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
(ii) our mobile applications for iOS and Android platforms (together, the
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: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
Potential Users); and
P24 Account) on the Website or via the App (
P24 Users); (ii) to (iii) collectively referred to as
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
4.1. Accounts Terms
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:
5.1. General Requirements.
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:
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:
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.
7.1. Access to Financial Account Data.
P24 Users acknowledges and agrees that:
7.2. Data License
By using the P24 service and providing his/her Financial Account Credentials, P24 Users
(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.
8.1. 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:
8.3. P24 Community
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.
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.
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 .
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.
10.1. 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
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 email@example.com in case of suspected unauthorized access to their account.
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.
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.
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.
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.
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.
16.1. 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.
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.
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.
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.
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
21.1. Entire Agreement
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.
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.
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.
In case of any questions regarding this Agreement or the Services, please contact us at hello@P24.e