1. Information about us
Our app is a web app owned and operated by Fractal Labs Limited (“we”, “our”, “us”). We are registered in England and Wales under company number 8972946 and have our registered office at Flat A, 123 Southgate Road, London N1 3JY and our trading address at WeWork Waterhouse Square, 138 Holborn, London, EC1N 2SW, United Kingdom. Our VAT number is 204122276. We are regulated by the Financial Conduct Authority as an Authorised Payment Institution (reference number 813019).
2. Our services
Our app provides a facility for analysing, sharing and commenting on financial data (our "Services"). Some of our Services are provided free of charge, while others require payment ("Premium Services"). Our subscription fees are charged per company on a monthly basis, with discounts available on annual plans. All price plans include unlimited users and usage. Channel distribution partners are charged directly per company on a monthly or yearly basis. Additional bespoke development will incur additional fees, subject to the amount of work involved. We reserve the right to change the cost of our Services, or to charge for other services, at any time. However, we will always notify you directly before any such change becomes effective, and offer you the opportunity to cancelling your subscription.
We also provide “account information services” in accordance with the Payment Services Regulations 2017. These services allow us to collect our customers’ banking transaction data and use such data to provide the Services. Collected transaction data is imported and analysed to provide users with financial insights, forecasts, and alerts. We also allow users to share their data, on a permission basis, with trusted third parties where it is lawful to do so in accordance with the Payment Services Regulations 2017 and other applicable law and regulation. We will never share any user data without explicit permission.
3. Access and registration
Access to our app is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our app without notice (see below). We will not be liable if for any reason our app is unavailable at any time or for any period.
From time to time we may restrict access to some parts of our app, or our entire app, to users who have registered with us. If you register with us, the information you provide on the registration form ("Registration Data") must be true, accurate, current and complete. You are responsible for maintaining your Registration Data to ensure that it remains accurate and up to date.
In order to access to our Premium Services you must have paid the relevant fees.
4. Our app changes regularly
We aim to update our app regularly, and may change the content at any time. If the need arises, we may suspend access to our app, or close it indefinitely. Any of the material on our app may be out of date at any given time, and we are under no obligation to update such material.
5. Reliance on information posted
Commentary and other materials posted on our app are not intended to amount to advice on which reliance should be placed. Subject to the final sentence of paragraph 7 below, we therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our app, or by anyone who may be informed of any of its contents.
6. Our intellectual property and your licence to use the app
- our app and our Services;
- any necessary software used in connection with our app and our Services (the “Software”); and
- all content contained within or generated by our app and our Services, including but not limited to text, images, charts, graphs and other materials, and specifically including charts, graphs, spreadsheets and other content generated from your Contributions (as defined below) (together, “Content”).
Your licence to use the Software is restricted to use of the object code of the Software, and it is a condition of such licence that, except to the extent expressly permitted under applicable law, you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. Additionally, you understand that you may have to agree to additional terms and conditions before you use such Software or any Content or Materials proprietary to a third party.
Without prejudice to rest of this clause, you agree:
- not to access the app, the Service or the Materials by any means other than through the interfaces that we provide for use in accessing the Service; or
- except as expressly authorised by us or relevant third parties, not to modify, rent, lease, loan, sell, distribute or create derivative works based on the app, our Service, the Software or the Content, in whole or in part.
You may print off one copy, and may download extracts, of any Content from our app for your personal reference and you may draw the attention of others within your organisation to Content posted on our app.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on our app must always be acknowledged.
7. Your uploads and confidential information
You retain (and we claim no ownership of) all intellectual property rights in and to any information, data, commentary or other materials ("Contributions") which you upload to our app. However, by uploading Contributions to our app, you grant us a worldwide, non-exclusive, royalty-free, perpetual, sublicensable and transferable licence to use, copy, store, transmit, reproduce, process, modify, publish and prepare derivative works of your Contributions for the purposes of providing you (and your organisation, if applicable) with our Services and for our product development, research and testing purposes.
- was lawfully known by us before receiving it from you;
- is received by us from a third party without knowledge of breach of any obligation owed to you;
- is expressly authorised by you to be shared with, or disclosed to, third parties; or
- was independently developed by us without reference to your information.
You also agree and understand that your Contributions (and our Content based on your Contributions) will be visible by any third party with whom you have shared such information.
You acknowledge that, when using our app, you may receive or have access to material which is expressly marked (or provided with a similar designation) to be considered confidential or could reasonably be expected to be regarded as confidential. You will keep such information strictly confidential for an indefinite period and not disclose such information unless:
- any use or disclosure of such information is expressly authorised in writing by us or required by applicable law; or
- such information is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
Whenever you make use of a feature that allows you to upload material to our app, or to make contact with other users of our app, you must comply with the content standards set out below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty in accordance with clause 12 below.
8. Additional services
Additional terms and conditions may apply to some of our specific Services. Where this is the case, you will always be given the opportunity to review and accept the terms before processing with the Service in question.
9. Content standards
These content standards apply to any and all material which you contribute to our app (“contributions”), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any Intellectual Property Right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
We will not be responsible, or liable to any third party, for the content or accuracy of your Contributions, and we have the right to remove any Contribution you make on our app if, in our opinion, such Contribution does not comply with the content standards set out in this clause.
If you wish to make a complaint in relation to any Contributions posted on our app, or if you believe that any Contribution posted on our app infringes an Intellectual Property Right that you own or have rights to, please contact us immediately at firstname.lastname@example.org.
10. Deleting accounts
11. Our liability
Whilst we take every reasonable precaution and care in relation to our app and our Services, the material displayed on our app is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
We accept no liability under or in connection with this agreement (whether such liability arises in contract, tort (including negligence) or otherwise) for any:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- waste of management or office time,
- (for each of (i) - (v) above, whether directly or directly occurring); or
- for any indirect or consequential loss or damage of any kind however arising.
To the extent permitted by applicable law, our total aggregate liability to you for all and any damages, losses or causes of action arising, by reason of or in connection with your use of (or inability to use) our app, shall be limited to any fees paid by you to use our app or our Services in the twelve (12) month period immediately prior to the date on which you made the claim.
This does not affect our liability for:
- death or personal injury arising from our negligence;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be excluded or limited under applicable law.
13. Information about you
14. Account access
In order to ensure that we are able to provide high-quality services that are responsive to our users' needs, you agree that our employees may have access to your account, your Contributions and your records as reasonably needed to investigate complaints.
15. Viruses, hacking and other offences
You must not misuse our app by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our app, the server on which our app is stored or any server, computer or database connected to our app. You must not attack our app via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our app will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our app or to your downloading of any material posted on it, or on any website or app linked to it.
16. Linking to our app
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website or app that is not owned by you.
Our app must not be framed on any other website or app, nor may you create a link to any part of our app other than the home page. We reserve the right to withdraw linking permission without notice. The website or app from which you are linking must comply in all respects with the content standards set out below.
If you wish to make any use of material on our app other than that set out above, please address your request to email@example.com.
17. Links and third parties
Where our app contains links to other apps, websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those apps, websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
We use a third-party payment processing provider to process payments made on our app. By making such payments you agree to be bound by the payment processor's terms of service, which you will be able to view prior to completing a transaction.
18. Prohibited uses
You may use our app only for lawful purposes. You may not use our app:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below.
- To transmit, or procure the transmission of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our app, our Services, the Software or the Content;
- any equipment or network on which our app, our Services, the Software or the Content is stored; or
- any equipment or network or software owned or used by any third party.
19. Interactive services
We may from time to time provide interactive services on our app, including, without limitation to allow users to share comments and company metrics with each other (“interactive services”).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered.
Please note that we do not monitor or moderate interactive services we provide on our app, and, except as required by applicable law, we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
20. Termination and suspension
The duration of this agreement will remain in effect until terminated under this clause 20. Any notice of termination of this agreement by either party is subject to the notice periods in this clause 20.
Termination for convenience: You may terminate this agreement for any reason by providing us at least 30 days’ advance notice. We may terminate this agreement for any reason by providing you at least 30 days’ advance notice.
- Immediate, temporary or permanent withdrawal of your right to use our app, our Services, our Software and the Content.
- Immediate, temporary or permanent removal of any of your Contributions.
- Issuing a warning to you.
- Legal proceedings being taken against you, including but not limited to for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
21. Communications under the Payment Services Regulations 2017 (“PSRs”)
To the extent we are required to make communications under the PSRs we shall either:
- communicate general messages to our customers via the notifications on the website, www.askfractal.com, or through the app; and
- communicate messages specific to individual customers to the email address provided by the customer during the registration process.
In the event of suspected fraud, we shall contact you using the contact telephone number and/or email address provided by you during the registration process.
22. Jurisdiction and applicable law