Terms & Conditions

It’s essential that you understand the following:

The Pulse App is not intended to provide accounting, tax, financial or any other type of professional advice and should not be relied upon in that regard.

You are advised to always consult a suitably qualified professional adviser to obtain appropriate accounting and/or tax and/or financial and/or any other relevant advice before you make any decision or take any action that may affect you or your business in connection with the information, data or other materials provided to you on, or via, the Pulse App.

Any information, data or other material obtained on, or via the Pulse App is for illustrative purposes only; no guarantee, representation or warranty is made by us and no responsibility or liability as to its fitness for purpose, accuracy or completeness is accepted by us. Should you seek to rely in any way whatsoever upon any information, data or other material obtained on, or via, the Pulse App, you do so at your own risk.

You are solely responsible for the accuracy and completeness of any information, data or other materials that you provide us, authorise a third party to provide to us or input into the Pulse App. We cannot and do not verify the accuracy or completeness of any third party information, data or other materials (including your own information, data or other materials) which is/are inputted into the Pulse App and we do not accept any responsibility or liability in connection with any inaccurate or incomplete information, data or other materials inputted into the Pulse App.

1. Who are the terms between?

You

The business we’ve licenced the use of the Pulse App to pursuant to these terms. Depending on where it’s used, ‘you’ can mean the business or any individual authorised by the business. You’ll be bound by anything done by any person you’ve authorised to access or use an account for you (on or after the day you open the account) even if they do something that’s outside the scope of the authority you gave them.

Us (or we)

HSBC UK Bank plc, a company registered and established in England and wales under registration number 09928412. Our registered office is at 1 Centenary Square, Birmingham, B1 1HQ, United Kingdom. Our VAT registration number is GB365684514.

HSBC UK Bank plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority (our firm reference number is 765112).

2. What do these terms cover?

1. These terms cover your use of the Pulse App.

By using the Pulse App you agree to be bound by these terms. Before using the Pulse App, you should read these terms carefully.

The Pulse App is a mobile application which allows you to share data from bank accounts and accountancy services to generate real time estimates and insights of your business performance based on data shared with the Pulse App.

2. A description of the features of the Pulse App can be found at https://www.projectpulse.co.uk/ which we will update from time to time but does not form part of these terms.

What is a Linked Account?

Linked Account(s) means any:

  • Bank account(s) (whether with HSBC UK Bank PLC or any other member of the HSBC Group or another participating bank); or
  • any accounting software provider account; or
  • any other service that we agree may share data with the Pulse App;

for which you have provided  authentication details to synchronise with, or feed data into, the Pulse App via any service that uses an application programming interface (“API”) approved by us.

3. How do these terms fit with your other agreements?

1. Your agreements with us:

  1. These terms apply to and will govern your use of the Pulse App together with any other terms that we tell you apply to the use of the Pulse App.
  2. In the event of a conflict between these terms of the Pulse App and the other terms listed above, the terms of the Pulse App will prevail in respect of issues relating to the Pulse App.

2. Your agreements with third parties:

  1. These terms apply to and will govern your use of the Pulse App.
  2. It is your responsibility to ensure that your use of the Pulse App and the performance of your obligations under these terms will not put you in breach of any terms and conditions you have in place with any third parties. In particular, your attention is drawn to the ‘Use of the Pulse App and your obligations’ section of these terms.

4. Your access to the Pulse App

1. In order to access the Pulse App you will need to:

  1. choose your pricing plan, if applicable; and
  2. complete the on boarding procedure as set out in the App including; accepting these terms; and reviewing the Privacy Notice.

2. We grant you a revocable, non-transferrable, non-exclusive, term limited licence to use the Pulse App subject to these terms. This licence will start when you have accepted these terms and will continue until ended by either you or us in accordance with the ‘How you can end this service’ section.

By accepting these terms and by your use of the Pulse App, you:

1. Authorise us on an ongoing basis to access your Linked Account(s) to retrieve account and transactional information as part of providing the Pulse App to you;

2. Will be solely responsible for establishing, configuring and maintaining, at your own cost and expense, the facilities necessary for you to use the Pulse App; and

3. Acknowledge and agree that while we make reasonable efforts to provide the Pulse App, we may at any time withdraw or update any of the content, facilities, features or functionality offered by or via the Pulse App without prior notice. Please see the ‘Changes we can make’ section below.

5. Use of the Pulse App and your obligations

1. Any information or material downloaded or otherwise obtained through the use of the Pulse App is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of such information or material.

2. At all times during the performance of your obligations under these terms, you will:

  1. comply with all applicable laws and regulations;
  2. not act dishonestly or unprofessionally;
  3. not introduce or allow to be introduced, on any of our computer systems, networks or platforms, any computer viruses, trojans, worms, logic bombs or any other material that is harmful whether maliciously, technologically or otherwise as a result of your use of the Pulse App;
  4. not use the Pulse App to commit, or aid in the commitment of, any fraudulent or criminal activity;
  5. not be abusive, discriminatory, threatening, obscene, offensive, inflammatory, libellous or defamatory;  
  6. not attempt to gain unauthorised access to the Pulse App;
  7. not attempt to reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any part of the Pulse App, or any related technology;
  8. not use bots or other automated methods to access or use the Pulse App;
  9. not link to the Pulse App without our prior written permission, nor engage in “framing,” “mirroring,” or otherwise simulate the appearance or function of any part of the Pulse App;
  10. not interfere with the operation of, or place an unreasonable load on, any part of the Pulse App;
  11. ensure that you have obtained and maintain in place all necessary rights, title, licences, consents and permissions that are required to fulfil your obligations under these terms; and
  12. not use the Pulse App in any manner or for any purpose other than as contemplated by these terms.

6. Security

1. You must take all reasonable precautions to keep safe and prevent fraudulent use of your mobile device and security information. These precautions include:

  1. Never writing down or otherwise recording your security details (which includes but is not limited to your user names and passwords and mobile devices PIN number) in a way that can be understood by someone;
  2. Not choosing security details that may be easy to guess;
  3. Taking care to ensure that no one hears or sees your security details when you use it;
  4. Ensuring that yours is the only fingerprint or face registered on the device if you choose to activate fingerprint or facial recognition sign-on (such as Touch ID of Face ID) to log into the Pulse App;
  5. Not disclosing your Pulse App security details to anyone;
  6. Changing your security details immediately if we ask you to or if you know, or suspect, that someone else knows your security details and telling us as soon as possible in such an event;
  7. Keeping your security details and mobile device safe and secure;
  8. Complying with all reasonable instructions we issue regarding keeping your security details safe;
  9. Once you have logged into the Pulse App, not leaving your mobile device unattended or letting anyone else use your mobile device;
  10. Logging out of the Pulse App once you have finished using the Pulse App, and in particular not leaving the Pulse App running in the background whilst logged in (e.g. whilst multi-tasking, or running other apps);
  11. Following all security measures provided to you by the manufacturer of your mobile device operating system that apply to your use of the Pulse App or your mobile device (although you should never disclose your security details to them or information about your Linked Accounts; and
  12. Undertaking reasonable and adequate precautions to scan for computer viruses or other destructive or malicious malware.

2. You must not use the Pulse App on any device or operating system that has been modified outside of the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been “jail broken” or “rooted”. For the purposes of these terms, a “jail broken” or “rooted” device means one that has been freed from the limitations imposed on it by your mobile network service provider and the mobile device manufacturer, without their approval.

3. After initial registration, we will never contact you (or ask anyone to do so on your behalf) with a request to disclose your security details in full. If you receive such a request from anyone (even if they are using our name and logo and appear to be genuine) then it is likely to be fraudulent and you must not supply your security details to them in any circumstances. Additionally, you should report any such requests to us immediately.

4. You will be responsible for all instructions given by you or anyone acting with your authority between when you log in to the Pulse App until you log out of the Pulse App.

5. You are responsible for making sure information shown or stored on your mobile device is kept secure.

6. If you know or suspect that someone else knows your security details, or has used or tried to use them, you must contact us without undue delay.


7. Plans and Charges

1. We offer a number of different types of services or “plans” for the Pulse App. You can find details of the plans and including free of charge and paid at: https://www.projectpulse.co.uk/

2. We may update the plans and applicable charges from time to time and will notify you of any changes made. We will let you know what you can do if you don’t want to accept the changes and in accordance with the ‘How you can end this service’ section, you can request us to cease providing The Pulse App to you.


8. Ending your use of the Pulse App

1. How we can end this service:

We may suspend or terminate your right to use the Pulse App with immediate effect and without notice or liability on us:

  1. if, in our opinion, you have breached these terms;
  2. if we or any third party need to carry out emergency or planned maintenance activities in relation to the Pulse App;
  3. if you become insolvent or enter into administration or have a winding up petition presented against you;
  4. if you fail to pay any amounts due to us pursuant to these terms when due;  
  5. if you fail to comply with all applicable laws and regulations;
  6. if we reasonably consider that by continuing the contract we, or any member of the HSBC Group may i) breach applicable laws or regulations, or ii) be exposed to action or censure from any government, regulator or law enforcement agency;
  7. if we are advised or instructed to do so by any regulatory authority;
  8. if there has been or we suspect that there has been suspicious activity on your account;
  9. if you have not satisfied any anti-money laundering requirements;
  10. we have reasonable grounds to believe that you have committed or are about to commit a crime in connection with your account;
  11. we have reasonable grounds to suspect unauthorised or fraudulent use of your security details; and
  12. whenever we deem such action necessary in our absolute discretion

9. How to end the Pulse App service and delete your account

1. You can request we delete your Pulse Account at any time by accessing the settings section of the App.

2. Deleting the Pulse App without telling us you want to delete your account will not delete your Pulse Account and we will continue to have access to your Linked Accounts until you tell us otherwise.

3. We will retain data gathered during your use of the Pulse App in accordance with applicable laws and the terms of our Privacy Notice.


10. Changes we can make

1. We may revise these terms from time to time (including without limitation introducing new price plans and changing the Pulse App description). We will provide you with notice of any changes to these terms, either by email or when you next log-in to the Pulse App, however you should check this page from time to time to take note of any changes we make. Changes to these terms will be binding on your future use of the Pulse App from the date on which they are implemented.

11. What’s our liability to you?

What we don’t promise to you about the Pulse App

1. The Pulse App is provided on an “as is” and an “as available” basis. We provide no warranties, representations or guarantees in respect of it and accept no responsibility or liability for its functionality or availability.

2. We do not warrant, represent or guarantee that the Pulse App, or any content on, or generated via, the Pulse App will meet your requirements, be fit for a particular purpose, or be available or uninterrupted at any given time.

3. We provide no warranties, representations or guarantees regarding:

  • the functionality or performance of any third party software that may be used in connection with the Pulse App; or
  • the accuracy or completeness of any information, data or other materials input into or included in the Pulse App.

4. Except for any warranties, conditions and representations expressly contained in these terms, all warranties, conditions and representations, whether express, implied or statutory are, to the fullest extent permitted by law, excluded. You acknowledge and agree that the use of the Pulse App is at your sole risk.

5. We do not warrant, represent or guarantee that the Pulse App will be secure or free from errors, bugs, viruses, or material which is malicious or technologically harmful, or that no damage will occur to your computer systems as a result of using the Pulse App. You should use your own virus protection software.


When we aren’t responsible for things that go wrong

1. We won’t be responsible for any losses, damages, liabilities, costs or expenses (including any legal or other professional fees) that you suffer or incur or may suffer or incur as a result of our failure to perform or defect or delay in performance of our obligations under these terms as a result of:

  1. your use or attempted use of the Pulse App;
  2. your use of or reliance on any information, data, materials, products or services provided on or via the Pulse App;
  3. any inaccurate or incomplete information, data or other materials inputted by you;
  4. your inability to use any information, data, materials, products or services provided on or via the Pulse App; and/or
  5. any failure, interruption, unavailability, delay, defect, error, or omission in the Pulse App.

2. The exclusions set out above apply to all losses, damages, liabilities, costs and expenses (including any legal or other professional fees) which are incurred or may be incurred, whether the foregoing are direct, indirect, special, incidental or consequential and whether or not you or we have been advised of or could foresee the possibility of them being incurred. .

3. While we make reasonable efforts to provide you with access to the Pulse App, we will not be liable for any failure to provide you with access to the Pulse App, in part or in full, due to abnormal or unforeseen circumstances beyond our control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary. This includes any failure or disruption of third party systems or networks which the Pulse App is reliant upon or any mobile or internet network connection failures or, in the case of mobile networks, where you are not in an area of mobile coverage.

4. Nothing in these terms shall exclude or limit our liability in relation to fraud or fraudulent misrepresentation, personal injury or death caused by negligence, or any other liability to the extent that it cannot be limited or excluded by law.


Our cap on liability

1. Subject to the wording at section 11(2)(d) of these terms, our maximum aggregate liability to you arising under or in connection with these terms, whether in contract, tort (including negligence), misrepresentation, restitution, under statute or otherwise, including any liability arising from a breach of, or failure to perform or defect or delay in performance of, any of our obligations under these terms shall not exceed 100% of the charges actually paid by you pursuant to these terms.


12. Intellectual property rights

1. All rights, title and interest (including without limitation all intellectual property rights) in and to the Pulse App are owned by, or licensed to, us and nothing in these terms shall serve to assign, transfer or grant any rights, title or interest in or to any of our intellectual property.

2. You grant to us an irrevocable, non-exclusive, royalty free licence to use the data you make available or provide into the Pulse App for our own internal business purposes in order to enhance the functionality or performance of the Pulse App.

3. HSBC and the hexagon logo are trademarks of HSBC Group Management Services Ltd and all rights and benefits in them vest in HSBC Group Management Services Ltd.

You may:

use, print, copy, download or temporarily store extracts from the Pulse App for your lawful use of the Pulse App in accordance with these terms, or to help you use or apply for our products and services.

You must not:

amend, remove, conceal, or obliterate any copyright or other proprietary notice on The Pulse App, or on any content provided by, or generated via, The Pulse App.

13. Miscellaneous

1. No other third party shall have any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these terms.

2. You are not permitted to novate, assign or otherwise transfer any of your rights or obligations under these terms to a third party without our prior written consent. We are permitted to novate, assign or otherwise transfer any or all of our rights and obligations under these terms to any third party without your prior written consent.

3. These terms constitute the entire agreement between you and us in respect of the Pulse App and shall supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between you and us, whether written or oral, in respect of the Pulse App. Nothing in the preceding sentence will be interpreted or construed as limiting or excluding liability for fraud or fraudulent misrepresentation.

14. Communications

1. Any notice to be given under these terms must be communicated in writing either within the Pulse App or via email

2. You acknowledge that communications sent over the internet (including e-mail) are not guaranteed to be completely secure as they are subject to possible interception, monitoring, delay, loss or alteration. We shall not be responsible, or have any liability, for any interception or monitoring of communications by third parties or any delay or failure in transmitting communications, or loss or alteration of any communications, sent via The Pulse App (whether by you or by us).


15. What country’s courts and laws apply to these terms

1. The Pulse App service is governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these terms or their subject matter or formation.

2. If any provision of these terms is held to be illegal, void, invalid or unenforceable by a court of competent jurisdiction then such provision shall be deemed to have been deleted and the legality, validity and enforceability of the remainder of these terms shall not be affected.


16. Important Information

Privacy

1. Your privacy is important to HSBC. Our Business Privacy Notice explains how we collect, use, disclose, transfer, and store your information and sets out your rights to your information.

2. You can find it at: https://www.projectpulse.co.uk/privacy-policy

3. You must ensure that every connected person whose information you (or anyone else on your behalf) provided, or will provide, to us or a member of the HSBC Group has been notified of, and has agreed to, your provision of their information and that they are aware of our Privacy Notice, the way in which their information will be processed and their rights in relation to their information as set out in our Privacy Notice.

What’s a ‘connected person’?

A ‘connected person’ is a person or legal entity whose information (including personal data or tax information) you provide, or which is provided on your behalf, to any member of the HSBC Group or which is otherwise received by any member of the HSBC Group in connection with these terms.

A connected person could be any guarantor, a director or officer of a company, partners or

members of a partnership, any substantial owner, controlling person, or beneficial owner, trustee, settlor or protector of a trust, account holder of a designated account, recipient of a designated payment, your representative, agent or nominee, or any other persons or entities with whom you have a relationship that’s relevant to your relationship with the HSBC Group.