D. Developer Application Minimum End User Terms
Date Last Revised: October 19, 2017
1.1. “Account Data” means data relating to End User’s financial account in Financial Institution including:
- financial account holder details (including by way of example and without limitation name, address, email, phone number);
- financial account details (including by way of example and without limitation account number, type, currency, balance); and
- transactions details (including by way of example and without limitation transaction amount, date, description, currency).
1.2. “Developer” means the third party owner or provider of the Developer Application.
1.3. “Developer Application” means the web, desktop and/or mobile application used or intended to be used by End User as made available by or on behalf of Developer and which allows End User to access and use its own financial data via that application.
1.4. “Developer Services” means the services provided by Developer to End User via the Developer Application.
1.5. “End User” means any user of the Developer Application, including without limitation any end user of the Developer Application, any Developer's associate, partner or any other third party whom the Developer makes the Developer Application available to.
1.6. “End User Access Information” means any security or access information used to authorize the End User when accessing End User’s financial account in End User’s Financial Institution, including but not limited to username, access number, password, security questions and answers, token/SMS codes, multifactor information, biometric information, device information.
1.7. “EULA” means this end user license agreement concluded between Developer and End User which governs the use by the End User of the Developer Application.
1.8. “Financial Institution” means an entity engaged in the business of dealing with monetary transactions, including without limitation banks, payment system providers, e-wallet providers, loan companies, investment companies and other financial service providers.
1.9. “Financial Institution Account Data” means End User Access Information and Account Data.
1.10. “Financial Institution Services” means services offered by Financial Institutions and/or their third parties to End User, including but not limited to online banking, online payment, online investment, account and/or file download, online bill pay, online trading.
1.11. “Salt Edge” means the company Salt Edge Inc., which is a provider of financial data aggregation services and a licensor of Developer.
1.12. “Third Party Service Provider(s)” means Developer’s third party service providers (including but not limited to Salt Edge).
1.13. “Third Party Services” means services provided to Developer by Third Party Service Providers, which the Developer Application requests access to in connection with the provision of Developer Services.
2. Contracting Parties to EULA:
This EULA is entered into between Developer and End User. End User accepts and acknowledges that its use of the Developer Application is subject to the terms of this EULA and that Developer is solely responsible for the Developer Application and any liability arising out of use of the Developer Application.
End User and its agents shall not and shall not allow any third party to, either directly or indirectly:
- undertake any reverse engineering, decryption, decompiling, decoding, disassembling, or otherwise attempt to obtain the source code to the Developer Application;
- lease or time-share the Developer Application or host the Developer Application in a multi-tenant arrangement without prior written consent of Developer;
- remove, delete or obliterate any copyright notices, proprietary labels or private legends placed upon or found within the Developer Application or any duplicates thereof;
- engage in any acts with the Developer Application that mar, interfere, destroy, or access in an illegitimate fashion the servers, network connectivity, or other aspects or services of any third party; and
- encourage use of the Developer Application or information offered through the Developer Application in any way which may result in felonious or other illegal acts. End User must strictly adhere to all prevailing statutes and stipulations in making use of, accessing or distributing the Developer Application, including any information offered via the Developer Application.
4. Third Party Services:
4.1 End User acknowledges that the Developer Application may request access to some particular Third Party Services. In order to utilize the Developer Application that uses or gathers information from Third Party Services, End User hereby authorizes the Third Party Service Providers to share End User’s Account Data with Developer. Moreover, End User wholly accepts that Developer may give End User’s information to Third Party Service Providers to use in connection with the Third Party Services.
4.2 End User represents and warrants that it has the rights and mandate to offer such authorization to the Third Party Service Providers and Developer. End User’s use and/or access to Third Party Services shall be restricted to those purposes and access prerogatives allowed by the Third Party Service Providers. If End User accesses and uses the Third Party Services, End User is solely responsible for evaluating and assessing any Third Party Services including terms and conditions which apply.
4.3. Developer undertakes that it shall access, use, process and store End User’s information (including without limitation End User’s Account Data) strictly in accordance with the provisions of this EULA, and solely for the express purpose of providing the Developer Services to End User. End User acknowledges that Developer shall be solely liable for any liability arising from any access, use, distribution, storage, dissemination, or holding of End User’s information (including without limitation End User’s Account Data) by Developer and that all Third Party Service Providers expressly disclaims any liability arising from Developer’s use of End User’s information (including without limitation End User’s Account Data). END USER FURTHER AGREES AND UNDERTAKES TO INDEMNIFY AND HOLD HARMLESS EACH SUCH THIRD PARTY SERVICE PROVIDER IN RESPECT OF ANY LOSSES, CLAIMS, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING FROM DEVELOPER’S USE OF END USER’S INFORMATION (INCLUDING WITHOUT LIMITATION END USER’S ACCOUNT DATA).
5. End User’s Responsibilities:
The right of use granted to End User under this EULA is conditioned on End User’s compliance with its responsibilities set forth herein:
5.1. End User is solely responsible for maintaining the confidentiality and security of the End User Access Information that End User uses to access the Third Party Services through the Developer Application.
5.2. End User is solely responsible for compliance with the applicable laws, rules and regulations in the jurisdiction(s) End User uses the Third Party Services in and any liability arising from End User’s failure to do so is expressly disclaimed.
5.3. End User is solely responsible for ensuring that its use of the Third Party Services does not violate any applicable terms and conditions, policies, guidelines, regulations and restrictions of its Financial Institution(s). End User hereby acknowledges and agrees that it is solely responsible for verifying compliance of the Third Party Services accessed by End User via the Developer Application with its Financial Institution’s terms and conditions, policies, guidelines, regulations and restrictions and any liability derived from End User’s failure to do so is expressly disclaimed.
5.4. End User is solely responsible for any communication and information submitted to Developer, such as End User’s account registration information, including by electronic mail or otherwise through the online channels offered in the Developer Application. Developer assumes that any communication received through use of the End User’s account registration information was sent or authorized by End User and that any communication End User sends is compliant with applicable laws including anti-spam laws.
5.5. End User agrees to immediately notify Developer if End User becomes aware of any loss, theft or unauthorized use of any End User Access Information. Developer reserves the right to deny access to the Developer Application (or any part thereof) if it reasonably believes that any loss, theft, or unauthorized use of End User Access Information has occurred. Such denial of access may without limitation enable Developer to investigate said loss, theft or unauthorized use of any End User Access Information.
5.6. End User hereby acknowledges and agrees that Developer and its Third Party Service Providers have permission to combine Account Data in End User’s account(s) in Financial Institution(s) with that of others in a way that does not identify End User or any individual person, and to use such anonymized and aggregate Account Data, both during the term of this EULA and after its termination, for any purpose, including but not limited to conducting certain analytical research, performance tracking and benchmarking. Developer and its Third Party Service Providers may publish summary or aggregated results from time to time, and distribute or license the anonymous, aggregate research data for any purpose, including but not limited to helping to improve products and services, assisting in troubleshooting and technical support.
6. Collection of Financial Institution Account Data:
6.1. End User acknowledges and agrees that Developer and its Third Party Service Providers may collect and store End User’s Financial Institution Account Data in accessing End User’s information through the Third Party Services.
6.2. End User acknowledges and agrees that Developer and its Third Party Service Providers, in connection with the provision of Third Party Services through the Developer Application, may access, use, gather, process and store End User’s information (including without limitation End User’s Financial Institution Account Data) in jurisdictions other than End User’s country of residence and/or the jurisdiction(s) End User uses the Third Party Services in.
6.3. End User expressly authorizes Third Party Service Providers, in conjunction with the provision of Third Party Services via the Developer Application, to use certain End User’s information to: (i) collect End User’s Account Data; (ii) reformat and manipulate such Account Data; (iii) create and provide hypertext links to Financial Institution(s); (iv) access the Financial Institution Services using End User Access Information; (v) update and maintain account information; (vi) address errors or service interruptions; (vii) enhance the type of data and services Third Party Service Providers can provide in the future; 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 Third Party Services via the Developer Application.
6.4. IN ACCESSING AND USING THE THIRD PARTY SERVICES THROUGH THE DEVELOPER APPLICATION, END USER REPRESENTS AND WARRANTS THAT END USER IS THE LEGAL OWNER OF THE FINANCIAL INSTITUTION ACCOUNT DATA AND THAT END USER HAS THE AUTHORITY TO APPOINT, AND DOES HEREBY EXPRESSLY APPOINT THIRD PARTY SERVICE PROVIDERS AS END USER’S AGENT WITH LIMITED POWER OF ATTORNEY TO ACCESS IN READ-ONLY MODE AND RETRIEVE ACCOUNT DATA ON END USER’S BEHALF. End User further acknowledges that Third Party Service Providers do not review or analyze Account Data and End User agrees that Third Party Service Providers are not responsible for its completeness or accuracy. Any transactions or informational activities performed in any Financial Institution Services are not made through the Third Party Services and Third Party Service Providers assume no responsibility for such transactions or activities. End User acknowledges that it is solely responsible for any changes to End User’s Financial Institution Account Data, and that any such changes must be made in the applicable Financial Institution Services.
7. Information from Financial Institution Services:
End User acknowledges and agrees that: (i) Financial Institutions may not allow Third Party Service Providers access to Financial Institution Services; (ii) Financial Institutions may make changes to their Financial Institution Services, with or without notice to Third Party Service Providers, that may prevent or delay aggregation of data from such Financial Institutions; and (iii) although the Third Party Service Providers will try to “refresh” the Account Data, if the data is not the most current from Financial Institutions, End User’s most recent transactions may not be reflected in any account information presented to End User in the Developer Services. It is End User’s obligation to watch for discrepancy in End User’s Account Data, and before making any transactions or decisions based on Account Data presented in the Developer Services, End User should check the last refresh date for the account and confirm with that applicable Financial Institution that the Account Data is correct or otherwise confirm that the Account Data is up to date and accurate. THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT THE ACCOUNT DATA PRESENTED IN THE DEVELOPER SERVICES WILL AT ALL TIMES BE COMPLETE, ACCURATE, ERROR-FREE OR UP-TO-DATE.
END USER FULLY ACCEPTS AND CONFIRMS THAT THE DEVELOPER APPLICATION, ANY THIRD PARTY SERVICES AND ANY INFORMATION TENDERED THROUGH THE THIRD PARTY SERVICES OR DEVELOPER APPLICATION ARE PROVIDED "AS IS" AND "AS AVAILABLE". DEVELOPER, ITS LICENSORS (INCLUDING SALT EDGE) AND THIRD PARTY SERVICE PROVIDERS (INCLUDING SALT EDGE) OFFER NO WARRANTIES, DIRECT, IMPLIED, OR STATUTORY AND DISCLAIM ANY AND ALL WARRANTIES WITH REGARD TO THE DEVELOPER APPLICATION, ANY THIRD PARTY SERVICES OR ANY DATA PROVIDED THROUGH THE THIRD PARTY SERVICES OR DEVELOPER APPLICATION, EITHER WHOLLY OR PART OF IT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE OR NON-INFRINGEMENT. END USER ACKNOWLEDGES AND ACCEPTS THAT ANY USE OF THE DEVELOPER APPLICATION, THIRD PARTY SERVICES OR DATA PROVIDED THROUGH THE THIRD PARTY SERVICES OR DEVELOPER APPLICATION WILL BE AT END USER’S EXCLUSIVE JUDGMENT AND END USER’S SOLE RISK, AND THAT IN CASE OF ANY LOSSES WITH REGARD TO THE DEVELOPER APPLICATION, AS WELL AS LOSSES RESULTING FROM A BREACH OF TERMS OF SECURITY, OR DEVELOPER’S NON-COMPLIANCE WITH THE PREVAILING STATUTES AND REGULATIONS OR INFORMATION CONFIDENTIALITY SAFEGUARDING, SUCH LIABILITY IS WHOLLY WITH THE DEVELOPER AND NOT ITS LICENSORS (INCLUDING SALT EDGE) OR THIRD PARTY SERVICE PROVIDERS (INCLUDING SALT EDGE).
If any term or provision of this EULA 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; failing which, it shall be severed from this EULA, which shall continue in full force and effect and be binding upon End User.