App Terms
QUARTZ DIGITAL LTD
Terms of Use
1. About us
1. Quartz Digital Ltd (“we” or “us” or “our”) is a company incorporated in England and Wales (company number 16253590) with its registered office at 3rd Floor, Marlborough House, Victoria Road South, Chelmsford, Essex, CM1 1LN.
2. Our App offers a secure way for you to connect your payment accounts and other financial accounts (for example, brokers, pension providers and other investment platforms) and view your consolidated financial data in one place.
3. When we refer to the “Service” in these Terms of Use, we mean all services and features we provide to you through the App, including the ability to connect your payment accounts and other financial accounts, and features that allow you to view and gain insights into your financial information.
4. The part of our Service that allows you to connect your payment accounts (“Account Information Services”) is regulated under the Payment Services Regulations 2017. Quartz Digital Ltd is authorised and regulated by the Financial Conduct Authority (“FCA”) as an Account Information Provider (“AISP”) under reference number 1043690 to provide these Account Information Services.
2. Definitions
The following words and phrases have the following meanings in these Terms of Use:
"Account Information” has the meaning given to it in 4.1.
“Account Information Services” or “AIS” has the meaning given to it in 1.4.
“Account Provider” means a payment service provider that provides and maintains a payment account (such as a current account or e-money wallet) for you.
“AISP” means Account Information Services Provider, as defined under the Payment Services Regulations 2017.
“App” means the mobile application developed and operated by Quartz Digital Ltd through which the Service is provided.
"Content” means all materials, insights, features, functionality, designs and other outputs generated or provided by us through the App or the Service, including visualisations, analytics, reports, graphs and other derivative materials.
“Information” means the Account Information and the Non-Payment Account Data.
“Non-Payment Account Data” has the meaning given to it in 4.1.
“Non-Payment Account Provider” has the meaning given to it in 6.3.
“Service” has the meaning given to it in 1.3.
“we” or “us” or “our” means Quartz Digital Ltd.
“you” means the user of the Service.
3. These Terms of Use
1. These Terms of Use are entered into between you and us when you create an account in our App. They will remain in effect until terminated as set out in section 15 (Termination) below.
2. We may update these Terms of Use from time to time. If we do, we will give you reasonable, advance notice of the changes via email or in-App notification, and we will publish the updated Terms of Use on the App or otherwise make them available to you.
3. You will have the right to reject any changes to the Terms of Use by discontinuing your use of the Service. If you continue to use the Service after the changes take effect, we will take it that you have accepted the updated Terms of Use.
4. Your Use of the Service
1. Our App allows you to access and view information about your payment accounts (such as current and debit accounts) ("Account Information") and other financial accounts (such as those held with brokers, pension providers and other investment platforms) (“Non-Payment Account Data”) in a consolidated form. Alternatively, you may add your financial information manually into the App.
2. To use our Service, you need to create an account in the App. By creating an account, you agree to these Terms of Use as described in section 3.1.
3. After creating an account, you can choose to link your payment accounts as explained in section 5 (Account Information Services) or other financial accounts as described in section 6 (Other Services). When you link an account, we will securely access the relevant Information from your chosen provider so that it can be displayed to you in the App.
4. We deliver your Information securely within the App. Once delivered, your Information is stored either on your device or securely on the Google Cloud Platform (GCP) in the UK. We will not process or use your Information beyond the scope of your consent or as permitted under applicable laws. You can link or unlink your accounts at any time.
5. Your Account Provider or Non-Payment Account Provider may, from time to time, change the Information they make available to you and to us. Our Service relies solely on the Information provided by your chosen providers when delivering the Service.
5. Account Information Services (AIS)
1. This section 5 applies only if you choose to link one or more payment accounts within the App. When you do so, you will be using the regulated Account Information Services that we provide under the Payment Services Regulations 2017 as an AISP registered with and regulated by the FCA.
2. To link one or more payment accounts, you can select your account(s) in the App and initiate a secure connection to your Account Provider. At this point, you will be asked to give your explicit consent for us to access your Account Information so we can deliver the Service.
3. After you give your consent, you will be securely redirected to your Account Provider to authenticate using your login credentials. This may include two-factor authentication, such as a password and biometric verification (e.g., fingerprint). We do not see or store your login credentials at any time. Once your Account Provider confirms your authentication, we will retrieve your Account Information as needed (including at times described in section 5.6) to provide the Service.
4. By giving your consent, you authorise us to access your Account Information to provide the Account Information Services. This consent will be valid for 90 days, after which you will be prompted to renew it via the App so we can continue to retrieve your Account Information. You may also revoke your consent at any time during this 90-day period in the App.
5. The Account Information we may retrieve and process includes:
1. Account details (such as names, account number, sort codes);
2. Account balances and transactions (such as debit or credit transactions and their details).
1. We will only access your Account Information in line with the frequency permitted by applicable laws and regulations.
6. Other Service (Non-AIS)
1. This section 6 applies if you choose to link one or more non-payment financial accounts within the App, such as investment or pension accounts.
2. To link these accounts, you may select them in the App and will be asked to provide explicit consent for us to access your Non-Payment Account Data from these accounts to deliver the Service.
3. Once you give consent, you will be securely redirected (via a secure webview or API) to your non-payment financial account provider (“Non-Payment Account Provider”) to authenticate using your login credentials. This may include two-factor authentication, such as a password and biometric verification. We do not see or store your login credentials at any time. Following successful authentication, we will retrieve your Non-Payment Account Data as needed to deliver the Service.
4. Depending on the way you securely connect to your Non-Payment Account Provider, your consent will apply as follows:
1. Secure web view: consent applies only to a single, user-initiated session. Each time you want us to access your Non-Payment Account Data to provide the Service, you must re-establish the connection and provide fresh consent via the App.
2. API connection: consent remains valid until you withdraw it. You may revoke your consent at any time via the App, which will prevent further access to your Non-Payment Account Data.
1. The Non-Payment Account Data we may retrieve and process may include:
3. Account details (such as names and fees);
4. Account balances, asset holdings and transactions (such as securities holdings, sale or purchase transactions and their details and descriptions).
7. Fees, Payment and Membership
1. You will be charged a monthly subscription fee to use the Service. By subscribing, you authorise us to charge the payment method you have chosen for your subscription fee. Subscription fees are payable monthly in advance and your subscription will automatically renew each month unless you cancel it. If you cancel your subscription, it will remain active until the end of the current billing period, after which no further fees will be charged.
2. If we make any changes to the subscription fees, we will notify you by email or by notification in the App at least 30 calendar days before the changes take effect.
3. We reserve the right, at our sole discretion, to offer promotional periods during which you may not be charged for the Service ("Promotional Period"). The duration of any Promotional Period will be determined by us and communicated to you in advance. Following the end of any such Promotional Period, regular subscription fees will apply where applicable. We will notify you in advance by email or by notification in the App at least 30 calendar days before charging any fees after the Promotional Period.
4. The Service is available to members only. You may join a waiting list to request access to the App. Inclusion on the waiting list does not create any contractual obligation for us to provide the Service immediately or at all.
8. Licence grant and use of the Content
1. In return for your acceptance of these Terms of Use, we grant you a non-exclusive, non-transferable and revocable licence to use the Service provided through the App (including to view the Content). This licence is granted to you personally. You may not transfer it, assign it or sell it to anyone else. Your right to use the Service is subject to your continued compliance with these Terms of Use.
2. We may block, suspend, restrict or disable your access to the App or the Service either in part or in full. We may take this action at any time and will not be liable for doing so, if:
1. we reasonably believe that doing so is necessary to protect the security of your Information, data you manually input into the App, other users’ Information, the App, or the Service;
2. you fail to provide information we have reasonably requested from you;
3. you breach any of the restrictions set out in section 11;
4. we reasonably believe that you use, or allow someone else to use, the App or the Service in breach of any applicable laws, rules, or regulations, or in connection with illegal, fraudulent or prohibited activities; or
5. we are required to do so by any law, regulation, court order, or instruction from an ombudsman, regulator or government authority.
1. We own all rights, title, and interest (including intellectual property rights) in and to the Service, the App, the Content and our technology. If you provide us with any feedback or suggestions about any part of the Service, the App, the Content or our technology, we may use them without any limitations.
2. As mentioned in our Privacy Policy, we may use third parties who help us deliver and support the Service, including regulated account information providers and other technology partners who enable specific features or functionality of the App. By using the Service, you grant us and these third party providers a non-exclusive, royalty-free, worldwide licence to use, store, display, transform, analyse, and create derivative materials from the Information and other information or content you add into the App, solely for the purpose of providing, maintaining, and improving the Service.
9. Your access to the Service
1. Whenever you use the Service, the version of these Terms of Use in force at that time will apply. Any updates to these Terms of Use will be communicated to you as described in section 3.2.
2. By using the Service, you confirm that:
1. the login credentials you use to connect your accounts are your own, and that you are authorised to use them to access those accounts and link them to the Service; and
2. you give us your express consent to access and retrieve Information from the accounts you choose to connect, and to display that Information to you via the App. For payment accounts linked under Account Information Services, this consent is provided as required under the Payment Services Regulations 2017.
1. We endeavour to ensure that the App and the Service are normally available 24 hours a day. However, we will not be liable if, for any reason, they are unavailable at any time or for any period.
2. Your access to the App and the Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair, or for reasons beyond our control.
10. Your privacy
1. We are committed to respecting your privacy and the privacy of all individuals using the App and the Service. For details about how we collect, use and protect your personal data, please see our Privacy Policy, which applies to your use of the App and the Service.
11. What You Can’t Do
You must not:
2. breach or attempt to breach the security of the App and/or Service (including, without limitation, by hacking or inserting malicious code);
3. resell the App and/or Service;
4. infringe our or any third party’s intellectual property rights in your use of the App, Service, and/or the Content;
5. rent, lease, loan, assign, distribute, license, sublicense, or otherwise transfer, the App, the Service, or any Content to any person or third party;
6. delete or modify any copyright or other intellectual property notices or watermarks on the Service, the App, or any Content;
7. copy, modify, disassemble, decompile, reverse-engineer, or create derivative works based on the whole or any part of the Service or the App, except to the extent allowed by law;
8. frame or use any framing techniques to enclose the App or any part of it;
9. take any action that places an unreasonable or disproportionately large load on servers or other infrastructure used by us; or
10. use the App and/or Service in any way which may cause, or be likely to cause, access to or use of the App and/or Service to be interrupted, damaged, or impaired in any way.
12. What We Can’t Promise
1. We do not provide financial advice. The Service is not financial advice and should not be considered to be such.
2. Other than as expressly set out in these Terms of Use or as implied by applicable consumer law, we do not make any commitments, promises or guarantees to you about our Service. For example, we do not guarantee the accuracy or completeness of the Content and we do not promise that any Content or the functions of the Service will be suitable for any specific needs that you may have. This does not affect your statutory rights.
3. We will deliver the Service with reasonable care and skill. However, we will not be liable or responsible for any failure in providing the Service or unavailability of the Service that is caused by any act or event beyond our reasonable control, including:
1. your own error;
2. restrictions placed on our ability to provide the Service by your Account Provider or Non-Payment Account Provider, as applicable;
3. unavailability of third-party platforms that we rely on to provide the Service, including those of your Account Provider or Non-Payment Account Provider, as applicable;
4. errors caused by API providers (or similar) that we rely on to provide the Service; or
5. network problems or outages,
(each, an “Event Outside Our Control”). We will make reasonable efforts to resolve or work around the Event Outside Our Control so that we can restore the Service fully as soon as reasonably possible.
4. The Information shown in providing the Service is based on the copy of the Information last obtained by us from your Account Provider or your Non-Payment Account Provider, as applicable.
5. While we hope the Content will be useful to you, we are not responsible for any decisions you make or actions you take based on your access to the Content or use of the Service generally. This includes any financial decisions or entering into or amending any other financial commitments.
6. We take reasonable steps to protect the security of the App and the Service. However, we do not promise that they are free from viruses, malware, and other digital security threats. You should take standard precautions to protect yourself, your systems, your equipment, and the Content that you access via the Service from such threats.
7. We are not responsible for any problems that you might have with the functionality or suitability of your Account Provider or your Non-Payment Account Provider, as applicable.
8. We are responsible for retrieving and transmitting your Information safely and securely but not for the content of the Information provided to us by your Account Provider or Non-Payment Account Provider as applicable, which is the responsibility of such provider. We are therefore not responsible for any inaccuracies, omissions, or errors in that Information.
9. Your use of the accounts and related services provided by the Account Provider or Non-Payment Account Provider, as applicable, will be governed by that provider’s own terms and conditions. These Terms of Use will not affect any of those terms. In particular, your Account Provider or Non-Payment Account Provider will have separate rules on data protection that will apply to your use of their services.
10. If following your use of the Service you notice unauthorised or suspicious transactions on your account with your Account Provider or Non-Payment Account Provider, you should immediately contact the relevant provider who may be responsible for investigating the matter and reimbursing you when necessary.
11. You are solely responsible for the accuracy and completeness of any information or data you manually input into the Service. We are not liable for any errors, losses, or issues that may arise from your use of or reliance on such information.
13. When You Might Be Liable
1. To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless Quartz Digital Ltd, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, subcontractors and advisors from and against any and all claims, liabilities, costs, and expenses, including, but not limited to, legal fees and expenses, arising out of a breach by you of these Terms of Use or a breach of your obligations, representations and warranties under these Terms of Use.
14. Liability
1. Nothing in these Terms of Use will exclude or limit our liability for losses which may not be lawfully excluded or limited by applicable law. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, or subcontractors and for fraud or fraudulent misrepresentation. Subject to sections 12.1 and 12.2, we will not be liable to you for any:
1. loss or damage that is not ‘foreseeable’ (loss or damage is ‘foreseeable’ if either it is obvious that it will happen or if, at the time you agree to these Terms of Use, both you and we are aware that it might happen); or
2. loss or damage which may be incurred by you as a result of:
1. any inaccuracies, omissions, or errors in the Information provided to us by your Account Provider or Non-Payment Account Provider, or in any data or information you manually add into the App;
2. the deletion of or failure to store any Information, Content and other communications data maintained or transmitted by or through your use of the App or the Service (it is your responsibility to make and retain copies of the Information if you require such copies); or
3. your failure to comply with these Terms of Use or provide us with accurate information.
2. Save to the extent that these Terms of Use state otherwise, nothing in these Terms of Use will exclude or limit your liability under section 13.
3. Please also see the ‘disclaimers’ set out in sections 9.3 and 12, which contain other important limitations on our liability to you.
4. Subject to section 14.1 and to the extent allowed by law, our total aggregate liability to you under these Terms of Use including for any issues, claims or disputes relating to the App or Service, will be limited to the total fees paid by you to us for the Service in the 12 calendar months immediately preceding the event giving rise to such liability.
15. Service duration and access termination or cancellation
1. You may stop using the App and the Service by canceling your subscription at any time through the App. If you do, these Terms of Use will no longer apply. However, certain provisions under these Terms of Use will continue to apply even when you no longer use the App or Service by their nature, for example section 14.
2. We may terminate these Terms of Use (and therefore your right to access and use the App and the Service) immediately by written notice to you, if:
1. you breach these Terms of Use in a serious or repeated manner;
2. you breach any of the restrictions in section 11;
3. we reasonably believe that you are using (or are allowing someone else to use) the App or the Service in breach of any applicable laws, rules, or regulations, or in connection with illegal, fraudulent or prohibited activities; or
4. we are required to do so by any law, regulation, court order, or instruction from an ombudsman, regulator or government authority.
1. We may also terminate these Terms of Use (and therefore your right to access and use the App and the Service) without cause, including if we decide to cease to provide the Service, by providing at least 30 days’ advance written notice to you.
2. On termination for any reason:
1. all rights to use the Service and App granted to you under these Terms of Use will immediately cease; and
2. you must immediately cease all use of the Service and App.
16. Other information
1. To contact us or make a complaint about the Service, you can send us an email at complaints@myquartz.ai.
2. If you have made a complaint and are not satisfied with our response you may be able to refer your complaint to the Financial Ombudsman Service (FOS). You can contact the FOS by email to complaint.info@financial-ombudsman.org.uk, phone at 0800 023 4567, or online at financial-ombudsman.org.uk.
3. The FCA’s contact details are as follows: Financial Conduct Authority , 12 Endeavour Square London, E20 1JN , Contact Centre: 0300 500 8082 , Consumer Helpline: 0800 111 6768
4. All communications in connection with these Terms of Use or the Service will be in English.
5. We may transfer our rights and obligations under these Terms of Use to another organisation. If we do so, this will not affect your rights or our obligations under these Terms of Use. You may only transfer your rights or obligations under these Terms of Use to another person if we give you our prior written consent.
6. A person who is not a party to these Terms of Use has no right to enforce any term of these Terms of Use.
7. If we fail to insist that you perform any of your obligations under these Terms of Use, 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. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
8. Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms will remain in full force and effect.
9. These Terms of Use will be governed by and construed in accordance with the laws of England and Wales.
10. Any claim or dispute between you and us arising out of or in connection with these Terms of Use, the App or the Service will be subject to the exclusive jurisdiction of the courts of England and Wales. However, you may also raise a complaint with the FOS as described in section 16.2.