Terms and Conditions

Updated 08/01/2020

These terms and conditions apply when you access or use website www.nordigen.com and services available on this website and all related subdomains, including dash.nordigen.com (Nordigen Dashboard) and ob.nordigen.com (Nordigen Open Banking Portal) (all together hereinafter referred to as the Services).

These terms and conditions along with other terms that are accepted in order to access and use the Services 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 SIA “Nordigen Solutions” (registration no.40103982535), a limited liability company registered under laws of the Republic of Latvia (hereinafter referred to as Nordigen). In order to access Nordigen Dashboard and Nordigen Open Banking Portal it is required to register and create a User account. By registering to access and use the Services You:

  • Are entering into this Agreement on behalf of yourself or the legal entity (company) You represent.
  • 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.
If You do not agree to the terms and conditions of this Agreement, You cannot access and use the Services.
1.1. Nordigen Dashboard enables the User to access to a bank account statement analysis, transaction categorisation and behaviour factor generation system (Analytics System) according to this Agreement and the API documentation. Nordigen Dashboard allows the upload, storage and processing of financial data (hereinafter referred to as Information). Analytics System performs data entry recognition and data entry sorting pursuant to the pre-set entries into categories of payments, generates insights with respect to the Information and returns the reorganised data to the User.

1.2. Nordigen Open Banking Portal allows the User to access Nordigen’s Account Information Service interface which enables User to access and view information relating to its payment accounts (hereinafter referred to as Account Information) according to this Agreement and the API documentation (additional terms and conditions and privacy policy is applicable when accessing and using Account Information Service). Nordigen Open Banking Portal also allows to obtain token for integration of the Nordigen’s Account Information Service according to API documentation and Nordigen’ s instructions, after the User has been verified by Nordigen.

2.1. Nordigen confirms that where data processed and stored by Nordigen is Personal Data according to the European Union General Data Protection Regulation No 2016/679 (hereinafter referred to as the GDPR ), Nordigen will process such personal data in accordance with GDPR and the applicable personal data protection laws..

2.2. To provide Services Nordigen will collect and process certain personal data from Users and about Users. Nordigen will process such data according to practices described in Privacy Policy. By entering into Agreement, You accept and agree to the terms and conditions of the Privacy Policy and that Nordigen may process Your data for the purpose of providing the Services and other purposes stated in the Privacy Policy..

2.3. As the Services also allow User to upload Information and/or obtain Account Information and personal data therein, User further acknowledges and agrees that by uploading or entering any Information for the Services and by using the Services, User grants Nordigen permission to make anonymized data based on personal and non-personal data collected from User or through User's use of the Services, and combine such anonymized data with that of other Users in order to make anonymized aggregate data. Nordigen may use the anonymized data and anonymized aggregate data for various business purposes and legitimate interests of Nordigen, including but not limited to improving the Services, developing and improving other Nordigen products and services, and distributing or licensing such data to third parties with whom Nordigen has a business relationship..

2.4. Nordigen shall immediately notify the User upon becoming aware that Information has been disclosed to an unauthorised third party.

2.6. User is solely responsible for ensuring the legal basis for personal data processing and compliance with all GDPR requirements and applicable laws to use, process and transfer or make Information and personal data therein available to Nordigen for storing and processing Information for the purpose of providing the Services to User. User warrants that User has the right, power and authority to make any Information and personal data therein provided to us available for the intended purposes and that such use and storage by us of such Information will not breach the rights of any third party..

3.1. The Services are, or may in the future be, subject to payment of fees. Where this is the case, such fees will be presented to the User in the process of registering or using the Services. Fees and accompanying payment terms presented are deemed part of this Agreement. The relevant charges may be payable in advance, in arrears, per usage, or as otherwise described by Nordigen. By accessing and using the Services, User agrees to the applicable fees at Nordigen's prices indicated by Nordigen and authorizes Nordigen to charge the User in accordance with Nordigen’s payment terms by issuing an invoice or by integrated payment solutions. Any fees paid hereunder are non-refundable.

4.1. The Services are provided on an "as is" and “as available” basis, without warranties of any kind. Nordigen shall not accept any liability or responsibility for any use of or reliance on the Services, the content of the Services, outputs from the Services. Nordigen shall not be liable for any disruptions or delay in the provision of the Services. User is aware that Nordigen does not have any control over the data maintained by financial institutions and account servicing payment service providers and acknowledges that Nordigen makes no warranty in respect of the data quality of the Information, nor of it being accurate or complete.

4.2. User shall not commit actions that would endanger the safety of the Services. If User commits any acts or omissions that endanger the safety of the Services, Information and /or personal data that is part of Information, User shall be responsible and liable for such acts and omissions and any and all losses and damages thereby caused to Nordigen. If Nordigen has any indication of a security breach or any suspicious or unusual activity, it has the right to unilaterally shut down the Services until clarifying the circumstances. Nordigen shall inform User of any such events as well as of restoring the Services without undue delay and will immediately carry out all necessary actions in accordance with Privacy Policy to ensure the safety of personal data in possession of Nordigen.

4.3. Nordigen expressly disclaims any liability, in respect of any damage, expense or other loss arising from accessing and using the Services, including any decisions or outcomes of decisions that User makes or may make based on the result of using the Services or any information provided to User by Nordigen. 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. Notwithstanding anything to the contrary herein Nordigen's aggregate liability hereunder shall always be limited to a maximum amount of 50.00 EUR.

4.4. The User shall indemnify and hold Nordigen harmless from all claims and all direct, indirect or consequential liabilities (including loss of profits, loss of business, depletion of goodwill and similar losses), costs, proceedings, claims, damages and expenses (including legal and other professional fees and expenses) awarded against, or incurred or paid by, Nordigen, or any of its affiliates, as a result of or in connection with User’s failure to comply with the requirements of any of the terms of this Agreement and/or applicable laws.

4.5. Nordigen shall take reasonable effort to settle any interruptions in the Services. In case of any planned technical works that may cause interruption in the Services, Nordigen will alert the User via email before commencement of the planned technical works.

5.1. "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 in the world.

5.2. User acknowledges and agrees that Nordigen is the exclusive owner of and hereby retains all right, title and interest in and to all intellectual property objects related to The Services and any improvements or upgrades to The Services developed from or derived from Information.

5.3. Nordigen hereby grants to the User a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services, and the outputs obtained in result of using the Services during the term of this Agreement and according to terms of this Agreement.

5.4. User shall use the Services only for the purposes that are permitted by Nordigen and as described in this Agreement. User agrees that it shall not, either directly or indirectly (except as expressly permitted in this Agreement):

- reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Services (to the extent such restriction is permitted by applicable laws) - modify, adapt, translate, or create derivative works based on the Services

- reproduce any portion of the Services

- use the Services to store or transmit infringing or otherwise unlawful or tortious material, malicious code, worms, viruses, Trojan horses, or any other malware, disruptive or harmful software

- interfere with or disrupt the integrity or performance of the Services or third-party data contained therein

- attempt to gain unauthorised access, breach, override or otherwise circumvent any authentication or security mechanisms to the Services as well as other Nordigen’s intellectual property or its related systems or networks

- permit direct or indirect access to the Services and other intellectual property or content in a way that circumvents a usage limit or other restrictions built into the Services

- disseminate, market, license, sub-license, sell, resell, lease, transfer, assign, distribute, time share, let, rent, give somebody the loan of, or sub-authorize any element of the Services except as expressly permitted by Nordigen

5.5. User acknowledges that the Services may contain third-party intellectual property, which is not owned by Nordigen, and may be subject to additional restrictions imposed by the third-party intellectual property licensor. User agrees to abide by such additional restrictions.

6.1. This Agreement comes into force when You accept the terms and conditions herein and shall remain in force until the Agreement is terminated or the User's account is deleted.

6.2. User acknowledges that Nordigen has the right to terminate or suspend this Agreement and/or User's access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. User may terminate the Agreement or delete the User’s account by notifying Nordigen's customer support team by sending an email to info@nordigen.com.

6.3. All provisions of the Agreement, which by their nature should survive termination, shall so survive, including but not limited to, confidentiality, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7.1. User undertakes not to disclose the Information, any personal data or any other confidential information which it has obtained from the Nordigen in connection with the Services to any third person unless otherwise set forth in this Agreement and/or Privacy Policy. User agrees that all information exchanged in connection with the Services shall be processed in accordance with this Agreement and Privacy Policy. Confidential information includes any data and/or information that is proprietary to User and Nordigen and not generally known to the public, regardless of the medium in which it has been recorded or preserved, whether oral, written or otherwise, whenever and however, disclosed by a party to the other party or which has become known to party in any other manner pursuant to or in connection with this Agreement. Nordigen shall ensure that Information shall be disclosed only to those employees of Nordigen who are covered by a confidentiality obligation. Nordigen shall ensure that its employees, who carry out data processing, use Information only to the extent necessary for the performance of Terms and Privacy Policy.

7.2. Disclosure will not be considered as a breach of the Agreement only in the following cases:

7.2.1. Confidential information is disclosed by a party after this confidential information has become publicly known or available regardless of parties (i.e. not as a result of a relevant party);

7.2.2. Confidential information is disclosed in order to comply with applicable law or court order, in which case, if possible, with prior written confirmation of the other party;

7.2.3. Confidential information is disclosed by User to other entities in the same group with the User, if such entities are bound by the obligation to observe the confidentiality of the information;

7.2.4. Confidential information is disclosed to the sub-contractor and/or sub-processor of Nordigen engaged by Nordigen.

7.3. For marketing purposes, Nordigen is entitled to disclose to third parties that You use the Services.

7.4. Parties undertake to respect the confidentiality rules set forth in this Agreement, while this Agreement is in force, as well as in case of terminating this Agreement without any time limit after the termination.

8.1. User agrees that this Agreement shall be governed by and has been concluded in accordance with the laws of the Republic of Latvia.

8.2. If a dispute arises between Parties in connection with (execution of) this Agreement, Parties shall make every effort to resolve them through amical and good faith negotiations. Written answers to any claims from the User shall be provided within 30 (thirty) days as of receiving the claim. If it proves impossible to resolve the dispute through negotiations, Parties shall settle the dispute in the courts of the Republic of Latvia in accordance with the laws of the Republic of Latvia. Relations between Parties, which are not stated in this Agreement, shall be regulated in accordance with laws of the Republic of Latvia in force. If any part of this Agreement (partly or in whole) is held to be invalid or unenforceable, such determination shall not invalidate any other provision of Agreement unless the deletion of such provision(s) would result in such a material change so as to cause the actions and transactions contemplated herein to be manifestly unreasonable.

8.3. A failure by Nordigen at any time or times to require performance of any provisions of this Agreement shall in no manner affect Nordigen’s right to enforce the same, and the waiver by Nordigen of any breach of any provision of this Agreement shall not be construed to be a waiver by Nordigen of any other subsequent breach or waiver by Nordigen of any breach of any other provision hereof.

8.4. This Agreement and the rights and obligations specified herein shall not be assignable by User except with Nordigen's prior written consent.

8.5. Nordigen has the right to change the terms and conditions of this Agreement solely at any time. In case of amending the terms and conditions of this Agreement, User shall be asked to accept any changes made. If User does not accept the changed terms and conditions of this Agreement, Nordigen has the right to terminate this Agreement and close User’s account.

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