SlideBy App Terms
Effective: July 2019
These Terms and Conditions (“App Terms”) apply to SlideBy Application (“SlideBy App”) owned and operated by Cashfac PLC (registration number 03781239), a company registered in England, registered office address: 50 Mark Lane, London EC3R 7QR (“Cashfac”) and its licensors. Cashfac PLC is a registered AIS (Account Information Service) and PIS (Payment Initiation Service) provider, reference no. FRN 805666 at fca.org.uk/register. Cashfac PLC is authorised and regulated by the Financial Conduct Authority.
In these App Terms, “we”, “us” and “our” means Cashfac PLC and its subsidiary companies and “you” and “your” means the person who wishes to use the SlideBy App. If you are entering into these App Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these App Terms as its authorized representative, in which case the terms “you” or “your” will refer to such entity and its affiliates as well as you. If the legal entity that you represent does not agree with these App Terms, you must not accept these App Terms, register, and use or access SlideBy App as an authorized representative.
An overview of the Service
The SlideBy App lets you see your business’s payment and balance history sorted by your customer and supplier transactions. The SlideBy App provides a real-time cash flow forecast based on your current cash at your bank/s and anticipated receipts and payments. The SlideBy App is an aid to help you make informed decisions on the customers and supplier payments central to your cash flow (“Services”).
SlideBy App is an aid to you in managing your cash flow. We are not authorised nor are we seeking to provide advice under the Financial Services and Markets Act 2000. If you require such advice or services, please seek independent advice from an authorised adviser.
The SlideBy App is free to download, however, some features or functionality within the SlideBy App may require you to make a one time or recurring (subscription) in-app purchase. Your internet or network service provider may also charge you internet or network services fees when using the SlideBy App online and these charges may vary depending on your internet or network service provider.
Our agreement with you
These App Terms form our agreement with you in relation to the provision of Services. The App Terms set out all conditions on which we will provide our Services to you. By registering for the SlideBy App, using the Services or becoming a user, you must accept these terms as part of the registration process. The App Terms is a legally binding agreement and you should read this carefully or seek independent legal advice.
There are a few other relevant policies that are linked here, which should be read in conjunction with the App Terms, or as standalone documents. These include:
Your use of the SlideBy App constitutes your agreement to abide by these App Terms and all relevant regulations and legislations. As long as you comply with these App Terms, Cashfac grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use SlideBy App and the associated Services.
Your use of the SlideBy App
Your right to access and use the Services is personal to you and is not transferable by you to any other person or entity. By using the Services, you warrant that you are at least 16 years old and agree to provide us with information which is accurate, and not to misrepresent your identity or your user information. You are only entitled to access and use the Service for lawful purposes.
For the purposes of these App Terms and solely to provide the account aggregation services to you as part of the Services, you grant us a limited rights access to third party sites, to retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. You understand, acknowledge and agree that when we access and retrieve account information from third party sites, we have your consent to act as your agent, not as the agent of, or on behalf of, the third party whose site we are accessing.
You understand and agree that the Services and SlideBy app is not sponsored or endorsed by any third parties accessible through the Services.
Accounts, passwords and security
Please let us know if any of your user details change, particularly your email address or mobile phone or number. If you don’t do this, we will not be able to deliver any alerts or notifications to you, and your ability to access the Service may be compromised.
You must not allow anyone to access the Services 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. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Cashfac immediately of any unauthorized use of your account or password, or any other breach of security by emailing email@example.com.
We’ll never ask you to disclose your full security details to us or to any other person or organisation. Even if the person requesting your details is using our name and logo and appears to be genuine, you must not share your details with them. You should report any such requests to us without delay.
You must not leave the device you’re using unattended while you’re logged on to the SlideBy App and you must make sure that any information stored or displayed on your device is kept secure. You must delete the SlideBy App from your mobile device if you change your mobile device or dispose of it. If your mobile device is lost or stolen, you must notify us without delay.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. Cashfac cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
Links to other sites and Third-Party providers
The Services may provide website links and resources from by third parties, including the bank(s) who provide you with your Banking services (“the Account Servicing Payment Service Provider/ASPSP”) customers or suppliers details you have uploaded onto the Services from time to time (“collectively, the Third Party Providers”).
You may delete any Third Party Provider account information from the Services if you no longer use these providers or no longer wish for us to hold this information.
Access to your accounts
You may choose to link SlideBy App to your personal bank account/s and you will be required to provide your personal account login details to our trusted partner Token io Ltd (“Trusted Partner”) for these services. Our Trusted Partner 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. Our Trusted Partner will only provide us with the relevant account transaction information and will not initiate any payments from your personal account(s).
You are permitted to use content delivered to you through the Services only on our SlideBy App.
By providing your account details to Trusted Partner, you agree and grant Trusted Partner permission to aggregate your personal data, which may then be stored outside of your own country to the extent permitted by applicable law.
You agree that when we retrieve your information relating to your personal accounts or your information required as part of the provision of the Services, we are doing so as your representative and on your behalf and not on behalf of or in the name of any third party.
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 laws, regulations or court orders.
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.
By using the Services, you represent that you are the legal owner of the data in your personal accounts or you have the consent of the owner of the personal Data and/or that you have the authority to appoint, and do expressly appoint, Trusted Partner 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.
For our compliance purposes and in order to provide the Services 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 Services 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.
What we ask you not to do
You agree that you will not:
- Use any robot, spider, scraper, deep link or other similar automated data-gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Services or any portion of it without our express written consent, which may be withheld at our sole discretion
- Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Services, other than the search engines and search agents available through the Services and other than generally available third-party web browsers (such as Safari)
- Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Services
- Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services
- You may not probe, scan or test the vulnerability of the Services or any network connected to the Services, nor breach the security or authentication measures on the Services, or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Services, or any other customer of Cashfac, to its source, or exploit the Services or any service or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Services.
- You may not use the Services or any content for any purpose that is unlawful or prohibited by these App Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Cashfac or others.
- 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.
Availability of Services
We cannot guarantee that the Services will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Services and for the security of your internet connection. You should use your own virus protection software.
Your access to and use of the Services may be interrupted or suspended from time to time to comply with regulations or law, and including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that we, in our sole discretion, may elect to take or outside of our control.
Whilst we will use all reasonable endeavours to provide you the Services, we neither guarantee the delivery or availability of the Services or the accuracy of any third-party contents, links or information.
You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. We will use reasonable endeavours to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
Termination and suspension
You can terminate your agreement at any time by emailing firstname.lastname@example.org with details of your account (email address, first name and surname).
We may at any time, terminate our agreement with you:
- if you have breached any provision of these App Terms or relevant policies (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these App Terms);
- if we in our sole discretion believe we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful);
- if there has been no access or user activity on the SlideBy App for a period of time;
- if we, at our sole discretion, no longer provide the SlideBy App.
For security we will confirm to you by email before closing your account. Once we have confirmed, your account will be closed and your ability to login will be deactivated.
You expressly understand and agree that:
- Your use of the Services and all information, products and other content (including that of third parties) included in or accessible as part of the Services is at your sole risk.
- The Services is provided on an “as is” and “as available” basis. Trusted Partner and us expressly disclaim all warranties of any kind as to the Services and all information, products and other content (including that of third parties) included in or accessible from the Services, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
We or our partner’s make no representations, warranties or guarantees of any kind, express or implied, that:
- the Services will meet your requirements;
- the Services will be uninterrupted, timely, secure, error-free, free of infection from any viruses or other code or computer programming retunes that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any systems data or person information;
- the results that may be obtained from the use of the Services will be accurate, reliable or complete;
- the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations; or
- any errors in the technology will be corrected.
Any material downloaded or otherwise obtained through the use of the Services 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 Trusted Partner or us through or from the Services will create any warranty not expressly stated in these Terms.
You must take sole responsibility for adequate protection and back up of data and/or equipment, and you must also undertake reasonable and appropriate precautions to scan for computer viruses or other destructive properties. We make no representations or warranties regarding the accuracy, functionality or performance of any third-party software that may be used in connection with the Services.
Limitations on our Liability
Except where prohibited by law, in no event will Cashfac be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Cashfac has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these App Terms, Cashfac is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Service or any content, Cashfac’s liability shall in no event exceed the total of any fees with respect to Services paid in the 3 months prior to the date of the initial claim made against. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
We are not a financial adviser, and the Services 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 Services is appropriate for you.
You agree to indemnify and hold Cashfac, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, partners and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Cashfac by any third party due to or arising out of or in connection with your use of the Services, your violation of these App Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
Intellectual Property Rights
All intellectual property rights in the Services belong to or are validly licensed to us. We grant you the right to view and use the Services subject to these terms. You may download or print a copy of information provided on the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent.
The Service and its original content (excluding content provided by users), features and functionality are and will remain the exclusive property of Cashfac or its licensors. The Service is protected by copyright, trademark, and other laws including in the UK, the United States and other countries. Cashfac’s or its third parties’ trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Cashfac. All right, title and interest in and to Cashfac and its third parties, the technology related to the Services, and any and all technology and any content created or derived from any of the foregoing is the exclusive property of Cashfac and its licensors.
All logos, trademarks or service marks belonging to a party other than Cashfac PLC or SlideBy remain the properties of the respective third party owners and no title or rights of ownership, copyright or any other intellectual property rights are to be transferred to you in any way.
Third Party Rights
You acknowledge and agree that the owners of the content and certain distributors (such as Apple Store) are intended beneficiaries of these App Terms and have the right to enforce these App Terms directly against you. Other than as set out in this section, the App Terms are not intended to grant rights to anyone except you and us, and in no event shall the App Terms create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the App Terms are not subject to the consent of any other person.
If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These App Terms are between you and us only, not with Apple, and Apple is not responsible for the Service and the content thereof.
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement, and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these App Terms, and upon your acceptance of these App Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these App Terms against you as a third party beneficiary of these App Terms. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Notifications and Alerts
All required notices will be sent electronically to the e-mail address that you provide as part of the registration process for the SlideBy App. Notifications will be sent to you if there is a material change to the Services, its terms, or Policies.
The Services may include alerts on your account activity within SlideBy. These can be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your customer and supplier transactions. We may add new alerts from time to time, or cease to provide certain alerts at any time at our discretion.
If you wish to complain about any element of the Services, please email us at 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.
If your complaint is about how we store or process your personal information, you can contact our Legal & Compliance Team at firstname.lastname@example.org or at Legal & Compliance Team, Cashfac PLC, 50 Mark Lane, London, EC3R 7QR.
Modifications to the App Terms
We may need to update or amend these App Terms from time to time to comply with applicable laws, regulations or to meet our changing business requirements.
We reserve the right, in our sole discretion, to change these App Terms from time to time (“Amended Terms”). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Amended Terms take effect. You agree that we may notify you of the Amended Terms by posting them on the Services or emailing you.
Governing Law and Forum for Disputes
These App Terms, and your relationship with us under the App Terms, shall be governed by the laws of England and Wales. Any dispute with us, or our officers, directors, employees, agents or affiliates, arising under or in relation to these App Terms shall be resolved exclusively through the English courts.
Other important matters
If any portion of these App Terms are deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this entire agreement shall not be deemed unlawful, void or unenforceable, but only that portion of the App Terms that is unlawful, void or unenforceable shall be deemed deleted from the App Terms.
If we do not exercise or enforce any legal right or remedy which is contained in the App Terms (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
All covenants, agreements, representations and warranties made in these App Terms shall survive your acceptance of these App Terms and the termination or cancelation of these App Terms.
Thank you for using SlideBy App.
LAST UPDATED: 1st August 2019