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1st Money Terms of Service

Hi! You're reading 1st Money's Terms of Service. This is the contract between you and 1st Money when you use 1st Money's site, services, and products.

We've tried to make this as clear and straightforward as possible. You should read this carefully before you use 1st Money. If you have any questions or suggestions, feel free to contact 1st Money's FREE support ... Mon-Fri, 9 am to 5 pm, UK time.



Terms of Service for: "UK, or EEA region"
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If you DO live in the UK, or EEA region, 1st Money Platform (HU) Ventures, 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 all other countries".

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 Platform (HU) Ventures, or other members in the "1st Money Companies Group" ("1st Money", "we", "us", or "our") provides the services described below to you ("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 may provide a convenient platform that enables you to send and receive money to or from other Users across our platform. 1st Money works with partners, service providers, and Associated companies to help us provide ways for you to connect with their services.
  • Communicating with businesses. We provide, and always strive to improve, ways for you and businesses and other organisations, to communicate with each other using our Services. Our Services include payroll, HR services, work attendance, expense management, time off management, accounting, tax reporting, recruitment, marketing, savings related services, including recommendations, and mortgage related services, including brokering.
  • Enabling access to our Services. To operate our global Services, we store and distribute Content and information in data centers and systems around the world. This includes outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This 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 be able to 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.
  • 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:
  • 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 products may be unavailable if you're younger than the "age of majority".

If you live in a country or territory in the UK, or EEA region, you must be:

  • At least 16 years old to use our Services, or;
  • Such age as required in your country or territory for you to be employed.

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.

Fees and taxes. You're responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

 

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 ensure 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 ensure 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.

Communications. Our Services send automated emails or notifications for purposes such as reporting and management which each User may individually opt out of. In addition, you and Your Org's Users agree to receive communications as email, SMS message, or phone calls from 1st Money. This includes, but isn't limited to, support, training, surveys, promotional resources, newsletters and other communications, except where you or Your Org's Users have opted out of such communications. You acknowledge that email addresses and telephone numbers stored in 1st Money may be used for communications. You also acknowledge that some communications may not be opted out of.

 

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.

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, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive.
  • Instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm.
  • Involve publishing falsehoods, misrepresentations, or misleading statements.
  • Impersonate someone.
  • Involve sending illegal or impermissible communications, and the like.
  • Involve any non-personal use of our Services unless otherwise authorised by us.

Harm to 1st Money or our Users. You mustn't (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sub-license, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our Users, or others. This includes that you mustn't directly or through automated means:

  • 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.
  • Distribute or make our Services available over a network where they could be used by multiple devices at the same time. Such distribution is excepted where it's authorised through tools we've expressly provided via our Services.
  • 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.

 

Our Services may allow you to access, use, or interact with third-party websites, apps, Content, other products and services, and 1st Money Company Products. For example, you may choose to use third-party accounting or banking services that are integrated with our Services. Please note that these Terms, and our Privacy Notice apply only to the use of our Services. When you use third-party products or services, their own terms and privacy policies will govern your use of those products or services.

 

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.

1st Money's rights. We own all IP Rights associated with our Services. You may not use our IP Rights unless you have our express permission and except in accordance with our Brand book. You may use the trademarks 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. 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, sub-licensable, and transferable licence. This licence is to use, reproduce, distribute, create derivative works of, display, and perform the 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. This includes such rights as to allow us to display your portrait picture, transmit your messages, and store your undelivered messages on our servers for up to 30 days as we try to deliver them.

 

To report claims of third-party copyright, trademark, 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.

We don't guarantee that any Content will be made available on our Services. We reserve the right to, but don't have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we're concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from our Services.

1st Money doesn't undertake to review all material before it's posted on our Services, and can't ensure prompt removal of objectionable material after it's posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any User or third party. In the unlikely event we receive a disclosure request from an authorised party, we reserve the right to disclose User information when required to do so by the law. This includes in response to a law enforcement request supported by a valid court order. You waive and hold harmless 1st Money from any claims resulting from any action taken by 1st Money during or as a result of its investigations. You also waive and hold harmless 1st Money from any actions taken as a consequence of investigations by either 1st Money or law enforcement authorities.

 

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 HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE 1ST MONEY PARTIES AREN'T MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OR TERRITORY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DON'T PERMIT IT.

 

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.

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 accountant-client relationship is established. Make sure you consult with a licensed accountant in Your area to examine the details of Your specific situation.

1st Money is only liable to the following extent:

  • 1st Money is liable without limitation in accordance with the statutory provisions for damages resulting from injury to life, body or health; in the case of intent; in the case of gross negligence; and in accordance with the Product Liability Directive.

  • 1st Money will exercise professional diligence in providing our Services to you. Provided that we've acted with professional diligence, 1st Money doesn't accept responsibility for:

    • Losses not caused by our breach of these Terms or otherwise by our acts.
    • Losses that aren't reasonably foreseeable by you and us at the time of entering into these Terms.
    • Events beyond our reasonable control.
 

Forum and venue. If you're a consumer and habitually reside in a country or territory within the UK, or EEA region, the laws of your country or territory will apply to any Claim you have 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. In all other cases, you agree that the Claim must be resolved in a competent court that's got jurisdiction over the domicile of the group Associate (listed below) to which you're directing your Claim. If in doubt, you should direct your Claim to "1st Money Platform (HU) Ventures". In all other cases, you also agree that the laws of Hungary will govern these Terms and any Claim, without regard to conflict of law provisions.

Group Associate Domicile     Competent court
1st Money Platform (HU) Ventures Hungary Pest Central District Court
1st Money Mortgage Broker (GB) Ventures     UK Central London County Court
 

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.

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 and operability 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 if the terminating party can't reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiry of a notice period because of actions of violation. 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 within 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 fulfill 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 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: [email protected]

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

 

Automatically transacted payments includes payslip payments (direct deposits), federal taxes, state taxes, other taxes, voluntary deductions, expense payments, loan payments, savings deposits, garnishments, attachments of earnings, transaction fees, service charges, 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 payments funded by withdrawal from Your Org's connected bank account, in advance of an onward payment (e.g., payslip payments, direct deposits, federal taxes, state taxes, other taxes, voluntary deductions, expense payments, loan payments, garnishments, attachments of earnings, etc), will be withdrawn at least three working days before the payment due date, and are deemed to be accompanied by a payment order for onward transfer.

To ensure (a) all parts of a payroll payment are handled as a complete unit, and (b) to avoid the chance of partial insufficient funds, all additional payments associated with a given payday payment (e.g., federal taxes, state taxes, other taxes, voluntary deductions, expense payments, loan payments, garnishments, attachments of earnings, etc) will be withdrawn at the same time as the payslip payment withdrawl.

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; and (c) the funds aren't covered by the Financial Services Compensation Scheme (FSCS).

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 currently transacts payments for $0.77 each. You acknowledge that 1st Money may change this payments service charge at some future date. You'll be given at least 30 days notice for any such change. This payments 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 PERG 8.4.34. As such, Your Org, as the employer, authorise 1st Money, as allowed by law, certain privileged communications. These privileged communications include to communicate directly with Your Org's Users, as the employees, about deposits, mortgages, and other controlled investments.

The provision of the service (Services) by the firm (1st Money) to the client (Your Org, and Your Org's Users) isn't biased or distorted as a result of the ... non-monetary benefit (of free or discounted Services) COBS 2.3A.8.1.d. As such, free or discounted Services aren't considered remuneration.

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. Usage of our Services may be subject to credit approval by 1st Money. You hereby authorise 1st Money to request and obtain reasonable credit information regarding yourself or Your Org.

 

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 have 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 ensure 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 payroll records for three years gov.uk, and accounting records for six years gov.uk.

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

Security. You'll, and shall ensure Your Org's Users will, take all necessary steps to ensure the security of the Username and Password of Accounts at all times. If you suspect that any Account or Password has been shared in breach of these Terms, then you'll ensure that such Password is immediately changed in order to protect the Account. This includes where any Account or Password has become known to anyone other than the User to whom the Password has been allocated. It's Your responsibility to ensure that Your Org's Users don't respond to any unsolicited requests for payment details, Passwords, or other data. Neither 1st Money, nor its officers, employees or Associates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss arising from or relating to any failure by you, or Your Org's Users to comply with this paragraph. Users are responsible for maintaining the confidentiality of their Account.

Your Org's Administrators. You and Your Org's Administrators may appoint some of Your Org's Users to become Your Org's Administrators. Your Org's Administrators are responsible for the administration and management of our Services within Your Org. You'll procure that all of Your Org's Administrators read, agree to and comply with these Terms. You'll be responsible for any breach of these Terms by Your Org's Administrators. If you're one of Your Org's Administrators, creating or managing Accounts, but not entering into these Terms on behalf of a legally incorporated entity, or you aren't authorised to represent or act on behalf of such entity, then you'll be in breach of these Terms. In such case, you'll be personally liable for such breach and any other breach of these Terms, and for any acts and omissions by any 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. Within Your Org you'll, at Your own expense, respond to questions and complaints from Your Org's Users or third-parties relating to Your Org's, or Your Org's Users' use of our Services. 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, accountants, or other advisors.

Warranty. You represent and warrant that you'll (and shall ensure 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 because our Services aren't allowed in the country or countries in which you or Your Org's Users are located, you'll not use them. You'll also not allow Your Org's Users to use them.

 

Users may access Your Org Data via an API (Application Program Interface). 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:

You expressly understand and agree that 1st Money shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 1st Money has been advised of the possibility of such damages), resulting from Your use of the API or third party products that access data via the API.

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.

1st Money reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof). This may be with or without notice.

 
  • 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 products 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 ensure 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 automatically:

    • To make the Terms easier to understand for you.
    • To reflect changes in security design or technology at no increased cost to you.
    • To ensure we're being fair to all our customers.
    • 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.

  • 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 must stop using our Services by deleting your Account. 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 or 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, or 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 have no obligation to provide feedback or suggestions and 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 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.

 

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 and Password) 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, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible.
IP Rights
Intellectual property rights. Means:
- Any of: trademarks, 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 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 within Your Org.
Your Org Data
Means data, including email, provided, generated, transmitted or displayed via our Services by Your Org, or Your Org's Users.

© Copyright 2020–2021 1st Money Platform (HU) Ventures. All rights reserved. Last revised 2 Jul, 2020. Retrieved 3 Aug, 2021.












Terms of Service for: "all other countries"
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If you DON'T live in the UK, or EEA region, 1st Money Platform (HU) Ventures, or other Associates in the "1st Money Companies Group", provides our Services to you under this "Terms of Service for all other countries" and: "Privacy Notice for 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 Platform (HU) Ventures, or other members in the "1st Money Companies Group" ("1st Money", "we", "us", or "our") provides the services described below to you ("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 may provide a convenient platform that enables you to send and receive money to or from other Users across our platform. 1st Money works with partners, service providers, and Associated companies to help us provide ways for you to connect with their services.
  • Communicating with businesses. We provide, and always strive to improve, ways for you and businesses and other organisations, to communicate with each other using our Services. Our Services include payroll, HR services, work attendance, expense management, time off management, accounting, tax reporting, recruitment, marketing, savings related services, including recommendations, and mortgage related services, including brokering.
  • Enabling access to our Services. To operate our global Services, we store and distribute Content and information in data centers and systems around the world. This includes outside your country of residence. The use of this global infrastructure is necessary and essential to provide our Services. This 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 be able to 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.
  • 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:
  • Learn more. Learn more about the 1st Money Companies Group here.

IF YOU'RE A 1ST MONEY USER LOCATED IN THE UNITED STATES OR CANADA, OUR TERMS CONTAIN A BINDING ARBITRATION PROVISION, WHICH 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, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. PLEASE READ THE "SPECIAL ARBITRATION PROVISION FOR UNITED STATES OR CANADA 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 products may be unavailable if you're younger than the "age of majority".

If you live in any other country or territory except those in the UK, or EEA region, you must be at least 13 years old to register for and use our Services (or such age as required in your country or territory for you to be employed).

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.

Fees and taxes. You're responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services.

 

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 ensure 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 ensure 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.

Communications. Our Services send automated emails or notifications for purposes such as reporting and management which each User may individually opt out of. In addition, you and Your Org's Users agree to receive communications as email, SMS message, or phone calls from 1st Money. This includes, but isn't limited to, support, training, surveys, promotional resources, newsletters and other communications, except where you or Your Org's Users have opted out of such communications. You acknowledge that email addresses and telephone numbers stored in 1st Money may be used for communications. You also acknowledge that some communications may not be opted out of.

 

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.

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, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive.
  • Instigate or encourage conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm.
  • Involve publishing falsehoods, misrepresentations, or misleading statements.
  • Impersonate someone.
  • Involve sending illegal or impermissible communications, and the like.
  • Involve any non-personal use of our Services unless otherwise authorised by us.

Harm to 1st Money or our Users. You mustn't (or assist others to) directly, indirectly, through automated or other means, access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sub-license, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorised manners, or in ways that burden, impair, or harm us, our Services, systems, our Users, or others. This includes that you mustn't directly or through automated means:

  • 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.
  • Distribute or make our Services available over a network where they could be used by multiple devices at the same time. Such distribution is excepted where it's authorised through tools we've expressly provided via our Services.
  • 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.

 

Our Services may allow you to access, use, or interact with third-party websites, apps, Content, other products and services, and 1st Money Company Products. For example, you may choose to use third-party accounting or banking services that are integrated with our Services. Please note that these Terms, and our Privacy Notice apply only to the use of our Services. When you use third-party products or services, their own terms and privacy policies will govern your use of those products or services.

 

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.

1st Money's rights. We own all IP Rights associated with our Services. You may not use our IP Rights unless you have our express permission and except in accordance with our Brand book. You may use the trademarks 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. 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, sub-licensable, and transferable licence. This licence is to use, reproduce, distribute, create derivative works of, display, and perform the 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. This includes such rights as to allow us to display your portrait picture, transmit your messages, and store your undelivered messages on our servers for up to 30 days as we try to deliver them.

 

To report claims of third-party copyright, trademark, 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.

We don't guarantee that any Content will be made available on our Services. We reserve the right to, but don't have any obligation to, (i) remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third-parties or authorities relating to such Content or if we're concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from our Services.

1st Money doesn't undertake to review all material before it's posted on our Services, and can't ensure prompt removal of objectionable material after it's posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any User or third party. In the unlikely event we receive a disclosure request from an authorised party, we reserve the right to disclose User information when required to do so by the law. This includes in response to a law enforcement request supported by a valid court order. You waive and hold harmless 1st Money from any claims resulting from any action taken by 1st Money during or as a result of its investigations. You also waive and hold harmless 1st Money from any actions taken as a consequence of investigations by either 1st Money or law enforcement authorities.

 

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 HAVE AGAINST ANY THIRD-PARTIES. YOUR RIGHTS WITH RESPECT TO THE 1ST MONEY PARTIES AREN'T MODIFIED BY THE FOREGOING DISCLAIMER 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 UNITED STATES 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 THAT: A GENERAL RELEASE DOESN'T EXTEND TO 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, AND THAT IF KNOWN BY HIM OR HER WOULD'VE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.

 

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.

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 accountant-client relationship is established. Make sure you consult with a licensed accountant in Your area to examine the details of Your specific situation.

THE 1ST MONEY PARTIES WON'T BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF THE 1ST MONEY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WON'T EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE 1ST MONEY PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

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'll, to the maximum extent permitted by applicable law, indemnify, and hold the 1st Money Parties harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way 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. 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 laws of your country or territory of residence, applicable as a result of your use of our Services, don't permit it.

 

Forum and venue. If you're a 1st Money User located in the United States or Canada, the "Special arbitration provision for United States or Canada Users" section below applies to you. Please also read that section carefully and completely. If you aren't subject to the "Special arbitration provision for United States or Canada Users" section below, you agree that any claim or cause of action you have against 1st Money relating to, arising out of, or in any way in connection with our Terms or our Services, and for any claim or cause of action that 1st Money files against you, you and 1st Money agree that any such claim or cause of action (each, a "Dispute," and together, "Disputes") must be resolved in a competent court that's got jurisdiction over the domicile of the group Associate (listed below) to which you're directing your claim. If in doubt, you should direct your claim to "1st Money Platform (HU) Ventures". 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 Hungary 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 to resolve any Dispute we've got with you that isn't subject to arbitration in any competent court in the country in which you reside that's got jurisdiction over the Dispute.

Group Associate Domicile     Competent court
1st Money Platform (HU) Ventures Hungary Pest Central District Court
1st Money Mortgage Broker (AU) Ventures     Australia Downing Centre Local & District Court

Governing law. The laws of the country of Hungary 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 HAVE TO BRING A CLAIM OR DISPUTE, INCLUDING 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 for the Excluded Disputes defined below) we and you must bring Claims (including commencing an arbitration proceeding) within one year after the Dispute first arose; 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, then the arbitration will be dismissed because it was started too late.

See below: Special arbitration provision for United States or Canada Users

 

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.

These may be discontinued at any time.

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: [email protected]

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

The provisions "Indemnification" and "Special arbitration provision for United States or Canada Users" will also survive any termination of your relationship with 1st Money.

 

Automatically transacted payments includes payslip payments (direct deposits), federal taxes, state taxes, other taxes, voluntary deductions, expense payments, loan payments, savings deposits, garnishments, attachments of earnings, transaction fees, service charges, 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 payments funded by withdrawal from Your Org's connected bank account, in advance of an onward payment (e.g., payslip payments, direct deposits, federal taxes, state taxes, other taxes, voluntary deductions, expense payments, loan payments, garnishments, attachments of earnings, etc), will be withdrawn at least three working days before the payment due date, and are deemed to be accompanied by a payment order for onward transfer.

To ensure (a) all parts of a payroll payment are handled as a complete unit, and (b) to avoid the chance of partial insufficient funds, all additional payments associated with a given payday payment (e.g., federal taxes, state taxes, other taxes, voluntary deductions, expense payments, loan payments, garnishments, attachments of earnings, etc) will be withdrawn at the same time as the payslip payment withdrawl.

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; and (c) the funds aren't covered by the Financial Services Compensation Scheme (FSCS).

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 currently transacts payments for $0.77 each. You acknowledge that 1st Money may change this payments service charge at some future date. You'll be given at least 30 days notice for any such change. This payments 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 PERG 8.4.34. As such, Your Org, as the employer, authorise 1st Money, as allowed by law, certain privileged communications. These privileged communications include to communicate directly with Your Org's Users, as the employees, about deposits, mortgages, and other controlled investments.

The provision of the service (Services) by the firm (1st Money) to the client (Your Org, and Your Org's Users) isn't biased or distorted as a result of the ... non-monetary benefit (of free or discounted Services) COBS 2.3A.8.1.d. As such, free or discounted Services aren't considered remuneration.

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. Usage of our Services may be subject to credit approval by 1st Money. You hereby authorise 1st Money to request and obtain reasonable credit information regarding yourself or Your Org.

 

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 have 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 ensure 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.

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

Security. You'll, and shall ensure Your Org's Users will, take all necessary steps to ensure the security of the Username and Password of Accounts at all times. If you suspect that any Account or Password has been shared in breach of these Terms, then you'll ensure that such Password is immediately changed in order to protect the Account. This includes where any Account or Password has become known to anyone other than the User to whom the Password has been allocated. It's Your responsibility to ensure that Your Org's Users don't respond to any unsolicited requests for payment details, Passwords, or other data. Neither 1st Money, nor its officers, employees or Associates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss arising from or relating to any failure by you, or Your Org's Users to comply with this paragraph. Users are responsible for maintaining the confidentiality of their Account.

Your Org's Administrators. You and Your Org's Administrators may appoint some of Your Org's Users to become Your Org's Administrators. Your Org's Administrators are responsible for the administration and management of our Services within Your Org. You'll procure that all of Your Org's Administrators read, agree to and comply with these Terms. You'll be responsible for any breach of these Terms by Your Org's Administrators. If you're one of Your Org's Administrators, creating or managing Accounts, but not entering into these Terms on behalf of a legally incorporated entity, or you aren't authorised to represent or act on behalf of such entity, then you'll be in breach of these Terms. In such case, you'll be personally liable for such breach and any other breach of these Terms, and for any acts and omissions by any 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. Within Your Org you'll, at Your own expense, respond to questions and complaints from Your Org's Users or third-parties relating to Your Org's, or Your Org's Users' use of our Services. 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, accountants, or other advisors.

Warranty. You represent and warrant that you'll (and shall ensure 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 because our Services aren't allowed in the country or countries in which you or Your Org's Users are located, you'll not use them. You'll also not allow Your Org's Users to use them.

 

Users may access Your Org Data via an API (Application Program Interface). 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:

You expressly understand and agree that 1st Money shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if 1st Money has been advised of the possibility of such damages), resulting from Your use of the API or third party products that access data via the API.

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.

1st Money reserves the right at any time to modify or discontinue, temporarily or permanently, Your access to the API (or any part thereof). This may be with or without notice.

 
  • 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 provide you notice of material amendments to our Terms, as appropriate. Your continued use of our Services 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 automatically:

    • To make the Terms easier to understand for you.
    • To reflect changes in security design or technology at no increased cost to you.
    • To ensure we're being fair to all our customers.
    • 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.

  • 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 must stop using our Services by deleting your Account. 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 or 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, or 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 have no obligation to provide feedback or suggestions and 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 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 United States or Canada Users" section below.
 

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT CONTAINS ADDITIONAL PROVISIONS APPLICABLE ONLY TO OUR UNITED STATES AND CANADA USERS. IF YOU'RE A 1ST MONEY USER LOCATED IN THE UNITED STATES OR CANADA, YOU AND WE AGREE TO SUBMIT ALL DISPUTES TO BINDING INDIVIDUAL ARBITRATION, 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 relating to, arising out of, or in any way in connection with your rights of privacy and publicity aren't Excluded Disputes.

Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this "Special arbitration provision for United States or Canada 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 United States or Canada. For 1st Money Users who live in the United States or Canada, 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 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, will be resolved through final and binding arbitration. 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
Wesselényi utca 8, 1077, Budapest, Hungary

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 within 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 later 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
Wesselényi utca 8, 1077, Budapest, Hungary

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 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 United States or Canada. We and you each agree that if you're a 1st Money User located in the United States or Canada, each of we and you may bring Disputes against the other 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 a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute. If there's a final judicial determination that any particular Dispute (or a request for particular relief) can't be arbitrated in accordance with this provision's limitations, then only that Dispute (or only that request for relief) may be brought in court. All other Disputes (or requests for relief) remain subject to this provision.

Place to file permitted court actions. If you opt out of the agreement to arbitrate, if your Dispute is an Excluded Dispute, or if the arbitration agreement is found to be unenforceable, you agree to be subject to the applicable provision in the "Dispute Resolution" section set forth above.

 

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 and Password) 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, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible.
IP Rights
Intellectual property rights. Means:
- Any of: trademarks, 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 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 within Your Org.
Your Org Data
Means data, including email, provided, generated, transmitted or displayed via our Services by Your Org, or Your Org's Users.

© Copyright 2020–2021 1st Money Platform (HU) Ventures. All rights reserved. Last revised 2 Jul, 2020. Retrieved 3 Aug, 2021.










© 2020–2021 1st Money Platform (HU) Ventures. All rights reserved.
www.1st.money/terms