Terms and conditions (end user licence agreement)

Please read these terms and conditions carefully before using this site.

These terms were last updated on 21st March 2024. 

1.1 We are Auderli Limited (‘Auderli‘/‘us‘/‘our‘/‘we‘), a limited company incorporated in England and Wales registered with number 11818553 and with our registered office at 2nd Floor, Stanford Gate, South Road, Brighton, East Sussex, BN1 6SB, United Kingdom, and the creators of Auderli.

1.2 You will be provided the Services through our native or web application (including the content) which will be called the ‘Services’ and they are detailed in clauses 10 and 12 of these terms.

1.3 To contact us you can find our information under clause 9 below.

2.1 Whether you are the owner of a User Account for yourself or are a Collaborator on a User Account, we hereby grant you the right to access and use the Services (based on your subscription type and the level of access you have been granted by the owner of the User Account), as long as you follow all the rules described in these terms. The licence:

(a) is only for you personally and for non-business use;
(b) starts when you first access the Services;
(c) is for specific, limited use and can be cancelled by us;
(d) can only be used in the United Kingdom and by those who are over 16;
(e) is non-transferable; and
(f) covers content, materials, or services accessible through using the Services, including all of our support resources (Documentation). It also covers updates to theServices, unless they come with separate terms, in which case we will give you an opportunity to review and accept the updated terms.

2.2 The Services are created in accordance with UK standards and regulations. As legal and compliance landscapes vary globally, we cannot assure full alignment with each country’s individual requirements and currently we do not represent that content available on or through the Services are appropriate for use or available in other locations and we assume no liability for unauthorised or non-compliant use outside the United Kingdom.

3.1 Our Privacy Policy which you can find at https://www.auderli.com/legal/privacy.

3.2 Google's Terms of Service which are relevant due Our App's address lookup functionality via the Google Maps API.
3.3 Third-party Appstore Terms such as Apple or Google stores (dependant on which way youchoose to access our Services). You will have access to those terms on the device and in thestore, you download it. Please note that we have no control whatsoever over the particularthird-party’s terms.

4.1 Protecting your personal information is important to us. The way we use your personal data which we collect from the Services are explained in our ‘privacy notice’ at https://www.auderli.com/legal/privacy . We do not use any personal data we collect through your use of the Services other than in the ways set out in our privacy notice.

4.2 If you are a Collaborator who has been invited to use the Services by the owner of a User Account and see someone else’s Life Portfolio Data, any data you upload or amend will also be shared with all Collaborators within that inviting user’s account (which may include data such as your name).

5.1 By using the Services, you agree to us collecting and using technical data from you, that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the Services as outlined in our ‘cookie notice’ which can be found at https://auderli.com/legal/cookies.

6.1 You will not, and will not attempt to:
(a) copy, reproduce, publish, distribute, redistribute, broadcast, transmit, modify, adapt, alter, edit, extract, store, archive, display publicly or to third parties, sell, license, lease, rent, assign, transfer, disclose (in each case whether or not for charge) or in any way commercially exploit any part of any Services;
(b) permit any (direct or indirect) use of the Services (or any part of it) in any way by any other/ third party (including, without limitation, use it in connection with the internet or any timesharing or service bureau, software as a service, outsourced or other similar service or making any services (or any part) available to any third party);
(c) create derivative works or improvements based on:
(i) any software or applications used by or on behalf of us to provide the Services; or
(ii) the Services (or any part of it);
(d) permit any Services or application(s) (or any part) to become incorporated into any other program or service or to be combined or merged with any other program;
(e) attempt to reverse engineer, observe, study, or test the functioning of, decompile or otherwise derive or access the source code of the applications;
(f) create any software that is substantially similar in its expression and use as the Services;
(g) remove, alter, obscure, translate, combine, supplement, or change any trademarks, terms, warranties, disclaimers, or Intellectual Property Rights, proprietary rights or other symbols, notices, marks, or serial numbers on or relating to the services;
(h) use the Services (or any part of it) for any other purpose than intended;
(i) release, publish or make available any results of its assessment of the Services (including, but not limited to, any data regarding availability, functionality, faults, or performance) in any format, including screenshots, pictures, or videos, publicly or to
any third party;
(j) use the Services (directly or indirectly) for any purpose or in any way that:
(i) is unlawful under any applicable law (including, without limitation, all laws relating to privacy, data protection and use of systems and
communications);
(ii) is in breach of these terms;
(iii) disrupts, disables, interferes with, or otherwise hinders the operation of the services (in whole or in part) in any way or the operations, business or systems of any person or entity;
(iv) infringes any Intellectual Property Rights (as defined in clause 15);
(v) contains any virus, disabling code or malicious software (including, but notlimited to, malware, trojan horses, ransomware, and spyware);
(vi) collect or harvest any information or data from any service or our systems or attempt to decipher any transmissions to or from the servers running any service.

6.2 You must not:
(a) use the Services (directly or indirectly) to store, transmit or process in any way any data or Life Portfolio Data (as defined in clause 24) that:
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(i) is unlawful, obscene, indecent, threatening, harassing, racially or ethnicallyoffensive, libellous, or defamatory; or
(ii) harms or may endanger any person, whether emotionally or physically;
(iii) can be perceived as slander, intimidation, or bullying;
(iv) has an objective to extract personal information from a User;

provided that nothing in these terms excludes any of your rights under applicable law which cannot be excluded or limited by agreement.

7.1 If you use the Services in a way that breaches this agreement or the law, and this leads to legal claims or expenses for us (except those due to our own mistakes or negligence), you agree to cover those costs. This does not include any issues related to personal injury or death. We will do our best to notify you if such a situation arises.

7.2 You will remain responsible for the activities (on your User Account) of the Collaborators thatyou invited.

8.1 To use the Services you are required to have a desktop computer, Apple or Android device, with a modern web browser. You are also required to have an active and reasonably reliable/stable internet connection.

9.1 If you need to get in touch with us, you can use any of the following methods:
On our website: Our support pages
Email: support@auderli.com
Post: 2nd Floor, Stanford Gate, South Road, Brighton, East Sussex, BN1 6SB, United Kingdom
Telephone: 020 8079 0222

9.2 If we need to get in touch with you, we will do so by email.

9.3 If you think the Services are faulty or misdescribed or wish to contact us for any other reason, you may do so by email.

10.1 Our Services are offered in terms of the following subscription plans:
(a) The Starter Plan is a free version and Stores up to 10 Life Portfolio Data documents. Collaborators can view and download Life Portfolio Data but will not be able to upload or modify it on this plan. You are always fully in control of giving and revoking access to Collaborators. The subscription period starts on first access of the Services after agreeing these terms and lasts until terminated.
(b) The Essential Plan is our paid version. There are monthly or annual subscription options and payments will be initiated via our 3^rd party payment gateway (https://stripe.com/) (Stripe). On this version you can store unlimited Life Portfolio Data documents and it allows Collaborators to view, and modify the data (always with your express consent and in your control to change these permissions). This starts when you have paid for a subscription period until the end of that period or renewal period or until cancelled.

10.2 We do not offer refunds on Services.

11.1 You can upgrade/downgrade your chosen plan by e-mailing us at support@auderli.com or by using the specified functionality of the Services as set out below.

11.2 Starter to Essential (monthly/annual): Upgrades are possible at any time, with immediate effect from the payment date for the initial month or year through Stripe.

11.3 Essential (monthly/annual) to Starter: Downgrades to the complimentary plan may be initiated at the end of the then-current subscription period, with no subsequent charges through Stripe.

11.4 Monthly to Annual Essential Plan: Conversion is possible at any time, with effect at the end of the then-current monthly subscription period with the annual subscription starting from such date.

11.5 Annual to Monthly Essential Plan: Conversion is possible at any time, with effect at the end of the then-current annual subscription period.

12.1 We may update the Services from time to time for any reason that includes fixing bugs or improving performance, functionality, reflect changes to the operating system or address security issues.

12.2 We might also change or remove functionality, but if we do that, we will ensure that the Services still meet the description provided to you at your first use.

12.3 We may tell you beforehand if there is scheduled maintenance. However, you may not get any warning if the services go down due to emergencies or reasons beyond our control. No uptime is guaranteed.

12.4 Updates will happen automatically and we have the right to modify the features and functionality at any time but will not be under any obligation to do so.

13.1 User account. You will be required to set up an account with us (User Account) if you wish to use and access the Services. To obtain a User Account, you are required to complete a registration process. You hereby represent to us that all information submitted to us during the registration process is accurate, your own information is true, and you undertake to keep your registration information up to date.

13.2 Responsibility for your User Account. To keep your User Account secure, we will send a one-time passcode (OTP) to your email or phone every time you log in to the  Services. You are responsible for maintaining the confidentiality of your User Account and for restricting access to your device, your e-mails, and your User Account. This includes keeping your User Account details secret such as your User Account ID and any OTP and not allowing other users to use your User Account or access your e-mails. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised. You must log off each time at the end of the session. We will bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these terms and you indemnify us against all costs, losses or expenses that may arise from your failure to protect your User Account in accordance with these terms.

13.3 Responsibility for User Accounts. You are responsible for all use of your User Account, including all purchases and online conduct (except where such use is directly due to our error). This includes the use of your User Account by a Collaborator that you invited. You may be liable for unauthorised usage of your User Account because of failing to keep your information secure. If you believe you have been a victim of crime in relation to the  Services (including any fraudulent activity on your User Account) you should immediately contact us.

13.4 Collaborators/Invited Users. As part of the Services, you will be able to share your Life Portfolio Data with individuals such as your spouse, friend, beneficiary, or a trusted third-party advisor such as your accountant or your lawyer (each a Collaborator/Invited User). Note that:

(a) Collaborators may be required to set up their own User Account, accept these terms, and must accept an invitation you send them through the Services. You as the inviting user, maintain control over these access privileges and can revoke access or restrict what a Collaborator may do or see on your User Account at any time using the settings within the Services.
(b) If you opt to share information with a Collaborator who is a professional advisor, such as a solicitor or their firm, you acknowledge that your information will be accessible to the (entire) organisation, and not exclusively to your individual advisor.
(c) The ability for a Collaborator to edit or modify your Life Portfolio Data depends on the subscription plan you have chosen (as outlined in clauses 10 and 11). Some plans may restrict Collaborators to view-only access for instance. You will bear all risk in such a Collaborator acting in your best interest and with your consent and we will have no liability for any claims arising (of whatever nature) due to the access and permissions granted by you (such as an incorrect or false document being uploaded) to you, your heirs, successor in title and representatives.
‍(d) Please only invite people you trust to become a Collaborator on your User Account and please note that if you disclose your Life Portfolio Data to a Collaborator or to any other third party you do so entirely at your own risk, and we will bear no liability for any harm, loss or damage resulting from such disclosure or access given by you which will include if you lose your device(s) or if someone gains unauthorised access to your device(s) or if someone amends any of the Life Portfolio Data without your consent.

13.5 If you are an invited Collaborator. Collaborators understand and agree that, should you accept a request to become a user on another person’s User Account, all users and Collaborators on that User Account will be able to see any data you upload as well as your details provided without any further consent from you.

14.1 As a Collaborator you agree that you will only act on the direct instruction and agreement/consent of the account holder of the User Account you were invited to.

14.2 Closure or suspension of your User Account. We hope it will not be necessary, but if there is a significant problem or if you breach these terms, we might need to close or suspend your User Account. This could be done at our discretion and potentially without advanced notice. If this happens, you may not be able to access the content, materials, and information you have added to the  Services, and your use of the Services may be limited or stopped. We would always prefer to resolve issues amicably, so we will do our best to contact you before taking such steps.

15.1 In this Agreement Intellectual Property Rights means any and all copyright, rights in inventions, patents, know-how, trade secrets, trademarks and trade names, service marks, design rights, rights in get-up, database rights, domain names and all similar rights and, in each case: whether registered or not; including any applications to protect or register such rights; including all renewals and extensions of such rights or applications; whether vested, contingent or future; and wherever existing.

15.2 All Intellectual Property Rights in and to the Services (including, among other things, in all related Documentation, content and data other than Life Portfolio Data) belong to and will remain vested in us or the relevant third-party owner. This is generally everything we have put into the Services, unless owned by others.

16.1 If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these terms 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, both we and you knew it might happen.

16.2 We are not responsible for any charges you may have to pay for using the internet on your device while using the Services.

16.3 Our total liability to you for all losses arising under or in connection with the Services, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, will not exceed the total sums paid by you to us in the 6 months immediately preceding your claim.

17.1 The Services are for personal use ONLY. If you use the  Services 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.

18.1 If the Services damage your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you as specified in clause 16.3. This is the most we can offer based on what the Services costs and its risks. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.

18.2 However, we will not be liable for damage that you could have avoided by 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 to have in place the minimum system requirements advised by us.

19.1 The Services may enable you to access services and websites that we do not own or operate (referred to below as ‘external services’).

19.2 Such external services 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). Before using them, please make sure you have read and agreed to the terms on which they are being offered to you.

19.3 You must not use external services in any way that:

(a) are inconsistent with these terms or with the terms of the external service; or
(b) infringes our intellectual property rights, or the intellectual property rights of any third party.

19.4 From time to time, we may change or remove the external services that are made available through the Services.

20.1 Nothing in these terms 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.

21.1 While we will do everything we can to make the Services available 24/7, we cannot make any guarantees or promises beyond what is permitted by law. This means we cannot promise that the Services, from time to time:
(a) will run without any interruption or error;
(b) be available, up-to-date, or maintained;
(c) work with specific software, hardware, or systems;
(d) be completely secure, however, the Services have been developed with your security as priority and we comply with the highest standards such as:
(i) All systems that guard your data uses a 256-bit Advanced Encryption Standard;
(ii) Your name and email address are stored securely in a database that is totally separate to the database that stores your important information;
(iii) We use Secure Socket Layers encryption to protect data in transit between our  Services and our servers;
(iv) Our applications and infrastructure are stress tested multiple times a day for security vulnerabilities;
(e) always meet your needs (even if you have let us know what you need).

21.2 All warranties, conditions, terms, undertakings, or obligations (whether express or implied) and including, without limitation, any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the fullest extent allowed by applicable law.

22.1 We welcome your feedback and suggestions to improve our Services. When you share your feedback or suggestions with us, we might use them to enhance our Services, develop new features, or for other business-related purposes, all without any charge. You hereby assign (or will ensure the assignment of) all Intellectual Property Rights in the Feedback with full title guarantee (including by way of present assignment of future Intellectual Property Rights), and with waiver of all moral rights, to us at the time such Feedback is first provided to us.

22.2 To respect your privacy, any feedback used in such a way will be made anonymous to protect your identity. You may refer to our privacy notice for more information on how we secure your data.

23.1 Services may include various sample data made available by us (the ‘Sample Data ‘). Where such data is provided, references in this agreement to the Services will be read to include reference to the Sample Data.

24.1 Services may permit you to input certain data such as your assets (any real property, personal property or intangible property you own), details of your bank accounts or any cryptocurrency you hold, and any pensions or insurance policies you hold as well as your liabilities such as any mortgages, bank loans, car loans or credit card debts (‘Life Portfolio Data‘);

24.2 Subject to clauses 12 and 18, Life Portfolio Data will at all times remain your property or that of your licensors. You will ensure (and are exclusively responsible for) the accuracy, quality, integrity, and legality of your Life Portfolio Data;

24.3 We will have the right to permanently delete or otherwise remove, delete, or suspend access to any data and Life Portfolio Data and/or disclose Life Portfolio Data to law enforcement authorities at any time (in each case without the need to consult you).

24.4 We are not required to store or retain any Life Portfolio Data during or after the use of Services.

24.5 After your death. After your death, your Auderli account will be accessible (on a view only basis) to:
(a) your existing collaborators (up to the date we are advised of your death); and
(b) your appointed Executors (we will require the grant of probate/administration and other official documents) for 12 months from date of death, free of charge.

25.1 Once you have entered your Life Portfolio Data, the  Services may use this data to calculate an estimated value of your estate or to approximate potential tax liabilities. However, please be aware that such calculations or results are for general information purposes only, they should not be relied upon as tax, accounting, or legal advice and you should not rely on such content under any circumstances, and you should seek advice from a qualified professional person acting in that role. Although we make reasonable efforts to update the information on the  Services, we make no representations, warranties or guarantees, whether express or implied, that the calculations on the  Services are accurate, complete, or up to date.

26.1 We may monitor, collect, store, and use any information about or relating to the Services and store the Life Portfolio Data in line with our Privacy Notice that can be found at  https://www.auderli.com/legal/privacy-notice. (including, without limitation, information on their performance and use) to monitor for or detect breaches of this agreement or errors and for the maintenance, development, and improvement of our Services.

27.1 You will comply with all applicable export control laws that apply to the Services and your data. You will not export, access, use, transmit, or re-export, directly or indirectly, separately or as a part of a system, the Services or any data or Life Portfolio Data (or any part of it) in or to any country or territory for which an export licence or other approval is required under the laws of the United Kingdom, the European Union or any of its member states or any other jurisdiction, without first obtaining all necessary licences or other approvals.

28.1 We can end this agreement if you do not comply with any part of it.

28.2 We will give you a reasonable amount of notice before the agreement ends but if what you have done is serious then we may end this agreement immediately and without advance notice to you. ‘Serious’ means that you are causing harm (or attempting to cause harm) to other users, interfering with the operation of the Services or doing anything else that we think presents a big enough risk to justify us ending the agreement quickly.

28.3 The consequences of the agreement ending are as follows:
(a) you are no longer allowed to use the Services and we may remotely limit your access to it;
(b) you must delete it from any devices that it has been installed on;
(c) we may delete or suspend access to any accounts that you hold with us;
(d) you will not be entitled to a refund.

28.4 Termination or expiry of this Agreement will not affect any accrued rights and liabilities of either of us at any time up to the date of termination and some clauses will continue such as confidentiality and intellectual property rights.

29.1 If you are using the Starter plan you may stop using the Services at any time without giving us notice.

29.2 If you are using the Essential plan and you are a consumer for purposes of the Consumer Contract Regulations 2013 (excluding if you have downloaded an app onto your device):
(a) you may end our contract at any time by contacting us and deleting the Services from all devices if:
(i) you want to exercise your 14-Day Cooling Off Period as a consumer, from the date you first received the Services/made the payment for the Services (whichever is the earlier). You can notify Us at support@auderli.com before the 14 days end. You may use the standard form that we have attached to these Terms (Schedule A), or you can merely send us a clear statement, stating that you are cancelling in terms of Your 14-day cooling off rights and providing the details of when and where you purchased the services.
(ii) we breach these Terms materially or repeatedly and if it is a breach that can be corrected, we fail to put it right after you have notified us of that breach and given us a reasonable opportunity to do so;
(b) If you end our contract because we breach it, you may be entitled to compensation for the loss you incur as a result of us breaching our contract;
(c) if the Services are faulty or misdescribed, you may have a legal right to end our contract or to get it fixed or replaced, or re-performed, or to get some or all of your money back;
(d) Excluding your above rights, you may end our contract at any time by contacting us and deleting the Services from all devices if:
(i) we breach these Terms materially or repeatedly and if it is a breach that can be corrected, we fail to put it right after you have notified us of that breach and given us a reasonable opportunity to do so.
(ii) other than as stated above, you can cancel at any time by e-mailing us at support@auderli.com or by using the specified functionality within the Services:
(A) if you are on the Essential (monthly) plan you will still be able to access the benefits of the Essential (monthly) plan for the remainder of the then current monthly term, after which time you will be automatically downgraded to the Starter plan, note that no refund of any charges you have paid will be given in this case; and
(iii) if you are on the Essential (annual) plan you will still be able to access the benefits of the Essential (annual) plan for the remainder of the then current annual term, after which time you will be automatically downgraded to the Starter plan or cancelled in line with your request.

30.1 The Services relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device, and any third-party App store, are entirely outside of our control. Although we will do everything, we reasonably can, to resolve issues, we are not responsible to you if you are unable to use all or any part of the  Services due to a poor internet connection, faulty components in your device (such as a faulty camera for instance), App store failure or anything else that it would not be reasonable to expect us to control.

31.1 We may need to revise these terms from time to time for any reason including to reflect changes in the Services’ functionality, to deal with a security threat or if there is a change in the law or guidance.

31.2 You will be asked to agree to any material changes in advance by email. If you do not accept the changes, you will not be able to continue to use the services.

32.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these 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.

32.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

32.3 Nobody else has any rights under this contract. This contract is between you and us. No other person will have any rights to enforce any of these Terms.

32.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these 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.

32.5 If one party (you or us) does not use their legal rights or powers or follow this agreement, it does not mean they are giving up those rights or powers, or that they cannot use them in the future. Also, if one party only uses part of their rights or powers, it does not stop them from using the rest later or using other rights and powers.

32.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law, and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

32.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome, you can still bring legal proceeding.

SCHEDULE A
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Example Cancellation Letter (Consumer Contracts Regulations 2013)
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Auderli Limited
2nd Floor, Stanford Gate, South Road,
Brighton,
East Sussex, BN1 6SB
‍
By email: support@auderli.com
‍
I/We _______________________ hereby give notice that I/We _____________________ hereby cancel my/our contract of sale for the supply of the following service:
____________________________________________________(provide details such)

Ordered on ______________/received on ____________________,
‍
Name:

Address:

Signature:_____________

Date: