Desktop App Terms and Conditions

Last updated: July 12, 2019

The App and all content found on it are provided on an “as is” and “as available” basis for the sole purpose of providing Recap Technologies Limited with feedback on quality, usability, performance and the identification of defects. Recap Technologies Limited does not give any warranties, whether express or implied, as to the suitability or usability of the App, or any of its content.{' '}

We also draw your attention in particular to clause 17 - OUR TERMS OF APP USE.

Section A: Our terms of app use

1Who we are and what this agreement does

1.1 We, Recap Technologies Limited (company number 11218777, registered in England & Wales) of 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ license you to use:

1.1.1 The Recap desktop application software, the data supplied with the software and any updates or supplements to it (the App);

1.1.2 The App’s related electronic documentation including but not limited to https://recap.io and https://help.recap.io (the Documentation); and

1.1.3 1.1.3 The service you connect to via the App and the content we provide to you through it (the Service),

as permitted in these Terms of App Use.

2Your Privacy

2.1 Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our privacy policy (https://recap.io/privacy) and it is important that you read that information.

2.2 Financial transactions added into Recap are encrypted with the user’s password before being backed up and synchronised to Recap’s cloud infrastructure. Data is encrypted using AES-128-GCM, with keys generated using cryptographically secure random number generators. Recap has been developed with the aim of ensuring that a user’s financial information is not disclosed to anyone but the user.

2.3 Upon our signing up to our service (please see SECTION B, clause 3), a secure backup mnemonic phrase will be generated for you to store in a safe location. The mnemonic is the only mechanism granting you access to your data. If you lose your mnemonic you will lose access to your data.

2.4 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted. Please note also that you are solely responsible for ensuring that your password is strong and that you do not disclose to anyone your password or your mnemonic phrase.

3Additional Terms

3.1 The ways in which you can use the App and Documentation are also controlled by our Purchase Terms, as set out below in SECTION B: PURCHASE TERMS.

4Operating System Requirements

4.1 This App requires as a minimum the Windows 10. macOS or AppImage capable Linux operating systems.

5Support for the app and how to tell us about problems

5.1 Support. If you want to learn more about the App or the Service or have any problems using them please take a look at our support resources at https://help.recap.io.

5.2 Contacting us (including with complaints). If you think the App is not functioning correctly (for example that any data imported from your external trading accounts looks incorrect) or the Service is misdescribed, or you wish to contact us for any other reason, then please email our customer service team at help@recap.io.

5.3 How we will communicate with you. If we have to contact you we will do so by email, using the contact details you have provided to us. You can also contact us using our live customer messaging platform provided by Intercom at https://recap.io.

6How you may use the app, including how many devices you may use it on

6.1 In return for your agreeing to comply with these Terms of App Use you may:

6.1.1 download or stream a copy of the App onto up to 3 (three) devices owned by you and view, use and display the App and the Service on such devices for your personal purposes only.

6.1.2 use any Documentation to support your permitted use of the App and the Service.

6.1.3provided you comply with clause 14 - LICENCE RESTRICTIONS, make up to 3 (three) copies of the App and the Documentation for back-up purposes; and

6.1.4 receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you.

7You must be 18 to accept these terms of app use and download/install the app

7.1 You must be 18 or over to accept these Terms of App Use, download/install the App and subscribe to any part of our Service.

8You may not transfer the app to someone else

8.1 We are giving you personally the right to use the App and the Service as set out above in clause 6 - HOW YOU MAY USE THE APP. You may not transfer the App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

9Changes to these terms of app use

9.1 We may need to change these Terms of App Use to reflect changes in law or best practice or to deal with additional features which we introduce.

9.2 We will give you at least 14 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next start the App.

9.3 If you do not accept the notified changes you will not be permitted to continue to use the App and the Service.

10Updates to the app and changes to the service

10.1 From time to time we may automatically update the App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or changes in law or best practice, or to address security issues. Alternatively we may ask you to update the App for these reasons.

10.2 If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue to use the App and the Service.

11If someone else owns the device you are using

11.1 If you download or stream the App onto any device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms of App Use, whether or not you own the device.

12We may collect technical data about your service

12.1 By using the App or any part of the Service you agree to our collecting and using technical information about the devices on which you use the App and related software, hardware and peripherals, in order for us to improve the App and to provide any Service to you.

13We may collect technical data about your service

13.1 The App or the 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).

13.2 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.

14We may collect technical data about your service

14.1 You agree that you will:

14.1.1 not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Service in any form, in whole or in part to any person without prior written consent from us;

14.1.2 not copy the App, Documentation or any part of the Service, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

14.1.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the App, Documentation or the Service nor permit the App or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Service on devices as permitted in these Terms of App Use;

14.1.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App or the Service 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 App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

(a) is not disclosed or communicated without the prior written consent of Recap Technologies Limited to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective;

(b) is not used to create any software that is substantially similar in its expression to the App;

(c) is kept secure; and

(d) is used only for the Permitted Objective;

14.1.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or any part of the Service.

15Acceptable use restrictions

15.1 You must not:

15.1.1 use the App or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of App Use, nor act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Service or any operating system;

15.1.2 infringe our intellectual property rights or those of any third party in relation to your use of the App or the Service, including by the submission of any material (to the extent that such use is not licensed by these Terms of App Use);

15.1.3 transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Service;

15.1.4 use the App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and

15.1.5 collect or harvest any information or data from the Service or our systems or attempt to decipher any transmissions to or from the servers running the Service.

16Intellectual property rights

16.1 All intellectual property rights in the App, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the App and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the App, the Documentation or the Service other than the right to use them in accordance with these Terms of App Use.

17Our responsibility for loss or damage suffered by you

17.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of App Use, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of App Use or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms of App Use, both we and you knew it might happen.

17.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

17.3 When we are liable for damage to a device or digital content. If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by your failing correctly to follow installation instructions or to have in place the minimum operating system requirements advised by us.

17.4 We are not liable for business losses. The App and the Service are for domestic and private use. If you use the App or the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17.5 Limitations to the App and the Service | We do not offer legal, accounting or financial advice.

17.5.1 The App and the Service are provided for general information only. They do not offer advice on which you should rely.

17.5.2 You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. In particular, you must take your own specialist accountancy, legal and/or financial advice (as applicable) prior to submitting any tax return.

17.5.3 The App provides only guidance on your cryptocurrency wallets and on any gains made or losses suffered for income tax, capital gains tax or other purposes. In particular, please note that your individual tax position can depend on a large number of factors including but not limited to your country of residence, your residence for tax purposes, your income, and any other capital gains or losses you have made: the App simply tracks cryptocurrency transactions.

17.5.4 The App relies on integration with, and pricing data provided by, cryptocurrency exchanges (including for example Coinbase, Kraken, Coinfloor and Bitstamp) and the information from those exchanges being up-to-date and accurate. It also relies on the accurate manual entry by you of any transactions which are not imported from third party trading account platforms (these could include the sale or gift of any cryptocurrency to a friend or family member). We expect you to check that any data which has been transferred to or entered on the App (whether from your trading accounts on platforms run by third party suppliers, or from manual entries) is accurate. If you think that errors have occurred in the inputting by you, or transfer from third party sources, of data, then please contact us as set out in clause 5 - SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS. We are not responsible for any loss or damage that you suffer as a result of errors in inputting or transferring data relating to your cryptocurrency transactions, unless we have failed to use reasonable care and skill.

17.5.5 Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

17.6 Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Service.

17.7 Check that the App and the Service are suitable for you. The App and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Service (as described in the Documentation / https://help.recap.io) meet your requirements.

17.8 We are not responsible for events outside our control. If our provision of the Service or support for the App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any part of the Service you have paid for but not received.

17.9 We are not responsible for loss caused by your failing to safeguard your security. We are not liable to you for any loss you suffer (including but not limited to loss of personal information) which occurs as a result of your use of weak password(s) and/or by your disclosure (willingly or inadvertently) of your account password(s) and/or any mnemonic phrase(s) used for security purposes.

18We may end your rights to use the app and the service if you break these terms of app use

18.1 We may end your rights to use the App and Service at any time by contacting you if you have broken these Terms of App Use in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

18.2 If we end your rights to use the App and Service:

18.2.1 You must stop all activities authorised by these Terms of App Use, including your use of the App and any part of the Service.

18.2.2 You must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this.

19We may transfer this agreement to someone else

19.1 We may transfer our rights and obligations under these Terms of App Use 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 contract.

20.1 You may only transfer your rights or your obligations under these Terms of App Use to another person if we agree in writing.

21No rights for third parties

21.1 This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

22If a court finds part of this contract illegal, the rest will continue in force

22.1 Each of the paragraphs of these Terms of App Use operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

23Even if we delay in enforcing this contract, we can still enforce it later

23.1 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything which you are required to do under these Terms of App Use, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

24.1 These Terms of App Use are governed by English law and you can bring legal proceedings in respect of the App / Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App / Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App / Service in either the Northern Irish or the English courts.

25Alternative dispute resolution

25.1 If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without your having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Section B: Our purchase terms

1These purchase terms

1.1 What these Purchase Terms cover. These are the terms and conditions on which we supply products to you, whether these are services or digital content in the form of a desktop application (the App), as well as the App’s related electronic documentation including but not limited to the https://recap.io and https://help.recap.io (the Documentation). In particular, these Purchase Terms cover the terms of your subscription to Recap’s services (the Service) on either a Launch Pad, Lift-off, Orbit or Moon basis (each being a different Plan), as such Plans are further explained at https://recap.io/pricing.

2Information about us and how to contact us

2.1 Who we are. We are Recap Technologies Limited, a company registered in England and Wales. Our company registration number is 11218777 and our registered office is at 71-75 Shelton Street, Covent Garden, London, England, WC2H 9JQ. Our registered VAT number is GB289641747.

2.2 How to contact us. You can contact us by writing to us at help@recap.io.

2.3 How we may contact you. If we have to contact you we will do so by writing to you at the email address you provided to us in your subscription application.

2.4 "Writing" includes emails. When we use the words writing or written in these Purchase Terms, this includes emails.

3Our contract with you

3.1 How we will accept your subscription application. Our acceptance of your request to subscribe for a Plan will take place when we email you to accept it (the Acceptance Email), at which point a contract will come into existence between you and us.

3.2 If we cannot accept your subscription. If we are unable to accept your subscription, we will inform you of this in writing and will not charge you for the Plan. This might be because of unexpected limits on our resources for which we could not reasonably plan, or because we have identified an error in the price or description of our Service.

3.3 Your Plan number and User ID. We will assign a Plan number and User ID to your subscription request and tell you what it is in the Acceptance Email. It will help us if you can tell us your Plan number and User ID whenever you contact us about your Plan.

4Your rights to make changes

If you wish to make a change to your Plan, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Plan, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 7 - YOUR RIGHTS TO END THE CONTRACT).

5Our rights to make changes

5.1 Minor changes to our Service. We may change our Service:

5.1.1 to reflect changes in relevant laws, regulatory requirements or best practice, or to deal with additional features which we introduce; and

5.1.2 to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of our Service.

5.2 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it that we provided to you before you bought it (save in relation to changes to technical features and/or any enhancements).

6Provision of this service

6.1 When we will provide the Service. During the Plan subscription process, we will let you know when we will provide our Service to you. We will also tell you during the Plan subscription process when and how you can end the contract.

6.2 We are not responsible for delays outside our control. If our supply of the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any part of the Service you have paid for but not received.

6.3 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the Service to you, for example, an email address and, if you subscribe for one of our fee-paying Plans, payment details such as credit card or debit card information supplied when making payment using Stripe. If so, this will have been stated in the description of the Service on our website or in the Documentation. We will not be responsible for supplying the Service late, or for not supplying any part of the Service, if this is caused by your not giving us the information required to make use of your Plan, within a reasonable time of being requested for it.

6.4 Reasons we may suspend the supply of the Service to you. We may have to suspend the supply of the Service to:

6.4.1 deal with technical problems or make minor technical changes to the App;

6.4.2 update the App to reflect changes in relevant laws and regulatory requirements;

6.4.3 make changes to the App as requested by you or notified by us to you (see clause 5).

6.5 Your rights if we suspend the supply of Service. We will contact you in advance to tell you that we will be suspending supply of the Service, unless the problem is urgent or an emergency. If we have to suspend the Service for longer than 3 (three) days in any given period of 30 days, we will adjust the Plan price so that you do not pay for the Service while it is suspended. You may contact us to end the contract for the Service if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 2 (two) weeks and we will refund any sums you have paid in advance for the Service in respect of the period after you end the contract.

6.6 We may also suspend supply of the Service if you do not pay. If you do not pay us for the Service when you are supposed to (see clause 11.4) and you still do not make payment within 7 (seven) days of our reminding you that payment is due, we may suspend supply of the Service until you have paid us the outstanding amounts. We will contact you to tell you that we are suspending supply of the Service. We will not suspend the Service where you dispute the unpaid invoice (see clause 11.7). We will not charge you for the Service during the period for which they are suspended. As well as suspending the Service we can also charge you interest on your overdue payments (see clause 11.6).

7Your rights to end the contract

7.1 You can always end your contract with us. Your rights when you end the contract will depend on the type of Plan you have purchased from us, how we are performing and when you decide to end the contract:

7.1.1 If what you have purchased is not as described, you may have a legal right to end the contract (or to have a service reperformed or to get some or all of your money back). Please see clause 10;

7.1.2 If you want to end the contract because of something we have done or have told you that we are going to do, please see clause 7.2;

7.1.3 If you have just changed your mind about the Service, please see clause 7.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions.

7.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at clauses 7.2.1 to 7.2.4 below, the contract will end immediately and we will refund you in full for any part of the Service which has not been provided and you may also be entitled to compensation. The reasons are:

7.2.1 we have told you about an error in the price or description of the Service for which you have subscribed and you do not wish to proceed;

7.2.2 there is a risk that supply of the Service may be delayed significantly because of events outside our control;

7.2.3 we have suspended supply of the Service for technical reasons, or notify you that we are going to suspend them for technical reasons, in each case for a period of more than 2 (two) weeks; or

7.2.3 you have a legal right to end the contract because of something we have done wrong.

7.3 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these Purchase Terms.

7.4 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of services, once these have been completed, even if the cancellation period is still running.

7.5 How long do I have to change my mind? In respect of our Service delivered in the form of a Plan, you have 14 days after the day we send you our Acceptance Email. If you cancel after we have started to provide the Service, you must pay us for the Service provided up until the time you tell us that you have changed your mind, as set out in clause 8.4.

8How to end your contract with us (including if you have changed your mind)

8.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:

8.1.1 Email. Email us at help@recap.io. Please provide your email address and User ID.

8.1.2 Online. Contact us through our customer messaging platform at https://recap.io. You may be requested to verify your identity via email.

8.2 Ending the contract

8.2.1 If you are on an annual Plan, your contract will automatically end at the end of the fixed 12 (twelve) month period of your Plan and will not renew. You may though tell us that you wish to end the contract early at any point during the fixed 12 (twelve) month period, which will bring the contract to an immediate end.

8.2.2 If you are on a monthly Plan, your monthly Plan fee will be due on such day of each calendar month as is set out in the Acceptance Email (each such day being a Payment Date). You may end the contract by letting us know at least 7 (seven) days before the next Payment Date. If you let us know within that time period, the contract will end with effect from the day immediately prior to the next Payment Date. If you give us less than 7 (seven) days’ notice, the contract will end with effect from the day immediately prior to the Payment Date after the next Payment Date.

For example, if your Payment Date is the 15th day of each month and you give us notice on 1st January 2020 to end the contract, your contract will end on 14th January 2020. If your Payment Date is the 15th day of each month and you give us notice on 12th January 2020 to end the contract, your contract will end on 14th February 2020.

8.3 How we will refund you. If a refund is due to you, we will refund you the price you paid for the Service by the method you used for payment. If you paid us in a cryptocurrency then the cryptocurrency refund will be made by reference to the GBP equivalent of the cryptocurrency as at the time you made payment (at the conversion rate that applied to us or, if none, then at the rate stated by our payment provider). However, we may make deductions from the price, as described below.

8.4 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind pursuant to clause 7.3 (but not otherwise), we may deduct from any refund an amount for the supply of the Service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. We shall be entitled to charge a reasonable administration fee to cover our costs incurred in setting up the Plan.

8.5 Deductions from refunds if you no longer have the right to change your mind. If you are cancelling the contract after the end of the 14 day period set out in clause 7.3, the following shall apply:

8.5.1 If you are on an annual Plan. If you are on a fixed term 12 month Plan, then you will not be entitled to a refund for any remaining period of that 12 month Plan. This is because our fees for annual Plans are set at a lower rate than monthly fees, to take into account that you are subscribed for a longer fixed period.

8.5.2 If you are on a monthly Plan. If you are on a monthly Plan, then you will not be entitled to a refund of fees paid, for the period from giving us notice that you wish to end the contract, up until the point that it ends in accordance with the terms of clause 8.2.

8.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days of your telling us you have changed your mind.

9Our rights to end the contract

9.1 We may end the contract if you break it. We may end the contract for our Service at any time by writing to you if you do not make any payment to us when it is due and you still do not make payment within 14 days of our reminding you that payment is due.

9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 we will refund any money you have paid in advance for any part of the Service we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. For the same reasons as are stated in clause 8.5.1, we will not refund you anything if you are on a fixed term 12 month Plan.

9.3 We may withdraw provision of the App and the Service. We may write to you to let you know that we are going to stop providing the App and the Service. We will let you know at least 30 days in advance of our stopping such supply and will refund any sums you have paid in advance for the Service which will not be provided.

10If there is a problem with the app

10.1How to tell us about problems. If you have any questions or complaints about the App, please contact us. You can write to us at help@recap.io.

10.2Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. Please see the box below for a summary of your key legal rights in relation to the product. Nothing in these Purchase Terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

If your product is digital content, for example a mobile phone app or a subscription to a music streaming service, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:

(a)If your digital content is faulty, you’re entitled to a repair or a replacement.

(b)If the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back.

(c)If you can show the fault has damaged your device and we haven't used reasonable care and skill, you may be entitled to a repair or compensation

Please see also clause 7.3.

If your product is services, for example a support contract for a laptop or tickets to a concert, the Consumer Rights Act 2015 says:

(a)You can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.

(b)If you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.

(c)If you haven’t agreed a time beforehand, it must be carried out within a reasonable time.

Please see also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11Price and payment

11.1 Where to find our Plan prices. The price of the Plans (which includes VAT) will be the price indicated at https://recap.io/pricing when you applied to subscribe for a Plan. We take all reasonable care to ensure that the price of the Plan advised to you is correct. However please see clause 11.3 for what happens if we discover an error in the price of the Plan for which you have subscribed.

11.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between the date you applied for a Plan and the date of our Acceptance Email, we will adjust the rate of VAT that you pay, unless you have already paid for the Service in full before the change in the rate of VAT takes effect.

11.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, the Plans may be incorrectly priced. We will normally check prices before accepting your subscription so that, where the Plan’s correct price at the date you applied to subscribe for a Plan is less than our stated price, we will charge the lower amount. If the Plan's correct price at the date you applied to subscribe for a Plan is higher than the price stated to you, we will contact you for your instructions before we accept your subscription request. If we accept and process your subscription application where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require that you delete the App and all related Documentation from any device onto which the App was downloaded.

11.4 When you must pay and how you must pay. We accept payment with Stripe (Visa, Mastercard, Amex) and Bitcoin. When you pay will depend on the Plan that you are on.

11.4.1 If you are on an annual (12 month fixed) Plan, you must pay in full for the price of the Plan, before we start providing the Service to you under the Plan.

11.4.2 If you are on a monthly Plan, we will invoice you monthly in advance for the Service under the Plan, until the contract ends. You must pay each invoice within 5 (five) calendar days after the date of the invoice.

11.5Currency. We accept payments in GBP, USD and Bitcoin.

11.6 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% (four percent) a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.

11.7 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.

12Our responsibility for loss or damage suffered by you

12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Purchase Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the subscription process.

12.2We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the App as summarised at clause 10.2.

12.3 Damage to a device or digital content. If defective digital content which 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 which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by your failing correctly to follow installation instructions or to have in place the minimum operating system requirements advised by us.

12.4 We are not liable for business losses. We only supply the App and the Service for domestic and private use. If you use the App or the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

12.5 Limitations to the App and the Service | We do not offer legal, accounting or financial advice.

12.5.1 The App and the Service are provided for general information only. They do not offer advice on which you should rely.

12.5.2 You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Service. In particular, you must take your own specialist accountancy, legal and/or financial advice (as applicable) prior to submitting any tax return.

12.5.3 The App provides only guidance on your cryptocurrency wallets and on any gains made or losses suffered for income tax, capital gains tax or other purposes. In particular, please note that your individual tax position can depend on a large number of factors including but not limited to your country of residence, your residence for tax purposes, your income, and any other capital gains or losses you have made: the App simply tracks cryptocurrency transactions.

12.5.4 The App relies on integration with, and pricing data provided by, cryptocurrency exchanges (including for example Coinbase, Kraken, Coinfloor and Bitstamp) and the information from those exchanges being up-to-date and accurate. It also relies on the accurate manual entry by you of any transactions which are not imported from third party trading account platforms (these could include the sale or gift of any cryptocurrency to a friend or family member). We expect you to check that any data which has been transferred to or entered on the App (whether from your trading accounts on platforms run by third party suppliers, or from manual entries) is accurate. If you think that errors have occurred in the inputting by you, or transfer from third party sources, of data, then please contact us as set out in clause 5 - SUPPORT FOR THE APP AND HOW TO TELL US ABOUT PROBLEMS. We are not responsible for any loss or damage that you suffer as a result of errors in inputting or transferring data relating to your cryptocurrency transactions, unless we have failed to use reasonable care and skill.

12.5.5 Although we make reasonable efforts to update the information provided by the App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

12.6 We are not responsible for loss caused by your failing to safeguard your security. We are not liable to you for any loss you suffer (including but not limited to loss of personal information) which occurs as a result of your use of weak password(s) and/or by your disclosure (willingly or inadvertently) of your account password(s) and/or any mnemonic phrase(s) used for security purposes.

13How we may use your presonal information

How we may use your personal information. We will only use your personal information as set out in our https://recap.io/privacy

14Other important terms

14.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Purchase Terms 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 contract.

14.2 You need our consent to transfer your rights to someone else (except that you can always transfer our guarantee). You may only transfer your rights or your obligations under these Purchase Terms to another person if we agree to this in writing. We may not agree if we know that the other person is unable to comply with these Purchase Terms or with our Terms of app use (SECTION A - TERMS OF APP USE).

14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these Purchase Terms.

14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Purchase Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything which you are required to do under these Purchase Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the Service, we can still require you to make the payment at a later date.

14.6 Which laws apply to this contract and where you may bring legal proceedings. These Purchase Terms are governed by English law and you can bring legal proceedings in respect of the App / Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the App / Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the App / Service in either the Northern Irish or the English courts.

14.7 Alternative Dispute Resolution. If you are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without your having to go to court. Disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr.

Contact us

If you have any questions about these Terms, please contact us.