1.1 Emma Technologies LTD ("Emma", “Emma Technologies”, "our", or "us") is a company registered in England and Wales whose registered office is at 15 Jutland Street, Jutland House #50, Manchester, United Kingdom, M1 2BE and whose registered number is 10578464.
1.2 Emma is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services. Reference no. 794952
2.1 Emma provides a personal finance information management service that allows you to consolidate and track your financial information (the "Service"). By using the Service you warrant that you are at least 18 years old and a resident of the United Kingdom.
2.2 The Service will allow you to:
2.3 The purpose of the Service is to show you all your financial information in one place. We monitor and analyse your Personal Account. Based upon our Algorithm, we identify recurring payments, overdrafts, low balances, refunds and other elements that are displayed to you.
2.4 You acknowledge and agree that the Service is not endorsed or sponsored by the providers of your Personal Accounts.
3. 2 You must not allow anyone to access the Service on your behalf. You must treat as confidential the information you provide as part of our security procedures, and you must not disclose it to any third party.
4.1 To use the Service, you must first provide your Personal Account login details to our trusted partner, TrueLayer LTD. (“TrueLayer”), TrueLayer will then automatically download transactional information relating to your Personal Account(s) and continue to do so at certain times until you withdraw your consent for it to do so. TrueLayer will only provide us with a ‘screen grab’ of your Personal Account transaction information and will not initiate any payments from your Personal Account(s).
4.3 You are permitted to use content delivered to you through the Service only on our site or App. You may not copy, reproduce, distribute, or create derivative works from this content.
4.4 By providing your account details to TrueLayer, you agree and grant TrueLayer permission to aggregate your personal data, which may then be stored outside of your own country to the extent permitted by applicable law.
4.5 You agree that when we retrieve your information relating to your Personal Accounts or your information required as part of the provision of the Service, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.
4.6 You agree that we will be entitled to disclose your identity and information relating to your Personal Account(s) to third parties if we are required to do so by any applicable law or court order.
4.7 We do not check the accuracy of the Personal Accounts information and personal information you provide to us and we rely on you and your Personal Account providers to ensure that the Personal Accounts information and personal information you provide to us is up to date and accurate.
4.8 By using the Service, you represent that you are the legal owner of the data in your Personal Accounts and that you have the authority to appoint, and do expressly appoint, TrueLayer and/or its third party providers as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.
4.9 For our compliance purposes and in order to provide the Service to you, you hereby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Personal Account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.
4.10 You agree that our third-party services providers are third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.
6.1 You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provision of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together "Viruses").
6.2 You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device.
6.3 You must not access the Service via a means not authorised by Emma, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with Emma’s express written consent).
6.4 You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with Emma.
6.5 Emma does not accept unsolicited content, information, ideas, suggestions or other materials except where Emma has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions.
6.6 Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of this paragraph 6, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.
7.1 Your browsing and interaction on any other website or your use of other services, including websites and services which have a link to the Service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding.
7.2 The Service, or communications from it or comments within it, may include links to third-party websites, applications or features ("Third Party Services"). These links are provided for your information only.
7.3 Emma does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).
8.1 You agree that you are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the Service.
8.2 We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Service and for the security of your internet connection. You should use your own virus protection software.
9.1 We expect to need to update or amend these Terms from time to time to comply with law or to meet our changing business requirements.
10.1 You expressly understand and agree that:
10.2 TrueLayer and us make no warranty that:
10.3 Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from TrueLayer or us through or from the Service will create any warranty not expressly stated in these Terms.
11.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
11.2 We only provide the Service for domestic and private use. You agree not to use the product 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.
11.3 We do not in any way exclude or limit our liability for:
11.4 Subject to clause 13.3, and to the extent permitted by applicable law, TrueLayer will not be liable to you in connection with the Service (including your use or inability to use the Service) for:
11.5 We are not a financial adviser, and the Service is not intended to provide financial advice. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you.
12.1 You agree to protect and fully compensate TrueLayer and us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
13.2 The responses described above are not limited and we may take any other action we reasonably deem appropriate.
14.1 You may link to any page of our Website, provided that you do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so.
14.2 You must not suggest any form of association, approval or endorsement on our part where none exists.
14.3 You must not remove, obscure or modify any advertisements, copyright notice or other information on our Website. Our Website must not be framed on any other website.
15.7 Nothing in paragraph 15 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.
16.1 You may cancel your user account at any time. Note, extended periods of inactivity may also result in cancellation or Account Information stored in the Service being made unavailable. To cancel your account email firstname.lastname@example.org with your primary email address.
17.1 If you have an enquiry or complaint about the Service, or simply wish to get in touch, you should contact our customer services team via our email email@example.com. In the event that you have a complaint we cannot settle, you may be entitled to refer it to the Financial Ombudsman Service (FOS). Further information about the FOS is available from their website www.financial-ombudsman.org.uk.
You may also submit a dispute for online resolution by using the European Commission Online Dispute Resolution Platform at https://webgate.ec.europa.eu/odr/.
Thank you for using the Service.
LAST UPDATED: 13 January 2018