Terms and Conditions for Nordigen’s account information service

Updated 08/01/2020

1.1 These terms and conditions (hereinafter referred to as the Terms) apply when accessing and using Account Information Service (as defined in section 2) provided by SIA “Nordigen Solutions” (registration no.40103982535), a limited liability company registered under laws of the Republic of Latvia (hereinafter referred to as Nordigen).

1.2 Nordigen is a licensed payment institution that provides only account information services, supervised by Latvian financial supervisory authority – Financial and Capital Market Commission and registered in the register of licensed institutions of the Financial and Capital Market Commission. Nordigen’s contact details can be found on our website - https://nordigen.com/en/company/contact-us/.

1.3 These Terms along with other terms that are accepted in order to access and use Account Information Service constitute a legal and binding agreement (hereinafter referred to as Agreement) between You or the legal entity You represent (hereinafter referred to as You or User) and Nordigen. By accessing and using Account Information Service You:
- are entering into this Agreement and agree to be bound by the terms and conditions of this Agreement;
- confirm that You are at least 18 years old or You have reached the legal age in the jurisdiction where You reside;
- confirm that You have the legal capacity to enter into this Agreement;
- confirm that You have read and acknowledged the terms and conditions of this Agreement.

1.4 If You do not agree to the terms and conditions of this Agreement, You cannot access and use Account Information Service.

2.1 Account Information Service is a service which enables You to access, view or share (where relevant) information relating to Your payment accounts (hereinafter referred to as Account Information). Account Information Service is provided to You only if You have provided Nordigen explicit consent to perform the Account Information Service.

2.2 Account Information Service by Nordigen is available via websites or apps of Nordigen Partners, for example banks, credit institutions and other service providers (hereinafter referred to as Nordigen Partners), in connection to the provision of their services. When instructed by You to do so, Nordigen will share Your Account Information with the Nordigen Partner who will use Your Account Information to provide You with services You have requested.

2.3 In order to access Account Information Service You will be directed to a page where you will be able to give your consent to Nordigen, select the available Payment Account Provider (banks or other financial institutions providing You with a payment account), Payment Account you want to connect to and the Account Information you want to share with Nordigen Partners. Prior to the provision of the Account Information Service You will have to accept these Terms along with other terms that are mandatory in order to access and use Account Information Service.

2.4 When You give Your consent to Nordigen, You instruct Nordigen to:
- access the payment account(s) and Account Information that you have selected, including, where relevant, when you do not actively request such Account Information (i.e. when you are not actively viewing the data or requesting a refresh of the data) and storing the Account Information before sharing it with any Partners or third parties You have selected; and/or
- provide that Account Information to You, and share it with any Nordigen Partners or third parties you have selected and instructed Nordigen to share data with.

2.5 After You have given Your consent, accepted these Terms and selected Your Payment Account Provider, Nordigen will redirect You to Your Payment Account Provider who will ask You for Your credentials for authentication. Neither Nordigen nor Nordigen Partners will be able to see or access Your credentials at any time.

2.6 Once Your Payment Account Provider has confirmed authentication, Nordigen will access Your Account Information, provide it to You and share it in accordance with Your instructions. As soon as the Account Information is made available to You and/or Nordigen Partners, the Account Information Service is completed. In some cases, depending on the Nordigen’s Partner service You have selected, repeated retrieval of Account Information over a period of time is required. In such cases You will be asked to re-authenticate with the relevant Payment Account Provider at least every 90 days.

2.7 Nordigen does not guarantee availability and quality for such elements of the Account Information Service which are outside of Nordigen’s control, including, but not limited to contents of Your Account Information itself, availability of Account Information and other elements which are Your Payment Account Provider’s responsibility.

2.8 When accessing and using Nordigen Account Information Services via websites or apps of Nordigen Partners You will also be subject to Nordigen Partners service terms and conditions that will apply to Your use of their services. These Terms will not affect any of the terms of Nordigen’s Partner services.
Nordigen provides Account Information Service to You free of charge.

4.1 By using the Account Information Service, You confirm and guarantee that:
- You have the right to use the credentials to connect the selected Payment Accounts and request the Account Information Service. By no means You will access and use the Account Information Services with credentials You are not authorized to use;
- You will use the Account Information Service according to these Terms and applicable laws and regulations. You will not use the Account Information Service for any fraudulent, unlawful or abusive purpose.
- You do not copy, modify, distribute or publish content provided by Nordigen within the Account Information Service.

4.2 If You violate these Terms or otherwise cause harm, damage or losses to Nordigen, Nordigen is entitled to terminate Your access to the Account Information Service. Nordigen reserves the right to suspend You from using the Account Information Service at any time if You violate the Terms or otherwise use the Account Information Service in a way that may cause damage to Nordigen or a third party.

5.1 If You have suffered direct losses or damages as a result of Nordigen’s failure to comply with these Terms in provision of the Account Information Service, Nordigen’s total liability shall never exceed 50.00 EUR unless stated otherwise in applicable laws and regulations. Under no circumstances shall Nordigen be liable for loss of profit or any other indirect damages or loss, including any liability of the other party to compensate a third party.

5.2 Nordigen will not be responsible for any loss or damages You suffer as a result of Your failure to comply with these Terms or caused by matters out of Nordigen’s control.

5.3 Account Information Service is provided on an “as is” and “as available” basis, without warranties of any kind. You are aware that Nordigen does not have any control over the data maintained by Payment Account Providers and acknowledge that Nordigen makes no warranty in respect of the data quality of the Account Information, nor of it being accurate or complete.

5.4 Nordigen does not provide financial advice and will not be responsible for any decision You take or outcomes of any decision based on Account Information Services.

6.1 Agreement between You and Nordigen is in force until completion of the Account Information Service as You have requested according to Your consent.

6.2 Nordigen may terminate the Agreement with You or suspend your access to Account Information Service at any time if You have breached any of these Terms or if we are obliged to do so according to applicable laws and regulations.

6.3 You may terminate the Agreement with Nordigen at any time by sending a written notice to legal@nordigen.com .

6.4 Termination of the Agreement shall not affect those provisions of the Agreement which are expressly or by implication intended to be in force on or after such termination.

When providing Account Information Services, Nordigen process Your personal data according to this Privacy Policy, which can be found on Nordigen’s website.

8.1 “Intellectual property rights” shall mean all past, present or future rights, including but not limited to copyrights, moral rights, trademarks (trade names and service marks), inventions, patents (including patent applications), trade secrets, know-how, database, any other right in intellectual property of every kind and nature and also right in or relating to registrations, renewals, extensions, combinations, divisions, and reissues of and applications to register any of the rights referred to above as recognised in any country or jurisdiction where Account Information Service is provided.

8.2 Nordigen is the exclusive owner of and hereby retains all right, title and interest in and to Account Information Service.

8.3 Nordigen hereby grants to Client a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Account Information Service during the term of the Agreement.

9.1 Nordigen may request You to provide certain information in order to comply with applicable anti-money laundering laws. By accessing and using Account Information Services You undertake to provide such information. Failure to comply with this clause may affect the availabilty of the Account Information Service provided to You.

9.2 Nordigen may also monitor Your usage of the Account Information Service in order to comply with applicable anti-money laundering laws.

10.1 Nordigen highly values their customers, therefore in case You are not satisfied with provision of the Account Information Service, You can file a complaint and Nordigen will gladly help to sort out Your issue. Complaints should be addressed in writing to email address: legal@nordigen.com, or via mail to our office address: Ģertrūdes str. 44A, Riga, Latvia, LV-1011. Detailed complaint handling procedure is available on Nordigen’s website.

10.2 Agreement between you and Nordigen shall be governed by the laws of the Republic of Latvia. In case of a dispute between You and Nordigen which cannot be resolved trough mutual negotiations, such dispute shall be settled in courts of the Republic of Latvia according to the laws of the Republic of Latvia.

10.3 If You are a consumer, the consumer protection laws and procedures of the country You reside in are applicable. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions of the laws of your country of residence.

Nordigen may change these Terms at any time. In case of changes in these Terms, the updated Terms will be published on this webpage and shall come into force as of the moment of publishing. You have the right to terminate the Agreement if You do not accept the updated Terms. Account Information Service can be accessed and used only if you have accepted the Terms in force.

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