Smart Labs

Terms of use

Please read these carefully before using Smart Labs

Welcome to the Smart Labs terms of use (the Smart Labs Terms). Below are the terms of the legal agreement that apply to our relationship and your use of Smart Labs. These Smart Lab Terms should be read alongside our Terms of Use, our Data Usage Policy for Smart Labs and our Cookies Policy for Smart Labs. We also have an Accessibility Notice which can be found here.

You are encouraged to read these Smart Labs Terms carefully. By using Smart Labs you acknowledge and accept these terms. If you don't accept these terms, you should not access or use Smart Labs. On each occasion that you access Smart Labs you'll be deemed to have accepted the Smart Lab Terms as applicable at that time.

We may revise or amend the Smart Lab Terms, so you should check here from time to time for any updates. Any revisions or amendments to these Smart Lab Terms may take immediate effect on being placed on the Website and/or the Platform, unless we expressly state otherwise.

To the extent they are applicable, our Terms of Use are incorporated into these Smart Labs Terms by reference. All capitalised terms used in these Smart Labs Terms that have not been defined herein shall be given the meaning attributed to them in the Terms of Use, unless we expressly state otherwise. In respect of the Beta Service (as defined below) these Smart Labs Terms shall prevail in the event of any conflict arising between the Terms of Use and the Smart Labs Terms.

What is Smart Labs?

We sometimes create new features for Members to assist them in the management of their pensions and other aspects of financial wellness. To ensure Members find these features to be useful and easy to use, we invite a group of Members to try them out for a period of time determined at our absolute discretion. These are called Beta Trials and they are provided within the Smart Labs area which sits on our Platform.

How do Smart Labs Beta Trials work?

The purpose of a Beta Trial is to obtain your feedback on a particular service, technology or feature that is not generally available (the Beta Service), to help us to make improvements. If the Beta Trial is successful, we may decide to launch the Beta Service as part of our wider Smart service.

License grant

Subject to these Smart Labs Terms, we hereby grant you a limited, non-exclusive, non-transferable (without the right to sublicense), revocable license to access and use the Beta Service solely in accordance with the Documentation (if any) and for the purposes of internal testing and valuation. Documentation includes any instructions or other materials directly or indirectly provided by us (or on our behalf) to you in connection with the Beta Service.

Use restrictions

In addition to the Unauthorised access, Acceptable Use and Intellectual property rights sections of our Terms of Use, you shall not:

(i) modify or create any derivative works of any Beta Service or Documentation; (ii) copy the Beta Service (except to the extent applicable laws specifically prohibit such restriction); (iii) separate the Beta Service, which is licensed as a single product, into its component parts; (iv) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for the Beta Service (except to the extent applicable laws specifically prohibit such restriction); (v) redistribute, encumber, sell, rent, lease, or sublicense the Beta Service. You may NOT transfer the Beta Service under any circumstances; (vi) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Bet Service; or (vii) publish or make public any results of benchmark tests run on any Beta Service to a third party.

Feedback

By agreeing to these Smart Labs Terms you understand that we will be asking for you to provide to us reasonable suggestions, comments and feedback regarding the Beta Service, including but not limited to, usability, bug reports and test results (collectively, Feedback). If you provide such Feedback to us, we shall own and may use the Feedback for our own purposes. You shall not use any Feedback except for your internal evaluation purposes of the Beta Service only.

Confidentiality

You agree that the Beta Service, the Documentation and any Feedback constitute our confidential information. Only you are permitted to access and use the Beta Service and the Documentation (if any). You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without our prior written consent. This restriction will not apply to any of our confidential information that: (i) is or becomes publicly available without a breach of this restriction; (ii) was lawfully known to the receiver of the information without an obligation to keep it confidential; (iii) is received from another source that can disclose it is lawfully and without an obligation to keep it confidential; or (iv) is independently developed. You may disclose our confidential information if required to comply with a court order or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, to the extent it is legally permissible to do so, give us reasonable prior notice to provide us with the opportunity to seek a protective order in respect of our confidential information. You also agree to use best efforts to cooperate with and assist us in identifying and preventing any unauthorised use, copying, or disclosure of the Beta Service and/or the Documentation, or any portion thereof.

Ownership

The Beta Service, the Documentation and the Feedback, including any copies thereof, are our sole property (or that of our licensors) unless otherwise stated. We do not grant any express or implied rights to you in respect of any of our property, including (without limitation) the Beta Service, the Documentation and the Feedback, except as expressly stated in these Smart Labs Terms. You shall not remove copyright notices from the Beta Service and you agree to prevent any unauthorised copying of the Beta Service.

Our disclaimer

The Beta Service is not ready for general commercial release and may contain bugs, errors, defects, or harmful components. Accordingly, we provide the Beta Service to you on an “as is” and “as available” basis. We (including our affiliates and our licensors) do not make any representations or warranties of any kind whether express, implied, statutory, or otherwise, regarding the Beta Service, including any warranty that the Beta Service will become generally available, be uninterrupted, error free, or free of harmful components, or that any content will be secure or not otherwise lost or damaged. Except to the extent prohibited by law, we (including our affiliates and our licensors) disclaim all warranties, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or trade usage.

Our limitation of liability

Our liability (including that of our affiliates and our licensors) for any Beta Service will be limited to the amount you actually pay us under these Smart Labs Terms for the Beta Service in the 12 months preceding the event that gives rise to the claim.

In no event will we be liable to you or any party for (without limitation) any loss of use, loss or corruption of data, interruption of business, or any direct, indirect, special, incidental, exemplary or punitive or consequential damages of any kind (including loss of profits) regardless of the form of action whether in contract, tort (including negligence), statutory or otherwise, whether arising out of the use or inability to use the Beta Service, even if we have been informed of the possibility of such damages. We do not exclude liability for:

(i) death or personal injury resulting from our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other matter which cannot be excluded or limited by law.

Beta Service Support

We are under no obligation: (i) to provide any technical support under these Smart Labs Terms; (ii) to continue to develop, support, repair, offer for sale or in any other way continue to provide or develop the Beta Service either to you or to any other party, and we provide no assurances that any specific errors or discrepancies in the Beta Service will be corrected.

Termination by us

We may suspend or terminate your access to or use of the Beta Service at any time. Your access to and use of the Beta Service will automatically terminate upon the release of a generally available version of the applicable Beta Service or upon notice of termination by us. Notwithstanding anything to the contrary in these Smart Labs Terms, after suspension or termination of your access to or use of the Beta Service for any reason: (i) you will not have any further right to access or use the applicable Beta Service; and (ii) any of your content used in the applicable Beta Service may be deleted or inaccessible.

Governing law and jurisdiction

These Smart Labs Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of England and Wales, the courts of which have exclusive jurisdiction to settle any dispute or claim arising out of or relating to these Smart Labs Terms.