These master terms of service (together with the documents, information and policies referred to in these master terms of service) ('Master Terms of Service') set out the legal terms that apply to Customer's use of the Mltpl services (which includes the 'Mltpl' and 'Bdgt' platforms ('Platforms') and provision of the Reports (as defined below)), whether operated by Mltpl or on its behalf ('Services'). These Master Terms of Service do not apply to Mltpl's generally available marketing website(s) (e.g. www.mltpl.tech and www.bdgt.report).
Please read these Master Terms of Service carefully. If Customer continues with the registration process, Mltpl will take this as Customer's acceptance of these Master Terms of Service. If accepting these Master Terms of Service on behalf of an entity, you represent that you have the authority to do so.
1.1
Definitions. The following definitions apply in these Master Terms of Service.
'Customer' means the business customer that contracts with Mltpl to use the Services.
'Mltpl' has the meaning set out in clause 2.1.
'Order' means each order for Services as agreed with Mltpl (whether electronically or otherwise).
'Plan' means one of the plans to use certain Services that are offered by Mltpl and as set out on the website from time to time.
'Reports' has the meaning set out in clause 3.2.
'Service Terms' means, in respect of each Service or Plan, the additional terms (as updated from time to time) that are relevant to that Service or Plan.
1.2
Interpretation. Headings have been used to help understand these Master Terms of Service and to easily locate information.
1.3
Framework. These Master Terms of Service are intended to operate as a framework to (amongst other things) enable Customer to access the Services.
1.4
Other terms. These Master Terms of Service refer to the following additional terms, which if they apply, are hereby incorporated:
(a) Orders. If Customer has agreed an Order with Mltpl, it is incorporated into these Master Terms of Service.
(b) Service Terms. Service Terms may apply to Customer's use (if any) of the Services, for example, Service Terms will apply when Customer selects a Plan.
(c) Privacy Policy. Mltpl only uses personal information in accordance with its Privacy Policy. By using the Services, Customer consents to the use of data as described in the Privacy Policy and warrants that all data provided by Customer to Mltpl is accurate.
(d) Acceptable Use Policy. The Acceptable Use Policy applies to Customer's use of the Services.
(e) Data Processing Agreement. The Data Processing Agreement applies if Customer uses the Bdgt Report services.
2.1
Who is Mltpl? Mltpl Technologies Limited ('Mltpl'). Mltpl is a company registered in England and Wales (company number 13004754) with a registered office at 23 Chiltern Drive, Surbiton, KT5 8LP, United Kingdom.
2.2
How to contact Mltpl. Customer can contact Mltpl by writing to info@mltpl.tech.
3.1
Services.
(a) By registering for an account, Customer will have access to the Platforms. Other Services may be purchased or used via the Platforms.
(b) To use some of the Services, Customer may be required to select a Plan.
(c) Customer may access the Services at any time in accordance with these Master Terms of Service. Services may require Customer to accept Service Terms and information, which are hereby incorporated into these Master Terms of Service.
(d) Mltpl will provide the Services as described on its website from time to time, and standard updates to the Services that are made generally available.
(e) Mltpl may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice. Any new features shall be subject to these Master Terms of Service. Customer's continued use of the Services after any changes to the Services shall constitute Customer's consent to such changes.
(f) Mltpl may provide the Services through any of its affiliates.
3.2
Reports. The Platforms enable Customer to run:
(a) different automated reports for an initial indicative valuation estimate or analysis of a UK registered company ('Mltpl Report'); or
(b) a report summarising historical spending from one or more bank accounts ('Bdgt Report'), (together, 'Reports').
3.3
Third Party Sources. The Reports use information and data held by third party sources ('Third Party Sources'). Mltpl is not responsible or liable for the availability or accuracy of such Third-Party Sources, or the content available from such Third-Party Sources.
3.4
Services outside the UK. Mltpl makes no promise that the Services are appropriate or available for use in locations outside of the UK. If Customer chooses to use the Services from locations outside the UK, Customer acknowledges that Customer does so at its own initiative and is responsible for compliance with local laws where they apply.
3.5
Warranties. Customer understands and agrees that the Services are provided "as is" and Mltpl, Mltpl's affiliates and suppliers expressly disclaim all warranties of any kind, express or implied, save that the Services are provided using reasonable care and skill. Other than as set out in these Master Terms of Service all warranties, conditions, terms, undertakings or obligations whether express or implied and including any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law. Unless otherwise specified, Mltpl, Mltpl's affiliates and suppliers make no warranty or representation that the Services shall be uninterrupted or error free. The entire risk arising out of use or performance of the Services remains with Customer. Unless otherwise specified, Mltpl cannot guarantee and do not promise any specific results from use of the Services.
3.6
Indemnity. Customer agrees to indemnify, defend and hold Mltpl harmless, including Mltpl's affiliates, officers, directors, employees, consultants, agents and suppliers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Customer's violation of these Master Terms of Service, including non-or late payment of fees, or the infringement or violation by Customer or any other user of Customer's account of any intellectual property or other right of any person or entity or applicable law.
3.7
Disclaimer and limitation of liability.
(a) Except for any legal responsibility that cannot be excluded in law (such as for death or personal injury) or arising under applicable laws relating to the protection of Customer's personal information, Mltpl shall not be liable to Customer, whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation or otherwise for the following types of loss whether consequential, direct or indirect or howsoever caused for: matters relating to clause 3.8 of these Master Terms of Service; loss or corruption of data or information; loss of anticipated saving; loss of opportunity; and losses that were not caused by any breach on Mltpl's part.
(b) Subject to clause 3.7(a), Mltpl's maximum liability to Customer for all and any claims of whatever nature and whether based on contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in connection with these Master Terms of Service or any activities related to these Master Terms of Service shall be limited to 200% of the aggregate amounts paid or payable to Mltpl in the 12 months period preceding the event or circumstances giving rise to the claim.
3.8
Accuracy of information. Mltpl cannot be responsible for the accuracy of the information that is input into the Platforms or data it receives from the Third Party Sources. To the fullest extent permitted by law, Mltpl does not accept any responsibility or liability arising out of the provision of the Services, and shall not be responsible or liable for any of the following matters:
(a) the inputting of account information by Customer;
(b) Customer's inputting of information in respect of the UK registered company Customer wishes to value or analyse, or other information Mltpl requests in order to provide the Services;
(c) the accuracy, quality and integrity of data retrieved from Third Party Sources;
(d) delays, failures or loss of or damage to data arising from the transfer of data over the internet or other communications networks or facilities; and;
(e) back-ups of Customer's account information or any other data.
4.1
Fees. Mltpl charges the fees that are set out on its website from time to time, unless agreed otherwise in an Order. Unless stated to the contrary, the fees are exclusive of applicable taxes or other charges imposed by law from time to time, and Customer shall in addition pay such applicable taxes and other charges at the rate and in the manner prescribed by law from time to time.
4.2
Promotional offers. Mltpl may, from time to time, offer various promotions or offers. Unless otherwise stated, these Master Terms of Service will continue to apply to such promotion or offer. In respect of any promotion or offer, Mltpl may, in its absolute discretion, end or withdraw the promotion or offer without warning.
4.3
Payment. Customer is responsible for all costs and expenses incurred in relation to Customer's use of the Services. Customer agrees that Mltpl may charge to the credit card or other payment mechanism selected by Customer and approved by Mltpl all amounts due and owing for the Services, including taxes and any other fee or charge associated with Customer's use of the Services. Customer agrees that in the event Mltpl is unable to collect the fees owed to Mltpl for the Services, Mltpl may take any other steps deemed necessary to collect such fees from Customer and that Customer will indemnify Mltpl for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs and attorneys' fees. Customer further agrees that Mltpl may collect compound interest at 10% per month on any amounts not paid when due.
4.4
Changes to prices. Mltpl may change the price of its Plans or the price of the Services from time to time; however, any price changes will apply no earlier than at least 14 days following notice to Customer, or in respect of a Plan with a subscription term, changes shall take place at the end of the current subscription term.
4.5
Auto-renewal. If Customer has subscribed to a Service which auto-renews (as set out on the website from time to time), then unless stated otherwise, or Customer cancels any subscription before the billing date, subscriptions will renew automatically. Customer authorises Mltpl to charge the subscription fee for the next renewal term to the previous payment method.
4.6
Downgrading of account. Customer may downgrade its account but this may cause loss of content or features. Mltpl accepts no liability for such loss.
4.7
Cancellation. Customer may cancel subscription(s) at any time by going to the "Account" page and following the instructions for cancellation. Unless otherwise stated, if Customer cancels, Customer will not be billed for any additional term, and the relevant Services will continue until the end of the current subscription term, and if applicable, Customer will be charged for any Reports ordered between the date of cancellation and the end of the current subscription term. If Customer cancels, Customer will not receive a refund for any Services already paid for.
4.8
Closing the account. The website contains information on how to close an account.
4.9
Termination by Mltpl. If Customer fails to comply with any provision of these Master Terms of Service, Mltpl may terminate access to the relevant Service(s) and/or terminate these Master Terms of Service immediately and retain any fees previously paid. In the event Mltpl terminates these Master Terms of Service for convenience only, Mltpl shall refund Customer the cost of any remaining period under a subscription term or effect termination on the last day of the then-current subscription term.
4.10
Post-termination. Any provision that expressly or by implication is intended to come into or continue in force on or after termination or expiry of these Master Terms of Service shall remain in full force and effect. Upon any termination of these Master Terms of Service, Customer must cease any further use of the Services.
5.1
Customer's use of the Services. Customer may only use the Services pursuant to these Master Terms of Service. Subject to compliance with these Master Terms of Service, Mltpl grants Customer a non-exclusive, non-transferable, personal right to use the Services. Customer is solely responsible for its (and its staff's) use of the Services and shall abide by, and ensure compliance with, all laws in connection with the use of the Services, including but not limited to laws related to intellectual property.
5.2
Master user. The individual entering into these Master Terms of Service: (i) represents and warrants that they have the authority to bind Customer (which can be any type of business); and (ii) will automatically become the 'master user'. The master user has the ability to add and/or remove sub-users from Customer's account.
5.3
Registration information. Customer may be required to provide information to register for and/or use certain Services. Customer agrees that any such information shall be accurate. Users may also be asked to choose a user name and password. Customer is responsible for maintaining the security of user names and passwords and agrees not to disclose such to any third party. If Mltpl has reason to believe there is likely to be a breach of security or misuse of the Services through Customer's account or the use of Customer's password, Mltpl may notify Customer and require Customer to change their password, or Mltpl suspend or terminate Customer's account.
5.4
Access to the Services. Mltpl provides the Services through the website and other contact channels, such as email, and so Customer needs to keep contact details up to date. Mltpl tries to make sure that the Services are accurate, up-to-date and free from bugs, but cannot promise that they will be. Services, content and features may not be available at all times or in all regions.
5.5
Prohibited use. Customer agrees that it will not use the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain unauthorised access to the Services; (ii) use the Services in a way that abuses, interferes with, or disrupts Mltpl's networks, accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions, data, processes, technology, or graphics of the Services; (vi) use the Services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or Mltpl's networks or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or Mltpl's security systems; (ix) use the Services in violation of any of Mltpl's policies or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations, and Customer agrees that it is solely responsible for compliance with all such laws and regulations.
5.6
Limitations on use. Customer must not use any data mining, robots, spiders, or similar data gathering and extraction tools, devices, algorithm, code, process or methodology, whether automated or not, to access, acquire, copy, extract or monitor (whether once or many times) any part of the Services, materials, content, documents or data. This Section should be treated as an express reservation of rights. Nothing in this Section prohibits or restricts any activity which cannot be legally prohibited or restricted.
5.7
Third-Party links. The website may contain links to third-party websites or resources ('Third-Party Services'). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Mltpl is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Mltpl of such Third-Party Services.
5.8
Intended use. The Services are intended for business use only. Customer may choose to use the Services for other purposes, subject to the terms and limitations of these Master Terms of Service and any applicable Service Terms.
6.1
Services. The intellectual property rights on the Platforms and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platforms ('Content') are owned by Mltpl or its licensors (including third party content).
6.2
Customer input data. All intellectual property rights in the data inputted by Customer into the Platforms ('Customer Input Data') shall remain vested in Customer or the relevant third party owner. Customer hereby grants Mltpl a royalty-free, non-transferable, non-exclusive licence to use, copy or otherwise utilise the Customer Input Data to the extent necessary to perform or provide the Services. Any intellectual property rights in data derived from Mltpl's use of the Customer Input Data shall be owned by Mltpl.
6.3
Reports. All intellectual property rights in the content of the Reports shall be owned by Mltpl. Mltpl hereby grants Customer an irrevocable, perpetual, royalty-free, non-transferable, non-exclusive licence to use, copy or otherwise utilise the Reports. The licence to use the Reports shall be subject to full payment in accordance with these Master Terms of Service.
6.4
Feedback. Customer grants to Mltpl a royalty-free, irrevocable, perpetual and non-exclusive licence to use, copy or otherwise utilise any feedback or content Customer sends to Mltpl to the extent necessary to perform or provide the Services and to improve Mltpl's products and Services (including training artificial intelligence and machine learning technologies, improving the Services, operations and systems, and/or combining data with other data sets).
6.5
Legal notices. Nothing in these Master Terms of Service grants Customer any legal rights in the Services or the Content other than as necessary for Customer to access it, except as otherwise expressly stated in these Master Terms of Service. Customer agrees not to adjust, try to circumvent or delete any notices contained on the Platforms (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Services, the Reports or the Content.
7.1
Confidentiality. Each party shall maintain the confidentiality of the other party's confidential information and shall not without the prior written consent of the other use, disclose, copy or modify the other party's confidential information (or permit others to do so) other than as necessary for the exercise of its rights and performance of its obligations under these Master Terms of Service or as required by law, a court or other authority of competent jurisdiction. Confidential information does not include information in the public knowledge or already known to such party at the time of disclosure, or subsequently becomes public knowledge other than by breach of these Master Terms of Service, or subsequently comes lawfully into the possession of such party from a third party.
7.2
Reports. The Reports may contain confidential or privileged information. Mltpl accepts that Customer may wish to disclose the Reports to third parties for various purposes, such as sharing the contents with professional advisors. On this basis, to the extent the Reports contain Mltpl's confidential information, Mltpl hereby agrees that the provisions of clause 7.1 shall not apply to Customer.
8.1
Updates to these Master Terms of Service. Mltpl may change or supplement these Master Terms of Service or any Service Terms from time to time, at its sole discretion. Where Mltpl does so, it will use commercially reasonable business efforts to provide notice of any such changes. Within 14 days of posting changes (or 14 days from the date of notice, if such notice is provided), they will be binding. If Customer does not agree with the changes, Customer must not use the Services. If Customer continues to use the Services after such 14 day period, Customer will be deemed to have accepted the changes.
8.2
Marketing. Customer agrees that Mltpl may use Customer's name and trade marks for promotional or marketing purposes.
8.3
Assignment and other dealings. Mltpl may at any time transfer (by way of assignment or novation) these Master Terms of Service to any of its group companies upon written notification or general notice on its website (and Customer consents to any such transfer). Mltpl may also assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of Mltpl's rights and obligations under these Master Terms of Service.
8.4
Severability. Each of the sections and paragraphs of these Master Terms of Service operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections and paragraphs will remain in full force and effect.
8.5
Waiver. If Customer breaches these Master Terms of Service and Mltpl takes no action, or if Mltpl delays in taking action, that does not mean that Mltpl has waived its rights and shall be entitled to exercise its rights and remedies. If Mltpl does waive a breach by Customer, Mltpl will only do so in writing (signed by one of Mltpl's Directors), and that shall not mean that Mltpl will automatically waive any later breach by Customer.
8.6
Events outside of Mltpl's control. Mltpl shall not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations to Customer if such failure or delay is caused by an event outside of Mltpl's control. An event outside of Mltpl's control means any act or event beyond Mltpl's reasonable control such as the actions of third party suppliers, act(s) of God, wars, terrorist attacks, embargos, riots, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, pandemics, epidemics, Government action or failure of public or private telecommunications or transport networks. If such an event takes place and it affects the performance of obligations: (i) Mltpl will contact Customer as soon as reasonably possible to notify Customer; and (ii) Mltpl's obligations will be suspended for the duration of the event.
8.7
Complaints. Mltpl operates a complaints handling procedure that will be used to try to resolve disputes when they first arise, please let Mltpl know if Customer has any complaints or comments. Please see the website for details of how to get in touch with Mltpl.
8.8
Governing law and jurisdiction. Anything related to Customer's use of the Services or these Master Terms of Service are governed by English law. To the fullest extent permitted by law, the courts of England shall have the exclusive jurisdiction over any dispute or claim relating to these Master Terms of Service.
8.9
Entire agreement. These Master Terms of Service constitute the entire agreement between Customer and Mltpl and they supersede any and all earlier agreements between Customer and Mltpl.
These service terms ('Bdgt Report Service Terms') set out the legal terms that apply to Customer's use of the Bdgt Reports.
Capitalised terms used but not defined shall have the respective meanings given to them in the Master Terms of Service.
1.1
Bdgt Report. The Bdgt Report enables Customer to run a report summarising historical spending from one or more bank accounts or credit cards.
1.2
Disclaimer and limitation of liability. The Bdgt Report is produced by compiling information from Third Party Sources. Customer assumes sole responsibility for results obtained from the use of the Services, and for reliance on or conclusions drawn from such use and Mltpl shall have no liability to Customer in this respect, including reliance on the Reports for decision making purposes. Mltpl shall have no liability for any damage or losses caused by errors or omissions in any information, instructions or scripts provided to Mltpl by Customer, from Third Party Sources or by other third parties in connection with the Services.
Open banking. Mltpl uses an 'Account Information Service Provider' to access and display historical bank account or credit card transaction information only when the holder of that bank account or credit card gives its bank explicit consent to allow Customer access to that information. The consent is managed in the Platform via connections to the bank account or credit card holder's bank/payment institution (and such consent can be withdrawn and accounts unliked at any time). This 'Open Banking' connection is a regulated service, provided by Mltpl as an agent of Plaid Financial Ltd ('Plaid'), an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 804718). Plaid provides Customer with regulated account information services through Mltpl as its agent. Plaid's terms and conditions can be found here.
Plans. Customers can purchase Bdgt Reports based on the Plans set out on the website from time to time.