Last updated: April 2018
ExpenseIn is the trading name of Mobile Dynamics Ltd ("Mobile Dynamics" or "we") the developer and provider of the ExpenseIn range of expense management software, invoicing, bill processing, applications and other related financial tools and services.
These offerings are provided through an application you download to your mobile device (the "Application") and at the Internet site www.expensein.com (the "Site" and, together with any related software, tools and services provided in connection with the Application or Site, the "ExpenseIn Service").
You acknowledge and agree that, by clicking on the "accept terms" button, registering for an ExpenseIn account, downloading of the application or any application upgrades, using the application on your mobile device, or accessing or using the ExpenseIn service, or by downloading, submitting or posting any content from, or on, or through the ExpenseIn service, you are indicating that you have read, understand and agree to be bound by these terms of service. If you do not agree to these terms of service, then you have no right to access or use the ExpenseIn service or site content.
If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
In order to access the ExpenseIn Service, you must register to create an account ("Account") and become a Member. When registering with Mobile Dynamics you agree to: (a) provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the ExpenseIn Service's registration form (such information being the "Registration Date") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the ExpenseIn Service (or any portion thereof).
You may not authorise any third party (other than, if applicable, the employees, consultants or agents of the Corporate Member you represent) to access or use the ExpenseIn Service on your behalf. You are responsible for maintaining the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Mobile Dynamics of any unauthorised use of your user ID or password or any other breach of security. Mobile Dynamics cannot and will not be liable for any loss or damage arising from any unauthorized use of your account.
By providing us with your email address, you agree to receive all required notices electronically, to that email address. From time to time, we will use this email address to send you notifications about ExpenseIn product updates and improvements, company news and events, and updates from our community.
Unless specified otherwise, all charges are in pounds sterling and exclude VAT. Specific charges for the ExpenseIn range of services can be found in the ExpenseIn Pricing Schedule.
An invoice will be automatically sent to your designated email address at the time of purchasing the relevant service.
Mobile Dynamics reserves the right to vary the ExpenseIn pricing on giving you 28 days’ notice.
The ExpenseIn service is available to members, once registered, to evaluate on a free trial for up to 30 days. The free trial enables a member to fully test the service. These terms of service apply during the free trial period.
For the purpose of this clause the following terms have the following meanings:
The Customer shall own all right, title and interest in and to all of the Customer Data and shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the Customer Data.
In supplying the Services to the Customer under this Agreement the Supplier may need to process personal data on the Customer’s behalf including:
The parties record their intention that in respect of personal data processed by the Supplier on the Customer’s behalf under this Agreement the Customer shall be the data controller and the Supplier shall be a data processor.
Each party shall comply with the obligations imposed on it by applicable Data Protection Legislation in respect of personal data made available in connection with this Agreement.
The Supplier shall:
From 25 May 2018, the Supplier shall comply with its obligations as a processor under the GDPR and shall comply with the processor obligations that are required to be incorporated into processor agreements under the GDPR as if they were set out in full in this Agreement, including Article 28 of the GDPR.
The parties agree to provide such additional information and cooperation to the other as is reasonably necessary to enable them each to comply with their respective obligations under Data Protection Legislation in relation to the personal data.
The Customer shall ensure that the Customer is entitled to transfer the relevant personal data to the Supplier so that the Supplier may lawfully use, process and transfer the personal data in accordance with this Agreement on the Customer’s behalf.
We have a fair use policy that allows each user to upload 200 scanned receipts per month. In the event of this limit being breached we reserve the right to suspend the scanning service for that user.
It is not permitted to use any of the ExpenseIn services for illegal or unreasonable activities. Members who post threatening or demeaning content will have their account closed. Deliberate misuse of the ExpenseIn service, will cause the member account to be closed immediately. In the event of closure of the account any outstanding monies will fall due immediately and pre-paid monies will be forfeited.
If you have not followed the above guidelines, you agree to indemnify us against any costs, fines or other losses we may incur as a result of any claims or legal proceedings that are brought or threatened against us by any third party.
You acknowledge that Mobile Dynamics has no obligation to monitor your access to or use of the ExpenseIn Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the ExpenseIn Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
A member may switch “receipt scan” functionality on or off within advanced settings in admin section.
When switched on we will usually scan a receipt within two minutes of it being received by our system during normal office hours, 9.00-17.00 hours, UK time, Monday to Friday. For improved accuracy we use automated scanning technology followed by an employee scan to provide a second tier of checking. Account and user information is anonymised prior to employees scanning receipts. If a receipt cannot be scanned the message “no data found“ will be returned to the user/member.
Mobile Dynamics does not guarantee the accuracy of information entered using “receipt scan”. You agree it is your responsibility to check the information is accurate before an expense is submitted.
Mobile Dynamics does not guarantee that a receipt will be scanned within any timescale.
You acknowledge that “receipt scan” service is provided “as is” and may not meet your expectations or requirements. In the extremely rare event that this should happen Mobile Dynamics accepts no liability for any loss or damage or inconvenience resulting from your use of this part of the service.
Turning “receipt scan” off does not have an impact on any other part of the service.
Except where explicitly stated in this agreement, Mobile Dynamics reserves the right to vary the terms of this Agreement, or the nature of the Service, at any time. Mobile Dynamics will inform you of any such changes through email, or such other medium, as Mobile Dynamics considers appropriate.
(a) death or personal injury caused by that party’s negligence or the negligence of that party’s employees or agents;
(b) fraud or fraudulent misrepresentation; or
(c) anything else that may not be excluded or limited by applicable law; is excluded or limited by this agreement.
(a) loss of profits;
(b) loss of or damage to reputation;
(c) loss of contracts;
(d) loss of customers;
(e) wasted management or other staff time; or
(f) indirect, special or consequential loss or damage; and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
License granted by Mobile Dynamics.
Subject to your compliance with these Terms of Service, Mobile Dynamics grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your access device and run such copy of the Application solely for your own personal or business use.
You undertake to comply with the terms of any software licence agreement reasonably required by Mobile Dynamics in respect of any software made available to you under this agreement (“Software Licence”).
You acknowledge and agree that all intellectual property rights in the services and any associated software supplied in connection with this agreement are vested and shall remain vested in Mobile Dynamics, or the relevant third party licensors, as appropriate, and all such rights are expressly reserved. All rights and goodwill in and to the names, ‘Mobile Dynamics’ and ‘ExpenseIn’ any associated logos, trade marks, devices or designs used by Mobile Dynamics or referred to in any marketing or other materials used in connection with the services supplied under this agreement are strictly reserved to Mobile Dynamics or the applicable licensor. Accordingly, you may not refer to or use such marks without the prior written consent of Mobile Dynamics or the applicable licensor.
Mobile Dynamics will indemnify you against all costs, liabilities, damages, losses and expenses suffered and/or incurred by you in connection with any third party claim in respect of an infringement of intellectual property rights arising directly out of those services and software supplied by Mobile Dynamics to you, on condition that you undertake to:
(a) notify Mobile Dynamics promptly in writing of any allegation of infringement;
(b) make no admission relating to the infringement or do anything which may prejudice in any way our ability to defend such a claim on our products or services;
(c) allow Mobile Dynamics or its agents to have sole conduct of all negotiations and proceedings and give all reasonable assistance in doing so (Mobile Dynamics will pay your reasonable expenses for such assistance).
(“Claim”). If we receive prompt notice of such a Claim that, in our reasonable opinion, is likely to result in an adverse ruling, we may at our option:
(a) obtain a right for you to continue using the products or software in question or allow us to continue performing the services;
(b) modify the software or the services to make them non-infringing;
(c) replace such software or services with something materially similar which is non-infringing (provided that the modification does not materially affect the performance of the services or the software, as applicable); or
(d) refund any prepaid fees for the allegedly infringing services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing services or software.The provisions of this Clause shall be your sole and exclusive remedy in respect of any Claim.
You may cease use of the ExpenseIn service at any time without notice. We will not provide a refund for any remaining prepaid period. You will still have access to your data for a period of three monthsafter termination and should you wish you will be able to transfer all your historic data during this period.
We reserve the right to terminate or suspend your use of the service without notice in the event of inappropriate use of the service or if you breach any of these terms (including non-payment of overdue invoices) and you do not remedy the breach within 14 days of being notified of the breach. In the event of termination or suspension of service any monies owing become due immediately and all rights and licences granted under this agreement shall come to an end.
Termination shall not affect all rights and duties that have accrued up to and including the date of termination.
We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes; labour disputes; acts of God; war; riot; civil action; malicious acts or damage; compliance with any law, governmental or regulatory order, rule, regulation or direction; any act or omission of any government or other competent authority; accident; equipment or services failure, including the unavailability of third party telecommunications services, lines, or other equipment; fire; flood or storm).
This agreement shall be construed in accordance with English law and you and we agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or matter arising out of or in connection with the service.
These Terms of Service constitute the entire and exclusive understanding and agreement between Mobile Dynamics and you regarding the ExpenseIn Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Mobile Dynamics and you regarding the ExpenseIn Service.
You may not assign or transfer these Terms of Service, without Mobile Dynamics's prior written consent. Mobile Dynamics may assign or transfer these Terms of Service, at its sole discretion, without restriction.
The failure of Mobile Dynamics to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of Mobile Dynamics. Except as expressly set forth in these Terms of Service, the exercise by either party of anyof its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect.
Phone: 0333 414 1808
Address: St Mary’s House, Sill Bridge Lane, Waltham St Lawrence, Berkshire, England
ExpenseIn is the trading name of Mobile Dynamics Ltd, a limited company registered in England, with the registration number of 09456735
VAT registered with the number GB 208 9173 96.
Registered address: 47 Castle St, Reading, Berkshire.