Last update:: 16.11.2020
Thank you for using P24, an innovative online banking application. These terms and conditions (“Contract“) are lawful and represent a binding agreement between P24 GmbH, affiliated companies, independent partners and/or licensors (hereinafter referred to as “P24”, “we“, “us” and “our“), and the User (as defined in section 1). This agreement sets out the General Terms and Conditions under which Users have access to and can use (i) our Website p24.eu and all associated sub-domains, including the P24 community and blog (summarised as “Website“) and (ii) the mobile applications for iOS and Android platforms (summarised as “App“). By accessing and using the Website, the App and all content, features, tools and Services provided by P24 in connection with the Website or the App (summarized as “Services“), the User agrees to be bound by these terms and conditions of this Contract. P24 recommends that the User checks this Contract thoroughly before using or attempting to use our Services, as the contract is revised from time to time. The User may not access or use our Services if he/she does not agree with all terms and conditions of this Contract. To make it easier for Users to navigate this Contract and to quickly access relevant information, we have divided it into the following sections for your convenience:
This contract is addressed to: Visitors to our Website (“Visitors“), Users who have registered for a notification on our P24 “Coming Soon” site (“Potential Users“) and Users who make use of these Services, which are the subject of the specified payment, by setting up a User account (“P24 Account“) on our Website or via the App (“P24 Users“); ((i) to (iii) are summarised as “Users“)
3.1. Licensing: Our Services are protected by copyright, trade secret and other intellectual property laws. P24 hereby guarantees Users a personal, limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use the Services during the term of this Contract in accordance with the general terms and conditions of this Contract. P24 reserves all rights, names and shares, including all intellectual property rights, within and to the Services as well as the underlying technology used to supply the Services, including without limitation all software and all copies, corrections, error corrections, extensions, modifications or new versions thereof and all research, developments and experimental inventions in this regard (“P24 Technology”). Except for the rights expressly granted in this Contract, no other rights are granted to Users by way of forfeiture, prevention or further rights. The User acknowledges that only P24 has the right to maintain, improve or otherwise modify the Services and P24 technologies. Unless the User is granted specific rights in a separate contract with P24.
3.2. License Restrictions. Users should use the Services solely for purposes that are required by the Agreement. Without limiting any other provision, the User agrees not neither directly nor indirectly: distribute, market, license, sublicense, sell, resell, rent, lease, transfer, assign, hire, rent, authorize, grant a timeshare or grant credit to anyone; to modify, translate, reverse engineer, decipher, decompile, decode, disassemble or carry out work based on P24 technology, to attempt to set benchmarks or in any other way to search for generally readable forms of P24 technology by using all or parts of P24 technology, except to the extent expressly agreed in writing by P24 with the User or the above restrictions are expressly forbidden by the law applied in the country despite the contractual provisions; to circumvent any limits or other restrictions that are integrated in the Services; break, bypass or otherwise circumvent any authentication or protection mechanisms; delete or destroy legally protected notices, ownership labels, classified labels or brands of the Services; tolerate / authorise any activities with the Services that influence, disturb, destroy or in any way illegally gain access to the server networks, connections, systems, recordings, or tools or Services of P24 or any third parties connected to these; transmit any computer worms, viruses, trojans or other damaging software, disruptive or damaging software or data by the User’s access and use of the Services; use the Services or parts thereof for illegal, fraudulent or other purposes prohibited by this Contract.
4.1. Account terms
4.2. Payment terms. This contract also includes the order and payment conditions that are made available to P24 Users on the Website and the order and payment conditions of the financial institution. The following terms of payment refer to Services offered on the basis of a paid subscription, unless we inform P24 Users otherwise in writing:
Fees are invoiced to the P24 User in euros or the corresponding amount in the local currency of the P24 User. The account of the P24 User is automatically debited at the time agreed between P24 and the P24 User when signing up for these Services.P24 can block or cancel any P24 account if we are informed by the financial institution that the registration data of the P24 User and/or payment information is not accurate, current or complete and the P24 User does not immediately correct or update such information. We can also close a P24 account immediately if we discover that a P24 User is using the data of someone else (referred to as “identity theft“). If Services from this Contract are not blocked or cancelled, P24 will automatically renew the paid subscription of Services at the then current rates. P24 Users can cancel their contract at any time in accordance with the valid cancellation periods by using the P24 account options.
5.1. General terms. Some of the Services may be made available to the User through a compatible desktop or mobile device, may require Internet access and/or additional software to be installed. If the User accesses Services through the Website, no downloads are required, only a standard Internet browser and internet connection. P24 Users can also access the Services by downloading the App to a compatible mobile device, which may require specific software. The User acknowledges and agrees that the User alone is responsible for these technical requirements, including but not limited to (i) any valid charges, updates and/or additional fees of the User’s telephone provider and (ii) the use of the Services in accordance with the terms of the User’s contract with his telecommunications provider.
5.2. Exclusion for use of the App. The User confirms and agrees that P24 does not make, express or legally stipulate any tacit guarantees or warranty obligations of any kind concerning: whether the Services of the User’s telecommunications provider are available and accessible at any time or from any place; any loss, damage or other interference with the security of the telecommunications provider; and the failure of the telecommunications provider to transmit any data, communications or recordings in connection with the Services.
5.3. App Store third-party terms. If the P24 User downloads the App via an e-commerce store (“third party store“), which is managed by a third party (“third party store provider“), the terms of the third party apply. To the extent that the other terms and conditions of this Contract are less restrictive or conflict with this Section 5.3, the terms and conditions of this Section 5.3 shall apply, but only with respect to the App downloaded from the third-party store. P24 Users confirm and agree to the following:
Confirmation: this Contract is concluded solely between P24 GmbH and the P24 User and not with the third party store provider, and P24 GmbH – not the third party store provider – is solely responsible for the App and its content. In the event that this Contract contains rules for the use of the App that are less restrictive or conflict with the terms and conditions that apply to licensed applications, the general terms and conditions of the third party store provider application will prevail.
Maintenance and support. Only P24 GmbH and not the third party store provider is responsible for the offer of maintenance and support Services concerning the App. The P24 User confirms that the third party store provider has no obligation to offer any maintenance and support Services of any kind in connection with the App.
7.1. Access to financial account data. P24 Users confirm and agree that:
P24 does not check the imported data of the financial account and is not responsible for the practices or procedures of the financial institution with which P24 Users connect via the Services; and
there may be technical difficulties and/or business interruptions which may lead to delays in providing the Services or inaccuracies in the imported data of the financial account and that P24 is not responsible for such delays and/or inaccuracies in the imported data of the financial account or for failed import of data of the financial account from the financial institution.
7.2. Data license. By using the Services of P24 and providing financial account login information, P24 Users (i) hereby grant P24 the right to use such financial account login information and financial account data (together “financial data”) for the purpose of providing Services, including the processing, hosting and storage of such data, as described in the data protection regulations; and (ii) confirm that P24 Users have read, understood and accepted the General Terms and Conditions and all other regulations of the financial institution. P24- Users also agree that P24 can make the necessary changes to the financial data when carrying out the necessary technical steps to provide the Services in order to adapt them to the technical requirements of connecting networks, devices or media. P24 Users confirm and guarantee that P24 Users have all rights, powers and authorisations required to grant the above licence to P24 and that the disclosure of financial account access data and financial data in the manner provided in this Contract does not violate the rights of third parties, including but not limited to the regulations for Services and security guidelines and requirements of financial institutions of P24 Users. P24 users confirm and agree that when P24 accesses the bank account of the financial institution and retrieves the financial account data from the api of the financial institution, P24 acts as a representative of the P24 user and not as a representative or on behalf of the financial institution that operates such an interface.
8.1. General. If a User submits content to the P24 community or blog, the User hereby grants P24 an unlimited, fully transferable, sub-licensable, royalty-free, non-exclusive, worldwide licence to publish on the Website, to host and use this content to provide and improve Services, to correct errors and to provide feedback to Users. The User represents and warrants that the User has the right to provide the Content made available to us for the purposes intended and that such use and storage of such Content by us will not infringe any rights of any third party.
8.2. Rules of conduct and content. By using the P24 community, blog or other features of the Services, the User agrees not to use the Services to upload, post, distribute, link, publish, reproduce, mediate or transfer the following, nor to allow third parties to use them, including – but not limited to: uploading, posting, sending by email, transferring or otherwise making content available: a) that is unlawful, harmful, fraudulent, pornographic, threatening, abusive, harassing, tortuous, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates another person’s rights including, without limitation, conduct that encourages insulting others or gives rise to criminal or civil liability under local, state, federal or foreign law those where the User has no right, by law or under contractual or fiduciary relationships, to provide inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements. that violates any patent, trademark, trade secret, copyright or other proprietary rights of any party; that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of direct solicitation of customers that contains viruses, trojan horses, computer worms or other disruptive or harmful computer code, files, programs, software or data that are intended to interrupt, destroy or limit the functionality of computer software or hardware or telecommunications equipment; or that could in any way harm minors; b) impersonate any person or entity or falsely state or otherwise misrepresent the User’s affiliation with any person or entity; c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; d) intentionally or unintentionally violate any applicable local, provincial, state or international law, including, but not limited to any law that restricts or regulates the export of goods and technology outside the European Union; and any law that prohibits the provision of material assistance or resources to disguise or conceal the nature, location, source or ownership of the material assistance; e) “stalking” or otherwise harassing another User: f) collecting or storing personal information about other Users in connection with the activities described in this Section 8. 2. Prohibited conduct and activities.
8.4. Feedback. P24 is free to use suggestions, feedback or ideas that the User provides during the use of the Services (collectively “Feedback“). By providing any Feedback to P24, the User hereby grants an unlimited, worldwide, fully transferable, sublicensable, irrevocable, royalty-free right and license to use, disclose, reproduce, distribute, use and license the Feedback in any form and manner for business purposes, including – but not limited to – changing and improving the Services, other current and future Services and products of P24, advertising and marketing materials. P24 reserves the right to integrate the Feedback into the Services and, if integrated, the Feedback becomes an integral part of the Services and therefore the intellectual property of P24.
8.5. Enforcement. P24 reserves the right to remove content or refuse distribution and monitor the content at any time in the event of a breach of the aforementioned provisions, but is not obliged to do so. P24 also reserves the right to access, read, store and disclose content if we deem it necessary in all reasonableness to: (i) comply with applicable laws, regulations, legal proceedings or government requirements; (ii) enforce this Contract, including investigation of potential violations thereof; (iii) detect, prevent or otherwise address fraud, security or technical issues; (iv) respond to customer inquiries; or (v) protect the rights, property or safety of our Users and the public.
8.6. Indemnification. The User hereby agrees to indemnify P24, its officers, directors, shareholders, employees and representatives for all claims, actions, damages, liabilities, losses and costs (including reasonable legal costs) relating to the actions of the User, including – but not limited to – any content submitted by the User in connection with the use of the Services that lead to claims against us by other Users or third parties. P24 reserves the right to terminate P24 accounts and to take further action against Users who have violated the rules of conduct and content in section 8.2.
The Services can contain or otherwise draw attention to links to Websites, Services, features or products that are operated by third parties and not by P24 (summarised as “third party Services“) and thereby expand the portfolio of Services for P24 Users. The inclusion of third party Services does not imply any legal connection, obligatory verification or authentication of these third party providers or third party Services by P24 (including any content provided within these third party Services). P24 is not liable for the information and content as well as Services contained in third party Services or for the use or inability of the User to use such Services and P24 expressly rejects any liability for this. Access to third party Services is at the User’s own risk and the User must be aware that different terms and conditions and data protection guidelines apply to the Services of third parties than to those of P24. The User confirms and agrees that the third party provider, and not P24, is fully liable for the provision and performance of the respective third party Services and is P24 Users contact partner for all questions and for the assertion of rights in relation to the respective service.
10.1. No professional advice. Any information or data contained in or provided by the Services is provided for informational purposes only and cannot replace the Services of trained professionals. P24 does not offer professional advice and is not involved in the provision of legal, financial, accounting, tax or other professional Services or advice. With regard to all information or data contained in or provided by the Services, the User should independently check and research the financial advice of a trustworthy and competent specialist in order to make financial decisions. P24 expressly disclaims any liability, whether in contract, tort (including negligence) or otherwise, in respect of damage, costs or other losses which the User may incur as a result of such information or data or through the use of or reliance on this information or data.
10.2. Updates of P24 Products and Services. If the User has registered for notifications or updates on our other products and Services, P24 can send the corresponding notifications to the User from time to time. Additional conditions may apply to these other Services or products offered by P24 from time to time. The User can refuse to receive such information emails at any time by following the instructions for unsubscribing contained in each of these emails.
10.3. Service notifications. From time to time, we may send the User important notifications relating to the Services, problems with payments for the relevant subscription, the User’s P24 account, updates to this Contract and/or the data protection policy and other notifications that may be required by law (summarised as “Obligatory notifications“). These Obligatory notifications are sent by email or to the P24 account of the User. The User can manage his subscription and notification settings, but cannot refuse to receive the Obligatory notifications.
10.4. Security. Community Users and P24 Users must provide precise registration information, including name and email address (“’Registration information“) for their account in the P24 Community or for their P24 account. The User confirms and agrees that it is his/her sole responsibility to secure the registration information used to access the relevant account within the Services. The User is solely responsible for all activities and actions that are carried out under his P24 account and/or P24 community account. All such activities and actions are considered to be carried out by the respective User. If unauthorized access to their account is suspected, Users must contact us immediately at email@example.com.
The liability of P24 is in accordance with the statutory provisions. However, this is excluded – irrespective of the legal grounds – insofar as there is a non-essential breach of duty which was neither intentional nor grossly negligent. This does not apply to damage to life, body or health. The liability is limited to the typical damage foreseeable at the time of conclusion of the contract. With the exception of the provisions expressly set out in this contract and all other applicable service conditions which govern the use of the services, P24 provides the website, the app and the services on an “as is” and “as available” basis. P24 makes no representations or warranties, expressly, statutory or implied, as to the quality and accuracy of the website, app, services or information provided by the services. in addition, neither we nor our third party providers, licensors, distributors and suppliers (collectively, “suppliers“) make any warranty as to the accuracy, timeliness, comprehensiveness, completeness, quality, reliability, currency, compatibility, accuracy, security, data loss, non-interference or non-infringement of intellectual property rights or suitability for a particular purpose of the web site, app, services or information provided through the services, to the extent permitted by applicable law. The adequacy of the services or their compatibility and security with the user’s computer equipment is not guaranteed by P24 and its suppliers. Nor is it guaranteed that your infrastructure or emails or messages transmitted via the services are free of viruses or protected against hacker attacks. If applicable law does not allow the exclusion of some or all of the above warranties for the user, the above exclusions shall apply to the user to the extent permitted by applicable law. The claims asserted by the user against P24 are subject to the statute of limitations according to the statutory provisions.
The user understands and expressly agrees that P24 and its suppliers are not liable for direct, indirect, accidental, special and consequential damages, including, but not limited to, damages related to or arising from (a) loss of profits, (b) failure of telecommunications links, the internet, or electronic communications equipment, (c) data corruption, (d) breach of security, (e) loss or theft of data, (f) viruses or spyware, (g) loss of commercial revenue or investment, (h) use of software or hardware that does not comply with P24’s system requirements, (i) loss of image, data or other intangible losses, or (j) resulting from (i) the use or inability to use our services (ii) unauthorized access to or alteration of the user’s personal data; (iii) the conduct of any third party on our website, unless such damages are not the result of a minor breach of duty by P24. The above limitations apply even if P24 and its suppliers have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein or any statutory provisions to the contrary, the total liability of P24 to the user for all claims in connection with this contract, however they may arise, shall at all times be limited to the amount paid by the user for the services during the twelve (12) months prior to such claim. the disclaimer of representations, warranties and conditions and the limitation of liability constitute an integral part of this agreement. User acknowledges that neither P24 nor any of its suppliers would grant the rights granted in this contract to exclude representations, warranties and conditions and limit liability.
The user agrees to indemnify P24 and its directors, employees and suppliers from all damages, fines, penalties/sanctions, costs and expenses (including without limitation reasonable attorneys’ fees) incurred by P24 as a result of (i) the use of the services by the user; (ii) the violation of the terms of this agreement; and/or (iii) the violation of any intellectual property rights or any rights of third parties by the user.
All rights, titles and interests related to the Services, as well as the underlying P24 technology and intellectual property rights are the responsibility of P24 and its licensors. P24, P24.com and all other trademarks, service marks, graphics and logos used in connection with our Services are trademarks or registered trademarks of P24. P24 does not grant any User the right or licence to use, copy or reproduce any trademarks of P24.
The User exempts P24 from any liability arising from a delay in service or non-fulfilment by P24 within the framework of this Contract due to an event of Force majeure. Force majeure includes all circumstances that could not have been foreseen or were caused by events beyond the reasonable control of P24, including but not limited to Force majeure, normative acts of state institutions, strikes, war or any kind of military operations, blockades, epidemics, acts or threats of terrorism etc.
16.1. Changes to the Contract. P24 reserves the right to revise this Contract from time to time to reflect changes in applicable laws, technical or security requirements and the functionality of the Services provided.
Should P24 decide to change this Contract in the future, a corresponding note will be made at the beginning of this Contract and/or you will be informed of this in advance by means of our Services or by other notification (e.g. via email notification). Non-substantial changes to this Contract will be effective on the same day that the change is notified, while material changes will be effective thirty (30) days after posting on the Website. The date of the most recent amendment to these terms and conditions is shown at the beginning of this document. The User acknowledges that continued use of our Services following any changes to this Contract will constitute acceptance of those same changes. Otherwise, the User has a special right of termination within thirty (30) days after the publication of the change.
16.2. Changes to the Services. P24 can, at its own discretion and at any time, update or change the Services, discontinue the Services or parts thereof temporarily or permanently, including without restrictions for technical reasons, security issues, legal requirements or business reasons, with (significant changes) or without notification (non-significant changes) to the User. P24 is also entitled to carry out maintenance work/renewals of the Services from time to time, which may result in interruptions, delays or even malfunctions. The User agrees that P24, despite the effort to send a corresponding message to the User, can carry out any maintenance, modification, interruption or cancellation of the Services without prior notice, insofar as this is possible. The User confirms that by continuing to use our Services after any changes to this Contract, this Contract concerning these same changes is assured. Should P24 cease to provide the Services in any form, every P24 User who has a paid subscription will receive a pro rata refund. Otherwise, the User has a special right of termination within thirty (30) days after the change of the Service.
This agreement comes into force as soon as the User uses our Services and remains in force until it is terminated by one of the contracting parties. The User agrees that P24 can cancel, deactivate or delete this Contract, the customer account and/or the community account as well as the use of the Services at its own/sole discretion and without notice, and can remove content for whatever reason if the User has acted in significant contravention of the conditions of this Contract. Community Users can terminate the contract by deleting their P24 Community account. P24 Users can terminate their contract by deleting their account via the account options. If P24 cancels a paid P24 account, the P24 User will receive a proportionate refund.
The Services and P24 technology are subject to the statutory export regulations of the European Union and, where applicable, are subject to the corresponding export control laws, regulations and restrictions imposed by the United States of America, the United Nations and the European Union. The User undertakes not to download the Services or P24 technology either directly or indirectly or to store or re-export them in any other way: (i) to countries that are subject to the valid sanctions/re-export requirements for the export or re-export of goods of the United States of America, the United Nations or the European Union; or (ii) to persons who are on the lists “Specially Designated Nationals”, “Blocked Persons”, “Denied Persons”, “Unverified”, “Entity” or “Non-Proliferation Sanction” of the European Union.
The User agrees that this Contract, irrespective of the conflict of legal provisions and the United Nations Convention on Contracts for the International Sale of Goods 1980, shall be governed exclusively by the Applicable laws of Germany and the general place of jurisdiction shall be Passau.
Should a disagreement arise between the User and P24, it is our aim to offer a neutral and cost-efficient option to put the conflict aside as soon as possible.
The user agrees that any disputes, disagreements or claims arising in connection with or arising from this contract will be settled primarily by arbitration in accordance with german law, and only in the event of no agreement being reached will the dispute be decided as a lawsuit in court. By agreeing to this contract, and thus agreeing to arbitration in the event of a dispute, the user agrees to waive any right to participate in a class action or litigation based on a class action. The user agrees to be expressly and aware of this right to enable us to deal with your complaint, please send a written request and a detailed explanation of your complaint to P24 GmbH Kapuzinerstr. 4 94032 Passau Germany.
21.1. Whole Agreement. Unless otherwise specified on our Website, this Contract, including both the data protection guidelines and all other documents relating to the use of our Services by the User as well as the general terms and conditions and all other conditions of the financial institution and conditions of third parties, represents the general conditions between the User and P24 in relation to the use of our Services and therefore replaces all previously made arrangements, communications and agreements, verbal or written, in relation to the subject of this Contract.
21.2. Invalidity. If any provision of this Contract is found to be illegal, invalid, void or unenforceable/illegal in whole or in part by a court of competent jurisdiction, the validity of the remaining provisions of this Contract shall remain in full force and effect, as they are not affected in any way. Such illegal, invalid, void or unenforceable/illegal provision shall be amended in whole or in part to the extent necessary to make it legally valid/enforceable/enforceable. If this should not be possible, this provision will be separated from this Contract, which will remain in full force and binding for the User.
21.3. Transfer. Under no circumstances is the User entitled to transfer his rights and obligations from this Contract to third parties without the prior written consent / approval of P24. However, P24 is entitled to transfer the rights and obligations of this Contract at its own discretion and without any consent of the User to the following persons: (i) a sister company; (ii) a company that acquires assets of P24 through the corresponding purchase (company/business assets); (iii) a successor through company merger; (iiii) a collection agent (if there are unpaid invoices/receivables by the User). Any violation of this Contract is considered invalid.
21.4. No waiver. No failure or delay of P24 in exercising rights, powers or remedies under this Contract shall constitute a waiver thereof, and no single or partial exercise of such rights, powers or remedies shall preclude any other or further exercise of other rights, powers or remedies.
If you have any questions about this Contract or the conditions, please contact us at support@P24.eu.
Attachment – Third party Services