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End User Licence Agreement.

Introduction



This End User Licence Agreement (“EULA”) sets out the terms on which we (Thirdfort Limited, a company registered in England and Wales with number 10757456 and its registered office at BelleHouse, Platform 1 Victoria Station, London SW1V 1JT, “we”, “us”, “our”, “Thirdfort”) allow you to download and use the Thirdfort App (the “App”), which will then enable you to use and benefit from our services (“Thirdfort Services”), which include the ability for you to:

  • upload, store and share personal ID, financial and other information
  • communicate with your solicitor, estate agent or other professional adviser, provided they are a client of Thirdfort
  • E-sign documents
  • use such additional features and functionality that we may from time make available



We may from time to time need to change this EULA, whether to comply with changes in law, make changes to the App and/or the Thirdfort Services, or otherwise. If we make a change to the EULA we will let you know about the change when you next access the App.





Technical and other limitations on your use the App and the Thirdfort Services




We are unable to guarantee the availability of the App and the Thirdfort Services at all times.




Your use of the App and the Thirdfort Services are subject to the following restrictions, limitations and conditions:

  1. We use ‘passwordless entry’ to control access to the App. This means you will be asked to provide your Mobile number to log into the App and we will send you a code verification code via SMS for you to login to the App. You will be required to get a new SMS verification code each time you log into the App. You must keep any verification codes confidential. We are under no circumstances responsible for any losses or damage suffered by you as a result of your disclosure of any verification codes, whether or not the disclosure was intentional.
  2. When you use the App or send emails or text messages to us, you are communicating with us electronically. You consent to us contacting you and thereafter communicating with you by email, by text, by posting notices, alerts, prompts, information fields or other information through the App or by calling you in connection with your use of the App and the Thirdfort Services.
  3. Technical or security threats or issues affecting the Infrastructure may require us to suspend the Thirdfort Services in order to ensure they are secure and/or operating optimally.
  4. We operate anti-virus and malicious software prevention measures on our App, but we cannot guarantee that our services will always be virus-free. You should ensure that the device you use to access Thirdfort Services is protected against viruses and malicious software.
  5. Sometimes you will not be able to access and use the Thirdfort Services due to events outside our control. We are not responsible to you if this happens, but if it does then we will let you know as soon as we can and take all steps that we reasonably can to minimise the interruption to the Thirdfort Services.
  6. From time to time, we may make available new versions of or updates to the App. You must always adopt the latest version of the App any updates to the App. You acknowledge and agree you may not be able to use the Thirdfort Services until you have downloaded the latest version of the App and accepted any new terms.



Licence


You are licensed to download and store the App on your device, and to use the Thirdfort Services on the following terms:



  1. We or our licensors own the copyright and other intellectual property rights in the App and the Thirdfort Services (but excluding any information and other data that you upload via the App) ("Thirdfort IPR").
  2. We grant you a personal, non-transferable licence to use Thirdfort IPR to download the App, store the App on your device and use the Thirdfort Services.
  3. You are not permitted to do any of the following:
    • sub-license, rent, lease, loan, share or sell your right to access the App to any third party, or use the App for the benefit of any third party
    • use the App in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity
    • send spam or other unwelcomed communications to others
    • upload any content that contains software viruses, worms, or any other harmful code, or for which you do not have the necessary rights to use
    • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the App or any related technology
    • “scrape,” “crawl” or “spider” the App, whether by manual means or using automated software, devices, scripts robots
    • interfere with the operation of, or place an unreasonable load on, the App, or otherwise use the App in any way that causes, or may cause, damage to it.
  4. The App incorporates a tool provided byTrueLayer Limited (www.truelayer.com ) (“TrueLayer”)which enables you to send information about your payment accounts to us and other service providers. In order to use the App and the Thirdfort Services, you will be asked to enter your payment account details with TrueLayer and to agree to their End User Terms of Service which are available here. The Terms of Service set out, among other things, the terms on which you agree that TrueLayer may access information about your payment accounts and then share that information with us. Personal information that you provide toTrueLayer via the App is subject to our Privacy Policy, which is available here.
  5. You may share content and other material containing Thirdfort IPR with your solicitor, estate agent or other professional, provided that they are a client of ours.
  6. You may not use our registered trade mark "Thirdfort”, or any other brand, logo or trade mark of ours or of our affiliates.
  7. If the App or any of the Thirdfort Service contain links to other, third-party websites (“Third-party Sites"), then you acknowledge that the Third-party Sites are not under our control, and we are not responsible for, and do not endorse the content of, such sites. You will need to make your own independent judgement about your use of any Third-party Sites, including the terms of any privacy policy applicable to them and the purchase and use of any products or services available through them.


We may suspend your access to the App and the Thirdfort Services without notice to you if we suspect that they are being used in breach of the terms in this section.



Our liability to you



Because this EULA is a binding legal agreement, we must compensate you for loss you suffer if the App or the Thirdfort Services do not comply with this EULA. However, we do not compensate you for all losses.



We will:



  • compensate you for personal injury or death caused by our negligence or that of our employees
  • if the App is found to infringe the intellectual property rights of a third party and as a result you suffer loss or damage, compensate you for such loss or damage; and
  • if the Thirdfort Services are defective and damage a device or other digital content belonging to you, and we have not used our reasonable skill and care, compensate you for the actual and reasonable cost of repair or replacement of the device or content.


Questions regarding the App, the Thirdfort Services or this EULA



If you have a question or complaint regarding the App, the Thirdfort Services or this EULA then you should contact us by email at [email protected] or by writing to us at Belle House, Platform 1 Victoria Station, London SW1V 1JT.





Disputes



If you have a dispute directly with us, then you can contact us at [email protected]


This EULA is governed by English law.

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