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BANQWARE ACCOUNT AGGREGATION SERVICE
END USER TERMS OF SERVICE

I. INTRODUCTION

Set out below are the terms of service (“Terms of Service”) which apply when you (the “End-User”) use the Service (defined below) and which set out the legally binding conditions which govern our provision of the Service to you.


Your use of the Service is conditional on your acceptance of these Terms. You should read these Terms of Service carefully and make sure you understand them before agreeing to them. These Terms of Service are available for you to download. You may also request a copy of these Terms of Service from us at any time after your use of the Service by emailing us at contact@banqware.com.

II. WHO WE ARE

The service is provided by Banqware sp. z o.o.

Banqware sp. z o.o. (hereinafter referred to as "Banqware") is a company registered in Poland with its registered office at Al. Jerozolimskie 123a, 02-017 Warszawa. Banqware is listed in the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, 12th Commercial Division of the National Court Register, under KRS [National Court Register] no. 0000656958, with NIP [Tax Identification Number]: PL9512426439 and REGON [Statistical Number]: 366284100. Banqware is owned by banqUP BVBA, based in Belgium.

Banqware is authorized to provide an account information access service on the basis of an entry by the Polish Financial Supervision Authority into the register of providers providing only account information under number AISP2/2019. Upon notification to the competent authorities, Banqware is authorized to provide the account information access service also in other selected countries of the European Union (so-called passporting).

III. OUR SERVICES

Banqware Services will only be provided on the basis of the user's voluntary, express consent (expressed in a clear manner) to the processing of the Account Information. Your consent is voluntary, but necessary for Banqware's ability to provide services to you.

Banqware may provide the Customer Provider with Account Information only on the basis of the User's voluntary, express consent (expressed in a way that does not raise any doubt).

Banqware services to you include the following (together, the “Service”):


1. We will provide the User with a software tool (“APIHub”) which can be used to transmit information relating to payment accounts (“Account Information”) that you hold with an Account Servicing Payment Service Provider (i.e. bank), according to these Terms of Service. Access to your account information obtained as defined in section 1.
2. The provision by Banqware of aggregated data.
3. In addition, Banqware may also provide unprocessed data, including a list of accounts and transactions, at your direct request.
4. APIHub may merge or aggregate Account Information retrieved from a particular Financial Institution with Account Information retrieved from other Financial Institutions if you have Banqware access and transmit such information.

The Account Information collected from your ASPSP is not checked for accuracy so we cannot check that the aggregated information provided to your Provider(s) is accurate, although we will of course use all reasonable efforts to ensure that our aggregation of that Account Information is accurate.


The services provided by each Provider and ASPSP are dealt with by the agreements that you have with each of them. As a result, we have no responsibility for the products and services provided to you by the Provider, any relevant ASPSP, or any other third party and are not liable to you for any harm, damage or loss arising from your use of those products and services.

In particular, you should check your ASPSP and Provider’s rules on data privacy. Once your Account Information (including any personal data) is transmitted through our APIHub to a Provider, that Provider (and not Banqware) becomes responsible for it.

We will not charge you for your use of the Service. Providers or other third parties may, however, charge you for your use of applications and other products that make use of the APIHub or other services provided by Banqware.

IV. HOW WE PROTECT YOUR ACCOUNT INFORMATION

Providers will only be able to access your Account Information where you have explicitly given them permission to do so. This ensures that the Provider that referred you to us can only see the Account Information that you have selected through the SCA.

V. WHAT WE NEED FROM YOU

  • You are only permitted to use the Service if you are aged 18 or older. By agreeing to these Terms of Service you represent that this is the case;
  • We are providing the Service to you only so you should not share your access to the Service with anyone else;
  • You are only entitled to access and use the Service in accordance with these Terms of Service.

VI. WHAT HAPPENS WHEN YOU USE THE SERVICE

By using the Service, you:

  • Represent that you are allowed to use the Account Data for this purpose, without any obligation by us to pay any fees or subject to any other limitations including any agreements with third parties;
  • Give us your explicit consent to retrieve, merge and/or aggregate your Account Information for you using the APIHub and transmit it to the relevant Providers for the purpose of providing the Service when you access the APIHub through your Provider.

VII. PRIVACY AND PERSONAL DATA PROTECTION

We take your privacy seriously and we use your personal data in line with our Privacy Policy which can be found here https://www.banqware.com/aggregation-service-privacy-policy-en. You agree to us processing your personal data in accordance with the Privacy Policy and these Terms of Service for the purpose of providing the Service to you. If you are not comfortable with how we handle your personal data as explained in the Privacy Policy, you should not use our Service.

VIII. LIABILITY

In connection with the provision of the Services, Banqware will be liable to you for damages on general terms of the generally applicable law. In particular, Banqware will be liable to you for damages arising out of or in connection with Banqware using your Account Information in an unauthorized manner going beyond your consent or providing User Account Information to third parties without your consent.

In connection with your use of the Services, you will be liable to Banqware for damages on general terms of the generally applicable law.

IX. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

While we will provide the Service with reasonable care and skill, the content and all services and products associated with the Service or provided through the APIHub or the Service are provided to you on an “as-is” and “as available” basis.


Subject to the section below, under ‘What if things go wrong?’, we make no express representations or warranties of any kind:

  • as to the accuracy, reliability or completeness of the content of the Service (except for our aggregation methods); or
  • that the content that may be available through the Service is free of infection from any viruses or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, surreptitiously intercept or expropriate any system, data or personal information;
  • and expressly disclaim any warranties of non-infringement or fitness for a particular purpose.

X. WHAT IF THINGS GO WRONG?

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms of Service or our failing to use reasonable care and skill. We are not responsible for any losses that you suffer as a result of our failure to comply with these Terms of Service except those losses which are a foreseeable consequence of the breach. Loss or damage is foreseeable either if it is obvious that it will happen or if, at the time you agreed to these Terms of Service, both we and you knew it might happen.

 

We will not be liable nor responsible for any harm, damage or loss to you arising from or relating to hacking, tampering or any unauthorized access to your Account Information, Credentials or other data outside of the Service that we provide. You warrant that you have undertaken all reasonable efforts to ensure and secure your Credentials and Account Information outside of the Service that we provide. Subject to the section below, our liability to you for any cause whatever and regardless of the form of the action, if proven, will at all times be limited.

 

We are not liable to you for any harm, damage or loss to you arising from the acts or omissions of any third parties, including in particular ASPSPs and Providers. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or for breach of your legal rights in relation to the Service.

 

Where we become aware of any personal data breaches in relation to the Service and your Credentials where such a breach is likely to result in high risk of adversely affecting your rights and freedoms we will, where feasible report such a breach to the regulatory bodies and to you within 72 hours of becoming aware of the breach.

 


Where you feel that there may have been a breach of the agreement between you and your Provider, then please notify your Provider copying  contact@banqware.com.

XI. ABOUT THIS AGREEMENT

These Terms of Service will apply each time you use our Service.

We may at any time terminate or withhold your access to all or any part of our Service at any time, effective immediately:

  • if you have breached any provision of these Terms of Service (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of these Terms of Service); or
  • if we, in our sole discretion, believe we are required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful).

XII. CHANGES TO THESE TERMS OF SERVICE

Each time you use our Service you will be bound by the Terms of Service in force at that time.

The current Terms of Service are available at the website: https://www.banqware.com/user-conditions-en
From time to time, we may change these Terms of Service. If we do this then we will publish those changes on our Site and you will be bound by those new terms the next time you use our Service. If you do not agree to those changes you should not use our Service.
You may at any time contact Banqware for information about the Terms of Service that were in effect when you used the Services and Banqware is required to make them available to you.

XIII. WHO DECIDES DISPUTES?

Subject to different generally applicable laws, the law applicable to the agreement between you and Banqware under these Terms of Service is Polish law.


Any dispute sparking services arising between Banqware and the Consumer User may be resolved in out-of-court proceedings, particular, by the entities referred to in the Out-of-Court Settlement of Consumer Dispute Act of 9 November 2016. (OU 2016 item 1823 with chng.))

Any disputes related to the Services provided by Banqware under these Terms of Service will be settled by the competent Polish ordinary courts, unless specific provisions provide for the possibility of resolving the dispute by the competent court of the customer's place of residence which is the consumer.

XIV. CONTACT US

If you have any questions regarding the provision of the Services or security measures used by Banqware, please send an email to contact@banqware.com or by post to Banqware: Al. Jerozolimskie 123a, 02-017 Warsaw

CONTACT

Headquarter in Belgium
Proudly developed in Poland

 

E-mail: contact@banqup.com

 

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ABOUT US

BanqUP is an API-driven platform for open banking solutions, allowing for banks and fintech companies to access a number of European banking APIs.
BanqUP helps TPPs and banks quickly access open banking ecosystem and analyze banking data, allowing them to create bold and innovative solutions, as well as cross-sell and up-sell their existing product.

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