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mynestegg Mobile Application End-User Licence Agreement

Version number1.1
Last updatedApril 2024

PLEASE READ CAREFULLY BEFORE USING THE MOBILE APP

This end-user licence agreement (“EULA”) is a legal agreement between you (“you”) and My Nest Egg Limited, a company registered in England with company number 14593331 whose registered office is at X+why, East Embankment Tower, 100 Cathedral Approach, Manchester, M3 7FB (“us” or “we”) for:

mynestegg mobile application software, the data supplied with the software, and any updates or supplements to it (the Mobile App);

  • any information, text, links, graphics, photos, audio, videos, documents or other materials or arrangements of materials uploaded, downloaded or appearing on the Mobile App (together the Content); and
  • the service you connect to via the Mobile App and the content we provide to you through it (each a Service, together the Services).

We licence use of the Mobile App, Content and Services to you on the basis of this EULA and subject to any rules or policies applied by any appstore provider or operator from whose website or Mobile App (Appstore) you downloaded the Mobile App (Appstore Rules)

We do not sell the Mobile App to you. We remain the owners of the Mobile App at all times.

In this EULA:

  • Account means a mynestegg customer account, as further described in our Customer Terms and Conditions, and any of its content, associated functionality and underlying technology
  • Customer Terms and Conditions means our customer terms and conditions, as set out at www.mynestegg.com/terms
  • Privacy Policy means our privacy policy available at www.mynestegg.com/privacy-policy
  • Terms of Use means our terms of use, as set out at www.mynestegg.com/web-terms

BY PROCEEDING WITH AN INVESTMENT PRODUCT CALCULATOR, APPLYING TO REGISTER AN ACCOUNT OR BY LOGGING INTO YOUR ACCOUNT (AS APPLICABLE), YOU AGREE TO THE TERMS OF THIS EULA, OUR TERMS OF USE, OUR PRIVACY POLICY, AND, WHERE YOU HAVE APPLIED TO REGISTER AN ACCOUNT AND/OR HAVE AN ACCOUNT, OUR CUSTOMER TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, WE WILL NOT LICENSE THE MOBILE APP TO YOU AND YOU MUST DELETE THE MOBILE APP FROM YOUR MOBILE DEVICE.

  1. The terms of this EULA

    1. The terms of this EULA apply to the Mobile App, Content and Services, including any updates or supplements to them, unless such updates or supplements come with separate terms, in which case those terms apply.
    2. We may change the terms of this EULA at any time by notifying you of the change when you next use the Mobile App. You will be required to read and accept them to continue your use of the Mobile App, Content and Services.
    3. From time to time, we may update the Mobile App. You may not use the Mobile App, Content or Services until you have downloaded the latest version of the Mobile App and accepted any new terms which may accompany that latest version.
    4. You are assumed to have obtained permission from the owners of the mobile telephone or electronic device that is controlled, but not owned, by you and described in clause 4.2 (Device) to download a copy of the Mobile App onto the Device. You and they may be charged by your and their service providers for internet access on the Device. You accept responsibility in accordance with the terms of this EULA for the use of the Mobile App or any Service on or in relation to any Device, whether or not it is owned by you.
    5. By using the Mobile App, Content and/or any of the Services, you consent to us collecting and using technical information about the Device and related software, hardware and peripherals for Services that are internet-based or wireless to improve our products and to provide Services to you.
    6. In order to access and use all of the Mobile App, Content and Services, you must register an Account as set out in and subject to our Customer Terms and Conditions. Please refer to our Customer Terms and Conditions in relation to registering an Account and, where you already have an Account, use and management of your Account. Access to and Use of the Mobile App, Content and Services is subject to our Customer Terms and Conditions where you have an Account, and/or have applied to register an Account.

  2. Your privacy and personal information

    1. Your privacy and the security of your personal information is important to us. Any personal information that you provide to us will be collected and processed in line with our Privacy Policy. Our Privacy Policy explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.
    2. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Mobile App, the Content, or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
    3. The Mobile App and Services may make use of location data sent from the Device. You consent to our and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based services.

  3. Your Device and use of the Mobile App

    1. You are responsible for maintaining the security of, and for restricting access to, your Device and the Mobile App. You should inform us immediately if you believe that the Mobile App is being, or is likely to be used in an unauthorised manner.
    2. You are responsible for configuring your Device, operating system(s), computer programme(s), and any software application(s). You should use your own virus protection software where applicable.
    3. Use of the Mobile App is subject to our Terms of Use. You agree to comply with our Terms of Use in relation to use of the Mobile App.
    4. Where you have applied to register and/or have an Account, use of the Mobile App is also subject to our Customer Terms and Conditions, which you agree to comply with in such cases.
    5. We reserve the right to refuse you access to the Mobile App, the Content or the Services if your behaviour gives us justified reason to do so (including if you are in breach of applicable laws, our Terms of Use, applicable contractual provisions, our guidelines or our policies, which can all be accessed via the Mobile App.

  4. The licence

    1. In return for you agreeing to comply with the terms of this EULA, we grant you a non-transferable, non-exclusive licence to use the Mobile App on the Device for the Mobile App’s intended purpose, subject to the terms of this EULA as updated from time to time, our Terms of Use, the Privacy Policy, the Appstore Rules, and, where you have applied to register and/or have an Account, our Customer Terms and Conditions, which are all incorporated into this EULA by reference (where applicable). We reserve all other rights.
    2. You may download a copy of the Mobile App onto an Android, iOS or Windows based device (“Device”) and view, use and display the Mobile App on the Device.

  5. Licence restrictions

    1. You agree that you will:
      1. not rent, lease, sub-license, loan, provide, or otherwise make available, the Mobile App or the Services in any form, in whole or in part to any person without prior written consent from us;
      2. not copy the Mobile App, Content or Services, except as part of the normal use of the Mobile App or where it is necessary for the purpose of back-up or operational security;
      3. not translate, merge, adapt, vary, alter or modify, the whole or any part of the Mobile App, Content or the Services, nor permit the Mobile App, Content or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Mobile App and the Services on a Device as permitted in this EULA;
      4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Mobile App, the Content or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Mobile App to obtain the information necessary to create an independent program that can be operated with the Mobile App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
        1. is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;
        2. is not used to create any software that is substantially similar in its expression to the Mobile App;
        3. is kept secure; and
        4. is used only for the Permitted Objective; and
      5. comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Mobile App or any Service.

  6. Acceptable Use Restrictions

    1. You must:
      1. comply with our Terms of Use at all times; and
      2. not infringe our intellectual property rights or those of any third party in relation to your use of the Mobile App, Content or any of the Services (if and to the extent that such use is not licensed by these terms).

  7. You may not transfer the Mobile App to someone else

    1. We are giving you the personal right to use the Mobile App as set out in this EULA. You may not otherwise transfer the Mobile App and/or your rights under this EULA to someone else, whether for money, for anything else or for free. If you sell any Device on which the Mobile App is installed, you must remove the Mobile App from it.

  8. Support for the Mobile App and how to tell us about problems

    1. Support. If you want to learn more about the Mobile App or have any problems using it, please take a look at the support resources available on the Mobile App or contact our Client Care Team.
    2. Contacting us (including with complaints). If you think the Mobile App is faulty or misdescribed, or you wish to contact us for any other reason please contact our Client Care Team.
    3. Our Client Care Team may be contacted by live webchat on the Mobile App, or by email via help@mynestegg.com.
    4. How we will communicate with you. If we have to contact you, we will usually do so by email, using the contact details on your Account, and/or via the Mobile App. We may also need to contact you by post or by telephone.

  9. Advertising and third-party content

    1. We do not charge you for accessing and using the Mobile App. In consideration for us granting you access to and use of the Mobile App, Services and Content, you acknowledge and accept that we and trusted third parties may show you advertising in the Mobile App, Services and Content. We may use your personal data to show you advertising that is relevant to you.
    2. The Mobile App, Content and/or any Service may contain links to other independent websites, which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

  10. Intellectual property rights

    1. You acknowledge that:
      1. all intellectual property rights in the Mobile App, Content and the Services throughout the world belong to us (or our licensors);
      2. rights in the Mobile App, Content and the Services are licensed (not sold) to you; and
      3. you have no rights in, or to, the Mobile App, Content and the Services other than the right to use each of them in accordance with the terms of this EULA.
    2. You acknowledge that you have no right to have access to the Mobile App in source-code form.

  11. Our responsibility for loss or damage suffered by you

    1. Please back-up content and data used with the Mobile App. We recommend that you back up any content and data used in connection with the Mobile App, to protect yourself in case of problems with the Mobile App or the Services.
    2. Check that the Mobile App and the Services are suitable for you. The Mobile App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Mobile App and the Services (as described on the Appstore and in the Content) meet your requirements.
    3. Please note that we only provide our Mobile App for domestic and private use. You agree not to use our Mobile App for any commercial or business purposes.
    4. We are responsible to you for foreseeable loss and damage caused by us. If we breach the terms of this EULA or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this EULA was formed, it was either clear that such loss or damage would occur, or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
    5. We are not responsible to you for unforeseeable loss or damage, or for any business or non-consumer loss or damage. We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage or otherwise loss to non-consumers.
    6. When we are liable for damage to your property. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by complying with your obligations in this EULA, 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 failing to have in place the minimum system requirements advised by us.
    7. We are not liable for matters beyond our control. We are also not liable to you for any loss or breach of the terms of this EULA caused by an event or circumstances beyond our control, or for any loss which would have been avoidable had you taken reasonable action.
    8. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in this EULA excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.

  12. We may end your rights to use the Mobile App and the Services if you break these terms

    1. We may end your rights to use the Mobile App at any time by contacting you if you have broken the terms of this EULA. If what you have done is not serious and can be put right, we will give you a reasonable opportunity to do so.
    2. If we end your rights to use the Mobile App:
      1. You must stop all activities authorised by this EULA, including your use of the Mobile App and any Services accessed or received via the Mobile App;
      2. You must delete or remove the Mobile App from any Device in your possession and immediately destroy all copies of the Mobile App which you have and confirm to us that you have done this; and

  13. We may transfer this EULA to someone else

    1. We may transfer our rights and obligations under this EULA to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the EULA.

  14. Disputes

    1. We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with any matter, please contact our Client Care Team as soon as possible using the contact details set out in clause 8.3 of this EULA.
    2. Our Complaint Handling Policy can be accessed at www.mynestegg.com/complaints-policy. If you are not satisfied with our response to your complaint, you may have the right to refer your complaint to the Financial Ombudsman Service (FOS), by writing to:

      The Financial Ombudsman Service, Exchange Tower, London, E14 9SR

      Telephone:
      0800 023 4567 – free for people phoning from a 'fixed line' (such as a landline at home)

      0300 123 9123 – free for mobile- phone users who pay a monthly charge

      Email: complaint.info@financial-ombudsman.org.uk. An FOS brochure is available on request from us or by visiting www.financial-ombudsman.org.uk.

  15. General

    1. All calls, emails, use of the Mobile App, or any other form of communication with you may be recorded. Such recordings will be owned by us and may be used for the purposes of training, as evidence in the case of a dispute, or as otherwise may be required by the Financial Conduct Authority. All such recordings will be held in accordance with Financial Conduct Authority requirements and regulations in effect from time to time.
    2. We may appoint any third party in connection with the Mobile App. Where your personal data is shared with any such third-party, this shall be in accordance with our Privacy Policy available at www.mynestegg.com/privacy-policy.
    3. If any provision or part-provision of this EULA is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of this EULA.
    4. No one other than us or you has any right to enforce any of this EULA. This EULA does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of this EULA.
    5. Even if we delay in enforcing the terms of this EULA, we can still enforce them later.
    6. No changes to this EULA are valid or have any effect unless agreed by us in writing or made in accordance with clause 15.7.
    7. We reserve the right to vary this EULA from time to time in relation to changes or updates to the Mobile App. You will be required to accept any such updated EULA to allow your continued use of the Mobile App. It is your responsibility to check any updated EULA to verify the changes made.
    8. The laws of England and Wales apply to this EULA, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
    9. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.

Capital is at risk with all investments.