Nude Finance Limited

Terms and conditions relating to the Nude app and website. These terms and conditions were last updated 18 March 2020.

Version 1.2

Summary and terms used

This page contains the terms and conditions which tell you information about Nude and set out the legal terms and conditions that apply when you use the Website, App and Services (described below) provided by Nude. If you are looking for information on how we use your information, you should refer to our Privacy and Cookies Policies (available on our Website).

We may collect technical data about your device, in order to improve our App, Website and Services.

We encourage you to read these Terms carefully and make sure that you understand them before using our Website, App and Services. By accessing and using the Website, App or Services you confirm that you accept these Terms.

When we use the word(s) :

we, us, our, Nude

Nude Finance Limited, a company registered in England and Wales whose registered office is at c/o Cms Cameron Mckenna Cannon Place, 78 Cannon Street, London, England, EC4N 6AF, and whose registered number is 12008146.

Nude Finance Limited is registered with the Financial Conduct Authority under the Payment Services Regulations 2017 for the provision of payment services, with firm registration number 913654.

App

Means the Nude app.

Cookies Policy

Our policy about how we use cookies on our website, which is available on our website.

Privacy policy

Our policy about how we will use your data, which is available on our website.

Services

The services described in these Terms that Nude provides to you through the App or website.

Terms

These terms and conditions, which may be updated from time to time.

Website

www.getnude.com, and each of its webpages and subdomains.

The Services

Once you have set up an account in the App, you will be able to access the Services which include tools to allow you to:

  • set a financial savings goal using indicative average property prices for a particular area of the United Kingdom;
  • connect your account(s) held with third parties, for example a current account with your bank ("Account(s)"). We use a trusted third party, Truelayer Limited, to allow you connect with your bank and obtain the information about your Account(s). Fr more information on how we access the information about your Accounts please read the section below: "Accessing your account information and what happens to the information";
  • view our analysis of your Account and transaction information, which will be created by categorising and classifying your transactions; and
  • receive information about your spending based on your Account and transaction information and understand how you may be able to change your spending and saving, and how doing so will reduce the time it will take you to reach your savings goal.

The Services available through the App and information provided by Nude are not financial advice. If you would like financial advice, you should speak with a qualified financial advisor. We're making tools available to help you understand your own spending and possibilities for saving.

Our Services include a tool that calculates roughly how much you might need to save in order to buy a property in your desired location. It's important you understand that:

  • the savings amount suggested is based on property prices we have obtained. Prices could increase or decrease over time; and
  • the amount of time the App says it might take you to reach your savings goal is indicative only. It's based on our calculations using information available to us and may include assumptions.

The property price information used in our App contains HM Land Registry data, © Crown copyright and database right 2020. This property price data is licensed under the Open Government Licence v3.0.

Accessing the Services

Access to the Services will be through our App, which you can download from either the Google Play store or the Apple App Store. Our App and Services are provided free of charge.

We're the owner or the licensee of all intellectual property rights contained in our Website and App and in the material published within them. Those works are protected by laws and treaties, including in respect of trademark and copyright, and all such rights are reserved.

You must be at least 16 years old and a resident of the United Kingdom in order to use the Services.

Security and your identity

It is very important that you never allow anyone to access the App or Service using your device or otherwise on your behalf. This means you must take reasonable steps to keep the App secure, for example by doing the following:

  • be vigilant and careful that no one else can access your account on the App;
  • keep your security information safe and confidential, and never share it with anyone else (remember we will never ask you for all of your security information);
  • delete the App from your device if you are no longer using it;
  • ensuring the software on your device up to date by installing updates as soon they are available;
  • follow any other instructions we give you to keep the App secure; and
  • inform us immediately if you become aware that anyone else has access to your account on the App.

Accessing your account information and what happens to the information

We use a tool provided by TrueLayer Limited (www.truelayer.com) (" TrueLayer") that allows you to send information on your payment accounts to us and other service providers. In order to use our services, you will be asked to agree to TrueLayer's Terms of Service (which are available here: https://truelayer.com/enduser_tos/) and you will be redirected to your bank by TrueLayer in order to authenticate yourself. The TrueLayer Terms of Service set out the terms on which you agree to TrueLayer accessing information on your payment accounts for the purposes of transmitting that information to us. 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 the Terms of Service and TrueLayer's Privacy Policy. TrueLayer is authorised by the UK Financial Conduct Authority under the Payment Services Regulations 2017 to provide account information services and payment initiation services (Firm Reference Number: 793171).

We will only access information about your Account(s) if we have your permission to do so. You will be able to give us this permission when using the App, and you will control what we can access. As part of this process, you will be transferred to your Account provider's website and asked to enter your login details (we will not see these or take a record of them). By connecting your Account(s) through the App, you are permitting us to access information from your Accounts so that Nude can provide the Services. We will only use the account information we obtain to provide the Services to you.

If you give us your permission, we will be able to access your account information for a period of 90 days. After that, we'll need to ask you to give us your permission again.

You are permitted to use content delivered to you through the Service only on our App. You may not copy, reproduce, distribute, or create derivative works from this content.

We do not check the accuracy of the Account information and personal information you provide to us and we rely on you and your Account providers to ensure that the Account information and personal information we receive is up to date and accurate.

What you can and can't do

We give you permission to use our Website and the App (once you have downloaded it) for the purposes of accessing the Services, provided that you must not do any of the following:

  • access without authority, interfere with, damage or disrupt any part of the Service, App or Website or their security measures, any servers, other equipment or networks connected to the Service, App or Website or on which their stored or any software used in their provision, or attempt to do any of these things;
  • use the Service, App or Website to transmit any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of a corrupt, destructive, malicious or disruptive nature (together "Viruses");
  • inject content or code or otherwise alter or interfere with the way any page of the Service, App or Website is rendered or displayed in a user's browser or device;
  • access the Service, App or Website via a means not authorised by us, including, but not limited to, automated devices, scripts, bots, spiders, crawlers or scrapers (except for standard search engine technologies which are used by a search engine with our express consent), or allow anyone else to use your permission, which is personal to you;
  • investigate and reproduce our code, or try to analyse or reverse engineer the App or Services, or any part of them;
  • change, modify, adapt or alter the Service, App or Website, or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service, App or Website or otherwise with Nude;
  • provide us with any information which is not accurate or truthful, or act in bad faith when using the App, Services or Website; or
  • use the App, Website or Services in any way that is illegal or could otherwise bring us into disrepute.

The App, Services and Website are provided for domestic and private use only. You must not use the product for any commercial, business or resale purposes. We will not be liable to you for any loss of profit, loss of business, business interruption, or loss of business opportunity if you do so.

Third party websites and services

If you use the website or software provided by a third party, for example any websites which have a link to our App, Website or Service, your use of those third party website(s) and services is subject to the rules and policies of the relevant website or service.

Our App, Website and/or Service, or communications from us, may include links to third-party websites, applications or features ("Third Party Services") which are provided for your information only. Third Party Services are used at your own risk and we do not endorse, control or maintain them. We will not be liable to you for any loss or damage that may arise from your use of Third Party Services.

Data usage

You are responsible for any and all data charges you incur from mobile service providers, internet service providers or other data providers in using the Service, App or Website.

Availability and changes to our App, Services or Website

We do not guarantee that the App, Website or Services will be available at all times or without interruption. We may make changes or updates to the App, Website or Services at any time, subject to these terms and conditions. Nor do we guarantee that any content we provide will be free from errors, omissions or Viruses. We give no representations, warranties or guarantees, either express or implied, that the content on our App, Website or delivered through the Services is accurate, complete or up-to-date. You are responsible for having your own virus protection software and for the security of your internet connection. We shall not be liable for any loss or damage you incur as a result of any errors, omissions or Viruses.

Changes to these terms

We can change these Terms from time to time. We can make changes for the following reasons:

  • because of changes in law or regulation, which affect how we provide the App, Website or Services;
  • because of changes we make to our Services;
  • to make a change which is for your benefit; and/or
  • for any other reason that we can't foresee, provided it is reasonable for us to make the change in the circumstances.

When we make a change, we will act reasonably and proportionately, taking into account the reason for making the change.

We will provide you with two months' advance notice before any changes are implemented and the updated Terms take effect, unless we make a change for legal or administrative reasons and are unable to give such notice, or we introduce an additional service which does not affect the Services you already receive. We will notify you of the change by email or using any of the other contact details you have provided, and we will also make the updated Terms available on the App and/or Website.

If you do not agree to the change you should tell us and we will cancel your user account. If you continue to use the App after the change takes effect, you will be treated as accepting the change.

Warranties

Your use of the App, Website and Services and all information, products and other content (including that of third parties) included in or accessible from them is at your sole risk.

The App, Services and Website are each provided on an "as is" and "as available" basis. We expressly disclaim all warranties of any kind as to the Services, App and Website and all information, products and other content (including that of third parties) included in or accessible from the App or Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee that:

  • the Services, Website or App will be uninterrupted, timely, secure, or error-free;
  • the results that may be obtained from the use of the Services will be accurate or reliable;
  • the quality of any products, services, information, or other material purchased or obtained by you through the Services, Website or App will meet your expectations or be appropriate for your needs; or
  • any errors in the technology will be corrected.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No information, whether oral or written, obtained by you from us through or from the App, Service(s) or Website will create any warranty not expressly stated in these Terms.

Our liability

We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; fraud or fraudulent misrepresentation, or any other liability which cannot be excluded or limited under English law.

If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge, or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Subject to the above, and to the extent permitted by applicable law, we will not be liable to you in connection with the Services, App or Website (including your use or inability to use any of them) for:

  • any loss or damage that was not caused by our fault, or the fault of some other person who we are legally responsible for (such as our agents);
  • loss of profits or goodwill;
  • any statement or conduct on or via the Services, App or Website by any third party;
  • loss of data which is caused by factors other than those set out above, or our breach of any other statutory duty;
  • your use of the Services, App or Website outside the United Kingdom, if this causes you to be in breach of the local laws that apply;
  • the acts or omissions of the providers of your Account(s);
  • the cost to you of obtaining goods or services as substitutes for the Services or App; or
  • any other loss or damage suffered by you in connection with the Services, App or Website.

We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or, at the time that you accepted these Terms, both you and we contemplated that it might happen.

We will not be liable to you for any failure or delay in performing any of our obligations under these Terms to the extent that such failure or delay is caused or contributed to by you or by an event or circumstance beyond our reasonable control.

Termination and suspension

We can suspend or terminate your use of the App, Website and/or the Services if any of the following things happens:

  • you have seriously or persistently breached these Terms;
  • we reasonably believe you gave us false information when you set up your user account and, if we had known the truth, we wouldn't have allowed you to use the App, Website and/or the Services;
  • we reasonably believe that your user account is being used, or looks like it's going to be used, for something illegal;
  • you threaten or are violent towards our staff;
  • we have to for legal or regulatory reasons;
  • you are not eligible to use the App, Website and/or Services; or
  • you are declared bankrupt (or undergo an equivalent process)

In addition, we can close your user account and terminate your use of the App and Services by giving you at least two months' notice.

Stopping use of the Services/App

If you wish to cancel your user account and stop using the App and Service, or if you wish to revoke your consent to us accessing information relating to any account or accounts, you can do so in the App or by emailing contact@getnude.com.

Linking to our website

You may link to any page of our Website, provided that you:

  • do so in a way that is legal and that does not damage or take advantage of our reputation nor seeks to do so;
  • must not suggest or imply that you have any form of association, approval or endorsement with us;
  • must not remove, obscure or modify any advertisements, copyright notice or other information on our Website;
  • ensure the location in which you are linking must comply in all respects with the content standards set out in these Terms and we reserve the right to withdraw linking permission without notice; and
  • ensure our Website is not framed on any other website.

If you wish to use any of our content other than as set out above, please send a request in advance to: contact@getnude.com.

General provisions & applicable law

You cannot assign, sub-license or otherwise transfer to any third party any of your rights and/or obligations under these Terms. We can assign, sub-license or otherwise transfer to any third party at any time any of our rights and/or obligations under these Terms.

If any provision of these Terms is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of these Terms, which will remain in full force and effect.

If either Nude or you fails to exercise any right or remedy under these Terms, that will not affect our or your right to exercise that right or remedy.

These Terms are governed by English law. If you have a claim arising from or relating to these Terms, the following courts will be able to hear that claim (on a non-exclusive basis):

  • if you are a resident of England and Wales, the courts of England and Wales
  • if you are a resident of Northern Ireland, you may bring proceedings in Northern Ireland,
  • if you are a resident of Scotland, may bring proceedings in Scotland.

Contacting each other

If you need to contact us, you can do so by email at the following address: hey@getnude.com.

If you prefer, you can post your enquiry to: Nude Finance Limited, Tontine Building, 20 Trongate, Glasgow, G1 5ES.

If we need to contact you, we will use the email address or phone number you provide when you sign up or use the App or Website, or directly through the App. If these details change, please let us know.

Complaints

We hope this doesn't happen, but if you want to make a complaint then details of how you can do that are set out in our complaints policy which is available on our website here.

If you're unhappy with our response, you may be able to refer your complaint to the Financial Ombudsman Service:

Address: Financial Ombudsman Service, Exchange Tower, London E14 9SR

Telephone: 0800 023 4567 or 0300 123 9213

Email: complaint.info@financial-ombudsman.org.uk

Website: www.financial-ombudsman.org.uk