the App or in the Documents is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude: (a) All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; (b) Any liability caused to you as a result of a tax investigation by HMRC or any other legal or tax authority; (c) Any liability incurred by you in connection with any missed deadline imposed by HMRC or any other legal or tax authority; (d) Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the App or the Services or in connection with the use, inability to use, or results of the use of the App or the Services including: (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and (viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

18.10 This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

19. WAIVER AND INDEMNITY

By using the App and the Services, you agree, to the extent permitted by law, to indemnify us, our directors, employees, officers, affiliates agents, advisors, contractors and licensors harmless with respect to any claims arising out of your breach of these Terms, you use of the App and the Services. Or any action taken by us as part of an investigation of a suspected violation of these Terms or as the result of a finding or decision that a violation of these Terms has taken place. You agree that you shall not sue or recover any damages from us, our directors, employees, officers, affiliates agents, contractors and licensors as a result of a decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the App or the Services or to take any other action during the investigation of a suspected violation or as a result of a conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.

20. BACK UP

Please back-up content and data used with the App. We recommend that you back up content and data used in connection with the App, to protect yourself in case of problems with the App or the Service. If your subscription expires or is terminated by us or you, we are not responsible for retaining your data. While you retain a subscription, we will store any claimed data for at least the minimum period required by law for personal tax data. If your subscription is terminated or expires, you may lose your data. You should download you data before you terminate your subscription or before it expires.

21. SUITABILITY

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the site of the relevant appstore, on the untied website and in the Documentation) meet your requirements. In particular, you should be aware that the App is for UK taxpayers only and does not support all income and expense scenarios. Unless explicitly stated, we do not provide tax advice.

22. EVENTS OUTSIDE OUR CONTROL

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your subscription and receive a refund for any Services you have paid for but not received.

You acknowledge that we have no control over tax or legal investigations by HMRC or any other legal or tax authority.

23. WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS

23.1 We may end your rights to use the App and Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

23.2 If we end your rights to use the App and Services:

(a) You must stop all activities authorised by these Terms, including your use of the App and any Services;

(b) You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

24. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE

We may transfer, assign, charge, sub-contract or otherwise dispose of our rights and obligations under these Terms.

25. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

You may only transfer assign, charge or otherwise dispose of any of your rights or your obligations under these Terms to another person if we agree in writing.

26. NO RIGHTS FOR THIRD PARTIES

These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

27. IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

27.1 EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

Even if we delay in enforcing any Term, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

27.2 WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.