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TERMS OF SERVICE

Date Last Revised: April 10, 2019

Thank you for using P24, an innovative online banking application. These Terms of Service ( Agreement) are a legal and binding Agreement between P24 GmbH, respective affiliates, related companies, unaffiliated partners and/or licensors (together herein referred to as “P24”, “we”, “our”, “us”), and User (as defined in Section 1 ).

This Agreement sets out the terms and conditions under which User may access and use

(i) our website p24.eu and all related subdomains, including the P24 community and blog (collectively, the Website), and

(ii) our mobile applications for iOS and Android platforms (together, the App).

By accessing and using the Website, App and any content, features, tools or services as made available by P24 from time to time in connection with the Website or App (collectively, the Services) User agrees to be bound by the terms and conditions of this Agreement. P24 recommends that User thoroughly reviews this Agreement, as the same may be updated from time to time, before accessing or attempting to use the Services and during use of the Services. User must not access and use the Services if User doesn’t agree to all of the terms and provisions of this Agreement.

To make it easier for Users to navigate through this Agreement and find the relevant information quickly, we have divided it into the following sections for convenience:

1. APPLICATION

2. ACCEPTANCE OF AGREEMENT 3. RIGHT TO USE THE SERVICES 4. ACCOUNTS AND PAYMENT TERMS 5. USE OF THE SERVICES 6. USE OF PERSONAL DATA 7. AUTOMATIC FINANCIAL DATA IMPORT 8. USER GENERATED CONTENT 9. THIRD-PARTY SERVICES 10. ADDITIONAL TERMS 11. DISCLAIMER OF WARRANTIES 12. LIMITATION OF LIABILITY 13. INDEMNIFICATION 14. PROPRIETARY RIGHTS 15. FORCE MAJEURE 16. CHANGES TO THE AGREEMENT AND SERVICES 17. TERM AND TERMINATION 18. EXPORT RESTRICTIONS 19. LAWS AND JURISDICTION 20. DISPUTES 21. GENERAL 22. CONTACT US

1. APPLICATION

This Agreement applies to:
  1. visitors to our Website (Visitors);
  2. Users who sign up for a launch notification on the P24 Coming Soon website (Potential Users); and
  3. Users who subscribe to the Services, subject to the applicable payment, by creating a User account (P24 Account) on the Website or via the App (P24 Users); (ii) to (iii) collectively referred to asUsers).

2. ACCEPTANCE OF AGREEMENT

By deciding to access and use (either by computer, mobile or other electronic device now or hereafter devised) the Services, User:
  1. confirms that User is at least eighteen (18) years old, or of the legal age of majority in the jurisdiction in which User resides;
  2. has legal capacity to enter into this Agreement;
  3. acknowledges that User has carefully reviewed the terms and conditions of this Agreement; and
  4. agrees to be bound by the terms of this Agreement as well as:
    • the Privacy Policy which sets out P24’s data privacy and protection practices;
    • any terms provided separately to User or indicated on the Website or in the App as applying to User’s access to and use of the Services; and
    • additional third-party terms and conditions, rules or guidelines applicable to the Services or certain features or functionality of the Services indicated in this Agreement or in other documents on the Website or App, or made available through the App (Third-Party Terms) (e.g., the Financial Institution Terms and Conditions and Privacy Policy). All such Third-Party Terms are hereby incorporated by reference into, and made a part of, this Agreement.

3. RIGHT TO USE THE SERVICES

3.1 License Grant

Our Services are protected by copyright, trade secret, and other intellectual property laws. P24 hereby grants User a personal, limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the Services during the term of this Agreement in accordance with the terms and conditions of this Agreement. P24 reserves all rights, title and interest, including all intellectual property rights, in and to the Services and the underlying technology used to provide the Services, including without limitation all software and any copies, corrections, bug fixes, enhancements, modifications or new versions thereof and all research and development and experimental development in respect thereto (P24 Technology). Except for rights expressly granted to User in this Agreement, no other rights are granted by implication, estoppel or otherwise. User acknowledges that only P24 shall have the right to maintain, enhance or otherwise modify the Services and P24 Technology unless specific permissions are granted to User in a separate Agreement with P24.

3.2. License Restrictions

User shall use the Services solely for the purposes that are permitted by and as contemplated in this Agreement. Without limiting any other provision of this Agreement, User agrees that User shall not, either directly or indirectly:
  • disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, time share, let, rent, give somebody the loan of, or sub-authorize any element of the Services;
  • modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on P24 Technology, undertake any benchmark trials using all or any part of the P24 Technology, or in any other way try to procure the human decipherable form of the P24 Technology, except to the extent expressly agreed upon in writing by P24 with User or to the extent the foregoing restrictions are expressly prohibited by applicable laws notwithstanding a contractual provision to the contrary;
  • circumvent any User limits or other use restrictions that are built into the Services;
  • breach, override or otherwise circumvent any authentication or security mechanisms;
  • remove or obliterate any proprietary notices, ownership labels, classified legends or marks from the Services;
  • indulge in any actions with the Services that meddle with, disturb, destroy, or access in an unlawful way the server networks, connections, systems, records, or other assets, tools or services of P24 or any related Third-Party;
  • transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through User’s access to and use of the Services; or
  • use the Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by this Agreement.

4. ACCOUNTS AND PAYMENT TERMS

4.1. Accounts Terms

  1. Account Types. We offer three (3) types of accounts: Individual Accounts – the package, brings the bank to P24 Customer at a “couple of clicks distance”. Individual Account package includes full free Financial Institution Bank account opening for personal use in less than 10 minutes, full control of User’s bank account, real time bank account management, unlimited secure bank transactions, and significantly more than current traditional bank services. Business Accounts – the Business package, includes a full set of banking services and features designed to make the interaction between the Business and the Bank, timeless, effortless and less expensive. This package is designed for small and medium companies. Business Plus package is an extended version of the Business package with additional features and services such as multiple cards, loyalty bank accounts for business employees and much more. P24 Users acknowledge and agree that P24 reserves the right in sole discretion to change the terms and conditions of the available packages, and the set of basic features for the Services available therein, at any time.
  2. “Financial Institution” means a legal entity engaged in the business of dealing with financial transactions, including without limitation banks, building societies, credit institutions, payment system providers, loan companies, mortgage companies, investment companies, and other financial service provider located worldwide.
  3. Discounts on Subscriptions. We may decide, in sole discretion, to offer from time to time pricing discounts to P24 Users for promoting the Services. P24 reserves the right to modify the conditions for offering discounts, to cancel or cease offering discounts at any time in sole discretion.
  4. Cancellations. P24 can cancel the use of service at any time. If User cancels only the use of P24 account without canceling his Financial Institution Bank account, P24 will have no future obligations or responsibility in relation to User and his/hers Financial Institution Bank account. For any refund requests in respect to Financial Institution Services, the refund policy of the Financial Institution will apply.

4.2. Payment Terms

This Agreement also incorporates by reference and includes the ordering and payment terms provided to P24 Users on the Website and the ordering and payment terms provided by Financial Institution. The following payment terms apply to the Services offered on a paid subscription basis, unless we notify P24 Users otherwise in writing:

  1. Fees will be billed to P24 Users in Euro or the equivalent amount in P24 User’s local currency and P24 User’s payment account will be automatically debited at the time agreed upon by P24 with P24 Users when subscribing for the Services.
  2. P24 may suspend or terminate any P24 Account if we determine or are notified by the Financial Institution that P24 User’s Registration Information and/or payment information is not accurate, current, or complete and P24 Users does not promptly correct or update such information. We may also terminate any P24 Account promptly if we determine that P24 Users is using someone else’s information (referred to as“identity theft”).
  3. Unless Services are suspended or terminated under this Agreement, P24 will automatically renew P24 User’s paid subscription to the Services at the then-current rates. P24 Users can cancel his/her subscription at any time using P24 Account options.

5. USE OF THE SERVICES

5.1. General Requirements.

Some of the Services may be available to User through a compatible desktop or mobile device, may require Internet access and/or additional software to be installed. If User accesses the Services using the Website, no downloads are required, just a standard Internet browser and Internet connection. P24 Users may also access the Services by downloading the App to a compatible mobile device that may require specific software. User acknowledges and agrees that User is solely responsible for these technical requirements, including but not limited to (i) any applicable charges, updates and/or additional fees of User’s telecommunications provider, and (ii) using the Services in compliance with the terms of User’s Agreement with User’s telecommunications provider.

5.2. Disclaimers on App Usage.

User acknowledges and agrees that P24 makes no warranties or representations of any kind, express, statutory or implied, as to:

  1. whether telecommunications services from User’s provider will be available and accessible at any time or from any location;
  2. any loss, damage, or other security intrusion of the telecommunications services; and
  3. failure of the telecommunications services to transmit any data, communications or settings in connection with the Services.

5.3. Third-Party App Store Terms

If P24 Users downloads the App through an e-commerce store (“Third-Party Store”) operated by a Third-Party (“Third-Party Store Provider”) the following Third-Party Terms shall apply. To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 5.3, the more restrictive or conflicting terms and conditions in this Section 5.3 apply, but solely with respect to the App downloaded from the Third-Party Store. P24 Users acknowledges and agrees that:

    1. Acknowledgement: this Agreement is concluded solely between P24 GmbH and P24 Users and not with the Third-Party Store Provider, and P24 GmbH, not the Third-Party Store Provider, is solely responsible for the App and the content thereof. To the extent this Agreement provides for usage rules for the App which are less restrictive than the usage rules set forth for licensed applications in, or otherwise are in conflict with, the Third-Party Store terms of service, the more restrictive or conflicting Third-Party Store terms will take precedence and will apply.
    2. Scope of License: The license granted to P24 Users for the App is a limited, non-transferable license to use the App on a device that P24 User owns or controls and as permitted by the usage rules set forth in the terms of service applicable to the Third-Party Store.
    3. Maintenance and Support: P24 GmbH and not the Third-Party Store Provider is solely responsible for providing any maintenance and support services with respect to the App. P24 Users acknowledges that the Third-Party Store Provider has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
    4. Warranty: P24 GmbH is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, P24 Users may notify the Third-Party Store Provider, and the Third-Party Store Provider will refund the purchase price for the App to P24 Users. To the maximum extent permitted by applicable law, the Third-Party Store Provider will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of P24 GmbH.
    5. Product Claims: P24 GmbH, not the Third-Party Store Provider, is responsible for addressing P24 User’s or any Third-Party claims relating to the App or P24 User’s possession and/or use of the App, including but not limited to:
    6. (i) product liability claims;
    7. (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
    8. (iii) claims arising under consumer protection or similar legislation.
    9. Intellectual Property Rights: P24 Users acknowledges that, in the event of any Third-Party claim that the App or P24 User’s possession and use of the App infringes that Third-Party ’s intellectual property rights, P24 GmbH, not the Third-Party Store Provider, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
    10. Legal Compliance. P24 Users represents and warrants that
    11. (i) P24 Users is not located in a country that is subject to a U.S. or European Union embargo, or that has been designated by the U.S. or European Union as a “terrorist supporting” country; and
    12. (ii) P24 Users is not listed on any U.S. or European Union list of prohibited or restricted parties.
    13. Developer Contact Information: P24 Users should direct any questions, complaints or claims with respect to the App to hello@p24.eu orP24 GmbH Kapuzinerstr. 4 94032 Passau Germany
  1. Third-Party Beneficiary. P24 Users acknowledges and agrees that the Third-Party Store Provider and its subsidiaries are Third-Party beneficiaries of this Agreement, and that, upon P24 User’s acceptance of the terms and conditions of this Agreement, the Third-Party Store Provider will have the right (and will be deemed to have accepted the right) to enforce this Agreement against P24 Users as a Third-Party beneficiary thereof.

6. USE OF PERSONAL DATA

In order to provide the Services, P24 will collect and use certain personal data about Users. The Privacy Policy explains in detail how P24 processes and protects the personal data in our custody or control, and describes the technical and organizational measures implemented in order to maintain the security, confidentiality and integrity of such data. User hereby agrees to the terms of P24’s Privacy Policy, including any subsequent changes published by P24, and that P24 may process User’s personal data in accordance with the Privacy Policy for the purpose of providing the Services.

User further acknowledges and agrees that by uploading or entering any information for the Services and by using the Services, User grants P24 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. P24 may use the anonymized data and anonymized aggregate data for various business purposes, including but not limited to compiling statistical reports, improving the Services, developing and improving other P24 products and services, and distributing or licensing such data to third parties with whom P24 has a business relationship. In case of unpaid debts in relation with services provided by P24, P24 User’s acknowledge that P24 reserve all the rights to take all the actions needed to recover P24 lost profit including but not limited to passing personal data to any P24 partners that will take the responsibility to collect the lost profit from P24 debtors.

7. AUTOMATIC FINANCIAL DATA IMPORT

7.1. Access to Financial Account Data.

P24 Users acknowledges and agrees that:

  1. P24 does not review the imported Financial Account Data and is not responsible for the practices or procedures of Financial Institution P24 Users connects to via the Services; and
  2. there may be technical difficulties and/or service interruptions that may result in delays in the Services or inaccuracies in the imported Financial Account Data, and that P24 will not be responsible for any such delays and/or inaccuracies in the imported Financial Account Data, or the failed import of any Financial Account Data from the Financial Institution.

7.2. Data License

By using the P24 service and providing his/her Financial Account Credentials, P24 Users

(i) is hereby granting P24 a license to use such Financial Account Credentials and Financial Account Data (together,“Financial Data”) for the purpose of providing the Services, including processing, hosting and storing such data as further described in the Privacy Policy; and

(ii) acknowledges that P24 Users has read, understood and agrees to be bound by the General Terms & Conditions as well as all other conditions of Financial Institution.

P24 Users further agrees that in performing the required technical steps to provide the Services, P24 may make such changes to the Financial Data as are necessary to conform and adapt it to the technical requirements of connecting networks, devices or media. P24 Users confirms and warrants that P24 Users has all the rights, power and authority necessary to grant the above license to P24 and that disclosure of Financial Account Credentials to us and access to and use of the Financial Data in the manner contemplated in this Agreement will not breach the rights of any Third-Party, including but not limited to the terms of services and security policies and requirements of any of P24 User’s financial institutions. P24 Users Acknowledges And Agrees That When P24 Is Accessing P24 User’s Financial Institution Bank Account And Retrieving The Financial Account Data From Financial Institution Api, P24 Is Acting As P24 User’s Agent, And Not As The Agent Of Or On Behalf Of The Financial Institution That Operates Such Interface.

8. USER GENERATED CONTENT

8.1. Content Generally

If User submits any Content on the P24 community or blog, User hereby grants P24 a perpetual, fully transferable, sub-licensable, royalty-free, non-exclusive, worldwide license to publish on the Website, host and use such Content to provide and improve the Services, for troubleshooting and providing feedback to Users. User represents and warrants that User has the right to make any Content provided to us available for the intended purposes and that such use and storage by us of such Content will not infringe any Third-Party rights.

8.2. Conduct and Content Rules.

In using the P24 community, blog or any other features of the Services, User agrees not to use, nor permit any Third-Party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  1. uploading, posting, emailing, transmitting or otherwise making available any Content:
    1. that is unlawful, harmful, fraudulent, pornographic, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable or in violation of any other person’s rights, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
    2. that User does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure Agreements);
    3. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. which is unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of direct solicitation;
    5. that contains any virus, Trojan horse, worm or any other disruptive or harmful computer code, files, programs, software or data designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
    6. that could harm minors in any way;
  2. impersonating any person or entity or falsely stating or otherwise misrepresenting User’s affiliation with a person or entity;
  3. forging headers or otherwise manipulating identifiers in order to disguise the origin of any Content transmitted through the Services;
  4. intentionally or unintentionally violating any applicable local, provincial, federal or international law, including but not limited to:
    1. any law limiting or regulating the export of goods and technology outside of European Union; and
    2. any law which prohibits providing material support or resources to conceal or disguise the nature, location, source, or ownership of material support;
  5. “stalking” or otherwise harassing another User; or
  6. collecting or storing personal data about other Users in connection with the prohibited conduct and activities set forth in this Section 8.2.

8.3. P24 Community

The Website includes a public community ( “P24 Community” ) where Community Users can report issues, seek assistance in connection with the Services and/or interact with other Community Users. Community User is required to use the P24 Community responsibly, respect other Community Users and avoid revealing any personal data that Community User does not wish to make public. If a User follows hypertext links provided by other Community Users to content in other Third-Party websites, User is advised that P24 doesn’t share their privacy policy or have any control over such Third-Party websites and as a result we shall not be responsible for any harm that may result from User following of such links.

8.4. Feedback

P24 may freely use any suggestions, feedback or ideas User may provide to us while using the Services (collectively, “Feedback” ). By providing any Feedback to P24 User hereby grants us a perpetual, worldwide, fully transferable, sub-licensable, non-revocable, royalty-free right and license to use, disclose, copy, distribute, exploit and license the Feedback in any form and manner for any business purpose, including but not limited to modifying and improving the Services, P24’s other current and future services and products, service advertising and marketing materials. P24 reserves the right to incorporate the Feedback into the Services and, if so incorporated, the Feedback shall form part thereof and shall become P24’s intellectual property.

8.5. Enforcement

P24 reserves the right at any time to remove or refuse to distribute any Content and to monitor Content, but has no obligation to do so. P24 also reserves the right to access, read, store, and disclose any Content as we reasonably believe is necessary in order to:

(i) satisfy any applicable law, regulation, legal process or governmental request;

(ii) enforce this Agreement, including investigation of potential violations hereof;

(iii) detect, prevent, or otherwise address fraud, security or technical issues;

(iv) respond to customer support requests; or

(v) protect the rights, property or safety of our Users and the public.

8.6. Indemnification

User hereby agrees to indemnify P24, its officers, directors, shareholders, employees and agents for any and all claims, suits, damages, liabilities, losses and expenses (including reasonable legal fees) relating to any acts by User, including but not limited to any Content submitted by User, in connection with using the Services that result in claims against us by other Users or third parties. P24 reserves the right to terminate P24 accounts and take further action against any User found to be in violation of the Conduct and Content Rules in Section 8.2 .

9. THIRD-PARTY SERVICES

The Services may include links to, or otherwise direct User’s attention towards, websites, services, features, or products operated or offered by third parties and not by P24 (collectively,“Third-Party Services”). Such links and information are offered solely for informational purposes and convenience. The inclusion of any link does not imply an association, support, endorsement, consent, examination, or authentication by P24 of such Third-Party or Third-Party Services (including without limitation any content made available within such Third-Party Services). P24 shall not be liable for the information and content contained in any Third-Party Services or for User’s use of or incapacity to use such Third-Party Services, and P24 expressly disclaims any liability for them. Access to any Third-Party Services is at User’s own risk, and User must be aware of the fact that Third-Party Services are governed by terms of service and privacy policies different from those of P24. User acknowledges and agrees that the Third-Party, and not P24, is entirely liable for the delivery and performance of the respective Third-Party Services.

10. ADDITIONAL TERMS

10.1. No Professional Advice

Any information or data contained in or made available through the Services is provided for informational purposes only and can’t substitute for the services of trained professionals. P24 does not give professional advice and is not in the business of providing legal, financial, accounting, taxation or other professional services or advice. User should independently verify and research, or take independent financial advice from a trusted and competent professional in connection with, any information or data contained in or made available through the Services for the purpose of making any financial decisions or otherwise. P24 expressly disclaims any liability, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss User may suffer arising out of such information or data, or any use of or reliance upon such information or data.

10.2. Updates on P24 Products and Services

If User has opted in to receive notifications or updates on our other products and services, P24 may send the relevant communications to User from time to time. Additional terms and conditions may apply to such other services or products offered from time to time by P24. User may opt out of receiving such informational emails at any time by following the unsubscribe instructions included in each such email.

10.3. Service Notifications

From time to time we may send User important communications regarding the Services, issues with payments for the applicable subscription, User’s P24 Account, updates to this Agreement and/or the Privacy Policy, and any other notifications which may be required by law (collectively, “Mandatory Notifications”). Such Mandatory Notifications will be sent via email or to User’s P24 Account. User can manage his subscription and notifications preferences, but cannot opt out of receiving the Mandatory Notifications.

10.4. Security

Community Users and P24 Users must provide accurate registration information, including without limitation name and email address (“Registration Information”), for their account on the P24 Community or for their P24 Account, respectively. User acknowledges and agrees that it is their sole responsibility to secure the credentials used to access the applicable account within the Services. User is solely responsible for all activities and actions carried out under his/her P24 Account and/or P24 Community account. Any such activities and actions shall be deemed performed by the respective User. Users must immediately contact us at hello@p24.eu in case of suspected unauthorized access to their account.

11. DISCLAIMER OF WARRANTIES

Except as specifically set forth in this Agreement and any other applicable terms of service that govern use of the services, P24 offers the website, app and services on an “as is” and “as available” basis and does not accept responsibility or liability for any use of or reliance on the website, app, services or any information provided through the services, or for any disruptions to or delay in the provision of the services. P24 makes no warranties or representations, express, statutory or implied, as to the quality and accuracy of the website, app, services or any information provided through the services, and we disclaim any implied warranties and representations to the maximum extent permitted by applicable law. furthermore, we and our third-party providers, licensors, distributors and suppliers (collectively, “suppliers”) do not make any representations as to the accuracy, timeliness, comprehensiveness, completeness, quality, reliability, currency, error-free nature, compatibility, security, data loss, non-interference with or non-infringement of any intellectual property rights, or fitness for a particular purpose of the website, app, services or any information provided through the services to the maximum extent permitted by applicable law.

P24 and its suppliers do not guarantee the adequacy of the services or compatibility and security thereof to User’s computer equipment and do not warrant that the services, their infrastructure or any emails or communications transmitted via the services will be free of viruses or secure against hacking attacks.

If the applicable law does not allow the exclusion of some or all of the above warranties to apply to User, the above exclusions will apply to User to the fullest extent permitted by applicable law.

12. LIMITATION OF LIABILITY

User expressly understands and agrees that, to the maximum extent permitted by applicable law, P24 and its suppliers shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for, relating to or arising from

(a) loss of profits,

(b) failures of telecommunications, the internet, electronic communications,

(c) corruption of data,

(d) breach of security,

(e) loss or theft of data,

(f) viruses or spyware,

(g) loss of business revenue or investment,

(h) use of software or hardware that does not meet p24’s systems requirements,

(i) damage to goodwill, data or other intangible losses, or

(j) resulting from:

  (i) the use of or the inability to use the services;

  (ii) unauthorized access to or alteration of User’s personal data;

  (iii) conduct of any third-party on our website.

The above limitations apply even if P24 and its suppliers have been advised of the possibility of such damages. notwithstanding anything to the contrary herein, P24’s aggregate liability to User for all claims relating to this Agreement, however arising, shall at all times be limited to the amount User paid for the services during the twelve (12) months prior to such claim.

The disclaimer of representations, warranties and conditions and limitation of liability constitute an essential part of this Agreement. User acknowledges that but for the disclaimer of representations, warranties and conditions and limitation of liability, neither P24 nor any of its suppliers would grant the rights granted in this Agreement.

13. INDEMNIFICATION

User agrees to indemnify, defend and hold P24 and its officers, directors, employees, and suppliers harmless from all losses, damages, fines, penalties, costs and expenses (including without limitation reasonable attorney’s fees) incurred or suffered by P24 as a result of: (i) User’s use of the services;

(ii) breach of any of the terms of this Agreement by User; and/or

(iii) User’s infringement of any intellectual property rights or any other rights of third parties.

14. PROPRIETARY RIGHTS

All right, title and interest in and to the Services, the underlying P24 Technology, including all intellectual property rights therein, are and will remain with P24 and its licensors. P24, P24.eu, and all other trademarks, service marks, graphics and logos used in connection with the Services are trademarks or registered trademarks of P24. P24 does not grant User any right or license to use, copy or reproduce any P24’s trademarks.

15. FORCE MAJEURE

User hereby releases P24 from any liability arising from a delay in performance or non-performance by P24 under this Agreement caused by an event of force majeure. Force majeure includes any circumstances that could not be reasonably foreseen or are caused by events beyond P24’s reasonable control, including without limitation acts of God, normative acts issued by state or government institutions, strikes, war or any kind of military operations, blockade, epidemics, acts or threats of terrorism, etc.

16. CHANGES TO THE AGREEMENT AND SERVICES

16.1. Changes to the Agreement

P24 reserves the right to change this Agreement at any time and from time to time to reflect changes in the applicable laws, technical or security requirements, or the functionality of the Services. If P24 decides to change this Agreement in the future, P24 will post an appropriate notice at the top of this page and/or give reasonable advance notice to Users through the Services or by other means (e.g., via email notification). Any non-material change (such as clarifications) to this Agreement will become effective on the date the change is posted and any material changes will become effective thirty (30) days from their posting on the Website. The date of the last update of this Agreement is set out at the top of this document. User acknowledges and agrees that User’s continued use of the Services after the date of changes to this Agreement indicates User’s Agreement to such changes.

16.2. Updates to the Services

P24 may in its sole discretion and at any time update or modify the Services, discontinue, temporarily or permanently, providing the Services or any part thereof, including without limitation for technical reasons, security issues, legal requirements, or business reasons, with or without notice to User. P24 may also perform maintenance of the Services from time to time which may result in interruptions, delays or errors in the Services. User acknowledges and agrees that any maintenance, modification, suspension or termination of the Services may be affected without prior notice, although P24 will endeavor to provide such notice whenever feasible. User acknowledges and agrees that User’s continued use of the Services after the date of changes to the Services indicates User’s Agreement to such changes. If P24 discontinues providing the Services or any part thereof, any P24 Users using the Services on a paid subscription basis will receive an applicable pro-rated refund.

17. TERM AND TERMINATION

This Agreement becomes effective when User starts using the services and remains in force until terminated by either party. User acknowledges and agrees that P24 in its sole discretion and without notice may suspend or terminate this Agreement, User’s P24 Account and/or P24 community account, or User’s use of the Services, and remove and discard any content within the services for any reason, including if P24 reasonably believes that User has violated or acted inconsistently with the letter or spirit of this Agreement. Community Users may terminate this Agreement by deleting their account on the P24 Community. P24 Users may terminate this Agreement by deleting their P24 Account using the account options. If P24 terminates any paid P24 account, the respective P24 Users will receive the applicable pro-rated refund.

18. EXPORT RESTRICTIONS

The Services and P24 technology are subject to the European Union Export Regulations and may be subject to the relevant export control laws, orders, regulations and restrictions imposed by the United States of America, the United Nations and the European Union. User acknowledges that none of the Services or P24 Technology may be downloaded or otherwise exported or re-exported, directly or indirectly: (i) into any countries that are subject to U.S., UN or EU sanctions applicable to export or re-export of goods; or (ii) to person(s) on the European Union list of specially designated nationals and blocked persons list, or denied persons list, unverified list, entity list or non-proliferation sanction list.

19. LAWS AND JURISDICTION

User agrees that this Agreement shall be governed by, and construed in accordance with, the laws of European Union, and the federal laws applicable thereto, regardless of the conflict of law’s provisions thereof and excluding the 1980 United Nations Convention on Contracts for the International Sale of Goods.

20. DISPUTES

if a dispute arises between User and P24, our goal is to provide a neutral and cost-effective means of resolving the dispute quickly. User agrees that any dispute, controversy or claim arising out of or in connection with this Agreement shall be resolved by binding arbitration under German law, rather than court litigation. by entering into this Agreement and agreeing to arbitration, User agrees that User and P24 are each waiving the right to file a lawsuit and the right to a trial by jury. in addition, User agrees to waive the right to participate in a class action or litigate on a class-wide basis. User agrees that User has expressly and knowingly waived these rights.

To begin an arbitration proceeding, User must send a letter requesting arbitration and describing User’s claim to:

P24 GmbH Kapuzinerstr. 4 94032 Passau Germany

21. GENERAL

21.1. Entire Agreement

Except as expressly provided elsewhere on the Website, this Agreement, including the Privacy Policy and any other documents which are stated to apply to User as a User of the Services, including the General Terms & Conditions as well as all other conditions of Financial Institution, constitutes the entire Agreement between User and P24 with respect to the use of the Services and replaces all prior understandings, communications and Agreements, oral or written, regarding the subject matter hereof.

21.2. Severability

If any provision of this Agreement is held to be illegal, invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, the remainder of the terms and provisions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. Such illegal, invalid, void or unenforceable term or provision or part thereof shall be deemed modified to the extent required to render it enforceable; failing which, it shall be severed from this Agreement, which shall continue in full force and effect and be binding upon User.

21.3. Assignment

User cannot assign or transfer any or all of User’s rights or obligations under this Agreement to anyone without prior written approval of P24. However, P24 at its sole discretion may assign or transfer this Agreement without User’s consent to:

(i) an affiliate;

(ii) a company through a sale of assets by P24; or

(iii) a successor by merger;

(iiii) a debtor collector partner (in case of User’s unpaid debts).

Any assignment that is in contravention of this Agreement shall be considered void.

21.4. Non-Waiver

No failure or delay on the part of P24 in exercising any right, power or remedy pursuant to this Agreement shall operate as a waiver thereof, and no single or partial exercise of any such right, power or remedy shall preclude any other or further exercise thereof, or the exercise of any other right, power or remedy.

22. CONTACT US

In case of any questions regarding this Agreement or the Services, please contact us at hello@P24.e

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