End User Licence Agreement

This agreement is between you and RMPF Consulting Ltd, company number NI727300, of 20 Maxwell Road, Bangor, County Down, BT20 3SQ (“we”, “us”). It is not with Apple Inc. (“Apple”). We, not Apple, are solely responsible for Landfall (the “App”) and its content. By downloading or using the App you accept this agreement. If you do not accept it, do not use the App.

2.1 A modelling tool. The App lets you build financial projections, for example of retirement income, investment growth, costs and charges, and tax, based on information and assumptions you provide, combined with rules and reference data we maintain.

2.2 Not financial advice. The App does not provide financial advice and does not make personal recommendations. Nothing the App shows you, whether a projection, chart, figure, scenario, comparison, label or piece of text, is advice to buy, sell, hold, transfer or switch any investment, pension, insurance or other financial product, or a statement that any product, course of action or level of cost is suitable for you. We are not authorised or regulated by the Financial Conduct Authority, and the App is not designed to be, and is not to be treated as, a regulated advice service.

2.3 Not a substitute for an adviser. A regulated adviser does something the App cannot. They take the time to understand your full personal circumstances, your family, health, goals, obligations and attitude to risk, and they take professional responsibility for a recommendation. The App does neither. For a significant financial decision, a financial adviser regulated by the Financial Conduct Authority can advise you. Free, impartial guidance backed by government is also available from MoneyHelper (moneyhelper.org.uk), provided by the Money and Pensions Service.

2.4 Not tax, legal or accounting advice either. The App applies published tax and benefit rules to your inputs. It does not advise you on your tax affairs. Rules change, and their application to any individual can depend on facts the App does not hold.

2.5 Projections are estimates. All outputs are illustrations built from assumptions about investment growth, inflation, charges, tax rules, contribution patterns, longevity and more. Some assumptions are yours and some are ours. Some, which the App labels, are ranges drawn from industry data rather than official sources, and some reflect announced but not yet enacted rules. Actual outcomes will differ from any projection, possibly substantially. The value of investments can fall as well as rise, past performance is not a guide to future performance, and no output of the App is a promise, forecast or guarantee of any outcome.

2.6 Your own words stay your own. Where the App keeps statements you write about your own intentions, such as an Intentions record and the report made from it, it records and reflects your words back to you, version by version. It does not evaluate them, score them or turn them into a recommendation, and a document containing your own stated intentions is not advice from us.

We grant you a limited, personal, non-transferable, non-exclusive licence, revocable if you materially breach this agreement (section 11), to use the App for your own personal, non-commercial use on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules. We reserve all rights not expressly granted. You may not copy, modify, distribute, sell, rent, sub-license, reverse-engineer or decompile the App except to the extent the law allows despite this term.

4.1 You are responsible for the accuracy and completeness of the information you enter. Projections built on wrong inputs will be wrong.

4.2 You are responsible for your financial decisions. Before acting on anything the App has helped you think about, the facts that matter are yours to verify. The App shows you the sources and dates behind its rule data for exactly this reason.

4.3 You confirm you are at least 18 and have the legal capacity to enter this agreement.

4.4 You will use the App lawfully, will not use it to infringe anyone’s rights, will not attempt to gain unauthorised access to our systems, and will not use the App’s outputs to give regulated financial advice to others unless you are authorised to give it. Sharing a plan or a report with your family or your own adviser is not that.

Some features require Landfall +, a paid subscription that renews yearly. Purchases and auto-renewing subscriptions are made through your Apple Account and governed by Apple’s payment terms. The price is shown in the App before you buy. A subscription renews automatically unless cancelled at least 24 hours before the end of the current period, and you can manage or cancel it in your Apple Account settings. Statutory cancellation and refund rights, where they apply to App Store purchases, are handled through Apple.

The App, its design, its software, its brand (including the Landfall name and marks) and its rule and reference data compilations are owned by us or our licensors and protected by intellectual property law. Your content is yours. The personal information, plans, projections and written statements you create in the App belong to you. We hold no copy of them. The only licence you grant us is the one the App needs to store your content on your device, draw it, export it when you ask, and, if you switch it on, mirror it through your own iCloud Drive.

Our privacy policy at landfall.money/privacy explains what we collect, why, how long we keep it and your rights. This agreement and the privacy policy are read together, and the privacy policy governs your data. In brief, your plan is your data and stays on your device. Reflective content you author is stored for you, not used to profile you. We do not sell your personal data.

8.1 We work to keep the App’s tax and benefit rule data accurate and to record, for each figure, where it came from and when it was last checked, and the App shows you those sources and dates. But rules change, sometimes retrospectively, official sources contain errors, and there can be a delay between a change in the world and a change in the App. We do not warrant that any figure is current or error-free at the moment you read it. This is about the rules and data the App applies, and it does not limit your rights under section 9 if the App itself is defective.

8.2 We may update, change or withdraw features, and may suspend availability for maintenance or reasons outside our control. We do not guarantee the App will be uninterrupted or error-free. This is subject to section 9 and, for a subscription, to section 5.

8.3 Where the App presents figures drawn from industry data rather than official sources, for example typical fund-charge ranges, it labels them as estimates. Those labels are part of the information. An estimate so labelled is not a statement of fact about any product or provider.

8.4 Links to other websites. The App and this site link to pages we do not run, such as MoneyHelper, the official sources behind the App’s tax figures, and Apple’s subscription settings. We do not control those pages and are not responsible for their content, accuracy or availability. A link is not a recommendation of the site, its owner or anything it offers.

8.5 If we stop offering Landfall or Landfall +. We may withdraw the App or Landfall + for a valid reason, such as the business closing or a change in the law or in the App Store, and we will tell you in advance through the App or this site where we reasonably can. Your plans stay on your device and keep opening, projecting and exporting in the version of the App you have. If you have paid for a period of Landfall + you can no longer use, you can ask for a refund of the unused part through Apple (section 5), and if that is not available, write to us (section 14).

9.1 Your statutory rights are untouched. If you are a consumer, you have rights under the Consumer Rights Act 2015, including that digital content be of satisfactory quality, fit for purpose and as described, and nothing in this agreement limits or excludes them, or any other rights that cannot lawfully be limited or excluded.

9.2 Beyond that, the App is provided “as is” and, to the fullest extent the law permits, we exclude all other warranties, express or implied.

10.1 What we never exclude: liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot lawfully be excluded.

10.2 What we are not liable for: subject to 10.1, we are not liable for losses arising from financial, investment, pension or tax decisions you make or refrain from making, including decisions informed by the App’s outputs, for losses caused by inaccurate or incomplete information you entered, for losses from changes in law, tax rules, markets or product terms, or for loss of profit, loss of investment gains, or losses that were not a foreseeable result of our breaking this agreement. Nothing in this paragraph excludes our liability for the App failing to meet the standards section 9.1 preserves.

10.3 Cap: subject to 10.1 and to your statutory rights, our total liability to you in connection with the App in any twelve-month period is limited to the greater of the amounts you paid us for the App in that period and one hundred pounds.

10.4 Nothing in this section affects Apple’s refund obligation in section 12.2 or limits our liability to you beyond what applicable law permits.

You may stop using the App and delete it at any time. We may suspend or terminate your access if you materially breach this agreement. On termination your licence ends. Sections that by their nature survive termination, including 2, 6, 9, 10, 12 and 13, survive. Our privacy policy governs what happens to your data. A subscription bought through Apple continues to be managed, and where a refund applies refunded, by Apple under its terms (section 5).

12.1 Acknowledgement. This agreement is between you and us only, not Apple. We, not Apple, are solely responsible for the App and its content.

12.2 Maintenance, support and warranty. We, not Apple, are solely responsible for any maintenance and support of the App, and Apple has no obligation whatsoever to furnish any. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you. To the maximum extent permitted by applicable law, Apple has no other 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 are our responsibility.

12.3 Product claims. We, not Apple, are responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, any claim that the App fails to conform to a legal or regulatory requirement, and claims under consumer protection, privacy or similar legislation.

12.4 Intellectual property claims. In the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, we, not Apple, are solely responsible for the investigation, defence, settlement and discharge of the claim.

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

12.6 Third-party terms. You must comply with any applicable third-party terms of agreement when using the App, for example your mobile network’s data terms.

12.7 Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this agreement and, upon your acceptance of it, will have the right (and will be deemed to have accepted the right) to enforce it against you as a third-party beneficiary.

13.1 Changes. We may update this agreement. Each version is published at landfall.money/terms with its date, and a change is named in the release notes the App shows under Help. A change required by law or by the App Store takes effect when it must. Any other material change applies to you only from the version after it is published, and continued use after that constitutes acceptance.

13.2 Governing law. This agreement is governed by the law of Northern Ireland, and its courts have jurisdiction, except that if you are a consumer resident elsewhere in the United Kingdom, you may also rely on the mandatory consumer protections, and bring proceedings in the courts, of your part of the United Kingdom.

13.3 If any provision is found unenforceable, the rest stands. This agreement, with the privacy policy, is the whole agreement between us about the App. No failure to enforce a term waives it.

13.4 Transfer. We may transfer our rights and obligations under this agreement to another organisation, for example if the business is sold, but only where your rights under it are not reduced, and we will tell you if we do. You may not transfer your rights under this agreement to anyone else.

Questions, complaints or claims about the App: RMPF Consulting Ltd, 20 Maxwell Road, Bangor, County Down, BT20 3SQ, support@landfall.money.