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Terms & Conditions

This policy was last updated on: 19/1/2024.

 

1. Introduction

1.1 By using the Spot app (‘App’) and our Services you agree to these legal terms (‘Terms’) applying between you and Spot Payments Limited (‘Spot/us/we’) in relation to your use of our Services and that English law and courts will apply. These Terms are made in the English language. Please read these Terms carefully and contact us if anything is unclear.

 

1.2 Under these Terms we will provide you with a Spot account for your own use, and your use only.

 

2. Who are we and how to contact us

2.1 The App and the Services are operated and managed by Spot, which is registered in England and Wales with its registered office at: Spot Payments Limited, 35 Ballards Lane, London, United Kingdom, N3 1XW and company number 13762907.


2.2 You can contact us by:

  • WhatsApp on +447778276897

  • Email at support@spot-app.co.uk

  • Sending a letter to us at Spot Payments Limited, 35 Ballards Lane, London, United Kingdom, N3 1XW

 

2.3 We’ll contact you via the App or using the contact details (phone and email) that you provided when you registered – please keep these up to date in the App. By using the App, you agree to receive electronic communications from us. If we have reasonable concerns either about the security of your Spot account, or any suspected or actual fraudulent use of Spot’s services, we will contact you via telephone, email, or both (unless contacting you would be unlawful or compromise our reasonable security measures).

 

2.4 The following additional documents also apply to your use of our Services and should be read in conjunction with these Terms:                                                                                                         

  • Spot’s privacy policy – we are committed to protecting and respecting your privacy. Our privacy policy explains how we will store, use and share your Personal Data and how you can control and delete it.

 

You can always see the most current version of all policies on our website: www.spot-app.co.uk

 

3. Who can have a Spot account?

3.1 You must be at least 16 years old and resident in the UK to have a Spot account. By downloading the App and registering for the Spot account you confirm that you are 16 or older and have the right to be in the UK.

 

3.2 If we request it, you agree to promptly furnish evidence of your funding sources. It is essential that you consistently provide us with complete, accurate, and current information. Failure to do so absolves us of any responsibility for any resulting losses. By agreeing to these terms, you authorize us, either directly or through a third party, to perform any necessary inquiries to validate the information you provide, which may include checking commercial databases or credit reports.

 

3.3 Having multiple Spot accounts is not permitted. If it comes to our attention that you possess multiple Spot accounts, we reserve the right to either merge or close any duplicate accounts, or alternatively, terminate all of your accounts if we have a reasonable belief that you have created them with the intention of circumventing any restrictions within the Services.

 

3.4 Your Spot account is exclusively intended for your personal use, and it is prohibited to utilize it on behalf of any other individual or legal entity. Additionally, you must not permit any other person to operate your Spot account on your behalf. If we have reasonable grounds to suspect that your Spot account is being used for third-party or business transactions, we reserve the right to close your account.

 

4. Using your spot account

4.1 You can use your Spot account to:

 

  • Link a UK bank account

  • Send payment links

  • Record and calculate group expenses

  • Send payments and requests, that are paid by your linked bank account

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4.2 Spot does not directly hold or process any of your money. Spot does not issue or hold electronic money, or provide payment services.

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5. Changes to these terms

5.1 We may change these Terms at any time. You will be considered to have accepted the proposed changes if you do not terminate these Terms by cancelling your account within the App, or by giving us written notice within a one (1) month written notice period.

 

5.2 Immediate changes. We may also make some changes immediately, without notice, if they:

 

  • are required by law (we’ll give you as much notice as reasonably possible).

  • relate to the addition of a new service or extra functionality of the App.

  • are in relation to transaction limits or security of accounts and/or payments.

 

5.3 If you don’t agree to changes you should stop using the App. If you keep using the App from the effective date of any new terms, we will consider you have accepted the change.

 

6. Account fees

6.1 The App is free to download, and Spot does not charge fees for the general use of the Spot account.

 

7. Connecting your personal bank accounts

7.1 After registering, Users will be prompted within Spot to link their bank account. Bank account connections are established via an AIS API call with the Consumer's banking app, leveraging Yapily's Open Banking license.

 

7.2 By using the service, you agree to Yapily Connect accessing your bank data, the Terms & Conditions and Privacy Notice.

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8. Making payments

8.1 Whilst payments are facilitated through Spot (via Links or QR codes or the Platform) Spot do not process any payments. All payments are processed via the use of Open Banking and Yapily (https://www.yapily.com.) All payment transactions are processed using your own banking app.

 

8.2 In the event of a declined transaction or any other complications, such as duplicate or fraudulent activities, it is essential to promptly reach out to your bank.

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8.3 Transactions initiated through the Platform are subject to standard security checks conducted by the respective banks. Exercise caution while engaging in transactions with familiar Merchants or individuals. Merchants should verify the authenticity of Consumers. Spot bears no responsibility for:

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  • Consequences arising from reliance on content presented via the Platform.

  • Your interactions with third parties, including the PISP, your bank, and other service providers facilitated through our Platform.

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8.4 By using the service, you agree to Yapily Connect initiating payments, the Terms & Conditions and Privacy Notice.

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9. Keep your account safe

9.1 Please ensure the security of your Spot account by taking the necessary precautions. It is vital to keep your device and the passcode associated with your Spot account safe and secure. Refrain from writing down or disclosing your PIN or passcode to anyone, and prevent unauthorized access to your Spot account by not allowing others to utilize it.

 

9.2 Compromised account. Contact us if you suspect your Spot account may be compromised via WhatsApp (+447778276897) or email (support@spot-app.co.uk).

 

9.3 All of your transactions are displayed in the App in the activity section of your Spot account. You must contact us immediately if you see transactions that you don’t recognise or that look wrong. We might be able to refund money you have lost if the transaction is due to our mistake, fraud, or errors with your transaction.

 

9.4 You must not misuse our App:

 

  • don't try to access the App using a method other than the interface and the instructions that we provide, for example by using automated means without our permission (including harvesting bots, robots, spiders, or scrapers);

  • don't do anything that could disrupt, disable, overburden, or damage the App; and

  • don't upload viruses or other malicious code.

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10. Your limited licence to use the app
10.1 Our Services, including the App, encompass valuable software, technology, confidential information, and other content that are safeguarded by intellectual property rights and various laws. We grant you a personal, revocable, non-transferable, non-sublicensable, and non-exclusive license to utilize the App solely for the purpose of accessing our Services. It is essential that you abide by these Terms, as well as any relevant regulations imposed by the app store provider or operator (such as the App Store and Google Play).

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10.2 We retain full ownership of the App. You do not possess any rights to our Services, including the App, apart from the authorized usage granted in section 10.1. Unless expressly permitted by law or by Spot, you are prohibited from utilizing, distributing, reproducing, modifying, copying, adapting, publishing, translating, creating derivative works from, transferring, loaning, renting, selling, publicly performing, or publicly displaying any portion of our App, Services, or the accompanying platform or software. Additionally, you are not permitted to reverse engineer, decompile, disassemble, or attempt to extract the source code of the platform or software.

 

11. About the app

11.1 Software updates for the App may be issued through App Store or Google Play from time to time. In some cases (for example if there are security risks), you and may not be able to use the App until you have installed the updated version and accepted any new terms.

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11.2. Except for what is explicitly stated in these Terms, we do not make any specific guarantees regarding the App. This includes not making commitments about the content provided within the App, the specific functionalities of the App, or its accuracy, reliability, availability, or its ability to meet your individual requirements. We cannot assure uninterrupted access to our Services, and there may be instances where we need to temporarily interrupt the use of the App. Rest assured, we will make efforts to restore access as promptly as possible. We cannot guarantee that the App will be completely free from bugs, viruses, or faults.

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11.3 Spot may process personal data, and by using the App you consent to. Spot will use personal data for reasons such as:

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  • security – such as verifying your identity to be allowed onto the app.

  • performance – for services such as the user’s ability to search for another user to transact with.

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12. What about other people’s rights?

12.1 Third-party rights. We respect other people’s rights and expect you to do the same. You cannot use our Services, including the App, in any way that infringes or violates Spot’s or anyone else’s copyright, trademark or other intellectual property rights or otherwise breaks any applicable law.

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13. Liability

13.1 We acknowledge our responsibility towards you for foreseeable loss and damage caused by our actions. We will be accountable for any loss or damage you incur that is a reasonably predictable consequence of our violation of these Terms or our failure to exercise reasonable care and skill. Loss or damage is considered foreseeable if it is evident that it will occur or if, at the time the Terms were agreed upon, both parties were aware that it could potentially happen.

 

13.2 We do not seek to exclude or restrict our liability to you in cases where such exclusion or restriction would be unlawful. This includes liability for instances of death or personal injury resulting from our negligence or the negligence of our employees, agents, or subcontractors, as well as liability for fraud or fraudulent misrepresentation.

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13.3 You will be responsible to us for any loss or damage we suffer that is a foreseeable result of you breaking these Terms, failing to comply with applicable law, or misusing our Services. In the event of any losses, claims, costs or liabilities arising out of any or all of the following, you agree to compensate us and our affiliates and hold us harmless for your breach of these Terms or any applicable law, or your misuse of our Services.
                                                                
13.4 Neither of us will be liable to the other for:

 

  • any loss or damage that is not foreseeable;

  • any loss or damage that is not the direct consequence of your or our respective act or omission; or

  • things that are outside of your or our respective reasonable control.

 

14. Complaints

14.1 If you have a complaint about the Spot services, please contact us via email (support@spot-app.co.uk). If you’re still unhappy, you can refer your complaint to the Financial Ombudsman Service – their website is: www.financial-ombudsman.org.uk.
                                                                
15. How to close your account

15.1 Closing your account. You can close your Spot account at any time by contacting Customer Support via WhatsApp (+447778276897) or email (support@spot-app.co.uk). You will need to ensure there are no funds in your Spot account, otherwise it can’t be closed. You should therefore withdraw all funds. The following restrictions will be put on a deleted account so that other users cannot interact with that user:

 

  • A deleted user cannot be searched. 

    • A payment cannot be made to a deleted user. 

    • A request cannot be made to a deleted user. 

    • A deleted user cannot be added to a group. 

  • All the existing requests made by the deleted user will be hidden from other users' Requests tabs. 

  • All the request links created by the deleted user will expire (no one will be able to make payments for those, instead they will see the expired message). 

  • The payments made/received by a deleted user will still be shown on the other user’s Activity tab. 

  • The expenses and payments that are made by the deleted user will still be on any groups that they are part of.

 

16. Account suspension/blocking/closing

16.1 Ending these terms with notice. We may end these Terms by giving you one (1) month notice. We may give you one (1) month notice (or less) at any time that we are closing your Spot account or any associated Services and ending these Terms.

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16.2 Ending these terms without notice. We may end or suspend these Terms without notice in certain circumstances. We may without notice suspend or close your Spot account, if:

 

  • we suspect criminal activity on your account or that your account or your account is being used fraudulently;

  • you receive funds from other Spot accounts that we suspect are being used fraudulently;

  • we believe, in our sole discretion, that your use of your account is harmful to our business or our users;                          

  • we reasonably believe you are in breach of applicable law;

  • we are legally required to do so;                                      

  • we reasonably believe you have broken these Terms or gone over any applicable limits;                                                    

  • you have given us false information;

  • you have been abusive to anyone at Spot or any user;

  • you have not accepted changes to these Terms;

  • we suspend or stop all, or part of, the Services;                                           

  • we have reasonable concerns about the security, or unauthorised use, of your Spot account.
                                                                    

​16.3 We are committed to providing you with notice in the event of a suspension. Whenever possible, we will inform you of any suspension and the reasons for it, either before implementing the suspension or immediately after, unless such notice would jeopardize our reasonable security measures or would be considered unlawful. As soon as the reasons for the suspension cease to exist, we will promptly lift the suspension to restore normal operations as quickly as reasonably feasible.

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16.4 If you have registered for, but not activated or used, your Spot account within 12 months from registration, your Spot account may become inactive, and we may close it. If we close your account, you will need to reregister for a new account.
                                                                
16.5 If you do not use your Spot account for 12 months, your account may become inactive, and you will no longer be able to access it.

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16.6 When these Terms end you will not be able to use the App. All rights granted under these Terms shall cease and you must immediately delete or remove the App from your device.

 

17. What else do I need to know?

17.1 While we may choose to exercise discretion and not enforce certain terms or overlook certain breaches of the Terms, it is important to note that such actions do not constitute a waiver of our right to enforce those terms or act for any violation, whether it occurs in the present or the future. Delay or non-enforcement of any term does not diminish our ability to enforce that specific term or take appropriate action in response to any breach, whether committed by you or any other party. Our right to enforce the terms remains intact.

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17.2 The App may require the use of data access and text messaging and you are responsible for any charges that your mobile network provider may apply.

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18. Definitions
“Business Day” means a day other than a Saturday, Sunday or public holiday in England when banks are open for business in the United Kingdom.

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“Personal Data” means any information that can be used to personally identify you, including information you give to us when you register (e.g. email address) and any information that we collect as you use the App.

 

“Services” means the products, content, features, technology, functions and services provided by Spot, including the App, our websites and any other online, offline, or mobile products and services on or via any platform or technology.

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