UNTIED TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS CAREFULLY

BY BUYING, DOWNLOADING, ACCESSING, OR USING THE UNTIED SOFTWARE, SERVICES OR DOCUMENTATION, YOU AGREE TO BE BOUND BY THESE TERMS. THE TERMS APPLY WHETHER UNTIED SOFTWARE OR SERVICES ARE PAID FOR BY YOU, PAID FOR BY A THIRD PARTY, OR PROVIDED WITHOUT CHARGE. THIS INCLUDES USE BY YOU AS A HELPER OR IN ANOTHER THIRD PARTY CAPACITY. WE RESERVE THE RIGHT TO AMEND THESE TERMS AT ANY TIME. IF YOU DISAGREE WITH ANY OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR ACCESS AND YOUR USE OF THE UNTIED SOFTWARE OR THE SERVICES. CONTINUED USE WILL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS IN FULL, AS MAY BE AMENDED FROM TIME TO TIME.

1. WHO WE ARE AND WHAT THESE TERMS DO

1.1. UT Tax Limited, of 10 Chertsey Road, Woking, United Kingdom, GU21 5AB (we, us or our and trading as untied) provides:

(a) the untied online tax services, tax applications, data management, websites, online tools, application programming interfaces (APIs) and other services delivered directly or in conjunction with third parties and any updates or supplements (together, the untied Software).

(b) the data-gathering, tax estimation and calculation, preparation and tax submission capability made available through the untied Software including the content, features, tools, data, storage, support and integrations (Services);

(c) the related online and/or electronic documentation made available by us to you in relation to your use of the untied Software and Services (Documentation);

1.2. Subject to your continued compliance with these terms and conditions and payment of the relevant licence fees, we hereby grant you a personal, revocable, non-transferable and non-sublicensable licence to use the untied Software, Services and Documentation.

1.3. These terms and conditions, which include any other terms and conditions incorporated by reference (together, the Terms) form the agreement between the customer (you, your) and us regarding your use of the untied Software, Services and Documentation. By using any of the untied Software, Services and Documentation, you agree to comply with the Terms.

1.4. The untied Software is made available to you on the condition that you read and accept the Terms. By using, downloading or installing the untied Software, you agree to be bound by these Terms. You must not download, and are not permitted to use, install, display or register with the untied Software if you do not agree to be bound by these Terms.

2. REGULATORY AND COMPLIANCE OBLIGATIONS

2.1. We have regulatory and compliance obligations which may include in relation to anti‑money laundering (AML), counter terrorism financing, politically exposed persons and financial sanctions. You undertake to provide us with such information and documentation as we may reasonably require from you in order to enable us to conduct such checks, which may include data you provide in the untied Software, Services and Documentation. You authorise us to use such information in any manner necessary to enable us to conduct such checks. Except where otherwise provided for, such information will only be used for this purpose. In order to meet and to provide evidence of meeting our compliance obligations, we will retain records in relation to such checks for a minimum of five years after the cessation of our relationship with you. After this period, records will be deleted in accordance with our policies and procedures.

2.2. We are regulated by the Financial Conduct Authority as a registered account information services provider with reference 910169.

2.3. We are supervised by the Chartered Institute of Taxation under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

3. LICENCE FEES AND PAYMENT

3.1. untied Software, Services and / or Documentation may be made available on a subscription basis, on a per use basis, or on a standalone basis (any of which, or combination of which, is a licence plan). Trial or free services may also be made available. These are offered at untied’s sole discretion and may have limited functionality which may change from time to time compared to the paid version. Licence fees may be billed directly, or via a third party including Google Play, the Apple untied Software Store, Paddle (paddle.com) and Stripe (stripe.com), which may act as the merchant of record for the purpose of processing your payment. Your licence fee may also be paid for by another party you have a relationship with, for instance an accountant or financial institution. Each licence fee will give access to a specific set of functionality for a specific amount of usage or period of time. Licence fees and licence plans may be reviewed and change from time to time, subject to you being able to choose to cancel before any change takes effect.

3.2. From time to time, we may make promotional offers or discounts (offers). Unless otherwise stated:

(a) offers are only for user accounts with licence plans initiated via untied.io. They are not available if you sign up or subscribe via Google Play or the Apple App Store, or their associated apps;

(b) offers cannot be combined and only one offer can be applied to any licence plan;

(d) an offer may require a coupon code to be entered. It is your responsibility to ensure that this has been applied before you pay according to the licence plan;

(e) offers may be limited to certain groups of users including to new or to existing users;

(f) offers may be based on relationships with third parties. You may be asked to demonstrate your relationship. In providing this information, you give untied permission to verify that relationship with that third party to check that you are entitled to the offer;

(g) offers may be limited including to specific licence plans, usage, services, functionality, devices, or periods;

(h) offers cannot be applied retrospectively; and

(i) individual offers may be subject to other requirements. It is your responsibility to ensure that these have been met.

3.3. Where untied Software, Services and / or Documentation are made available on a subscription basis, we may offer trial periods and information to help you determine that the untied Software or Services are right for you. If you wish to upgrade or change your licence plan, specific offers may be made available from time to time, or you can contact us via our support resources.

3.4. Licence plans are priced for ongoing year-round use. We may offer shorter licence plans – which may include monthly plans. Shorter licence plans may have different capability compared to what would be available under longer licence plans. Shorter plans are intended to help users spread the cost or for a genuine one-off requirement for instance if someone is no longer within self-assessment. We reserve the right to apply, and you agree to pay, an annual licence plan in the event of repeated one-time use and/or additional charges to resume a licence plan that has expired or been terminated by you or us. Such charges may be applied at the time of resumption or at another time. If your licence plan has expired, your data is at risk, even if payment is made to resume the licence plan.

3.5. Other third parties including accountants, other professional advisers or trusted third party support services may also pay for the untied Software or the Services for you to use as part of your relationship with them. Your contract with them may specify the website that you need to use to access the untied Software or any of the Services and will relate to a specific licence plan and set of untied Software functions and Services. Features, pricing and terms of licence plans made available in association with such third parties may differ from licence plans available directly from us. If you use the untied Software or any of the Services on behalf of an organisation or a user, you warrant that you have the right and authority to act on their behalf.

3.6. Once a licence plan has commenced or been extended or renewed, refunds will not be given unless we are unable to provide a service to you or if there is a material breach by us of these terms and conditions, in which case we will give a pro-rata refund. If you wish to upgrade or change your licence plan, specific offers may be made available from time to time, or you can contact us via our support resources.

3.7. We may have relationships with third parties through which we pay an amount to them for introducing you to untied. Such arrangements may include one-off or ongoing relationships, and potential calculation bases include referral fees and revenue sharing dependent on your use of, and payment for, untied. The third parties could be organisations, or individuals including other untied users through “refer a friend” type of arrangements. Unless otherwise agreed with the third party, payment under these arrangements is at the sole discretion of untied.

4. YOUR PRIVACY

4.1. We will only use the personal information we collect through your use of the untied Software and the Services in the ways set out in our privacy policy which can be accessed on our website at www.untied.io or here.

4.2. While we take a range of steps to ensure the security of the information we hold including the use of third-party specialist providers, password protection, and backup in secure servers, please be aware that internet transmissions are never completely private or secure and that any message or information you send using the untied Software or the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

4.3. When you download the untied Software, for example from Google Play or the Apple App Store, or pay for the untied Software or the Services via a subscription or payment platform such as Paddle or Stripe, the relevant app store or subscription or payment platform may also collect personal information about you. They do this independently of us. We encourage you to read the Google Privacy Policy, Apple Privacy Policy, Paddle Privacy Policy and Stripe Privacy Policy (as applicable) to understand how these third parties may collect, use and disclose your personal information.

5. WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE AND LOCATION DATA

5.1. By using the untied Software, you agree to us collecting and using technical information about the devices you use the untied Software on and related software, hardware, and peripherals to maintain and develop our products and to provide any Services to you.

5.2. To make use of certain features of the untied Software and Services including for journey logging, we may need to use location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the untied Software on the device.

6. OPERATING SYSTEM REQUIREMENTS

6.1. The untied Software may require a device with internet access, minimum memory, browser capability, and operating systems. We accept no liability in respect of the untied Software working on your device. You are responsible for ensuring that your device is suitable for the untied Software before purchasing, installing or using it and for maintaining compatibility. You must ensure that your device contains adequate anti-virus protection, access controls and any appropriate firewall protections to prevent unauthorised access and use.

7. SUPPORT FOR THE UNTIED SOFTWARE

7.1. In order to use certain features of the untied Software, the Services or the Documentation, you may need to provide us with your email address and telephone number. By doing so you consent to receive messages from us to guide and support you in setting up and using the untied Software and the Services.

7.2. The untied Software gives you the ability to allow us access to your untied account. Without such access, our ability to support you or to respond to specific questions you may have may be limited. Our support resources can be found here.

8. CONTACTING US AND HOW WE WILL COMMUNICATE WITH YOU

8.1. If you think the untied Software, Services or Documentation are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@untied.io.

8.2. If we have to contact you we will do so by email, by telephone, by WhatsApp, by SMS or other electronic means, or by post, using the contact details you have provided to us.

8.3. We will never ask you for your untied password or HMRC password.

9. HELPERS - ACCOUNTANT, PROFESSIONAL ADVISER AND TRUSTED THIRD PARTY SUPPORT SERVICES

9.1. You may elect within the untied Software to get support from an accountant, other professional adviser or trusted third party support service (Helper), either in respect of a specific issue or on an ongoing basis. In some cases we may also be a Helper.

9.2. In these circumstances, you acknowledge that your Helper may be granted access to your account or transaction information within your account and may use permissions set in the untied Software or the Services to view information from your HMRC account. Your tax return may be submitted by the Helper using their HMRC agent login and agent credentials. Additionally, where you have elected to get support from a Helper, you acknowledge that where you use a function within the untied Software to seek help by clicking the “I need help” icon or otherwise, we may email or otherwise transmit details of your request or transaction information to your Helper for them to assist you.

9.3. You are entirely responsible for making sure that your Helper is suitable for you. A third party having adviser access to untied does not imply any professional qualifications or suitability for your needs. You acknowledge that, where you elect to use a Helper, we are not responsible or liable for their actions, or any support or services they provide to you. Electing to use a Helper will create a separate and independent contract between you and your Helper which may or may not form a professional engagement such as for accounting services.

9.4. If the untied Software is provided as part of your relationship with a Helper, it may be a condition of your relationship with them that access is granted to them. They may also require certain data sharing to be in place and this will be subject to your contract between you and your Helper.

9.5. In certain cases your Helper may carry out certain activities on our behalf. For instance if you are using a product provided by an accountant we may ask them to perform identity checks on our behalf if any are required in order for you to be able to access functionality in the untied Software. The details will be set out to you either as part of the contract with your Helper or in the relevant part of the untied Software, Services or Documentation .

9.6. These Terms also cover your use of the untied Software, Services and Documentation as a Helper.

9.7. As a Helper:

(a) you may be provided with an adviser account with untied which may allow you to make filings on behalf of others;

(b) you are responsible for your own compliance in acting as a Helper;

(c) you are responsible for ensuring that filings are made only against accounts that have a paid licence plan. If filings are made against an account that does not have a paid licence plan, you acknowledge that untied may charge you for the appropriate licence plan, and you agree to make any such payment; and

(d) you are responsible for your use of the untied Software, Services and Documentation and we make no warranties to you. You indemnify us in respect of all claims against us in relation to any of your acts or omissions, and will support us where necessary in defending our position.

10. DATA SHARING

10.1. Among the features of the untied Software, you may elect to give consent for your data to be shared with or transferred to a third party which may include a Helper.

10.2. You acknowledge that we are not responsible or liable for the support or services they provide or for the data once it is shared with or transferred to them.

11. HOW YOU MAY USE THE UNTIED SOFTWARE

11.1. In return for your agreeing to comply with these Terms you may:

(a) view, use, and display the untied Software and the Services on your device(s) for your purposes only;

(b) where applicable, download or stream a copy of the untied Software onto your device(s);

(d) receive and use any free supplementary software code or update of the untied Software as we may provide to you.

11.2. The ways in which you can use the untied Software may also be governed by the terms imposed by the app store from which you downloaded it. In the event of a conflict between these Terms and the relevant app store terms, the app store terms shall take priority.

12. YOU MAY NOT TRANSFER THE UNTIED SOFTWARE TO SOMEONE ELSE

12.1. We are giving you personally the right to use the untied Software and Services and Documentation as set out above in “HOW YOU MAY USE THE UNTIED SOFTWARE”. You may not otherwise transfer the untied Software, Services or Documentation to someone else, whether for money, for anything else, or for free. If you sell any device on which untied Software is installed, you must remove the untied Software from it.

12.2. Unless you have an adviser account with untied, you may not use untied to file tax returns for anyone other than yourself.

13. CHANGES TO THESE TERMS

13.1. We can make any changes to the Terms at our sole discretion. We may do so for reasons including but not limited to improving the existing functions or features or adding new functions or features to the untied Software or Services, making reasonable technical adjustments, and for legal and regulatory reasons.

13.2. When we make material changes to the Terms, we will provide you with notice as appropriate under the circumstances such as by displaying a prominent notice or seeking your agreement within the untied Software or the Services, or sending you an email or other communication. In some cases, we will notify you in advance and your continued use of the untied Software and the Services will constitute your acceptance of the changes. Please, therefore, make sure you read any such notice carefully. If you do not wish to continue using the untied Software, the Services and the Documentation under the new Terms, you may terminate your use of untied.

14. UPDATE TO THE UNTIED SOFTWARE AND CHANGES TO THE SERVICES

14.1. We can update and change the untied Software, Services and Documentation for any reason. You may be required to update the untied Software to continue using it. This could be a manual or automatic update. Reasons for updates may include to improve performance or usability, enhance functionality, reflect changes to the operating system, or address security issues. This may require you to update, at your own cost, the functionality of other compatible software such as operating systems and browsers in order to ensure compatibility with the untied Software.

14.2. If you choose not to install such updates or if you opt-out of automatic updates you may not be able to continue using the untied Software, Services and Documentation.

15. IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING

15.1. If you use the untied Software on any device you don’t own, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

16. LICENCE RESTRICTIONS

16.1. You agree that you will:

16.2. not rent, lease, sub-license, loan, provide, or otherwise make available, the untied Software, Services or Documentation in any form, in whole or in part to any person without prior written consent from us;

16.3. not copy the untied Software, Services or Documentation , except as part of the normal use of the untied Software or where it is necessary for the purpose of backup or operational security;

16.4. not translate, merge, adapt, vary, alter or modify, the whole or any part of the untied Software, Services or Documentation nor permit the untied Software, Services or Documentation or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the untied Software and Services on devices as permitted in these Terms;

16.5. not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the untied Software, Services or Documentation nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the untied Software to obtain the information necessary to create an independent program that can be operated with the untied Software or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

(a) is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;

(b) is not used to create any software that is substantially similar in its expression to the untied Software;

(d) is used only for the Permitted Objective; and

(e) complies with all applicable technology control or export laws and regulations that apply to the technology used or supported by the untied Software or any Service.

17. ACCEPTABLE USE RESTRICTIONS

You must:

17.1. not use the untied Software, Services or Documentation in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful content, into the untied Software, Services or Documentation or any operating system;

17.2. not infringe our intellectual property rights or those of any third party in relation to your use of any of the untied Software, the Services or the Documentation, including by the submission of any content to the extent that such use is not licensed by these Terms;

17.3. not transmit any content that is defamatory, offensive, or otherwise objectionable in relation to your use of any of the untied Software, the Services or the Documentation;

17.4. not use any of the untied Software, Services or Documentation in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

17.5. not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from our systems.

18. YOUR RESPONSIBILITIES

18.1. In using the untied Software, the Services or the Documentation, you undertake, acknowledge, and agree:

18.2. you will keep all your information (including where applicable a current email address) up to date and you are responsible for ensuring the accuracy and completeness of your information in connection with your use of the untied Software, Services or Documentation including, without limitation, making manual entries in respect of any accounts that are not connected to the untied Software and any other data you enter into the untied Software;

18.3. you are responsible for verifying the accuracy of any information that you use from the untied Software, Services or Documentation for your legal, tax, and compliance obligations;

18.4. you are responsible for retaining relevant documentary evidence in relation to all transactions submitted through the untied Software and outside of the untied Software;

18.5. you are responsible for categorising any decisions you make using the untied Software or the Services;

18.6. you are responsible for responses to any wizards provided;

18.7. you are responsible for the security of your access credentials and passwords which must not be shared with anyone. You must notify untied as soon as possible if you think they may be compromised; and

18.8. we do not provide tax advice unless explicitly stated and you are responsible for determining whether you need to take professional tax or legal advice.

19. HMRC REQUIREMENTS

19.1. You acknowledge that His Majesty’s Revenue and Customs (HMRC) may require certain information and records to be retained in a specified form and for a specific minimum period. It is your responsibility to ensure you comply with this and all other HMRC requirements. We accept no liability for failure to comply with any HMRC requirements. In particular:

19.2. You must ensure all information sent to HMRC is proper and complete. If for any reason, HMRC cannot view the contents of submissions, or they are not proper and complete, the obligation to make a return may not be satisfied. We accept no liability if the information is not proper and complete through your fault.

19.3. You acknowledge it is your responsibility to ensure that any tax filings and payments meet the due date. While we will make commercially reasonable efforts to ensure tax filings are submitted quickly, and to enable payments to be processed efficiently, we accept no liability for tax filings or payments which are not received by HMRC or are received after the due date.

19.4. Tax calculations in untied are indicative only. In addition, you and/or HMRC may have information that we are not aware of that may affect the amount that you owe. You acknowledge it is your responsibility to ensure that correct payment is received by HMRC, and has cleared into the HMRC account, on or before the due date. Failure to do so may result in interest and/or a surcharge to which we shall not be liable.

19.5. You acknowledge that by submitting information to HMRC, your details may also be stored on HMRC systems and will be governed by the HMRC privacy policy. You understand that we have no control over HMRC systems or policies.

19.6. You acknowledge your that in order to submit tax returns to HMRC, you may need to provide us with relevant tax reference numbers including your Unique Taxpayer Reference (UTR). When you file with our software you may be required to enter the relevant credentials and passwords provided to you by HMRC. By entering them, you acknowledge that these credentials including passwords may be stored locally on your device to effect your submissions. We will not request your credentials and will not have access to your credentials.

19.7. You acknowledge that certain features of the untied Software or the Services including "express submit" may require identity verification including personal details and evidence of your name and address and such other information and documentation as we may reasonably request. You give us permission to use your information to undertake such identity checks. Access to these features is provided at our discretion.

19.8. Any appointment of us as a tax agent is purely for the exchange of data and associated communications on your behalf and is not an advisory relationship. We will not, as a matter of practice, give HMRC access to your data without your permission. This will be subject to HMRC processes for the appointment and removal of tax agents and other compliance obligations.

19.9. You acknowledge it is your responsibility to maintain information and records in accordance with HMRC requirements and that the data that you enter and documents you upload may not be sufficient to meet these obligations. For as long as you pay the appropriate licence fee and maintain an active licence plan with us which includes storage and subject to our privacy policy, we will support you towards your obligations by retaining the transactions you have claimed, and data you have entered and uploaded for at least the minimum period required by law for tax data. Unless specified, all active paid tax filing licence plans include storage of data entered. Some licence plans support the upload of files that meet a specification that we may define from time to time including in terms of file type and size. If a file has not been uploaded against a transaction or filing, we are not responsible for storing it.

19.10. If your licence plan expires or is terminated by us or you, we are not responsible for retaining your data. If your licence plan is terminated or expires, or you do not pay the licence fee, you may lose your data.

19.11. We recommend that you back up content and data used in connection with the untied Software and the Services, to protect yourself in case of problems with the untied Software. You should download your data before you terminate your licence plan or before it expires.

20. THIRD PARTY APPLICATIONS

20.1. Certain features of the untied Software or the Services rely on us accessing transactions or other information from your selected bank and other financial accounts. As a registered account information services provider we can, with your express permission, receive or access your bank transaction information from your accounts with a bank or financial institution. This is called a bank feed. We may also act as an agent of other registered account information service providers or payment initiation service providers. We use a number of third-party providers (Third Party Providers) to help us provide these bank feeds and payment services. If you wish to set up a bank feed you will need to explicitly consent to us receiving or accessing your transaction information using the prescribed authorisation/authentication method. In addition, you will also be required to accept the terms and conditions of the relevant Third Party Provider including in relation to payment services. Such Third-Party Providers are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies. You will need to make your own independent judgement about whether to use such Third Party Providers. The Third-Party Providers we currently use are:

(a) TrueLayer: We use tools provided by TrueLayer Limited (UK bank accounts) and TrueLayer (Ireland) Limited (EEA bank accounts) (TrueLayer) to provide bank feeds and payment services. We are agents of TrueLayer for some services. In order to use TrueLayer services in relation to bank accounts, you will be required to enter your payment account details, or, for Open Banking connections, you will be redirected to your bank in order to authenticate yourself. The relevant TrueLayer End User Terms of Service set out the terms on which you agree to TrueLayer accessing information on your payment accounts for the purposes of transmitting that information to us. TrueLayer is subject to UK and EU data protection laws and is required to treat your data in accordance with those laws. TrueLayer Limited is authorised by the UK Financial Conduct Authority under the Payment Services Regulations 2017 to provide account information services, payment initiation, and other services (Firm Reference Number: 901096). TrueLayer (Ireland) Limited is authorised and regulated by the Central Bank of Ireland under the European Union (Payment Services) Regulations 2018 for the provision of Payment Services (Firm Reference Number: C433487). For UK bank accounts, use of the tools is subject to the TrueLayer Limited End User Terms of Service and Privacy Policy. For EEA bank accounts, use of the tools is subject to the TrueLayer (Ireland) Limited End User Terms of Service and Privacy Policy.

(b) Plaid: We may provide you with regulated account information services as an agent of Plaid Financial Ltd which is an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services including account information services. Plaid Financial Ltd provides us with a portal through which you can authorise Plaid Financial Ltd to share your open banking data with us. You acknowledge and agree that when using the Plaid Financial Ltd service, you will comply with Plaid Financial Ltd's policies.

(c) Tink: We use tools provided by Tink AB which is a VISA group company. These are subject to Tink's Consumer Terms and Conditions and Privacy Policy accessible from here. Tink is regulated in Sweden. Tink regulatory information can be found here and its FCA status can be found here.

20.2. By agreeing to these Terms you agree, if you use the relevant features, to be bound by the terms and conditions of the relevant Third Party Provider (and as subsequently amended from time to time) and any other third party terms subsequently accepted by you while using the untied Software, Services and Documentation (Third Party Terms) together with any privacy policies or notices set by such providers. Any breach by you of the Third Party Terms shall, without limiting any other remedy available to the Third Party Provider, be deemed to be a breach of these Terms. We accept no responsibility for any loss suffered by you as a result of the use of any third-party application.

20.3. Once we have retrieved your transaction information, we will import it into your untied account and only use it to provide the Services to you in the normal way. The same applies to any consolidated information we create out of that transaction information. Any such transaction information will be a reflection of the transaction information held with your bank or financial institution. We are not responsible for any inaccuracy or incompleteness of this information.

20.4. You can stop using third-party account information services at any time. If you do, that may change the way in which the untied Software and Services are made available to you.

20.5. From time to time, we may allow you to share data from other third-party services and platforms in order to use the untied Software and the Services. You are responsible for confirming the data that is submitted from your third-party service to the untied account, and verifying that it is properly applied in your untied account. We are not responsible for your data or use of third-party services.

21. INTELLECTUAL PROPERTY RIGHTS

21.1. You agree that the untied Software, Services and Documentation including but not limited to content, graphics, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by us and/or Third-Party Providers, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services in compliance with these Terms. No portion of the untied Software, Services or Documentation may be reproduced in any form or by any means, except as expressly permitted by these Terms. You agree not to modify, rent, loan, sell or distribute untied Software, Services or Documentation or any related content in any manner, and you shall not exploit the untied Software, Services or Documentation in any manner not expressly authorised.

21.2. The “untied” name and other trademarks, service marks, graphics, and logos used in connection with the Services are trademarks or registered trademarks of UT Tax Limited or Third Party Providers in the United Kingdom and other countries throughout the world. You are granted no right or licence with respect to any of the aforesaid trademarks.

21.3. You are encouraged to provide feedback and suggestions regarding the untied Software, Documentation and Services. We reserve the right to use any feedback or suggestions provided by you for any purpose, and in providing the feedback or suggestions you assign associated intellectual property rights to us. This helps us to improve what we do, and to make it relevant to you and to other users.

22. DATA

22.1. You own and are responsible for your data in the untied Software and Services.

22.2. We may aggregate and anonymise user data in the untied Software and Services in such a manner that the data subject is not or no longer identifiable, and make use of such aggregated anonymised data.

23. LIMITATION OF LIABILITY

23.1. These Limitation of Liability provisions should be read carefully as they limit our legal liability to you in connection with your use of the untied Software, Services or Documentation.

23.2. This section sets out our entire legal liability to you (including any liability for the acts or omissions of our employees, agents, and subcontractors) in respect of:

(a) any breach of these Terms however arising;

(b) any use made of the untied Software, Services or Documentation by you; and

(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with these Terms.

23.3. Nothing in these Terms shall attempt to limit or exclude the liability for:

(a) death or personal injury resulting from negligence; or

(b) fraud or fraudulent misrepresentation; or

(d) breach of section 2 of the Consumer Protection Act 1987; or

(e) the deliberate default or wilful misconduct of us, our employees, agents or subcontractors.

23.4. While we have taken all reasonable steps to ensure the accuracy of the untied Software, Services and Documentation, to the maximum extent permitted by law:

(a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to your use of the untied Software, Services and Documentation; and

(b) all implied warranties, terms and conditions relating to the untied Software, Services and Documentation (whether implied by statue, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose or any special purpose, availability, non-infringement, information accuracy, interoperability, quiet enjoyment and title are hereby excluded.

23.5. In particular, but without prejudice to paragraph ‎22.4, we accept no responsibility for any technical failure of the internet and/or the untied Software; or any damage or injury to you or your equipment as a result of or relating to your use of the untied Software, Services or Documentation . Your statutory rights are not affected.

23.6. We do not represent or guarantee that the untied Software or Services or Documentation will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability related thereto to the fullest extent permitted by law.

23.7. We are not responsible for data charges you may incur in connection with your use of the untied Software, Services or Documentation .

23.8. Subject to the foregoing and unless covered by separate agreement, our maximum aggregate liability under or in connection with these Terms and your use of the untied Software, Services or Documentation , whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to a sum equal to the greater of £50 and the licence fees you have paid to untied in the preceding 12 months.

23.9. These Terms set out the full extent of our obligations and liabilities in respect of your use of the untied Software, Services and Documentation. In particular, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these Terms. Any condition, warranty, representation or other term concerning your use of the untied Software, Services and Documentation which might otherwise be implied into, or incorporated in, these Terms, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.

23.10. We do not offer tax advice. Unless expressly stated, any information as part of the untied Software, Services or Documentation is provided for general information only and is not a substitute for professional advice, HMRC guidance or HMRC advice. You are responsible for checking any data brought from HMRC. The material contained on the untied Software, Services or Documentation is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:

(a) All conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity;

(b) Any liability caused to you as a result of a tax investigation by HMRC or any other legal or tax authority;

(c) Any liability incurred by you in connection with any missed deadline imposed by HMRC or any other legal or tax authority;

(d) Any liability for any direct, indirect or consequential loss or damage incurred by you in connection with the untied Software, Services or Documentation or in connection with the use, inability to use, or results of the use of the untied Software, Services or Documentation including:

(i) loss of income or revenue;

(ii) loss of business;

(iii) loss of profits or contracts;

(iv) loss of anticipated savings;

(v) loss of data;

(vi) loss of goodwill;

(vii) wasted management or office time; and

(viii) whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

23.11. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

24. WAIVER AND INDEMNITY

24.1. By using the untied Software, Services or Documentation , you agree, to the extent permitted by law, to indemnify us, our directors, employees, officers, affiliates, agents, advisers, contractors, and licensors with respect to any claims arising out of your breach of these Terms, your use of the untied Software, Services or Documentation , any action taken by us as part of an investigation of a suspected violation of these Terms or as the result of a finding or decision that a violation of these Terms has taken place. You agree that you shall not sue or recover any damages from us, our directors, employees, officers, affiliates, agents, contractors and licensors as a result of a decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the untied Software or the Services or to take any other action during the investigation of a suspected violation or as a result of a conclusion that a violation of these Terms has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by these Terms.

25. SPECIAL TERMS FOR BETA SERVICES AND FUNCTIONALITY

25.1. From time to time we may make certain services or functionality available on a limited basis and designate these as "beta" or using another term that indicates they are in development or testing such as “alpha”, “test” or “prototype” (each a “Beta Service” even if designated with another term). These may include services for taxpayers and for agents and would typically relate to new or experimental capability.

25.2. A Beta Service is provided to you for the purpose of development, testing and evaluation. You acknowledge that a Beta Service may contain bugs, errors, and other issues, and that its functionality may be limited.

25.3. Certain Beta Services may be subject to specific requirements which will be specified to you or as part of the service. These may include limiting the use to the purpose of evaluating its performance and providing feedback to untied, and/or availability being subject to a non disclosure agreement or similar confidentiality undertaking. In such cases, the Beta Service and all related information, including but not limited to the features, functionality, performance, and user interface, will be confidential and proprietary to untied. You agree not to disclose any information related to such a Beta Service to any third party without the prior written consent of untied.

25.4. A Beta Service is provided to you "as is," without warranty of any kind. untied disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. untied does not warrant that the beta product will be uninterrupted or error-free.

25.5. In no event will untied be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the use of the Beta Service, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.

25.6. Where appropriate, you are responsible for ensuring that you have permission from any data subject to use their data in the Beta Service including for testing purposes. untied may be a data processor and/or a data controller in your use of the Beta Service. If untied is a data controller, you will refer the data subject to untied's privacy policy. If untied is a data processor with you as the data controller, this will be covered by your own privacy policy with the end user. If you are a data controller, GDPR requires agreement in writing for untied to act as your data processor. This is to be completed before using untied to process your data.

25.7. Data entered and the results of the use of the Beta Service will be used by untied for the purposes of further development, testing and evaluation. The Beta Service may involve manual steps and data entry. You agree to this by the use of the Beta Service.

25.8. You are responsible for any data received by you in using the Beta Service.

25.9. untied may terminate your use of a Beta Service at any time and for any reason. You must immediately cease using the Beta Service if your use is terminated.

25.10. Beta Services may be subject to additional terms and conditions.

26. SUITABILITY

26.1. Check that the untied Software and the Services are suitable for you. The untied Software and the Services have not been developed to meet your individual requirements.

26.2. You are responsible for verifying that the facilities and functions of the untied Software and the Services (as described on the site of the relevant app store, on the untied website, and in the Documentation) meet your requirements. In particular, you should be aware that the untied Software is for UK taxpayers only and does not support all income and expense scenarios. Unless explicitly stated, we do not provide tax advice.

27. EVENTS OUTSIDE OUR CONTROL

27.1. We are not responsible for events outside our control. If our provision of the Services or support for the untied Software or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your licence plan and receive a refund for any Services you have paid for but not received.

27.2. You acknowledge that we have no control over tax or legal investigations by HMRC or any other legal or tax authority.

28. WE MAY END YOUR RIGHTS TO USE THE UNTIED SOFTWARE AND THE SERVICES IF YOU BREAK THESE TERMS

28.1. We may end your rights to use the untied Software, Services or Documentation at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

28.2. If we end your rights to use the untied Software, Services or Documentation :

(a) You must stop all activities authorised by these Terms, including your use of the untied Software, Services and Documentation;

(b) You must delete or remove the untied Software from all devices in your possession and immediately destroy all copies of the untied Software which you have and confirm to us that you have done this.

29. WE MAY TRANSFER THESE TERMS TO SOMEONE ELSE

29.1. We may transfer, assign, charge, sub-contract, or otherwise dispose of our rights and obligations under these Terms.

30. YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE

30.1. You may only transfer assign, charge, or otherwise dispose of any of your rights or your obligations under these Terms to another person if we agree in writing.

31. NO RIGHTS FOR THIRD PARTIES

31.1. These Terms do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.

32. IF A COURT FINDS PART OF THESE TERMS ILLEGAL, THE REST WILL CONTINUE IN FORCE

32.1. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

33. EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER

33.1. Even if we delay in enforcing any Term, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

34. WHICH LAWS APPLY TO THESE TERMS AND WHERE YOU MAY BRING LEGAL PROCEEDINGS

34.1. These Terms are governed by English law and you can bring legal proceedings in respect of these Terms in the English courts. If you live in Scotland you can bring legal proceedings in respect of these Terms in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of these Terms in either the Northern Irish or the English courts.

UNTIED TERMS AND CONDITIONS OF USE

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