Ducit.ai EULA

PLEASE READ THESE LICENCE TERMS CAREFULLY

Who we are and what this agreement does

We are Ducit.ai Ltd (”Ducit.ai”) (company number 11050006) of PO BOX 421, Burgess Hill, West Sussex, RH15 5EA. Ducit.ai is authorised and regulated by the Financial Conduct Authority under registration number 816952.

We license you to use:

  • The Ducit.ai mobile application software, the data supplied with the software, (App) and any updates or supplements to it.
  • Any related online documentation (Documentation).
  • The service you connect to via the App and the content we provide to you through it (Service).

as permitted in these terms.

Your privacy

We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.

We are committed to ensuring that your personal data is secure. In order to prevent unauthorised access or disclosure to it, we have put in place suitable physical, electronic and operational procedures to safeguard and secure the personal data we collect about you. In particular, we protect your personal data by deploying SSL and high standard encryption algorithms. We also ensure that we meet security standards imposed by law that are applicable to the operation of Ducit.ai.

We will never ask you for your PIN or other security credentials.

The Apple App Store and Google Play Store’s terms also apply

The ways in which you can use the App and Documentation may also be controlled by the Apple App Store and Google Play Store’s rules and policies:

Operating system requirements

This app requires a mobile device running Apple iOS or Google Android operating system. The version of each operating system supported by the app and additional requirements such as minimum memory will be described in the release notes on the Apple App Store and Google Play Store. Devices will require internet connectivity using either WiFi or cellular connection. GPS capability is required for location dependent services.

Support for the App and how to tell us about problems

Support. If you want to learn more about the App or the Service or have any problems using them please email our customer service team at support@ducit.ai.

Contacting us (including with complaints). If you think the App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email our customer service team at support@ducit.ai.

How we will communicate with you. If we have to contact you we will do so by email using the contact details you have provided to us.

How you may use the App, including how many devices you may use it on

In return for your agreeing to comply with these terms you may:

  • download a copy of the App onto compatible devices and view, use and display the App and the Service on such devices for your personal purposes only.
  • use any Documentation to support your permitted use of the App and the Service.
  • provided you comply with the Licence Restrictions (see below), make copies of the App and the Documentation for back-up purposes; and - receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

You must be 18 to accept these terms and buy the app

You must be 18 or over to accept these terms and install and use the App.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above (”How You May Use The App”). You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Changes to these terms

We may need to change these terms to reflect changes in law or best practice, to deal with additional features which we introduce or to patch software bugs.

We will notify you of a change when you next open the App.

If you do not accept the notified changes you may not be permitted to continue to use the App and the Service.

Update to the App and changes to the Service

From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.

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 App and the Services.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it, however we may add new features from time to time.

If someone else owns the phone or device you are using

If you download the App onto any phone or other device not owned by you, 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.

We may collect technical data about your device

By using the App or any of the Services, you agree to us collecting and using technical information about the devices you use the App on and related software, hardware and peripherals to improve our products and to provide any Services to you.

We may collect location data (but you can turn location services off)

Certain Services, such as our fraud prevention service, will make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the App on the device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services.

You may stop us collecting such data at any time by turning off the location services in the settings of your device.

The App or any Service may contain links to other independent websites or mobile apps which are not provided by us. For example, the App may divert you directly to the website or mobile app of your bank account provider(s). Such independent sites and mobile apps are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).

You will need to make your own independent judgement about whether to use any such independent sites or mobile apps, including whether to buy or use any products or services offered by them.

Licence restrictions

You agree that you will:

  • not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;
  • not copy the App, Documentation or Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
  • not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these terms;
  • not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Services 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 App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:
    • is not disclosed or communicated without the Licensor’s 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; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any Service.

Acceptable use restrictions

You must not:

  • use the App or any Service 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 data, into the App, any Service or any operating system;
  • infringe our intellectual property rights or those of any third party in relation to your use of the App or any Service, including by the submission of any material (to the extent that such use is not licensed by these terms);
  • transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;
  • use the App or any Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
  • collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.

Intellectual property rights

All intellectual property rights in the App, the Documentation and the Services throughout the world belong to us (or our licensors) and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Services other than the right to use them in accordance with these terms.

Our responsibility for loss or damage suffered by you

We are limiting our liability to you. The App and the Service is provided to you completely free of charge and we need to make sure that we can continue to grow it. As such, and subject to the paragraph below, if we are liable to you in relation to the App or the Services and:

(a) It relates to us not having met our obligations under the applicable law to protect your information or keep it secure, or it relates to any obligation under the applicable law that we cannot exclude (or limit, to the extent that it cannot be limited), then we accept that liability in full as required by the law; or

(b) It relates to any other cause (regardless of the form of the action or timing) then we will only be liable to you for loss or damage that you personally suffer that is a foreseeable result of all such causes up to a maximum of £50 in total.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

We are not liable for business losses. The App is for personal (non-commercial) use only. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the App and the Services. The App and the Services are provided for general financial information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services (as described on the appstore site and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App 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 contract with us and receive a refund for any Services you have paid for but not received.

We may end your rights to use the App and the Services if you break these terms

We may end your rights to use the App and Services 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.

If we end your rights to use the App and Services:

  • You must stop all activities authorised by these terms, including your use of the App and any Services.
  • You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the App from them and cease providing you with access to the Services.

We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You may only transfer your rights or your obligations under these terms to another person if we agree in writing.

No rights for third parties

This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

If a court finds part of this contract illegal, the rest will continue in force

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.

Even if we delay in enforcing this contract, we can still enforce it later

Even if we delay in enforcing this contract, 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 this contract, 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.

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.

Alternative dispute resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the Financial Ombudsman Service via their website at https://www.financial-ombudsman.org.uk/. The Financial Ombudsman Service will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings. In addition, please note that disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform.