About Yotta Pay Yotta Pay is a free contactless payment app and online payment gateway. Register in 30 seconds with your bank account. Use Yotta Pay online payment gateway for your e-commerce platform, marketplace, or mobile application. Pay instantly to small businesses, service providers, farmers market sellers, car boot sellers and many more. Pay your family and friends in one click. Request a payment from someone near you with QR code, or choose a contact from your phonebook. Add clear reference to your payment so you never forget what it was about. It has bank grade security. No credit card is required, so you don't leave card details to anyone. All payments are authorised with your bank mobile app These terms describe how we work and how we exactly help you to process one-click account-to-account payments. Please read our Yotta Pay Privacy Policy to understand how we handle your data. Please get in touch via info@yottapay.co.uk should you have any questions. 1. Terms By installing the YottaPay app and using our services, you agree to be bound by: these terms of service ("Yotta Pay Terms"); and our Privacy Policy. Please review them carefully before you accept them. YottaPay Terms will apply to the relationship between us and you from the moment you download the YottaPay App until you decide to delete the Yotta Pay account. Deleting Yotta Pay App from your smartphone does not mean deleting your Yotta Pay account. 2. Open Banking and Yotta Pay Yotta Pay services are organised according to the principles of Open Banking and PSD2 European Union regulations. We act under licence of Yapily Connect Ltd, FCA regulated number 827001, issued for payment initiation services and account information services. Open Banking aims at increasing the competition in the financial services sector and provides access to users' bank accounts via third-party software applications. You can find more information about Open Banking at openbanking.org.uk 3. Yotta Pay The YottaPay App, or YottaPay, means the software application and services available through it provided by Yotta Digital Ltd. The services are provided and supported on Apple iOS and Android OS mobile devices, and electronic payment gateway used by third parties software, web-site builders, marketplaces, mobile applications, and others. We may update the Yotta Pay App to enhance our services once in a while, and that means you may have to accept a new version of these Terms. We will notify you accordingly. Yotta Pay is not an essential application with exclusive rights to manage your bank account or accounts, and is not a substitute for your proprietary bank mobile application. You can always check your balance, transfer money and receive other services via your proprietary bank mobile application. 4. Security Details Once you start using the Yotta Pay app we will create an account for you within our system. Your Yotta Pay account details are your full name, your phone number, YottaPay account password, Yotta Pay App passcode, TouchID or FaceID biometric access information, bank account sort code and account number. We do not have access to and do not store your bank account mobile app security details. Yotta Pay account is NOT a bank account. You will use your Yotta Pay App password and/or TouchID/FaceID to access your Yotta Pay App. You will use your phone number and Yotta Pay account password to reinstall your YottaPay app on the same or another mobile device. You must keep these details secret to prevent unauthorised access to your Yotta Pay App. If you register multiple peoples' biometric data on your device, you must ensure that you do not share your device with a person who is not authorised to access your YottaPay App as this could result in an unauthorised person having access to your Yotta Pay App. However, you will be aware that in an unlikely event of such access nobody will be able to transfer funds from your account, as this feature requires access to your bank account mobile app. Your bank account mobile app has independent security arrangements and is not connected or otherwise reliable on your Yotta Pay App. We will never share your personal information with third parties, unless it is specifically requested and accepted by you to provide you with payment services. More details on how we handle your information can be found in our Privacy Notice. 5. Functionality YottaPay facilitates bank account to bank account payments which are approved by proprietary bank mobile applications and processed directly from the payer's bank account to the payee's bank account without any involvement of intermediary accounts. No YottaPay App accounts are being used in the processing. We don't handle your money. Payment request generation service You will be able to generate payment requests to other YottaPay App users via YottaPay App. It will include an amount to be paid and your account details. Such requests will be generated in a form of in-app notifications for users from your contacts, as YottaPay App connects user's phone number to a bank account or in a form of QR code for users nearby. Payment initiation service YottaPay App facilitates payment initiation service from your bank account connected to your YottaPay Account. It is processed in two ways. You can receive payment requests from other YottaPay App users in a form of in-app notification or QR code. Otherwise, you can pick up a payee from your contacts. YottaPay App will then generate payment instructions with full details, including bank account name, number, sort code, and payment reference. You are responsible for checking eligibility of the payment instruction to make sure you are paying the right person or legal entity. We then transfer your payment instruction to your proprietary bank mobile application for approval. Payment initiation with payment request Once you receive your payment request from another YottaPay App user, YottaPay App will generate a payment instruction from the information sent to you. You will not be able to change this instruction, the only two options available will be either to confirm or to reject it. You will always need to know clearly who you are paying and what you are paying for. We are carefully monitoring all requests that are sent via YottaPay App to ensure that no fraudulent requests are being transferred within our system. Never respond to unknown and suspicious payment requests, received from the users you don't know, as this may result in losing your money. In the unlikely event you may have received such a request please report it immediately to help@yottapay.co.uk. Payment initiation with contact details Once you pick up someone to pay from your contact details, YottaPay App will generate a payment instruction according to the YottaPay App settings by the owner of the phone number and will display relevant information, including account name, sort code, account number. Please check carefully that payment instructions are relevant to the payee you are intended to pay. If in doubt, please contact the payee directly to confirm he or she is a YottaPay user under the number from your contacts. Payment request generation using online payment gateway Yotta Pay online payment gateway is being used by various third parties to integrate Yotta Pay as a payment method for their online and/or mobile checkout. You can also use it for your proprietary software. You will be provided original API credentials in each case when connecting through the API. The connection can be organised through our authorisation API or by manual receipt of credentials via email or other communication. Payment initiation for clients who do not have Yotta Pay App Clients of business users of Yotta Pay App or software that uses Yotta Pay online gateway integration do not need to have Yotta Pay App on their mobile or desktop devices to process the payment. They will only pick up the relevant bank name from the list provided by Yotta Pay in the browser. The relevant payment instructions will be transferred to their bank server and then from the server to their online banking or mobile banking. In this case no payer information is being handled by Yotta Pay. The payment is processed in a completely anonymous way to Yotta Pay. Only a merchant's bank account statement will store the account name of the payer, like it does with any account-to-account bank transfer. Payer does not enter any commercial agreement with Yotta Pay and the payment is fully regulated by business/customer arrangements with the merchant. Refunds Yotta Pay has no it’s own policy on the refunds, and Yotta Pay does not handle the monies of either payer or payee. The refund functionality is offered to the payer with the refund form kept in the receipt. All refund requests are subject to the merchant arrangements and should be addressed directly to the merchant. Yotta Pay accepts no liability on any payment request processed via the system. 6. Peer-to-peer use and business use YottaPay app is designed to provide both peer-to-peer payment initiation services and business payment and authorization services. Peer-to-peer payments for personal use, e.g. personal loans and gifts, family and friends transactions are free for both payers and payees. Peer-to-peer payments are free. Business payments are free for payers. Payees are charged according to the number of transactions and volume funds credited to the payee's account via YottaPay App. Fees are different depending on the type of the business. We operate a flexible payment authorization fees system for business users, including sole traders, public and limited companies, and charities. You must notify us if you intend to use the Yotta Pay App for business purposes. Once you do so, you will be offered a fee plan tailored to your business and transaction volume, including discounts and cashback structure offered to your customers and clients. The Base Fee for business payments acceptance is 1.99% of the amount transferred to the business payee bank account as a result of YottaPay App transaction plus 0.20p for every transaction. If you decide to accept business payments without letting us know, by accepting these terms and conditions you authorise us to classify your YottaPay account as business should we decide to do so. You also agree to pay the Base Fee for the transactions for the period starting from the date we classify your YottaPay account as a business. We strongly recommend you to let us know once you decide to use Yotta Pay App for business purposes as we will be able to provide you with additional benefits and lower your costs as much as possible. 6a. Fees and billing. Direct Debit authorisation 100% of the payment request amount is credited to your bank account immediately through the Faster Payment clearing system. We are billing you on a periodic basis, normally monthly, however this term can vary depending on the fee amount you owe us. You authorise us to take our fees via Direct Debit from any account you have ever aggregated with Yotta Pay App, whether it was done by automatic aggregation through the mobile banking app, filling the form in the app or our website, or manual connection of the bank account using personal support from Yotta Pay customer service or employee. The fees would be first taken from the account that is active at Yotta Pay App at a time of taking. Other accounts will be used only if the first direct debit withdrawal will not be successful. If the Direct Debit withdrawal is unsuccessful for any reason, it is your responsibility to pay our fees in 7 days time either via Yotta Pay App, or via direct bank transfer according to our invoice. Yotta Pay fees are different for the requests generated through the Yotta Pay App, online API for each third party, and online API for your proprietary software. You will be notified explicitly about the relevant fee scheme before you activate any online gateway connection. Such fee notification may be provided either by Yotta Pay or the third party operating the relevant gateway integration Using our services after being notified is a confirmation of your consent to pay fees according to the relevant scheme. We will do our best to keep our fees unchanged throughout the full period of you using our services. In the unlikely event when we would be forced to charge you higher fees, we will provide you with a timely notification, so you will have an opportunity to decide whether to keep using our services in the future. 7. Consents When you initiate a payment through Yotta Pay App you explicitly consent and authorise us to relay the instruction for that payment to your Bank. You authorise us (and our third party suppliers) to contact your Bank, on your behalf, to retrieve account information requested by you. You explicitly consent to us (and our third party suppliers) having the right to act in your name to contact the Bank, and to retrieve and (in line with our Privacy Policy) use the account information, in respect of the account you connected with YottaPay App to provide you with additional benefits and lower your costs as much as possible. 8. Bank restrictions and YottaPay limitations Your bank is wholly responsible for the account you hold with them. Your account connection with YottaPay App doesn't change your relationships with your bank and/or services provided by your bank. This applies even when any instructions or information regarding your bank account are viewed or transmitted via the YottaPay App. Your bank is required by law to allow us to access account information for use in the YottaPay App, or to relay payment instructions, once you have explicitly consented to us doing so. In the highly unlikely event some banks may, however, impose restrictions (such as under the terms that you have agreed with them). It is your responsibility to check if your bank stops you from using the YottaPay App (for example, by prohibiting you from downloading your account information using tools like the YottaPay App). We have no control over your right or ability to view your bank account information or transact on your account. On an ongoing basis, including each time you use the YottaPay App, you confirm to us that:you are legally authorised for each Account in respect of which you use the YottaPay App (whether or not you are the account holder) and any joint account holder has explicitly consented to your use of the YottaPay App. You may not use the YottaPay App in respect of any account you are not authorised to use. We do not check account information, or payment instructions for accuracy, legality or otherwise. We are not responsible for the account Information, the way that your account operates (including the execution of payment instructions). You acknowledge there may be issues with accessing Account Information or data from your connected Partner products and services, and this being accurate or up to date. For example, when displayed through the YottaPay App, Account Information is only updated as recently as is shown in the relevant page of the YottaPay App. You may be able to request a refresh through the YottaPay App if it appears to be out of date. By uploading or submitting any information, content or materials to the YottaPay App, you allow us (and our suppliers) a worldwide right to use it only to provide the YottaPay App services to you. More information about how we use your information, and how it is held securely, is in our Privacy Notice. 9. Use restrictions You must not: use the YottaPay App in any unlawful way or in breach of these YottaPay App Terms, or act fraudulently or maliciously (for example, by accessing other people's accounts through the YottaPay App); allow any other person to use the YottaPay App installed on your device; infringe intellectual property rights in relation to the YottaPay App, or your use of it; use the YottaPay App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other persons; and attempt to alter or decipher any transmissions to or from the servers running any service (for example, by trying to break the encryption protecting those transmissions). 10. Personal information and third parties We will never use your personal information for the purposes other than providing YottaPay services to you. This may include passing some of your personal information to our providers, for example to your bank for payment approval. Full details on data protection you may find in our Privacy Notice 11. Suspending and stopping your use By Us We may suspend or end your use of the YottaPay App, or part of it, at any time. We will usually inform you when this is happening but we can't always do so. We might take this action: if you breach these YottaPay App Terms, for the reasons outlined below in this section; and in other circumstances where we believe that there is a valid reason (such as for risk or fraud management, or at your request if you suspect fraud). We have no obligation to resume provision of the YottaPay App or services to you, or to re-activate your User Login, if suspended or closed. If we permanently end your use of the YottaPay App then: (a) the rights granted to you in these YottaPay App Terms end, and (b) you must stop use of the YottaPay App and remove it from your devices. If we suspect that the YottaPay App's security has been breached, or we suspect unauthorised or fraudulent use of the YottaPay App, then we may suspend its use. If we do this, then we will (if the law permits) try to contact you to let you know.We may also need to limit, block or stop your usage if we are required to do so by law.You agree to provide us with information that we may request in order for us to carry out necessary checks. In some cases, to enable us to lift a limit, suspension or other stop on your use of the YottaPay App, we may need you to provide us with further information. By You You may stop your use of the YottaPay App at any time by removing the YottaPay App from your device. Doing so will not automatically delete your user information that we hold. You can delete your user information in the YottaPay App If you forget to do this before removing the YottaPay App then you can get in touch with us at help@YottaPay.co.uk and we can delete it for you. We will also stop making your information available for active use after 1 year of inactivity on the YottaPay App. When your YottaPay App or user information is deleted, we will continue to hold certain information about you and your use for as long as it is required to enable us to comply with legal requirements, and for operational reasons such as issue resolution, complaint handling and “Know Your Customer” regulation. 12. Limitation of liability We have no liability to you for any loss of profit, loss of revenue, loss of business, business interruption, or loss of business opportunity. We also have no liability to you for any damage or alteration to your equipment including your devices as a result of the installation or use of the YottaPay App. All information, content and material displayed on the YottaPay App is provided for information only. Accordingly, you agree that we are not responsible or liable to you for:any action (or inaction) resulting from use of or reliance on information, content and materials displayed in the YottaPay App (or any loss or damage you suffer as a result);third party sites or services linked to or accessed from the YottaPay App (or your use of, or reliance on, those sites or services); orany dealings you have with third parties through the YottaPay App. Our responsibility We shall have no liability to you under or in connection with these YottaPay App Terms or your use of the YottaPay App (whether in contract, tort (including negligence) or any other cause). If we are liable to you in relation to YottaPay and: it relates to us not having met our obligations under the applicable law to protect your information or keep it secure, or it relates to any obligation under the applicable law that we cannot exclude (or limit, to the extent that it cannot be limited), then we accept that liability in full as required by the law; or it relates to any other cause (regardless of the form of the action or timing) then we will only be liable to you for loss or damage that you personally suffer that is a foreseeable result of all such causes up to a maximum of £50 in total. We are not responsible or liable if the relevant cause arises from your breach or action (such as your fraud or us following your instructions), events outside of our control, or the need to comply with our legal obligations. Other sections of these YottaPay App Terms explain further things that we are not responsible or liable for. Nothing excludes or limits our liability for: death or personal injury caused by our negligence; our fraud or fraudulent misrepresentation; or, if we deliberately breach these YottaPay App Terms in a major way that is designed to harm you. Your statutory rights are not affected. Your responsibility You agree to reimburse us for any losses we incur as a result of your breach of, or failure to comply with, these YottaPay App Terms or if we suffer any losses as a result of your use of the YottaPay App. 13. Disclaimer The YottaPay App and software are provided "as is" and "as available" without warranty of any kind. Disable Android Overlay Functionality Android devices allow apps to draw or run over other apps, or otherwise interact with other apps ("Overlay Functionality"). This functionality could be abused by third parties to capture the content of the YottaPay App and therefore poses a security threat. We strongly advise you not to allow other apps to use Overlay Functionality in order to prevent possible misuse of information such as personal information, access credentials or banking information. If you do permit other apps to use the Overlay Functionality then (unless it's caused by our failings) you are responsible for (and agree to hold us harmless from) any unauthorised access or changes to, or transactions on, your Account(s) resulting from the use of the Overlay Functionality. 14. Complaints YottaPay appreciates it greatly if you notify us of a question or problem, because this gives us the opportunity to seek a suitable solution. It also gives us the opportunity to improve its service to you and other customers. YottaPay also has an internal complaints procedure. We aim to handle all problems, questions and complaints efficiently and quickly. If you have questions, problems or complaints, regarding the YottaPay App then please submit them to help@YottaPay.co.uk and include the following information: your name, telephone number; and, a description of your concern. If after we have responded to your complaint you remain unhappy, depending upon the complaint, you may be entitled to refer the complaint to the Financial Services Ombudsman. More details can be found at https://www.financial-ombudsman.org.uk/ 15. Changes to these App Terms We may change the YottaPay App Terms at any time and will inform you of a change either through the YottaPay App, when you next start the YottaPay App, or by any other media that is available to us. The new terms may be displayed on-screen and you may be asked to read and accept them to continue your use of the YottaPay App. If these changes materially impact you or materially changes your YottaPay experience, we will strive to inform you through our regular channels at least 2 month prior to asking you for confirmation of the new YottaPay App Terms. We will always act fairly and reasonably when we make these changes. The most common reasons that they will happen are if: we're changing the way that an existing part of the YottaPay App operates, introducing new functionality, or withdrawing functionality; we consider that we should take account of developments (or changes we reasonably expect to happen) in technology, security or industry standards and norms; there are changes in the way that we operate (which could, for example, lead to some aspects of the YottaPay App becoming subject to a charge) or we think that we should explain something more clearly; or there is a change in law (including industry codes) that we follow, or in response to decisions of a regulator or court. If you don't want to accept a change we tell you about in advance, you can close your YottaPay App account. You can also end this agreement by closing your YottaPay App account at any time after we make the change but the change will apply to you until you do so. 16. About us YottaPay and YottaPay App are the trading names of Yotta Digital Ltd, limited company registered in England and Wales, company number 12195240, 1 Plasmarl Terrace, Plasmarl, Swansea, Wales, SA6 8LUWe act under licence of Safeconnect Ltd, FCA regulated number 827001, issued for payment initiation services and account information services. You can contact us at info@yottapay.co.uk. 17. Other We may transfer our rights and obligations under these YottaPay App Terms to another organisation, but this will not reduce your rights or those obligations. You may not transfer your rights or obligations to another person. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. Any waiver would need to be given by us in writing. Each of the conditions of these YottaPay App Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. Please note that these YottaPay App Terms, their subject matter and formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, 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 These YottaPay App Terms and our Privacy Policy are drawn up in the English language. All written communications between you and us relating to these YottaPay App Terms and our Privacy Policy are to be in English. Version: 1.01, Published on 10th of July 2022, valid since 10th of July 2022