Hub Developer Portal Terms of Service
Last Modified: 03 December 2019
Welcome to Enfuce’s Hub Developer Portal!
Thank you for using Enfuce’s APIs, their documentation and associated software (collectively, “APIs“). The APIs are made available to enable developers to experiment and test software programs (“API 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 to as “TPPs”) in accordance with Directive (EU) 2015/2366 (“PSD2”) and EU Commission Delegated Regulation No 2018/389 (“RTS”).
This Terms of Service also includes terms set forth in the following linked policies:
- Enfuce’s Privacy Notice
- Enfuce’s Cookie Notice
We refer to the terms below, the linked policies and any other terms included in the API documentation as the “Terms.”
By accessing or using our APIs, you agree to comply with the Terms and that the Terms control your relationship with us without any further action by you or us.
In these Terms, “Enfuce“, “we“, “our“, or “us” means Enfuce Financial Services Ltd (business ID 27520663-3), located at Metsänneidonkuja 12, 02130 Espoo, Finland. These Terms also govern your relationship with Enfuce’s affiliated legal entities around the world that may provide the APIs to you on behalf of Enfuce. References to “you” mean the person accessing or using our APIs.
Please read all the Terms carefully.
1.Your Access to the API
- Accepting the Terms
If you are using the APIs on behalf of yourself, you are only permitted to use the APIs if you (i) are aged 16 or older and (ii) are not barred from using or receiving the APIs under any laws of Finland or wherever you reside.
If you are using the APIs 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 APIs, you may be required to provide certain information (such as identification or contact details) as part of the registration process for the APIs, or as part of your continued use of the APIs. You must provide us with accurate and up to date of any registration information.
- Compliance with Law, Third Party Rights, and Other Enfuce 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 APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms or policies of Enfuce (or its affiliates).
- Permitted Access
You will only access (or attempt to access) an API by the means described in the documentation of that API. If Enfuce assigns you developer credentials (e.g. client IDs), you must use them with the applicable APIs. You will not misrepresent or mask your identity when using the APIs or developer accounts. We may require you to submit information to authenticate your identity or renew your registration.
- API Limitations
Enfuce sets and enforces limits on your use of the APIs (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 with each API.
- Communication with Enfuce
We may send you certain communications in connection with your use of the APIs. Please review the applicable API documentation for information about opting out of certain types of communication, if applicable.
If you provide feedback or suggestions about our APIs, then we (and those we allow) may use such information without any obligation to you.
The Terms are non-exclusive. You acknowledge that Enfuce may develop products or services that may compete with any other products or services.
2. Prohibitions and Confidentiality
- API Prohibitions
When using the APIs, 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 Enfuce 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 Enfuce (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 Enfuce terms of service.
- Confidential Matters
Developer credentials (such as passwords, keys, and client IDs) are intended to be used 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 Enfuce confidential information. Enfuce 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 Enfuce’s prior written consent. Enfuce 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 Enfuce 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 APIs
- 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 API 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, Enfuce is not liable for any damages connected to the availability or functionality of the API. Enfuce reserves the right to impose fees for the use of its APIs upon reasonable notice to you.
- API Client
You are solely and entirely responsible for your API Client (including but not limited to any actions taken and/or any claims made by others related to your API Client), including but not limited to your API Client’s development, operation, maintenance, compliance with all laws and regulations, and all materials that appear on or within your API Client.
Some of our APIs allow the submission of content. Enfuce does not acquire any ownership of any intellectual property rights in the content that you submit to our APIs, except as expressly provided in the Terms. For the sole purpose of enabling Enfuce to provide, secure, and improve the APIs (and the related service(s)) and only in accordance with the applicable Enfuce privacy policies, you give Enfuce 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 API Client. Before you submit content to our APIs through your API Client, you will ensure that you have the necessary rights (including the necessary rights from your end users) to grant us the 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.
- Prohibitions on API and its Content
Unless expressly permitted by separate agreement, the content owner or by applicable law, you will not, and will not permit your end users or others acting on your behalf to, do the following with the 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. API Ownership, Other Use and Liability
Unless otherwise indicated, Enfuce owns 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 API.
The API 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. Enfuce does not claim ownership to such rights and in no way claims that the APIs are endorsed by The Berlin Group.
- Branding, Attribution and Marketing
“Brand Features” is defined as the trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of Enfuce. Except where expressly stated, the Terms do not grant you any right, title, or interest in or to Enfuce’s Brand Features. All use by you of Enfuce’s Brand Features (including any goodwill associated therewith) will inure to the benefit of Enfuce.
Enfuce hereby grants to you a no-ntransferable, non-sublicenseable, non-exclusive license while the Terms are in effect to display Enfuce’s Brand Features for the purpose of promoting or advertising that you use the APIs, so long as such use includes an attribution to Enfuce’s Brand Features. Your use of Enfuce’s Brand Features must not contain unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable content or information. You understand and agree that Enfuce has the sole discretion to determine whether your attribution(s) and use of Enfuce’s Brand Features are in accordance with the above requirements and guidelines.
You will not make any statement regarding your use of an API which suggests partnership with, sponsorship by, or endorsement by Enfuce without Enfuce’s prior written approval.
In the course of promoting, marketing, or demonstrating the APIs you are using, Enfuce may produce and distribute incidental depictions, including screenshots, video, or other content from your API Client, and may use your company or product name. You grant us all necessary rights for the above purposes.
- Liability and Indemnification
Enfuce makes no warranty as to the API or the content accessed through the API, their reliability, availability or ability to meet your needs. Enfuce accepts no responsibility for ensuring, and makes no warranty, that the API is available uninterrupted or error-free. The API and content accessed through the API is provided “as is” and is not liable for any loss arising from the use or the availability of the API. 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).
When permitted by law, Enfuce 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 Enfuce for any claim under these Terms is limited to the amount you paid us to use the APIs 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, Enfuce will not be liable for any loss or damage that is not reasonably foreseeable.
You agree to hold harmless and indemnify Enfuce and its affiliates from and against any third party claim arising from or in any way related to your misuse of the APIs or your violation of these Terms, including any liability or expense of every kind and nature arising from such claim or other damage.
- Suspension and Termination
You may stop using our APIs at any time with or without notice. Further, if you want to terminate the Terms, you must provide Enfuce with prior written notice and upon termination, cease your use of the applicable APIs. Enfuce reserves the right to terminate the Terms with you or discontinue the APIs 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.
- 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 the Enfuce Brand Features, and delete any stored content. Enfuce may independently communicate with any account owner whose account(s) are associated with your API Client and developer credentials to provide notice of the termination of your right to use an API.
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
- Terms Modification
We may modify the Terms or any portion to, for example, reflect changes to the law or changes to our APIs. We’ll post notice of modifications within the Terms. If you do not agree to the modified Terms for an API, you should discontinue your use of that API. Your continued use of the API 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 Enfuce does not take action right away, this does not mean that Enfuce is giving up any rights that it 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 Enfuce relating to its subject and supersede any prior agreements on that subject. For information about how to contact Enfuce, please visit our contact page.
- Links to Other Parties
During registration or through our APIs, you may be able to connect to other APIs and/or websites that may operate independently from us and 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.
- 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. 10.2 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 Finnish Chamber of Commerce. The arbitration tribunal shall consist of one (1) arbitrator. The seat of arbitration shall be Helsinki, 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, Enfuce, 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.
|Version Date||Archived Link|
|03 December 2019||Current Terms|