Terms of service

‍1. INTRODUCTION‍

These Terms are entered into between you and the relevant entity that provides the applicable Service.

Run Viable Limited, trading as Triffin, company number 14275265, registered office Rise London, 41 Luke Street, London, England, EC2A 4DP, provides the platform, website, SaaS services, cash-flow tools, AI finance tools, workflow tools and related non-credit services unless otherwise stated.

Triffin Capital Limited, company number 16268227, registered office 41 Luke Street, London, England, EC2A 4DP, provides or arranges certain credit, funding or finance-related products.

In these Terms, “Triffin”, “we”, “us” and “our” means the relevant entity providing the applicable Service. Unless expressly stated otherwise, each entity is responsible only for the Services it provides and is not liable for the obligations of another entity.

Run Viable Limited (t/a Triffin) is an agent of Plaid Financial Ltd, an authorised payment institution regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number: 804718). Plaid provides you with regulated account information services through Run Viable Limited (t/a Triffin) as its agent.
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These Terms of Service (“Terms”, “Terms of Service”) govern your use of our web pages located at https://www.triffin.com and our Software as a Service (“SaaS”) app.triffin.com (together or individually the “Service”) operated by Run Viable Limited (t/a Triffin).
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Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our Service. Please access it here https://www.triffin.com/privacy. Your agreement with us includes these Terms, our Privacy Policy and any individual agreement(s) expressly signed between you and us (if applicable) (“Agreements”). You acknowledge that you have read and understood the Agreements, and agree to be bound by them.
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If you do not agree with (or cannot comply with) these Agreements, then you may not use the Service. These Terms apply to all visitors, users and others who wish to access or use the Service.

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2. SERVICE SCOPE, BUSINESS USE AND NO ADVICE

The Service is intended for business use only. By accessing or using the Service, you confirm that you are acting on behalf of a business, company or other commercial organisation, and not as a consumer acting for personal, household or family purposes, and that you have the authority to bind the business, company or other commercial organisation to these Terms (where applicable).

The Service may include platform access, cash-flow tools, workflow tools, finance tools, AI-assisted tools, connected-account information, dashboards, document collection, eligibility workflows, funding request workflows and related operational tools. Unless expressly agreed in a separate written agreement, the Service does not constitute financial advice, legal advice, tax advice, accounting advice, investment advice, credit advice or regulatory advice.

Use of the Service does not guarantee that you will be eligible for, offered, approved for, or continue to receive any funding, credit facility, payment service, finance product or other product made available by us or any third party. Any credit, funding or finance-related product is subject to separate eligibility checks, underwriting, approval, verification and the terms of any separate agreement expressly agreed to between you and us.

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2.1 Credit and funding products

Certain credit, funding or finance-related products made available through the Service may be provided, supported, funded, assigned to, or otherwise involve third-party finance partners, including Froda AB or other credit, lending or funding partners.

Where a credit, funding or finance-related product involves a third-party finance partner, that partner may carry out or require its own eligibility checks, KYC, KYB, credit assessment, fraud prevention, financial crime, compliance and risk checks. You acknowledge that such partner may have a role in determining whether a customer, application, drawdown, advance or facility is approved, declined, continued, varied, assigned, purchased or otherwise supported.

Use of the Service, submission of a funding request, or receipt of any indicative eligibility information does not guarantee that you will be approved for any credit, funding or finance-related product. Any such product remains subject to applicable eligibility criteria, underwriting, verification, compliance checks, partner approval, available funding and the terms of any separate agreement expressly agreed between you and us or otherwise applicable to that product.

2.2 Currencycloud services

As part of our arrangements with Currencycloud, a Visa solution, (the relevant Currencycloud group entity identified as the “Service Provider” in the applicable Currencycloud Terms for the relevant customer, jurisdiction or service, as updated from time to time, hereinafter “Currencycloud”), certain payment, e-money, foreign exchange, collection, account, wallet or related services made available through the Service may be provided by Currencycloud or its affiliates (“Currencycloud Services”). Currencycloud, and not Triffin, provides the regulated e-money, payment and foreign exchange services and holds the relevant electronic money institution (“EMI”) license. Triffin provides the platform interface, customer relationship, onboarding support, first-line support, communications and related operational services that help make the Currencycloud Services available through the Service.

Before you can use any Currencycloud Services, you must be approved by us, accepted and onboarded by Currencycloud, and agree to Currencycloud's applicable terms and conditions, as updated from time to time ("Currencycloud Terms"). You can view the Currencycloud Terms here. You are expected to understand and comply with the Currencycloud Terms throughout your use of the Currencycloud Services.

The Currencycloud Terms may refer to us as your "Business Introducer". Where applicable, Triffin may act as your Business Introducer and may provide first-line support, submit or transmit information and instructions to Currencycloud, assist with onboarding and compliance checks, and support your access to the Currencycloud Services. Triffin may have access to your Currencycloud account and related service information to the extent required to provide, support, monitor or administer the Service.

Your use of the Currencycloud Services may be subject to further onboarding, eligibility checks, KYC, KYB, sanctions, AML, fraud prevention, compliance and risk checks, transaction monitoring, account limits, funding limits, payment limits, currency availability, cut-off times, operating procedures, acceptable use requirements and other restrictions required by Currencycloud, us or our third-party providers. Currencycloud or Triffin may refuse, delay, suspend, restrict, reverse or terminate access to the Currencycloud Services or any transaction where required or permitted by law, regulation, these Terms, the Currencycloud Terms, applicable policies, or risk/compliance requirements.

You are responsible for ensuring that all instructions, payment details, beneficiary details, account details, payment references, currencies, amounts, dates, settlement instructions and purpose-of-payment information submitted through the Service are complete, accurate, authorised and lawful. Triffin, Currencycloud and relevant providers may treat any instruction or action submitted by you or your authorised users, including admin users, as authorised by you and may act on it without independently verifying your internal approval processes.

You must monitor balances, payment activity, currency conversions and transaction history made available through the Service and notify us immediately if you believe that a transaction is unauthorised, incorrect, affected by fraud, or if any account credentials, user access or security details have been compromised.

Foreign exchange quotes may be indicative until accepted or confirmed in accordance with the Currencycloud Terms. Currency conversions and foreign exchange services must be used only for lawful business payment needs and not for investment or speculative purposes. You are responsible for reviewing and accepting any exchange rate, fee, margin, payment charge, deposit, margin requirement, settlement date, cut-off time or other transaction information before submitting or confirming a transaction.

Currencycloud Services may depend on Currencycloud, banking partners, payment schemes, payment networks, recipient banks, intermediary banks, counterparties, settlement systems and other third parties. To the fullest extent allowed by law, we are not responsible for failures, delays, rejected payments, returned payments, misdirected payments, changes to available currencies, changes to exchange rates, third-party charges, banking network issues, settlement failures or third-party outages except to the extent caused by our own breach of these Terms or to the extent liability cannot be excluded by law.

Please contact Triffin in the first instance for support and complaints about the Triffin platform or your access to Currencycloud Services through the Service. Complaints relating to regulated Currencycloud Services may need to be referred to Currencycloud and handled under Currencycloud's applicable complaints process. For more information on our Complaints Policy - you can have a look at it here. 

Access to Currencycloud Services is conditional on Currencycloud continuing to provide those services to you and on the continued availability of our arrangements with Currencycloud and relevant third-party providers. If those arrangements end, are suspended, or are restricted, your access to the Currencycloud Services through the Service may also end, be suspended, or be restricted.

If there is any conflict between these Terms and the Currencycloud Terms in relation to the Currencycloud Services, the Currencycloud Terms will take precedence in relation to the regulated e-money, payment, foreign exchange, safeguarding, Currencycloud account, payment execution, collection and related services provided by Currencycloud, only to the extent of the conflict. These Terms continue to apply to Triffin's platform, customer relationship, subscription, support and other services provided by Triffin.

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3. COMMUNICATIONS
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By using our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by contacting us.
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4. SUBSCRIPTIONS
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Some parts of our Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing Cycles are set on a monthly basis and each Billing Cycle will run from the date your Subscription starts, or the date otherwise agreed with us, and will not necessarily align with a calendar month.
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Your Subscription will automatically renew under the exact same conditions, subject to clause 6. FEE CHANGES, unless you cancel it or are given notice of cancellation (see clause 18. CANCELLATION AND REFUNDS). You may cancel your Subscription renewal by contacting the Triffin customer support team.
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A valid payment method, including credit card, or other payment method accepted by Stripe, is required to process the payment for your subscription. You shall provide Triffin with accurate and complete billing information including full name, address, post code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorise Triffin to charge all Subscription fees incurred through your account to any such payment instruments.
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Should automatic billing fail to occur for any reason, Triffin will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

We may suspend or restrict access to all or part of the Service if any fees are overdue, if payment fails, if we are unable to verify required information, if we reasonably suspect unauthorised access, misuse, fraud, financial crime, sanctions risk, security risk or breach of these Terms, or if continued access may expose us, you, another user or a third party to legal, regulatory, security, operational or reputational risk.
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‍5. FREE TRIAL
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Triffin may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”). If you do enter your billing information when signing up for Free Trial, you will not be charged until the Free Trial has expired.

At any time and without notice, Triffin reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer. You may cancel your Subscription and any associated Free Trial by contacting us. 

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6. FEE CHANGES‍

Triffin, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective in the next billing cycle.
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Triffin will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.
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Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
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7. CONTENT
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Our Service allows you to store, share, communicate and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.
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By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and licence as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
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You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.

Triffin has the right but not the obligation to monitor all Content provided by users.

‍8. PROHIBITED USERS

You may use the Service only for lawful purposes and in accordance with our Terms. You agree not to use Service:

• In any way that violates any applicable national or international law or regulation.
• To impersonate or attempt to impersonate us, an employee of us, another user, or any other person or entity.
• In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm or offend us or users of the Service or expose them to liability.

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You are responsible for managing access to your account, including adding, removing, and assigning permission levels to users. This includes deciding which users are appointed as admin users and are therefore authorised to make requests for funding, payments, or other actions through the Service. You acknowledge that admin users may include your employees, contractors, consultants, advisers, or other persons you choose to authorise, and that Triffin is entitled to treat any action, instruction, request, or approval made by an admin user as validly authorised by you. You are responsible for all activity carried out by your users, including any requests for funding or payments submitted by them, and for ensuring that each user has the appropriate authority, permissions, and internal approval to act on your behalf. 

You are responsible for ensuring that all information, documents, data, account access permissions, instructions, approvals and requests provided through or in connection with the Service are accurate, complete, current and lawfully provided. 

You confirm that you have all necessary rights, permissions, approvals and authority to upload, connect, share or authorise access to any information, account, system or data source used in connection with the Service. Where you connect a third-party account, bank account, accounting system or other external service, you are responsible for ensuring that you are authorised to do so and that such connection complies with your own internal policies and applicable laws.

We are entitled to rely on any instruction, approval, confirmation, request for funding, request for payment, document submission, data connection or other action made through your account or by any user you have authorised, including any admin user. We are not required to independently verify that any such user has complied with your internal approval processes before acting on, reviewing or relying on that action.

The Service may depend on third-party providers, integrations and data sources, including open banking providers, account information service providers, identity verification providers, accounting software providers, hosting providers, analytics providers and other technology providers. You acknowledge that the availability, accuracy and performance of those third-party services may affect the Service, and we are not responsible for any failure, delay, inaccuracy, outage or unavailability caused by a third-party service, except to the extent that liability cannot be excluded by applicable law.
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Additionally, you agree not to:

• Use Service in any manner that could disable, overburden, damage, or impair the Service or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
• Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
  
• Use any manual process to monitor or copy any of the material on the Service or for any other unauthorised purpose without our prior written consent. 
• Use any device, software, or routine that interferes with the proper working of the Service.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorised access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
• Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify our rating.
• Otherwise attempt to interfere with the proper working of the Service.
• Use the Service to provide false, misleading, inaccurate or incomplete information.
• Misrepresent your financial position, ownership, authority, trading activity, source of funds or purpose of funding.
• Submit any funding, payment or finance-related request without proper authority. 
• Disguise or manipulate financial data. 
• Evade sanctions, anti-money laundering, fraud-prevention or other financial crime controls. 
• Use the Service in connection with fraud, money laundering, terrorist financing, sanctions evasion, tax evasion or any other unlawful activity. 

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‍9. NO USE BY MINORS‍

The Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into the Agreements and abide by all of the terms and conditions of the Terms. If you are not at least eighteen (18) years old, you are prohibited from both access and usage of Service.
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10. ACCOUNTS

When you have an account with us, you guarantee that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service and where such information relates to financial crimes, sanctions evasion, anti-money laundering, fraud, or other applicable laws, may give rise to further civil or criminal liability.
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You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
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You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorisation.
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We reserve the right to refuse service, terminate accounts or cancel clients at our sole discretion.

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‍11. AI ASSISTED TOOLS AND OUTPUTS

The Service may include AI-assisted tools or information, automated tools, machine learning models, third-party AI systems, summaries, classifications, forecasts, recommendations, insights, draft outputs, risk indicators, data extraction, workflow automation or other AI-generated or AI-assisted outputs (“AI Outputs”).

AI Outputs are provided for informational and operational support only. They may be incomplete, inaccurate, outdated, biased, unsuitable for your specific circumstances, or based on incomplete or incorrect data. You are responsible for reviewing, verifying and deciding whether to rely on any AI Output before taking any action based on it.

AI Outputs do not constitute financial advice, legal advice, tax advice, accounting advice, investment advice, credit advice, regulatory advice, or a recommendation to enter into any transaction, funding arrangement, payment arrangement or other commercial arrangement. You remain responsible for your own decisions, approvals, instructions, submissions and use of the Service.

We may use third-party AI systems or general-purpose AI models to provide, improve, monitor or support the Service. Where applicable, our use of AI systems may be subject to applicable AI, data protection, financial services, consumer protection, equality, anti-discrimination and other laws, including the EU Artificial Intelligence Act where it applies. You agree not to use the Service or any AI Output for unlawful, misleading, discriminatory, fraudulent, harmful or unauthorised purposes.

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‍12. INTELLECTUAL PROPERTY

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of us and its licensors. The Service is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of us.

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‍13. COPYRIGHT POLICY
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We respect the intellectual property rights of others. It is our policy to respond to any claim that the Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
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If you are a copyright owner, or authorised on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under section 14. “CDPA Notice and Procedure for Copyright Infringement Claims.”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
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14. CDPA NOTICE AND PROCEDURE FOR COPYRIGHT INFRINGMENT CLAIMS

You may submit a notification pursuant to the Copyright, Designs and Patents Act (CDPA) by providing us with the following information in writing (see Directive 2001/29/EC on copyright and related rights in the information society (Copyright Directive) for further detail):

• An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright’s interest;
• A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
• Identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.

You can contact us via email at [email protected]



15. LINKS TO OTHER WEBSITES
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Our Service may contain links to third party web sites or services that are not owned or controlled by Triffin.

Triffin has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit.

‍16. DISCLAIMER WARRANTY

These Services are provided by us on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of our Services, or the information, content or materials included therein. You expressly agree that your use of these Services, their content, and any services or items obtained from us is at your sole risk.
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Neither us nor any person associated with us makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither us nor anyone associated with us represents or warrants that the Services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components or that the Services or any services or items obtained through the Services will otherwise meet your needs or expectations.

We hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

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‍17. LIMITATION OF LIABILITY

Except as prohibited by law, you will defend and hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys’ fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for financial detriment, arising from this agreement and any violation by you of any laws or regulations, even if we have been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of us, it will be limited to the amount paid for the products and/or Services during the 12 months preceding the event giving rise to the claim, and under no circumstances will there be consequential or punitive damages.

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18. CANCELLATION AND REFUNDS

The Subscription can be cancelled at any time. If cancelled during or mid-way through a billing cycle, the Subscription will continue until the end of the then-current Billing Cycle and will end at the end of that cycle. The account will not be charged for the next Billing Cycle and further. Partial refunds will not be made following a cancellation, unless expressly agreed by us or required by applicable law.

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.
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All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

‍We may suspend or restrict access to all or part of the Service if any fees are overdue, if payment fails, if we are unable to verify required information, if we reasonably suspect unauthorised access, misuse, fraud, financial crime, sanctions risk, security risk or breach of these Terms, or if continued access may expose us, you, another user or a third party to legal, regulatory, security, operational or reputational risk.

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‍19. GOVERNING LAWS

These Terms shall be governed and construed in accordance with the laws of England and Wales  without regard to its conflict of law provisions. The courts of England and Wales shall have exclusive jurisdiction over any dispute or claim arising out of or in connection with these Terms.
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Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. The Agreements constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

20. CHANGES TO SERVICE

We reserve the right to withdraw or amend our Service, and any service or material we provide via the Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.

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‍21. AMENDMENTS TO TERMS

We may amend the Terms at any time by posting the amended Terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
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By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, you are no longer authorised to use Service.

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22. WAIVER AND SEVERABILITY
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‍No waiver by us of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

23. ACKNOWLEDGEMENT
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‍By using the Service or other services provided by us, you acknowledge that you have read these Terms of service and agree to be bound by them.

24. CONFIDENTIALITY
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“Confidential Information” is any and all information of any kind that is marked or otherwise identified as confidential, or that should reasonably be understood to be confidential from its nature, content, or the circumstances of its disclosure, and includes but is not limited to:

• Any information of a confidential nature including trade secrets and commercially sensitive information relating directly or indirectly to the provision of the Services;
• Personal data about the founders, directors, employees and contractors of each party; performance information about each party’s business (operational, technical and financial); product development information (algorithms, databases, designs, plans, roadmaps, technology, prototypes and any intellectual property); strategy and operational information (reports, plans, targets, customers, financial and performance metrics, suppliers and advisors),
• And in each case includes analyses, compilations, summaries, forecasts, studies or other documents (whether in written or electronic form) and all information and material prepared or generated from such information in either human or machine readable form and whether stored electronically or otherwise.

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Undertakings of Confidentiality

‍Following the acceptance of these Terms and throughout the duration of your use of the Services, the recipient will keep the Confidential Information provided directly or indirectly by the discloser to the recipient before, on or after the acceptance of these Terms, secret and will not, without the prior written consent of the discloser, share or use any Confidential Information in whole or in part with any third party, directly or indirectly, except for the exclusive purpose of providing the Services and carrying out the Services.

The recipient will take all steps necessary to protect the Confidential Information and keep it stored securely.

The recipient may disclose the Confidential Information to its representatives who have a specific need to know the Confidential Information for the Project, provided that:

• They are bound by obligations of confidentiality to the recipient; and
• The recipient will monitor the representatives’ compliance with the confidentiality obligations, notify the discloser of any breach thereof immediately upon the discovery of the breach, and enforce the confidentiality obligations against the representatives without delay.

The recipient agrees that it will be liable for the actions or omissions of the representatives in relation to the Confidential Information as if they were the actions or omissions of the recipient.

‍For the avoidance of doubt, Triffin may disclose Confidential Information to its authorised third-party service providers, suppliers, professional advisers, regulators, governmental authorities, financial partners, technology providers and other persons where reasonably necessary to provide, operate, support, monitor or improve the Service, comply with applicable laws or regulatory obligations, exercise its rights, manage risk, or otherwise act in accordance with its internal policies and Privacy Policy. 

‍Exclusions

Confidential Information does not include any information which:

1. The recipient can adequately prove was already in their lawful possession and at their free disposal before it was disclosed by the discloser;
2. Was disclosed to the recipient by a third party who (or which) by such disclosure did not breach any obligation of confidentiality (whether contractual or otherwise) to the discloser;
3. Was independently developed by the recipient (with no reference to any information disclosed to it by the discloser, whether before or after the date of this Agreement);
4. Is in, or comes into, the public domain, except as a result of a breach by the recipient or any representative of any obligation of confidentiality (whether contractual or otherwise),

and in each case only to the extent that the recipient provides evidence that such information falls within one of paragraphs (a) to (d) above to the reasonable satisfaction of the discloser.

‍The recipient may disclose Confidential Information if required to do so by law, or by any regulatory or governmental authority of competent jurisdiction, or by any court of competent jurisdiction. The recipient will, unless prohibited by law or by court order, give the discloser as much notice of the disclosure as possible and take into account any reasonable requests of the discloser in relation to the timing and content of the disclosure where they are able to do so.

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Duration

This Confidentiality clause will come into full force from the date the Terms are accepted by you, and will govern the parties' rights and obligations relating to its subject matter, and the parties will continue to be bound to keep the Confidential Information secret in accordance with the Terms until the Terms are terminated and thereafter for a period of 2 years or until released by the discloser formally in writing, whichever occurs earlier.

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Return of Relevant Information

Upon termination or expiry of your access to the Service, or upon our reasonable request, you must promptly cease using and return, delete, or destroy any Confidential Information in your possession or control, except to the extent that retention is required by applicable law or retained in accordance with routine backup or archival procedures. .

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General

Nothing in these Terms constitute any warranty or representation in respect of the Confidential Information or matters contained in it. Confidential Information is provided on an “as is” basis.

‍Without prejudice to any other rights and remedies either party may have, both parties agree that the Confidential Information is valuable and that damages may not be an adequate remedy for any breach of the terms set out herein. Accordingly, both parties agree that either party may be entitled without proof of special damage to the remedies of an injunction and other equitable relief for any actual or threatened breach by any party to these Terms.

25. CONTACT US

If you have any questions, or would like to exercise any of your rights you have at law, you may contact us at:

By email: [email protected]
By post: 41 Luke St, London, EC2A 4DP

If there is any conflict between these Terms and any individual agreement expressly signed between you and us, the signed agreement will take precedence to the extent of the conflict