Terms of service

Who we are

Kletta Limited (“Kletta” also referred to as “we”, “us” or “our”) is a Private Limited Company registered in England and Wales with number 13604802 having the address 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ. This Agreement (the “Agreement”) is between you and Kletta.

Important information you need to know

Please read this Agreement carefully before you activate your Kletta account or use any of our services. These terms are an integral part of the agreement between you and Kletta if not separately agreed differently between the parties. The Agreement covers also any associated payment or other services that Kletta may provide or connect you to.

Kletta is acting as an Agent of Token.io who is the Principal. Kletta uses Token.io Ltd (Token) to make online payments you instruct directly from your bank account. Depending on your bank and the value of the payment, you may be redirected to your bank’s website to authenticate yourself and authorize the payment. Token.io Ltd is authorized by the Financial Conduct Authority (FCA) to provide payment initiation services. If you have a complaint about the service please contact Token or Kletta directly.

By confirming that you accept the terms of this Agreement, or by using our services, you accept this Agreement. If there is anything you do not understand, please contact Customer Services by sending an email to support@kletta.com or using the chat service on www.kletta.com. Please note that should you not wish to accept any part of the Agreement, you should not start using the services of Kletta.

DEFINITIONS

Account Information Services - An online service which provides consolidated information on payment accounts held by you with one or more payment service providers, such as banks.

Account Information Service Provider - A third party payment service provider which is authorized by its Regulator to provide Account Information Services to you with your explicit consent and under a separate agreement which you have signed with them.

Agreement - This agreement, as amended from time to time.

Available Balance - The value of funds available on your Bank Account to use.

BACS - A service enabling organizations to make payments to a Bank Account which takes 3 Working Days for the funds to be cleared.

Bank Account - The third party bank account that you have connected to your to Kletta app.

Bank Account Number - This is your unique personal third party Bank Account number.

Kletta Account or Account - This refers to the total client relationship between you and Kletta.

Kletta Account Details or Account Details - Any details related to your Kletta Account, such as but not limited to, Username and Kletta Account Number.

Kletta Account Holder or Account Holder - You entering into this Agreement.

Kletta App - A mobile app and/or online portal that allows you to have access to your Kletta Account which is provided to you by Kletta.

CHAPS - Clearing House Automated Payments System, bank-to-bank technology which enables same-day payments to be made within the UK, provided the payment instruction is received by the sending bank or organization before a specific cut-off time.

Contactless - A payment feature that provides cardholders with a way to pay by tapping their debit or credit card on a point-of-sale terminal reader for transactions of up to £100 (as amended from time to time).

Customer Services - The team responsible for supporting queries relating to your Kletta Account.

Customer Services can be contacted by sending email to support@kletta.com via instant messaging through Kletta App or using the chat service on www.kletta.com.

Direct Debit - A service allowing a third party to collect pre-authorised funds from your Bank Account electronically on agreed dates, for example to pay bills.

EEA - The European Economic Area which currently includes all countries in the European Union together with Iceland, Norway and Liechtenstein.

Faster Payment - A service allowing you to make and receive electronic payments in the UK which is received by the recipient bank within 2 hours provided that the receiving organization or bank is part of Faster Payments Scheme.

Full Deductible Amount - The full transaction amount, including the transaction itself along with any associated fees, charges and taxes.

Intermediary Payment Services Provider - Includes Account Information Service Provider and/or Payment Initiation Services Provider.

Intermediate Payment Service Provider - any third party Account Information Service Provider and/ or third party Payment Initiation Service Provider.

Non-Limited Business - A sole trader incorporated in the UK and having no VAT reporting.

Payment Details - The details you provide to enable funds to be received into your Bank Account or the details that you provide in order to send funds from your Bank Account.

Payment Initiation Services - An online service of the Kletta app which accesses your Bank Account to initiate the transfer of funds on your behalf.

Payment Initiation Service Provider - A third party payment service provider which is authorized by its Regulator to provide Payment Initiation Services to you with your explicit consent and under a separate agreement which you have signed with them.

Payment Instruction - An instruction from you to make a payment from your Bank Account via the Kletta App.

PIN - Your four digit (or any other length as the case may be) personal identification number for use with your personal Bank Debit or Credit Card.

Privacy Policy - The Privacy Policy of Kletta. The most recent version of the Privacy Policy is always available on the Kletta App and our website at www.kletta.com.

The Privacy Policy shall for the relevant parts be part of these Terms and Conditions.

Quasi Cash - Transactions that includes, but not limited to, purchasing travelers cheque, lottery tickets, casino gaming chips, money orders, deposits and wire transfer money orders.

Regulator - FCA in the UK or another European financial services regulator.

Sort Code - The 6 digit number which identifies the Bank and Branch a card or bank account belongs to.

Token - a third party payment service provider that Kletta/ Kletta App is using as the Account Information and/ or the Payment Initiation Service Provider.

The full name of Token is Token.io Ltd. and it is a company registered in England and Wales under number 10143662 with registered office is at 10 John Street, London WC1N 2EB, UK

Website - www.kletta.com.

Working Day - Working Days are Monday to Friday but does not include bank or public holidays in England.

APPLYING AND REGISTERING YOUR KLETTA ACCOUNT

01. To apply for a Kletta Account, you must be at least 18 years old, must have a UK registered Non-Limited Business and be a UK resident.

02. We will register your Kletta Account for you on the basis of the information that you have provided to us. You must provide accurate information and to tell us of any changes as soon as possible so that our records remain correct.

03. To use your Kletta Account, you will need to download the Kletta App via your mobile phone or tablet.

APPLYING AND REGISTERING YOUR KLETTA ACCOUNT

04. Subject to you signing up through Token to your Bank Account(s), the Kletta App can access your Bank Account(s). Your Bank Account can be used for setting up Direct Debits, for making and receiving Faster Payments and for receiving BACS and CHAPS.

05. All banking functionality is provided by your bank and therefore usage of your Bank Account will be subject to any restrictions and limits placed on it by your bank, together with any fees levied as applied under you with your bank.

06. It is your responsibility to check that there is sufficient Available Balance before any payment is due. If your Bank Account does not have sufficient Available Balance any payment will be rejected.

07. The time of receipt of a transaction order is when your bank receives it. You cannot stop a transaction after it has been transmitted to your bank and you have given consent, or when you have given your consent to a pre-authorised payment.

08. It is your responsibility to ensure correct recipient account details and payment amount is provided when making any payment or setting up a payee. You are responsible if you give us incorrect instructions or mistakenly instruct us to make the same payment more than once, but we will try to help you get the money back. We may not always be able to do this, but we will take all reasonable measures. If we cannot get the money back, you can request the relevant information we have about the transaction to help you reclaim the money. We will provide this information on receiving a written request from you, unless the law prevents us doing so.

09. You can authorize us to make a payment from your Bank Account via the Kletta App by setting up electronic payments and giving us instructions via a third party, such as through a direct debit scheme or a Payment Initiation Service Provider (Please see “4” above). We will facilitate a payment as authorized by you if:

A. the transaction was authorized from the Kletta App using the required entry passcode or credentials and that the payee had been approved;

B. you have set up or agreed to any Direct Debit Payments to be taken from your Bank Account; or

C. a Payment Initiation Service Provider has made a payment from your Bank Account.

10. We may refuse to execute or process a payment (without prior notice to you) if:

A. the Bank Account does not have sufficient Available Balance to cover the payment; or

B. the Bank Account or Kletta Account is suspended or closed; or

C. we need to do so to comply with the rules of the payment system; or

D. we suspect fraudulent activity on the Bank Account or the Kletta Account or the payment is unlawful or fraudulent; or

E. we are concerned about fraud or unauthorized access to the Bank Account or the Kletta Account by an Intermediary Payment Service Provider; or

F. required to comply with any law or other regulation.

11. You may not be able to stop any payments once it has been authorized by you or a Payment Initiation Service Provider. However, you may be able to stop a Direct Debit payment provided that

A. the Direct Debit is canceled two Working Days before the Kletta Account is due to be debited; and

B. the payment has not already been made.

12. If you stop or cancel a Direct Debit, you must tell the recipient to whom the Direct Debit is payable. We will not be responsible if you fail to inform them. Nor will the recipient have any claim against us.

13. If, for any reason, a payment is processed for an amount greater than the Available Balance on your Bank Account, you must repay us the amount by which the Full Deductible Amount exceeds your Available Balance immediately after receiving an invoice from us. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action and/or closing your Kletta Account, to recover any monies outstanding.

CHECKING ACCOUNT BALANCE

14. You can check your connected Bank Account balances via the Kletta App.

ACCOUNTING SERVICE FUNCTION

15. Subject to you signing up through Token to your Bank Account(s), the Kletta App can access your Bank Account(s) and receive information from them. The service (the “Accounting Service”) enables you to insert details of your income earned through work as a sole trader, and your expenses relating to such work, allowing it to estimate your tax liability on an ongoing basis, store receipts electronically and view your profit and expense.

16. After having connected your Bank Account(s), when you spend money using your connected Bank Account ( “Spend”), or receive a transfer into Your Bank Account (“Income”) the details of such Spend and Income will be imported into your Kletta Account, and you will be provided with indicative information regarding your estimated tax liability.

17. In order for us to provide the most accurate estimate of your tax liability, you are responsible for inputting details of your income and expenses, and for checking the correctness of information relating to Spends.

18. You acknowledge that the Kletta App has not been developed to meet your individual requirements, and that it is therefore your responsibility to ensure that the facilities and functions of the Kletta App meet your requirements.

19. Any information we provide to you via the Accounting Service is solely for your internal informational purposes and should not be relied upon for the purposes of submitting tax returns or any official filing. The accuracy of the Accounting Service is dependent on the accuracy and completeness of the information you provide and in any event we make no representation, and we exclude all warranties (whether implied by statute or common law), to the extent we may do so by law, as to the accuracy of the Accounting Service and in respect of any information provided to you through the Accounting Service. To clarify further, the terms relating to the accounting service function of Kletta App do mean that Kletta is not in any way responsible for any information you provide HMRC with by using Kletta App to prepare and/ or send your tax return - except for the correct technical delivery.

CANCELLING, CLOSING YOUR ACCOUNTING

20. You may cancel your Kletta Account by email to support@kletta.com (our Customer Services)

21. Once the Kletta Account is closed, the Agreement will terminate.

YOUR LIABILITY AND AUTHORISATIONS

22. You are responsible for the use of your Kletta Account and any Kletta App you use for your Kletta Account.

23. We may restrict or refuse to authorize any use of your Kletta Account including transactions in any legal jurisdiction if using the Kletta App or Kletta Account is causing or could cause a breach of this Agreement or if we have reasonable grounds for suspecting that you or a third party has committed or is about to commit a crime or other abuse in connection with the Kletta App or Kletta Account.

24. It is your responsibility to keep Your Kletta App and Kletta Account safe. You must also keep safe any security information or credentials related to the Kletta Account and Kletta App.

25. You will be liable for all unauthorized transactions that arise from the use of a lost or stolen Kletta App or Kletta Account security information or the misappropriation of the Kletta App if you fail to:

A. keep the Kletta App and/or security features of the Kletta App and Kletta Account safe, or

B. notify us that the Kletta App is lost or stolen.

26. You must ensure you do not:

A. allow another person to use your Kletta App or security information related to the Kletta Account, or

B. write down password(s), or any security information related to Your Kletta Account and Kletta App unless this is done in a way that would make it impossible for anyone else to recognise any of that information, or

C. disclose your security information related to your Kletta Account and Kletta App, or

D. otherwise make them available to any other person, whether verbally or by entering them in a way that allows them to be observed by others.

27. You should never allow a third party other than an Intermediary Payment Service Provider to use or access your Kletta Account.

28. You must not disclose or make available your Kletta App credentials to a third party unless the third party is an Intermediary Payment Service Provider and you want to use their services.

29. You will be responsible for all transactions which you authorize, whether such transactions are made by you from the Kletta Account or by authorizing a third party such as a Payment Initiation Service Provider to do so on your behalf.

30. You will be liable for all transactions that take place as a result of you acting fraudulently or failing to comply with this Agreement with intent or gross negligence.

31. It is your responsibility to keep us updated of changes to your information, including email address and mobile numbers. Failure to do so may result in us being unable to contact you regarding your Kletta Account, including the provision of refunds to which you might be entitled or to let you know about changes to this Agreement.

32. You agree to indemnify and hold harmless, us and our distributors, partners, agents, sponsors, and service providers and their group companies from and against the costs of any legal action taken to enforce this Agreement and/or any breach of this Agreement or fraudulent use of the Kletta Account, or Kletta App login details, by or authorized by you.

33. The Kletta App is supported on mobile devices running the latest version of iOS or Android. Kletta aims with the best effort basis to support also the other recent versions of iOS and Android, but cannot guarantee the correct functionality with the older versions of iOS or Android. Use of the Kletta App on such a device is at your risk and Kletta can not be held responsible for any loss or data, information or a financial loss.

LOST, STOLEN OR DAMAGED Kletta ACCOUNT

34. In the event of loss, theft, fraud or any other risk of an unauthorized use of the Kletta App or Kletta Account, or if the Kletta App is damaged or malfunctions, you must block your Kletta App by contacting Kletta Customer Services by email to: support@kletta.co.uk.

35. In the event that we have reason to believe that you have acted fraudulently or have acted with gross negligence or intentionally in failing to notify us of the lost or stolen Kletta App or have failed to keep your Kletta App or security information related to your Kletta App and Kletta Account safe or you have breached this Agreement then you shall be liable for all losses.

FEES

36. Your Kletta Account may be subject to the fees. The core and usage fees that comprise Your Kletta Account will be listed on our website at: www.kletta.com.

UNAUTHORIZED AND INCORRECT TRANSACTIONS

37. If you have a reason to believe that a transaction on your Kletta Account was unauthorized by you or a Payment Initiation Service Provider or was made incorrectly, you must inform us, and your bank, immediately but in any event within 13 months of the date of the relevant transaction.

38. We have no responsibility towards you for any unauthorized transactions, and you must seek refund for any unauthorized amount including from the bank concerned..

39. Your bank is not obliged to refund unauthorized sums to you if they or we have reason to believe that you have acted fraudulently and we may notify your bank and the police or any other authority permitted by law.

40. You will be liable for all unauthorized transactions made on your Kletta App if you have acted fraudulently or deliberately or with gross negligence failed to keep the Your Kletta App credentials safe in accordance with this Agreement, or where you have failed to notify us without undue delay on becoming aware that Your Kletta App credentials have been lost or stolen.

AMENDMENTS

41. We will ensure the most recent version of these Terms of Service is always available on the Kletta App and our website at www.kletta.com.

42. Kletta may change any part of these Terms and Services (forming an integral part of the Agreement), including but not limited to including fees, limits and limitations (the “Amendment”).

43. When the Amendment is made, Kletta will prevent you from using Kletta App until you accept the Amendment. Your use of any services through Kletta App will be prevented with immediate effect and they will remain suspended until you accept the Amendment.

44. If any part of this Agreement is inconsistent with any regulatory requirements then we will not rely on that part but treat it as if it did actually reflect the relevant regulatory requirement. If we need to make operational changes before we can fully comply with the new regulatory requirement, we will make those changes as soon as reasonable. We will update our Agreement to reflect the new regulatory requirements.

TERMINATION OR SUSPENSION

45. We may at any time without prior notice to you terminate this Agreement and/ or suspend the use of Kletta Account of Kletta with immediate effect in case :

A. if you fail to accept the Amendment (please see 41, 42, 43 and 44 above). or

B. if you have breached the Agreement, or if we have reason to believe that you have used, or intend to use the Kletta App in a grossly negligent manner or for fraudulent or other unlawful purposes or

C. if we can no longer process your transactions due to the actions of third parties, or.

D. we discover any of the information that you have provided to us when applied for your Kletta Account was incorrect; or

E. we believe that this is necessary for security reasons; or

F. we suspect or to prevent suspected unauthorized or fraudulent use of your Kletta Account or App, or any security credentials related to Your Kletta Account or App; or

G. any regulatory obligations require us to do so; or

H. you have breached this Agreement or we have reason to believe that you have used, or intend to use the Kletta Account or the Kletta App credentials in a grossly negligent manner or for fraudulent or other unlawful purposes or if we cannot process any transactions due to the actions of third parties.

46. We may advise anyone involved in the transaction if a suspension has taken place.

47. In the event that any additional fees are found to have been incurred on your Kletta Account following termination by either you or us, then subject to this Agreement, you shall refund to us any sum which relates for example to fees and/or charges validly applied whether before or after termination as well as any tohey money owed to us. We will send an invoice to you and will require you to refund us immediately. Should you not repay this amount immediately after receiving an invoice from us we reserve the right to take all steps necessary, including legal action, to recover any monies outstanding.

OUR LIABILITY

48. Our liability in connection with this Agreement (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) shall be subject to the following exclusions and limitations:

A. we shall not be liable for any default resulting directly or indirectly from any cause beyond our control, including but not limited to a failure of data processing systems;

B. we shall not be liable for any loss of profits, loss of business, or any indirect, consequential, special or punitive losses;

C. where the Kletta App is faulty due to our default, our liability shall be limited to replacement of the Kletta App.

49. Nothing in this Agreement shall exclude or limit our liability for

A. death or personal injury resulting from our negligence or

B. fraud or fraudulent misrepresentation or

C. any other liability which may not be limited or excluded by law.

50. To the extent permitted by law, all conditions or warranties implied by law, statute or otherwise are expressly excluded.

51. The above exclusions and limitations set out in this paragraph shall apply to any liability of our affiliates, and other suppliers, contractors, agents or distributors and any of their respective affiliates (if any), to you, which may arise in connection with this Agreement.

52. In the event of suspected or actual fraud or security threat to your Kletta App or Kletta Account, we will use SMS, telephone, post, email or another secure procedure to contact you. We may ask you to verify your identity for security purposes.

YOUR INFORMATION

53. You may provide us with your information from time to time in connection with your Kletta Account. Some information will be necessary for us to provide you with the Kletta Account and services under this Agreement. You must update any changes to your information via the Kletta App or contacting Kletta Customer Services by an email to support@kletta.com.

54. We and our affiliates are committed to maintaining your information in accordance with the requirements of applicable data protection laws and will take all reasonable steps to ensure that your information is kept secure against unauthorized access, loss, disclosure or destruction. Except as required by law, or in accordance with this Agreement, your information will not be passed to anyone without your permission unless otherwise stated in the Privacy Policy. We can at any time request evidence of identity from you and may use an ID verification agency or credit reference agency (whose names and addresses will be provided to you on request) both prior to and following issue of your Kletta Account for this purpose and who will add details to your record of our request for a search. Please see the Privacy Policy for more details.

55. You acknowledge that we can use your information in connection with your Kletta Account, and to enable us to review, develop and improve our products and services. This may involve providing your information to our partners, affiliates, agents, distributors and suppliers to process transactions and for their statistical research and analytical purposes. We may also transfer your information outside of the EEA to enable you to use your Kletta App while traveling or as permitted by law. We may also disclose your information as required by law, regulation or any competent authority or agency to investigate possible fraudulent, unlawful or unauthorized activity. Please see the Privacy Policy for more details. Please see the Privacy Policy for more details.

56. You may contact us at any time to request us to stop such use or further disclosure to other companies for such use. Please see the Privacy Policy for more details.

57. You have a right to inspect the information we hold about you. For further information, please refer to our privacy policy and you may contact us through our Customer Services by email to support@kletta.com to exercise any of your rights. Please see the Privacy Policy for more details.

58. If we discover that the information we hold about you is incorrect, we may have to suspend or cancel your use of Kletta Account and Kletta App until we can establish the correct information, in order to protect us both. Please see the Privacy Policy for more details.

59. If you allow or give consent to an Intermediary Payment Service Provider to access your Kletta Account to provide their services to you, you should know that we have no control over how an Intermediary Payment Service Provider will use your information nor will we be liable for any loss of information after an Intermediary Payment Service Provider have access to your information. Please see the Privacy Policy for more details.

60. You consent to us in using your information to provide payment services to you. If you withdraw this consent, we will stop providing payment services but may still use your data or information where we have lawful grounds to do so, for example because we need to retain records for regulatory purposes. Please see the Privacy Policy for more details.

COMPLAINTS PROCEDURE

61. For banking issues you should contact your bank in the first instance. You can at any time also contact Kletta Customer Services by email to support@kletta.com or Token (or any other third party payment service provider that Kletta App may be connected to) whose email address is support@token.io.

62. Complaints regarding any element of the service provided by us can be sent to Customer Services by emailing us at support@kletta.com.

63. All complaints will be subject to our complaints procedure. We will provide you with a copy of our complaints procedure upon request and, if we receive a complaint from you, a copy of our complaints procedure will automatically be posted to you.

64. If we fail to resolve your complaint to your satisfaction you may refer your complaint to the Financial Ombudsman Service. Details of the service offered by the Financial Ombudsman Service are available at www.financial-ombudsman.org.uk.

COMPLAINTS PROCEDURE

65. Any delay or failure to exercise any right or remedy under this Agreement by us shall not be construed as a waiver of that right or remedy or preclude its exercise at any subsequent time.

66. If any provision of this Agreement is deemed unenforceable or illegal, the remaining provisions will continue in full force and effect.

67. You may not assign or transfer any of your rights and/or benefits under this Agreement and you shall be the sole party to the contract between us. You will remain liable until your Kletta Account is terminated and all sums due under this Agreement have been paid by you in full. We may assign our rights and benefits at any time without prior written notice to you. We may subcontract any of our obligations under this Agreement.

68. No third party who is not a party to this Agreement has a right to enforce any of the provisions in this Agreement.

This Agreement contains the information set out in Schedule 4 of the Payment Services Regulations 2017 and you can obtain a copy of this Agreement at any time by visiting the Kletta App or the Website.

The Financial Services Compensation Scheme is not applicable for this Kletta Account. No other compensation schemes exist to cover losses claimed in connection with your Kletta Account.

The terms of our Privacy Policy and Cookie Policy as applicable from time to time, available at https://www.kletta.co.uk/privacy-policy and https://www.kletta.co.uk/cookie-policy respectively are incorporated into this Agreement.

The Kletta App or the Website may contain links to third-party websites (“Third-party Sites”). Third-party Sites are not under our control, and we are not responsible for and do not endorse their content. You will need to make your own independent judgment regarding your interaction with any third-party sites, including the purchase and use of any products or services accessible through them. We shall have no liability to you in connection with any third-party sites.

This Agreement is governed by English law and you agree to the exclusive jurisdiction of the courts of England and Wales.