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These Tink Technology Partner Terms and Conditions (“Terms”) apply when Tink AB (“Tink”), performs account information services, aggregating data from financial institutions, as instructed by an end-user, and provides retrieved data (“End User Data”) to a third party (“User”) designated by such end-user (“Services”).
Provision of the Services to User, requires User first having registered at Tink’s website. By completing the registration, you confirm that you are authorised to represent User and accept the Terms on behalf of User.
User is granted a non-exclusive, non-sublicensable license to use such tools and documentation made available by Tink following registration (“Tools”), for the sole purposes of achieving interoperability between the User’s customer facing services (“User Services”) and Tink’s APIs for enabling Tink’s provision of the Services.
Each end user of the User Services shall receive a clear and visible statement of the end user acknowledging and agreeing to the specific End User Data being retrieved by Tink performing the Services, in accordance with the Policy, prior to the Services being provided. User shall be obligated to include in such statement, and at all times maintain the functioning of, a clear and visible link to the Policy, which shall also be accessible in the User Services. Further, User shall clearly indicate that the User Services are “powered by Tink”, throughout its use of the Services, and Tink hereby grants User the right to use Tink’s trademark solely for this purpose. User agrees that, throughout User’s use of the Services, Tink may identify User as a customer of Tink at its website and in promotional materials.
The requirements and rights of clause 5 shall be fulfilled in a form and manner acceptable to Tink. Guidelines on acceptable information statements, references to the Policy and Tink’s trademark are provided as part of the Tools. User acknowledges that such guidelines may be updated from time to time, at Tink’s discretion, and undertakes to immediately upon Tink’s request make any changes to the User Services to ensure compliance with the provisions in these Terms.
User acknowledges and agrees it being solely responsible for the provision of the User Services, and undertakes to ensure that User and User Services’ operates at all times in compliance with applicable laws and regulations. User acknowledges it being the data controller for its processing of any and all personal data of the end users of the User Services, and it being solely liable to fulfil any and all regulatory obligations in respect thereof. These obligations include, but are not limited to, End User Data, upon such data being delivered to User by Tink.
The Tools provided by Tink are aimed at enabling a professional IT engineer to set-up the User Services and enable use of the Services, as prescribed herein. Where such qualified person encounters difficulties, User may contact Tink and Tink undertakes to use reasonable efforts to provide such technical support as from time to time is specified by Tink to help resolve issues relating to User’s use of the Tools and the Services. Technical support may be provided at various service levels that may be subject to payment, please refer to the following clause. For the avoidance of doubt, User is responsible for any and all customer service toward end users of the User Services and the provision of technical support will under no circumstances include Tink processing any personal data on behalf of User in respect of end users of the User Services. Contact details for Tink’s technical support services are provided at Tink’s website.
Certain functionality of the Services and/or Tink’s provision of technical support are, or may in the future be, subject to payment of fees. Where this is the case, such fees will be presented to User in the process of registering, using the Services or activating new functionality. Fees and accompanying payment terms presented are deemed part of these Terms. The relevant charges may be payable in advance, in arrears, per usage, or as otherwise described by Tink. By choosing to use the functionality and/or request the relevant technical support, User agrees to the applicable fees at Tink’s prices then in effect and authorize us to charge you in accordance with the applicable payment terms. Any fees paid hereunder are non-refundable.
Except for the rights granted to User in these Terms, all rights in and to the Services and Tools, including but not limited to patents, trademarks, service marks, copyright, domain names, database rights, trade secrets and all rights or forms of protection of a similar effect to any of them which may subsist anywhere in the world, are reserved and shall remain with Tink, and/or its licensors, as applicable.
Each party undertakes to maintain in absolute confidence any confidential information disclosed by the other party in connection with these Terms, use such confidential information solely for the purposes hereof and not disclose such confidential information to any third party. Each party shall restrict access to such confidential information and may only distribute it on a strict need to know basis to employees, corporate officers, consultants, service providers, subcontractors and similar who have entered into a confidentiality undertaking no less protective of the other party’s confidentiality than the confidentiality undertaking set out herein. “Confidential information” shall mean any and all information, regardless of form of disclosure, including without limitation information on a party’s business or operations, the Services, Tools, financial information, trade secrets, personal data and other information, except for information which: (i) is or becomes common knowledge otherwise than as a result of a breach of these Terms; (ii) the receiving party can show was in its possession prior to receipt from the disclosing party; (iii) a party has received without any lawful restraints as to the disclosure thereof; or (iv) a party is legally obligated to provide under mandatory law, order of a competent court or authority. The receiving party shall not under any circumstances use a lesser degree of care than it uses for its own confidential information.
User may not use the Services or Tools in any way that causes, or may cause, damage to the Tools, Services, or Tink; or the availability, accessibility of the Service; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
User shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the Services or Tools. User undertakes not to (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services or Tools (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services or Tools, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that User is granted hereunder.
User further undertakes not to: (i) take any action that imposes or may impose (as determined by Tink in its sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the website; (vi) harvest or scrape any content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.
Tink reserves the right to withhold the provision of the Services in their entirety or in part, should Tink believe that the Services are being used in violation of these Terms, or pose a risk to Tink.
Tink reserves the right to, at any time, terminate or suspend User’s access to all or any part of the Service, with or without cause, with or without notice, effective immediately. User may terminate the contractual relationship by following the instructions at Tink’s website. All provisions of these Terms, 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.
The Services are provided on an “as is” basis, without warranties of any kind. User is aware that Tink does not have any control over the data maintained by financial institutions and acknowledges that Tink makes no warranty in respect of the data quality of the End User Data, nor of it being accurate or complete.
Tink’s liability hereunder shall be limited to a total sum equal to the fees paid by User during the calendar year of the damaging event. Under no circumstances shall Tink 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. Any claims for damages under these Terms shall be submitted not later than three months after the User becomes aware of the basis for the claim, however never later than six months from the expiration or termination of User’s use of the Services.
User undertakes to defend, indemnify, and hold harmless Tink, its employees, contractors, directors, suppliers and representatives from all damages, losses, liabilities, claims, and costs and expenses, including all attorneys' fees, that arise from or relate to: (i) User’s use or misuse of, or access to, the Services or Tools, (ii) User’s violation of these Terms, (iii) any content, information or materials provided by User or User’s end users, (iv) disputes or issues User’s end users may have with respect to User or any of User’s products or services or content or with respect to any End User Data (including but not limited to the accuracy or completeness thereof), or (vi) infringement by User, or any third party using User’s account or identity in the Services or Tools, of any intellectual property or other right of any person or entity. Tink reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will assist and cooperate with us in asserting any available defenses.
Tink reserves the right, in its sole discretion, to modify or replace these Terms or the Policy, or change, suspend, or discontinue an aspect of the Services or Tools at any time by providing notice on our website; via e-mail or by another means of electronic communication. Tink may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. While we will aim at providing appropriate notice of modifications, it is User’s responsibility to check these Terms periodically for changes. Your continued use of the Services following notification of any changes to these Terms constitutes acceptance of those changes.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Tink shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Tink's reasonable control. If any provision of these Terms is found to be illegal or unenforceable, it shall to that extent be deemed no to form part of these Terms so that these Terms shall otherwise remain in full force and effect and enforceable. These Terms are not assignable, transferable or sublicensable by User except with Tink’s prior written consent. Tink may transfer, assign or delegate its rights and obligations without consent or notice. Both parties agree that these Terms constitute the entire agreement between the parties on the subject matter hereof and supersedes all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these Terms. User has no authority to bind Tink in any respect whatsoever.
These Terms shall be governed by and construed in accordance with the substantive laws of Sweden. Any dispute in respect of these Terms shall be finally settled by arbitration by the Stockholm Chamber of Commerce (“SCC”), in accordance with the SCC Rules for Expedited Arbitration, which shall take place in Stockholm in the Swedish language. All arbitral proceedings, information disclosed in the course of the proceedings and any award made or declared during such proceedings shall be kept strictly confidential.