Terms & Conditions

Effective as of 01 Nov 2021

Our Terms

Fintelli Limited ("Fintelli", "we", "our", or "us") is a company registered in England and Wales whose registered office is at 7 Bell Yard, London, WC2A 2JR, and whose registered number is 12518341.

Fintelli is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services as a Registered Account Information Service Provider. Firm Reference Number: 931352.

This page (together with our Privacy Policy, which can be found on our website https://www.fintelli.app ("our site") tells you information about us and the legal terms and conditions ("Terms") on which we provide you with access to Fintelli (the "Service"), a personal finance information management service available through our mobile applications ("App") that monitors your daily spending as detailed on our site.

These Terms will apply to your use of Fintelli and the provision of our services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before signing-up to receive the Service. Please note that before you use the Service you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to use the Service.

In the event of any conflict between these Terms and the provisions of Terms of Website Use, the provisions of these Terms shall govern.

You may only use the Service if you are 18 years or older. By using the Service, you confirm that you are 18 years or older.

We amend these Terms from time to time as set out in section 9. Please check these Terms periodically to ensure you understand the terms which will apply at that time.

You may ask for a copy of these Terms at any time – we will send this to you by email if you request it.

These Terms are drawn up in the English language. All written communications between you and us relating to these Terms are to be in English.

The Service

Fintelli provides a personal information service that will:

  1. Allow you to organise your finances so you can see your UK-based current accounts, credit cards and savings accounts ("Personal Accounts") from your banks and other financial institutions (your "Providers") in one clear view in our App. We do this by using technology to communicate with your Providers in a secure way;
  2. Provide you smart insights into your spending pattern and allow you to set your budget goals;
  3. Where available and applicable, offer you products and services ("Products") provided by us or third parties "Partners";
  4. Allow you to securely share your Fintelli Account or Personal Accounts Information will other Fintelli users. Only you will have control over what you share, who you share it with and to withdraw your sharing consent. We will not share any of your Fintelli Account or Personal Accounts Information by default. Sharing of your information with another Fintelli users is done at your own discretion and risk and you agree that you are solely responsible for any loss or damage as a result of it.

You acknowledge and agree that the Service is not endorsed or sponsored by your Providers.

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.

Access to the Service

Access to the Service will be through our App. Your use of the App remains at all times subject to the terms and conditions and privacy policies of the relevant app store from which you downloaded it, being one of: the Google Play store; or the Apple App Store, each an "App Store". To the extent that there is a conflict between those terms and conditions and these Terms, these Terms shall take priority.

You must not allow anyone to access the Service on your behalf. You must treat as confidential the information you provide as part of our security procedures, and you must not disclose it to any third party.

Providing secure ready only access to Personal Accounts

This is done by instructing us (on the App) to retrieve Personal Accounts Information held online by your Providers. By doing so, you authorise us (and our third party suppliers) to contact your Providers, on your behalf, to retrieve Personal Accounts Information requested by you. You explicitly consent to us (and our third party suppliers) having the right to act in your name to contact your Providers, and to retrieve and (in line with our Privacy Policy) use the Personal Accounts Information, in respect of the Personal Accounts that you add into the Service. More information on how this works is below.

We will access the Personal Accounts Information from each of your Providers 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 Personal Accounts Information. Your Personal Accounts Provider will then send this information to us, unless you have told them not to.

When we access and retrieve Personal Accounts Information from your Providers, we act on your behalf (in legal words, we act as your "agent"), with your explicit consent, and not on behalf of any Provider. Our suppliers are also entitled to rely on this.

To keep the Service up to date, we will use our automatic tools to access the Personal Accounts Information: on a regular basis (usually, once every day if we hold the necessary login information); each time you log in to the Service; and, if you manually request a refresh on the Service.

Your explicit consent to us to access specific Personal Accounts or Providers may be subject to time limits (e.g. 90 days) – once we reach these time limits you will need to provide a confirmation of your explicit consent through the App if you wish us to be able to continue accessing and retrieving Personal Accounts Information from your relevant Provider(s).

You grant to us and our third party partner a non-exclusive, royalty-free licence to use the information in your Personal Account(s) for all purposes connected with the Service or referred to in these Terms or the Privacy Policy, with the right to use, modify, display, distribute and create new material using or incorporating such information to provide the Service to you. We may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting information, you agree (without the payment of any fees), that we may use the information for the purposes set out above.

You are permitted to use content delivered to you only within the Service. You may not copy, reproduce, distribute, or create derivative works from this content. Further, you agree not to reverse engineer or reverse compile any of the technology associated with the Service.

You agree that we will be entitled to disclose your identity and information relating to your Personal Accounts to third parties if we are required to do so by any applicable law or court order.

We do not check the accuracy of the Personal Accounts Information and personal information you provide to us and we rely on you and your Personal Accounts Providers to ensure that the Personal Accounts Information and personal information you provide to us is up to date and accurate.

By using the Service, you represent that you are the legal owner of the data in your Personal Accounts and that you have the authority to appoint, and do expressly appoint, our us as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.

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 Personal Accounts 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.

You agree that our third-party suppliers 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.

Fintelli Partners

Within the Service you can connect Products of our Partners and purchase their Products with them. We might help you with that by enabling you to collect and share the data our Partners need to have you purchase and use their Products. We only share your personal data if you consent to connect to a Partner. Only after such consent will we disclose or prefill your personal data to those third parties so that they can provide their services to you and give you a smooth user experience. We won't disclose more than is needed for the Products of that Partner.

If you purchase Products from our Partners that you have connected with via the Service, you will enter into a direct contract with those Partners or the providers that our Partners introduce you to. These are all third party Products, not Fintelli Products - we do not assume any responsibility or liability for those third party Products.

We suggest to always carefully ready the terms and conditions connected to the Partner Products and the information they provide in relation to those Products. Partners might change their Products in some cases. Fintelli cannot check or validate this - it is your responsibility and we cannot be held liable or responsible for it.

The Service does not provide financial planning services, or tax or financial advice, we only help you in suggesting relevant Products of our Partners, and enabling you to easily access these. As such:

  1. We do not assume any responsibility or liability for Partners’ products and services, or products or services that they introduce you to;
  2. We are not responsible for any content or representations our Partners make about products or services;
  3. If you connect Partners Products to the Service to enable you to see data about these Products (such as account balance, overviews, transactions) then, we will collect that data directly from our Partners and we are not liable for this data or the accuracy of this data.

If you have questions on the Partners Products we ask you to directly contact them with these. As we are not involved in their Products we cannot help you with this. But of course we will always help you where we can to provide you contact details of our Partners.

We take reasonable care to select trustworthy Partners and do a due diligence check on them before they can enter our platform, so we will check e.g. that they are duly licensed. But these Partners do not work for us, nor do we control them, so it is your own duty to always check if a Partner fits your needs or if the offers make sense for you. Fintelli does not assume any liability or responsibility for the act or omissions of our Partners or the Products they offer.

You can always disconnect a Partner from the Service, but be aware that this does not automatically cancel or stop the Products you have purchased with them. This is not something Fintelli can do for you, so please revert to the Partners for this.

We reserve the right to disconnect a Partner from the Service or to stop making their Products available and visible within the Service.

We will always impose strict obligation on our Partners to adhere to privacy legislation, but we don’t assume any responsibility for how they adhere to this or how they protect or process your data or design their security. Please read the applicable section on Partners in our Privacy Policy to find details about this.

Our Partners may ask you to read or accept terms and conditions and details about their Products. Read them, it is most probably important language.

Fees

The Service is provided free of charge to you. There is no subscription charge or price. To continue providing you the Service free of charge, we may receive payments from our Partners if you choose to use or purchase Partners Products we promote. Your trust in the Service is our mission, therefore our suggestions will not be compromised by whether we receive a payment or not.

You agree that you are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the Service and for communication between us.

Your behaviour towards Fintelli

You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provision of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together "Viruses").

You may not inject content or code or otherwise alter or interfere with the way any page or screen of the Service is rendered or displayed in a user’s browser or device.

You must not access the Service via a means not authorised by Fintelli, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with Fintelli’s express written consent).

You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with Fintelli.

Fintelli does not accept unsolicited content, information, ideas, suggestions or other materials except where Fintelli has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions.

Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of clause 7.5, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.

Third party packages and services

Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding.

The Service, or communications from it or comments within it, may include links to third-party websites, applications or features ("Third Party Services"). These links are provided for your information only.

Fintelli does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).

Our right to vary these Terms

We expect to need to update or amend these Terms from time to time ("Amended Terms") to comply with law (including industry codes) that we follow or to meet our changing business requirements.

We may change these Terms at any time and will inform you of a change either (i) through the Service, when you next start the App, or (ii) by email. If these changes materially impact you or materially changes your Fintelli experience, we will strive to inform you at least 2 months prior to asking you for confirmation of the Amended Terms.

If you don’t want to accept a change we tell you about in advance, you can close your Fintelli Account. If you don’t close your Fintelli Account, the this will be taken as your acceptance of the Amended Terms. You can also end this agreement by closing your Fintelli Account at any time after we make the change, but the Amended Terms will apply to you until you do so.

These Terms will continue to govern any disputes arising before the effective date of the Amended Terms.

Warranties

You expressly understand and agree that:

  1. 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
  2. The Service is provided on an "as is" and "as available" basis. We, our Partners and third party suppliers expressly disclaim all warranties of any kind as to the Service and all information, Products and other content (including that of third parties) included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We, our Partners and third party suppliers make no warranty that:

  1. the Service will meet your requirements;
  2. the Service will be uninterrupted, timely, secure, or error-free;
  3. the results that may be obtained from the use of the Service will be accurate, sufficient or reliable;
  4. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or
  5. any errors in the technology will be corrected

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your device or computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from our Partners or third party suppliers or us through or from the Service will create any warranty not expressly stated in these Terms.

Our liability

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.

We only provide the Service for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence; or
  2. fraud or fraudulent misrepresentation

Subject to clause 11.3, and to the extent permitted by applicable law, neither we nor our Partners will be liable to you in connection with the Service (including your use or inability to use the Service) for:

  1. loss of profits or goodwill;
  2. any statement or conduct on or via the Service by any third party;
  3. loss of data which is caused by factors other than negligence or breach of statutory duty on the part of us or our Partners;
  4. the acts or omissions of your Personal Accounts Providers;
  5. the cost to you of obtaining goods or services as substitutes for the Service; or
  6. any other loss or damage suffered by you in connection with the Service.

We always try to keep the service available, however we cannot promise that the Service will always be available. We or our Partners may need to make changes and conduct maintenance from time to time.

The Service does not provide financial, debt or tax advice. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you. If you are seeking such advice, then you should contact respective approved advisor.

Indemnification

You agree to protect and fully compensate our Partners, us, our affiliates and our third party suppliers 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.

Communication between us

When we refer, in these Terms, to “in writing” or “written”, this will include email, messaging in App and instant messaging.

We will provide you with information and notifications primarily through the App, although we may also send you information and notifications to your email address or mobile number by SMS where we consider this appropriate. You are responsible for maintaining and regularly checking your App, device or email inbox for information and notifications from us.

If your contact details (including your mobile phone number or email address) change, you must tell us immediately. This is for the protection of your Fintelli Account.

You can contact us through the App or you can email us at [email protected]

Keeping you secure

When you register, you choose a security PIN and Password which you must keep secret. If you forget these, then you will be able to reset them following reset instructions. We will be able to help you reset these in some circumstances. We’ll never ask you to tell us your security PIN and Password, so you shouldn’t share it with anyone, even if you think they work for Fintelli.

You may also choose to get access in the App using your device’s biometric authentication capabilities.

Doing so:

  1. You must ensure that only your face / fingerprint identification are stored on your device and you understand that any face / fingerprint identification that is stored on your device can be used to access the Service; and
  2. You must ensure the security of the security codes as well as the password or code that you can use to register your face / fingerprint identification on your device.

You must take all reasonable steps to keep your security PIN and the device on which the App is installed safe and secure, and you undertake that you will not disclose your PIN or allow it to be used by anyone else.

You must not leave the device you are using unattended while you are logged into the App.

You must tell us immediately (see 'Communication between us') in the below instances. In order to take any action, you will need to provide certain account information so we can verify your identity.

  1. If the device on which the App is installed is lost or stolen; or
  2. If you suspect that someone else might know your security PIN or Password; or
  3. If you suspect that someone else might have gained access to your email address and mobile phone number registered with us; or
  4. If you identify unauthorised access to your Fintelli Account on the Service.

You must remove the App from your device if you change your device or dispose of it.

If you wish to reinstall the App, or install the App on a new device, then before you first remove the App you should generate a unique recovery code using the App to allow you to recover your Fintelli Account. You are responsible for keeping your recovery code secret and not showing it to anyone else. To help with this, we strongly advise that you do not store the recovery code on your device. If you cancel your Fintelli Account – as described in section 15 – then the recovery code will not work.

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 Fintelli App 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 Fintelli Account and Personal Accounts resulting from the use of the Overlay Functionality.

We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your computer systems (including your device) in order to access the Service and for the security of your internet connection. You should use your own Viruses protection software.

Cancellation and suspension

By you:

  1. You can cancel your use of the Service at any time from the App or by contacting us at [email protected]
  2. Removing the App from your device will not automatically cancel your use of the Service.
  3. When you cancel your use of the Service, we will continue to hold certain information about you and 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, complaint handling and “Know Your Customer” regulation. See our Privacy Policy for further details on the retention period(s).

By us:

  1. We will usually inform you when this is happening but we can't always do so. We might take this action:
    1. if you breach these Terms, for the reasons outlined below in this section;
    2. in the event we are unable to identify you or authenticate your identity or validate your funding sources; and
    3. in other circumstances where we believe that there is a valid reason (such as for risk or fraud management, or at your request if you suspect fraud as described in clause 14.5).
  2. We have no obligation to resume provision of the Service to you, or to re-activate your Fintelli Account, 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 use of the Service and remove it from your devices
  3. If your Fintelli Account is inactive for 12 months, then your Fintelli Account could automatically be suspended. If your Fintelli Account remains inactive for further 6 months, then your Fintelli account will be closed and you will be required to create a new Fintelli Account for the further use of the Service.
  4. If we suspect that that the Service’s 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 (if the law permits) try to contact you (normally by email) to let you know.
  5. We may also need to limit, block or stop your usage if we are required to do so by law.
  6. You agree to provide us with information that we may request in order for us to carry out necessary checks.
  7. 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.

Complaints

Fintelli 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 our service to you and other customers. Fintelli 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 Service, then please submit them to [email protected]

If after we have responded to your complaint you remain unhappy, depending upon the complaint, you may be entitled to refer it to the Financial Ombudsman Service (FOS). Further information about the FOS is available from their website www.financial-ombudsman.org.uk.

General provisions

You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under this Contract to any third party.

You acknowledge that we may assign, sub-license or otherwise transfer any of our rights and/or obligations under this Contract to any third party at any time. We will always notify you if this happens.

This Contract is between you and us. No other person will have any rights to enforce any of its terms.

Each of the clauses of these Terms operate separately. If a court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses (and part clauses, where relevant) will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, 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.

Applicable law

These Terms, their subject matter and their formation are governed by English law.

If you are a consumer, the courts of England and Wales will, subject to the paragraph below, have non-exclusive jurisdiction over any claim arising from, or related to, these terms of use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Northern Ireland, or you are resident of Scotland, in which case you may bring proceedings in Scotland).

Nothing in the foregoing paragraph will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.