AI Policy

Version 4.1 | Last updated 30 October 2026

Key points

This summary is part of this Policy. The full terms follow.

• Rules first. Earnly's automated features are mainly rules-based. They run within Earnly's own systems and follow fixed rules, so the same data always gives the same result.
• One AI fallback, with very limited data. Only where our rules, your own rules and the anonymised Merchant Table cannot categorise a transaction, we ask Anthropic's Claude Haiku 4.5 model to suggest a category. We send it only a cleaned merchant name (for example "BT") and the amount (for example £123.34). We never send your name, account details, bank descriptions, references or dates, and we never send payments to or from individuals, person-to-person payments or transfers between your own accounts (section 5.2).
• No training. Anthropic is contractually prohibited from training its models on the data we send or the suggestions it returns. Your data is not used to train anyone's AI model.
• Ask Earnly is a preview. "Ask Earnly (preview)" currently shows pre-written help content. It does not read or analyse your data and does not use any AI model.
• You stay in control. Every categorisation is a proposal with a confidence score from 0 to 100. Items scoring 95 or more are marked reviewed automatically, but a category suggested by the AI fallback is labelled "AI suggested" and is never marked reviewed automatically. You can change any category at any time, and your corrections always take precedence.
• No automated decisions about you. Earnly makes no decision about you with legal or similarly significant effects based solely on automated processing. Suspension and closure of an Account always involve review by a person.
• Any further AI use needs notice first. Earnly will not introduce a new AI provider, or send any further data to an AI model, without at least 30 days' notice, a data protection impact assessment, and contracts that forbid training on your data.
• You can challenge an Output. Correct it in the Platform, or ask for a human review at support@earnly.co.uk or privacy@earnly.co.uk. A person reviews it within 10 Business Days (section 13).

1. About this document

1.1 This AI Policy (this "Policy") is issued by Earnly Limited, a private limited company registered in England and Wales (company number 16183799), whose registered office is at 41 New Cross Street, Swinton, Manchester, England, M27 4TU ("Earnly", "we", "us", "our").

1.2 This Policy explains which features of the Platform produce Outputs automatically and how they work; what Earnly means when it uses the term "AI"; how confidence scores and automatic review work; how your corrections are used; how the anonymised merchant-keyword table works; when and how Earnly uses a third-party AI model to suggest a category, and what data it sends; what Earnly does not do with automation; the conditions Earnly must meet before it introduces any new third-party AI provider or new use of AI; how the features are governed and monitored; and how you can obtain an explanation of, or challenge, an Output.

1.3 This Policy applies to every user of the Platform and to every feature of the Platform which produces an Output.

1.4 This Policy forms part of the Agreement. "Agreement" means the Terms and Conditions and the documents incorporated into them. It should be read with the Privacy Policy, the Financial Disclaimer, the Open Banking Consent Notice, the Data Retention Policy and the Acceptable Use Policy.

1.5 Order of precedence. If there is any conflict or inconsistency between this Policy and another document forming part of the Agreement, the order of precedence in the "Documents forming part of the Agreement and order of precedence" clause of the Terms and Conditions applies. In summary, the Privacy Policy prevails on the processing of personal data, the Open Banking Consent Notice prevails on consent to the AIS and the use of Open Banking Data, the Complaints Procedure prevails on how we handle complaints, and the Terms and Conditions prevail over this Policy. Nothing in any document forming part of the Agreement limits any right or protection which the law gives you and which cannot be excluded or limited by contract, including without limitation your statutory rights as a Consumer and your rights under data protection law.

1.6 Where this Policy places a stricter restriction on Earnly's use of your data than any other document forming part of the Agreement, the stricter restriction in this Policy applies.

2. Who this applies to

2.1 This Policy applies to both Consumers and Business Users. Where a clause applies only to one class of user, it says so expressly. All other clauses apply to everyone.

2.2 Consumers. If you use the Platform wholly or mainly for purposes outside your trade, business, craft or profession, you are a Consumer. Nothing in this Policy affects your statutory rights.

2.3 Sole traders, contractors and freelancers. If you use the Platform for your own trade, business or profession as an individual, you are a Business User and an Individual.

2.4 Organisations and the individuals who act for them. If you use the Platform on behalf of a company, LLP, partnership or other organisation, that Organisation is a Business User. You, as the individual acting for it, must have authority to bind it.

2.5 Personal data. Every Individual has rights under data protection law, including the rights relating to automated decision-making described in section 9, whether they are a Consumer, a sole trader or an individual acting for an Organisation.

3. Definitions

3.1 In this Policy:

3.1.1 "Account" means your Earnly user account on the Platform. One Account can hold a personal (individual) profile and one or more companies.

3.1.2 "AIS" means the account information service described in the Open Banking Consent Notice.

3.1.3 "Automated Features" means the features of the Platform described in section 5 that produce Outputs automatically. Where the Platform, this Policy or Earnly's marketing uses the term "AI", it refers to the Automated Features.

3.1.4 "Business Day" means Monday to Friday, excluding bank holidays in England and Wales.

3.1.5 "Business User" means anyone using the Platform for a trade, business or profession, including without limitation a sole trader, contractor, freelancer, partnership, LLP, limited company or other organisation, and any individual (for example a director) acting on its behalf.

3.1.6 "Connected Account" means a bank or payment account which you have authorised to be connected to the Platform under the Open Banking Consent Notice.

3.1.7 "Consumer" means an individual acting wholly or mainly outside their trade, business, craft or profession.

3.1.8 "Individual" means any natural person who uses the Platform, whether as a Consumer or as a sole trader or other Business User.

3.1.9 "Merchant Table" means the anonymised merchant-keyword table described in section 8.

3.1.10 "Open Banking Data" means the account details, balance and transaction data received in respect of a Connected Account.

3.1.11 "Organisation" means a company, LLP, partnership or other entity that is a Business User.

3.1.12 "Outputs" means estimates, categorisations, VAT treatment notes, confidence scores, forecasts, insights and any other automatically generated results produced by the Platform.

3.1.13 "Platform" means Earnly's responsive web application and website. If we release mobile apps, this Policy applies to them too.

3.1.14 "Provider" or "Finexer" means Finexer Ltd.

3.1.15 "Significant Decision" means a decision which produces a legal effect on an Individual or a similarly significant effect, within the meaning of Articles 22A to 22D of the UK General Data Protection Regulation.

3.1.16 "Third-party AI Model" means any machine learning model, large language model or other AI service supplied by a person other than Earnly.

3.1.17 "AI Fallback" means the use of a Third-party AI Model to suggest a category for a transaction, as described in clause 5.2.

3.1.18 "Anthropic" means Anthropic Ireland, Limited, which provides the Third-party AI Model used for the AI Fallback, and its sub-processor Anthropic, PBC.

3.2 "Including" and similar words are to be read as "including without limitation". Headings do not affect interpretation.

4. Regulatory status

4.1 Much of the data processed by the Automated Features is received through account information services. The following disclosure applies to those services:

Earnly Limited (FRN 1058277) is registered on the Financial Services Register as an agent of Finexer Ltd, which is authorised and regulated by the Financial Conduct Authority under the Payment Services Regulations 2017 (Firm Reference Number 925695) for the provision of account information services. You can check this on the Financial Services Register at register.fca.org.uk. Earnly is not itself authorised by the Financial Conduct Authority. Earnly does not provide payment initiation services, cannot initiate payments or move money, and never receives, sees or stores your online banking credentials.

4.2 The Automated Features are provided by Earnly in its own right and are not regulated by the Financial Conduct Authority. No Output is financial, tax, accounting, investment or legal advice, regulated advice, or targeted support or guidance under any regime of the Financial Conduct Authority. The Financial Disclaimer explains this in full.

5. How the Automated Features work

5.1 Rules-based, within Earnly's own systems. Apart from the AI Fallback in clause 5.2, every Automated Feature is rules-based and deterministic: it applies fixed rules written and maintained by Earnly, so the same data and the same rules always produce the same Output. The Automated Features run within Earnly's own systems, on the hosting providers named on the Sub-processor List. They do not learn from your data in the way a machine learning model does, other than by applying your own corrections (section 7) and the Merchant Table (section 8).

5.2 AI Fallback for categorisation. Earnly uses one Third-party AI Model, Anthropic's Claude Haiku 4.5, for one purpose only: to suggest a category for a transaction. It is called from Earnly's platform backend and works as follows.

5.2.1 When it is used. The AI Fallback is used only when Earnly's rules, your own merchant rules (section 7) and the Merchant Table (section 8) cannot assign a category to a transaction.

5.2.2 What is sent. For each such transaction, Earnly sends only a cleaned merchant name (for example "BT") and the transaction amount (for example £123.34).

5.2.3 What is never sent. Earnly never sends your name, email address or other contact details; any user, company, Account or bank account identifier; account numbers or sort codes; raw bank descriptions, payment references or transaction dates; the names of your customers or of anyone else you pay or are paid by; or any other data in your Account.

5.2.4 What is excluded. Before anything is sent, Earnly removes payments to or from individuals, person-to-person payments and transfers between your own accounts. These transactions are never sent to the AI Fallback.

5.2.5 What comes back. The model returns a suggested accounting category, for example "Telephone and Internet". The Platform labels it "AI suggested" and never marks it as reviewed automatically. You review it and can change it, and your correction always takes precedence (section 7).

5.2.6 Data protection. The information sent is designed not to identify any individual, and Earnly treats it as de-identified. Because a merchant name could occasionally relate to an identifiable sole trader, Earnly nevertheless treats Anthropic as its processor and applies the protections of data protection law. The lawful basis is the performance of our contract with you, as explained in the Privacy Policy.

5.2.7 The provider.

Item	Detail
Provider	Anthropic Ireland, Limited (Anthropic's contracting entity for UK customers), with Anthropic, PBC (USA) as sub-processor
Model	Claude Haiku 4.5
Purpose	Suggesting a category for a transaction that Earnly's rules, your own rules and the Merchant Table cannot categorise
Data categories	Cleaned merchant name and transaction amount only
Role	Processor, under Anthropic's Data Processing Addendum, which is incorporated into its Commercial Terms
Processing location	United States of America
Transfer safeguard	EU Standard Contractual Clauses (Module 2) with the UK International Data Transfer Addendum (B1.0), supported by Earnly's transfer risk assessment
Training	Anthropic's Commercial Terms prohibit it from training models on Earnly's inputs or outputs
Retention at Anthropic	Inputs and outputs are deleted within 30 days. If Anthropic's automated trust and safety systems flag a request under its Usage Policy, Anthropic may keep it for up to 2 years. Anthropic may also keep data where the law requires

5.2.8 What Earnly keeps. Earnly keeps only the suggested category with the transaction, and request metadata (the time, the model used and whether the request succeeded or failed, with no content) for 30 days. Earnly does not store the data sent or the model's response separately.

5.3 The Automated Features. The Automated Features are:

5.3.1 Transaction categorisation. Each transaction from a Connected Account, and each transaction you enter, is matched against rules to propose a category from a chart of accounts, a VAT treatment note and a confidence score (section 6). The rules use the transaction description, the category supplied by your bank, whether money came in or went out, your own merchant rules (section 7) and the Merchant Table (section 8). Where none of these can assign a category, the AI Fallback may suggest one (clause 5.2);

5.3.2 Transfer detection. Movements between your own accounts are identified, using the names and masked numbers of your own Connected Accounts, so that they are not double-counted as income or expenditure;

5.3.3 Tax estimates and forecasts. Estimates of Income Tax, National Insurance, dividend and savings tax, Corporation Tax, VAT and employer PAYE and National Insurance are calculated by applying published tax rates and rules to your categorised transactions and the information you enter. The Financial Disclaimer explains their scope and limits; and

5.3.4 Insights. Patterns in income, expenditure and cash position are presented to you as observations, calculated by fixed rules from your own data.

5.4 Ask Earnly. "Ask Earnly" is not yet available as an assistant and is shown in the Platform as "Ask Earnly (preview)". At present it shows pre-written help content. It is not an AI chat feature: it does not read, analyse or use your data, does not send anything you type to any AI model, and does not produce Outputs about you. Sample answers are labelled as illustrative, and any figures they show are examples that are not about you. Its content is general information, not advice. If Earnly develops Ask Earnly further using a Third-party AI Model, section 11 applies first.

5.5 What the Automated Features are not used for. Earnly does not use automation to:

5.5.1 set prices for you individually;

5.5.2 decide your eligibility for any product, feature or service;

5.5.3 assess your creditworthiness or affordability, or score you for any lending, insurance or other financial purpose;

5.5.4 suspend, restrict or close your Account, or take any other enforcement action against you, without review by a person;

5.5.5 select you for marketing or profile you for marketing purposes; or

5.5.6 infer special category data about you, such as health, religion, trade union membership or political opinions, from your transactions. Categories are financial only. A transaction description may incidentally reveal such information (for example a payment to a trade union, a church or a clinic), but the Automated Features do not analyse, infer or use it.

5.6 Earnly will not introduce a new Automated Feature that uses your data for a purpose outside clause 5.3 without first updating this Policy under section 16.

6. Confidence scores and automatic review

6.1 What the score means. Each proposed categorisation carries a confidence score from 0 to 100. The score shows how strong the matching rule is. For example, a rule you have taught the Platform scores 100, a detected transfer between your own accounts scores highly, and a transaction that matches no specific rule receives a low fallback score.

6.2 What the score does not mean. The confidence score is not a probability that the categorisation is correct, not a statement of the correct legal or tax treatment, and not an assurance of any kind. A high score can still be wrong.

6.3 Automatic review at 95. Transactions with a confidence score of 95 or more are marked as reviewed automatically. Transactions scoring below 95 are marked "Needs review" and shown with a suggested category for you to confirm or change. A category suggested by the AI Fallback is always labelled "AI suggested", is never marked as reviewed automatically and stays marked "Needs review" until you confirm or change it.

6.4 What automatic review means. "Reviewed" means only that the rule was strong enough to pass the threshold. No person at Earnly has checked the transaction. Automatically reviewed transactions remain visible and you can change their category at any time. Before you take any decision based on your figures, you must check them as required by the Financial Disclaimer, including transactions marked as reviewed automatically.

7. You stay in control

7.1 Outputs are proposals. Outputs are proposals, not determinations. They have effect only through steps you take.

7.2 You can change any Output. You may review, accept or change any categorisation or VAT treatment note in the Platform at any time.

7.3 Your corrections prevail. When you confirm or correct a category, your choice applies to that transaction, and the Platform remembers it as your own rule for that merchant and applies it to your future transactions. Your own rules always take precedence over every other rule, over the Merchant Table and over any AI suggested category. A change to Earnly's rules, to the Merchant Table or to the AI Fallback never overrides a category you have set.

7.4 Your review duty. You must review Outputs before relying on them. In particular:

7.4.1 Earnly does not review your Outputs on your behalf;

7.4.2 an Output you do not correct is carried into estimates, forecasts and exports;

7.4.3 a high confidence score or automatic review does not remove the need for your review; and

7.4.4 Earnly does not guarantee that every Output needing correction will be flagged to you.

7.5 Earnly's own human oversight. Earnly oversees the Automated Features through the governance arrangements in section 12. Earnly does not routinely look at individual users' Outputs, but will do so when you ask for a human review under section 13, when you ask for support, or when investigating an incident.

8. The anonymised Merchant Table

8.1 Purpose. The Merchant Table helps the Platform categorise transactions from merchants that other users have already categorised consistently, so that every user benefits from shared confirmations.

8.2 What it contains. When you confirm or correct a category, the Platform may record in the Merchant Table only:

8.2.1 a merchant keyword of at least 3 characters taken from the transaction description;

8.2.2 the category chosen;

8.2.3 the number of confirmations of that keyword and category; and

8.2.4 the date of the last confirmation.

8.3 What it never contains. The Merchant Table holds no user, Account, company or bank account identifier, no amounts, no dates of individual transactions and no full transaction descriptions. Keywords that are personal names, person-to-person payment references or account references are excluded and are never recorded.

8.4 When it is used. A keyword in the Merchant Table is used to propose a category only where at least 60% of the confirmations for that keyword agree on the same category. The score it produces rises with the level of agreement and the number of confirmations, so a keyword reaches the automatic review threshold of 95 only after consistent confirmations from many users.

8.5 Anonymised. Because of the controls in clauses 8.2 to 8.4, the Merchant Table does not identify you or any other person and is anonymised data. It is kept after you disconnect an account or close your Account, as described in the Open Banking Consent Notice and the Data Retention Policy.

8.6 AI suggestions. A category suggested by the AI Fallback is not added to the Merchant Table unless and until a user confirms it. Unconfirmed AI suggestions never feed the Merchant Table.

9. Automated decision-making

9.1 No Significant Decisions. Earnly does not make any Significant Decision about any Individual based solely on automated processing. Categorisations and estimates are proposals for you to review. Suspension and closure of an Account always involve review by a person.

9.2 No profiling for eligibility. Earnly does not carry out profiling for credit scoring, credit referencing, affordability assessment, insurance underwriting, employment screening or eligibility for any product or service, and does not supply Open Banking Data or Outputs to anyone for those purposes.

9.3 If this ever changes. If Earnly proposes to make any Significant Decision based solely on automated processing, it must first:

9.3.1 carry out a data protection impact assessment;

9.3.2 update this Policy and the Privacy Policy, and give you notice under section 16;

9.3.3 confirm that the decision does not involve special category data, unless one of the limited conditions in Article 22B of the UK General Data Protection Regulation applies; and

9.3.4 put in place the safeguards required by Article 22C, namely: giving you information about each such decision; enabling you to make representations about it; enabling you to obtain human intervention by Earnly; and enabling you to contest the decision.

10. Accuracy and limits

10.1 Outputs can be wrong. Rules can produce wrong results, for example where a merchant description is ambiguous, where a bank's own category is wrong, or where a transaction is unusual for your business. The AI Fallback sees only a merchant name and an amount, so its suggestions can be wrong, and the same merchant name and amount may not always produce the same suggestion. This is why AI suggested categories are labelled and are never marked as reviewed automatically. Outputs may be inaccurate, incomplete or out of date, including where the confidence score is high.

10.2 Data limits. Outputs reflect only the data available to the Platform when produced. Data the Platform cannot see, including without limitation cash transactions, unconnected accounts and year-end adjustments, is not reflected. The Financial Disclaimer lists the scope limits and assumptions on which Outputs rest.

10.3 Outputs change. Outputs change as new data arrives, as you make corrections, as the Merchant Table develops and as Earnly updates its rules and tax rates. An Output produced today may differ from one produced on the same data later.

10.4 Earnly's commitment. Earnly designs, tests and monitors the Automated Features with reasonable care and skill to achieve an appropriate level of accuracy for their purpose (section 12). Earnly does not promise that any Output will be error-free.

11. Before any new third-party AI provider or new use of AI is introduced

11.1 The AI Fallback in clause 5.2 is the only use of a Third-party AI Model. If Earnly decides to use a new AI provider, to use a Third-party AI Model for any other purpose (for example to develop Ask Earnly into an assistant that answers questions about your data), or to send a Third-party AI Model any data beyond that described in clause 5.2, Earnly must first:

11.1.1 complete a data protection impact assessment;

11.1.2 use only a provider that is contractually prohibited from using Earnly user data, including your questions and the model's answers, to train or improve its models;

11.1.3 ensure that the provider's contract limits its routine retention of Earnly user data to no more than 30 days (allowing only for longer retention required by law or for the provider's review of requests flagged for misuse), and imposes the processor terms required by Article 28 of the UK General Data Protection Regulation;

11.1.4 ensure that any transfer of personal data outside the United Kingdom meets the data protection test under the UK General Data Protection Regulation;

11.1.5 update this Policy, the Privacy Policy and the Sub-processor List; and

11.1.6 give you at least 30 days' notice, by email and in the Platform, before any of your data is processed by the Third-party AI Model.

11.2 The notice will explain what the new feature does, what data it uses, who the provider is and where it processes data. If the change is a material adverse change for you, clause 16.3 applies, and you may end your Agreement free of charge before the change takes effect.

12. Governance and monitoring

12.1 Principles. Earnly designs and operates the Automated Features in line with the Information Commission (ICO) guidance on AI and data protection and on explaining decisions made with AI. In particular, Earnly aims for lawfulness, fairness and transparency, accuracy appropriate to each purpose, data minimisation, security, accountability, and the ability for Individuals to exercise their rights and contest Outputs.

12.2 Consumer understanding. In line with the Financial Conduct Authority's Consumer Duty, which applies to the account information service that Earnly provides as Finexer's agent, Earnly presents Outputs in plain language, explains what confidence scores and automatic review mean, shows the estimate notice beside every tax figure, and does not present Outputs in a way designed to encourage you to rely on them without checking.

12.3 Accountability. Adam Marsh, Director, is accountable for this Policy and for Earnly's governance of the Automated Features.

12.4 Monthly accuracy review. Every month, the Director reviews categorisation accuracy using anonymised correction rates, meaning the proportion of proposed categories that users change, without looking at any individual user's data. The review covers rules-based proposals and AI suggested categories separately, and also checks the AI Fallback request metadata for failure rates. It looks for rules, merchant keywords or AI suggestions with high correction rates, and checks whether correction rates are materially higher for particular types of business, categories or merchant descriptions. Rules that perform poorly are corrected.

12.5 Testing and change control. Changes to rules, thresholds and tax rates, and any change to the AI Fallback (including the model or model version, the instructions given to the model, the exclusion filter or the data sent), are tested before release against test data that contains no real user data, recorded, and capable of being reversed.

12.6 Records. For each transaction, the Platform records the proposed category, its confidence score, whether it was suggested by the AI Fallback, whether it was reviewed automatically and whether you changed it. Earnly keeps an AI register describing each Automated Feature, including the AI Fallback and its provider, its purpose and its controls.

12.7 AI incidents. An AI incident is any systematic mis-categorisation affecting estimates, meaning a fault in a rule, a threshold, the Merchant Table, the AI Fallback or a tax rate that causes the same kind of error across transactions or users and changes the estimates they see. When Earnly identifies an AI incident, it will:

12.7.1 fix the fault without undue delay;

12.7.2 recalculate affected Outputs, without overriding any category you have set yourself; and

12.7.3 notify affected users in the Platform, explaining what was wrong, which period and Outputs were affected, and whether they need to check anything.

A personal data breach is handled under the Privacy Policy.

12.8 Data protection impact assessment. Earnly has completed a data protection impact assessment covering Open Banking Data and transaction categorisation, updated on 30 October 2026 to cover the AI Fallback, and keeps it under review. Any new AI model, new data source or new high-risk processing requires a data protection impact assessment before launch.

12.9 Earnly monitors developments in UK law, regulation and regulatory guidance on AI and updates its practices and this Policy where appropriate.

12.10 These arrangements reduce risk. They do not eliminate the risk of an inaccurate or unsuitable Output.

13. Explanations and challenging an Output

13.1 Explanation at the point of use. For each categorisation, the Platform shows the proposed category, the VAT treatment note, the confidence score, whether the transaction needs review and, where relevant, the "AI suggested" label. For tax estimates, the Platform shows the estimate notice and the scope limits described in the Financial Disclaimer.

13.2 Asking for an explanation. You may ask Earnly for an explanation of how an Output relating to you was produced, including the main factors taken into account (for example the keywords in the description, the bank's category, your own rules, the Merchant Table, the tax rates applied and, for an AI suggested category, the merchant name and amount sent to the model). Earnly will give you a meaningful explanation in plain language within 10 Business Days. Earnly does not have to disclose its source code or detailed rule sets, or anything that would infringe someone else's rights, but will not use this to avoid giving a meaningful explanation.

13.3 How to challenge an Output. If you think an Output is wrong:

13.3.1 correct it directly in the Platform, where your correction will prevail (section 7); or

13.3.2 email support@earnly.co.uk, or privacy@earnly.co.uk if your concern is about your personal data, with details of the Output and why you think it is wrong. You can also raise it through Settings → Help.

13.4 Human review. If you ask, a person at Earnly will review the Output and tell you the result within 10 Business Days. If the Output was caused by a fault in the Platform, Earnly will correct the fault, tell you whether other Outputs are affected and, where the fault is systematic, treat it as an AI incident under clause 12.7.

13.5 Objecting. You may object to the processing of your personal data where data protection law gives you that right, as explained in the Privacy Policy. Automated categorisation is integral to the Platform, but you can override every proposal. If an objection is upheld and the Services can no longer be provided to you, you may end the Agreement free of charge as described in the Terms and Conditions.

13.6 Complaints. If you are not satisfied, you may complain under the Complaints Procedure by email to complaints@earnly.co.uk, using the online form at https://earnly.co.uk/complaints, through Settings → Help or by post. Complaints about the account information service are handled under the complaints section of the Open Banking Consent Notice, and complaints about personal data under the Privacy Policy. You also have the right to complain to the Information Commission (ICO) at ico.org.uk or on 0303 123 1113.

13.7 Your other rights. Your rights of access, rectification, erasure, restriction, portability and objection are set out in the Privacy Policy.

14. Prohibited uses

14.1 The Acceptable Use Policy applies to all use of the Automated Features. In addition, you must not:

14.1.1 use any Output as a substitute for professional advice, or present any Output to anyone as verified, professionally prepared or an assurance of any kind;

14.1.2 use any Output, without independent verification, to prepare, submit or support any return, update or filing to HM Revenue and Customs, Companies House or any other authority, or any application to a lender, landlord or insurer;

14.1.3 use the Automated Features to create, alter or support false or misleading records, invoices, statements or evidence of income, or to facilitate tax evasion, fraud, money laundering or any other unlawful activity;

14.1.4 deliberately enter false categorisations or corrections in order to distort the Merchant Table;

14.1.5 attempt to extract, reverse engineer, replicate or scrape the rules, logic or Merchant Table behind any Output, or use automated means to query the Platform; or

14.1.6 use Outputs to develop a competing product or to train any AI model.

14.2 Earnly's rights. If Earnly reasonably believes that you have breached clause 14.1, Earnly may, after review by a person and in accordance with the "Suspension" and "Termination" clauses of the Terms and Conditions, restrict your access to features, suspend your Account or end the Agreement. Earnly may also remove your confirmations from the Merchant Table. Earnly will tell you why unless it is unlawful or unsafe to do so.

15. Responsibility and liability

15.1 What is never excluded. Nothing in this Policy excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else which cannot lawfully be excluded or limited.

15.2 Your responsibilities. You remain responsible for your tax position, for the accuracy and completeness of your records, for reviewing and correcting Outputs, and for all filings and payments to HM Revenue and Customs, as set out in the Financial Disclaimer.

15.3 If you are a Consumer: your statutory rights under the Consumer Rights Act 2015 are not affected, including without limitation the right to have services performed with reasonable care and skill and digital content that is of satisfactory quality and as described. Earnly is responsible for loss or damage you suffer which is a foreseeable result of Earnly breaching the Agreement or failing to use reasonable care and skill, but not for loss which is not foreseeable. Where your loss is caused partly by your own failure to review an Output as required by section 7 or the Financial Disclaimer, Earnly's responsibility is reduced to the extent your failure contributed to the loss.

15.4 If you are a Business User: the exclusions and limitations in the "Limitation of liability" clause of the Terms and Conditions apply to this Policy, as does the exclusion of implied terms for Business Users in the Terms and Conditions. Without limiting that clause, and subject to clause 15.1, Earnly is not liable to a Business User for:

15.4.1 any penalty, interest, surcharge or additional tax charged by HM Revenue and Customs or any other authority;

15.4.2 any loss arising from reliance on an Output that you have not reviewed and verified as required by section 7 and the Financial Disclaimer, including an Output marked as reviewed automatically;

15.4.3 any inaccuracy, incompleteness, delay or unavailability of data or services originating from Finexer, your bank or any other third party other than Earnly's own subcontractors; or

15.4.4 loss of profit, revenue, goodwill, anticipated savings or business opportunity, whether direct or indirect, or any loss or corruption of data except as provided in the "Limitation of liability" clause of the Terms and Conditions.

15.5 Liability cap. Earnly's total liability is subject to the "Limitation of liability" clause of the Terms and Conditions.

16. Changes to this Policy

16.1 Earnly may change this Policy only to reflect a change in the law, in regulation or regulatory guidance; a change in the Platform or the Automated Features, including a new AI provider or new use of AI under section 11; a security risk; or to make the Policy clearer.

16.2 Earnly will give you at least 30 days' notice of any material change, by email and in the Platform, before it takes effect. If you do not agree to a material change, you may end your Agreement free of charge before the change takes effect, as described in the "Changes to the Agreement" clause of the Terms and Conditions.

16.3 If a material change is adverse to you, including without limitation any new use of your data outside clause 5.3, Earnly will ask you to accept it positively before it applies to you. Continued use alone will not be treated as acceptance of a material adverse change.

16.4 Earnly may make minor changes which do not adversely affect you without notice. The current version is always available in the Platform and at https://earnly.co.uk/legal/ai-policy.

17. Governing law and jurisdiction

17.1 This Policy and any dispute or claim arising out of or in connection with it, including any non-contractual dispute or claim, is governed by the law of England and Wales.

17.2 If you are a Business User, the courts of England and Wales have exclusive jurisdiction.

17.3 If you are a Consumer, you may bring proceedings in the courts of England and Wales or, if you live in Scotland or Northern Ireland, in the courts of the part of the United Kingdom where you live, and the mandatory consumer protection law of that part of the United Kingdom applies to you.

18. Contact

Earnly Limited
41 New Cross Street
Swinton
Manchester
England
M27 4TU

• General support and questions about Outputs: support@earnly.co.uk
• Data protection and requests about your personal data: privacy@earnly.co.uk or https://earnly.co.uk/privacy-request
• Complaints: complaints@earnly.co.uk or https://earnly.co.uk/complaints