End User Licence Agreement

About us. We’re Thirdfort and we operate the Thirdfort App (“App”), which allows you to complete identity and funds verification checks quickly, remotely and securely. This App is free to download and use.

Our services. We offer a range of client verification services designed to help professional advisor(s) understand the risks associated with a particular transaction or business relationship. 

Why you are invited to use this App. Your professional advisor(s) has (have) engaged us to provide them with such verification services and requested that you complete the selected verification tasks via our App. 

What happens after you complete the tasks. Once we have completed the verification on the information you provided via the App, we will send the outcome directly to your professional advisor(s). Thirdfort does not make any recommendation as to how the professional advisor(s) receiving the outcome of the verification should act. 

Accessing the App. You can access our services via the App using "passwordless entry". 

How passwordless entry works. Your professional advisor will provide us with your mobile number and we'll send you an SMS verification code each time you want to log into the App. You should keep any codes confidential, as we can’t be responsible for any losses resulting from you sharing them. 

Accuracy and completeness. You should take all reasonable steps to ensure the personal data you provide to us is accurate, complete and provided in a form that we can process. 

Support. If you have any questions, you can check out our FAQs at our Support Hub here (https://help.thirdfort.com/hc/en-gb). For anything else, we’re here to help - just drop us an email at help@thirdfort.com.

Updates. You should always download any new versions/updates to the App, and you may need to accept any new terms before you can carry on using it.

Anti-virus software. We use anti-virus and malicious software prevention on the App. However, we can't guarantee that our services will always be virus-free, so make sure your devices are protected against viruses and malicious software too.

Thirdfort IP. We (or our relevant licensors) own all intellectual property rights in the App and our services (excluding any data that you upload via the App) (”Thirdfort IP”).

Licence. We grant you a personal, non-transferable licence to use Thirdfort IP to download the App, store the App on your device and use our services.

Restrictions. You can’t

• sub-license, share or dispose of your rights to the App, or use it for anyone else's benefit,

• use the App in an unlawful, fraudulent or harmful way,

• send spam or other unwanted communications,

• upload content with viruses or other harmful code, or which you don't have the rights to use,

• reverse engineer or otherwise try to derive the App’s source code or related technology

• scrape, crawl or spider the App, or 

• interfere with the App's operation, place an unreasonable load on it, or otherwise use it in a way that could damage it.

Sharing with your professional advisers. You may share content and other material containing Thirdfort IP with your solicitor, estate agent or other professional adviser, provided that they are one of our clients.

Thirdfort branding. You can't use our "Thirdfort” trade mark, or any of our other brands, logos or trade marks.

Availability. Sometimes you may not be able to access and use our services due to events outside our control, including technical issues or security threats. We’ll let you know as soon as we can and take all steps that we reasonably can to minimise the interruption (but we won’t be responsible to you if that happens). 

Suspension. We can suspend your access to the App and our services without notice, if we suspect that you're using them in breach of this EULA.

No unlawful exclusions. Neither you nor we limit or exclude any liability for:

• death or personal injury caused by negligence,

• fraud or fraudulent misrepresentation, or

• anything else which cannot be lawfully limited or excluded.

What are we liable for. We'll be liable to you for:

• personal injury or death caused by our negligence,

• loss or damage as a result of the App infringing a third party's intellectual property rights, or

• the reasonable cost of repairing or replacing your device or digital content, if they’ve been damaged due to our defective services where we haven’t used reasonable skill and care.

External sites. As we don't have any control over third party websites (”External Sites”) that might be linked from the App or our services, we aren't responsible for and we don't endorse anything on them. You should make your own judgement about them, including their privacy policy and the purchase of any products through them.

Outcome of the verification. Once we have completed the verification, we will send the outcome directly to your professional advisor(s). Thirdfort does not make any recommendation as to how the professional advisor(s) receiving the outcome of the verification should act. If you have concerns relating to the decisions your professional advisor(s) made based on the outcome, please contact them directly. 

About Truelayer. The App incorporates a tool provided by TrueLayer Limited (www.truelayer.com) (”TrueLayer”), which enables you to send bank statements to us via Open Banking. TrueLayer is subject to UK and EU data protection laws and is required to treat your data in accordance with those laws, as well as TrueLayer’s Privacy Policy. TrueLayer Limited is authorised and regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 and the Electronic Money Regulations 2011 (Firm Reference Number: 901096).

Open Banking. Open Banking is a secure way to give trusted third parties access to your financial information. If you opt to provide your bank statements via Open Banking, you’ll be redirected by TrueLayer from the App to your online banking portal where you will be asked to log in. We do not see or store any of your login credentials. Once you are successfully authenticated by your bank, we will get read-only access to your account information.

Privacy. The personal information that you provide to TrueLayer via the App is subject to TrueLayer’s Privacy Policy (https://truelayer.com/privacy/).

Consent. If you are a resident of the United States and you are using any Thirdfort Services powered by Onfido Limited (”Onfido”), you agree that Onfido may collect your personal data  (including biometric identifiers and/or biometric information) for the purpose of providing the Services in accordance with applicable biometric information laws, including the Illinois Biometric Information Privacy Act (”BIPA”). 

Terms. By accepting this EULA, you confirm that you have read, understood and accepted: 

• Onfido Facial Scan Policy and Release: https://developers.onfido.com/guide/onfido-privacy-notices-and-consent; 

• Onfido Privacy Policy: https://onfido.com/privacy/; and

• Onfido Terms of Service: https://onfido.com/terms-of-service/.

As part of our services, we may conduct an address verification check on you with the help of Experian Limited, which may involve your data being processed outside your country of residence. You authorise third parties, which may include your mobile operators, internet service providers, financial institutions, government organisations, and other authoritative data sources, to disclose to your professional advisor(s) requesting the check and its data processing partners data only for the purposes of validating your identity and preventing fraud on your account. You also authorise your professional advisor(s) to disclose this data directly to its data processing partners only for the purposes described above. You also authorise your mobile carrier to disclose your mobile account details for the purpose of verifying your identity. Those details may include your name, address and device details. See our Privacy Policy at https://www.thirdfort.com/privacy/ for how we treat your data.

This EULA will be governed by the laws of England and Wales and the courts of England and Wales have exclusive jurisdiction to settle any disputes in relation to it, unless you are a US resident and the dispute relates to any services powered by Onfido, in which case you agree that any disputes will be resolved by arbitration. 

Acknowledgement. You acknowledge that this EULA is concluded between you and us only, and not with Apple. We, not Apple, are solely responsible for the Thirdfort App and its content. 

Scope of Licence. The licence granted to you is a non-transferable licence to use the Thirdfort App on any Apple-branded Products that you own or control and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the Thirdfort App may be accessed and used by other accounts associated with the purchaser via Family Sharing or volume purchasing. 

Maintenance and Support. You acknowledge that Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Thirdfort App. 

Warranty. In the event we fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Thirdfort App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Thirdfort App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility. 

Product Claims. You acknowledge that we, not Apple, are responsible for addressing any claims raised by you or any third party relating to the Thirdfort App or your possession and/or use of the Thirdfort App, including, but not limited to: 

• product liability claims; 

• any claim that the Thirdfort App fails to conform to any applicable legal or regulatory requirement; and 

• claims arising under consumer protection, privacy, or similar legislation.

Intellectual Property Rights. You acknowledge that, in the event of any third party claim that the Thirdfort App or your possession and use of the Thirdfort App infringes that third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim. 

Legal Compliance. You represent and warrant that you are not:

• located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and

• listed on any U.S. Government list of prohibited or restricted parties. 

Third Party Terms of Agreement. You must comply with any other applicable third party terms of agreement when using the Thirdfort App.

Third Party Beneficiary. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this EULA, and that, upon the your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third party beneficiary.