Please read these Terms carefully.
The Services are made available to enable developers (you) to experiment and test software programs (OB Client) for authorized payment initiation service providers, account servicing ,payment service providers, payment instrument issuer service providers and account information service providers (such providers will be referred herein as TPPs) in accordance with Directive (EU) 2015/2366 (PSD2) and EU Commission Delegated Regulation No 2018/389 (RTS). The Services are intended for use in the Finnish markets by OB Client’s. Therefore Finland legislation shall also apply, regardless of the country from which the said services are being used. These Terms include the following linked terms:
These Terms include the following linked terms:
- Privacy Notice
- Cookie Notice
BY USING THIS WEBSITE YOU HAVE AGREED TO THESE TERMS.
1: Your Access to the Services
a. Accepting the Terms
If you are using the Services on behalf of yourself, you are only permitted to use the Services if you (i) are aged  or older and (ii) are not barred from using or receiving the Services under any laws of Finland or wherever you reside.
If you are using the Services on behalf of an entity, you represent and warrant that you have authority to bind that entity to the Terms and by accepting the Terms, you are doing so on behalf of that entity (and all references to "you" in the Terms refer to that entity).
In order to access certain Services, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the Services, or as part of your continued use of the Services. You must provide us with accurate and up to date information.
Please refer to the Privacy Notice regarding the management of your registration information.
c. Compliance with Law, Third Party Rights, and Other Enfuce's Customer Finance policies
You will comply with all applicable law, regulation, and third party rights (including without limitation, The Berlin Group licenses, laws regarding the import or export of data or software, privacy, and local laws). You will not use the Services to encourage or promote illegal activity or violation of third party rights. You will not violate any other of our terms or policies.
d. Permitted Access
You will only access (or attempt to access) the Services by the means described in the documentation of the Services. If we assign you developer credentials (e.g. client IDs), you must use them with the applicable Services. You will not misrepresent or mask your identity when using the Services or developer accounts. We may require you to submit information to authenticate your identity or renew your registration.
e. API Limitations
We set and enforce limits on your use of the Services (e.g. limiting the number of API requests that you may make or the number of users you may serve, in our sole discretion. You agree to, and will not attempt to circumvent, such limitations documented in such Service.
If you provide feedback or suggestions about our Services, then we (and those we allow) may use such information without any obligation to you.
The Terms are non-exclusive. You acknowledge that we may develop products or services that may compete with any other products or services.
2: Prohibitions and Confidentiality
a. Services Prohibitions
When using the Services, you may not (or allow those acting on your behalf to):
Sublicense an API for use by a third party. You will not create an application program interface that functions substantially the same as the APIs and offer it for use by third parties.
Perform an action with the intent of introducing to our products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature.
Interfere with or disrupt the APIs or the servers or networks providing the APIs.
Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law.
Imply that you are associated with us (except as permitted under “Branding” below).
Provide a service where the use or failure of the API could lead to death, personal injury or environmental damage.
Remove, obscure, or alter any of our terms of service.
b. Confidential Matters
Developer credentials (such as passwords, keys, and client IDs) are intended to be used only by you. You will keep your credentials confidential and make reasonable efforts to prevent and discourage others from using your credentials.
Our communications to you and our APIs may contain confidential information. Confidential information includes any materials, communications, and information that are marked confidential or that would normally be considered confidential under the circumstances. If you receive any such information, then you will not disclose it to any third party without our prior written consent. Our confidential information does not include information that you independently developed, that was rightfully given to you by a third party without confidentiality obligation, or that becomes public through no fault of your own. You may disclose our confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice.
3: Your Use of our Services
a. Use of APIs
The APIs are available for TPPs for testing purposes in accordance with RTS under PSD2 only and does not constitute a right to access real customer data. You will only access the APIs for such purpose and only by the means described in the relevant documentation. At this time, we do not [charge a fee] for using the APIs, unless otherwise agreed between you and us. As such, we try to ensure that the API is available for testing purposes at all times; however, we are not liable for any damages connected to the availability or functionality of the API. We reserve the right to impose fees for the use of its APIs upon reasonable notice to you.
b. OB Client
You are solely and entirely responsible for your OB Client (including but not limited to any actions taken and/or any claims made by others related to your OB Client), including but not limited to your OB Client’s development, operation, maintenance, compliance with all laws and regulations, and all materials that appear on or within your OB Client.
Some of our Services allow the submission of content. We do not acquire any ownership of any intellectual property rights in the content that you submit, except as expressly provided in the Terms. For the sole purpose of enabling us to provide, secure, and improve our Services (and related services), you give us a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and non-exclusive license to use, host, store, modify, communicate, and publish content submitted, posted, or displayed to or from the APIs through your OB Client. Before you submit content to our APIs through your OB Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us this license. When a user's non-public content is obtained through the APIs, you may not expose that content to other users or to third parties without explicit opt-in consent from that user.
d. Prohibitions on Services and its Content
You will not do the following with the Services, API and/or its content returned from the APIs:
- Scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header.
- Copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third party.
- Misrepresent the source or ownership.
- Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.
4: Services Ownership, Other Use and Liability
Unless otherwise indicated, we own all rights, interests and intellectual property rights, functions and related information, including the right to copy, modify, develop, sublicense, sell and disclose such rights to the Services.
The Services documentation is based on The Berlin Group’s NextGenPSD2 Access to Account Framework documents, with certain changes. As a result, the API’s are subject to The Berlin Group’s license conditions that are stated here: https://www.berlin-group.org/nextgenpsd2-downloads. We do not claim ownership to such rights and in no way claim that the APIs are endorsed by The Berlin Group.
We have a right to restrict the use of the Services to prevent malicious or unauthorized use or to ensure the functionality of the Services or for a similar justified reason. We have a right to transfer these Terms to a third party without prior notification to you. You may not transfer your rights or obligations under these Terms.
b. Branding, Attribution and Marketing
"Brand Features" is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of us. Except where expressly stated, the Terms do not grant you any right, title, or interest in or to our Brand Features. All use by you of our Brand Features (including any goodwill associated therewith) will inure to the benefit of us.
We hereby grant to you a non-transferable, non-sublicenseable, non-exclusive license while the Terms are in effect to display our Brand Features for the purpose of promoting or advertising that you use the APIs, so long as such use includes an attribution to our Brand Features. Your use of our Brand Features must not contain unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable content or information. You understand and agree that we have the sole discretion to determine whether your attribution(s) and use of our Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of an Services which suggests partnership with, sponsorship by, or endorsement by us without our prior written approval.
In the course of promoting, marketing, or demonstrating the Services you are using, we may produce and distribute incidental depictions, including screenshots, video, or other content from your OB Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
c. Liability and Indemnification
We make no warranty as to the Services or the content accessed through the Services, their reliability, availability or ability to meet your needs. We accept no responsibility for ensuring, and makes no warranty, that the Services are available uninterrupted or error-free. The Services and content accessed through the Services are provided “as is” and we are not liable for any loss arising from the use or the availability of the Services. Some jurisdictions provide for certain implied warranties, such as merchantability, fitness for a particular purpose and non-infringement, which are all excluded in these Terms to the extent permitted by applicable law. When permitted by applicable law, we will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. To the extent permitted by law, the total liability of us for any claim under these Terms is limited to the amount you paid us to use the Services during the six months prior to the event giving rise to the liability. Nothing in these Terms limits your responsibility for infringement of intellectual property rights. In all cases, we will not be liable for any loss or damage that is not reasonably foreseeable. You agree to hold harmless and indemnify us from and against any third party claim arising from or in any way related to your misuse of the Services or your violation of these Terms, including any liability or expense of every kind and nature arising from such claim or other damage.
a. Suspension and Termination
You may stop using our Services at any time with or without notice. If you want to terminate the Terms, you must provide us with prior written notice. We reserve the right to terminate the Terms with you or discontinue the Serivces or any portion or feature or your access thereto for any or no reason, with or without notice, and at any time without liability or other obligation to you.
b. Your Obligations Post-Termination
Upon any termination of the Terms or discontinuation of your access to an API, you will immediately stop using the API, cease all use of our Brand Features, and delete any stored content. We may independently communicate with any account owner whose account(s) are associated with your OB Client and developer credentials to provide notice of the termination of your right to use our Services.
When the Terms come to an end, those terms that by their nature are intended to continue indefinitely will continue to apply.
6: General Provisions
a. Terms Modification
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. Modifications of Terms are reflected through review of the below archived links of prior Terms. If you do not agree to modified Terms, you must discontinue your use of that API.
Your continued use of the Services constitutes your acceptance of the modified Terms
The Terms do not create any third party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Terms will limit either party's ability to seek injunctive relief. If you do not comply with the Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms. The Terms are the entire agreement between you and us relating to its subject and supersede any prior agreements on that subject. For information about how to contact us, please visit our contact page.
c. Links to Other Parties
During registration or through our Services, you may be able to connect to other APIs and/or websites that may operate independently from us that may have their own terms and policies, which we strongly suggest you review. If any redirected or linked API and/or website is not owned or controlled by us, we are not responsible for its content, any use of the website or the privacy practices of the operator of the website.
d. Applicable Law and Jurisdiction
The Terms shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions and the application of the UN Convention on Contracts for the International Sale of Goods. Any dispute, controversy or claim arising out of or relating to the Agreement, or the breach, termination or validity thereof, may be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The arbitration tribunal shall consist of one (1) arbitrator. The seat of arbitration shall be Finland. The language of the arbitration shall be English but evidence may be submitted and witnesses heard also in Finnish or Swedish.
Notwithstanding the above, we, before or during any proceedings, may apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests pending completion of the legal proceedings.
YOU IRREVOCABLE AND UNCONDITIONALLY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF FINLAND.