These terms are a contract between Fincate Ltd (trading as Fincate Pro) ("we", "us") and the firm identified at registration (the "Firm", "you"). They govern all access to and use of the Fincate Pro platform and every tool on it (the "Service"), including:
The tools may be subscribed to separately or together; these terms apply in full to whichever tools the Firm uses, including during a free trial. The Service is provided to businesses only — it is not for consumers.
These terms are accepted online. By ticking the acceptance box and clicking "Agree", the individual doing so confirms that they are authorised to bind the Firm, and a binding contract is formed on the version of these terms shown at acceptance. We record who accepted, when, from where, and which version. If we materially update these terms, continued use requires acceptance of the new version; a firm administrator will be asked to accept before the Firm can continue to use the Service.
(a) No advice. The Service is a software tool. It does not provide financial, investment, pension, tax, legal or regulatory advice, and nothing it produces is a personal recommendation. Fincate Ltd is not authorised or regulated by the Financial Conduct Authority and is not an appointed representative of any authorised person.
(b) Drafts only. Every document, report, calculation, comparison, check, prompt or suggestion produced by the Service is a draft working document only. It must be reviewed, checked for accuracy and completeness, amended as needed, and approved by an appropriately qualified and authorised individual at the Firm before it is relied on or provided to any client. Automated checks (including completeness, sense and logic checks and charge calculations) are aids, not assurance — they do not verify the underlying facts, figures or the suitability of any advice. Where the Service asks the person issuing a client document to confirm that they have checked it (a sign-off), that confirmation is the Firm's own approval of the document; we record it for the Firm's records, and it does not mean we have reviewed or checked the document.
(c) Your responsibility. The Firm is solely responsible for: the suitability and accuracy of all advice and documents it gives to clients; compliance with all applicable law and regulation (including FCA rules and the Consumer Duty); the accuracy of all data entered into or imported into the Service (including fact-find and illustration uploads, which pre-complete fields that must be verified against the source documents); and the configuration of its own investment proposition, wording, platforms and charging figures.
(d) No liability for advice. To the fullest extent permitted by law, we accept no liability whatsoever for any advice given by the Firm, any document the Firm provides to a client, any client loss or complaint, or any regulatory finding, fine or award against the Firm, whether or not the Service was used in preparing the relevant advice or document.
(e) Rules, rates and calculations. The Service contains built-in rules, allowances, tax rates and bands, charging structures, platform and provider fee scales (including any providers' published standard rates supplied as a starting point for the Firm's own figures), projections, inheritance tax and cashflow illustrations, and standard wording. These are provided for convenience as at the time they were built; they may be incomplete, simplified, out of date or wrong, and are not a substitute for the Firm's own checks. Projections and illustrations are not forecasts. The Firm must check every figure and rule against the current position and the client's own documents.
(f) Future changes. Legislation, tax rules, regulation, regulatory guidance and product terms change over time. We have no duty to update, review or notify the Firm about any report, review or other document already produced, and no liability where a document produced with the Service is, or becomes, inaccurate or unsuitable because of any such change, whenever it occurs.
(g) Third-party content and assisted features. Data imported from documents, third parties or assisted (including AI-assisted) features, and any provider, fund, platform or market information in the Service, is supplied as-is without verification by us. The Firm must verify it before use.
(h) Your own cover. The Firm is responsible for maintaining its own professional indemnity insurance and regulatory permissions appropriate to the advice it gives.
(a) Users and named advisers. Each subscription includes a number of user logins determined by the plan, and licenses the same number of named advisers. A user login may be held by an adviser, a paraplanner or an administrator of the Firm. Reports are produced under a named adviser on the Firm's licence; a named adviser need not hold a login (for example where a paraplanner prepares reports on an adviser's behalf). Adviser names are fixed within the Service and appear on reports; name changes are made by request to support@fincatepro.co.uk.
(b) No sharing. Logins are personal and must not be shared; only one active session per login is permitted, and signing in elsewhere ends the previous session. Sharing login credentials is a material breach of these terms. You are responsible for keeping credentials (passwords, authenticator apps and passkey devices) confidential, maintaining appropriate security on your own devices, and telling us promptly about any suspected unauthorised access.
(c) Visibility of reports within the Firm. The Service scopes report visibility by role: adviser logins see reports written under their own name, while paraplanner and administrator logins see the Firm's full report library. The Firm is responsible for choosing appropriate roles for its staff.
(a) Rolling 30-day subscription. The Service is supplied on a rolling subscription billed in advance for each 30-day (monthly) period (or yearly, where you choose annual billing), at the plan prices published or agreed with you for the tools you subscribe to. Adding a tool or users takes effect straight away and is charged pro rata; removing a tool or users takes effect from your next billing date.
(a1) VAT. All prices are stated exclusive of VAT. Where we are registered for VAT, VAT is added at the prevailing rate. If we become registered for VAT during your subscription, we will give you at least 14 days' notice and VAT will then be added to your subscription from your next billing date; this is not a price increase under (b).
(b) Prices may change. We may change our prices, plans and discounts at any time. Price changes take effect at the start of your next billing period after at least 30 days' notice (by email or in-Service notice). Percentage discounts (including founding-firm rates) apply to the prevailing standard price from time to time, unless expressly stated otherwise.
(c) No refunds. All fees are non-refundable, including for part-used billing periods, unused seats, or where the Firm stops using the Service. If you are not happy with the Service, you are free to cancel at any time as set out below — cancellation stops future charges but does not entitle you to a refund of amounts already paid.
(d) Non-payment. If a payment fails we may retry it, apply a grace period, and then suspend the Firm's access until payment is made. Suspension for non-payment does not end the contract or the obligation to pay.
You may cancel at any time — online (where billing is via our payment provider) or by emailing support@fincatepro.co.uk. Cancellation takes effect at the end of the current 30-day billing period; access continues until then. We may terminate or suspend the Firm's access immediately on material breach of these terms (including credential sharing or non-payment), or on 30 days' notice for any reason with a pro-rata refund of the unused period in that case only.
(a) The Service will evolve. We may change, add to, improve, or withdraw features of the Service at any time. Where a change materially reduces the core functionality you pay for, we will give reasonable notice, and your remedy is to cancel as set out above.
(b) Availability. We will use reasonable endeavours to keep the Service available and to restore it promptly after any interruption, but we do not guarantee any particular level of availability and the Service is provided "as is" and "as available". The Service may be unavailable during maintenance, upgrades, or due to events outside our reasonable control (including hosting, network or internet failures). We are not liable for any loss arising from unavailability; your data remains protected by our backup arrangements described in the Privacy Policy.
As between the parties, the Firm owns the data it (or its users) enters into the Service, including client data and report content. For client personal data the Firm is the controller and Fincate Ltd is a processor acting on the Firm's documented instructions; our processing commitments (security, encryption at rest, confidentiality, sub-processors, breach notification, deletion) are set out in the Privacy Policy, which forms part of these terms. On termination we will make the Firm's data available for export for 30 days, after which it will be deleted from the live service and thereafter from backup rotation.
Usage statistics. We collect and use aggregated, non-confidential usage statistics — for example counts of reports produced, sign-ins, seats in use, and feature or tool usage — to operate, secure, support, improve and market the Service and to administer the Firm's account (including billing). These statistics are counts and metadata only: they never include client personal data, report content, or the Firm's advice, and statistics published or shared outside Fincate Ltd are aggregated so that no Firm or client is identifiable.
We (and our licensors) own all intellectual property in the Service and its software, templates, designs and documentation. You have a non-exclusive, non-transferable licence to use the Service for the Firm's internal business purposes for the duration of the subscription. You may not copy, extract, scrape, reverse-engineer, resell, white-label to third parties, or make the Service available to anyone other than your licensed users. Reports you generate for your clients are yours; the underlying templates and engine remain ours. Your branding remains yours.
You must not use the Service unlawfully, upload malicious code, attempt to access other firms' data, overload or interfere with the Service, or use it to produce documents for firms or persons not licensed under your subscription. We may suspend access immediately where we reasonably believe this clause has been breached.
(a) Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability which cannot lawfully be excluded.
(b) Subject to (a), we are not liable (in contract, tort, negligence, breach of statutory duty or otherwise) for: any advice given by the Firm or the content of any client document (clause 3); any error, inaccuracy, omission, defect or bug in the Service or in any output, calculation, rule, rate, template or wording, where the Firm was required by clause 3 to check that output before use; any change in law, tax, regulation or product terms (clause 3(f)); loss of profits, revenue, business, clients, goodwill or anticipated savings; loss or corruption of data to the extent caused by the Firm's acts or omissions; regulatory fines, redress, compensation or the cost of past business reviews payable by the Firm; or any indirect or consequential loss.
(c) Subject to (a) and (b), our total aggregate liability arising out of or in connection with the Service (all tools together) in any 12-month period is limited to the fees actually paid by the Firm for the Service in that period, and is nil for any period of free trial or complimentary use.
(d) The Firm will indemnify us against all claims, losses and costs (including reasonable legal costs) arising from claims by its clients, any regulator or any other third party in connection with advice given or documents provided by the Firm, data entered by the Firm, or the Firm's breach of these terms.
(e) Time limit. Any claim against us must be notified in writing within 12 months of the Firm becoming aware (or when it ought reasonably to have become aware) of the facts giving rise to it, and in any event within 12 months of the end of the Firm's subscription; otherwise the claim is waived.
(f) Reasonableness. The Firm acknowledges that our prices reflect the allocation of risk in these terms, that the Service is a drafting aid used by professionals who must check its outputs, and that it has had the opportunity to take its own advice on these terms.
These terms (with the Privacy Policy and any order or plan details agreed with you) are the entire agreement and supersede prior discussions. If any provision is found unenforceable the rest remains in force. We may assign or subcontract; you may not without our consent. No third party has rights under these terms. Notices may be given by email to the Firm's registered admin address. These terms are governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction.
Fincate Ltd (trading as Fincate Pro), Florence House, Mold, CH7 1JW — support@fincatepro.co.uk.