Mydus Terms & Conditions

1. Our Agreement

• 1.1 MSSD Ltd (“Mydus”, “our”, “us” or “we”) is a company registered in England and Wales whose registered office is at Flat 9 Dawson Building, 52 Prospect Row, London, E15 1GU and whose registered number is 13278742.
• 1.2 Mydus provides you with regulated account information services as an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services, including account information services.
• 1.3 By accessing or using the Mydus website, the Mydus service or any of Mydus applications (including the mobile application (the “App”)) made available by the Mydus and the Mydus algorithm (the “Algorithm” and together, the “Service”), you confirm that you accept these terms of use (“Terms of Use”) and that you agree to be bound by them. If you do not agree to these Terms of Use, you must not use the Service. The Service is owned, operated and controlled by Mydus.
• 1.4 These Terms of Use (together with our Privacy & Cookie Policy) set out the terms on which you may make use of the Service and set out in detail your rights and responsibilities to us and our rights and responsibilities to you during your use of the Service.
• 1.5 Please read these Terms of Use carefully before you start to use the Service as they will apply to your use of the Service. We recommend that, wherever possible, you print and save a copy of them for future reference.

2. The Service

• 2.1 There are additional terms that may apply to you. These terms of use refer to the following additional terms, which also apply to your use of our app:
  • Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our app, you consent to such processing and you warrant that all data provided by you is accurate.
  • Our Cookie Policy, which sets out information about the cookies on our app.
• 2.2 Mydus provides a personal finance information service that allows you to consolidate, track and project your financial information (the “Service”). By using the Service, you warrant that you are at least 18 years old and a resident of the United Kingdom.
• 2.3 We do not guarantee that our app, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our app for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
• 2.4 This Service will allow you to:
  • upload details of your accounts maintained at third party sites (“Accounts”); and
  • access details of transactions, holdings and balances on Accounts.
• 2.5 The purpose of the Service is to show you all your financial information in one place. We monitor and analyse your Accounts. Based upon our Algorithm, we identify recurring payments, salaries, internal transfers, overdrafts and other elements that are displayed to you.
• 2.6 You acknowledge and agree that the Service is not endorsed or sponsored by the providers of your Accounts.
• 2.7 Open Banking: Mydus customers can link alternative bank/payment accounts to the app in order to view transactions.
  • Mydus uses an Account Information Service Provider (AISP) to access and display a customer’s alternative bank account transaction information only when you give your bank explicit consent to allow access to that information.
  • This consent is managed in the Mydus app via connections to your bank/payment institution and these connections can be unlinked by you at any time.
  • You will be asked every 90 days to re-consent to this open banking connection to continue to see additional bank transactions in the Mydus app from your linked accounts. If you do not re-consent, 90 days after your last consent, the connection will be stopped, and you will no longer see those transactions (unless you re-authorise).
  • This ‘Open Bank connection is a regulated service, provided by Mydus as an agent of Plaid Financial Ltd., an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Registration Number: 804718) for the provision of payment services, including account information services. Mydus is an authorised agent of Plaid with the FCA (firm reference number 985957).
  • Plaid’s terms and conditions can be found at Privacy and security policies | Plaid and their privacy policy at Privacy Policy and security policies | Plaid.
• 2.8 Cashback: We offer two forms of Cashback, automatic and link based. More information on cashback is provided in section 3.

3. About Cashback

• The service allows you to earn Cashback. This is in two forms: automatic and link based. Here’s what you need to know:
• 3.1 The first thing to remember is that all the transactions you make are directly with the retailer, not us. When you make a purchase via the app with a retailer, it is tracked using cookies and various other technologies which allow the retailer to identify that a purchase has been made, who made it and where it came from. Once the retailer or tracking network has identified the purchase and acknowledged it, it will show up in your account as ‘pending’. When the retailer validates the purchase it may show in your account as ‘confirmed’. Once we have received the commission from the retailer, it will then show up in your account as ‘available (“Available to withdraw”). You are then free to withdraw your money in accordance with any payout terms and conditions applicable at the time of payout.
• 3.2 The two forms of Cashback we offer are as follows:
• 3.2.1 Link based cashback shall only be paid on transactions that fulfil the following criteria:
  • Clicking through to the retailer via the ‘Spend through Link’ button on the retailers page in the app. Clicking through to a retailer via any other link or a sponsored advert will not activate the tracking and no commission will be received by us.
  • Completing your purchase from the point of clicking through to the retailer. Navigating away from our app to a third party or failing to complete your transaction in full at the time of clicking through may result in the transaction failing to track to your account.
  • A genuine purchase is being made. Repeat purchases may not qualify for Cashback and you must purchase for genuine reasons. By making a transaction via the app you acknowledge that it is at the retailer’s entire discretion to determine whether a transaction is genuine, and you acknowledge that we will not be liable for any Cashback where a retailer has deemed a transaction disingenuous.
  • Notification from the retailer or their tracking network that a transaction has been tracked directly back your Mydus account by an identifying tag. If you are not logged in to your Mydus account when you make your purchase, there will be no identifying tag matching you with the transaction taking place.
  • Notification from the retailer or their tracking network that your purchase is a qualifying transaction. As explained above, whether or not a purchase is a qualifying transaction is entirely at the discretion of the retailer and you acknowledge that we will not be liable for any Cashback to you if the retailer does not accept your transaction as a qualifying transaction.
  • A valid account is in place. If your account is terminated or disabled for any reason, then any Cashback payable will be deemed to be forfeited.
  • Cashback may be declined if all or part of your order is returned, amended or cancelled.
• 3.2.2 Automatic Cashback shall only be paid on transactions that fulfil the following criteria:
  • Linking your payment method, the card you will be making your purchase from, to the app. Any payment method linked to the app after the qualifying transaction has been made shall not be eligible for Cashback.
  • Completing your purchase fully, making sure the transaction has gone through. Use your linked payment method to make purchases at participating stores, either online or in-person.
  • A genuine purchase is being made. Repeat purchases may not qualify for Cashback and you must purchase for genuine reasons. By making a transaction via the app you acknowledge that it is at the retailer’s entire discretion to determine whether a transaction is genuine, and you acknowledge that we will not be liable for any Cashback where a retailer has deemed a transaction disingenuous.
  • A valid account is in place. If your account is terminated or disabled for any reason, then any Cashback payable will be deemed to be forfeited.
  • Cashback may be declined if all or part of your order is returned, amended or cancelled.
• 3.3 You acknowledge and agree that in order for us and the affiliate networks to track and confirm your purchase (as explained at 6.1 above), the affiliate networks will share the order ID relating to your purchase with us.
• 3.4 If you notify us that a transaction has not been reported in your account as you anticipated (a ‘Claim’) we will use reasonable endeavours to investigate such Claim with the retailer or tracking agency subject always to our right to cease investigations at any point at our entire discretion.
• 3.5 You acknowledge that the retailer or it’s tracking agency’s decision is final in relation to the payment of commission to us and in turn, our decision is final in relation to paying Cashback to you. We will make all reasonable endeavours to secure the payment of commission on a transaction but we do not and cannot make any guarantee in this regard. In the event we do not receive the expected commission for a transaction for whatever reason, we will not be liable to pay the relevant Cashback to you.
• 3.6 Estimated Payable dates displayed on transactions are purely for guidance only and are not a guaranteed date for the receipt of the funds. Where the estimated payable date for the commission on a transaction has surpassed and/or the progression is delayed, we will not be liable to pay the relevant cashback to you.
• 3.7 We do reserve the right to reclaim or adjust any Cashback payments in the event that any Cashback has been paid to you in error. This may include but not be limited to transactions where Cashback is not genuinely due to you or where any commission for a transaction has not been received from a retailer or its agencies but been paid over to you as Cashback in error.
• 3.8 It is important to note that we do not hold money in your account similar to a bank and legal title to any cashback earnings does not pass to you until you have taken possession of the cashback by way of a successful withdrawal from your Mydus account.
• 3.9 For the avoidance of doubt and notwithstanding any other provision contained in these terms and conditions, you agree and acknowledge that in all circumstances the payment of Cashback to you is at our discretion and we may refuse to pay Cashback to you for any reason.
• 3.10 Where a merchant is advertised on our app, we give no guarantee that it is valid and we shall not be held liable in any way whatsoever if you are unable to receive cashback.
• 3.11 Withdrawing:
  • You can submit a request to withdraw any Payable Cashback from your account at any time. Please note that that if you change your payment details, for security reasons there will be a 72 hour delay before you can request your Cashback.
  • You may only request one payout option in any 24 hour period.
  • You may withdraw your Payable Cashback from your account by Bank Transfer, Paypal or various other giftcard and voucher providers. Payout methods may stipulate a minimum value threshold being reached before allowing you to withdraw your Payable Cashback. You should always check the terms of each payout method before withdrawing your Payable Cashback.
  • It is your responsibility to ensure your correct payout details are submitted. We shall not be responsible for any Payable Cashback being sent to an incorrect destination where you have provided incorrect details. Such payments may not be recoverable and or may be subject to a recovery fee.
  • The time between requesting payment of your Payable Cashback and it being credited to your chosen payout method may vary. We shall not be liable for any delays in this regard or for any consequences of any delays which may occur.
  • We reserve the right to suspend Payable Cashback payments at any time without notice to you if we reasonably suspect fraudulent activity has taken place.
• 3.12 Do not rely on the information on this app:
  • The content on our app is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our app.
  • From time to time merchants may increase or decrease the commission paid in which case the cashback offer illustrated on our app may be incorrect. Although we make reasonable efforts to update the information on our app, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.
• 3.13 How is cashback generated
  • Mydus works with retailers via affiliate marketing. The premise of affiliate marketing is that in return for sending them a customer who completes a pre-specified action on the retailer's website, the retailer pays us a commission.
  • The pre-specified action is usually making a purchase, but can also include signing up for an account or completing a quote. For the purposes of this document, all actions are referred to as a 'purchase'. The commission may be a percentage of the sale amount or a fixed amount.
  • Relationships between us and each retailer is usually facilitated by an affiliate network. Affiliate networks work with the retailers to provide the tracking and reporting technologies, and are responsible for the invoicing and collection of commissions owed.

4. Access to the Service

• 4.1 Access to the Service will be through our App. Your use of the App remains at all times subject to the terms and conditions and privacy policies of the relevant app store from which you downloaded it, being one of: the Google Play store; or the Apple App Store, each an “App Store”. To the extent that there is conflict between those terms and conditions and these Terms of Use, these Terms of Use shall take priority.
• 4.2 You must not allow anyone to access the Service on your behalf. You must treat as confidential the information you provide as part of our security procedures, and you must not disclose it to any third party.
• 4.3 One account it allowed per person.

5. Access to Accounts

• 5.1 To use the Service, you must first provide your Account login details to our Trusted Partners, Plaid Ltd (“Plaid”) or Yodlee, Inc. UK Branch (“Yodlee”). Our Trusted Partners will then automatically download transactional information relating to your Account(s) and continue to do so at certain times until you withdraw your consent for it to do so. Our Trusted Partners will only provide us with a ‘screen grab’ of your Account transaction information and will not initiate any payments from your Account(s).
• 5.2 You grant to us and our Trusted Partners a non-exclusive, royalty-free license to use the information in your Account(s) for all purposes connected with the Service or referred to in these Terms or the Privacy Policy, with the right to use, modify, display, distribute and create new material using or incorporating such information to provide the Service to you. Our Trusted Partners and us may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through your use of the Service. By submitting information, you agree (without the payment of any fees), that our Trusted Partners and us may use the information for the purposes set out above.
• 5.3 You are permitted to use content delivered to you through the Service only on our site or App. You may not copy, reproduce, or create derivative works from this content.
• 5.4 By providing your account details to our Trusted Partners, you agree and grant our Trusted Partners permission to aggregate your personal data, which may then be stored outside of your own country to the extend permitted by applicable law.
• 5.5 You agree that when we retrieve your information relating to your Account(s) or your information required as part of the provision of the Service, we are doing so as your representatives and on your behalf and not on behalf of or in the name of any third party.
• 5.6 You agree that we will be entitled to disclose your identity and information relating to your Account(s) to third parties if we are required to do so by any applicable law or court order.
• 5.7 We do not check the accuracy of the Accounts information and personal information you provide to us and we rely on you and your Account providers to ensure that the Accounts information and personal information you provide to us is up to date and accurate.
• 5.8 By using the Service, you represent that you are the legal owner of the data in your Account(s) and that you have the authority to appoint, and do expressly appoint, our Trusted Partners and/or its third-party providers as your agent and grant a limited power of attorney to access and retrieve such data on your behalf.
• 5.9 For our compliance purposes and in order to provide the Service to you, you herby authorise us to, directly or through a third-party, obtain, verify, and record information and documentation that helps us verify your identity and Account information. When you register for the Service and from time to time thereafter, we may require you to provide and/or confirm information and documentation that will allow us to identify you.
• 5.10 You agree that our third-party services providers and third-party beneficiaries of the applicable provisions of these Terms, with all rights to enforce such provisions as if such service providers were a party to these Terms.

6. Your privacy and cookies

• 6.1 We use cookies and similar technologies to provide the Service. By using the Service, you agree to the terms of our Privacy & Cookie Policy, which forms part of these Terms of Use and our agreement with you. Please click here for more information: https://mydus.co.uk/privacy-policy.

7. Your behaviour towards Mydus

• 7.1 You must not access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same) any part of the Service or its security measures, any servers, other equipment or networks connected to the Service or on which it is stored or any software used in the provisions of the Service, including in each case by transmitting any worms, computer viruses, malware, logic bombs, Trojan horses, spyware, harmful components or any other software, code or data of corrupt, destructive, malicious or disruptive nature (together “Viruses”).
• 7.2 You may not inject content or code or otherwise alter or interfere with the way any page of the Service is rendered or displayed in a user’s browser or device.
• 7.3 You must not access the Service via a means not authorised by Mydus, 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 Mydus’s express written consent).
• 7.4 You must not change, modify, adapt or alter the Service or change, modify, adapt or alter another website so as to inaccurately imply an association with the Service or with Mydus.
• 7.5 Mydus does not accept unsolicited content, information, ideas, suggestions or other materials except where Mydus has set out specific criteria and conditions for submitting them and you agree not to submit them except in accordance with those criteria and conditions.
• 7.6 Where you do submit unsolicited content, information, ideas, suggestions or other materials submitted in breach of this paragraph 6, you agree that we may use such content, information, ideas, suggestions or other materials for any purpose whatsoever, including, without limitation, developing and marketing products and services without any liability or payment or recognition of any kind to you.

8. Third party packages and services

• 8.1 Your browsing and interaction on any other website or your use of other services, including website and services which have a link to the Service, is subject to the rules and policies of the relevant website or service. Please read the rules and policies applicable to that website or service before proceeding.
• 8.2 The Service, or communications from it or comments within it, may include links to third-party websites, applications or features (‘Third Party Services”). These links are provided for your information only.
• 8.3 Mydus does not control, maintain or endorse Third Party Services and you acknowledge and agree that your use of them is at your own risk. We assume no responsibility for the content or operation of Third Party Services and we will not be liable for any loss or damage that may arise from your use of them (or such content).

9. Web data: charges and security

• 9.1 You agree that 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.
• 9.2 We cannot guarantee that the Service will always be free from Viruses. You are responsible for configuring your information technology (including your mobile telephone) in order to access the Service and for the security of your internet connection. You should use your own virus protection software.

10. Our right to vary these Terms

• 10.1 We expect to need to update or amend these Terms from time to time to comply with law or to meet our changing business requirements.
• 10.2 We reserve the right, in our sole discretion, to change these Terms of Use from time to time (“Amended Terms”). Unless we make a change for legal or administrative reasons, we will provide reasonable advance notice before the Amended Terms take effect. You agree that we may notify you of the Amended Terms by posting them on the Service. Your use of the Service after the effective date of the Amended Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Amended Terms and the Amended Terms will apply to your use of the Service from that point forwards. These Terms of Use will continue to govern any disputes arising before effective date of the Amended Terms.

11. Warranties

• 11.1 You expressly understand and agree that:
  • Your use of the Service and all information, products and other content (including that of third parties) included in or accessible from the Service is at your sole risk.
  • The Service is provided on an “as is” and “as available” basis. Our Trusted Partners and us expressly disclaim all warranties of any kind as to the Service and all information, products and other content (including that of third parties) including in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties and merchantability, fitness for a particular purpose and non-infringement.
• 11.2 Our Trusted Partners and us make no warranty that:
  • the Service will meet your requirements;
  • the Service will be uninterrupted, timely, secure, or error-free;
  • the results that may be obtained from the use of the Service will be accurate or reliable;
  • the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or
  • any errors in the technology will be corrected.
• 11.3 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 advice or information, whether oral or written, obtained by you from our Trusted Partners or us through or from the Service will create any warranty not expressly stated in these Terms.

12. Our liability

• 12.1 If we fail to comply with these Terms, 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 an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this Contract.
• 12.2 We only provide the Service for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• 12.3 We do not in any way exclude or limit our liability for:
  • death or personal injury caused by our negligence; or
  • fraud or fraudulent misrepresentation.
• 12.4 Subject to clause 13.3, and to the extent permitted by applicable law, our Trusted Partners will not be liable to you in connection with the Service (including your use or inability to use the Service) for:
  • loss of profits or goodwill;
  • any statement or conduct on or via the Service by any third party;
  • loss of data which is caused by factors other than negligence or breach of statutory duty on the party of us or our Trusted Partners;
  • 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
  • any other loss or damage suffered by you in connection with the Service.
• 12.5 We are not a financial adviser, and the Service is not intended to provide financial advice. Your financial situation is unique. We do not make any representations, warranties, or guarantees of any kind that the Service is appropriate for you.

13. Indemnification

• 13.1 You agree to protect and fully compensate our Trusted Partners and us and our affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable solicitors’ fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

14. Termination and suspension

• 14.1 We will determine, in our discretion whether there has been a breach of these Terms of Use through your use of the Service. When such a breach has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
  • immediate, temporary or permanent withdrawal of your right to use the Service;
  • issue of a warning to you;
  • legal proceedings against you for reimbursement of all costs (including but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • further legal action against you; and/or
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
• 14.2 The responses described above are not limited and we may take any other action we reasonably deem appropriate.

15. Linking to our website

• 15.1 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.
• 15.2 You must not suggest any form of association, approval or endorsement on our part where none exists.
• 15.3 You must not remove, obscure or modify any advertisements, copyright notice or other information on our Website. Our Website must not be framed on any other website.
• 15.4 The website in which you are linking must comply in all respects with the content standards set out in these Terms of Use and we reserve the right to withdraw linking permission without notice.

16. General provisions & applicable law

• 16.1 You may not assign, sub-license or otherwise transfer any of your rights and/or obligations under these Terms of Use to any third party. You acknowledge that we may assign, sub-license or otherwise transfer any of our rights and/or obligations under these Terms of User to any third party at any time.
• 16.2 We will have no liability to you for any failure or delay in performing any of our obligations under these Terms of Use 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.
• 16.3 These Terms of Use (together with our Privacy & Cookie Policy) contain the entire agreement and understanding of the parties relating to the subject matter of the agreement between us and supersede all prior agreements, understandings or arrangements (both oral and written) relating to the same.
• 16.4 If any provision of these Terms of Use is found to be invalid for any reason, the invalidity of that provisions will not affect the remaining provisions of these Terms of Use, which will remain in full force and effect.
• 16.5 Failure by either you or use to exercise any right or remedy under these Terms of Use does not constitute a waiver of that right or remedy.
• 16.6 These Terms of Use are governed by English law. If you are a consumer, the courts of England and Wales will, subject to this paragraph 15, have non-exclusive jurisdiction over any claim arising from, or related to, these Terms of Use (unless you are a resident of Northern Ireland, in which case you may bring proceedings in Scotland). If a court decides that we cannot rely on a part of these Terms, the rest of the Terms will continue to apply, as each of the provisions of these Terms operate separately.
• 16.7 Nothing in paragraph 15 will limit our right to take proceedings against you in any other court of competent jurisdiction, nor will the taking of proceedings in any one or more jurisdiction preclude us from taking proceedings in any other jurisdiction, whether concurrently or not, to the extent permitted by the law of such other jurisdiction.

17. Cancelling your account

• 17.1 You may cancel your user account at any time. Note, extended periods of inactivity may also result in cancellation or Account information stored in the Service being made unavailable. To cancel your account email help@mydus.co.uk with your primary email address.

18. Enquires & complaints

• 18.1 If you have any enquiry or complaint about the Service, or simply wish to get in touch, you should contact our customer services team via our email help@mydus.co.uk. In the event that your have a complaint we cannot settle, you may be entitled to refer it to the Financial Ombudsman Service (FOS). Further information about the FOS is available from their website www.financial-ombudsman.org.uk. You may also submit a dispute for online resolution by using the European Commission Online Dispute Resolution Platform at https://webgate.ec.europa.eu/odr/.

Thank you for using the Service.