Dashboard Terms of Service

Date Last Revised: January 14, 2021

These Dashboard Terms of Service ("Agreement") are a legal and binding agreement between you or the legal entity you represent ("you" or "your") and the Contracting Party specified in Section 1.4 below (also referred to as "Company", "we", "our" or "us"). This Agreement sets out the terms and conditions under which you may access and use the Services provided by us via the Digest or the Dashboard (all capitalized terms as defined below). By using the Services via Digest, or by signing up for a User Account (as defined below) and accessing the Dashboard, you agree to be bound by the terms and conditions of this Agreement. We recommend that you thoroughly review this Agreement, as the same may be updated from time to time, before accessing or starting to use the Services and during your use of the Services. You must not access and use the Services if you don’t agree to all of the terms and provisions of this Agreement.

The Services are made available to you and are provided by the Contracting Party specified in Section 1.4 below. The Company is a regulated entity authorized to provide account information services under the applicable local law(s) implementing the Revised Payment Services Directive ("PSD2"). To make it easier for you to navigate through this Agreement and find the relevant information quickly, we have divided it into the following sections for convenience:

1. DEFINITIONS
2. ACCEPTANCE OF AGREEMENT
3. YOUR USE OF THE SERVICES. DATA SHARING
4. SERVICES FEES
5. DATA TREATMENT
6. PERSONAL DATA PRIVACY
7. THIRD-PARTY LINKS AND SERVICES
8. ADDITIONAL TERMS
9. PROPRIETARY RIGHTS AND LICENSE
10. FORCE MAJEURE
11. CHANGES TO THE AGREEMENT AND SERVICES
12. TERM AND TERMINATION
13. DISCLAIMER OF WARRANTIES
14. LIMITATION OF LIABILITY
15. INDEMNIFICATION
16. LAWS AND JURISDICTION
17. GENERAL PROVISIONS
18. CONSUMER INFORMATION
19. CONTACT INFORMATION

1. DEFINITIONS

In addition to the capitalized terms defined elsewhere in this Agreement (including the introductory part), the following capitalized terms and constructions when used in this Agreement shall have the meanings given to them as follows:

1.1. "Account Information Services" means an online service to provide consolidated information on one or more Payment Accounts held by you with either another payment service provider or with more than one payment service provider, and includes such a service whether information is provided in its original form or after processing.

1.2. "Analytical Report" means a report generated by the Company based on the processing of your Payment Account Data, comprising analyses of your Payment Account Data for specified Payment Accounts, periods and analytical items, such as balance, income, expenses and savings.

1.3. "Account Provider" means the payment service provider that provides and maintains a Payment Account for you (e.g., bank, building society, electronic money institution).

1.4. "Contracting Party" means the party identified in the table below:

1.5. "Dashboard" means the online platform located at https://www.saltedge.com/dashboard accessed by you with your User Account credentials in order to use the Services, including without limitation any content, images, text and icons within such platform.

1.6. "Digest" means an online widget providing you with a summary overview of your Payment Account Data at a given date, as a result of your use of the Services.

1.7. "GDPR" means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).

1.8. "GDPR Consent to Share Data" means a freely given, specific, informed and unambiguous indication of your wishes by which you, by a clear affirmative action, give explicit consent to the Company to share your Payment Account Data and/or Analytical Reports with the designated Partner.

1.9. "Partner" means the third party that redirects you to the Services and with whom you instruct and authorize the Company to share your Payment Account Data and/or Analytical Reports, based on your GDPR Consent to Share Data.

1.10. "Payment Account" means an account accessible online held in your name by the respective Account Provider, including but not limited to current account, e-money account, flexible savings account and credit card account.

1.11. "Payment Account Data" means the information made available from your Account Provider relating to your Payment Account, including without limitation account details (account name, number, balance, currency, etc.), transactions details (transaction amount, currency, date, description, etc.), account holder details (name, address, email, phone number), and features and benefits of your Payment Account, that is accessed and automatically retrieved by the Company through the Services and presented to you in the Digest or Dashboard after processing.

1.12. "Personalized Security Credentials" means the personalized features, including without limitation Account Provider’s API access tokens, username, password, access number, security questions and answers, token/SMS codes, and multifactor information, provided to you by your Account Provider for the purposes of authentication, including but not limited to strong customer authentication.

1.13. "PSD2 Consent" means the explicit consent given by you to the Company to access your Payment Account for the purpose of providing Account Information Services.

1.14. "Services" means the Account Information Services, whether provided via Digest or Dashboard, and, as applicable, the functionalities (including consent management functionalities), content, features, tools or services made available by the Company from time to time in the Dashboard.

1.15. "User Account" means the unique user account in the Dashboard set up with the Company.

2. ACCEPTANCE OF AGREEMENT

2.1. By accessing and using (either by computer, mobile or other electronic device now or hereafter devised) the Services, you:

1. confirm that you are at least eighteen (18) years old, or of the legal age of majority in the jurisdiction in which you reside;
2. confirm that you have legal capacity to enter into this Agreement;
3. acknowledge that you have carefully reviewed the terms and conditions of this Agreement;
4. agree to be bound by the terms of this Agreement as well as the Dashboard Privacy Policy which governs the Company’s collection, use and processing of your personal data in connection with the provision of Services and with sharing your personal data with Partners; and
5. declare that you are not a politically exposed person as defined in the applicable anti-money laundering laws (in the case of Contracting Party which is Salt Edge Limited, as defined in regulation 35(12) of The Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017, as amended, and in the case of Contracting Party which is either BudgetBakers s.r.o. or Spendee a.s., as defined by Section 4 (5) of the Act No. 253/2008 Coll. on anti-money laundering, as amended). If at any time you fail to comply or cease to comply with this condition, or if you have any doubt as to whether you fulfil this condition, you must contact the Company immediately by email (see further Section 19 for contact information).

2.2. If you access and use the Services on behalf of a company, corporation, organization or other legal entity ("Legal Entity"), you agree to this Agreement for that Legal Entity and represent and warrant that you have the legal authority to bind that Legal Entity to this Agreement. In that case, “you” shall refer to the Legal Entity on whose behalf you are acting. If you are a Legal Entity, then all provisions hereof shall be applicable to such Legal Entity except for the provisions limited by the context to individuals.

3. YOUR USE OF THE SERVICES. DATA SHARING

3.1. Services Modes. Services may be provided to you in two modes: via Digest or via Dashboard.

3.1.1 Digest. Digest involves a one-day (valid for 24 hours) connection to one or several Payment Accounts held with one and the same Account Provider and offers you a one-time access to Digest relating to such connection. Once you close Digest, you will not be able to access it repeatedly for that instance of Services. Services in Digest mode are always based on redirection to Digest by a Partner.

3.1.2 Dashboard. Dashboard involves providing Services to you over time, with respect to one or more Payment Accounts held with one or several Account Providers, and offers you supplemental functionalities in your User Account. In Dashboard you will be able to access the consolidated view of your Payment Accounts time and again.

3.1.3 Registration. In order to be able to use the Services in Dashboard mode, you will be required to create a User Account. During the registration process you must provide an accurate and up-to-date email address and create a password. If you are redirected to Dashboard by a Partner, a User Account will be set up for you automatically based on the verified email address provided by such Partner to the Company before you start using the Services. When your User Account is created, the Company will send an automatic notification to your email address confirming your registration and, if applicable, requiring you to finalize the setup of your User Account. If required by law or regulation to carry out additional checks, we will ask for supplementary information during the registration of your User Account or post-registration in order to verify your identity. You are responsible for the accuracy of the registration information supplied to us in connection with your User Account, and must update such information promptly in case of future changes. You must keep your User Account credentials confidential and secure at all times and must not disclose them to any third party. You are solely responsible for all activities and actions carried out under your User Account. Any such activities and actions shall be deemed to be performed and authorized by you. You must immediately contact us (see contact details at Section 19) in case of suspected unauthorized access to your User Account or if you believe your User Account might have been compromised. You are solely responsible for any communication submitted to the Company in connection with your use of the Services, including by electronic mail or otherwise through the online channels offered within the Dashboard. The Company assumes that any communication received through use of your User Account registration information was sent or authorized by you and that any communication you send to us is compliant with applicable laws, including anti-spam laws.

3.1.4 "Know Your Customer". We are subject to regulatory requirements (under relevant European Union or local laws applicable to the Company) with respect to anti-money laundering, terrorist financing and related identity checks of our customers and monitoring their status and operations (also known as "Know Your Customer" measures or "KYC"). Our KYC policies and procedures may vary from time to time. To comply with applicable regulations, where you use or intend to use the Services in Dashboard mode, we may require from you, and keep records of, additional information in order to establish matters such as identity, affiliation, public exposure, ownership of Payment Accounts, purpose of the transactions and origin of funds on your Payment Accounts. Under certain circumstances, some of the additional information that we require for KYC purposes (such as your full name, date of birth, residence address, type of Payment Account – own, shared or legal, etc.) may be provided to the Company by the relevant Partner on your behalf during the registration of your User Account. By entering into this Agreement, you commit to provide accurate and up-to-date information as may be deemed necessary for the purposes set forth in this Section 3.1.4 and recognize that non-compliance with such requirement may result in our refusal to provide the Services or any part thereof to you and/or in the immediate termination of this Agreement by the Company.

3.2. Provision of the Services and Analytical Reports.

3.2.1 Account Information Services. The Services primarily involve the provision of Account Information Services, enabling you to see in Digest or Dashboard a consolidated overview of the Payment Account Data relating to all the Payment Accounts that you wish to allow us access to. In order for the Company to be able to provide the Account Information Services, you will have to authorize the Company to access your Payment Account(s). In this respect, we will ask for your PSD2 Consent by which you authorize the Company to access in read-only mode your Payment Account held with the respective Account Provider. To authorize our access to your Payment Account and, as applicable, in order to be able to link a particular Payment Account to your User Account in the Dashboard, you will have to authenticate yourself to the Account Provider that provides your Payment Account with your Personalized Security Credentials. By using the Services, you hereby confirm that you (i) are the legal holder of the Payment Account and have the legal right to use the associated Payment Account Data, or (ii) are duly authorized by the legal holder to access the Payment Account and use the Personalized Security Credentials and associated Payment Account Data as set forth in this Agreement. The Company will communicate with your Account Provider through secure channels conforming to the regulatory requirements in order to transmit the Personalized Security Credentials (where applicable), access the designated Payment Account and retrieve the associated Payment Account Data. We will continue to do so at certain intervals (including when you are offline) until the expiration or revocation of your PSD2 Consent.

3.2.2 Provision of Account Information Services via Digest. If you are using the Services in Digest mode, your PSD2 Consent will expire automatically at the end of the day following the day on which you have given it, as explicitly communicated to you at the time of requesting such consent. Upon expiration, all your Payment Account Data retrieved by the Company based on such consent will be deleted, along with your email address, if any, supplied to the Company in order to identify you for the purpose of providing the Services.

3.2.3 Provision of Account Information Services via Dashboard. If you are using the Services in Dashboard mode, your PSD2 Consent for each Account Provider linked to your User Account is displayed in the Dashboard, specifying such consent’s expiration date. You can revoke such PSD2 Consents at any time by deleting the established link to the respective Account Provider using the consent management options available in the Dashboard. If you delete your User Account, all your active PSD2 Consents in the Dashboard will be automatically revoked and all the active links to the Account Providers in your User Account will be automatically deleted. You hereby acknowledge that the revocation of a PSD2 Consent shall not affect the lawfulness of Company’s actions based on such PSD2 Consent before its expiration or revocation.

3.2.4 Partners. Based on your GDPR Consent to Share Data, the Company will share with the respective Partner (that has originally redirected you to Digest or Dashboard) your Payment Account Data (after processing, including without limitation data enrichment, carried out by the Company on such data) and/or Analytical Reports (as requested by Partner). Such sharing will take place until the GDPR Consent to Share Data expires or is withdrawn by you, or the respective Partner stops such sharing on their own. Depending on the Partner you wish the Company to share your Payment Account Data and Analytical Reports with and on whether you use the Services in Digest or Dashboard mode, the Company will ask for your GDPR Consent to Share Data either (i) at the same time when requesting the PSD2 Consent, or (ii) separately using the Dashboard functionality. We will only share with the Partner that Payment Account Data (including subsequent updates to such data if available) and/or Analytical Reports as authorized by you in the GDPR Consent to Share Data. If you are using the Services in Digest mode, your GDPR Consent to Share Data will expire automatically at the end of the day following the day on which you have given it, as explicitly communicated to you at the time of requesting such consent. If you are using the Services in Dashboard mode, it allows you to view the list of all Partners you have consented to share your Payment Account Data and/or Analytical Reports with, along with Partner’s details. You can withdraw any active GDPR Consent to Share Data at any time using the consent management options available in the Dashboard. You hereby acknowledge that the expiration or withdrawal of a GDPR Consent to Share Data shall not affect the lawfulness of Company’s actions based on such GDPR Consent to Share Data before its expiration or withdrawal.

3.2.5 Analytical Reports. The Company generates Analytical Reports as requested by the respective Partner. The Company does not use Analytical Reports for automated decision-making (making decisions solely by automated means without any human involvement) and profiling (automated processing of personal data to evaluate certain things about an individual) in your respect.

3.3 General Requirements. The Services are available to you through a compatible desktop or mobile device and require internet connection. You acknowledge and agree that you are solely responsible for the technical requirements relating to your access and use of the Services through your information technology device, including but not limited to: (i) any applicable charges, updates and/or additional fees of your telecommunications provider (internet service provider, mobile service provider and/or other data providers), and (ii) using the Services in compliance with the terms of your agreement with your telecommunications provider. You acknowledge and agree that the Company makes no warranties or representations of any kind, express, statutory or implied, as to whether the telecommunications services from your provider will be available and accessible at any time or from any location. We expressly disclaim any liability or responsibility for any loss, damage, or other security intrusion of the telecommunications services of your provider and any failure of your telecommunications service provider to transmit any data, communications or settings in connection with your use of the Services. You are responsible for the security of your internet connection, including by correctly configuring your information technology device and using adequate virus protection software.

3.4 Acknowledgement. While the Company will endeavor to ensure that the Services are available to you, whether in Digest or Dashboard mode, as applicable, at any time during the term of this Agreement and in accordance with its terms, we do not guarantee their continuous, uninterrupted or error-free operation and we shall not be liable to you if Services, Digest or Dashboard are unavailable at any time for any reason. We may also temporarily suspend or deny access to the Services, Digest or Dashboard in case of emergency, Force Majeure, technical problems, system failure or degradation, scheduled or emergency maintenance, security incident or requirements of competent authorities or regulators.

3.5 Your Notification Obligations. You must immediately notify the Company and your respective Account Provider if you become aware of any loss, theft or unauthorized use or disclosure of your Personalized Security Credentials or any Payment Account Data. The Company reserves the right to deny you access to the Services (or any part thereof) if the Company reasonably believes that any loss, theft, or unauthorized use or disclosure of the foregoing information has occurred. Such denial of access may without limitation enable the Company to investigate said loss, theft or unauthorized use or disclosure (including in cooperation with law enforcement authorities).

4. SERVICES FEES

We do not charge any fees for the Services. You will be able to use the Services for free during the term of this Agreement. The Company may have certain financial arrangements in place with the respective Partner(s) (which have originally redirected you to Digest or Dashboard). If we decide to charge a fee for the Services in the future, we will notify you in advance in accordance with the terms of this Agreement.

5. DATA TREATMENT

5.1. By giving your PSD2 Consent and using the Services you hereby represent and warrant that you are the legal holder of the Payment Account Data or are duly authorized by the legal holder to accept the terms, make the representations, give the warranties and grant the licenses as set forth in this Agreement with respect to the Payment Account and associated Payment Account Data. You hereby grant the Company a non-exclusive, royalty-free license during the PSD2 Consent period to access your Payment Account in read-only mode and use your Personalized Security Credentials and Payment Account Data for the purpose of providing the Services and generating Analytical Reports as set forth in this Agreement. The Company can’t make any changes to your Payment Account through the Services. The Company does not manually review or analyze the retrieved Payment Account Data and you agree that the Company is not responsible for its completeness or accuracy. Any transactions or activities performed in any of your Payment Accounts held with your respective Account Providers are not made through the Services and the Company assumes no responsibility for such transactions or activities. You are solely responsible for any changes to your Payment Account Data and/or Personalized Security Credentials, and any such changes must be made with your respective Account Provider.

5.2. You agree that in performing the required technical steps to provide the Services, the Company may make such changes to your Payment Account Data and Personalized Security Credentials as are necessary to conform and adapt such data to the regulatory, technical and security requirements of connecting networks, devices or media. You further authorize the Company, in connection with the provision of Services and the generation of Analytical Reports, to: (i) collect, process, store, share and transmit your Payment Account Data and Personalized Security Credentials, (ii) reformat, organize, structure, alter, modify, transmit, consolidate and adapt your Payment Account Data, (iii) use Payment Account Data to generate and share Analytical Reports; (iv) create and provide hypertext links to your Account Provider(s), (v) update and maintain the information in your User Account, including performing offline updates (without your interaction), (vi) address service errors or interruptions, (vii) enhance and improve the Services, and (viii) take such other actions as are reasonably necessary to perform the actions described in (i) through (vii) above, each in connection with the provision of the Services.

6. PERSONAL DATA PRIVACY

6.1. In order to provide the Services and generate Analytical Reports, the Company will collect, process and use your personal data (including without limitation User Account registration information, Payment Account Data and Personalized Security Credentials). Our Dashboard Privacy Policy explains in detail how the Company processes and protects the personal data in our custody or control, and describes the technical and organizational measures implemented in order to maintain the security, confidentiality, availability and integrity of such data. By using the Services, you hereby agree to the terms of the Dashboard Privacy Policy, including any subsequent changes as published and communicated to you by the Company.

6.2. By using the Services, you acknowledge and agree that The Company has the right to make anonymized data (i.e., non-personally identifiable information) based on or derived from personal and non-personal data submitted by you or collected from you or through your use of the Services, and combine such anonymized data with that of other users of the Services in order to make anonymized aggregated data. The Company may use the anonymized data and anonymized aggregated data for various business purposes, including but not limited to compiling statistical reports, troubleshooting, providing and improving the Services, developing and improving other Company products and services. For the avoidance of doubt, we will not sell anonymized data and anonymized aggregated data.

7. THIRD-PARTY LINKS AND SERVICES

The Services, Digest and Dashboard may include links to or be linked from, or otherwise direct your attention towards, websites, services, features, or products operated or offered by third parties, including without limitation Partners and Account Providers, (collectively, "Third-Party Services") and not by the Company. Such links and information are offered solely for informational purposes and your convenience. The inclusion of any link does not imply an association, support, endorsement, consent, evaluation, or approval by the Company of such third party or Third-Party Services. The Company shall not be liable for the information and content contained in any Third-Party Services or for your use of or incapacity to use such Third-Party Services, and the Company expressly disclaims any liability for them. Access to any Third-Party Services is at your own risk, and you must be aware of the fact that Third-Party Services are governed by terms of service and privacy policies different from those of the Company.

8. ADDITIONAL TERMS

8.1. No Professional Advice. Any information or data contained in or made available through the Services is provided for informational purposes only and can’t substitute for the services of qualified professionals. The Company does not give professional advice and is not in the business of providing legal, financial, accounting, taxation or other professional services or advice. You should independently verify and research, or take independent financial advice from a trusted and competent professional in connection with, any information or data contained in or made available through the Services, Digest and/or Dashboard for the purpose of making any financial decisions or otherwise. The Company expressly disclaims any liability, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or data, or any use of or reliance upon such information or data.

8.2. Accuracy Disclaimer. You acknowledge and agree that: (i) Account Providers may not always allow the Company access to your Payment Account, (ii) Account Providers may make changes to their interfaces, APIs or services, on a planned or emergency basis, with or without notice to the Company, that may prevent or delay access to your respective Payment Account and/or the provision of Account Information Services to you, and (iii) although the Company will try to “refresh” the Payment Account Data, if the data is not the most up-to-date from your Account Provider, your most recent transactions and current account balance may not be reflected in the Digest or in your User Account in the Dashboard. It is your obligation to watch for any discrepancies in your Payment Account Data, and before making any transactions or decisions based on the Payment Account Data presented to you in the Digest or the Dashboard, you should, as applicable, check the last refresh date for the Account Provider linked to your User Account and confirm with the applicable Account Provider that the Payment Account Data is correct or otherwise confirm that the Payment Account Data is up-to-date and accurate. The Company does not represent or warrant that the Payment Account Data provided to you in the Digest or the Dashboard will at all times be complete, accurate, error-free or up-to-date. You further acknowledge that the Services are not sponsored or endorsed by any Account Provider accessible through the Services.

8.3. Service Notifications. If you are using the Services in Dashboard mode, from time to time we may send you important communications regarding the Dashboard and/or Services, your User Account, updates to this Agreement and/or Dashboard Privacy Policy, system alerts and any other notifications which may be required by law or regulation (including without limitation notification of a security incident) (collectively, "Mandatory Notifications"). Such Mandatory Notifications will be sent to your email address supplied as part of your User Account registration information (as the same may be updated by you from time to time). You cannot opt out of receiving these Mandatory Notifications. In regards to any other non-mandatory informational emails that the Company may decide to send from time to time relating to the Dashboard or the Services, you may opt out or unsubscribe from receiving them by following the instructions provided in each such email.

8.4. Feedback. The Company may freely use any suggestions, feedback or ideas you may provide to us relating to the Services, Digest and/or Dashboard (collectively, "Feedback"). You acknowledge and agree that any Feedback is and shall be given entirely voluntarily. By providing any Feedback to the Company you hereby grant us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, royalty-free right and license to use, disclose, copy, distribute, create derivative works, modify, display, exploit and license the Feedback in any form and manner for any business purpose, including but not limited to modifying and improving the Services, the Company’s other current and future services and products, service advertising and marketing materials. The Company reserves the right to incorporate the Feedback into the Services and, if so incorporated, the Feedback will form part thereof and will become the Company’s intellectual property.

9. PROPRIETARY RIGHTS AND LICENSE

9.1. Ownership. The Company and its licensors, as applicable, reserve all rights, title and interest, including all intellectual property rights, in and to the Services, Digest, Dashboard and the underlying technology, including without limitation all software and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof and all research and development and experimental development in respect thereto ("Technology"). Salt Edge, Digest, Dashboard, Spendee and BudgetBakers are trademarks or registered trademarks of the respective Company or its respective affiliates and licensors. All other trademarks, trade names, service marks, graphics and logos used in connection with the Digest, Dashboard and Services that are not owned by the Company or its respective affiliates and licensors are the property of their respective owners and are used for identification purposes only. The Company does not grant you any right or license to use, copy or reproduce any of the Company’s trademarks or the trademarks of any third party (including without limitation Partners and Account Providers) that may appear in the Digest, the Dashboard and/or in connection with the provision of Services.

9.2. License Grant. Subject to your compliance with the terms of this Agreement, the Company hereby grants you a personal, non-commercial, limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the Services, Digest or Dashboard, as applicable, during the term of this Agreement and in accordance with its terms and conditions. Except for the rights expressly granted to you in this Agreement, no other rights are granted by implication, estoppel or otherwise. You acknowledge that only the Company (or its respective licensors) shall have the right to maintain, enhance or otherwise modify the Services, Digest, Dashboard and the Technology.

9.3. License Restrictions. You shall use the Services and, as applicable, Digest and Dashboard, solely for the purposes that are permitted by and as contemplated in this Agreement. Without limiting any other provision of this Agreement, you agree that you shall not, either directly or indirectly:

• disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, transmit, distribute, rent or otherwise deal in any element of Digest and Dashboard;
• modify, translate, adapt, copy, download, frame, link to, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on, Digest, Dashboard or any part thereof, except to the extent the foregoing restrictions are expressly prohibited by applicable laws;
• breach, override or otherwise circumvent any authentication or security mechanisms, or use restrictions that are built into the Dashboard or Services or try to have any unauthorized access to the Dashboard or Services, their associated servers, networking, systems, services and data;
• remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the Services;
• engage in any actions with the Services, Digest and Dashboard that meddle with, disturb, destroy, or access in an unlawful way the server networks, connections, systems, records, or other assets, tools or services of the Company or any related third party;
• engage in any actions with the Services, Digest and/or Dashboard that could result in disruption of the Services;
• engage in any behavior that could harm or pose an unreasonably large load on the technical infrastructure or systems of the Services;
• transmit any worms, viruses, trojan horses, or any other malware, disruptive or harmful software or data through your access to and use of the Services, Dashboard and Digest;
• access and use the Services, Digest, Dashboard or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by this Agreement.

10. FORCE MAJEURE

You hereby release the Company from any liability arising from a delay in performance or non-performance by the Company under this Agreement caused by Force Majeure. "Force Majeure" means any circumstances that are beyond the Company’s reasonable control, which, and whose consequences, it cannot be reasonably expected for the Company to avoid or overcome, including without limitation acts of God, normative acts issued by state or government institutions, strikes, lock-outs, war or any kind of military operations, blockade, epidemics, pandemics, acts or threats of terrorism, unavailability of the interfaces, APIs or services of Account Providers, errors or outages of public or private telecommunications networks, enforcements by competent authorities, etc.

11. CHANGES TO THE AGREEMENT AND SERVICES

11.1. Changes to the Agreement. The Company reserves the right to change this Agreement at any time and from time to time to reflect changes in the applicable laws or regulations, technical or security requirements, the functionality of the Services, or our business requirements. We will post an appropriate notice of such changes at the top of this webpage and/or, if you use the Services in Dashboard mode, we will give you reasonable advance notice through the Services or by other means (e.g., via email notification). Any non-material change to this Agreement will become effective on the date the change is posted on this webpage and any material changes will become effective thirty (30) days from their posting in the Dashboard. The date of the last update of this Agreement is set out at the top of this webpage. You acknowledge and agree that your continued access to and use of the Dashboard and Services after the date the changes to this Agreement become effective indicates your agreement to such changes.

11.2. Updates to the Services. The Company may in its sole discretion and at any time update or modify the Services, discontinue, temporarily or permanently, providing the Services or any part thereof, including without limitation for technical, maintenance, security, legal, compliance or other business reasons. The Company may also perform maintenance of the Services from time to time, on a planned or emergency basis, which may result in interruptions, delays or errors in the Services. You acknowledge and agree that any maintenance, modification, suspension or termination of the Services may be effected without prior notice, although, if you use the Services in Dashboard mode, the Company will endeavor to provide such notice whenever feasible. Your continued use of the Services after the date of changes to the Services indicates your agreement to such changes.

12. TERM AND TERMINATION

12.1. This Agreement becomes effective when you start using the Services and remains in force:

1. in respect of Services provided in Digest mode: until the expiration of the respective PSD2 Consent, which occurs at the end of the day following the day on which you have given such consent;
2. in respect of Services provided in Dashboard mode: until terminated by either party.

12.2. Where you use the Services in Dashboard mode, we may terminate this Agreement at any time and for any reason, without liability to you or to any other person as a result of any such termination, by giving you thirty (30) days’ advance written notice whenever feasible. You acknowledge and agree that the Company in its sole discretion and without advance notice may immediately suspend or terminate this Agreement and your User Account:

1. if the Company reasonably believes that you are in breach of any applicable laws or of any of the terms of this Agreement (including without limitation by using the Services to carry out fraud or other illegal or criminal activities or by refusing to subject yourself to required KYC checks);
2. if the Company determines that you have used, or are using, another person’s identifying or proprietary information in order to use the Services, to access Digest, Dashboard and/or to access someone else’s financial accounts and information associated with such accounts (referred to as “identity theft”); or
3. if we are required by any law enforcement, government or regulatory body with jurisdiction over the Company.

12.3. You further acknowledge that the Company may terminate your User Account with notice to you if it is inactive (i.e., no sign-ins or no performed Payment Account Data refreshes) for more than six (6) months and the Company will not be liable to you or to any other person as a result of any such termination.

12.4. If you are using the Services in Dashboard mode, you may terminate this Agreement at any time for any reason by deleting your User Account (using your account options). Alternatively, you may provide notice to the Company about your decision to terminate this Agreement and we will delete your User Account as soon as practicable after receiving such notice from you.

12.5. Upon termination of this Agreement: (i) you must cease all use of the Services and any other activities or actions permitted under this Agreement, (ii) all rights and licenses granted to you under this Agreement will be terminated, and (iii) if you have been using the Services in Dashboard mode, your User Account will be closed and all the information and data relating to your User Account will be deleted in accordance with the Company’s data deletion procedure set forth in the Dashboard Privacy Policy.

12.6. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

12.7. Should you breach any term of this Agreement (including without limitation by using the Services to carry out fraud or other illegal or criminal activities), we may take any and all actions as we reasonably deem appropriate and required or permitted by law, including without limitation notifying the competent law enforcement, government or regulatory bodies and, to the extent required or permitted by law, disclosing any pertinent information relating to your breaching actions, your User Account and/or any information (including personal data) in your respect in furtherance of an official investigation.

13. DISCLAIMER OF WARRANTIES

13.1. The Services, Digest and Dashboard are provided to you by the Company on a reasonable effort and bona fide basis. The terms of this Agreement, including without limitation any and all disclaimers and limitations of liability set forth herein, are inherent elements of the relationship established between you and the Company. The Services, Digest and Dashboard would not be provided without such limitations.

13.2. Subject to clause 13.1 and clause 14.2, you acknowledge and agree that to the maximum extent permitted by applicable laws:

1. the Company offers the Digest, Dashboard and Services on an “AS IS” and “AS AVAILABLE” basis and does not accept responsibility or liability for any use of or reliance on the Digest, Dashboard and Services or any information provided through the Services, or for any disruptions to or delay in the provision of the Services, or for any performance or non-performance of any of your Account Providers’ interfaces, APIs or services;
2. the Company makes no warranties or representations, express, statutory or implied, as to the accuracy, timeliness, comprehensiveness, completeness, quality, reliability, currency, error-free nature, compatibility, security, data loss, non-interference with or non-infringement of any intellectual property rights, or fitness for a particular purpose of Digest, Dashboard and Services or any information provided through the Services;
3. the Company does not guarantee the adequacy of the Services or compatibility and security thereof with your computer equipment and does not warrant that the Services, their infrastructure or any emails or communications transmitted via the Services will be free of viruses or secure against hacking attacks; and
4. Analytical Reports are generated by the Company solely for the benefit of the Partner requesting such reports and the Company disclaims any and all liability to you arising from, or relating to, the generation of Analytical Reports, their sharing with the respective Partner and/or the decisions taken by such Partner in your respect based on any Analytical Report (including any automated decision-making).

13.3. The exclusion of the warranties and liability disclaimers set forth in clause 13.2 shall apply to the maximum extent allowed by the applicable laws in your jurisdiction and provided that the application of such exclusion will not make the Company to be in breach of any applicable laws, or the rules, directions or orders of any competent authority or regulator with jurisdiction over the Company.

14. LIMITATION OF LIABILITY

14.1. You acknowledge and agree that, to the maximum extent permitted by applicable laws, the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for, relating to or arising from: (i) loss of profits, (ii) failures of telecommunications, the internet, electronic communications, (iii) loss of contract, business revenue or investment, (iv) use of software or hardware that does not meet Company’s systems requirements, (v) damage to goodwill, reputation, data or other intangible losses, or (vi) resulting from your use of or inability to use the Services, or from any performance or non-performance of any of your Account Providers’ interfaces, APIs or services. The above limitations apply even if the Company has been advised of the possibility of such damages.

14.2. Nothing in this Agreement is intended to or shall exclude or limit the Company’s liability: (i) for death of personal injury caused by our negligence, (ii) for fraud and/or fraudulent misrepresentation, (iii) for our willful misconduct or gross negligence, (iv) for regulatory breach by the Company, and/or (v) which cannot be excluded, limited, modified or restricted under the applicable laws and/or regulations. All statutory rights that are or may be available to you relating to the provision of Services under this Agreement shall not be impaired or affected.

15. INDEMNIFICATION

You agree to indemnify, defend and hold the Company and its officers, directors, employees, subcontractors and licensors harmless from all losses, damages, fines, penalties, costs and expenses (including without limitation reasonable attorney’s fees) incurred or suffered by the Company as a result of: (i) your use of the Services, (ii) a breach by you of any of the terms of this Agreement or the applicable laws, (iii) your infringement of any intellectual property rights or any other rights of third parties, and/or (iv) fraud committed, or fraudulent misrepresentation made, by you.

16. LAWS AND JURISDICTION

This Agreement shall be governed by, and construed in accordance with, the laws of the country where the Company’s registered address is. Any dispute or claim arising out of, or in connection with, this Agreement and its existence, interpretation, validity or termination (including non-contractual disputes or claims) that cannot be resolved amicably between you and the Company shall be submitted to the court having territorial jurisdiction over the Company’s registered address. Alternatively, if you are an EU/EEA consumer, you may avail yourself of the Online Dispute Resolution platform made available by the European Commission if there is a dispute or claim in connection with this Agreement that cannot be resolved amicably.

17. GENERAL PROVISIONS

17.1. Entire Agreement. This Agreement, including the Dashboard Privacy Policy, constitutes the entire agreement and understanding between you and the Company with respect to access to and use of the Digest, Dashboard, the Services and related processing of your Payment Account Data and personal data and replaces all prior understandings, communications and agreements, whether oral or written, regarding the subject matter hereof.

17.2. Language. This Agreement is made in English language, and the English version shall prevail over any other versions in other languages that we may decide to additionally publish in the future for your convenience. Our communication with you during the term of this Agreement will be in English only.

17.3. Severability. If any provision of this Agreement is held to be illegal, invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Such illegal, invalid, void or unenforceable term or provision or part thereof shall be deemed modified to the extent required to render it enforceable as to such jurisdiction, failing which, it shall be severed from this Agreement, which shall continue in full force and effect and be binding upon the parties hereto. The prohibition or unenforceability of a provision of this Agreement in any jurisdiction shall not invalidate such provision in any other jurisdiction.

17.4. Assignment. You cannot assign, sub-license or transfer any or all of your rights or obligations under this Agreement to any third party without the Company’s prior written approval. However, the Company in its sole discretion may assign or transfer this Agreement, in whole or in part, without your consent to a third party provided however that such assignment shall not affect your rights or our obligations to you under this Agreement.

17.5. Non-Waiver. No failure or delay on the part of either party in exercising any right, power or remedy under this Agreement shall operate as a waiver thereof, and no single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof, or the exercise of any other right, power or remedy.

17.6. Third Parties. A person who is not a party to this Agreement cannot enforce or enjoy the benefit of any term or provision of this Agreement. This Agreement shall not be construed as conferring any rights to any third party (including any third-party beneficiary rights).

17.7. Headings. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.

17.8. Export Controls. The Services, Dashboard and Digest may be subject to the export control laws of, trading embargoes or other trading restrictions imposed by, the United States, United Kingdom, European Union and/or the United Nations. You acknowledge that none of the Services, Digest and Dashboard may be downloaded, used or otherwise exported or re-exported, directly or indirectly into any countries that are subject to U.S., UK, EU, United Nations or Canadian sanctions applicable to export or re-export of goods. You represent and warrant that you (i) are not located in a country that is subject to a U.S., UK, EU, United Nations or Canadian embargo, or that has been designated by U.S., UK, EU, United Nations or Canada as a terrorist-supporting country and (ii) are not listed on any list of prohibited or restricted parties, specially designated nationals, or blocked persons.

18. CONSUMER INFORMATION

If you have complaints in regards to the provided Services, you can address them as follows:

19. CONTACT INFORMATION

If you have any questions, complaints or claims regarding this Agreement or the Services, please address them to the Company using the following contact details: