a) By using our Service (as more fully described in section 2), you agree to be bound by:
b) Please review them carefully before you accept them. If you do not agree to these Terms then we will not authorise you and you must not use our services.
c) You may only use our Service if you are 18 years or older. By creating the account, you confirm that you are.
d) These Terms will apply to the relationship between us and you in respect of the period from when you first access our Service, until you delete it and cease to be registered with us – see section 10 if you wish to find out more.
2. THE SERVICE
a) The “Service” means the website(s) or mobile application(s) provided by Armadillo Financial Technologies Ltd (“Armadillo”, “we” or “us”), a company registered in England and Wales whose registered office is at 6th Floor New Baltic House, 65 Fenchurch Street, London, England, EC3M 4BE and whose registered number is 11828727, to offer financial analysis and reporting tools.
b) Armadillo is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of Account Information Services. FCA Registration Number 911236.
c) Armadillo’s Service:
a. lets you combine your personal financial information from your accounts at UK-based banks and other financial institutions (“Accounts”), in one consolidated view. To do this, we request financial information from your Accounts (“Account Information”) held online by the UK banks and other financial institutions with which you have a customer relationship (your “Providers”). You expressly consent to this – find out more in section 4; and
b. allows you to categorise your spending and income and to provide a consolidated, summarised view of that information to Trusted Third Party Advisors (TAs) who have requested the data in order to better understand your financial situation and needs.
d) You may not be able to access all of your Accounts through the Service – details of those that can be accessed are shown within the ‘Add Bank’ section of the Service. If we do not support a particular Account or financial institution, you will not be able to include information from that institution in your financial report.
e) The Service does not provide financial planning services, broking services, or tax or financial advice – it is only a tool to help you. We are not providing regulated services of this nature to you through the Service.
f) We may use third party suppliers to support us in providing the Service. We take reasonable care in selecting our suppliers so as to protect your security.
g) You acknowledge and agree that the Service is not endorsed or sponsored by the providers of your Personal Accounts.
h) Access to the Service is provided for convenience and on an “as is” basis. You acknowledge that the Service is dependent upon third parties. We try to ensure that the Service is available to you at all times, but technical difficulties could be encountered in connection with the Service and/or the internet may be interrupted through no fault of Armadillo. These difficulties may include, but are not limited to, failures, delays, malfunction, fraud, software or communication link inadequacies, maintenance requirements or other causes. We make no warranties, express or Implied representation or guarantees as to the merchantability of fitness for purpose of the Service.
i) If you have any issues with the Service, please contact us at [email protected] and we will do our best to help you.
3. YOUR USER LOGIN AND KEEPING IT SECURE
a) You need to register on the Service to use it. This will create an account (your “User Login”). This section contains information on how you can keep your User Login safe.
b) When you create a User Login, you can choose your own password. As a security precaution, we won’t be able to see your password, but we will store it securely. You must keep your password secret. If you lose your password you will need to create a new password. We’ll never ask you to tell us your password or recovery code, so you shouldn’t share it with anyone, even if you think that they work for Armadillo.
c) Unless it’s caused by our fraud, gross negligence or wilful default, you are responsible for (and agree to hold us harmless from) unauthorised access or changes to your User Login and/or transactions on, your Account(s) (as defined in section 4) resulting from shared access to your mobile device or other people having access to your User Login or password.
d) If you find out or suspect that your User Login or password has been lost, stolen, or someone has used it without your permission, you must tell us as soon as possible. You can let us know by emailing [email protected] If you do so, then we can deactivate your account (including access to your Accounts through the Service), but remember that you may also need to inform your Providers if the security of any Accounts may have been compromised.
4. YOUR ACCOUNT INFORMATION AND OTHER CONTENT
We will act on your behalf
b) You agree that our third-party service providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
c) When you add an Account to the Service, Armadillo will access the Account Information from that Provider through a dedicated interface made available to us by your Provider. This allows us to make requests to your Provider to send us items of Account Information. Your Provider will then send this information to us, unless you have told them not to. Many of these direct interfaces are supported by the UK’s Open Banking initiative – you can find more information about how this works (including FAQs) at: www.openbanking.org.uk.
d) Depending on the information requested by your TA, we may request the following information from your Accounts:
a. account name, number and sort code;
b. account balance and transaction history for the last 12 months; and
c. details of payment instruments such as direct debits and standing orders.
You provide your consent to be redirected to the bank’s website where you will need to enter your credentials. This will connect your Account with Armadillo. For the avoidance of doubt, Armadillo never stores your bank credentials. This consent will be valid for 90 days.
You can remove this Account either directly from the Service or you can also remove consent for any Account from your bank’s online banking system.
e) When we access and retrieve Account Information from Provider sites, we act on your behalf (in legal words, we act as your “agent”), and not on behalf of any Provider.
f) If you have selected the preference to keep your data up to date we may use our automatic tools to access the Account Information to do so. This shall be done on a regular basis, being (a) once every day if we hold the necessary login information or (b) each time you log in to the Service; and (c) in any event, if you manually request a refresh from the Service.
g) Your explicit consent for us to access specific Accounts or Providers will be subject to a 90-day time limit. Once we reach these time limits you will need to provide a confirmation of your explicit consent through the Service if you wish us to be able to continue accessing and retrieving Account Information from your relevant Provider(s).
h) For our compliance purposes and in order to provide the Service to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.
5. WARNINGS AND THINGS FOR YOU TO CHECK
a) The Providers are wholly responsible for the Accounts you hold with them. This applies even when any information regarding those Accounts is displayed or transmitted by the Service.
b) Your use of the Service is entirely voluntary. Many Providers of Accounts are required by law to allow us to access Account Information once you have explicitly consented to us doing so. Some may, however, impose restrictions (such as under the terms that you have agreed with them). It is your responsibility to check if your Provider stops you from using the Service (for example, by prohibiting you from downloading your Account Information using tools like the Service). We have no control over your right or ability to view your Account Information or transact on your Accounts.
c) On an ongoing basis, including each time you use the Service, you confirm to us that:
a. you are legally authorised for each Account in respect of which you use the Service (whether or not you are the Account holder) and in the case of any joint account, all joint account holders have consented to your use of the Service. You may not use the Service in respect of any Account you are not authorised to use; and
b. you have the right to use the Service in respect of each relevant Provider’s sites (where relevant) and Account Information.
d) We do not check the Account Information for accuracy, legality or otherwise. We are not responsible for the Account Information, the way that your Accounts operate, or other products and services offered by your Providers or other parties.
e) You acknowledge there may be issues with accessing Account Information, and with Account Information being accurate or up to date. For example, when displayed through the Service, Account Information is only updated as recently as is shown in the relevant page of the Service. You may be able to request a refresh through the Service if it appears to be out of date.
f) You are responsible for checking the accuracy of the Account Information and the summarised reports provided by the Service prior to the data being submitted to any Third Party Financial Intermediaries. We will not release the summarised reports to any Third Party Financial Intermediaries prior to receiving your express consent to do so. Armadillo cannot be held responsible for any data inaccuracies whatsoever either (i) in the data presented in the Service or (ii) in the summarised data sent to Third Party Financial Intermediaries.
6. COMPATIBLE DEVICES AND MOBILE DATA CHARGES
a) In order to use the Service, you are required to have an internet connection either on a compatible mobile telephone, handheld device or computer. You will be assumed to have obtained permission from the owners of the devices that are controlled, but not owned, by you, to use the Service.
b) You may be charged by your mobile network operator for internet data access. You accept responsibility for the use of the Service (including data charges) and any service on or in relation to any device, whether or not it is owned by you.
c) We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Service and for the security of your internet connection, and you should use your own virus protection software.
7. PROPRIETARY RIGHTS AND LICENCE
a) All trade marks, copyright, database rights and other intellectual property rights of any nature in the Service (including its appearance and branding), together with the underlying software code, are owned by Armadillo or its licensors. We may also use open source software code in the Service.
b) Armadillo grants you a non-exclusive revocable right to use the Service for your personal (non-commercial) use in accordance with these Terms.
c) 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 of the Service; (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.
d) You will comply with all technology control or export laws and regulations that apply to the technology used or supported by the Service.
8. ACCEPTABLE USE RESTRICTIONS
You must not:
a) use the Service in any unlawful way or in breach of these Terms, or act fraudulently or maliciously (for example, by accessing other people’s Accounts through the Service);
b) allow any other person to use your login credentials to access the Service;
c) infringe intellectual property rights in relation to the Service, or your use of it;
d) use the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons (for example, we expect fair levels of use and would not expect you to make a large number of manual requests for Account Information to be updated); and
e) attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions).
9. DATA PROTECTION
b) By using the Service, you consent to us collecting and using technical information about your usage and device to improve our products and to provide any services to you.
10. SUSPENDING AND STOPPING YOUR USE OF THE SERVICE
a) We may suspend or end your use of the Service at any time. We will usually inform you when this is happening but we can’t always do so. We might take this action if you breach these Terms, for the reasons outlined below in this section 10, and in other circumstances where we believe that there is a valid reason (such as for risk or fraud management, or at your request as described in section 3(d)) or to protect the operational integrity of the Service. We have no obligation to resume provision of the Service to you, or to re-activate your User Login, if suspended or closed. If we permanently end your use of the Service then: (a) the rights granted to you in these Terms end, and (b) you
must stop your use of the Service.
b) If you are inactive then your User Login could automatically be suspended and you will be required to create a new User Login.
c) If we suspect that that security has been breached, or we suspect unauthorised or fraudulent use of the Service, then we may suspend its use. If we do this, then we will try to contact you (normally by email) to let you know.
d) We may also need to limit, block or stop your usage if we are required to do so by law.
e) In some cases, to enable us to lift a limit, suspension or other stop on your use of the Service, we may need you to provide us with further information.
f) You may stop your use of the Service at any time by ceasing to access the Service. Doing so will not automatically delete your user information that we hold. You can delete your account, which will remove any personal information we hold about you, in the Settings section of the Service. When your personal information is deleted, we may continue to hold limited information (such as system logs) about your use for as long as it is required to enable us to comply with legal requirements, and for operational reasons such as issue resolution and complaint handling. We will also delete our copies of any reports that you have prepared, but if those reports have been downloaded by 3rd-Parties we will not be able to delete them and you will need to contact those 3rd-Parties separately to arrange for deletion if required. If you have any questions regarding this, contact [email protected]
11. LIMITATION OF LIABILITY
a) The Service has not been developed to meet your individual circumstances. It is your responsibility to ensure that the Service meets your needs.
b) We only supply the Service for personal use. Save where we have expressly agreed, you may not use the Service for commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment including your devices as a result of the installation or use of the Service. If you have any questions regarding this, contact [email protected]
c) All information, content and materials displayed in the Service is provided for information only. Armadillo does not provide financial or professional advice. You should not rely on information, content or materials in the App as the sole basis for making a financial decision. You should use your own judgment, and seek professional advice if appropriate. Accordingly, you agree that we are not responsible or liable to you for:
a. any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the Service (or any loss or damage you suffer as a result);
b. third party sites or services linked to or accessed from the Service (or your use of, or reliance on, those sites or services); or
c. any dealings you have with third parties (including your Providers and other services providers) through the App.
B. Our responsibility
a) We shall have no liability to you under or in connection with these Terms (including your use of the Service) whether in contract, tort (including negligence) or otherwise except as set out in below.
b) The Service is provided to you completely free of charge . Our liability in relation to the Service is limited to:
a. not meeting our obligations under the applicable law to protect your information or keep it secure, or
b. any obligation under the applicable law that we cannot exclude (or limit, to the extent that it cannot be limited).
and in all circumstances we will only be liable to you for any direct loss or damage that you personally suffer that is a foreseeable result of all such causes up to a maximum of £50 in total.
c) We are not responsible or liable if the relevant cause arises from your breach or action (such as your fraud or through us following your instructions), events outside of our control, or the need to comply with our legal obligations – other sections of these Terms explain further things that we are not responsible or liable for (such as section 12). Nothing excludes or limits our liability for: death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation; or, if we deliberately breach these Terms in a material way. For the avoidance of doubt, in no event shall we be responsible for indirect or consequential loss or damage. Your statutory rights are not affected.
C. Your responsibility
a) You agree to protect and fully compensate us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
a) Your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk.
b) To the maximum extent permitted by law, we disclaim all implied warranties with regard to the Service. We do not promise that the Service will meet your requirements or that the quality of any products, services, information, or other material obtained by you through the Service will meet your expectations; that the Service will be uninterrupted, timely, secure, or error-free; that the information, content or materials displayed in the Service are accurate, reliable, sufficient or error-free. We do not promise that the information on our system is, when accessed by you, up-to-date or complete. The Service is provided “as is” and “as available” without warranty of any kind.
c) Android devices allow apps to draw or run over other apps, or otherwise interact with other apps (“Overlay Functionality”). This functionality could be abused by third parties to capture the content of the Service and therefore poses a security threat. We strongly advise you not to allow other apps to use Overlay Functionality in order to prevent possible misuse of information such as personal information, access credentials or banking information. If you do permit other apps to use the Overlay Functionality then (unless it’s caused by our failings) you are responsible for (and agree to hold us harmless from) any unauthorised access or changes to, or transactions on, your Account(s) resulting from the use of the Overlay Functionality.
13. PROBLEMS, QUESTIONS & COMPLAINTS
a) Armadillo appreciates it greatly if you notify us of a question or problem, because this gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve its service to you and other customers. Armadillo also has an internal complaints procedure. We aim to handle all problems, questions and complaints efficiently and quickly. If you have questions, problems or complaints, regarding the App then please submit them to [email protected] and include the following information: your name, telephone number; and, a description
of your concern.
b) If after we have responded to your complaint you remain unhappy, depending upon the complaint, you may be entitled to refer the complaint to the Financial Ombudsman Service (FOS). Further information about the FOS is available from their website www.financialombudsman.org.uk.
14. CHANGES TO THESE TERMS
a) We may change these Terms at any time and will inform you of a change either (i) through the Service, when you next log in, or (ii) by email. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the Service.
b) We will always act fairly and reasonably when we make these changes. The most common reasons that they will happen are if:
a. we’re changing the way that an existing part of the Service operates, introducing new functionality, or withdrawing functionality;
b. we consider that we should take account of developments (or changes we reasonably expect to happen) in technology, security or industry standards and norms;
c. there are changes in the way that we operate (which could, for example, lead to some aspects of the Service becoming subject to a charge) or we think that we should explain something more clearly; or
d. there is a change in law (including industry codes) that we follow, or in response to decisions of a regulator or court.
c) If you don’t want to accept a change we tell you about in advance, you can close your account – see section 10 for more information. You can also end this agreement by closing your account at any time after we make the change but the change will apply to you until you do so.
15. KEEPING IN TOUCH
b) Please remember to tell us if your details change. If we discover or suspect fraud or a security threat, we will need to contact you. Equally, for security reasons, we may block use of the Service if we are unable to contact you or don’t receive a response when we try to do so.
c) You have the right to receive a copy of these Terms – we will send this to you by email if you request it.
d) The easiest way to contact us is by emailing [email protected]
16. OTHER IMPORTANT TERMS
a) We may transfer our rights and obligations under these Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person.
b) If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing.
d) Each of the conditions of these Terms operates separately. The singular includes the plural and vice versa. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
e) Please note that these Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.