Finclude EULA

Last updated on: December 28, 2021

1. Interpretation

1.1 In these Terms of Service:

“Account Information”

means consolidated information on one or more payment accounts held by you with either another payment service provider or with more than one payment service provider, that is made available to us to download by your bank or other payment service provider in connection with your payment account(s), including transaction history, where you have given your permission for us to access it.

“Account Information Services” means the online service we provide to you of providing the Account Information to you or the Customer on your behalf;

“Finclude Platform” means the system that allows you to provide permission for us to access Account Information from your payment account(s), including the sign-up screens and our website at finclude.ai.

“Customer” means a company that you are a customer of and that you have given us permission to share your Account Information and/or Reports with.

“Reports” means reports generated by Finclude on the basis of the Account Information.

“Service” means the provision of Account Information and Reports to Customers.

“Terms of Service” means the terms and conditions of service as set out in this document.

“you”, “your” means you, the person to whom the Account Information relates and the person who consents to us providing the Account Information and/or Reports to Customers.

2. Information about us

2.1 The Finclude Platform is operated by Verge Capital Limited trading as Finclude (company no: 630528) which is a private limited company with its registered address at Riverside One, Sir John Rogerson’s Quay, Dublin 2, D02 X576 Ireland and its head office at Harcourt Centre, Harcourt Road, Dublin 2, D02 HW77 (“Finclude”, “we”, “us” and “our”).

2.2 Finclude is registered as an account information service provider with the Central Bank of Ireland (reference no: C191059) in accordance with Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market (PSD2) as transposed into Irish law by the European Union (Payment Services) Regulations 2018.

2.3 Account Information Services provided by Finclude to you under these Terms of Service are lawfully undertaken by virtue of our registration with the Central Bank of Ireland (which has attributed us registration number C191059) in accordance with the provisions of the European Union (Payment Services) Regulations 2018 (S.I. No. 6 of 2018). All other services, including financial behaviour assessment, are not regulated in such a manner and you are advised of such in terms of considering the scope of the activities for which we are registered with the Central Bank of Ireland.

2.4 If you wish to contact us, please email: [email protected] or write to us at our head office address as stated above.

3. Account Information Services

3.1 We provide regulated Account Information Services, which will allow you to access Account Information. At your instruction and consent, we will share that Account Information, or a Report, with our Customers who will use that Account Information or Report to provide a service to you that you have agreed to use.

3.2 Finclude provides the Service to its Customers to enable them to make decisions in connection with their dealings with you, such as whether to offer you a particular product or service. Finclude does not make such decisions itself, but instead provides the Customer with Account Information or Reports that the Customer can use as part of its decision making process.

3.3 In order to offer the Service to its Customers, Finclude must be given your permission to access and download Account Information from your payment accounts that you decide to link to the Finclude Platform. You are under no obligation to allow us to access your Account Information, but if you do, our access will be subject to these Terms of Service.

3.4 These Terms of Service apply to your use of the Finclude Platform, please read them carefully before using the Finclude Platform. 3.5 We will not charge you for your use of the Account Information Services. However, third parties, including the Customer, may charge you for any products or services they provide to you which make use of the Account Information Services we provide to you under these Terms of Service.

4. Access to Your Account Information

4.1 As part of the sign up process you will be provided with a form that allows you to choose which payment account(s) we will be able to download Account Information from. Where you select a payment account, you will need to consent to our access to the Account Information using the process that has been put in place by your payment account provider. Where you provide your consent you will be consenting for us to access your Account Information and to provide this to the Customer including using the Account Information to provide a Report to our Customer. We will only access account information on your payment accounts and associated payment transactions in accordance with your consent.

4.2 By default we will be provided with access to your Account Information for a period of 90 days. After that time we will contact you to renew the permission where this is necessary. We will only use or store such Account Information for the purposes of providing the Account Information Service to you as requested by you. The maximum execution time for providing the Account Information Services to you and Reports to the Customer is 1-2 working days.

4.3 You may withdraw your permission for us to access your Account Information with all of your payment accounts by following the process set out at My.finclude.ai However if you wish to withdraw your permission for a specific payment account please contact us at [email protected] or contact the payment account provider directly on their app.

5. Duration of our Agreement

5.1 These Terms of Service will remain in place whilst you continue to allow us to access Account Information from your payment account(s).

5.2 Where you withdraw your permission for us to access Account Information with all of your payment accounts, this will then terminate the contract between us that incorporates these Terms of Service.

6. Customer Use of Account Information and Reports

6.1 Where we provide a Report to our Customers based on our analysis of your Account Information this is generated by our proprietary algorithms. It is not a credit report or credit score within the meaning of the Credit Reporting Act 2013 or otherwise.

6.2 You agree that we are not responsible for any use of the Account Information or Reports by our Customers.

7. Liability

Important – Please read this section carefully as it addresses our liability to you

7.1 To the fullest extent permitted by applicable law, Finclude’s total liability to you shall in no case exceed €100.00 whether or not such liability arises in contract, tort (including negligence) or otherwise, provided always that Finclude shall not in any event be liable for:

  1. any unforeseeable losses that you might suffer in connection with your use of the Account Information Services, the Finclude Platform or our Customer’s use of the Service;
  2. any losses that you suffer that are as a result of your misuse of the Finclude Platform;
  3. loss of profit, loss of business, business interruption, or loss of business opportunity if you use the Finclude Platform for any commercial or business purposes.

7.2 We do not exclude our liability for:

  1. death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
  2. fraud or fraudulent misrepresentation.

8. Licence and Intellectual Property Rights

8.1 Subject to these Terms of Service, Finclude grants you a limited, non-exclusive, revocable and non-transferable right to use the Finclude Platform.

8.2 All intellectual property rights in the Finclude Platform, including the design of such, are the valuable and exclusive property of Finclude (or its licensors, where applicable), and nothing in these Terms of Service shall be construed as transferring or assigning any such ownership rights or any other interest in such rights to you or any other person or entity

9. Data Protection

9.1 Please read our Privacy Policy to understand how your personal data may be processed.

10. Errors and unavailability

10.1 While Finclude takes reasonable efforts to ensure that the Account Information and Reports that it provides to its Customers are accurate, it depends on other parties (including the payment service providers) to provide it with accurate and complete information. The Finclude Platform may contain errors, inaccuracies and omissions. Finclude does not guarantee the accuracy, completeness, reliability or currency of the content and information made available in connection with the Services and can only provide Reports to Customers based on the payment accounts you have given us permission to access and to provide Reports on. Therefore, the more payment accounts you provide us with permission to access and provide Reports to our Customer on, the more information we can include in the Report. Finclude reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice but does not accept any liability for any failure to do so.

10.2 The Finclude Platform (and therefore the availability of Account Information and Reports in connection with the Service) may be temporarily unavailable from time to time for various reasons including, without limitation, due to required maintenance, telecommunications interruptions, or other disruptions. Finclude will not be liable if for any reason the Finclude Platform or any part thereof is unavailable at any time.

11. Security of communications over the Internet

11.1 Finclude will ensure that the personalised security credentials you use in relation to the Account Information Service are not, with the exception of you and the issuer of the personalised security credentials, accessible to other parties and are transmitted by Finclude by safe and efficient means.

11.2 Without prejudice to 11.1, whilst Finclude has taken all reasonable security precautions, the nature of communication via the internet and other electronic means is such that we cannot guarantee the privacy or confidentiality of any information relating to you passing by such method. You accept that communications may not be free from interference by third parties and may not remain confidential.

12. Communications

12.1 These Terms of Service are provided in English only and Finclude will communicate with you in relation to these Terms of Service and the Account Information Services in English. Key information relating to the Account Information Services will be provided to you at the email address you provided to us and on our website. You may access, download and print this information at any time at my.finclude.ai

12.2 In the event of actual or suspected fraud or security threats in relation to the Account Information Services, we will notify you by email and/or text message at the email address and mobile phone number you have provided us with.

13. Suspension and Termination

13.1 Finclude reserves the right to suspend or terminate your access to the Finclude Platform where such access is causing harm to Finclude. Without prejudice to the foregoing, the following may lead to suspension or termination of your access to the Finclude Platform:

  1. a material or persistent breach of these Terms of Service;
  2. any suspected or actual improper use of the Finclude Platform; and
  3. where your actions bring Finclude into disrepute, conflict or might otherwise damage its reputation.

13.2 We may terminate these Terms of Service for any other reason by giving you 2 months’ notice of such termination.

13.3 You may terminate these Terms of Service by giving us one month’s notice. You may send such notice to us at [email protected]

14. General

14.1 Finclude may vary these Terms of Service from time to time. You will be deemed to have accepted such varied Terms of Service unless you notify us before their proposed date of entry into force that the changes are not accepted. The varied Terms of Service will only apply to any subsequent use you make of the Finclude Platform. In the event that you reject such varied Terms of Service you have the right to terminate these Terms of Service free of charge and with effect at any time before the date when the changes would have applied had you not rejected the changes.

14.2 These Terms of Service are personal to you and may not be assigned to any other person. Finclude may assign and sub-contract its rights and obligations under these Terms of Service.

14.3 Finclude’s failure to enforce at any time or for any period any one or more of the terms in these Terms of Service shall not be construed as a waiver of them or the rights attaching to any of them.

14.4 If any provision of these Terms of Service is held to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms of Service and the remainder of the provision in question shall not be affected thereby.

14.5 The European Commission Online Dispute Resolution Platform is available at the following link http://ec.europa.eu/odr. If you have a complaint, you may avail of our alternative dispute resolution procedure. Please contact usat [email protected] If the complaint is not resolved to your satisfaction you may also refer your complaint to the Financial Services and Pensions Ombudsman who can be contacted at Lincoln House, Lincoln Place, Dublin 2,D02 VH29 or at [email protected].

14.6 These Terms of Service shall be governed by the laws of Ireland. For the avoidance of doubt, mandatory consumer laws in the country in which you live shall continue to apply to these Terms of Service. The courts of Ireland shall have non-exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Service or its subject matter or formation (including non-contractual disputes or claims). You can bring a claim to enforce your consumer protection rights in connection with these Terms of Service in the country in which you live.