Date Last Revised: April 12, 2019
Thank you for using Fentury, a personal finance management application. These Terms of Service ("Agreement") are a legal and binding agreement between Salt Edge Limited including its respective affiliates and licensors ("Salt Edge", "we", "our", "us") and you. This Agreement sets out the terms and conditions under which you may access and use the Services provided by us via: (i) our website fentury.com and all related subdomains, including the Fentury blog (collectively, the "Website"), and (ii) our mobile applications for iOS and Android platforms (together, the "App"). By signing up for a Fentury Account, accessing the Website and App (together, the "Fentury Platform") and using the Services, you agree to be bound by the terms and conditions of this Agreement. We recommend that you thoroughly review this Agreement, as the same may be updated from time to time, before accessing or starting to use the Services and during your use of the Services. You must not access and use the Fentury Platform and Services if you don’t agree to all of the terms and provisions of this Agreement.
The Services are made available to you via the Fentury Platform, and are provided, controlled and operated by Salt Edge. Salt Edge Limited is a company registered in England and Wales under the registration number 11178811 with its registered address at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ, England. Salt Edge Limited is regulated by the Financial Conduct Authority ("FCA") whose head office is at 12 Endeavour Square, London E20 1JN, England, and we operate under license (reference number: 822499) issued under the Payment Services Regulations 2017 for the provision of Account Information Services.
To make it easier for you to navigate through this Agreement and find the relevant information quickly, we have divided it into the following sections for convenience:
6. DATA LICENSE
11. FORCE MAJEURE
In addition to the capitalized terms defined elsewhere in this Agreement, the following capitalized terms when used in this Agreement shall have the meanings given to them as follows:
1.1 "Account Information Services" means an online service to provide consolidated information on one or more Payment Accounts held by you with another payment service provider or with more than one payment service provider, and includes such a service whether information is provided:
- in its original form or after processing;
- only to you or to you and to another person in accordance with your instructions.
1.2 "ASPSP" means the payment service provider in the European Union/European Economic Area or the United Kingdom that provides and maintains a Payment Account for you (e.g., bank, building society, electronic money institution).
1.3 "Consent" means a freely given, specific, informed and unambiguous indication of your wishes by which you, by a clear affirmative action, give explicit consent to Salt Edge to access your Financial Account for the purpose of providing Financial Data Aggregation Services to you.
1.4 "Fentury Account" means the unique user account that you set up with Salt Edge by completing the account registration process in order to be able to access and use the Services through the Fentury Platform.
1.5 "Fentury Account Data" means the financial information available in your Fentury Account, including but not limited to manually input transactions and their details (including without limitation amount, date, description, category), manually created wallets and their details (name, balance, currency), manually created budgets and their details, savings goals details and, if applicable, Financial Account Data.
1.6 "Financial Account" means an account accessible online, including Payment Account, held in your name by the respective Financial Institution. Financial Account includes but is not limited to current account, e-money account, credit card account, savings account, mortgage account, loan account.
1.7 "Financial Account Data" means the information made available from your Financial Institution relating to your Financial Account, including without limitation account details (account name, number, balance, currency, etc.), transactions details (transaction amount, currency, date, description, etc.), account holder information (name, contact details), features and benefits of your Financial Account, that is accessed and automatically retrieved by Salt Edge through the Services.
1.8 "Financial Data Aggregation Services" means an online service, including Account Information Services, to provide consolidated information on one or more Financial Accounts held by you with one or several Financial Institutions, and includes such a service where Salt Edge automatically imports the Financial Account Data relating to the designated Financial Account and presents it to you after processing in a consolidated way in your Fentury Account.
1.9 "Financial Institution" means a legal entity engaged in the business of dealing with financial transactions, including without limitation ASPSPs, payment system providers, loan companies, mortgage companies, investment companies, utilities/bills providers and other financial service providers located worldwide, that provides and maintains a Financial Account for you.
1.10 "Payment Account" means an account accessible online held in your name by your ASPSP which is used for the execution of payment transactions.
1.11 "Payment Account Data" means the information made available from your ASPSP relating to your Payment Account, including without limitation account details (account name, number, balance, currency, etc.), transactions details (transaction amount, currency, date, description, etc.) and features and benefits of your Payment Account, that is accessed and retrieved by Salt Edge through the Services.
1.12 "Personalized Security Credentials" means the personalized features, including without limitation Financial Institution’s API access tokens, username, password, access number, security questions and answers, token/SMS codes, and multifactor information, provided to you by your Financial Institution for the purposes of authentication, including but not limited to strong customer authentication.
1.13 "Services" means the Financial Data Aggregation Services and any content, features, tools or services as made available by Salt Edge from time to time in connection with the Fentury Platform. Further description of the Services is provided in clause 4.2.1.
2. ACCEPTANCE OF AGREEMENT
2.1 By deciding to access and use (either by computer, mobile or other electronic device now or hereafter devised) the Services, you:
- confirm that you are at least eighteen (18) years old, or of the legal age of majority in the jurisdiction in which you reside;
- have legal capacity to enter into this Agreement;
- acknowledge that you have carefully reviewed the terms and conditions of this Agreement; and
2.2 If you are a company, corporation, organization or other legal entity (“Legal Entity”), then all provisions hereof shall be applicable to such Legal Entity except for the provisions limited by the context to individuals. If you access and use the Fentury Platform and Services on behalf of a Legal Entity, you agree to this Agreement for that Legal Entity and represent and warrant that you have the authority to bind that Legal Entity to this Agreement. In that case, “you” shall refer to the Legal Entity on whose behalf you are acting.
3. RIGHT TO USE THE SERVICES
3.1 License Grant. The Services and Fentury Platform are protected by copyright, trade secret, and other intellectual property laws. Subject to your compliance with the terms of this Agreement and payment of the applicable fees, Salt Edge hereby grants you a personal, non-commercial, limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to access the Fentury Platform and use the Services during the term of this Agreement in accordance with the terms and conditions of this Agreement. Salt Edge reserves all rights, title and interest, including all intellectual property rights, in and to the Services, Fentury Platform and the underlying technology used to provide the Services and the Fentury Platform, including without limitation all software and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof and all research and development and experimental development in respect thereto (collectively, "Salt Edge Technology"). Except for rights expressly granted to User in this Agreement, no other rights are granted by implication, estoppel or otherwise. User acknowledges that only Salt Edge shall have the right to maintain, enhance or otherwise modify the Services and Salt Edge Technology unless specific permissions are granted to User in a separate agreement with Salt Edge.
3.2 License Restrictions. You shall use the Fentury Platform and Services solely for the purposes that are permitted by and as contemplated in this Agreement. Without limiting any other provision of this Agreement, you agree that you shall not, either directly or indirectly:
- disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, transmit, distribute, time-share, let, rent, give somebody the loan of, or sub-authorize any element of the Fentury Platform;
- modify, translate, adapt, copy, download, frame, link to, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on, the Fentury Platform or any part thereof, except to the extent the foregoing restrictions are expressly prohibited by applicable laws notwithstanding a contractual provision to the contrary;
- circumvent any user limits or other use restrictions that are built into the Services;
- breach, override or otherwise circumvent any authentication or security mechanisms that are built into the Services;
- remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the Services;
- indulge in any actions with the Fentury Platform and/or Services that meddle with, disturb, destroy, or access in an unlawful way the server networks, connections, systems, records, or other assets, tools or services of Salt Edge or any related third party;
- indulge in any actions with the Fentury Platform and/or Services that could result in disruption of the Services;
- engage in any behavior that could harm the technical infrastructure or systems of the Services;
- engage in any deliberate action that poses a disproportionately or unreasonable large load on technical infrastructure or systems of the Services;
- transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through your access to and use of the Fentury Platform and Services;
- try to have any unauthorized access to the Services, their associated servers, networking, systems, services, data or any other services of Salt Edge or any related third party; or
- access and use the Fentury Platform, Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by this Agreement.
4. YOUR USE OF THE SERVICES
4.1 Registration. In order to start using the Services, you will be required to create a Fentury Account. During the registration process you must provide accurate and up-to-date contact information (name and email address) and create a password (collectively, "Registration Information"). Alternatively, you may register your Fentury Account using your Google account to verify your identity, in which case Salt Edge will receive your name and email address from the account provider (Google LLC). If required by law or regulation to carry out additional checks, we will ask for supplementary information during the registration or post-registration in order to verify your identity. You are responsible for the accuracy of your Registration Information and any other information you may be required to supply to us during the registration or validation of your Fentury Account, and must update such information promptly in case of future changes. Upon registering your Fentury Account, Salt Edge will send an automatic notification to your email address requesting you to confirm your registration. You must keep your Fentury Account credentials confidential and secure at all times and must not disclose them to any third party. You are solely responsible for all activities and actions carried out under your Fentury Account. Any such activities and actions shall be deemed performed by you. You must immediately contact us at email@example.com in case of suspected unauthorized access to your Fentury Account or if you believe your Fentury Account credentials might have been compromised. You are solely responsible for any communication submitted to Salt Edge in connection with your use of the Services, including by electronic mail or otherwise through the online channels offered within the Fentury Platform. Salt Edge assumes that any communication received through use of your Registration Information was sent or authorized by you and that any communication you send to us is compliant with applicable laws, including anti-spam laws.
4.2 Provision of the Services.
4.2.1 Description of the Services. The Fentury Platform is a personal finance management application that allows you to consolidate your financial information from various sources, keep track of your income and expenses, assign meaningful categories to your financial transactions, and get a 360-degree view of your overall financial health. Particularly, the Services provided via Fentury Platform enable you to:
- automatically import Financial Account Data into your Fentury Account;
- have meaningful categories automatically assigned to your transactions based on their description;
- create and assign custom categories to your transactions;
- create manual wallets and transactions;
- set savings goals and receive automatic suggestions, reminders, or progress status on the set targets;
- create manual budgets and keep track of their status during the given month;
- receive reminders on your scheduled one-time or recurring transactions;
- use various reports and filtering tools to track your finances and get a clear understanding of your financial situation; and
- receive automatic suggestions on how to improve your financial situation based on your Fentury Account Data and customized alerts on your Fentury Account activity.
4.2.2 Financial Data Aggregation Services. In order for Salt Edge to be able to provide the Financial Data Aggregation Services to you, you will have to authorize Salt Edge to access your Financial Account(s). In this respect, we will ask for your Consent allowing Salt Edge to access in read-only mode your Financial Account held with the respective Financial Institution. In order to be able to link a particular Financial Account to your Fentury Account, you will have to authenticate yourself with your Personalized Security Credentials in order to authorize Salt Edge to access the respective Financial Account. By using the Financial Data Aggregation Services, you hereby confirm that you are the legal Financial Account owner and have the legal right to use the associated Financial Account Data. Salt Edge will communicate with your Financial Institution through secure channels conforming to the applicable legal and/or regulatory requirements to transmit the Personalized Security Credentials, access the designated Financial Account and retrieve the associated Financial Account Data. We will continue to do so at certain intervals (including when you are offline) until the expiration date of your Consent unless it is revoked earlier by you. You can revoke your Consent at any time by deleting the established link to the respective Financial Institution using the options available in the Fentury Platform. If you delete your Fentury Account, all your active Consents will be automatically canceled and all the active links to the Financial Institutions in your Fentury Account will be automatically deleted. You hereby acknowledge that the revocation of a Consent shall not affect the lawfulness of Salt Edge’s actions based on such Consent before its revocation.
4.3 General Requirements. The Services are available to you through a compatible desktop or mobile device and may require internet access and/or additional software to be installed. If you access the Services using the Website, no downloads are required, just a standard internet browser and internet connection. You may also access the Services by downloading the App to a compatible mobile device that may require specific software. Some features of the Services may be available to work offline from your device when using the App. You acknowledge and agree that you are solely responsible for the technical requirements relating to your access and use of the Services through your information technology device, including but not limited to: (i) any applicable charges, updates and/or additional fees of your telecommunications provider (internet service provider, mobile service provider and/or other data providers), and (ii) using the Services in compliance with the terms of your agreement with your telecommunications provider. You acknowledge and agree that Salt Edge makes no warranties or representations of any kind, express, statutory or implied, as to whether the telecommunications services from your provider will be available and accessible at any time or from any location. We expressly disclaim any liability or responsibility for any loss, damage, or other security intrusion of the telecommunications services of your provider and any failure of your telecommunications service provider to transmit any data, communications or settings in connection with your use of the Services. You are responsible for the security of your internet connection, including by correctly configuring your information technology device and using adequate virus protection software.
4.4 Acknowledgement. While Salt Edge will endeavor to ensure that the Fentury Platform and Services are available to you at any time during the term of this Agreement, we do not guarantee their continuous, uninterrupted or error-free operation and we shall not be liable to you if the Fentury Platform and Services are unavailable at any time for any reason. We may also temporarily suspend or deny access to the Fentury Platform and Services in case of emergency, Force Majeure, technical problems, system failure or degradation, scheduled or emergency maintenance, or security incident.
4.5 Your Notification Obligations. You must immediately notify Salt Edge if you become aware of any loss, theft or unauthorized use or disclosure of your Fentury Account credentials, Personalized Security Credentials and/or any Fentury Account Data. Salt Edge reserves the right to deny you access to the Services (or any part thereof) if Salt Edge reasonably believes that any loss, theft, or unauthorized use or disclosure of the foregoing information has occurred. Such denial of access may without limitation enable Salt Edge to investigate said loss, theft or unauthorized use or disclosure (including in cooperation with the law enforcement authorities).
5. SUBSCRIPTIONS AND PAYMENT TERMS
5.1 Subscription Terms.
- Subscription Types. We offer two (2) types of subscription based on the set of features, functionality and/or premium services, including access limits applicable thereto, made available to you in your Fentury Account: free subscription - the “Starter” package, and paid subscription – the “Pro” package. The subscription packages with available features for the Services and payment plans may be viewed, together with offered discounts (if any), on the Website. You acknowledge and agree that we reserve the right in our sole discretion to change the terms and conditions of the free subscription package, and the set of features or functionality for the Services available therein, at any time.
- Discounts on Subscriptions. We may decide, in our sole discretion, to offer from time to time pricing discounts to you for promoting the Services. Salt Edge reserves the right to modify the conditions for offering discounts or to cancel or cease offering discounts at any time in our sole discretion.
- Cancellations; Refunds. Paid subscriptions can be canceled within twenty-four (24) hours from purchase and a full refund will be issued. If no cancellation request has been submitted by you within this time-frame, the subscription becomes non-refundable. For any refund requests in respect of an in-app purchase from a third-party app store (see further clause 5.2), the refund policy of the respective third-party app store will apply.
5.2 Payment Terms. This Agreement also incorporates by reference and includes the ordering and payment terms provided to you on the Website and the ordering and payment terms provided by the respective third-party app store (Google Play Store or Apple App Store) for the App. The following payment terms apply to the Services offered on a paid subscription basis (the “Pro” package), unless we notify you otherwise in writing:
- Fees will be billed to you in pounds sterling or the equivalent amount in your local currency and your payment account will be automatically debited at the time agreed upon by Salt Edge with you when subscribing for the Services.
- We reserve the right to select the method in which to make payments for our Services. These payment methods are currently limited to payment by a valid credit or debit card acceptable to us that will be processed by the payment system provider Stripe, Inc. or PayPal Holdings, Inc. Your PayPal account or card (as applicable) will be charged on the day your paid subscription is activated. PayPal or card payments may be set up as monthly or yearly payments (with subscription fees automatically deducted from your PayPal or card account at the beginning of each month or year, respectively). You can also make one-time payments using your PayPal or card account. You acknowledge and agree that the processing of payments by PayPal Holdings, Inc. or Stripe, Inc. for the Services provided on a paid subscription basis are subject to separate terms and conditions applicable for the respective payment system provider.
- Salt Edge may suspend or terminate any Fentury Account if we determine or are notified by the respective payment system provider that your Registration Information and/or payment information is not accurate, current, or complete and you don’t promptly correct or update such information. We may also terminate any Fentury Account promptly if we determine that you are using someone else’s information (referred to as “identity theft”).
- Failure to change or update your payment information (e.g., credit card expiration date) in a timely manner may lead to failed payment attempts which will result in denial of the Services and termination of this Agreement, your Fentury Account and your right to continue receiving the Services.
- Unless Services are suspended or terminated under this Agreement, Salt Edge will automatically renew your paid subscription to the Services at the then-current rates. You can cancel your subscription renewal at any time using your Fentury Account options.
6. DATA LICENSE
6.1 BY USING THE FINANCIAL DATA AGGREGATION SERVICES AND GIVING YOUR CONSENT, YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE THE LEGAL OWNER OF THE FINANCIAL ACCOUNT DATA AND THAT YOU HAVE THE AUTHORITY TO APPOINT AND DO HEREBY EXPRESSLY APPOINT SALT EDGE AS YOUR AGENT WITH LIMITED POWER OF ATTORNEY TO ACCESS YOUR FINANCIAL ACCOUNT IN READ-ONLY MODE IN ORDER TO RETRIEVE THE FINANCIAL ACCOUNT DATA ON YOUR BEHALF. YOU FURTHER ACKNOWLEDGE THAT THE FOREGOING APPOINTMENT WILL BE VALID UNTIL THE EXPIRATION OR REVOCATION DATE OF YOUR CONSENT. You do hereby grant Salt Edge a non-exclusive, royalty-free license during the Consent period to access your Financial Account and use your Personalized Security Credentials and Financial Account Data (together, "Financial Data") for the express purpose of providing the Financial Data Aggregation Services to you. Salt Edge can’t make any changes to your Financial Account through the Services. Salt Edge does not manually review or analyze the retrieved Financial Account Data and you agree that Salt Edge is not responsible for its completeness or accuracy, or any omissions therein. Any transactions or activities performed in any of your Financial Accounts are not made through the Services and Salt Edge assumes no responsibility for such transactions or activities. You are solely responsible for any changes to your Financial Data, and any such changes must be made with your respective Financial Institution. You warrant and confirm that you have the right, power and authority necessary to grant the above license to Salt Edge and that disclosure of Personalized Security Credentials to us and access to and use of your Financial Data in the manner contemplated in this Agreement will not breach the rights of any third party, including but not limited to the terms of services and security policies and requirements of any of your Financial Institutions.
6.2 You agree that in performing the required technical steps to provide the Services, Salt Edge may make such changes to your Financial Data as are necessary to conform and adapt it to the regulatory, technical and security requirements of connecting networks, devices or media. You further authorize Salt Edge, in connection with the provision of Financial Data Aggregation Services, to: (i) collect, process and store your Financial Data; (ii) reformat, organize, structure, alter, modify, transmit, consolidate and adapt such information; (iii) create and provide hypertext links to your Financial Institution; (iv) update and maintain the information in your Fentury Account, including performing offline updates (without your interaction); (v) address service errors or interruptions; (vi) enhance and improve the Financial Data Aggregation Services; and (vii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vi) above, each in connection with the provision of the Services.
6.3 You acknowledge and agree that: (i) your Financial Institution may not (always) allow Salt Edge access to your Financial Account; (ii) your Financial Institution may make changes to their interfaces, APIs or services, with or without notice to Salt Edge, that may prevent or delay access to your respective Financial Account and/or the provision of Financial Data Aggregation Services by Salt Edge; and (iii) although Salt Edge will try to “refresh” the Financial Account Data, if the data is not the most current from your Financial Institution, your most recent transactions may not be reflected in your Fentury Account on the Fentury Platform. It is your obligation to watch for any discrepancies in your Financial Account Data, and before making any transactions or decisions based on the Financial Account Data presented to you in your Fentury Account, you should check the last refresh date for the Financial Institution linked to your Fentury Account and confirm with the applicable Financial Institution that the Financial Account Data is correct or otherwise confirm that the Financial Account Data is up to date and accurate. SALT EDGE DOES NOT REPRESENT OR WARRANT THAT THE FINANCIAL ACCOUNT DATA PROVIDED TO YOU IN YOUR FENTURY ACCOUNT WILL AT ALL TIMES BE COMPLETE, ACCURATE, ERROR-FREE OR UP-TO-DATE. You further acknowledge that the Services are not sponsored or endorsed by any Financial Institution accessible through the Financial Data Aggregation Services.
6.5 In order to provide the Financial Data Aggregation Services, Salt Edge may engage from time to time trusted service providers for the performance of certain technical and/or operational functions. Any such service provider acting on Salt Edge’s behalf will be subject to the applicable terms and conditions of this Agreement and will be bound to comply with them as if Salt Edge were performing hereunder. Salt Edge engages Salt Edge Inc., its parent company, as technical service provider that offers the required technical infrastructure allowing Salt Edge to provide the Financial Data Aggregation Services through the Fentury Platform.
7. PERSONAL DATA PRIVACY
7.2 By using the Services, you acknowledge and agree that Salt Edge has the right to make anonymized data based on personal and non-personal data submitted by you or collected from you or through your use of the Services, and combine such anonymized data with that of other users of the Services in order to make anonymized aggregate data (i.e., non-personally identifiable information). Salt Edge may use the anonymized data and anonymized aggregate data for various business purposes, including but not limited to compiling statistical reports, providing, supporting and improving the Services, developing and improving other Salt Edge products and services, and distributing or licensing such data to third parties with whom Salt Edge has a business relationship.
8. THIRD-PARTY LINKS AND SERVICES
The Services and Fentury Platform may include links to or otherwise direct your attention towards, websites, services, features, or products operated or offered by third parties (including without limitation Financial Institutions) and not by Salt Edge (collectively, "Third Party Services"). Such links and information are offered solely for informational purposes and your convenience. The inclusion of any link does not imply an association, support, endorsement, consent, examination, or approval by Salt Edge of such third party or Third Party Services (including without limitation any content made available within such Third Party Services). Salt Edge shall not be liable for the information and content contained in any Third Party Services or for your use of or incapacity to use such Third Party Services, and Salt Edge expressly disclaims any liability for them. Access to any Third Party Services is at your own risk, and you must be aware of the fact that Third Party Services are governed by terms of service and privacy policies different from those of Salt Edge. You acknowledge and agree that the respective third party, and not Salt Edge, is entirely liable for the delivery and performance of the Third Party Services.
9. ADDITIONAL TERMS
9.1 No Professional Advice. Any information or data contained in or made available through the Services is provided for informational purposes only and can’t substitute for the services of trained professionals. Salt Edge is not authorized to give professional advice and is not in the business of providing legal, financial, accounting, taxation or other professional services or advice. You should independently verify and research, or take independent financial advice from a trusted and competent professional in connection with, any information or data contained in or made available through the Services and/or Fentury Platform for the purpose of making any financial decisions or otherwise. Salt Edge expressly disclaims any liability, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or data, or your use of or reliance upon such information or data.
9.3 Feedback. Salt Edge may freely use any suggestions, feedback or ideas you may provide to us relating to the Services and/or Fentury Platform (collectively, "Feedback"). By providing any Feedback to Salt Edge you hereby grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, royalty-free right and license to use, disclose, copy, distribute, create derivative works, modify, display, exploit and license the Feedback in any form and manner for any business purpose, including but not limited to modifying and improving the Services, Salt Edge’s other current and future services and products, service advertising and marketing materials. Salt Edge reserves the right to incorporate the Feedback into the Services and, if so incorporated, the Feedback shall form part thereof and shall become Salt Edge’s intellectual property.
10. PROPRIETARY RIGHTS
All right, title and interest in and to the Fentury Platform and the underlying Salt Edge Technology, including all intellectual property rights therein, are and will remain with Salt Edge and its licensors. Salt Edge, Fentury and all other trademarks, service marks, graphics and logos used in connection with the Fentury Platform and Services are trademarks or registered trademarks of Salt Edge. Salt Edge does not grant you any right or license to use, copy or reproduce any Salt Edge’s trademarks or the trademarks of any third party that may appear in the Fentury Platform and in connection with the Services.
11. FORCE MAJEURE
You hereby release Salt Edge from any liability arising from a delay in performance or non-performance by Salt Edge under this Agreement caused by Force Majeure. "Force Majeure" means any circumstances that could not be reasonably foreseen or are caused by acts or events beyond Salt Edge’s reasonable control, including without limitation acts of God, normative acts issued by state or government institutions, strikes, lock-outs, war or any kind of military operations, blockade, epidemics, acts or threats of terrorism, unavailability of the websites or APIs of Financial Institutions, errors or outages of public or private telecommunications networks, etc.
12. CHANGES TO THE AGREEMENT AND SERVICES
12.1 Changes to the Agreement. Salt Edge reserves the right to change this Agreement at any time and from time to time to reflect changes in the applicable laws or regulations, technical or security requirements, the functionality of the Services, or our business requirements. If Salt Edge decides to change this Agreement in the future, Salt Edge will post an appropriate notice at the top of this page and/or give you reasonable advance notice through the Services or by other means (e.g., via email notification). Any non-material change (such as clarifications) to this Agreement will become effective on the date the change is posted and any material changes will become effective thirty (30) days from their posting on the Website. The date of the last update of this Agreement is set out at the top of this document. You acknowledge and agree that your continued access to and use of the Fentury Platform and Services after the date of changes to this Agreement indicates your agreement to such changes.
12.2 Updates to the Services. Salt Edge may in its sole discretion and at any time update or modify the Services, discontinue, temporarily or permanently, providing the Services or any part thereof, including without limitation for technical reasons, security issues, regulatory and legal requirements, or business reasons. Salt Edge may also perform maintenance of the Services from time to time which may result in interruptions, delays or errors in the Services. You acknowledge and agree that any maintenance, modification, suspension or termination of the Services may be effected without prior notice, although Salt Edge will endeavor to provide such notice whenever feasible. You further acknowledge and agree that your continued use of the Services after the date of changes to the Services indicates your agreement to such changes.
13. TERM AND TERMINATION
13.1 This Agreement becomes effective when you create your Fentury Account and remains in force until terminated by either party. We may terminate this Agreement at any time and for any reason by giving you thirty (30) days’ advance written notice (by email or through the Services) whenever feasible. You acknowledge and agree that Salt Edge in its sole discretion and without advance notice may immediately suspend or terminate this Agreement and your Fentury Account:
- if Salt Edge reasonably believes that you have breached any of the terms of this Agreement (including without limitation by using the Services to carry out fraud or other illegal or criminal activities). Depending on the type of your breach, we may take any and all actions as we reasonably deem appropriate and required or permitted by law, including without limitation notifying the competent law enforcement, government or regulatory bodies and, to the extent required or permitted by law, disclosing any pertinent information relating to your breaching actions, your Fentury Account and/or Fentury Account Data in furtherance of an official investigation; or
- if we are required by a competent law enforcement, government or regulatory body (including without limitation the FCA).
You further acknowledge that Salt Edge may terminate your Fentury Account with notice to you if it is inactive for more than twelve (12) months and Salt Edge shall not be liable to you or to any other person as a result of any such termination.
13.2 You may terminate this Agreement at any time for any reason by deleting your Fentury Account (using your account options). Alternatively, you may provide notice to Salt Edge about your decision to terminate this Agreement and we will delete your Fentury Account as soon as practicable after receiving such notice from you.
13.4 If you are using the Fentury Platform on a paid subscription basis and Salt Edge terminates this Agreement and your Fentury Account other than because of a breach by you, you will be entitled to receive an applicable pro-rata refund.
13.5 Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
14. DISCLAIMER OF WARRANTIES
14.1 SUBJECT ALWAYS TO CLAUSE 14.2 AND CLAUSE 15.2, YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS:
- SALT EDGE OFFERS THE FENTURY PLATFORM AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND DOES NOT ACCEPT RESPONSIBILITY OR LIABILITY FOR ANY USE OF OR RELIANCE ON THE FENTURY PLATFORM AND SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES, OR FOR ANY DISRUPTIONS TO OR DELAY IN THE PROVISION OF THE SERVICES, OR FOR ANY PERFORMANCE OR NON-PERFORMANCE OF ANY OF YOUR FINANCIAL INSTITUTIONS’ WEBSITES OR API;
- SALT EDGE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS, STATUTORY OR IMPLIED, AS TO THE ACCURACY, TIMELINESS, COMPREHENSIVENESS, COMPLETENESS, QUALITY, RELIABILITY, CURRENCY, ERROR-FREE NATURE, COMPATIBILITY, SECURITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE OF FENTURY PLATFORM AND SERVICES OR ANY INFORMATION PROVIDED THROUGH THE SERVICES; AND
- SALT EDGE DOES NOT GUARANTEE THE ADEQUACY OF THE SERVICES OR COMPATIBILITY AND SECURITY THEREOF TO YOUR COMPUTER EQUIPMENT AND DOES NOT WARRANT THAT THE SERVICES, THEIR INFRASTRUCTURE OR ANY EMAILS OR COMMUNICATIONS TRANSMITTED VIA THE SERVICES WILL BE FREE OF VIRUSES OR SECURE AGAINST HACKING ATTACKS.
14.2 THE EXCLUSION OF THE WARRANTIES SET FORTH IN CLAUSE 14.1 SHALL APPLY TO THE MAXIMUM EXTENT ALLOWED BY THE APPLICABLE LAWS IN YOUR JURISDICTION AND PROVIDED THAT THE APPLICATION OF SUCH EXCLUSION WILL NOT MAKE SALT EDGE TO BE IN BREACH OF ANY APPLICABLE LAWS, OR THE RULES, DIRECTIONS OR ORDERS OF ANY COMPETENT AUTHORITY OR REGULATOR, INCLUDING WITHOUT LIMITATION THE FCA.
15. LIMITATION OF LIABILITY
15.1 YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, SALT EDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR, RELATING TO OR ARISING FROM: (I) LOSS OF PROFITS, (II) FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, (III) LOSS OF BUSINESS REVENUE OR INVESTMENT, (IV) USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET SALT EDGE’S SYSTEMS REQUIREMENTS, (V) DAMAGE TO GOODWILL, REPUTATION, DATA OR OTHER INTANGIBLE LOSSES, OR (VI) RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES, OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. THE ABOVE LIMITATIONS APPLY EVEN IF SALT EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 NOTHING IN THIS AGREEMENT IS INTENDED TO OR SHALL EXCLUDE OR LIMIT SALT EDGE’S LIABILITY: (I) FOR DEATH OF PERSONAL INJURY CAUSED BY OUR NEGLIGENCE, (II) FOR FRAUD AND/OR FRAUDULENT MISREPRESENTATION, (III) FOR OUR WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, (IV) FOR REGULATORY BREACH BY SALT EDGE, AND/OR (V) WHICH CANNOT BE EXCLUDED, LIMITED, MODIFIED OR RESTRICTED UNDER THE APPLICABLE LAWS AND/OR REGULATIONS. ALL STATUTORY RIGHTS THAT ARE OR MAY BE AVAILABLE TO YOU RELATING TO THE PROVISION OF SERVICES UNDER THIS AGREEMENT SHALL NOT BE IMPAIRED OR AFFECTED.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SALT EDGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND LICENSORS HARMLESS FROM ALL LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEY’S FEES) INCURRED OR SUFFERED BY SALT EDGE AS A RESULT OF: (I) YOUR USE OF THE SERVICES, (II) A BREACH BY YOU OF ANY OF THE TERMS OF THIS AGREEMENT OR APPLICABLE LAWS, (III) YOUR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS OR ANY OTHER RIGHTS OF THIRD PARTIES, AND/OR (IV) FRAUD COMMITTED OR FRAUDULENT MISREPRESENTATION MADE BY YOU.
17. LAWS AND JURISDICTION
This Agreement shall be governed by, and construed in accordance with, the English law. Any dispute or claim arising out of, or in connection with, this Agreement and its existence, validity or termination (including non-contractual disputes or claims) that cannot be resolved amicably between us shall be subject to the exclusive jurisdiction of the courts of England and Wales. Alternatively, if you are an EU/EEA consumer, you may avail yourself of the Online Dispute Resolution platform made available by the European Commission if there is a dispute or claim in connection with this Agreement that cannot be resolved amicably.
18. GENERAL PROVISIONS
18.2 Severability. If any provision of this Agreement is held to be illegal, invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Such illegal, invalid, void or unenforceable term or provision or part thereof shall be deemed modified to the extent required to render it enforceable as to such jurisdiction, failing which, it shall be severed from this Agreement, which shall continue in full force and effect and be binding upon the parties hereof. The prohibition or unenforceability of a provision of this Agreement in any jurisdiction shall not invalidate such provision in any other jurisdiction.
18.3 Assignment. You cannot assign, sub-license or transfer any or all of your rights or obligations under this Agreement to anyone without Salt Edge’s prior written approval. However, Salt Edge in its sole discretion may assign or transfer this Agreement, in whole or in part, without your consent to a third party provided however that such assignment shall not affect your rights or our obligations to you under this Agreement.
18.4 Non-Waiver. No failure or delay on our part in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, and no single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof, or the exercise of any other right, power or remedy.
18.5 Third Parties. A person who is not a party to this Agreement cannot enforce or enjoy the benefit of any term or provision of this Agreement.
18.6 Headings. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
19. COMPLAINTS AND ENQUIRIES
In case of any questions or complaints regarding this Agreement or the Services, please contact our customer support team at firstname.lastname@example.org We will endeavor to address any communications received from you timely and efficiently. If we fail to satisfactorily settle or resolve your complaint within eight (8) weeks of the date of its submission, you may be entitled to refer it to the Financial Ombudsman Service.