Contents
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1.1 We are Bud Financial Limited ("Bud"), a limited company registered in England and Wales with company number 09651629, VAT number GB 220890817 and our registered address is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF.
1.2 We are authorised and regulated by the Financial Conduct Authority ("FCA") under Financial Services Register numbers 793327. We are authorised by the FCA to provide account information services and payment initiation services. The FCA's address is 12 Endeavour Square, London E20 1JN, and they can be contacted on 0800 111 6768 (freephone) or 0300 500 8082 from the UK.
1.3 To contact us, please email help@thisisbud.com or write to us at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF.
1.4 We consider a complaint as being defined as an expression of dissatisfaction made by you in relation to any of the services we provide. In the event that you make a complaint, we will make every effort to rectify the problem as soon as practicably possible. If you have any complaints about any of the Bud Services, you should contact our support team at help@thisisbud.com and we will try to resolve it as soon as possible.
1.5 If the nature of your complaint relates to the provision of any of the Bud Services, we will send you a final response within 15 business days of the receipt of your complaint. In exceptional circumstances, we will send you a holding reply specifying the deadline by which you will receive our response, being no later than 35 business days from the date we received your initial complaint. If you do not receive our final response or you are unhappy with our final response, you may be able to refer the matter to the Financial Ombudsman Service ("FOS"). You can contact the FOS at The Financial Ombudsman Service, Exchange Tower, London, E14 9SR or by calling them on 0800 023 4567.
1.6 If you do refer your complaint to the FOS, this will not affect your right to take legal action.
1.7 You are seeing these terms (this "Agreement") because Bud is supplying you with the following products or services:
1.7.1 access to the data ("Account Data") related to your financial account ("Financial Account") which is held by your bank, building society or other financial account providers ("Account Provider"), this service is referred to in this Agreement as the "Bud Account Service"; and/or
1.7.2 use of other products or services which are provided by Bud and using its technology (together, the "Bud Services").
1.8 By using Bud's Services, you are agreeing to be bound by this Agreement. If you do not agree to the terms of this Agreement, you must stop accessing or using Bud's Services.
1.9 When we access your Account Data from your Account Provider on your behalf, Bud is the data controller. Accordingly, Bud’s Privacy Notice available here applies.
2.1 This section 2 sets out the terms on which we will provide the Bud Account Service. You provide us with your explicit consent, either (i) as a one-off or (ii) on an ongoing basis for 90 days from the date of your giving explicit consent, to retrieve your Account Data held by your Account Provider so that you can use the Bud Services.
2.2 In order for us to access or use the Account Data held by your Account Provider, you must supply us with the information which you would use when accessing your account directly with your Account Provider. We will look after these credentials using reasonable care and skill and in accordance with our regulatory obligations.
2.3 You will need to renew your consent every 90 days in order for us to access your Account Data. In certain circumstances your Account Provider may require you to carry out strong customer authentication every 90 days (instead of renewing your consent with Bud) in order for us to access your Account Data. It is your responsibility to carry out the reconsent or strong customer authentication (as applicable) in order for us to continue to access your Account Data on an ongoing basis and process Account Data in accordance with section 2.1 above.
If you do not renew your consent or strong customer authentication (as applicable) Bud will not be able to provide the applicable Bud Services to you.
3.1 If you use Bud's chatbot "Jas", you agree that the following provision applies to your use of such Services:
3.1.1 You should not make any investment or financial decisions based on information provided through Bud's chatbot. Bud is not providing any investment or financial advice through the chatbot. Bud is not authorised by the FCA to provide investment advice or any other form of regulated financial advice, and nothing in the chatbot should be construed as such. The chatbot does not and cannot know all the characteristics and objectives of an investor that might matter to his or her financial decision making. You are solely responsible for any decisions you make based on your use of the chatbot and should consult with a qualified financial advisor before making any such decisions. All outputs are based on third party data, which we cannot guarantee is accurate. The technology used in the chatbot is evolving and may not provide accurate information or outputs.
4. What We Expect From You
4.1 By using the applicable Bud Services, you agree that:
4.1.1 all the information you have provided to us is accurate and correct;
4.1.2 you will only use the Bud Services for the purposes set out in this Agreement;
4.1.3 you will, on request and where applicable, provide us with a current address, telephone number and e-mail address.
4.2 You agree that you will only use the applicable Bud Services for the purposes set out in this Agreement and will not attempt to:
4.2.1 gain unauthorised access to, make unauthorised alterations to, or introduce any kind of malicious code, including any viruses, disabling code, time bombs or Trojan horses, to the Bud Services by any means;
4.2.2 except as permitted by law, reverse engineer or decompile (whether in whole or part) the Bud Services;
4.2.3 make copies, modify, reproduce, transmit, alter or distribute all or any part of the Bud Services or any material or information contained in them, other than as permitted by law;
4.2.4 use the Bud Services for any purpose that is unlawful under any applicable law;
4.2.5 use the Bud Services to commit any act of fraud;
4.2.6 use the Bud Services to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information ("phishing");
4.2.7 use the Bud Services in any manner that disrupts its operation.
4.3 If you suspect that there is fraud or a security risk in relation to any of the Bud Services, you must immediately contact us using the contact details set out above.
5.1 When we access your Account Data from your Account Provider, we, as data controller, will collect and process your personal data as part of the Bud Services. We will only access and collect your Account Data and personal data with your consent. You may revoke your consent at any time via Bud or your Account Provider.
5.2 As part of providing Bud Account Services, Your Account Data (including any personal data) will be anonymised by Bud for the purposes of improving Bud's products and services.
5.3 If you use Bud's Account Service, we will access your Account Data from the Financial Accounts you connect up to the last 12 months.
5.4 If you use one of Bud's ongoing Bud Services then we will continue to access your Account Data from the Financial Account you connect, if you provide us with ongoing consent. If you do not renew your consent or strong customer authentication (as applicable) in accordance with section 2.3, Bud will not be able to provide the applicable Bud Services to you.
5.5 Bud will only keep your Account Data (including any personal data) for as long as your account with Bud is active. After this time, Bud will delete your Account Data (including any personal data) and only maintain a basic record of the consent we have collected (name, email address and date consent was provided) in accordance with applicable laws.
6.1 In this section 5, a reference to "security credentials" includes any details which you use to access your Financial Account using the Bud Account Service.
6.2 You must take all reasonable steps to keep your security credentials safe and you must not disclose them or allow them to be used by anyone else. You must not leave the device you are using unattended while you are using the Bud Services and you must make sure that any security credentials stored or displayed on your device are kept secure.
6.3 If you suspect that another person knows your security credentials, you must notify us immediately at help@thisisbud.com.
6.4 In the event that we need to contact you in respect of suspected fraud or any other security threat, we will contact you using the details you have provided to us.
7.1 We can terminate, restrict or suspend your access to any of the Bud Services by immediate notice in writing (which can include email) to you at any time in the event that:
7.1.1 you breach these terms and/or any other agreement with us; and/or
7.1.2 we suspect that you have accessed or used any of the Bud Services for the purpose of an illegal activity; and/or
7.1.3 we suspect you have given us false information; and/or
7.1.4 we have concerns about the security of any of the Bud Services; and/or
7.1.5 a device is used that we do not recognise or is used in a way it was not designed for (such as "jail broken" or we detect viruses or malicious software); and/or
7.1.6 we are compelled to do so pursuant to any legal or regulatory requirement; and/or
7.1.7 you apply for bankruptcy or become subject of a bankruptcy petition or order.
7.2 We can terminate this Agreement with you for any other reason (or no particular reason) by providing you with one month's written notice.
7.3 You have the right to terminate this Agreement at any time without notice by contacting us using the contact details set out at clause 1.3 above.
7.4 If this Agreement is terminated for any reason:
7.4.1 all rights granted to you under these terms will cease; and
7.4.2 you must immediately cease all activities under these terms, including your use of the applicable Bud Services.
7.5 Any of these terms which are expressly, or by implication, intended to come into or continue in force on or after termination will remain in full force and effect.
7.6 Termination will not affect any rights, remedies, obligations or liabilities of you or us that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the terms which existed at or before the date of termination or expiry.
8.1 We will comply with our legal and regulatory obligations to prevent unauthorised access to the Bud Services and we will accept liability for loss and/or damage to you resulting from any unauthorised access to the Bud Services, provided that such loss and/or damage could have been reasonably foreseen by us at the time that you agreed to be bound by these terms.
8.2 You will be responsible for any losses arising from unauthorised access if we reasonably believe that:
8.2.1 you negligently, or intentionally, failed to take all reasonable precautions to keep safe, and prevent fraudulent use of your devices and/or security information (in accordance with section 5 above); and/or
8.2.2 you acted fraudulently; and/or
8.2.3 you are aware of the Bud Services being accessed without authority but fail to inform us promptly (in accordance with section 5 above).
8.3 We will not be liable to you for any loss or damage if another bank, building society, payment provider or one of our product partners is responsible for such loss or damage.
8.4 We will not be liable for any loss or damage that you may suffer because of any abnormal or unforeseeable circumstances outside our reasonable control which would have been unavoidable despite all efforts to the contrary, for example, any delay or failure caused by problems with another system or network, any breakdown or failure of transmission, communication, data processing or computer facilities, mechanical breakdown, an act of state or government, war, riot or terrorism, any act of God, the suspension of any market, postal or other strikes or similar industrial action or any prevention from or hindrance in obtaining any materials, energy or other supplies necessary for the performance of our obligations under these terms.
8.5 We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
8.6 We will have no liability for refusing any application submitted by you to register for use of the Bud Services or any other product or service we may provide.
8.7 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors, for fraud or fraudulent misrepresentation.
8.8 We do not exclude or limit our liability for any failure to perform duties that we owe to you under the Payment Services Regulations 2017 or under the rules of the FCA.
8.9 To the fullest extent permitted by law, the aggregate liability of Bud to you for all claims arising out of or relating to the use of or any inability to use any portion of the Bud Services or otherwise under these terms whether in contract, tort or otherwise, is limited to £100.
9.1 These terms are in English and any communications we send to you will be in English. You agree that all communications that we may need to send to you may be sent electronically and you agree that we have no obligation to send communications in paper form.
9.2 The provisions of these terms are personal to you and you cannot assign or transfer any of your rights or obligations under them. We can assign or transfer our respective rights and/or obligations under these terms.
9.3 If any provision of these terms is or becomes illegal, invalid or unenforceable that will not affect the legality, validity or enforceability of any other provision of these terms.
9.4 These terms are made between you and us. No other person shall have any rights to enforce any of its terms.
9.5 We reserve the right to make changes to these terms or to the Bud Services from time to time. If you do not accept the changes made, you have the right to terminate this Agreement. Your continued use of the Bud Services will be understood as your acceptance of the new terms and conditions. During the term of this Agreement, you may request a copy of the current form of these terms and we will provide you with a copy.
9.6 These terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland you may also bring proceedings in Scotland.
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