My Firms App – end-user licence agreement

Please read carefully before downloading the App.

This end-user licence agreement (EULA) is a legal agreement between you and My Firms App Ltd, of 1st Floor 37-39 Victoria Road, Darlington, Co. Durham, DL1 5SB, United Kingdom (MFA, us or we) for the version of our mobile app which is provided to you by your Professional Adviser, containing information provided or verified by your Professional Adviser (App). Your Professional Adviser who provides you with access to the App is referred to in this EULA as “your Professional Adviser”.

We are providing you with a licence to use the App. Your Professional Adviser is providing you with the information comprised in the App.

You should note that we are not responsible for the accuracy or completeness of any financial or tax information you can find on the App. This information is provided to you by the Professional Adviser under whose brand the App is provided. The information available in the App is general and indicative in nature and not intended to be a substitute for financial advice from your Professional Adviser based on your particular circumstances.

We license use of the App to you on the basis of this EULA and subject to any rules or policies applied by any App Store from which you download the App (App Store Rules). We do not sell the App to you – we licence it to you for limited use. We remain the owners of the App at all times.

Operating system requirements

This App requires an Apple iOS or Android device. The minimum device we support is the latest release per vendor plus it’s predecessor. The App may work on other devices but the devices specified above are the minimum devices we test on and guarantee that the App will run for.

Important notice: Please pay particular attention to the disclaimer in condition 1.6 in respect of the finance information on the App; and the limitations on our liability you, set out in condition 6.

If you do not agree to the terms of this EULA, we will not license the App and documents to you and you must stop the downloading process now.
You should print a copy of this EULA for future reference.

1. Acknowledgements

1.1. The terms of this EULA apply to the App, including any updates or supplements to the App, unless they come with separate terms, in which case those terms apply. We may change these terms at any time by notifying you of a change when you next start the App. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App.

1.2. From time to time updates to the App may be issued through the App Store. Depending on the update, you may not be able to use the App until you have downloaded or streamed the latest version of the App and accepted any new terms.

1.3. The terms of our privacy policy change from time to time, available here (Privacy Policy) are incorporated into this EULA by reference. Additionally, by using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand, that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

1.4. By using the App, you consent to us collecting and using technical information about your activity on the App and your device, for the purposes of research, analysis and to improve our products.

1.5. The App may contain links to other independent third-party websites (Third-party Sites). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgement regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them.

1.6. The App contains financial and tax information (including calculators). These have been provided using information supplied or verified by your Professional Adviser. Your Professional Adviser, not us, is responsible for that information and you agree that we will have no duty or liability to you in respect of it.

2. Grant and scope of licence

2.1. In consideration of your agreeing to abide by the terms of this EULA, we grant you the non-transferable, non-exclusive right to use the App on your mobile device, subject to these terms, the Privacy Policy and the App Store Rules, incorporated into this EULA by reference. We reserve all other rights.

2.2. You may download the App onto an Apple or Android device, in line with the operating system requirements set out at the beginning of this agreement and view, use and display the App on the Devices for your personal purposes only.

3. Licence restrictions

3.1. Except as expressly set out in this EULA or as permitted by any local law, you agree:

3.1.1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;

3.1.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;

3.1.3. not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;

3.1.4. except where specifically permitted by law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;

3.1.5. not to provide or otherwise make available the App in whole or in part (including object and source code), in any form to any person without prior written consent from us; and

3.1.6. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

4. Acceptable use restrictions

4.1. You must:

4.1.1. not use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for
example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, or any operating system;

4.1.2. not infringe our intellectual property rights or those of any third party in relation to your use of the App, including the submission of any material (to the extent that such use is not licensed by this EULA);

4.1.3. not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;

4.1.4. not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

4.1.5. not collect or harvest any information or data from our App or our systems or attempt to decipher any transmissions to or from the servers running the App, for any purposes other than your own personal use.

5. Intellectual property rights

5.1. You acknowledge that all intellectual property rights in the App anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use each of them in accordance with the terms of this EULA.

5.2. You acknowledge that you have no right to have access to the source code of the App.

6. Limitation of liability

6.1. You acknowledge that the App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the App as set out in the App Store description meet your requirements.

6.2. You acknowledge that your Professional Adviser has provided and verified the information in the App. We do not warrant that any financial, tax or other information in the App is true or accurate and we exclude all liability in respect of the accuracy, completeness, fitness for purpose or legality of that information.

6.3. You acknowledge that the information may be updated, altered or removed, from time to time, at any time, without notice to you.

6.4. We only supply the App for domestic and private use. You agree not to use the App for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

6.5. We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence up to the limit specified in Condition 6.6 immediately below, but we are not responsible for any unforeseeable loss or damage. Loss or damage is foreseeable if it is an obvious consequence of our breach or if they were contemplated by you and us at the time we granted you the EULA.

6.6. Our maximum aggregate liability under or in connection with this EULA whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to allowing you to download another copy of the App free of charge. This limitation does not apply to the types of loss set out in condition

6.7. Nothing in this EULA shall limit or exclude our liability for:

6.7.1. death or personal injury resulting from our negligence;

6.7.2. fraud or fraudulent misrepresentation; and

6.7.3. any other liability that cannot be excluded or limited by law, including breach of any term implied into this EULA by the Consumer Rights Act 2015 as to the App’s satisfactory quality, fitness for purpose and matching its description in the app store from which you downloaded it.

7. Termination

7.1. We may terminate this EULA and with it, your access to the App, immediately by written notice to you:

7.1.1. if you commit a material or persistent breach of this EULA which you fail to remedy (if remediable) within 14 days after the service of written notice requiring you to do so; and

7.1.2. if you breach any of the restrictions regarding use of the App in Conditions 3and 4 above.

7.2. On termination for any reason:

7.2.1. all rights granted to you under this EULA shall cease;

7.2.2. you must immediately cease all activities authorised by this EULA, including your use of the App; and

7.2.3. you must immediately delete or remove the App from all your devices, and immediately destroy all copies of the App in your possession, custody or control and certify to us that you have done so.

8. Communication between us

8.1. If you wish to contact us in writing, or if any condition in this EULA requires you to give us notice in writing, you can send this to us by e-mail to [email protected].

9. Events outside our control

9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this EULA that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (Event Beyond MFA Control).

9.2. If an Event beyond MFA Control takes place that affects the performance of our obligations under this EULA:

9.2.1. our obligations under this EULA will be suspended and the time for performance of our obligations will be extended for the duration of the Event beyond MFA Control; and

9.2.2. we will use our reasonable endeavours to find a solution by which our obligations under this EULA may be performed despite the Event beyond MFA Control.

10. Opens Source Software

If any open-source software is included in the App, the terms of an open-source licence may override some of the terms of this EULA.

11. Other important terms

11.1. We may transfer our rights and obligations under this EULA to another organisation, but this will not affect your rights or our obligations under this EULA.

11.2. You may only transfer your rights or obligations under this EULA to another person if we agree in writing.

11.3. If we fail to insist that you perform any of your obligations under this EULA, 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.

11.4. Each of the conditions of this EULA operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

11.5. Which laws apply to this contract and where you may bring legal proceeding? These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.

12. Mandatory Apple terms – For iOS users

12.1. By downloading the App from the Apple iTunes App Store, the following terms also apply to you:

12.1.1. Acknowledgement: Both of us acknowledge this constitutes an agreement between you and us only, and not with Apple, and we, not Apple, are solely responsible for the App and your Professional Adviser, not Apple are responsible for the content thereof.

12.1.2. Scope of Licence: This Licence granted to you for the App is limited to a non- transferable license to use the App on an iPhone, iPad or iPod touch that you own or control and as permitted by the Usage Rules set forth in the App Store Terms and Conditions (the “Usage Rules”).

12.1.3. Maintenance and Support: We, not Apple, are solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement. We and you both acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

12.1.4. Warranty: We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in this EULA. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

12.1.5. Product Claims: We and you acknowledge that We, not Apple, are responsible for addressing any claims by you or any third-party relating to the App or your use or possession of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

12.1.6. Intellectual Property Rights: You and We acknowledge that, in the event of any third-party claim that the App or Your Professional Adviser, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

12.1.7. Legal Compliance and Export: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

12.1.8. Third Party Beneficiary: We and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.