1st Money Terms of Service

If you DO live in the UK, or EEA region, 1st Money, Inc., or other Associates in the "1st Money Companies Group", provides our Services to you under this "Terms of Service for UK, or EEA region" and: "Privacy Notice for UK, or EEA region"

If you DON'T live in the UK, or EEA region, please look for the "Terms of Service for U.S., and all other countries".

1st Money, Inc. is a Delaware corporation. It contracts with you from the U.S., has no UK premises, and performs no part of the Services in the UK.

These Terms are written for the UK. If you're in the EEA, they apply to you in the same way. Your local consumer law and your own supervisory authority still apply where they give you more.

In order to provide our Services (as defined below) through our apps, services, features, software, or website, we must first obtain your agreement to our Terms of Service ("Terms").

1st Money, Inc., or other members in the "1st Money Companies Group" ("1st Money", "we", "us", or "our") provides the services described below to you ("Services").

 

About our Services

• Privacy and security principles. Since we started 1st Money, we've built our Services with strong privacy and security principles in mind.
• Sending and receiving money. We don't execute payments today, anywhere. Where we offer that in future, "Automatically transacted payments" governs it and we'll tell Your Org before it becomes available. 1st Money works with partners, service providers, and Associated companies to help us provide ways for you to connect with their services.
• Communicating through the Services. We provide ways for you, your Org and the people in it to send and receive what the Services produce, including payslips, notices, and documents. We always strive to improve them. Our Services include payroll, HR services, work attendance, expense management, time off management, bookkeeping, tax reporting, recruitment and marketing. We don't give financial, tax or legal advice, and we don't arrange or recommend any financial product.
• Enabling access to our Services. We store Your Org's data on servers in the Netherlands, run for us by a hosting company in the U.S., and copy it nowhere else. Our Privacy Notice says where your information goes and what protects it. That infrastructure may be owned or operated by our service providers including Associated companies.
• Safety, security, and integrity. We work to protect the safety, security, and integrity of our Services. This includes appropriately dealing with abusive people and activity violating our Terms. We work to prohibit misuse of our Services including harmful conduct towards others.
  • This includes violations of our Terms and policies, and address situations where we may help support or protect our community.
  • If we learn of people or activity like this, we'll take appropriate action, including by removing such people or activity or contacting law enforcement. Any such removal will be in accordance with the "Availability and termination of our Services" section below.
• Ways to improve our Services. We analyse how you make use of 1st Money, in order to improve our Services. This includes helping businesses who use 1st Money measure the effectiveness of their services. 1st Money uses the information it's got and also works with partners, service providers, and Associated companies to do this.
• Where the work is done. We answer support requests, and deliver our Monthly Bookkeeping service, using our own people and a provider outside the UK and the U.S. Where a request needs it, they can open the relevant payroll record, and only for that request.
• Associated companies. We're part of the 1st Money Companies Group. As part of the 1st Money Companies Group, 1st Money receives information from, and shares information with, the 1st Money Companies Group. This is described in 1st Money's Privacy Notice, and includes:
  • To provide integrations which enable you to connect your 1st Money experience with other 1st Money Company Services.
  • To make sure of security, safety, and integrity across the 1st Money Company Services.
  • To improve your experience across the 1st Money Company Services.
• Learn more. Learn more about the 1st Money Companies Group here.

Registration. You must register for our Services using accurate information. This includes providing your current mobile number, and, if you change it, updating your mobile number using our in-app change number feature. You agree to receive text messages and phone calls (from us, or our third-party providers) with codes to register for our Services.

Age. You're responsible to know the "age of majority" for your country or territory, which in many cases is 18 years old.

Some of our services may be unavailable if you're younger than the: "age of majority"

Signing in. You must be 18 to log in to our Services. That's about signing in, and it isn't about being paid. Where Your Org employs someone under 18, we run their payroll and file what the law requires. We produce and send their payslip and their year-end and leaver documents, exactly as we do for anyone else. What that person has is a payroll record. They may hold login details, and those details won't start a session until their eighteenth birthday. There's nothing of ours they can reach online before then. We go by the date of birth Your Org gives us, which is one of the details Your Org has to keep accurate. If a date of birth reaches us later and shows that someone already logged in is under 18, we end their session right away. Their documents come to them as PDF attachments by email, which are theirs to keep and need no login. Your Org can invite them once they turn 18.

If you're below the "age of majority" for your country or territory, your parent or guardian must agree to our Terms on your behalf. This is in addition to you being of the minimum required age to use our Services under applicable law. Please ask your parent or guardian to read these Terms with you.

Devices and software. You must provide certain devices, software, and data connections to use our Services, which we otherwise don't supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.

The free service test. Our pricing page says what each service costs and which services are free. A service is free for the purposes of these Terms if all three of these are true. You pay us nothing for it, beyond what it unavoidably costs you to reach us or to be online. What it includes, and any conditions on it, are set out plainly before you take it. And we haven't recovered its cost by raising the price of anything else you buy from us, or by making that other thing worse. Paying us for a different service doesn't stop a free service being free, as long as that other price isn't higher because of it. Whether a service is free is decided service by service and plan by plan. The same kind of service can be free on one plan and charged for on another.

What payroll includes. Your Org's payroll plan price on our pricing page covers everything in this paragraph, whether that price is nothing or a monthly fee. For it we calculate each person's pay and deductions from what Your Org tells us. We produce a payslip for every person paid and file what the law requires an employer to file. We keep the year-end records the tax authority expects. We file as the employer, on Your Org's instructions, not as its agent. That means we file in Your Org's name, using its own registrations, and we don't deal with the tax authority on its behalf or represent it. Before anything is filed we show Your Org what it contains and someone at Your Org approves it. The software and support are included. Monthly Bookkeeping is a separate service with its own price, and Your Org can take either without the other. What payroll includes in the UK. Real Time Information (RTI) submissions to HMRC, being the full payment submission for each pay run and the employer payment summary where one is needed. Itemised payslips meeting section 8 of the Employment Rights Act 1996, for employees and workers alike. P60s at the end of the tax year and P45s when someone leaves. Tax code changes, student and postgraduate loan deductions, and statutory pay such as sick, maternity, paternity, adoption, and parental bereavement pay. Automatic enrolment under the Pensions Act 2008: assessing each person on each pay run, and applying postponement where Your Org has chosen it. Handling opt-ins, opt-outs, and re-enrolment every three years. Preparing the declaration of compliance and the re-declaration for Your Org to submit to The Pensions Regulator. Making the deductions Your Org tells us to make and reporting them to the pension scheme it's chosen. Where Your Org is a contractor under the Construction Industry Scheme, we verify its subcontractors and file its monthly CIS return as the contractor. We produce the payment and deduction statements it gives them. That's included at no extra cost where Your Org buys Monthly Bookkeeping. Where it doesn't, CIS is charged separately and our pricing page gives the price.

What payroll doesn't include. Choosing a pension scheme, a retirement plan or a provider, and any advice on which to pick. We make the deductions Your Org tells us to make and report them where it tells us, and nothing we do is a recommendation. Employment law advice, including on status, contracts, dismissal or a dispute. Dealing with the tax authority or the pension regulator on Your Org's behalf as its agent. Registering Your Org as an employer, or registering it in a new state or jurisdiction. Deciding who is an employee and who isn't, or which state or jurisdiction someone should be taxed in, both of which stay Your Org's calls. Executing the payments themselves, which is a separate optional service described under "Automatically transacted payments" and isn't offered yet.

What payroll needs from Your Org. Accurate details for each person, told to us in time for the pay run, and prompt answers when we ask. Registration with the tax authority before the first pay run, and the references it issues. Approval of each filing before it goes. In time means by the cut-off we show for that pay run. We set that cut-off so we can file on or before payday as the law requires. If we don't get those by the cut-off we can't meet a deadline that depends on them. "Penalties and interest" says who carries a charge that follows. What Monthly Bookkeeping includes. For the monthly price for Your Org's plan we categorise Your Org's bank feed, reconcile its accounts and prepare its monthly management figures. We also prepare its year-end accounts, its year-end tax return, and HMRC and Companies House filings that go with them. We don't submit any of it. Your Org reviews what we've prepared, approves it, and submits it itself. It submits the tax return through HMRC, and the accounts through Companies House WebFiling. Submitting on time, and paying what's owed, stay Your Org's responsibility. The software and support are included. Its year-end tax return means the one Your Org itself has to file. For a limited company that's its Corporation Tax return. For a sole trader, an unincorporated partnership or an LLP it's the return that reports the business's profits. A personal Self Assessment return for a director is a separate add-on. VAT returns are an add-on too. Where Your Org is VAT registered and buys that add-on, we prepare its returns in its own software and Your Org submits them through HMRC. Quarterly updates under Making Tax Digital for Income Tax are a further add-on, on the same basis: we prepare them and Your Org submits them. Our pricing page gives the price of both. Payroll is a separate service, not part of Monthly Bookkeeping, and Your Org can take either without the other. Some payroll plans are free and some are charged for, and our pricing page says which is which. Anything our pricing page lists as an add-on is charged separately. Your Org gives us its records, bank data, and answers to our questions in good time. If it doesn't, we can't meet a deadline that depends on them, and we're not responsible for a penalty that follows. Which pricing scheme applies depends on whether Your Org is registered at Companies House. If it's registered, limited company pricing applies. If it isn't, sole trader pricing applies.

The accounting package. Monthly Bookkeeping runs on an accounting package. If Your Org already has QuickBooks or Xero, we'll work in whichever version it holds, and Your Org keeps and pays for that subscription itself. If it doesn't, we supply Zoho Books at our cost for as long as it buys Monthly Bookkeeping. This applies to bookkeeping clients only, not to an Org that takes payroll alone.

We aren't your tax agent. We're not registered with HMRC as an agent and we don't act as one. So we can't submit Your Org's year-end filings or its VAT returns for it, and we can't deal with HMRC on its behalf. Where Your Org buys the VAT add-on we prepare the return in Your Org's own software. Your Org submits it, logged in with its own credentials. We won't ask Your Org to share those with us, and HMRC's Standard for Agents says nobody should. We prepare, Your Org submits, and we're not responsible for a penalty arising from a filing Your Org didn't submit or didn't submit on time. This doesn't affect the payroll filings we make as part of running payroll, which are made as the employer rather than as an agent.

Access we need. Your Org gives us the access to its accounting package, bank feeds, and records that the work needs, and keeps it in place. Its accounting package has to be connected to its bank feed, and Your Org keeps that connection live, re-approving it whenever the bank expires it. That connection is a condition of Monthly Bookkeeping. We can't take on an Org that can't or won't put one in place. We may stop the Service if one lapses and isn't restored. We can't do the work without it, and we're not responsible for a delay or a missed deadline caused by access we don't have.

What Monthly Bookkeeping doesn't include. Audit, and any other assurance engagement. Advisory or CFO work. Managing what Your Org owes or is owed. Raising invoices or chasing them. Stock and inventory records. Company secretarial work beyond the filings named above. If Your Org needs any of it, it needs someone else for that part.

How we keep the books. Tell us at onboarding whether Your Org keeps its books on the cash basis or on accruals, and we keep them that way. If it changes basis, tell us before the period starts, because we can't restate a period we've already closed without charging for it as historic work.

What unlimited means. Where our pricing page describes something as unlimited on a particular plan, we mean four things about it on that plan. Those are no fair-use policy, no throttle, no headcount ceiling, and no feature gate. Unlimited is a promise about the plan it's claimed for. A plan our pricing page doesn't describe as unlimited may have any of those, and our pricing page says what each plan includes. None of this stops us changing or withdrawing a free service on notice, as set out under: "Changing or withdrawing a free service"

If a free service turns out to be paid for. We treat free payroll as a free service and price it at nil, including when we compare our price against another provider's under a price promise. A court or other decision-maker might find that a service we called free in fact formed part of what you paid for a service you bought. If so, it isn't a free service for these Terms. In that case our general "Limitation of liability" applies to it, in place of the cap under "Our liability", and the two aren't added together. Nothing in this paragraph makes us liable where we otherwise wouldn't be, and it doesn't affect anything under: "What we can never limit"

When you pay. Prepaid services are billed monthly in advance, collected on the first day of the month they cover. If a payment fails we'll tell Your Org and try again. We may suspend a prepaid service if it stays unpaid, as set out under: "Availability and termination of our Services"

Cancelling. Your Org can cancel a prepaid service at any time, effective at the end of the month it's paid for. We don't refund part months, and we finish the work that month's fee covers. Our satisfaction guarantee below is the exception to that, and it says what it covers.

Our satisfaction guarantee. If Your Org isn't satisfied with Monthly Bookkeeping in its first 90 days, tell us and we'll refund in full the monthly fees it's paid. The 90 days count from the first day of the first month it pays for that service. It covers Monthly Bookkeeping and nothing else, so a separately priced payroll plan isn't refunded under it, and where payroll is free there's nothing to refund. Two further things sit outside it. Catch-up work on past periods, which is separately quoted and stays payable, as "Catching up on past periods" says. And any period for which we've already delivered year-end accounts or a tax return, because that's a finished piece of work Your Org keeps. If Your Org wants to claim, claim before taking those. The guarantee runs once per Org.

If Your Org's plan changes. Prepaid services are priced in bands by transaction volume and/or headcount. If Your Org moves plan we'll tell you before the new price applies, and it takes effect from the following month, not the current one. If Your Org moves down a band, the lower price applies on the same basis. Above the highest band on our pricing page we quote separately. If Your Org grows past it we'll tell you and agree a price before it applies, and until we do the top plan price continues.

Moving from a free payroll plan to a paid one. Some payroll plans are free up to a number of payrolled people, and our pricing page says which plans and how many. Payroll is charged on what Your Org actually uses in a month. If Your Org pays more people than its free plan covers, the published price for that usage applies to that month. We charge for that month rather than the next one. We can't tell Your Org beforehand, because we only know once the pay run has happened, so check our pricing page before adding people. If Your Org's usage falls back to its free plan in a later month, that month is free again. This works differently from the prepaid plans under "If Your Org's plan changes", which move from the following month.

If we change a price. Our pricing page sets the price of each service and forms part of these Terms. If we raise the published price of a service Your Org already buys, we'll give at least 30 days' notice. That's the same notice as a change to these Terms, and the new price applies from the following month. Your Org can cancel before it takes effect rather than pay it.

Catching up on past periods. If Your Org asks us to bring historic bookkeeping up to date, we charge for each elapsed month at Your Org's normal monthly price. We spread that charge over the following six months. Before we start we give Your Org a quote showing the total and the monthly instalment. The quote also says the balance falls due if Your Org leaves before it's paid off. We don't start until Your Org has agreed it. The spread is a convenience for a continuing client. If Your Org cancels, or we end the Services because of something on Your Org's side, whatever's left of the catch-up charge falls due at once. That's because the work's already been done, and we'll tell Your Org the amount. If we withdraw the Services for our own reasons, the instalments carry on as originally scheduled instead. Catch-up isn't covered by our satisfaction guarantee.

Self Assessment returns. A sole trader's Self Assessment return is part of what the monthly price covers, because their business return and their personal return are the same document. For a partnership or an LLP, the partnership return is covered and one member's personal return is included, with further members priced as an add-on. For a limited company, a director's personal Self Assessment is an add-on. The add-on is priced on our pricing page per person. That price is a monthly spread of a fee for one return covering one tax year. If Your Org adds it partway through a tax year, we charge the months already elapsed in that tax year when it's added. Catch-up bookkeeping doesn't change it. Catch-up is charged by the month, and Self Assessment by the return. So an earlier tax year that needs its own return is charged as one more return rather than by the month.

Price promises. Where we publish a price promise, such as our lowest price guarantee, the conditions published with it form part of these Terms. They say what counts as a like-for-like price, what evidence we accept and what we exclude. They also say how long a beaten price is held, and how long we take to verify a claim. A beaten price runs for the period those conditions state, then Your Org returns to the published price for its plan. We'll tell you before that happens. Our published price for Your Org's plan might fall below its beaten price while the beat is still running. Then Your Org pays the lower of the two from the next billing period, and the beat ends. So a price promise never leaves Your Org paying more than a customer who never claimed one. That can happen where something counted in the comparison stops being charged for, such as payroll becoming free. The conditions in force when we accept a claim govern that beaten price for its whole term. If we change the published conditions afterwards, the change applies to later claims and doesn't shorten or reduce a beat Your Org already holds.

Discounts and special offers. Where we advertise a discount or a special offer, in the product or anywhere else, four things are always true of it. It's measured against the price for Your Org's plan that we actually charge when the offer isn't running, not against a higher figure nobody pays. It has a stated end date, and it's a real offer for a stated period rather than a permanent price dressed up as a saving. Its terms are given where the claim is made, or one obvious click away. They say the amount or percentage, what it applies to, and how long it lasts. They also say whether it renews, any minimum term, and whether it's for new clients only. And where it doesn't combine with a beaten price under "Price promises", or with another offer, the claim says so. If any of that isn't true of something we've advertised, we'll honour the offer as a reasonable person reading the claim would have understood it.

The monthly close. Each month we send Your Org three reports as PDFs by email: profit and loss account, balance sheet, and cash flow statement. We aim to send them by the end of the first business day of the following month. It's a target we work to, not a guarantee, and it depends on Your Org's records and bank feeds being complete.

The year end. We'll send Your Org's year-end checklist within 5 business days of its accounting year end. Return it complete within 30 days and we'll deliver Your Org's year-end reports at least 3 months before the earliest of its filing and payment deadlines. That leaves time to review them, approve them, and arrange payment. For a limited company or an LLP that earliest date is the Companies House accounts deadline, 9 months after the year end. For a sole trader or a partnership it's the Self Assessment deadline of 31 January.

Year-end reports means the year-end accounts, the return Your Org itself has to file, and the Companies House filing pack where there's one. For a limited company that return is its Corporation Tax return. For an LLP, a partnership or a sole trader it's the Self Assessment return. Like the monthly close, it's a target we work to, not a guarantee. Your Org approves and submits each filing itself, and meeting the deadline stays Your Org's responsibility.

Support. Support runs by ticket and by telephone, 9:00 am to 5:30 pm on a working day. That's UK time for UK Orgs, and U.S. Central time for U.S. Orgs. We have the same business hours for every U.S. Org wherever it is, so those hours fall at 10:00 am to 6:30 pm Eastern, 9:00 am to 5:30 pm Central, 8:00 am to 4:30 pm Mountain and 7:00 am to 3:30 pm Pacific. Any U.S. Org can sign up, including in Alaska, Hawaii, and the territories, on those same stated hours. Inside those hours there's a lunch break from 1:00 pm to 1:30 pm on the same clock, when Your Org's bookkeeper is unavailable and nobody covers, so anything sent during it is picked up afterwards. We don't commit to a response time, and a question sent outside them is answered on the next working day. Where Your Org buys Monthly Bookkeeping it can also reach its bookkeeper by email, or by the chat inside the product. Or it can use a messaging or video platform it nominates. We publish no incoming number for bookkeeping: Your Org asks for a call on any channel and we call the number it gave us. Our Privacy Notice says who hosts each channel and which calls are recorded.

Working days. A working day is any day that isn't a weekend or a public holiday where Your Org is. For a UK Org that means UK bank holidays, and for a U.S. Org it means U.S. bank holidays. If a filing or payment deadline falls on one, we follow that country's rule for moving it earlier or later. If one of our own targets falls on one, such as the monthly close, it moves to the next working day.

Who we take on. Monthly Bookkeeping is for limited companies, community interest companies, LLPs, sole traders, unincorporated partnerships, and unincorporated clubs and associations that aren't registered charities. We'll also take on anything else we agree in writing. It isn't available to a registered charity or a charitable incorporated organisation. Charity accounts run on restricted, unrestricted, and endowment funds, and report through a statement of financial activities rather than a profit and loss account. They need a trustees' annual report, and above the statutory thresholds an independent examination or an audit. We don't do any of that, so it's a limit on what we do rather than anything about the organisation. A charity can still use our payroll and HR Services. Some industries we don't serve at all, and some we serve only after extra checks. Both lists are at What industries don't you serve.

Checks before we start. Before Monthly Bookkeeping begins we verify Your Org and the people who own or control it, and an authorised person must sign a declaration that Your Org doesn't operate in any industry on our published list at What industries don't you serve. The signature may be electronic, and we record who gave it, the date, and the version of the wording they saw. Where Your Org is in a sector that page lists as needing extra checks, we do those first and may decline on the result. We may refuse to start, or stop later, if a check fails or if the declaration turns out to be wrong. We may also stop if Your Org stops giving us what a check needs. We run those checks for our own credit, fraud, and sanctions risk, and to hold Your Org to its declaration. They aren't customer due diligence under the Money Laundering Regulations 2017, and we don't carry them out as a supervised business. Sanctions screening is the exception. That one is a duty on us as a U.S. company wherever our customers are. We do it for that reason, and would do it anyway.

Onboarding. We set up Your Org's accounting package, and help Your Org connect that package to its bank feed. We also bring across the opening balances for the period we start from. The connection is made by Your Org inside its own accounting package, and it's read-only. Bringing earlier periods up to date is charged as set out under: "Catching up on past periods"

When we can stop. As well as anything under "Availability and termination of our Services", we may end Monthly Bookkeeping on notice. We may do that if Your Org needs work outside what our pricing page covers. We may also do it if Your Org stops responding so we can't do the work, or can't give us the access the work needs.

If we get something wrong. Tell us as soon as Your Org spots it, by support request or by email. We'll acknowledge within 2 business days, and within 10 business days tell Your Org what we've found and what we're doing about it. We correct the books, and any filing that depends on them, at our cost. Where a filing has already gone we prepare the amendment for Your Org to approve and submit. This doesn't affect anything under "Our liability" or: "Claims"

AI in the bookkeeping work. We use AI to help categorise Your Org's bank feed and transactions. Some of it runs on our own servers, and some is sent to an AI provider to analyse and return. Those providers act as our processors under a contract that bars them from training on Your Org's data. Where they're outside the UK, that contract carries the UK Addendum to the standard contractual clauses. A person checks the work. This is how the Service is delivered, not a separate service, and it doesn't change what Your Org pays.

Training our models. This applies only where Your Org buys Monthly Bookkeeping. If it doesn't, nothing in this section applies to it, and none of its data is used to train anything of ours. Where Your Org does buy Monthly Bookkeeping, we train our own models on the records we keep for it. That makes the Services better at categorising and reconciling. Your Org instructs us to create anonymised data from those records for that purpose, and the anonymised data is ours to use. Your Org's payroll data is in scope only as part of the records we keep for it as a Monthly Bookkeeping client. We don't train on the data of an Org that takes payroll alone.

Your Org can opt out at any time, free, by asking its dedicated bookkeeper. It never changes your price or your Services. We take Your Org's records out of the corpus right away. They're used in no further training of any model, new or existing. Models we've already released aren't retrained or withdrawn.

Records are anonymised before anything reaches a training corpus, and nothing identifiable is ever held in it. We drop free-text narratives, replace a counterparty with an imaginary counterparty, and replace names and addresses with imaginary text.

We also replace account and sort codes, National Insurance numbers, VAT, UTR, and company numbers with imaginary identifiers. Where a payroll record shows sickness absence we replace it with a general absence before training, so no special category data is used.

We rely on Your Org's instruction and on our legitimate interests. We don't ask anyone for consent for this. A person whose data is in Your Org's records can object under Article 21(1) before it's anonymised, and our Privacy Notice says how. We never try to re-identify anonymised data, and we require the same of anyone we give it to.

Fees and taxes. We're established outside the UK. Prices don't include VAT, and you never pay VAT to us. If you're VAT registered, you pay the 20% VAT direct to HMRC on your VAT return (via reverse charge) and usually reclaim it on that return. You're also responsible for your own data plans, Internet fees, and any other costs of using our Services.

 

Privacy Notice and User data

1st Money cares about your privacy. 1st Money's Privacy Notice describes our data (including message) practices, including the types of information we receive and collect from you. It also describes how we use and share this information, and your rights in relation to the processing of information about you.

Your Org's Users' privacy. You'll make sure that you and Your Org's Users acknowledge and agree that you, Your Org's Administrators, Your Org's Users, and 1st Money may have certain privileged access. This includes access to detailed information about the current and historical activity on an Account, including, without limitation, data gathered by usage of our Services.

1st Money usage. You'll make sure that you and Your Org's Users acknowledge and agree that any personal information accessed by 1st Money is processed in accordance 1st Money's Privacy Notice.

How we handle Your Org's payroll data. Your Org decides what payroll and HR data is collected and why, and we act on its instructions. We process it only to provide the Services and meet our legal duties, keep it confidential, bind everyone who handles it to confidentiality, and apply the security measures in our Privacy Notice. We'll help Your Org answer a person asking about their data, and tell it without undue delay of a breach. You authorise us to use service providers to help run the Services. That includes a support provider outside the UK, whose agents can open an employee's payroll record when Your Org asks them to help with one. If Your Org buys Monthly Bookkeeping, the bookkeeper assigned to it sees Your Org's accounting records and the documents behind them. That bookkeeper also sees Your Org's payroll records in full for as long as the assignment lasts, because the work needs it. Your Org's payroll support requests go to that bookkeeper rather than to our general support team. They work under written terms no less protective than these, and we stay responsible for what they do. We'll tell Your Org before we add or replace one. Your Org may object on reasonable data protection grounds. If it does, we'll offer an alternative, or Your Org may stop using the affected part of the Services. We act only on Your Org's documented instructions, including on transfers outside the UK, unless the law requires otherwise. Where it does, we'll tell Your Org before we process unless the law forbids it. When the Services end, Your Org can tell us to return its data or to delete it, and we'll do as it says. That's apart from anything the law requires us to keep. "Getting your data out" says how to export it first. We'll give Your Org what it needs to show it meets Article 28. We'll allow and contribute to an audit or inspection by Your Org or an auditor it appoints. That's on reasonable notice and no more than once a year, unless there's been a breach. Email privacy@1st.money for the current list.

Where Your Org's data is, and demands for it. We're a Delaware corporation. Your Org's data sits on servers in the Netherlands, run for us by a hosting company based in the U.S. If an authority of any country demands it, we need a legally binding demand properly served. We never hand anything over voluntarily. We give the least the demand compels, and we tell Your Org unless the law forbids it. We keep a record of every demand. If a demand goes to the company that runs our servers instead of to us, it isn't obliged to tell us. Our Privacy Notice says more.

Essential service communications. You acknowledge that in order to provide our Services, we must send you and Your Org's Users communications that are considered essential to use our Services. These include, but aren't limited to, password resets, billing notifications, security alerts, and critical software update information. You agree that you can't opt out of some of these essential service communications.

Marketing. We may contact your nominated commercial contact about our other services, by telephone and by email, and show promotional banners in the product. These Terms don't take your consent to that, and they don't take it for anyone else in Your Org. Where the law requires consent we ask for it separately, and where it doesn't we rely on our legitimate interests. Our Privacy Notice says which applies to you. If we contact you, you can opt out at any time, free. Do that in your account settings, by the unsubscribe link in any email, or by telling whoever calls. Banners are covered under "Promotional banners". None of it makes any difference to your Services.

Call recording. Every call between you and 1st Money, or anyone calling or answering for us, is recorded, whether we call you or you call us. We use the recording for three things only. Training our agents, and checking they follow our scripts and honour your choices. And confirming a detail you gave us on the call.

• Transcripts. Software turns each recording into a text transcript. We use it for two things and nothing else. First, to confirm automatically that the recording announcement was made. Second, to scan for words that suggest health. Where health came up on a call, we delete the recording and the transcript instead of keeping them. No person reads a transcript to run either check.
• How long we keep them. Each recording and its transcript for 30 days from the date of the call, then we delete both. We keep a small log of the announcement check for six years from the date of the call, then delete it.
• What we don't do. We don't use recordings for marketing and we don't disclose them.
• Who carries the call. We record on our own system on our servers in the Netherlands. A telecommunications carrier outside the UK connects the call to the public telephone network, so the audio crosses it while the call is happening. Our Privacy Notice says more.
• Who can listen. Only named people can listen to one or read a transcript.
• If you call us. A recorded message tells you before we connect you. Recording starts as the call connects, so that message is part of the recording.
• If you'd rather not be recorded. We can't run a call without recording it, so tell whoever calls and they'll end the call. You can reach us by email instead.

Bringing people into Your Org. Your Org must make sure everyone it invites accepts these Terms and can reach our Privacy Notice before they use the Services. We show both when someone accepts an invite. Where we hold a date of birth showing someone is under 18, we won't send them an invitation, and we'll tell whoever asked us to.

Advisers Your Org invites. Your Org can invite its accountant, bookkeeper or another outside adviser into its Account, and we'll email them an invitation on Your Org's instruction. That invitation is Your Org's disclosure to that firm, not ours. Your Org decides to make it, decides what access to give, and is responsible for what the firm does with what it sees. Anyone who accepts becomes one of Your Org's Users and is bound by these Terms like anyone else, including "Restriction on sharing": each person at the firm needs their own Account, and the firm can't share one login between its staff. Your Org can remove the access at any time in the product. An adviser who accepts counts as one of Your Org's people for everything in these Terms. Your Org may therefore nominate them as its commercial contact. They see what any administrator of Your Org sees, including the banners under: "Promotional banners"

Commercial contact. Your Org must name one person as its commercial contact and keep the role filled. If it becomes empty we'll ask an administrator to fill it in. That person's name, telephone number and email address appear on Your Org's billing page, visible to its administrators. We contact them about Your Org's plan and about our other services, and they can opt out at any time, free.

Promotional banners. We show banners for our own services in the product. A banner may tell you a paid service exists and what it does, without any discount or special offer attached. Where a banner does claim a discount or a special offer, "Discounts and special offers" applies to that claim. They're the same for everyone who sees them, and they're not chosen using Your Org's payroll data or anything a person does in the product. Employees and workers see banners only for our free tools. Banners for our paid services appear only to org admins, payroll admins, and the commercial contact. No banner appears on a payslip. Each person can turn banners off in their own account settings. Doing so turns off every banner we'd otherwise show them, whether it's for something we charge for or something that's free.

If a paid service becomes free. We may stop charging for something we charge for today. If we do, we'll announce it, and from that moment it's free for any Org that signs up. An Org already paying for it keeps the price it's on until the end of the month it's paid for. The new price applies from the next billing period. We don't refund or credit the month already paid for, because we supplied the service for it. Your Org needn't do anything, and nothing else about the Services changes. If a beaten price under a price promise is affected, "Price promises" says what happens.

Changing or withdrawing a free service. We may change what a free service includes, start charging for it, or withdraw it. We'll give at least 30 days' notice first, by email to Your Org's administrators and in the product. You can export your data in a common machine-readable format at any time before the change takes effect, and afterwards as set out below. If you don't want to continue, you can close your Account.

Your records after we withdraw a free service. Withdrawing a free service doesn't shut Your Org out of its own records. Its Account stays open in a read-only state, so its administrators can log in and download what they need, as data files and as PDFs. Read-only means Your Org can see, print, and download, but can't process a pay run, file anything or add a person. What stays available includes: - The Real Time Information submissions we made for Your Org, with their dates and what each one contained. - Deductions working sheet data for each person, and year-to-date figures. - The P60s and P45s we produced. - The automatic enrolment assessment and postponement history for each person, and the declarations we prepared.

We keep the Account readable for three years from the date we withdraw the service. HMRC expects an employer to keep payroll records for three years after the end of the tax year they relate to. That's why we use that period. We'll tell Your Org's administrators before we close a read-only Account for good.

How these Terms fit with our Privacy Notice. Our Privacy Notice explains what we do with personal information and forms part of these Terms. If the two conflict on a data protection matter, the Privacy Notice applies.

 

Acceptable use of our Services

Our Terms and policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your Account. This may include disabling or suspending your Account and, if we do, you agree not to create another Account without our permission. Disabling or suspending your Account will be in accordance with the "Availability and termination of our Services" section below. Where we can safely do so, we'll let a pay run and filing already under way complete before a suspension takes effect. We'll tell Your Org's administrators what's happening.

Legal and acceptable use. You must access and use our Services only for legal, authorised, and acceptable purposes. You won't use (or assist others in using) our Services in ways that:

• Violate, misappropriate, or infringe the rights of 1st Money, our Users, or others, including privacy, publicity, IP Rights, or other proprietary rights.
• Are illegal, or harass, threaten or abuse anyone.
• Involve publishing falsehoods, misrepresentations, or misleading statements.
• Impersonate someone.
• Involve sending illegal or impermissible communications, and the like.
• Involve use outside Your Org's own business, or providing the Services to anyone else as if they were yours. This doesn't stop Your Org inviting its own adviser under "Advisers Your Org invites", or that adviser using the access Your Org gave it to do Your Org's work.

Harm to 1st Money or our Users. You mustn't, or help others to, by any means including automated means, access, use, copy, adapt, modify, make derivative works of, distribute, license, sub-license, transfer, display, perform or otherwise exploit our Services in an impermissible or unauthorised way, or in a way that burdens, impairs or harms us, our Services, systems, Users or others. In particular you mustn't:

• Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services.
• Send, store, or transmit viruses or other harmful computer code through or onto our Services.
• Gain or attempt to gain unauthorised access to our Services or systems.
• Interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services.
• Create Accounts for our Services through unauthorised or automated means.
• Collect information of or about our Users in any impermissible or unauthorised manner.
• Sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorised manner.
• Make the Services available to anyone outside Your Org, or resell or repackage access to them.
• Create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorised manner.
• Misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

Keeping your Account secure. You're responsible for keeping your device, and your 1st Money Account safe and secure. You must notify us promptly of any unauthorised use or security breach of your Account or our Services. We'll tell Your Org's administrators without undue delay if we become aware of unauthorised access to Your Org Data, and what we're doing about it.

Prohibited activities. You (and any connected agents) agree not to engage in any of the following prohibited activities:

• Using an automated system, such as a robot, spider or scraper, to access the Services outside our API and the terms that govern it.
• Collecting personal information from the Services other than Your Org's own data, through the features and exports we provide.
• Collecting or harvesting any video, video tutorial, audio, or help content from the service.
• Reproducing, duplicating, copying, selling, trading, reselling, or exploiting any portion of the service, use of the service, access to the service, or content obtained from the service, including but not limited to, training, developing, or testing any machine learning or artificial intelligence models or algorithms, through any means other than as specifically authorised in writing by 1st Money.

All content, including videos, system designs, and other materials, published on this platform are the intellectual property of 1st Money. Unauthorised use, including the use of such content for the training, development, or testing of artificial intelligence or machine learning models, is strictly prohibited. 1st Money reserves the right to seek damages for unauthorised use of its intellectual property.

 

Third-party services

Our Services may let you use or interact with third-party websites, apps, Content, and services, and 1st Money Company Services, such as an accounting or banking service integrated with ours. These Terms and our Privacy Notice apply only to our Services; a third party's own terms and privacy policy govern your use of theirs. We rely on third party services to deliver Monthly Bookkeeping, including an accounting package and a bank feed. We're not responsible for their outages, price changes, loss of data or removal of features. If one becomes unusable we'll tell Your Org and move the work to another. If that changes what Your Org pays or holds, we'll say so first. Your Org chooses which integrations to turn on and can turn them off. You're responsible for the terms you agree with them and for the data you let them reach. If their service fails or delays, we're not responsible for the consequences, but we'll tell you what we know and help you work out what happened.

 

Licences

Your rights. 1st Money doesn't claim ownership of the information that you submit for your 1st Money Account or through our Services. You must have the necessary rights to such information that you submit for your 1st Money Account or through our Services. You must also have the right to grant the rights and licences in our Terms. For personal data about Your Org's people, "How we handle Your Org's payroll data" applies instead. Your Org is responsible for having a lawful basis to give it to us.

1st Money's rights. We own all IP Rights associated with our Services. That doesn't include Your Org Data, or the payslips, filings, and reports the Services produce from it, which stay Your Org's. The models we train, and the data they're trained on, are ours. They hold nothing that identifies Your Org or anyone in its records, so there's nothing of Your Org's in them to return when it leaves. "Training our models" says what happens if Your Org opts out. You may not use our IP Rights unless you've got our express permission and except in accordance with our Brand book. You may use the trade marks of our Associated companies only with their permission, including as authorised in our published Brand book.

1st Money's license to you. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable licence to use our Services, subject to and in accordance with our Terms. We revoke it only when your Account ends or is suspended, as set out under "Availability and termination of our Services". This licence is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you.

Your licence to 1st Money. In order to operate and provide our Services, you grant 1st Money a worldwide, non-exclusive, royalty-free licence, sub-licensable only to the service providers who help us run the Services. This licence is to use, reproduce, distribute, create derivative works of, display, and perform the information. The information relates to information (including the Content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this licence are for the limited purpose of operating and providing our Services. It ends when we delete the information, as described in our Privacy Notice. This includes displaying a profile picture you upload. It also includes delivering the payslips, notices, and messages the Services send on Your Org's behalf. That means holding them on our servers for up to 30 days as we try to deliver them.

 

Reporting third-party copyright, trade mark, and other IP Rights infringement

To report claims of third-party copyright, trade mark, or other IP Rights infringement, please visit our Copyright Policy. We may take action with respect to your Account. This includes disabling or suspending your Account, if you clearly, seriously or repeatedly infringe the IP Rights of others. We may also do so where we're required to do so for legal reasons. Disabling or suspending your Account will be in accordance with the "Availability and termination of our Services" section below. Where we can safely do so, we'll let a pay run and filing already under way complete before a suspension takes effect.

We don't guarantee any Content will be available on our Services. We may, but needn't, remove, edit, modify or block any Content at any time, without notice and for any reason or none, including on a claim from a third party or an authority, or a concern that you may have breached these Terms.

We don't review all material before it's posted, and can't guarantee prompt removal of objectionable material afterwards. So we assume no liability for any action or inaction over transmissions, communications or Content from any User or third party. Where the law requires it, including a law enforcement request supported by a valid court order, we may disclose User information. You waive and hold us harmless from claims resulting from any action we take during an investigation, or as a result of one. That applies whether the investigation is ours or a law enforcement authority's.

 

Disclaimers and release

Nothing here excludes liability for death or personal injury caused by our negligence, for fraud, or for anything else the law doesn't let us exclude. Subject to that, we provide our Services as-is. We don't promise they'll be uninterrupted, error free or secure. We exclude the implied terms about quality and fitness so far as the law allows. If you're a consumer, your statutory rights aren't affected.

 

Limitation of liability

This section sets our general limits. For any service we provide free of charge, "Our liability" and "Claims" below apply instead.

What we can never limit is set out under "Our liability" below, and applies to this section too.

If Your Org takes both paid and free services, each claim is capped by the section that covers the service the claim arises from. A claim arising from a free service is never brought within the paid cap, and the two caps aren't added together.

Neither 1st Money nor its employees are Your legal advisors. The Doc templates, and other features, may fail to meet Your needs. None of our Services can be considered legal advice and no attorney-client relationship is established. Make sure you consult with a licensed attorney in Your area to examine the details of Your specific situation.

What we aren't. No attorney-client privilege is formed by anything we do. We aren't regulated by the ICAEW, the ACCA, the AAT or the CIMA. We aren't a statutory auditor, and we aren't authorised to carry on a reserved legal activity. We aren't authorised by the Financial Conduct Authority.

We're not supervised for anti-money laundering purposes either, and we aren't registered with HMRC or a professional body for that. We're a Delaware corporation with no UK premises, and we carry on no part of the Services in the UK. It's also why we can't act as Your Org's HMRC agent, because an Agent Services Account needs evidence of anti-money laundering supervision. The checks we run before Monthly Bookkeeping starts are our own, and "Checks before we start" says what they're for.

There's no accountant-client privilege in English law. The Supreme Court settled that in Prudential in 2013. So nothing you tell us is privileged the way it'd be with a solicitor, and a court or HMRC can require us to produce it.

Neither 1st Money nor its employees are Your tax advisors. The tax calculations, and other features, may fail to meet Your needs. None of our Services can be considered tax advice, and no privileged professional relationship is established. For anything beyond what our pricing page says we prepare, take advice from a licensed accountant or tax professional in Your area. We prepare and file what our pricing page says we do, from the records and instructions Your Org gives us. That's a bookkeeping and filing service, not tax advice. Your Org stays responsible for the accuracy of what it gives us and for its own tax position.

Subject to the clauses below, the total aggregate liability of 1st Money to you under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no event exceed the total fees paid by you to 1st Money in the 12 months immediately preceding the event giving rise to the claim. This limit shall not apply to any liability which can't be legally limited or excluded. Including but not limited to liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation; and in accordance with the Product Liability Directive.

 

Our liability

• You're responsible for your own filings. You're legally responsible for your own payroll filings and pension or retirement plan duties. Before anything is filed we show you what it contains and you approve it. You must review it first, and we don't file anything you haven't approved.
• We're not liable for what you owed anyway. Any tax, National Insurance, Social Security, Medicare, payroll tax, or pension or retirement contribution that was properly due is yours to pay. We're not liable for it. Paying it late doesn't turn it into our loss.
• Penalties and interest. An authority may charge a penalty, fine, surcharge or interest. That authority might be HMRC, The Pensions Regulator, the IRS, a state or local tax authority, the Department of Labor or another. If something we got wrong caused it, tell us right away and we'll work to get rid of it. We'll make the representations to the authority ourselves, at our own cost, and explain what happened. A charge caused by a provider's error is often cancelled or reduced once the authority is told. If any of it still stands after that, we'll cover what's left, up to the caps in this section and no further. Don't pay or agree a charge before telling us, because that removes the chance of cancelling it, and we're not liable for one you've already accepted. Where the charge follows from anything else it's yours. That includes where it follows from information you gave us late, incompletely or wrongly. It also includes a decision you made, or an approval you didn't give in time.
• We're not liable for indirect loss. That includes loss of profit, revenue, business, goodwill, anticipated savings or data. It includes any indirect, incidental, special, consequential, exemplary or punitive loss, however caused, and whatever the legal theory.
• We're not liable for your time. That includes the cost or value of time you or your staff spend on the matter.
• Our cap for a free service. To the fullest extent the law allows, our total liability to you in connection with a service we provide free of charge, in aggregate for all claims of any kind arising in any 12 month period, is the greater of (a) GBP £250 or USD $250, or (b) GBP £5 or USD $5 for each affected person, and in no event more than GBP £2,500 or USD $2,500. The currency is the one in which your organisation is billed. If nothing is billed, it's GBP for organisations in the UK and USD everywhere else. This cap applies instead of any general cap in these Terms for a service we provide free of charge.
• Who counts as affected. An affected person is anyone whose pay, payslip, or pension or retirement assessment was wrong as a result of the matter you're claiming about. It also covers anyone about whom the information we filed was wrong.
• Tell us in time. You must tell us about any claim within 6 months of the date you became aware, or ought reasonably to have become aware, of it. The law where you live might not allow a period that short. If so, the shortest period the law does allow applies.
• Why these limits. They reflect that we provide the service free of charge, as defined under "The free service test", and they're an agreed allocation of risk between us.
• These limits hold. Every exclusion and limit in this section applies to the fullest extent the law allows, whatever the legal theory. They apply even if a limited remedy fails of its essential purpose.
• If a limit doesn't hold. Each exclusion, cap, threshold, and time limit in this section and in "Claims" stands on its own. If one of them is held unreasonable or unenforceable, the others aren't affected and continue to apply. Where the cap under "Our cap for a free service" is held unreasonable or unenforceable, it's replaced by the first of these that's enforceable, rather than by no cap at all: GBP £2,500 or USD $2,500 in aggregate for all claims of any kind arising in any 12 month period; then GBP £10,000 or USD $10,000 on the same basis; then the highest limit the law allows. Where the threshold under "Small and related claims" is held unreasonable or unenforceable, it falls away and the rest of the limits still apply. Where the period under "Tell us in time" is held unreasonable or unenforceable, the fallback in that paragraph applies.
• Which law tests these limits. For an Org established in the UK, the law of England and Wales governs these Terms whichever court hears a Claim. "Dispute resolution" sets that out. So the limits in this section and in "Claims" are tested for reasonableness under the Unfair Contract Terms Act 1977. Where you deal as a consumer, they're tested for fairness under Part 2 of the Consumer Rights Act 2015. We don't choose a governing law to avoid either, and "If a limit doesn't hold" applies to whatever a court doesn't allow.

 

Claims

• Who can claim. Liability under these Terms is owed to your organisation only. No other person has any right to enforce them, and no one is a third-party beneficiary of them.
• How to claim. Write to claims@1st.money setting out what went wrong, who was affected, what loss you've suffered, and evidence of that loss.
• Where not to claim. We don't accept claims made through support channels, and a claim isn't made until we receive that information.
• Small and related claims. Related claims arising from the same cause are treated as one claim. For a service we provide free of charge, we're not liable where the evidenced loss for a claim is less than GBP £250 or USD $250.
• Evidence and mitigation. We're only liable for loss you can evidence, and only to the extent you couldn't reasonably have avoided it. That includes avoiding it by reviewing your submissions before approving them.
• What we can never limit. Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. Nor does anything limit liability for gross negligence or wilful misconduct, or for anything else the law doesn't allow us to limit. If you're a consumer, nothing here affects your statutory rights.
• Survival. This section survives termination of your relationship with us.

 

Dispute resolution

Company	Domicile	Competent court
1st Money, Inc.	State of Delaware	Delaware Courts

Forum and venue. If you're a consumer and habitually reside in a country or territory in the UK, or EEA region, the laws of your country or territory will apply to any Claim you've got against us that arises out of or relates to these Terms or our Services. You may resolve your Claim in any competent court in your country or territory that's got jurisdiction over the Claim. If Your Org is established in the UK, the law of England and Wales governs these Terms and any Claim, whichever court hears it. You may bring any Claim in the courts of England and Wales. We agree those courts have jurisdiction over it, and won't object to them hearing it. You don't have to use them, and you can go to the courts of the group Associate's domicile instead if you'd rather. The law of England and Wales still governs. Otherwise, you agree that the Claim must be resolved in a competent court, meaning one that's got jurisdiction over the domicile of 1st Money, Inc., shown in the table above. That's the company you contract with, and the company to direct a Claim to, and in that case the laws of the State of Delaware govern these Terms and any Claim, without regard to conflict of law provisions.

 

Availability and termination of our Services

This section covers changes to the Services and the ending of an Account. A free service may also be changed or withdrawn on notice, as set out under: "Changing or withdrawing a free service"

Getting your data out. However the Services end, Your Org can export its data in a common machine-readable format for 30 days afterwards, unless the law stops us. We might withdraw a free service rather than Your Org's Account ending. Then "Your records after we withdraw a free service" gives Your Org read-only access for longer, and applies instead of this 30 day period. After that we keep Your Org's bookkeeping records only for as long as the law requires them to be kept, and delete them as set out in our Privacy Notice, which gives the periods. Suspension doesn't remove the export route.

Availability of our Services. We're always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms. We might remove something Your Org pays for, or something needed to meet a payroll or filing duty. We'll give notice as set out below and, where it's paid for, refund or credit the unused part.

These may be discontinued at any time after a notice period of 30 days. However, no such notice is required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security or operational issues.

Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. Although we hope you remain a 1st Money User, you may terminate your relationship with 1st Money anytime for any reason by deleting your Account. For instructions on doing so, please visit our Help pages and search for: "delete account"

Our right to terminate for cause remains unaffected. Good cause shall be deemed to exist for the following. The terminating party can't reasonably be expected to continue the contractual relationship, because of actions of violation, until. (1) The agreed termination date, or. (2) Until the expiry of a notice period. These actions of violation include where one party violates laws, third-party rights, or otherwise breaches these Terms. This is to be after taking into account all circumstances of the individual case and after weighing the interests of both parties. A termination for good cause is only possible in a reasonable time period after a breach has come to the knowledge of the other party.

If the action of violation is a violation of an obligation of these Terms, termination is only permissible after the unsuccessful expiration of a granted remedy period or after an unsuccessful warning. However, this doesn't apply if the party in breach seriously and finally refuses to fulfil its obligations. This also doesn't apply if, after weighing the interests of both parties, special circumstances justify immediate termination.

In accordance with the "Availability and termination of our Services" section, we may also do the following. Modify, suspend, or terminate your access to or use of our Services anytime for suspicions or actions of violation. These suspicions or actions of violation include suspicious or unlawful conduct, including for fraud, or if we reasonably believe you violate our Terms or create harm, risk, or possible legal exposure for us, our Users, or others. If you delete your Account, or we delete or disable it, these Terms will end as an agreement, except for surviving provisions (below), between you and us.

We may also disable or delete your Account if it doesn't become active after Account registration or if it's inactive for an extended period.

If you believe your Account's termination or suspension was in error, please contact us at: hello@1st.money

The following provisions will survive any termination of your relationship with 1st Money: "Licences," "Disclaimers and release," "Limitation of liability," "Our liability," "Claims," "Dispute resolution," "Availability and termination of our Services," and "Other."

 

Automatically transacted payments

Where this section applies. This section sets out how we execute payments for Your Org where we offer that service and Your Org chooses to use it. It's an optional service, separate from payroll, and payroll works without it. Your Org can run payroll, file with the tax authority and make its own tax deposits, using none of it. It can pay its own people from its own bank account. We don't currently offer it anywhere, in the UK or the U.S. Two things in this section do apply now, because we collect Your Org's monthly fee by direct debit: "Credit information", and the bank payment authorisation below. Where we offer it in future we'll do so only through an appropriately authorised payment institution, or as the law otherwise permits. We'll tell Your Org before it becomes available. Nothing in this section applies to Your Org unless and until it takes that service, and nothing in it makes a free service paid for.

Additional payments associated with a given payday includes income tax, national and local taxes, and social security or national insurance contributions. They also include other taxes, voluntary deductions, expense payments, loan payments, garnishments, attachments of earnings, and others.

Automatically transacted payments includes payslip payments (direct deposits), savings deposits, transaction fees, service charges, additional payments associated with a given payday, and others.

You or Your Org's Users may be given the option to have automatically transacted payments executed by 1st Money on Your behalf. If you elect to do so, you authorise 1st Money to withdraw funds from Your Org's connected bank account. Such withdrawal is for the sole purpose of completing the transaction as agreed.

All automatically transacted payments funded by withdrawal from Your Org's connected bank account, in advance of an onward payment will be withdrawn in advance. The advance withdrawal will be at least three working days before the payment due date. These payments are deemed to be accompanied by a payment order for onward transfer.

All parts of a payroll payment are handled as a complete unit. To avoid the chance of partial insufficient funds, the following applies. All additional payments associated with a given Payday Payment will be withdrawn at the same time as the payslip payment withdrawal. These payments are deemed to be accompanied by a payment order for onward transfer.

Where an Org pays funds to 1st Money in advance of an onward payment, such money will be held by 1st Money in a segregated bank account for payment transactions. When 1st Money holds funds on the Org's behalf, 1st Money holding the funds isn't the same as a bank holding money, in that: (a) 1st Money can't and won't use the funds to invest or lend to other persons or entities; (b) the funds won't accrue interest to the Org; and (c) the funds may not be covered by the Federal Deposit Insurance Corporation (FDIC) or Financial Services Compensation Scheme (FSCS).

Where Your Org uses the service described in this section, funds we hold on its behalf in transit may earn interest or other income. You unconditionally agree that 1st Money retains it, and you explicitly waive any claim to it. It isn't a charge for any service, and it doesn't make a free service paid for. An Org that doesn't use this service pays us nothing and generates none of it.

You accept and consent that you or Your Org's Users may have certain automatically transacted payments administrated by 1st Money directly from their payslip.

1st Money files tax information and pension information, and may in the future transact payments, for the fees set forth on our then-current pricing schedule. You acknowledge that 1st Money may change this service charge at some future date. You'll be given at least 30 days notice for any such change (excluding regular fluctuations in currency exchange rates). This service charge may be automatically added to the amount withdrawn from Your Org's connected bank account, or may be automatically withdrawn as a separate transaction.

A payment confirmation email will be sent to Your Org's, or the User's, registered email address within 90 seconds of a completed payment.

By using 1st Money's payroll software, or other employer-employee related Services, Your Org, as the employer, regards 1st Money as your contracted service provider. As such, Your Org authorise 1st Money to communicate directly with Your Org's Users about their pay, their documents and the Services they use. Marketing is different, and "Marketing" and "Promotional banners" say who we may market to.

Bank payment authorisation. You authorise 1st Money, and its payment processors, to collect from and pay to the bank accounts Your Org connects. We use Bacs Direct Debit, Faster Payments or another UK scheme. Where we collect by Direct Debit, the Direct Debit Guarantee applies and your bank's rules on it prevail over anything here.

Fraud & risk prevention. 1st Money reserves the right to hold, suspend, or reverse transactions if we reasonably suspect fraud or unauthorised activity. You acknowledge that funds held by 1st Money for payroll remittance are held in an agency capacity and doesn't establish a banking relationship between You and 1st Money.

Failed payments & right to offset. If a debit from Your account is returned, rejected, recalled or reversed for any reason after 1st Money has already forwarded funds to Your employees or tax agencies, You agree that such amount is immediately due and payable. You authorize 1st Money to immediately set off and deduct such amounts from: (a) any other connected bank account associated with Your Org; (b) any funds held by 1st Money on Your behalf; or (c) any reserve funds. You agree to pay all costs of collection, including reasonable attorney's fees, for recovering these funds.

1st Money reserves the right to decline to offer, or discontinue any automatically transacted payments feature to you or Your Org's Users. Such decline or discontinuance will be at our sole discretion, and with notice.

Credit information. Where we advance funds or collect by direct debit, use of our Services may be subject to credit approval. We may obtain credit information about Your Org, and about you personally if Your Org is a sole trader or partnership, from a credit reference agency. We rely on our legitimate interests in managing credit risk, our Privacy Notice explains it, and the agency may record the search.

 

Third-party benefits and insurance integrations

No fiduciary status. You acknowledge that 1st Money acts as a third-party administrator for data transmission and isn't a "Fiduciary" as defined by the Employee Retirement Income Security Act (ERISA). You maintain sole responsibility for plan selection, classification of employees, and determining eligibility for benefits.

Brokerage data. If You use our health insurance integration, You agree that 1st Money acts only to transmit Your instructions to carriers or brokers. We aren't responsible for coverage lapses resulting from inaccurate data provided by You or Your failure to approve an enrollment event in the platform.

Transmission vs. effectuation. You acknowledge that 1st Money's role is limited to the transmission of data to Carriers. 1st Money doesn't guarantee the effectuation of coverage by the Carrier. You agree to audit Your Carrier invoices and portals independently to verify that enrollments, terminations, and changes transmitted by 1st Money have been correctly processed by the Carrier. 1st Money isn't liable for claims denials, coverage lapses, or retroactive premiums resulting from Carrier processing delays or errors. You acknowledge that insurance carriers often require data submission well in advance of effective dates. 1st Money isn't responsible for coverage lapses caused by your failure to enter or approve data within the specific lead times required by your Carriers. Even if the software allowed the entry.

 

Accounts and Users

Agreeing on behalf of Your Org. If you're agreeing to these Terms on behalf of the entity on whose behalf you're setting up an Account, Your agreement to these Terms will be deemed to be an agreement between Your Org and 1st Money. In such case, you represent and warrant that you've got authority to bind Your Org to the terms and conditions of these Terms. If you don't agree with the terms of these Terms, you aren't authorised to use our Services in any manner.

Responsibility for Accounts. You'll be responsible for the administration and management of all Accounts for Your Org's Users. The creation of all Accounts by you, Your Org's Administrators and Your Org's Users, including any self created Accounts by "Domain signups" (if enabled), shall be governed by these Terms.

Responsibility for Your Org's Users. You'll be responsible for all usage of our Services. This includes without limitation, any acts and omissions by any of Your Org's Users to whom an Account has been allocated. You'll make sure that all Your Org's Users comply with these Terms.

Reallocation and deletion of Accounts. If you delete one of Your Org's Users, their Account shall remain in the 1st Money deleted list. Access to it may be blocked, and their Account will be marked as deleted.

As a platform with payroll data storage features, and in consideration of a request for deletion, 1st Money may be legally required to keep records for longer than it'd otherwise need them, and how long depends on the record. Payroll records for three years after the end of the tax year gov.uk. A limited company's accounting records for six years from the end of the financial year gov.uk. A sole trader's or a partner's records for five years after the 31 January filing deadline for that tax year, which is about five years and ten months from the end of it gov.uk. VAT records for six years gov.uk. CIS records for three years after the end of the tax year gov.uk.

Business use only. Our payroll Services are for businesses. We don't support household employment, meaning someone employed in and around your own home, such as a nanny, housekeeper, cleaner, carer or home health aide. We can't set up an Account for that. If we find out later that's what an Account is being used for, we'll close it under "Availability and termination of our Services". If you employ someone through a business, whatever its legal form, that's business use. A sole trader or sole proprietor running payroll for their own business is a business to us, and is welcome.

Restriction on sharing. It's prohibited for you, or Your Org's Users to share Accounts and/or share Passwords. You'll make sure that neither you, nor Your Org's Users will share an Account, or Password.

Security. You and Your Org's Users must keep every Username and Password secure. If you suspect an Account or Password has been shared in breach of these Terms, or has become known to anyone but the User it belongs to, change it immediately. You're responsible for making sure Your Org's Users don't respond to unsolicited requests for payment details, Passwords or other data. Neither 1st Money nor its officers, employees or Associates is liable, on any basis, for a claim, damage or loss. That covers anything arising from a failure by you or Your Org's Users to comply with this paragraph.

Your Org's Administrators. You and Your Org's Administrators may appoint Users as Administrators, who are responsible for administering our Services in Your Org. You'll make sure every Administrator reads, agrees to, and complies with these Terms, and you're responsible for any breach by one. An Administrator who creates or manages Accounts without entering into these Terms for a legally incorporated entity, or without authority to act for it, is in breach. They're personally liable for that breach, for any other breach, and for the acts and omissions of Your Org's Users on our Services.

Support materials. 1st Money provides videos, documentation, training materials and/or other documents to allow you to provide Support for Your Org's Users. In Your Org you'll respond to questions and complaints from Your Org's Users' use of our Services. This also applies to Your Org's Users or third-parties relating to Your Org's use of our Services. This will be done at Your own expense. Your Org will use commercially reasonable efforts to resolve support issues before escalating them to 1st Money. This includes consulting with Your Org's technicians, lawyers, attorneys, solicitors, bookkeepers, bookkeepers, or other advisors.

Scope of support services. Support agents help with functionality, workflow optimisation and technical usage, and where our pricing page includes support we don't meter it or charge by volume. They're prohibited from giving binding advice on labour law, tax or HR compliance. Any tips on navigation or configuration are illustrative examples about the technical operation of the Service, not financial, HR or organisational advice. You stay responsible for deciding whether a configuration meets your own policies, local labour law and tax obligations. No statement by a support agent is legal, accounting or tax advice, creates a fiduciary relationship, or waives any provision of these Terms, and you agree not to rely on live chat for a compliance determination.

Warranty. You represent and warrant that you'll (and shall make sure that Your Org's Users will) comply with:

• All obligations under these Terms; and.
• All Applicable Laws that may apply to the use of our Services.

Suspension of Accounts by 1st Money. If 1st Money becomes aware of a User's violation of the Terms, then 1st Money may specifically request that Your Org Suspend the applicable Account. If Your Org fails to comply with 1st Money's request to suspend an Account, then 1st Money may Suspend the User or Org Account. The duration of any suspension by 1st Money will be until you, or the applicable User has cured the breach which caused the suspension.

Jurisdiction restrictions. If the law of Your country prohibits you, or Your Org's Users from downloading or using our Services, you won't use them. This includes if our Services aren't allowed in the country or countries in which you or Your Org's Users are located. You'll also not allow Your Org's Users to use them.

 

API

Users may access Your Org Data via an API (Application Program Interface), so far as their permissions in the product allow and no further. Any use of the API, including use of the API through a third party product that accesses 1st Money, is bound by these Terms plus the following specific terms:

Our liability for the API is limited as set out under "Limitation of liability", "Our liability" and "Claims", and not separately here.

Abuse or excessively frequent requests to 1st Money's API may result in the temporary or permanent suspension of Your Account's access to the API. 1st Money, in its sole discretion, will determine abuse or excessive usage of the API. 1st Money will make a reasonable attempt via email to warn the Account owner prior to suspension.

We may modify or discontinue your access to the API, temporarily or permanently. Where it's part of a service we provide free of charge, "Changing or withdrawing a free service" applies and we'll give notice as it sets out. We may suspend access immediately to deal with abuse, a security problem or a legal requirement.

 

AI Features

"NO PROFESSIONAL ADVICE" DISCLAIMER: THE INFORMATION PROVIDED BY THE AI FEATURES IS FOR INFORMATIONAL PURPOSES ONLY AND DOESN'T CONSTITUTE LEGAL, TAX, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL FOR ADVICE TAILORED TO YOUR SPECIFIC SITUATION.

"ACCURACY OF AI OUTPUT" DISCLAIMER: YOU ACKNOWLEDGE THAT THE AI FEATURES MAY PRODUCE INACCURATE, INCOMPLETE, OR OUTDATED INFORMATION ('HALLUCINATIONS'). WE DON'T GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION GENERATED BY THE AI FEATURES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY OF ALL AI-GENERATED CONTENT BEFORE RELYING ON IT.

"USE AT YOUR OWN RISK" CLAUSE: YOUR USE OF THE AI FEATURES IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THE AI FEATURES.

Our "Ask AI" and other AI features ("AI Features") use artificial intelligence to allow you to interact with our Services, by voice or by other inputs. By using AI Features, you agree to the following additional terms:

• Accuracy disclaimer; user responsibility. You acknowledge and agree that the AI Features may not always be accurate or perform as expected. It may misinterpret your voice or other commands, leading to unintended actions or errors in your account. It's your sole responsibility to review and verify any and all actions taken by AI Features on your behalf. You're ultimately responsible for all activities that occur under your account. Including whether performed by you or by AI Features in response to your voice or other commands.
• Approval constitutes binding signature. You acknowledge that the AI Features function solely as a drafting and information retrieval tool. When the AI proposes an action (e.g., updating pay rates, submitting expenses), it's merely a suggestion awaiting your verification. You agree that affirmatively tapping or replying "Approve," "Confirm," or similar buttons or replies constitutes a "wet signature equivalent" authorisation of the specific data values presented at that moment, regardless of the AI's prior output, and by such authorisation, you're adopting the data as Your own. Once approved, 1st Money deems this data to be "User Data" created by You. You bear the sole burden of verifying the accuracy of the suggestion against your database records prior to approval. 1st Money shall not be liable for any payroll errors, tax penalties, or data corruption resulting from AI suggestions that were affirmatively approved by a Human User.
• Specific disclaimer regarding employment decisions: You acknowledge that AI Features may provide drafts or suggestions regarding termination, hiring, or disciplinary actions. You agree that sole decision-making authority rests with You. 1st Money isn't responsible for wrongful termination claims, discrimination claims, or labor law violations resulting from Your use of AI-drafted content.
• Audit log is conclusive evidence. You acknowledge that 1st Money maintains an immutable audit log of all AI-suggested actions and Your subsequent manual approvals (including timestamps and User IDs). This might matter in a dispute regarding a payroll error, tax penalty, or data corruption. You agree that this audit log is strong evidence of what was shown, who approved it and when. We'll produce it on request in any dispute about whether a change was authorised. It doesn't stop either of us relying on other evidence.
• AI isn't professional counsel. You acknowledge that employment and tax law varies by country, and within a country by state, county or municipality. Our AI Features and Doc templates are generated based on generalized data. They may not reflect the specific, real-time local statutes or recent case law applicable to Your specific jurisdiction. You represent and warrant that you won't use AI Features as a substitute for retaining legal counsel or a certified public accountant. You agree that 1st Money isn't engaged in the practise of law or accountancy through the provision of these AI Features.
• Third-party providers; data restrictions. You acknowledge that AI Features are provided in part by third-party artificial intelligence providers ("AI Providers"). Your input data may be processed by these AI Providers solely for the purpose of generating a response. They act as our processors under a contract that bars them from training on your input. Where they're outside the UK, that contract carries the UK Addendum to the standard contractual clauses. You agree not to type sensitive information into the AI interface unless a secure field asks for it. That includes National Insurance or Social Security numbers, bank details, and anything about health.
• No warranties; liability limitation. The AI Features are provided as-is and as available. We exclude the implied terms about quality and fitness so far as the law allows, and nothing here excludes what the law doesn't let us exclude. We won't be liable for any damages or losses arising from your use of the AI Features. Including but not limited to any direct, indirect, incidental, special, consequential, or exemplary damages.
• Service modifications and recording. We may modify, suspend or discontinue the AI Features. Where they're provided free of charge, "Changing or withdrawing a free service" applies and we'll give notice as it sets out. We keep a record of AI interactions so we can support you and investigate problems. We don't use what you type into the AI features to train any model, ours or a provider's. Training on bookkeeping records is separate, and "Training our models" explains it. Our Privacy Notice explains how long we keep it.
• Unlawful use prohibited. You agree not to use the AI Features for any unlawful purpose, or generate discriminatory or harassing content. You also agree not to use for any use-case that could result in legal, financial, or physical harm to yourself or others without independent human review.

We may use anonymized and aggregated data from your use of the AI Features to develop, improve, and support the Services. We won't use your Confidential Information to train our AI models in a way that would allow it to be identified or accessed by other customers.

 

Other

• Any amendment to or waiver of our Terms proposed by you requires our express consent.
• We're constantly working to improve our Services and develop new features to make our services even better for you and our community. Therefore, we may update these Terms from time to time, to reflect our Services and practices correctly. We'll only make changes if the provisions are no longer appropriate or incomplete.
• Unless otherwise required by law, we'll provide you at least 30 days' advance notice of material changes to our Terms (e.g., by e-mail or through our Services). This will give you the opportunity to review the revised Terms before they become effective, and we'll make sure that any such changes are reasonable for you, taking into consideration your interests.
• Changes to these Terms shall become effective no sooner than 30 days after we provide notice of planned changes. Once updated Terms come into effect, you'll be bound by them if you continue to use our Services.
• For the following reasons, we may make changes to our Services or the Terms, which will apply without advance notice because they don't disadvantage you. Anything else follows the notice period above:
  • To make the Terms easier to understand for you.
  • To reflect changes in security design or technology at no increased cost to you.
  • To apply a change we're making for all customers, where it leaves you no worse off.
  • To correct non-material mistakes, ambiguities, inaccuracies or omissions where it's reasonable to do so or as a result of customer feedback.
• We reserve the right to unilaterally modify and/or amend all or any part of these Terms pursuant to and in compliance with regulatory or legal changes that affect our Services, and we'll tell you what changed and when it takes effect.
• We'll also update the "Last revised" date (at the bottom of our Terms).
• We hope you'll continue using our Services, but if you don't agree to our Terms, as amended, you can stop using them and close your Account before the change takes effect. If you've paid for a period that hasn't run, we'll refund the unused part. Alternatively, you may discontinue your use of the Services affected by the amendments you don't agree with.
• All of our rights and obligations under our Terms are freely assignable by us to any of our Associates. They're also freely assignable by us in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise.
  • In the event of such an assignment, we'll only transfer your information in compliance with Applicable Laws, and ask for your consent where required; these Terms will continue to govern your relationship with such third-party.
  • We hope you'll continue using our Services, but if you don't agree to such an assignment, you must stop using our Services by deleting your Account. You may do this after having been notified of the assignment.
• Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us. Such agreement is regarding 1st Money and our Services, and supersede any prior agreements.
• We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you separately consent).
• Our Services aren't intended for distribution to or use in any country or territory where such distribution or use would violate local law. This includes use in any country or territory where such distribution or use would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.
• You'll comply with all applicable European Union and non-European Union export control and trade sanctions laws ("Export Laws"). You won't, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country prohibited by Export Laws; (b) to anyone on European Union or non-European Union government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You won't use or download our Services if you're located in a restricted country or territory. You also won't use or download our Services if you're currently listed on any European Union or non-European Union restricted parties list. You won't use or download our Services for any purpose prohibited by Export Laws, and you won't disguise your location through IP proxying or other methods.
• You won't transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
• Nothing in our Terms will prevent us from complying with the law.
• Except as contemplated herein, our Terms don't give any third-party beneficiary rights.
• The failure to exercise, or delay in exercising, a right, power, enforcement, or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms this shall not operate as a waiver of a subsequent breach of that provision. Nor shall it be a waiver of a breach of any other provision.
• We always appreciate your feedback or other suggestions about 1st Money and our Services. However, you understand that you've got no obligation to provide feedback or suggestions. You also understand that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.
• We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer. Our Terms aren't intended to limit such consumer legal rights that may not be waived by contract.
  • Also, in certain jurisdictions, you may have legal rights as a data subject. Our Terms aren't intended to limit such rights that may not be waived by contract.
• The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of these Terms.
• To access our Terms in certain other languages, change the language setting for your 1st Money session. If our Terms aren't available in the language you select, we'll default to the English version.
• If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended. Such amendment will be to the minimum extent necessary to make it enforceable. If it can't be made enforceable, then it'll be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.

 

Definitions

References. References to the singular include the plural and vice versa, and references to one gender include any other gender.

Illustrative phrases. Any phrase introduced by the expressions "including", "include", "such as", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Priority. Where there's any conflict, any definition given in the main body of the agreement (above) will supersede any definition given below.

The following terms and expressions shall have the following meanings:

Account

Means a combination of credentials (such as Username, Password, and session) and other personal information that's used to access our Services.

Applicable Laws

Means all applicable laws and regulations applicable to you or 1st Money in each case for the time being in force in the relevant jurisdiction.

Associate

Means, with respect to any entity, any other entity directly or indirectly controlling or controlled by, or under direct or indirect common control with such entity.

Confidential Information

Means any documentation, any business or technical information of 1st Money, and any other information that a reasonable person would recognise is confidential or proprietary to 1st Money.

Content

Includes, without limitation, information, data, text, photographs, videos, tutorial videos, audio, written posts / comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible.

IP Rights

Intellectual property rights. Means:

- Any of: trade marks, service marks, slogans, signs, designs, banners, logos, domains, trade dress, icons, copyright and related rights, trade secrets, patents, pending patent applications, trade names (whether registered or unregistered), database rights, knowhow, trade secrets, and Confidential Information;

- All other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and.

- Applications, extensions, and renewals in relation to any such rights.

Password

Means a password that you or a User selects, which, in combination with the Username, gives access to our Services.

User

Means an employee, consultant, contractor, or individual that's got an Account in our Services. You, and all Administrators are also a User.

Username

Refers to an identification code that you, or a User selects, which in combination with the Password, gives access to our Services.

Your Org

Your organization, company, corporation, business, sole trader establishment, or similar. The entity on whose behalf you're setting up an Account.

Your Org's Users

Everyone Your Org gives access to the Services, including its Administrators and anyone it invites.

Commercial contact

The one person Your Org names to be contacted about its plan, add-ons, and our other services. Their name, telephone number and email address appear on Your Org's billing page.

Free service

A service meeting all three tests under "The free service test". Decided service by service and plan by plan. The same kind of service can be free on one plan and charged for on another.

Your Org's Administrators

Means Your Org's Users who are authorised to act on behalf of Your Org, and who are responsible for the administration and management of our Services in Your Org. Payroll admins are a sub-set of Your Org's Administrators with additional access to payroll data.

Your Org Data

Means data, including email, provided, generated, transmitted or displayed via our Services by Your Org, or Your Org's Users.

AI Features

Means our "Ask AI" and other AI features that use artificial intelligence to allow you to interact with our Services, by voice or by other inputs.

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© 2020–2026 1st Money, Inc. All rights reserved. Last revised 30 Oct 2026. Retrieved 6 Nov 2026.

If you DON'T live in the UK, or EEA region, 1st Money, Inc., or other Associates in the "1st Money Companies Group", provides our Services to you under this "Terms of Service for U.S., and all other countries" and: "Privacy Notice for U.S., and all other countries"

If you DO live in the UK, or EEA region, please look for the "Terms of Service for UK, or EEA region".

In order to provide our Services (as defined below) through our apps, services, features, software, or website, we must first obtain your agreement to our Terms of Service ("Terms").

1st Money, Inc., or other members in the "1st Money Companies Group" ("1st Money", "we", "us", or "our") provides the services described below to you ("Services").

 

About our Services

• Privacy and security principles. Since we started 1st Money, we've built our Services with strong privacy and security principles in mind.
• Sending and receiving money. We don't execute payments today, anywhere. Where we offer that in future, "Automatically transacted payments" governs it and we'll tell Your Org before it becomes available. 1st Money works with partners, service providers, and Associated companies to help us provide ways for you to connect with their services.
• Communicating through the Services. We provide ways for you, your Org and the people in it to send and receive what the Services produce, including payslips, notices, and documents. We always strive to improve them. Our Services include payroll, HR services, work attendance, expense management, time off management, bookkeeping, tax reporting, recruitment and marketing. We don't give financial, tax or legal advice, and we don't arrange or recommend any financial product.
• Enabling access to our Services. We store Your Org's data on servers in the Netherlands, run for us by a hosting company in the U.S., and copy it nowhere else. Our Privacy Notice says where your information goes and what protects it. That infrastructure may be owned or operated by our service providers including Associated companies.
• Safety, security, and integrity. We work to protect the safety, security, and integrity of our Services. This includes appropriately dealing with abusive people and activity violating our Terms. We work to prohibit misuse of our Services including harmful conduct towards others.
  • This includes violations of our Terms and policies, and address situations where we may help support or protect our community.
  • If we learn of people or activity like this, we'll take appropriate action, including by removing such people or activity or contacting law enforcement. Any such removal will be in accordance with the "Availability and termination of our Services" section below.
• Ways to improve our Services. We analyse how you make use of 1st Money, in order to improve our Services. This includes helping businesses who use 1st Money measure the effectiveness of their services. 1st Money uses the information it's got and also works with partners, service providers, and Associated companies to do this.
• Where the work is done. We answer support requests, and deliver our Monthly Bookkeeping service, using our own people and a provider outside the UK and the U.S. Where a request needs it, they can open the relevant payroll record, and only for that request.
• Associated companies. We're part of the 1st Money Companies Group. As part of the 1st Money Companies Group, 1st Money receives information from, and shares information with, the 1st Money Companies Group. This is described in 1st Money's Privacy Notice, and includes:
  • To provide integrations which enable you to connect your 1st Money experience with other 1st Money Company Services.
  • To make sure of security, safety, and integrity across the 1st Money Company Services.
  • To improve your experience across the 1st Money Company Services.
• Learn more. Learn more about the 1st Money Companies Group here.

IF YOU'RE A 1ST MONEY USER LOCATED IN THE U.S., OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION. THE PROVISION STATES THAT, EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES, 1ST MONEY AND YOU AGREE TO RESOLVE ALL DISPUTES (DEFINED BELOW) THROUGH BINDING INDIVIDUAL ARBITRATION. THIS MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY. THIS ALSO MEANS THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE "SPECIAL ARBITRATION PROVISION FOR U.S. USERS" SECTION BELOW TO LEARN MORE.

Registration. You must register for our Services using accurate information. This includes providing your current mobile number, and, if you change it, updating your mobile number using our in-app change number feature. You agree to receive text messages and phone calls (from us, or our third-party providers) with codes to register for our Services.

Age. You're responsible to know the "age of majority" for your country or territory, which in many cases is 18 years old.

Some of our services may be unavailable if you're younger than the: "age of majority"

Signing in. You must be 18 to log in to our Services. That's about signing in, and it isn't about being paid. Where Your Org employs someone under 18, we run their payroll and file what the law requires. We produce and send their payslip and their year-end and leaver documents, exactly as we do for anyone else. What that person has is a payroll record. They may hold login details, and those details won't start a session until their eighteenth birthday. There's nothing of ours they can reach online before then. We go by the date of birth Your Org gives us, which is one of the details Your Org has to keep accurate. If a date of birth reaches us later and shows that someone already logged in is under 18, we end their session right away. Their documents come to them as PDF attachments by email, which are theirs to keep and need no login. Your Org can invite them once they turn 18.

If you're below the "age of majority" for your country or territory, your parent or guardian must agree to our Terms on your behalf. This is in addition to you being of the minimum required age to use our Services under applicable law. Please ask your parent or guardian to read these Terms with you.

Devices and software. You must provide certain devices, software, and data connections to use our Services, which we otherwise don't supply. In order to use our Services, you consent to manually or automatically download and install updates to our Services. You also consent to our sending you notifications via our Services from time to time, as necessary to provide our Services to you.

The free service test. Our pricing page says what each service costs and which services are free. A service is free for the purposes of these Terms if all three of these are true. You pay us nothing for it, beyond what it unavoidably costs you to reach us or to be online. What it includes, and any conditions on it, are set out plainly before you take it. And we haven't recovered its cost by raising the price of anything else you buy from us, or by making that other thing worse. Paying us for a different service doesn't stop a free service being free, as long as that other price isn't higher because of it. Whether a service is free is decided service by service and plan by plan. The same kind of service can be free on one plan and charged for on another.

What payroll includes. Your Org's payroll plan price on our pricing page covers everything in this paragraph, whether that price is nothing or a monthly fee. For it we calculate each person's pay and deductions from what Your Org tells us. We produce a payslip for every person paid and file what the law requires an employer to file. We keep the year-end records the tax authority expects. We file as the employer, on Your Org's instructions, not as its agent. That means we file in Your Org's name, using its own registrations, and we don't deal with the tax authority on its behalf or represent it. Before anything is filed we show Your Org what it contains and someone at Your Org approves it. The software and support are included. Monthly Bookkeeping is a separate service with its own price, and Your Org can take either without the other. What payroll includes in the U.S. Federal income tax withholding, Social Security and Medicare, and federal unemployment tax. State and local income tax withholding and state unemployment tax, in the states where Your Org tells us a filing obligation applies. Form 941 each quarter and Form 940 each year. Forms W-2 and W-3 at year end, and the copies Your Org gives its people. New hire reporting where a state requires it. Payslips for every person paid, in the form the state requires where it requires one. Deductions Your Org tells us to make for a retirement plan, and reporting them to the provider it's chosen.

What payroll doesn't include. Choosing a pension scheme, a retirement plan or a provider, and any advice on which to pick. We make the deductions Your Org tells us to make and report them where it tells us, and nothing we do is a recommendation. Employment law advice, including on status, contracts, dismissal or a dispute. Dealing with the tax authority or the pension regulator on Your Org's behalf as its agent. Registering Your Org as an employer, or registering it in a new state or jurisdiction. Deciding who is an employee and who isn't, or which state or jurisdiction someone should be taxed in, both of which stay Your Org's calls. Executing the payments themselves, which is a separate optional service described under "Automatically transacted payments" and isn't offered yet.

What payroll needs from Your Org. Accurate details for each person, told to us in time for the pay run, and prompt answers when we ask. Registration with the tax authority before the first pay run, and the references it issues. Approval of each filing before it goes. In time means by the cut-off we show for that pay run. We set that cut-off so we can file on or before payday as the law requires. If we don't get those by the cut-off we can't meet a deadline that depends on them. "Penalties and interest" says who carries a charge that follows. What Monthly Bookkeeping includes. For the monthly price for Your Org's plan we categorise Your Org's bank feed, reconcile its accounts and prepare its monthly management figures. The software and support are included. Payroll is a separate service, not part of Monthly Bookkeeping, and Your Org can take either without the other. Some payroll plans are free and some are charged for, and our pricing page says which is which. Anything our pricing page lists as an add-on is charged separately. Your Org gives us its records, bank data, and answers to our questions in good time. If it doesn't, we can't meet a deadline that depends on them, and we're not responsible for a penalty that follows.

What it doesn't include. No federal, state or local tax return, and no year-end statutory filing. Those aren't part of the monthly price. Your Org keeps its own tax preparer for that, and we'll give them what they need from the books we keep. This is about Your Org's own income tax return and year-end filings. It doesn't affect the employment tax filings we make as part of running payroll, such as Forms 941, 940, W-2, and W-3. Those are made as the employer rather than as a paid preparer, and are covered under "What payroll includes".

The accounting package. Monthly Bookkeeping runs on an accounting package. If Your Org already has QuickBooks or Xero, we'll work in whichever version it holds, and Your Org keeps and pays for that subscription itself. If it doesn't, we supply Zoho Books at our cost for as long as it buys Monthly Bookkeeping. This applies to bookkeeping clients only, not to an Org that takes payroll alone.

We aren't your tax agent. We're not a CPA firm and we're not enrolled agents, and we don't act as either. We don't deal with the IRS or a state authority on Your Org's behalf, and we can't represent it in an examination. Where we prepare something Your Org has to file, Your Org reviews it, approves it, and files it itself. We're not responsible for a penalty arising from a filing Your Org didn't submit, or didn't submit on time. This doesn't affect the payroll filings we make as part of running payroll, which are made as the employer rather than as an agent.

Access we need. Your Org gives us the access to its accounting package, bank feeds, and records that the work needs, and keeps it in place. Its accounting package has to be connected to its bank feed, and Your Org keeps that connection live, re-approving it whenever the bank expires it. That connection is a condition of Monthly Bookkeeping. We can't take on an Org that can't or won't put one in place. We may stop the Service if one lapses and isn't restored. We can't do the work without it, and we're not responsible for a delay or a missed deadline caused by access we don't have.

What Monthly Bookkeeping doesn't include. Audit, and any other assurance engagement. Advisory or CFO work. Managing what Your Org owes or is owed. Raising invoices or chasing them. Stock and inventory records. Company secretarial work beyond the filings named above. If Your Org needs any of it, it needs someone else for that part.

How we keep the books. Tell us at onboarding whether Your Org keeps its books on the cash basis or on accruals, and we keep them that way. If it changes basis, tell us before the period starts, because we can't restate a period we've already closed without charging for it as historic work.

What unlimited means. Where our pricing page describes something as unlimited on a particular plan, we mean four things about it on that plan. Those are no fair-use policy, no throttle, no headcount ceiling, and no feature gate. Unlimited is a promise about the plan it's claimed for. A plan our pricing page doesn't describe as unlimited may have any of those, and our pricing page says what each plan includes. None of this stops us changing or withdrawing a free service on notice, as set out under: "Changing or withdrawing a free service"

If a free service turns out to be paid for. We treat free payroll as a free service and price it at nil, including when we compare our price against another provider's under a price promise. A court or other decision-maker might find that a service we called free in fact formed part of what you paid for a service you bought. If so, it isn't a free service for these Terms. In that case our general "Limitation of liability" applies to it, in place of the cap under "Our liability", and the two aren't added together. Nothing in this paragraph makes us liable where we otherwise wouldn't be, and it doesn't affect anything under: "What we can never limit"

When you pay. Prepaid services are billed monthly in advance, collected on the first day of the month they cover. If a payment fails we'll tell Your Org and try again. We may suspend a prepaid service if it stays unpaid, as set out under: "Availability and termination of our Services"

Cancelling. Your Org can cancel a prepaid service at any time, effective at the end of the month it's paid for. We don't refund part months, and we finish the work that month's fee covers. Our satisfaction guarantee below is the exception to that, and it says what it covers.

Our satisfaction guarantee. If Your Org isn't satisfied with Monthly Bookkeeping in its first 90 days, tell us and we'll refund in full the monthly fees it's paid. The 90 days count from the first day of the first month it pays for that service. It covers Monthly Bookkeeping and nothing else, so a separately priced payroll plan isn't refunded under it, and where payroll is free there's nothing to refund. Two further things sit outside it. Catch-up work on past periods, which is separately quoted and stays payable, as "Catching up on past periods" says. And any period for which we've already delivered year-end accounts or a tax return, because that's a finished piece of work Your Org keeps. If Your Org wants to claim, claim before taking those. The guarantee runs once per Org.

If Your Org's plan changes. Prepaid services are priced in bands by transaction volume and/or headcount. If Your Org moves plan we'll tell you before the new price applies, and it takes effect from the following month, not the current one. If Your Org moves down a band, the lower price applies on the same basis. Above the highest band on our pricing page we quote separately. If Your Org grows past it we'll tell you and agree a price before it applies, and until we do the top plan price continues.

Moving from a free payroll plan to a paid one. Some payroll plans are free up to a number of payrolled people, and our pricing page says which plans and how many. Payroll is charged on what Your Org actually uses in a month. If Your Org pays more people than its free plan covers, the published price for that usage applies to that month. We charge for that month rather than the next one. We can't tell Your Org beforehand, because we only know once the pay run has happened, so check our pricing page before adding people. If Your Org's usage falls back to its free plan in a later month, that month is free again. This works differently from the prepaid plans under "If Your Org's plan changes", which move from the following month.

If we change a price. Our pricing page sets the price of each service and forms part of these Terms. If we raise the published price of a service Your Org already buys, we'll give at least 30 days' notice. That's the same notice as a change to these Terms, and the new price applies from the following month. Your Org can cancel before it takes effect rather than pay it.

Catching up on past periods. If Your Org asks us to bring historic bookkeeping up to date, we charge for each elapsed month at Your Org's normal monthly price. We spread that charge over the following six months. Before we start we give Your Org a quote showing the total and the monthly instalment. The quote also says the balance falls due if Your Org leaves before it's paid off. We don't start until Your Org has agreed it. The spread is a convenience for a continuing client. If Your Org cancels, or we end the Services because of something on Your Org's side, whatever's left of the catch-up charge falls due at once. That's because the work's already been done, and we'll tell Your Org the amount. If we withdraw the Services for our own reasons, the instalments carry on as originally scheduled instead. Catch-up isn't covered by our satisfaction guarantee.

Price promises. Where we publish a price promise, such as our lowest price guarantee, the conditions published with it form part of these Terms. They say what counts as a like-for-like price, what evidence we accept and what we exclude. They also say how long a beaten price is held, and how long we take to verify a claim. A beaten price runs for the period those conditions state, then Your Org returns to the published price for its plan. We'll tell you before that happens. Our published price for Your Org's plan might fall below its beaten price while the beat is still running. Then Your Org pays the lower of the two from the next billing period, and the beat ends. So a price promise never leaves Your Org paying more than a customer who never claimed one. That can happen where something counted in the comparison stops being charged for, such as payroll becoming free. The conditions in force when we accept a claim govern that beaten price for its whole term. If we change the published conditions afterwards, the change applies to later claims and doesn't shorten or reduce a beat Your Org already holds.

Discounts and special offers. Where we advertise a discount or a special offer, in the product or anywhere else, four things are always true of it. It's measured against the price for Your Org's plan that we actually charge when the offer isn't running, not against a higher figure nobody pays. It has a stated end date, and it's a real offer for a stated period rather than a permanent price dressed up as a saving. Its terms are given where the claim is made, or one obvious click away. They say the amount or percentage, what it applies to, and how long it lasts. They also say whether it renews, any minimum term, and whether it's for new clients only. And where it doesn't combine with a beaten price under "Price promises", or with another offer, the claim says so. If any of that isn't true of something we've advertised, we'll honour the offer as a reasonable person reading the claim would have understood it.

The monthly close. Each month we send Your Org three reports as PDFs by email: profit and loss account, balance sheet, and cash flow statement. We aim to send them by the end of the first business day of the following month. It's a target we work to, not a guarantee, and it depends on Your Org's records and bank feeds being complete.

Support. Support runs by ticket and by telephone, 9:00 am to 5:30 pm on a working day. That's UK time for UK Orgs, and U.S. Central time for U.S. Orgs. We have the same business hours for every U.S. Org wherever it is, so those hours fall at 10:00 am to 6:30 pm Eastern, 9:00 am to 5:30 pm Central, 8:00 am to 4:30 pm Mountain and 7:00 am to 3:30 pm Pacific. Any U.S. Org can sign up, including in Alaska, Hawaii, and the territories, on those same stated hours. Inside those hours there's a lunch break from 1:00 pm to 1:30 pm on the same clock, when Your Org's bookkeeper is unavailable and nobody covers, so anything sent during it is picked up afterwards. We don't commit to a response time, and a question sent outside them is answered on the next working day. Where Your Org buys Monthly Bookkeeping it can also reach its bookkeeper by email, or by the chat inside the product. Or it can use a messaging or video platform it nominates. We publish no incoming number for bookkeeping: Your Org asks for a call on any channel and we call the number it gave us. Our Privacy Notice says who hosts each channel and which calls are recorded.

Working days. A working day is any day that isn't a weekend or a public holiday where Your Org is. For a UK Org that means UK bank holidays, and for a U.S. Org it means U.S. bank holidays. If a filing or payment deadline falls on one, we follow that country's rule for moving it earlier or later. If one of our own targets falls on one, such as the monthly close, it moves to the next working day.

Who we take on. Monthly Bookkeeping is for corporations, S corporations, LLCs, partnerships, sole proprietorships, and clubs and associations that aren't tax exempt. We'll also take on anything else we agree in writing. It isn't available to a nonprofit or any other tax-exempt organization. Nonprofit accounts run on net assets with and without donor restrictions, and report through a statement of activities rather than a profit and loss account. They need a statement of functional expenses, and they file a Form 990 rather than a business tax return. Above the federal award and state thresholds they need an audit. We don't do any of that, so it's a limit on what we do rather than anything about the organization. A nonprofit can still use our payroll and HR Services. Some industries we don't serve at all, and some we serve only after extra checks. Both lists are at What industries don't you serve.

Checks before we start. Before Monthly Bookkeeping begins we verify Your Org and the people who own or control it, and an authorised person must sign a declaration that Your Org doesn't operate in any industry on our published list at What industries don't you serve. The signature may be electronic, and we record who gave it, the date, and the version of the wording they saw. Where Your Org is in a sector that page lists as needing extra checks, we do those first and may decline on the result. We may refuse to start, or stop later, if a check fails or if the declaration turns out to be wrong. We may also stop if Your Org stops giving us what a check needs. We run those checks for our own credit, fraud, and sanctions risk, and to hold Your Org to its declaration. They aren't customer due diligence under the Bank Secrecy Act, and we aren't a financial institution subject to it. Sanctions screening is the exception. That one is a duty on us as a U.S. company wherever our customers are. We do it for that reason, and would do it anyway.

Onboarding. We set up Your Org's accounting package, and help Your Org connect that package to its bank feed. We also bring across the opening balances for the period we start from. The connection is made by Your Org inside its own accounting package, and it's read-only. Bringing earlier periods up to date is charged as set out under: "Catching up on past periods"

When we can stop. As well as anything under "Availability and termination of our Services", we may end Monthly Bookkeeping on notice. We may do that if Your Org needs work outside what our pricing page covers. We may also do it if Your Org stops responding so we can't do the work, or can't give us the access the work needs.

If we get something wrong. Tell us as soon as Your Org spots it, by support request or by email. We'll acknowledge within 2 business days, and within 10 business days tell Your Org what we've found and what we're doing about it. We correct the books, and any filing that depends on them, at our cost. Where a filing has already gone we prepare the amendment for Your Org to approve and submit. This doesn't affect anything under "Our liability" or: "Claims"

AI in the bookkeeping work. We use AI to help categorise Your Org's bank feed and transactions. Some of it runs on our own servers, and some is sent to an AI provider to analyse and return. Those providers act as our processors under a contract that bars them from training on Your Org's data. Where they're outside the UK, that contract carries the UK Addendum to the standard contractual clauses. A person checks the work. This is how the Service is delivered, not a separate service, and it doesn't change what Your Org pays.

Training our models. This applies only where Your Org buys Monthly Bookkeeping. If it doesn't, nothing in this section applies to it, and none of its data is used to train anything of ours. Where Your Org does buy Monthly Bookkeeping, we train our own models on the records we keep for it. That makes the Services better at categorising and reconciling. Your Org instructs us to create deidentified data from those records for that purpose, and the deidentified data is ours to use. Your Org's payroll data is in scope only as part of the records we keep for it as a Monthly Bookkeeping client. We don't train on the data of an Org that takes payroll alone.

Your Org can opt out at any time, free, by asking its dedicated bookkeeper. It never changes your price or your Services. We take Your Org's records out of the corpus right away. They're used in no further training of any model, new or existing. Models we've already released aren't retrained or withdrawn.

Records are deidentified before anything reaches a training corpus, and nothing identifiable is ever held in it. We drop free-text narratives, replace a counterparty with an imaginary counterparty, and replace names and addresses with imaginary text.

We also replace account and routing numbers, Social Security numbers, and tax identifiers with imaginary identifiers. Social Security numbers, financial account numbers, and precise geolocation never enter the corpus. Where a payroll record shows sickness absence we replace it with a general absence before training.

We maintain technical measures that prevent re-identification, we publicly commit not to re-identify deidentified data or attempt to, and we require the same by contract from anyone we give it to. We don't ask anyone for consent for this.

Fees and taxes. Our prices exclude any sales, use or similar taxes, which Your Org is responsible for where they apply. You're also responsible for your own data plans, Internet fees, and any other costs of using our Services.

 

Privacy Notice and User data

1st Money cares about your privacy. 1st Money's Privacy Notice describes our data (including message) practices, including the types of information we receive and collect from you. It also describes how we use and share this information, and your rights in relation to the processing of information about you.

Your Org's Users' privacy. You'll make sure that you and Your Org's Users acknowledge and agree that you, Your Org's Administrators, Your Org's Users, and 1st Money may have certain privileged access. This includes access to detailed information about the current and historical activity on an Account, including, without limitation, data gathered by usage of our Services.

1st Money usage. You'll make sure that you and Your Org's Users acknowledge and agree that any personal information accessed by 1st Money is processed in accordance 1st Money's Privacy Notice.

How we handle Your Org's payroll data. Your Org decides what payroll and HR data is collected and why, and we act on its instructions. We process it only to provide the Services and meet our legal duties, keep it confidential, bind everyone who handles it to confidentiality, and apply the security measures in our Privacy Notice. We'll help Your Org answer a person asking about their data, and tell it without undue delay of a breach. You authorise us to use service providers to help run the Services. That includes a support provider outside the UK, whose agents can open an employee's payroll record when Your Org asks them to help with one. If Your Org buys Monthly Bookkeeping, the bookkeeper assigned to it sees Your Org's accounting records and the documents behind them. That bookkeeper also sees Your Org's payroll records in full for as long as the assignment lasts, because the work needs it. Your Org's payroll support requests go to that bookkeeper rather than to our general support team. They work under written terms no less protective than these, and we stay responsible for what they do. We'll tell Your Org before we add or replace one. Your Org may object on reasonable data protection grounds. If it does, we'll offer an alternative, or Your Org may stop using the affected part of the Services. We act only on Your Org's documented instructions, including on transfers outside the UK, unless the law requires otherwise. Where it does, we'll tell Your Org before we process unless the law forbids it. When the Services end, Your Org can tell us to return its data or to delete it, and we'll do as it says. That's apart from anything the law requires us to keep. "Getting your data out" says how to export it first. We'll give Your Org what it needs to show it meets Article 28. We'll allow and contribute to an audit or inspection by Your Org or an auditor it appoints. That's on reasonable notice and no more than once a year, unless there's been a breach. Email privacy@1st.money for the current list.

Where Your Org's data is, and demands for it. We're a Delaware corporation. Your Org's data sits on servers in the Netherlands, run for us by a hosting company based in the U.S. If an authority of any country demands it, we need a legally binding demand properly served. We never hand anything over voluntarily. We give the least the demand compels, and we tell Your Org unless the law forbids it. We keep a record of every demand. If a demand goes to the company that runs our servers instead of to us, it isn't obliged to tell us. Our Privacy Notice says more.

Essential service communications. You acknowledge that in order to provide our Services, we must send you and Your Org's Users communications that are considered essential to use our Services. These include, but aren't limited to, password resets, billing notifications, security alerts, and critical software update information. You agree that you can't opt out of some of these essential service communications.

Marketing. We may contact your nominated commercial contact about our other services, by telephone and by email, and show promotional banners in the product. These Terms don't take your consent to that, and they don't take it for anyone else in Your Org. Where the law requires consent we ask for it separately, and where it doesn't we rely on our legitimate interests. Our Privacy Notice says which applies to you. If we contact you, you can opt out at any time, free. Do that in your account settings, by the unsubscribe link in any email, or by telling whoever calls. Banners are covered under "Promotional banners". None of it makes any difference to your Services.

Call recording. Every call between you and 1st Money, or anyone calling or answering for us, is recorded, whether we call you or you call us. We use the recording for three things only. Training our agents, and checking they follow our scripts and honour your choices. And confirming a detail you gave us on the call.

• Transcripts. Software turns each recording into a text transcript. We use it for two things and nothing else. First, to confirm automatically that the recording announcement was made. Second, to scan for words that suggest health. Where health came up on a call, we delete the recording and the transcript instead of keeping them. No person reads a transcript to run either check.
• How long we keep them. Each recording and its transcript for 30 days from the date of the call, then we delete both. We keep a small log of the announcement check for six years from the date of the call, then delete it.
• What we don't do. We don't use recordings for marketing and we don't disclose them.
• Who carries the call. We record on our own system on our servers in the Netherlands. A telecommunications carrier outside the UK connects the call to the public telephone network, so the audio crosses it while the call is happening. Our Privacy Notice says more.
• Who can listen. Only named people can listen to one or read a transcript.
• If you call us. A recorded message tells you before we connect you. Recording starts as the call connects, so that message is part of the recording.
• If you'd rather not be recorded. We can't run a call without recording it, so tell whoever calls and they'll end the call. You can reach us by email instead.

Bringing people into Your Org. Your Org must make sure everyone it invites accepts these Terms and can reach our Privacy Notice before they use the Services. We show both when someone accepts an invite. Where we hold a date of birth showing someone is under 18, we won't send them an invitation, and we'll tell whoever asked us to.

Advisers Your Org invites. Your Org can invite its accountant, bookkeeper or another outside adviser into its Account, and we'll email them an invitation on Your Org's instruction. That invitation is Your Org's disclosure to that firm, not ours. Your Org decides to make it, decides what access to give, and is responsible for what the firm does with what it sees. Anyone who accepts becomes one of Your Org's Users and is bound by these Terms like anyone else, including "Restriction on sharing": each person at the firm needs their own Account, and the firm can't share one login between its staff. Your Org can remove the access at any time in the product. An adviser who accepts counts as one of Your Org's people for everything in these Terms. Your Org may therefore nominate them as its commercial contact. They see what any administrator of Your Org sees, including the banners under: "Promotional banners"

Commercial contact. Your Org must name one person as its commercial contact and keep the role filled. If it becomes empty we'll ask an administrator to fill it in. That person's name, telephone number and email address appear on Your Org's billing page, visible to its administrators. We contact them about Your Org's plan and about our other services, and they can opt out at any time, free.

Promotional banners. We show banners for our own services in the product. A banner may tell you a paid service exists and what it does, without any discount or special offer attached. Where a banner does claim a discount or a special offer, "Discounts and special offers" applies to that claim. They're the same for everyone who sees them, and they're not chosen using Your Org's payroll data or anything a person does in the product. Employees and workers see banners only for our free tools. Banners for our paid services appear only to org admins, payroll admins, and the commercial contact. No banner appears on a payslip. Each person can turn banners off in their own account settings. Doing so turns off every banner we'd otherwise show them, whether it's for something we charge for or something that's free.

If a paid service becomes free. We may stop charging for something we charge for today. If we do, we'll announce it, and from that moment it's free for any Org that signs up. An Org already paying for it keeps the price it's on until the end of the month it's paid for. The new price applies from the next billing period. We don't refund or credit the month already paid for, because we supplied the service for it. Your Org needn't do anything, and nothing else about the Services changes. If a beaten price under a price promise is affected, "Price promises" says what happens.

Changing or withdrawing a free service. We may change what a free service includes, start charging for it, or withdraw it. We'll give at least 30 days' notice first, by email to Your Org's administrators and in the product. You can export your data in a common machine-readable format at any time before the change takes effect, and afterwards as set out below. If you don't want to continue, you can close your Account.

Your records after we withdraw a free service. Withdrawing a free service doesn't shut Your Org out of its own records. Its Account stays open in a read-only state, so its administrators can log in and download what they need, as data files and as PDFs. Read-only means Your Org can see, print, and download, but can't process a pay run, file anything or add a person. What stays available includes: - The employment tax filings we made for Your Org, including Forms 941, 940, W-2, and W-3, with their dates and what each one contained. - Payroll register and deduction detail for each person, and year-to-date figures. - The payslips we produced. - Retirement plan deduction history, and what we reported to the provider Your Org chose.

The IRS expects an employer to keep employment tax records for four years, and some states expect longer. We keep the Account readable for four years from the date we withdraw the service. We'll tell Your Org's administrators before we close a read-only Account for good.

How these Terms fit with our Privacy Notice. Our Privacy Notice explains what we do with personal information and forms part of these Terms. If the two conflict on a data protection matter, the Privacy Notice applies.

 

Acceptable use of our Services

Our Terms and policies. You must use our Services according to our Terms and policies. If you violate our Terms or policies, we may take action with respect to your Account. This may include disabling or suspending your Account and, if we do, you agree not to create another Account without our permission. Disabling or suspending your Account will be in accordance with the "Availability and termination of our Services" section below. Where we can safely do so, we'll let a pay run and filing already under way complete before a suspension takes effect. We'll tell Your Org's administrators what's happening.

Legal and acceptable use. You must access and use our Services only for legal, authorised, and acceptable purposes. You won't use (or assist others in using) our Services in ways that:

• Violate, misappropriate, or infringe the rights of 1st Money, our Users, or others, including privacy, publicity, IP Rights, or other proprietary rights.
• Are illegal, or harass, threaten or abuse anyone.
• Involve publishing falsehoods, misrepresentations, or misleading statements.
• Impersonate someone.
• Involve sending illegal or impermissible communications, and the like.
• Involve use outside Your Org's own business, or providing the Services to anyone else as if they were yours. This doesn't stop Your Org inviting its own adviser under "Advisers Your Org invites", or that adviser using the access Your Org gave it to do Your Org's work.

Harm to 1st Money or our Users. You mustn't, or help others to, by any means including automated means, access, use, copy, adapt, modify, make derivative works of, distribute, license, sub-license, transfer, display, perform or otherwise exploit our Services in an impermissible or unauthorised way, or in a way that burdens, impairs or harms us, our Services, systems, Users or others. In particular you mustn't:

• Reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Services.
• Send, store, or transmit viruses or other harmful computer code through or onto our Services.
• Gain or attempt to gain unauthorised access to our Services or systems.
• Interfere with or disrupt the safety, security, confidentiality, integrity, availability, or performance of our Services.
• Create Accounts for our Services through unauthorised or automated means.
• Collect information of or about our Users in any impermissible or unauthorised manner.
• Sell, resell, rent, or charge for our Services or data obtained from us or our Services in an unauthorised manner.
• Make the Services available to anyone outside Your Org, or resell or repackage access to them.
• Create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorised manner.
• Misuse any reporting channels, such as by submitting fraudulent or groundless reports or appeals.

Keeping your Account secure. You're responsible for keeping your device, and your 1st Money Account safe and secure. You must notify us promptly of any unauthorised use or security breach of your Account or our Services. We'll tell Your Org's administrators without undue delay if we become aware of unauthorised access to Your Org Data, and what we're doing about it.

Prohibited activities. You (and any connected agents) agree not to engage in any of the following prohibited activities:

• Using an automated system, such as a robot, spider or scraper, to access the Services outside our API and the terms that govern it.
• Collecting personal information from the Services other than Your Org's own data, through the features and exports we provide.
• Collecting or harvesting any video, video tutorial, audio, or help content from the service.
• Reproducing, duplicating, copying, selling, trading, reselling, or exploiting any portion of the service, use of the service, access to the service, or content obtained from the service, including but not limited to, training, developing, or testing any machine learning or artificial intelligence models or algorithms, through any means other than as specifically authorised in writing by 1st Money.

All content, including videos, system designs, and other materials, published on this platform are the intellectual property of 1st Money. Unauthorised use, including the use of such content for the training, development, or testing of artificial intelligence or machine learning models, is strictly prohibited. 1st Money reserves the right to seek damages for unauthorised use of its intellectual property.

 

Third-party services

Our Services may let you use or interact with third-party websites, apps, Content, and services, and 1st Money Company Services, such as an accounting or banking service integrated with ours. These Terms and our Privacy Notice apply only to our Services; a third party's own terms and privacy policy govern your use of theirs. We rely on third party services to deliver Monthly Bookkeeping, including an accounting package and a bank feed. We're not responsible for their outages, price changes, loss of data or removal of features. If one becomes unusable we'll tell Your Org and move the work to another. If that changes what Your Org pays or holds, we'll say so first. Your Org chooses which integrations to turn on and can turn them off. You're responsible for the terms you agree with them and for the data you let them reach. If their service fails or delays, we're not responsible for the consequences, but we'll tell you what we know and help you work out what happened.

 

Licences

Your rights. 1st Money doesn't claim ownership of the information that you submit for your 1st Money Account or through our Services. You must have the necessary rights to such information that you submit for your 1st Money Account or through our Services. You must also have the right to grant the rights and licences in our Terms. For personal data about Your Org's people, "How we handle Your Org's payroll data" applies instead. Your Org is responsible for having a lawful basis to give it to us.

1st Money's rights. We own all IP Rights associated with our Services. That doesn't include Your Org Data, or the payslips, filings, and reports the Services produce from it, which stay Your Org's. The models we train, and the data they're trained on, are ours. They hold nothing that identifies Your Org or anyone in its records, so there's nothing of Your Org's in them to return when it leaves. "Training our models" says what happens if Your Org opts out. You may not use our IP Rights unless you've got our express permission and except in accordance with our Brand book. You may use the trade marks of our Associated companies only with their permission, including as authorised in our published Brand book.

1st Money's license to you. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable licence to use our Services, subject to and in accordance with our Terms. We revoke it only when your Account ends or is suspended, as set out under "Availability and termination of our Services". This licence is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms. No licences or rights are granted to you by implication or otherwise, except for the licences and rights expressly granted to you.

Your licence to 1st Money. In order to operate and provide our Services, you grant 1st Money a worldwide, non-exclusive, royalty-free licence, sub-licensable only to the service providers who help us run the Services. This licence is to use, reproduce, distribute, create derivative works of, display, and perform the information. The information relates to information (including the Content) that you upload, submit, store, send, or receive on or through our Services. The rights you grant in this licence are for the limited purpose of operating and providing our Services. It ends when we delete the information, as described in our Privacy Notice. This includes displaying a profile picture you upload. It also includes delivering the payslips, notices, and messages the Services send on Your Org's behalf. That means holding them on our servers for up to 30 days as we try to deliver them.

 

Reporting third-party copyright, trade mark, and other IP Rights infringement

To report claims of third-party copyright, trade mark, or other IP Rights infringement, please visit our Copyright Policy. We may take action with respect to your Account. This includes disabling or suspending your Account, if you clearly, seriously or repeatedly infringe the IP Rights of others. We may also do so where we're required to do so for legal reasons. Disabling or suspending your Account will be in accordance with the "Availability and termination of our Services" section below. Where we can safely do so, we'll let a pay run and filing already under way complete before a suspension takes effect.

We don't guarantee any Content will be available on our Services. We may, but needn't, remove, edit, modify or block any Content at any time, without notice and for any reason or none, including on a claim from a third party or an authority, or a concern that you may have breached these Terms.

We don't review all material before it's posted, and can't guarantee prompt removal of objectionable material afterwards. So we assume no liability for any action or inaction over transmissions, communications or Content from any User or third party. Where the law requires it, including a law enforcement request supported by a valid court order, we may disclose User information. You waive and hold us harmless from claims resulting from any action we take during an investigation, or as a result of one. That applies whether the investigation is ours or a law enforcement authority's.

 

Disclaimers and release

YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE'RE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES. THIS INCLUDES, BUT ISN'T LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DON'T WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL. NOR DO WE WARRANT THAT OUR SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DON'T CONTROL, AND AREN'T RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE'RE NOT RESPONSIBLE FOR AND AREN'T OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD-PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, ASSOCIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "1ST MONEY PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, CONTROVERSY, DISPUTE, OR DAMAGES (TOGETHER, "CLAIM"), KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU'VE GOT AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE 1ST MONEY PARTIES AREN'T MODIFIED BY THE FOREGOING DISCLAIMER UNDER THE FOLLOWING CONDITION. IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DON'T PERMIT IT.

IF YOU'RE A U.S. RESIDENT, YOU WAIVE ANY RIGHTS YOU MAY HAVE UNDER CALIFORNIA CIVIL CODE §1542, OR ANY OTHER SIMILAR APPLICABLE STATUTE OR LAW OF ANY OTHER JURISDICTION, WHICH SAYS SOMETHING LIKE THE FOLLOWING. A GENERAL RELEASE DOESN'T EXTEND TO THE FOLLOWING. CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOESN'T KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE. ALSO, THAT IF KNOWN BY HIM OR HER WOULD'VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

Limitation of liability

This section sets our general limits. For any service we provide free of charge, "Our liability" and "Claims" below apply instead.

What we can never limit is set out under "Our liability" below, and applies to this section too.

If Your Org takes both paid and free services, each claim is capped by the section that covers the service the claim arises from. A claim arising from a free service is never brought within the paid cap, and the two caps aren't added together.

Neither 1st Money nor its employees are Your legal advisors. The Doc templates, and other features, may fail to meet Your needs. None of our Services can be considered legal advice and no attorney-client relationship is established. Make sure you consult with a licensed attorney in Your area to examine the details of Your specific situation.

What we aren't. No attorney-client privilege is formed by anything we do. Our people aren't certified public accountants, and aren't licensed accountants in your state. We prepare no U.S. tax return, so we aren't registered tax return preparers, and we don't represent anyone before the IRS under Circular 230.

Neither 1st Money nor its employees are Your tax advisors. The tax calculations, and other features, may fail to meet Your needs. None of our Services can be considered tax advice, and no privileged professional relationship is established. For anything beyond what our pricing page says we prepare, take advice from a licensed accountant or tax professional in Your area. We prepare and file what our pricing page says we do, from the records and instructions Your Org gives us. That's a bookkeeping and filing service, not tax advice. Your Org stays responsible for the accuracy of what it gives us and for its own tax position.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE 1ST MONEY PARTIES WON'T BE LIABLE TO YOU FOR ANY LOST PROFITS. THE SAME APPLIES TO ANY CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES. THAT EXCLUSION COVERS DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OUR SERVICES, OR OUR AI FEATURES. THIS EXCLUSION APPLIES HOWEVER THE DAMAGES ARE CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE. IT APPLIES EVEN IF THE 1ST MONEY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS, OUR SERVICES, OR OUR RELATIONSHIP EXCEED THE MAXIMUM LIABILITY. THE MAXIMUM LIABILITY IS THE TOTAL AMOUNT YOU PAID TO US IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND 1ST MONEY AND WILL APPLY EVEN IF A REMEDY FAILS ITS ESSENTIAL PURPOSE. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. THEREFORE, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, THE LIABILITY OF THE 1ST MONEY PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

Indemnification

If anyone brings a claim ("Third-Party Claim") against us related to your actions, information, or Content on 1st Money, or any other use of our Services by you, you agree to the following. You'll, to the maximum extent permitted by applicable law, indemnify, and hold the 1st Money Parties harmless from and against all liabilities, damages, losses. This includes expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in connection with any of the following. (a) Your access to or use of our Services, including information and Content provided in connection therewith. (b) Your breach of our Terms or applicable law, or. (c) Any misrepresentation made by you. (d) Your use of, or reliance upon, any AI Features, including any payroll or HR decisions made by You after reviewing AI-generated suggestions. You'll cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to 1st Money aren't modified by the foregoing indemnification if the following applies. The laws of your country or territory of residence, applicable as a result of your use of our Services, don't permit it.

 

Our liability

• You're responsible for your own filings. You're legally responsible for your own payroll filings and pension or retirement plan duties. Before anything is filed we show you what it contains and you approve it. You must review it first, and we don't file anything you haven't approved.
• We're not liable for what you owed anyway. Any tax, National Insurance, Social Security, Medicare, payroll tax, or pension or retirement contribution that was properly due is yours to pay. We're not liable for it. Paying it late doesn't turn it into our loss.
• Penalties and interest. An authority may charge a penalty, fine, surcharge or interest. That authority might be HMRC, The Pensions Regulator, the IRS, a state or local tax authority, the Department of Labor or another. If something we got wrong caused it, tell us right away and we'll work to get rid of it. We'll make the representations to the authority ourselves, at our own cost, and explain what happened. A charge caused by a provider's error is often cancelled or reduced once the authority is told. If any of it still stands after that, we'll cover what's left, up to the caps in this section and no further. Don't pay or agree a charge before telling us, because that removes the chance of cancelling it, and we're not liable for one you've already accepted. Where the charge follows from anything else it's yours. That includes where it follows from information you gave us late, incompletely or wrongly. It also includes a decision you made, or an approval you didn't give in time.
• We're not liable for indirect loss. That includes loss of profit, revenue, business, goodwill, anticipated savings or data. It includes any indirect, incidental, special, consequential, exemplary or punitive loss, however caused, and whatever the legal theory.
• We're not liable for your time. That includes the cost or value of time you or your staff spend on the matter.
• Our cap for a free service. To the fullest extent the law allows, our total liability to you in connection with a service we provide free of charge, in aggregate for all claims of any kind arising in any 12 month period, is the greater of (a) GBP £250 or USD $250, or (b) GBP £5 or USD $5 for each affected person, and in no event more than GBP £2,500 or USD $2,500. The currency is the one in which your organisation is billed. If nothing is billed, it's GBP for organisations in the UK and USD everywhere else. This cap applies instead of any general cap in these Terms for a service we provide free of charge.
• Who counts as affected. An affected person is anyone whose pay, payslip, or pension or retirement assessment was wrong as a result of the matter you're claiming about. It also covers anyone about whom the information we filed was wrong.
• Tell us in time. You must tell us about any claim within 6 months of the date you became aware, or ought reasonably to have become aware, of it. The law where you live might not allow a period that short. If so, the shortest period the law does allow applies.
• Why these limits. They reflect that we provide the service free of charge, as defined under "The free service test", and they're an agreed allocation of risk between us.
• These limits hold. Every exclusion and limit in this section applies to the fullest extent the law allows, whatever the legal theory. They apply even if a limited remedy fails of its essential purpose.
• If a limit doesn't hold. Each exclusion, cap, threshold, and time limit in this section and in "Claims" stands on its own. If one of them is held unreasonable or unenforceable, the others aren't affected and continue to apply. Where the cap under "Our cap for a free service" is held unreasonable or unenforceable, it's replaced by the first of these that's enforceable, rather than by no cap at all: GBP £2,500 or USD $2,500 in aggregate for all claims of any kind arising in any 12 month period; then GBP £10,000 or USD $10,000 on the same basis; then the highest limit the law allows. Where the threshold under "Small and related claims" is held unreasonable or unenforceable, it falls away and the rest of the limits still apply. Where the period under "Tell us in time" is held unreasonable or unenforceable, the fallback in that paragraph applies.
• Which law tests these limits. For an Org established in the UK, the law of England and Wales governs these Terms whichever court hears a Claim. "Dispute resolution" sets that out. So the limits in this section and in "Claims" are tested for reasonableness under the Unfair Contract Terms Act 1977. Where you deal as a consumer, they're tested for fairness under Part 2 of the Consumer Rights Act 2015. We don't choose a governing law to avoid either, and "If a limit doesn't hold" applies to whatever a court doesn't allow.

 

Claims

• Who can claim. Liability under these Terms is owed to your organisation only. No other person has any right to enforce them, and no one is a third-party beneficiary of them.
• How to claim. Write to claims@1st.money setting out what went wrong, who was affected, what loss you've suffered, and evidence of that loss.
• Where not to claim. We don't accept claims made through support channels, and a claim isn't made until we receive that information.
• Small and related claims. Related claims arising from the same cause are treated as one claim. For a service we provide free of charge, we're not liable where the evidenced loss for a claim is less than GBP £250 or USD $250.
• Evidence and mitigation. We're only liable for loss you can evidence, and only to the extent you couldn't reasonably have avoided it. That includes avoiding it by reviewing your submissions before approving them.
• What we can never limit. Nothing in these Terms limits liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation. Nor does anything limit liability for gross negligence or wilful misconduct, or for anything else the law doesn't allow us to limit. If you're a consumer, nothing here affects your statutory rights.
• Survival. This section survives termination of your relationship with us.

 

Dispute resolution

Company	Domicile	Competent court
1st Money, Inc.	State of Delaware	Delaware Courts

Forum and venue. If you're a 1st Money User in the U.S., the "Special arbitration provision for U.S. Users" section below applies to you, and you should read it in full. If you aren't subject to it, then any claim or cause of action either of us has against the other relating to or arising out of our Terms or our Services (each a "Dispute") must be resolved in a competent court that's got jurisdiction over the domicile of 1st Money, Inc., shown in the table above. That's the company you contract with, and the company to direct a claim to. You agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or cause of action. In all other cases, you also agree that the laws of the State of Delaware will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect the following. To resolve any Dispute with you that isn't subject to arbitration in any competent court in your residence country that's got jurisdiction over the Dispute.

Governing law. The laws of the country of the State of Delaware govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between 1st Money and you, without regard to conflict of law provisions.

Time limit to bring a claim or dispute. THESE TERMS ALSO LIMIT THE TIME YOU'VE GOT TO BRING A CLAIM OR DISPUTE. THIS INCLUDES THE TIME TO START AN ARBITRATION OR, IF PERMISSIBLE, A COURT ACTION OR SMALL CLAIMS PROCEEDING TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. We and you agree that for any Dispute (except Excluded Disputes below) we and you must bring Claims within one year after the Dispute first arose. Such Claims includes commencing an arbitration proceeding. Otherwise, such Dispute is permanently barred. This means that if we or you don't bring a Claim (including commencing an arbitration) within one year after the Dispute first arose the following applies. The arbitration will be dismissed because it was started too late.

See below: Special arbitration provision for U.S. Users

 

Availability and termination of our Services

This section covers changes to the Services and the ending of an Account. A free service may also be changed or withdrawn on notice, as set out under: "Changing or withdrawing a free service"

Getting your data out. However the Services end, Your Org can export its data in a common machine-readable format for 30 days afterwards, unless the law stops us. We might withdraw a free service rather than Your Org's Account ending. Then "Your records after we withdraw a free service" gives Your Org read-only access for longer, and applies instead of this 30 day period. After that we keep Your Org's bookkeeping records only for as long as the law requires them to be kept, and delete them as set out in our Privacy Notice, which gives the periods. Suspension doesn't remove the export route.

Availability of our Services. We're always trying to improve our Services. That means we may expand, add, or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms. We might remove something Your Org pays for, or something needed to meet a payroll or filing duty. We'll give notice as set out below and, where it's paid for, refund or credit the unused part.

These may be discontinued at any time after a notice period of 30 days. However, no such notice is required in urgent situations such as preventing abuse, responding to legal requirements, or addressing security or operational issues.

Events beyond our control may affect our Services, such as events in nature and other force majeure events.

Termination. Although we hope you remain a 1st Money User, you may terminate your relationship with 1st Money anytime for any reason by deleting your Account. For instructions on doing so, please visit our Help pages and search for: "delete account"

We may modify, suspend, or terminate your access to or use of our Services anytime for any reason, such as if you violate the letter or spirit of our Terms or create harm, risk, or possible legal exposure for us, our Users, or others.

We may also disable or delete your Account if it doesn't become active after Account registration or if it's inactive for an extended period.

If you believe your Account's termination or suspension was in error, please contact us at: hello@1st.money

The following provisions will survive any termination of your relationship with 1st Money: "Licences," "Disclaimers and release," "Limitation of liability," "Our liability," "Claims," "Dispute resolution," "Availability and termination of our Services," and "Other."

The provisions "Indemnification" and "Special arbitration provision for U.S. Users" will also survive any termination of your relationship with 1st Money.

 

Automatically transacted payments

Where this section applies. This section sets out how we execute payments for Your Org where we offer that service and Your Org chooses to use it. It's an optional service, separate from payroll, and payroll works without it. Your Org can run payroll, file with the tax authority and make its own tax deposits, using none of it. It can pay its own people from its own bank account. We don't currently offer it anywhere, in the UK or the U.S. Two things in this section do apply now, because we collect Your Org's monthly fee by direct debit: "Credit information", and the bank payment authorisation below. Where we offer it in future we'll do so only through an appropriately authorised payment institution, or as the law otherwise permits. We'll tell Your Org before it becomes available. Nothing in this section applies to Your Org unless and until it takes that service, and nothing in it makes a free service paid for.

Additional payments associated with a given payday includes income tax, national and local taxes, and social security or national insurance contributions. They also include other taxes, voluntary deductions, expense payments, loan payments, garnishments, attachments of earnings, and others.

Automatically transacted payments includes payslip payments (direct deposits), savings deposits, transaction fees, service charges, additional payments associated with a given payday, and others.

You or Your Org's Users may be given the option to have automatically transacted payments executed by 1st Money on Your behalf. If you elect to do so, you authorise 1st Money to withdraw funds from Your Org's connected bank account. Such withdrawal is for the sole purpose of completing the transaction as agreed.

All automatically transacted payments funded by withdrawal from Your Org's connected bank account, in advance of an onward payment will be withdrawn in advance. The advance withdrawal will be at least three working days before the payment due date. These payments are deemed to be accompanied by a payment order for onward transfer.

All parts of a payroll payment are handled as a complete unit. To avoid the chance of partial insufficient funds, the following applies. All additional payments associated with a given Payday Payment will be withdrawn at the same time as the payslip payment withdrawal. These payments are deemed to be accompanied by a payment order for onward transfer.

Where an Org pays funds to 1st Money in advance of an onward payment, such money will be held by 1st Money in a segregated bank account for payment transactions. When 1st Money holds funds on the Org's behalf, 1st Money holding the funds isn't the same as a bank holding money, in that: (a) 1st Money can't and won't use the funds to invest or lend to other persons or entities; (b) the funds won't accrue interest to the Org; and (c) the funds may not be covered by the Federal Deposit Insurance Corporation (FDIC) or Financial Services Compensation Scheme (FSCS).

Where Your Org uses the service described in this section, funds we hold on its behalf in transit may earn interest or other income. You unconditionally agree that 1st Money retains it, and you explicitly waive any claim to it. It isn't a charge for any service, and it doesn't make a free service paid for. An Org that doesn't use this service pays us nothing and generates none of it.

You accept and consent that you or Your Org's Users may have certain automatically transacted payments administrated by 1st Money directly from their payslip.

1st Money files tax information and pension information, and may in the future transact payments, for the fees set forth on our then-current pricing schedule. You acknowledge that 1st Money may change this service charge at some future date. You'll be given at least 30 days notice for any such change (excluding regular fluctuations in currency exchange rates). This service charge may be automatically added to the amount withdrawn from Your Org's connected bank account, or may be automatically withdrawn as a separate transaction.

A payment confirmation email will be sent to Your Org's, or the User's, registered email address within 90 seconds of a completed payment.

By using 1st Money's payroll software, or other employer-employee related Services, Your Org, as the employer, regards 1st Money as your contracted service provider. As such, Your Org authorise 1st Money to communicate directly with Your Org's Users about their pay, their documents and the Services they use. Marketing is different, and "Marketing" and "Promotional banners" say who we may market to.

NACHA authorisation. You agree to be bound by the Operating Rules of the National Automated Clearing House Association (NACHA). You authorise 1st Money (and its third-party payment processors) to originate debit and credit entries to Your designated bank accounts.

Fraud & risk prevention. 1st Money reserves the right to hold, suspend, or reverse transactions if we reasonably suspect fraud or unauthorised activity. You acknowledge that funds held by 1st Money for payroll remittance are held in an agency capacity and doesn't establish a banking relationship between You and 1st Money.

Failed payments & right to offset. If a debit from Your account is returned, rejected, recalled or reversed for any reason after 1st Money has already forwarded funds to Your employees or tax agencies, You agree that such amount is immediately due and payable. You authorize 1st Money to immediately set off and deduct such amounts from: (a) any other connected bank account associated with Your Org; (b) any funds held by 1st Money on Your behalf; or (c) any reserve funds. You agree to pay all costs of collection, including reasonable attorney's fees, for recovering these funds.

1st Money reserves the right to decline to offer, or discontinue any automatically transacted payments feature to you or Your Org's Users. Such decline or discontinuance will be at our sole discretion, and with notice.

Credit information. Where we advance funds or collect by direct debit, use of our Services may be subject to credit approval. We may obtain credit information about Your Org, and about you personally if Your Org is a sole trader or partnership, from a credit reference agency. We rely on our legitimate interests in managing credit risk, our Privacy Notice explains it, and the agency may record the search.

 

Third-party benefits and insurance integrations

No fiduciary status. You acknowledge that 1st Money acts as a third-party administrator for data transmission and isn't a "Fiduciary" as defined by the Employee Retirement Income Security Act (ERISA). You maintain sole responsibility for plan selection, classification of employees, and determining eligibility for benefits.

Brokerage data. If You use our health insurance integration, You agree that 1st Money acts only to transmit Your instructions to carriers or brokers. We aren't responsible for coverage lapses resulting from inaccurate data provided by You or Your failure to approve an enrollment event in the platform.

Transmission vs. effectuation. You acknowledge that 1st Money's role is limited to the transmission of data to Carriers. 1st Money doesn't guarantee the effectuation of coverage by the Carrier. You agree to audit Your Carrier invoices and portals independently to verify that enrollments, terminations, and changes transmitted by 1st Money have been correctly processed by the Carrier. 1st Money isn't liable for claims denials, coverage lapses, or retroactive premiums resulting from Carrier processing delays or errors. You acknowledge that insurance carriers often require data submission well in advance of effective dates. 1st Money isn't responsible for coverage lapses caused by your failure to enter or approve data within the specific lead times required by your Carriers. Even if the software allowed the entry.

 

Accounts and Users

Agreeing on behalf of Your Org. If you're agreeing to these Terms on behalf of the entity on whose behalf you're setting up an Account, Your agreement to these Terms will be deemed to be an agreement between Your Org and 1st Money. In such case, you represent and warrant that you've got authority to bind Your Org to the terms and conditions of these Terms. If you don't agree with the terms of these Terms, you aren't authorised to use our Services in any manner.

Responsibility for Accounts. You'll be responsible for the administration and management of all Accounts for Your Org's Users. The creation of all Accounts by you, Your Org's Administrators and Your Org's Users, including any self created Accounts by "Domain signups" (if enabled), shall be governed by these Terms.

Responsibility for Your Org's Users. You'll be responsible for all usage of our Services. This includes without limitation, any acts and omissions by any of Your Org's Users to whom an Account has been allocated. You'll make sure that all Your Org's Users comply with these Terms.

Reallocation and deletion of Accounts. If you delete one of Your Org's Users, their Account shall remain in the 1st Money deleted list. Access to it may be blocked, and their Account will be marked as deleted.

Business use only. Our payroll Services are for businesses. We don't support household employment, meaning someone employed in and around your own home, such as a nanny, housekeeper, cleaner, carer or home health aide. We can't set up an Account for that. If we find out later that's what an Account is being used for, we'll close it under "Availability and termination of our Services". If you employ someone through a business, whatever its legal form, that's business use. A sole trader or sole proprietor running payroll for their own business is a business to us, and is welcome.

Restriction on sharing. It's prohibited for you, or Your Org's Users to share Accounts and/or share Passwords. You'll make sure that neither you, nor Your Org's Users will share an Account, or Password.

Security. You and Your Org's Users must keep every Username and Password secure. If you suspect an Account or Password has been shared in breach of these Terms, or has become known to anyone but the User it belongs to, change it immediately. You're responsible for making sure Your Org's Users don't respond to unsolicited requests for payment details, Passwords or other data. Neither 1st Money nor its officers, employees or Associates is liable, on any basis, for a claim, damage or loss. That covers anything arising from a failure by you or Your Org's Users to comply with this paragraph.

Your Org's Administrators. You and Your Org's Administrators may appoint Users as Administrators, who are responsible for administering our Services in Your Org. You'll make sure every Administrator reads, agrees to, and complies with these Terms, and you're responsible for any breach by one. An Administrator who creates or manages Accounts without entering into these Terms for a legally incorporated entity, or without authority to act for it, is in breach. They're personally liable for that breach, for any other breach, and for the acts and omissions of Your Org's Users on our Services.

Support materials. 1st Money provides videos, documentation, training materials and/or other documents to allow you to provide Support for Your Org's Users. In Your Org you'll respond to questions and complaints from Your Org's Users' use of our Services. This also applies to Your Org's Users or third-parties relating to Your Org's use of our Services. This will be done at Your own expense. Your Org will use commercially reasonable efforts to resolve support issues before escalating them to 1st Money. This includes consulting with Your Org's technicians, lawyers, attorneys, solicitors, bookkeepers, bookkeepers, or other advisors.

Scope of support services. Support agents help with functionality, workflow optimisation and technical usage, and where our pricing page includes support we don't meter it or charge by volume. They're prohibited from giving binding advice on labour law, tax or HR compliance. Any tips on navigation or configuration are illustrative examples about the technical operation of the Service, not financial, HR or organisational advice. You stay responsible for deciding whether a configuration meets your own policies, local labour law and tax obligations. No statement by a support agent is legal, accounting or tax advice, creates a fiduciary relationship, or waives any provision of these Terms, and you agree not to rely on live chat for a compliance determination.

Warranty. You represent and warrant that you'll (and shall make sure that Your Org's Users will) comply with:

• All obligations under these Terms; and.
• All Applicable Laws that may apply to the use of our Services.

Suspension of Accounts by 1st Money. If 1st Money becomes aware of a User's violation of the Terms, then 1st Money may specifically request that Your Org Suspend the applicable Account. If Your Org fails to comply with 1st Money's request to suspend an Account, then 1st Money may Suspend the User or Org Account. The duration of any suspension by 1st Money will be until you, or the applicable User has cured the breach which caused the suspension.

Jurisdiction restrictions. If the law of Your country prohibits you, or Your Org's Users from downloading or using our Services, you won't use them. This includes if our Services aren't allowed in the country or countries in which you or Your Org's Users are located. You'll also not allow Your Org's Users to use them.

 

API

Users may access Your Org Data via an API (Application Program Interface), so far as their permissions in the product allow and no further. Any use of the API, including use of the API through a third party product that accesses 1st Money, is bound by these Terms plus the following specific terms:

Our liability for the API is limited as set out under "Limitation of liability", "Our liability" and "Claims", and not separately here.

Abuse or excessively frequent requests to 1st Money's API may result in the temporary or permanent suspension of Your Account's access to the API. 1st Money, in its sole discretion, will determine abuse or excessive usage of the API. 1st Money will make a reasonable attempt via email to warn the Account owner prior to suspension.

We may modify or discontinue your access to the API, temporarily or permanently. Where it's part of a service we provide free of charge, "Changing or withdrawing a free service" applies and we'll give notice as it sets out. We may suspend access immediately to deal with abuse, a security problem or a legal requirement.

 

AI Features

"NO PROFESSIONAL ADVICE" DISCLAIMER: THE INFORMATION PROVIDED BY THE AI FEATURES IS FOR INFORMATIONAL PURPOSES ONLY AND DOESN'T CONSTITUTE LEGAL, TAX, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT WITH A QUALIFIED PROFESSIONAL FOR ADVICE TAILORED TO YOUR SPECIFIC SITUATION.

"ACCURACY OF AI OUTPUT" DISCLAIMER: YOU ACKNOWLEDGE THAT THE AI FEATURES MAY PRODUCE INACCURATE, INCOMPLETE, OR OUTDATED INFORMATION ('HALLUCINATIONS'). WE DON'T GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF ANY INFORMATION GENERATED BY THE AI FEATURES. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY OF ALL AI-GENERATED CONTENT BEFORE RELYING ON IT.

"USE AT YOUR OWN RISK" CLAUSE: YOUR USE OF THE AI FEATURES IS AT YOUR OWN RISK. WE DISCLAIM ALL LIABILITY FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON THE AI FEATURES.

Our "Ask AI" and other AI features ("AI Features") use artificial intelligence to allow you to interact with our Services, by voice or by other inputs. By using AI Features, you agree to the following additional terms:

• Accuracy disclaimer; user responsibility. You acknowledge and agree that the AI Features may not always be accurate or perform as expected. It may misinterpret your voice or other commands, leading to unintended actions or errors in your account. It's your sole responsibility to review and verify any and all actions taken by AI Features on your behalf. You're ultimately responsible for all activities that occur under your account. Including whether performed by you or by AI Features in response to your voice or other commands.
• Approval constitutes binding signature. You acknowledge that the AI Features function solely as a drafting and information retrieval tool. When the AI proposes an action (e.g., updating pay rates, submitting expenses), it's merely a suggestion awaiting your verification. You agree that affirmatively tapping or replying "Approve," "Confirm," or similar buttons or replies constitutes a "wet signature equivalent" authorisation of the specific data values presented at that moment, regardless of the AI's prior output, and by such authorisation, you're adopting the data as Your own. Once approved, 1st Money deems this data to be "User Data" created by You. You bear the sole burden of verifying the accuracy of the suggestion against your database records prior to approval. 1st Money shall not be liable for any payroll errors, tax penalties, or data corruption resulting from AI suggestions that were affirmatively approved by a Human User.
• Specific disclaimer regarding employment decisions: You acknowledge that AI Features may provide drafts or suggestions regarding termination, hiring, or disciplinary actions. You agree that sole decision-making authority rests with You. 1st Money isn't responsible for wrongful termination claims, discrimination claims, or labor law violations resulting from Your use of AI-drafted content.
• Audit log is conclusive evidence. You acknowledge that 1st Money maintains an immutable audit log of all AI-suggested actions and Your subsequent manual approvals (including timestamps and User IDs). This might matter in a dispute regarding a payroll error, tax penalty, or data corruption. You agree that this audit log is strong evidence of what was shown, who approved it and when. We'll produce it on request in any dispute about whether a change was authorised. It doesn't stop either of us relying on other evidence.
• AI isn't professional counsel. You acknowledge that employment and tax law varies by country, and within a country by state, county or municipality. Our AI Features and Doc templates are generated based on generalized data. They may not reflect the specific, real-time local statutes or recent case law applicable to Your specific jurisdiction. You represent and warrant that you won't use AI Features as a substitute for retaining legal counsel or a certified public accountant. You agree that 1st Money isn't engaged in the practise of law or accountancy through the provision of these AI Features.
• Third-party providers; data restrictions. You acknowledge that AI Features are provided in part by third-party artificial intelligence providers ("AI Providers"). Your input data may be processed by these AI Providers solely for the purpose of generating a response. They act as our processors under a contract that bars them from training on your input. Where they're outside the UK, that contract carries the UK Addendum to the standard contractual clauses. You agree not to type sensitive information into the AI interface unless a secure field asks for it. That includes National Insurance or Social Security numbers, bank details, and anything about health.
• No warranties; liability limitation. The AI Features are provided as-is and as available. We exclude the implied terms about quality and fitness so far as the law allows, and nothing here excludes what the law doesn't let us exclude. We won't be liable for any damages or losses arising from your use of the AI Features. Including but not limited to any direct, indirect, incidental, special, consequential, or exemplary damages.
• Service modifications and recording. We may modify, suspend or discontinue the AI Features. Where they're provided free of charge, "Changing or withdrawing a free service" applies and we'll give notice as it sets out. We keep a record of AI interactions so we can support you and investigate problems. We don't use what you type into the AI features to train any model, ours or a provider's. Training on bookkeeping records is separate, and "Training our models" explains it. Our Privacy Notice explains how long we keep it.
• Unlawful use prohibited. You agree not to use the AI Features for any unlawful purpose, or generate discriminatory or harassing content. You also agree not to use for any use-case that could result in legal, financial, or physical harm to yourself or others without independent human review.

We may use anonymized and aggregated data from your use of the AI Features to develop, improve, and support the Services. We won't use your Confidential Information to train our AI models in a way that would allow it to be identified or accessed by other customers.

 

Other

• Any amendment to or waiver of our Terms proposed by you requires our express consent.
• Our Terms are written in English. Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.
• We may amend or update these Terms. We'll give you at least 30 days' notice of a material amendment, and it takes effect no sooner than that. Your continued use of our Services after it takes effect confirms your acceptance of our Terms, as amended.
• For the following reasons, we may make changes to our Services or the Terms, which will apply without advance notice because they don't disadvantage you. Anything else follows the notice period above:
  • To make the Terms easier to understand for you.
  • To reflect changes in security design or technology at no increased cost to you.
  • To apply a change we're making for all customers, where it leaves you no worse off.
  • To correct non-material mistakes, ambiguities, inaccuracies or omissions where it's reasonable to do so or as a result of customer feedback.
• We reserve the right to unilaterally modify and/or amend all or any part of these Terms pursuant to and in compliance with regulatory or legal changes that affect our Services, and we'll tell you what changed and when it takes effect.
• We'll also update the "Last revised" date (at the bottom of our Terms).
• We hope you'll continue using our Services, but if you don't agree to our Terms, as amended, you can stop using them and close your Account before the change takes effect. If you've paid for a period that hasn't run, we'll refund the unused part. Alternatively, you may discontinue your use of the Services affected by the amendments you don't agree with.
• All of our rights and obligations under our Terms are freely assignable by us to any of our Associates. They're also freely assignable by us in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise.
  • In addition, and we may transfer your information to any of our Associates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third-party.
  • We hope you'll continue using our Services, but if you don't agree to such an assignment, you must stop using our Services by deleting your Account. You may do this after having been notified of the assignment.
• Unless a mutually executed agreement between you and us states otherwise, our Terms make up the entire agreement between you and us. Such agreement is regarding 1st Money and our Services, and supersede any prior agreements.
• We reserve the right to designate in the future that certain of our Services are governed by separate terms (where, as applicable, you separately consent).
• Our Services aren't intended for distribution to or use in any country or territory where such distribution or use would violate local law. This includes use in any country or territory where such distribution or use would subject us to any regulations in another country or territory. We reserve the right to limit our Services in any country or territory.
• You'll comply with all applicable European Union and non-European Union export control and trade sanctions laws ("Export Laws"). You won't, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, territory, or country prohibited by Export Laws; (b) to anyone on European Union or non-European Union government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You won't use or download our Services if you're located in a restricted country or territory. You also won't use or download our Services if you're currently listed on any European Union or non-European Union restricted parties list. You won't use or download our Services for any purpose prohibited by Export Laws, and you won't disguise your location through IP proxying or other methods.
• You won't transfer any of your rights or obligations under our Terms to anyone else without our prior written consent.
• Nothing in our Terms will prevent us from complying with the law.
• Except as contemplated herein, our Terms don't give any third-party beneficiary rights.
• The failure to exercise, or delay in exercising, a right, power, enforcement, or remedy provided by these Terms or by law shall not constitute a waiver of that right, power or remedy. If we waive a breach of any provision of these Terms this shall not operate as a waiver of a subsequent breach of that provision. Nor shall it be a waiver of a breach of any other provision.
• We always appreciate your feedback or other suggestions about 1st Money and our Services. However, you understand that you've got no obligation to provide feedback or suggestions. You also understand that we may use your feedback or suggestions without any restriction or obligation to compensate you for them.
• We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer. Our Terms aren't intended to limit such consumer legal rights that may not be waived by contract.
• The headings for sections herein are for convenience only and shall not affect the meaning of the provisions of these Terms.
• To access our Terms in certain other languages, change the language setting for your 1st Money session. If our Terms aren't available in the language you select, we'll default to the English version.
• If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed amended. Such amendment will be to the minimum extent necessary to make it enforceable. If it can't be made enforceable, then it'll be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
  • With the exception, as set forth in the "Special arbitration provision for U.S. Users" section below.

 

Special arbitration provision for U.S. Users

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR U.S. AND CANADA USERS. IF YOU'RE A 1ST MONEY USER LOCATED IN THE U.S., YOU AND WE AGREE TO SUBMIT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION. THIS IS EXCEPT FOR THOSE THAT INVOLVE INTELLECTUAL PROPERTY DISPUTES AND EXCEPT THOSE THAT CAN BE BROUGHT IN SMALL CLAIMS COURT. THIS MEANS YOU WAIVE YOUR RIGHT TO HAVE SUCH DISPUTES RESOLVED IN COURT BY A JUDGE OR JURY. FINALLY, YOU MAY BRING A CLAIM ONLY ON YOUR OWN BEHALF, AND NOT ON BEHALF OF ANY OFFICIAL OR OTHER PERSON, OR CLASS OF PEOPLE. YOU WAIVE YOUR RIGHT TO PARTICIPATE IN, OR HAVE YOUR DISPUTE HEARD AND RESOLVED AS, A CLASS ACTION, A CLASS ARBITRATION, OR A REPRESENTATIVE ACTION.

"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our IP Rights, or efforts to interfere with our Services or engage with our Services in unauthorised ways (for example, automated ways). For clarity and notwithstanding the foregoing, those Disputes arising out of, or in any way connected with your rights of privacy and publicity aren't Excluded Disputes.

Federal Arbitration Act. The U.S. Federal Arbitration Act governs the interpretation and enforcement of this "Special arbitration provision for U.S. Users" section, including any question whether a Dispute between 1st Money, and you're subject to arbitration.

Agreement to arbitrate for 1st Money Users located in the U.S. For 1st Money Users who live in the U.S., 1st Money and you each agree to waive the right to a trial by judge or jury for all Disputes, except for the Excluded Disputes. 1st Money, and you agree that the following Disputes will be resolved through final and binding arbitration. All Disputes (except for the Excluded Disputes), including those relating to, arising out of, or in any way in connection with your rights of privacy and publicity. 1st Money, and you agree not to combine a Dispute that's subject to arbitration under our Terms with a Dispute that isn't eligible for arbitration under our Terms. Before you commence arbitration of a Dispute, you must provide us with a written Notice of Dispute that includes your (a) name; (b) residence address; (c) Username; (d) email address or phone number you use for your 1st Money Account; (e) a detailed description of the dispute; and (f) the relief you seek. Any Notice of Dispute you send to us is to be mailed to:

1st Money
Attn: Arbitration filing
1207 Delaware Ave #1996, Wilmington, DE 19806, USA.

Before we commence arbitration, we'll send you a Notice of Dispute to the email address you provide, or other appropriate means. If we're unable to resolve a dispute in sixty (60) days after the Notice of Dispute is received, you or we may commence arbitration.

The arbitration will be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the "AAA Rules"). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at adr.org. Issues relating to the scope and enforceability of the arbitration provision are for a court to decide. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.

Opt-out procedure. You may opt out of this agreement to arbitrate. If you do so, neither we, nor you, are to require the other to participate in an arbitration proceeding. To opt out, you must notify us in writing postmarked within 30 days of the latter of: (a) the date that you first accepted our Terms; and (b) the date you became subject to this arbitration provision. You must use this address to opt-out:

1st Money
Attn: Arbitration opt-out
1207 Delaware Ave #1996, Wilmington, DE 19806, USA.

You must include: (i) your name and residence address; (ii) the mobile number associated with your Account; and (iii) a clear statement that you want to opt out of our Terms' agreement to arbitrate.

Small claims court. As an alternative to arbitration, if permitted by your local "small claims" court's rules, you may do the following. Bring your Dispute in your local "small claims" court, as long as the matter advances on an individual (non-class) basis.

No class actions, class arbitrations, or representative actions for Users located in the U.S. We and you each agree that if you're a 1st Money User located in the U.S. the following will apply. Each of we and you may bring Disputes against the other only under the following conditions. Only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in the following. (1) A class action. (2) A class-wide arbitration. (3) Disputes brought in a private attorney general or representative capacity, or. (4) Consolidated Disputes involving any other person or entity in connection with any Dispute. If there's a final judicial determination that any particular Dispute can't be arbitrated in accordance with this provision's limitations, the following will apply. Only that Dispute may be brought in court. All other Disputes remain subject to this provision. In the preceding, all Disputes include requests for relief.

Place to file permitted court actions. You agree to be subject to the applicable provision in the "Dispute Resolution" section set forth above, in case of any of the following. (1) If you opt out of the agreement to arbitrate. (2) If your Dispute is an Excluded Dispute, or. (3) If the arbitration agreement is found to be unenforceable.

 

Definitions

References. References to the singular include the plural and vice versa, and references to one gender include any other gender.

Illustrative phrases. Any phrase introduced by the expressions "including", "include", "such as", "for example" or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Priority. Where there's any conflict, any definition given in the main body of the agreement (above) will supersede any definition given below.

The following terms and expressions shall have the following meanings:

Account

Means a combination of credentials (such as Username, Password, and session) and other personal information that's used to access our Services.

Applicable Laws

Means all applicable laws and regulations applicable to you or 1st Money in each case for the time being in force in the relevant jurisdiction.

Associate

Means, with respect to any entity, any other entity directly or indirectly controlling or controlled by, or under direct or indirect common control with such entity.

Confidential Information

Means any documentation, any business or technical information of 1st Money, and any other information that a reasonable person would recognise is confidential or proprietary to 1st Money.

Content

Includes, without limitation, information, data, text, photographs, videos, tutorial videos, audio, written posts / comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible.

IP Rights

Intellectual property rights. Means:

- Any of: trade marks, service marks, slogans, signs, designs, banners, logos, domains, trade dress, icons, copyright and related rights, trade secrets, patents, pending patent applications, trade names (whether registered or unregistered), database rights, knowhow, trade secrets, and Confidential Information;

- All other intellectual property rights and similar or equivalent rights anywhere in the world which currently exist or are recognised in the future; and.

- Applications, extensions, and renewals in relation to any such rights.

Password

Means a password that you or a User selects, which, in combination with the Username, gives access to our Services.

User

Means an employee, consultant, contractor, or individual that's got an Account in our Services. You, and all Administrators are also a User.

Username

Refers to an identification code that you, or a User selects, which in combination with the Password, gives access to our Services.

Your Org

Your organization, company, corporation, business, sole trader establishment, or similar. The entity on whose behalf you're setting up an Account.

Your Org's Users

Everyone Your Org gives access to the Services, including its Administrators and anyone it invites.

Commercial contact

The one person Your Org names to be contacted about its plan, add-ons, and our other services. Their name, telephone number and email address appear on Your Org's billing page.

Free service

A service meeting all three tests under "The free service test". Decided service by service and plan by plan. The same kind of service can be free on one plan and charged for on another.

Your Org's Administrators

Means Your Org's Users who are authorised to act on behalf of Your Org, and who are responsible for the administration and management of our Services in Your Org. Payroll admins are a sub-set of Your Org's Administrators with additional access to payroll data.

Your Org Data

Means data, including email, provided, generated, transmitted or displayed via our Services by Your Org, or Your Org's Users.

AI Features

Means our "Ask AI" and other AI features that use artificial intelligence to allow you to interact with our Services, by voice or by other inputs.

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© 2020–2026 1st Money, Inc. All rights reserved. Last revised 30 Oct 2026. Retrieved 6 Nov 2026.