Terms of Service

LAST UPDATED: December 12, 2023

These terms of service (the “Terms”) tell you the terms on which you may access and use the budgeting and personal finance management services that XPENSES makes available through our website and mobile applications available through various third party app stores (the “App”), the website xpenses.app (our “Site”), and any associated content, including receipt of educational materials and communications to manage your subscription, functionality and services, or as otherwise notified to you by XPENSES from time to time (together the “Services”).

These Terms should be read alongside our Privacy Policy.

1. About XPENSES

The Services are provided by Xpenses.app (“XPENSES”) and having its principal place of business at Ana Frank, 20, 28342, Valdemoro, Madrid, SPAIN.

2. How to Contact Us

You can contact us in the following ways:

by email at: help@xpenses.app or
through the chat facility available on our Apps and Site.

3. How We Will Contact You

We contact you by email using the details you provided when creating your account. As such, you must notify us as soon as possible if any of your details change.

We may also contact you by sending in-app messages or notifications to your device.

4. Your Account and Password

You must be 16 or older to create an account with us.

You may use the Services for personal use only and not for any commercial purpose, unless XPENSES has given its prior written consent to such usage. For the purposes of these Terms, ‘personal use’ is limited to activities which are carried out for purposes wholly or mainly outside your trade, business, craft or profession.

You must provide accurate and complete information when creating your account and keep your account information updated. We may suspend or terminate your account and access to the Services if we determine that any information provided is not accurate or current.

You are responsible for maintaining the confidentiality of your account details, including your passwords or any other piece of information that forms part of our security procedures. You authorize us to act on instructions received under your account and we will not be liable for any loss that you might suffer through following such instructions whether by you or another person.

You must contact us immediately if you believe that your account has been compromised or if you believe that the security of your account is at risk. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.

You are responsible for all activity under your account even if someone else uses your account.

5. The Services

Once you have created your account using your email address, you can access the Services via the App and our Site in the following ways:

You can use the Services free of charge for the trial period available to you during the onboarding process (the “ Trial Period”). Depending on whether you purchase a subscription to use the Services (a “ Subscription”) directly through us or through a third party application marketplace such as, by way of example, the Apple App Store or the Google Play Store (each such marketplace an “ App Store”), the length of the Trial Period may vary, and your applicable Trial Period will be notified to you at the time of signing up. During your Trial Period, you will have full access to the Services, as well as access to customer support, transaction aggregation services, etc.
After the Trial Period, you can continue using the Services by purchasing a Subscription for an additional time period communicated to you via the Services or the applicable App Store from which you downloaded the App e.g., monthly or yearly subscription (the “ Subscription Period”).
Unless specifically stated otherwise, any new features, services or software applications introduced shall be subject to these Terms.

7. Subscriptions

Subscription prices are available here: https://xpenses.app/pricing .

The following conditions apply to Subscriptions:

Payment:

Payments for Subscriptions are due upfront at the beginning of the Subscription Period and will be charged to you on the first day of each Subscription Period.

We do not collect or store any of your payment information. Payment of subscription fees is managed by our third party partners and will be subject to their terms.

When you purchase a Subscription, you will only be permitted to cancel your Subscription as set out below. Subscriptions purchased via third party app stores will be subject to the relevant apps store’s applicable payment policy.

Renewal:

Unless you opt out of auto-renewal for your Subscription which can be done through your account settings, your current Subscription will automatically renew at the end of your current Subscription Period for the same Subscription Period and you will be charged in full for the renewed Subscription. Fees for all subsequent Subscriptions (after your initial Subscription) will continue to be billed to your Payment Method until cancelled. You must cancel your Subscription before it renews in order to avoid billing of the next Subscription Period’s fee to your Payment Method. We will send you an email reminder before you are charged in accordance with this Renewal Section.

XPENSES may increase the price for Subscriptions upon providing you with thirty (30) days’ prior written notice. Any increase to the price will only become effective upon renewal of the Subscription. If you do not agree with the increase, you can choose not to renew your Subscription in accordance with the Cancellation section below.

Cancellation:

If you have purchased your Subscription via our Site, you may cancel your Subscription by using the settings page on our Site or App. Alternatively, you can email us to request cancellation at help@xpenses.app from the email address associated with your XPENSES account. If you have purchased your Subscription via any third party app store, your subscription is managed by that third party app store and will be subject to their terms on cancellation.

You must cancel your Subscription before it renews in accordance with these Terms in order to avoid being charged the subscription fee for the next payment period.

Where you cancel your Subscription before it expires, you will continue to have access to the Services for the remainder of your Subscription period (unless you delete the App), however, you are not entitled to a pro-rated refund for this period.

If you cancel your annual Subscription before it expires and request that your account is deleted, you will be provided a prorated refund for the remainder of your Subscription period (from the date of the deletion of your account). If you cancel your annual Subscription but your account is not deleted, you will not be entitled to such a prorated refund. For Subscriptions purchased via our website, this refund will automatically be issued to your original payment method. If you have purchased your Subscription via any third-party app store, your subscription is managed by that third-party app store and will be subject to their terms on refunds.

Cooling off:

In addition to your cancellation rights set out above, under applicable consumer protection law, you may have the right to change your mind in relation to a Subscription within 14-days of purchasing it, provided you have not received any Services under it (“ cooling off period”).

Please note that you do not have a right to receive a full refund if you have started to receive the Services within the 14-day cooling off period, provided you have been told and acknowledged this. By agreeing to these Terms, you have done both. Once you have signed up to a Subscription you will automatically be given access to the relevant Services, and you cannot rely on your right to cancel and receive a full refund.

8. Your Right to Use Our Service

We grant you a limited, non-exclusive, non-transferable license to use our Services, including installing and using our App on your mobile device for the purposes of accessing and using the Services.

All intellectual property in all Services and all content contained therein (including but not limited to the screen displays, the content, the text, graphics and look and feel of the Services and the website), belongs to us or our licensors. XPENSES’S name, the terms “XPENSES”, “Expenses”, “Pay yourself first”, the XPENSES logo, and all related names, logos, product and service names, designs and slogans are trademarks of XPENSES or its affiliates or licensors. All other trademarks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders’ rights. We do not warrant that the Services do not infringe any intellectual property rights of third parties.

In the event of any claim that the Services or your possession and lawful use of the Services infringes a third party’s intellectual property rights, we will be solely responsible for the investigation, defence, settlement and discharge of any such claim.

You may not reproduce, republish, transmit or distribute any material, information or content on the Services, or that form part of our Services, without our prior written consent. We reserve the right, in our sole discretion and without notice to you, to terminate your license and to prevent future access by you to the App and/or our Site.

When using the Services, you may not:

circumvent, disable or otherwise interfere with any security related features of the App and/or our Site
permit another person to use the Services on your behalf unless such person is authorized by you
use the Services if we have suspended or banned you from using it
use the Services in any way that breaches any applicable local, national or international law or regulation
upload or share content that:
is pornographic or indecent, or that contains extreme acts of violence or terrorist activity, including terror propaganda
is harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive or
violates the privacy or other rights of third parties
advocates bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability or impairment
advocate, promote or engage in any illegal or unlawful conduct, including any criminal activity, or conduct that causes damage or injury to any person
modify, interfere with, intercept, disrupt or hack the Services, other than permitted research as defined by our bug bounty program, as set out in our security policy
misuse the Services by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Services or any user of the Service’s own equipment;
collect any data from the Services other than in accordance with these Terms; or
use any automated system including, without limitation, “robots”, “spiders” or “offline readers” to access the Services in a manner that sends more request messages to the Services than a human can reasonably produce in the same amount of time, (together, referred to as the “ Rules of Acceptable Use” in these Terms).

Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and may result in us taking all or any of the following actions (with or without notice):

immediate, temporary or permanent withdrawal of your right to use the XPENSES Service;
removal of Your Content;
issuing a warning to you; or
disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited and we may take any other action we reasonably deem appropriate.

We reserve the right, in our sole discretion and without notice to you, to terminate your access and to prevent future access by you to the Services.

9. Your Content

The App and/or our Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features that allow you to post, submit, publish, display or transmit to other users or other persons (“ Post”) content or materials on or through the App and/or our Site (“ Your Content”). Where you upload any content and materials, including but not limited to Your Content, the provisions of this section 9 shall apply. These Terms do not give us any rights to Your Content except for the limited rights that enable us to provide the Services.

You must not upload or share content using the App and/or our Site unless you have the right to do so. Your Content that uploaded to any Services by you will be considered non-confidential and non-proprietary.

We are not responsible for Your Content, or any content uploaded to the App and/or our Site by any other user that is not you which may be accessible on the App and/or our Site. You will reimburse XPENSES for any liability it incurs in connection with any third party claim relating to Your Content.

Your Content must comply with the Rules of Acceptable Use set out in these Terms. XPENSES may, in its sole discretion, remove any of Your Content from the App and/or our Site.

Any person may contact us at help@xpenses.app to make us aware that Your Content may infringe their rights or our Rules of Acceptable Use.

10. We Do Not Provide Financial or Investment Advice

The Services are designed to allow you to track and manage information related to your personal finances. Any material we provide through the App and/or our Site or resulting from your use of the Services, including any recommendations or suggestions, is for general informational purposes only and does not constitute financial or investment advice.

All Services provided by us provide information to you based on information entered. You should seek appropriate financial advice before taking any action that may impact on your finances.

XPENSES does not recommend or endorse any specific banking, investment, payment or financial opinions, or other information that may be mentioned on the Services.

The Services we provide are not a substitute for professional or financial advice. We make no warranties in relation to the output or results of our Services.

11. No Warranty

We provide the Services on an “AS IS” and “AS AVAILABLE” basis. We expressly disclaim all warranties of any kind, subject to specific rules in some jurisdictions which do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer.

Although we have taken all reasonable care to ensure that the features and functionalities provided as part of the Services are of a reasonably satisfactory standard, certain features may rely on networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure or delay in the Services caused by events outside our reasonable control.

The Services may contain links to third party websites or resources. XPENSES provides these links and resources only as a convenience and is not responsible for the content, opinions, products, or services on or available from those websites or resources, the links displayed on such websites, or the privacy practices of such websites. We recommend that you read and consider these websites’ privacy policies and terms and conditions before providing any of your personal information. XPENSES is not responsible for the privacy practices or content on third party websites.

We are not responsible for the accuracy of financial data obtained from third-party sites that are displayed or reported through any of the Services. We are also not responsible for and cannot guarantee the accuracy or timeliness of payment accounts we retrieve on your behalf directly, from third party technology providers, from third party financial institutions where your accounts are held, or from third party research/market data providers used to provide the Services.

You agree that your use of the Services is at your own risk. We do not guarantee that the Services will always be available or be uninterrupted. We will not be liable to you if for any reason the Services are unavailable at any time or for any period.

While we take all reasonable precautions to keep the Services free from viruses, corrupt files and other malicious software, we cannot guarantee this. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your device.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in this section 11 may not apply to you.

12. Your Privacy

We need to collect certain personal information from you in order to provide you with the Services.

We take privacy seriously and are committed to ensuring your information is handled appropriately. Please read our Privacy Policy at https://xpenses.app/privacy-policy/ to understand how we collect, use and store information about you.

13. Cancellation by Us

If you are accessing the Services for free during the Trial Period, we may close your account and/or prevent your access to and use of the Services at any time by providing you one month’s notice without liability to you.

If you have purchased a Subscription, we may terminate your Subscription, close your account and/or prevent your access to and use of the Services with immediate effect if:

you breach, or we suspect you are in breach of, the Rules of Acceptable Use set out in section 8 above;
we suspect that you are doing something illegal;
any fees due under these Terms are outstanding for thirty (30) days from the due date; or
in our reasonable opinion, the security or integrity of the Services has been, or may be, compromised or is otherwise at risk.

14. Our Responsibility to You

If the Services fail to meet the standards required by applicable law, please contact us in accordance with 2.1, and the third party app store if applicable, for information as to any refund you may be entitled to.

XPENSES shall only be liable under these Terms for losses which are reasonably foreseeable and caused by XPENSES’s breach of these Terms or XPENSES’s negligence. The Services are intended for private use only. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

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.

In any event, our maximum aggregate liability to you in respect of the Services (whether in contract, tort (including negligence), breach of statutory duty or otherwise) shall in no circumstances exceed the sum of one hundred Great British Pounds (£100).

Nothing in these Terms excludes any statutory rights which may apply to your use of the Services and associated Services which cannot be excluded, restricted or modified by contract.

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.

15. Failures to Networks or Hardware

Although we have taken all reasonable care to ensure that the features and functionalities provided as part of the Services are of a reasonably satisfactory standard, certain features may rely on your device or networks and connections that are beyond our control. We shall therefore not be liable or responsible for any failure to perform, or delay in performance, of any of our obligations to you which are caused by events outside our reasonable control.

16. Updates to the App and/or Our Site

From time to time we may automatically update the App and/or our Site to improve performance, enhance functionality, reflect changes to our products or regulations, or address security issues. Alternatively, we may ask you to update the App or the web browser used to access our App and/or Site for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Services.

17. Changes to These Terms

We may change these Terms from time to time. Any changes we may make to these Terms in the future will be posted on the App or our Site and, where appropriate, notified to you by email. If you do not agree with any updates or changes made to these Terms, you are free to reject them, however that means you will no longer be able to use the Services. By continuing to use and access the Services following such changes, you agree to be bound by any changes we make. Please review this page frequently to see any updates or changes to these Terms.

The latest version of these Terms will always be available on the App and our Site.

18. Viruses

19. Apple App Store Requirements

These Terms are between you and us only and not between you and Apple, Inc (“ Apple”). Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Service.

Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and (where applicable) Apple will refund the purchase price for the App to you. To the maximum extent permitted by law, Apple will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to XPENSES as provider of the app.

You acknowledge and agree that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and/or use of the App, including, but not limited to:

product liability claims;
any claim that the App fails to conform to any applicable legal or regulatory requirement; and
claims arising under consumer protection or similar legislation, and all such claims are governed by these Terms and any law applicable to XPENSES as the provider of the app.

You acknowledge that, in the event of any third-party claim that the app or your use of the App infringes a third party’s intellectual property rights, XPENSES, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You represent and warrant that you are not located in a country that is subject to US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and you are not listed on any US Government list of prohibited or restricted parties.

Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce these Terms as related to your licence of the App against you.

20. Complaints

If you have a complaint or dispute with us relating to the Services, in the first instance, please contact us via help@xpenses.app and we will attempt to resolve the complaint or dispute informally.

If we are unable to resolve your complaint or dispute with you informally, we will suggest an appropriate consumer focused mediation or arbitration dispute resolution service based on the nature of the complaint or dispute and your location.

Whilst you are under no obligation to resolve your complaint or dispute using this service, we would hope that you will use this service as we consider this the most cost effective and appropriate way to resolve complaints and disputes with our users.

21. Legal Stuff

The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions (in whole or part). The whole or part of any provision which is held by a court of competent jurisdiction to be invalid or unenforceable shall be deemed deleted from these Terms.

These Terms are personal to you. You shall not be entitled to assign these Terms in whole or in part to any third party without our prior written consent.

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 these Terms.

Any failure by us to enforce any of these Terms shall not be a waiver of them or limit the right to subsequently enforce any of these Terms.

These Terms shall be governed and construed in accordance with Spanish law. For the resolution of any question related to the validity, interpretation, fulfillment or breach of these Conditions, the parties submit to the Courts and Tribunals of the city of Madrid, expressly waiving any other jurisdiction that may correspond to them by law.