App user agreement
1.1 Thank you for downloading and installing the Intergiro Mobile App (the “App”). This Mobile App User Agreement (the “User Agreement”) governs your use of the App and is entered into between you and Intergiro (see contact details at the bottom of this document).
1.2 In order to be able to download and use the App, a company who is a banking customer of Intergiro has registered you as a user with us (the “Intergiro Customer”).
This might be because you are an employee, director etc. of the Intergiro Customer.
1.3 The Intergiro App allows you, to the extent permitted by your user permissions set by the Intergiro Customer and in line with the Intergiro Customer’s account package, to – among others – place payment orders with Intergiro, view transaction history, use and manage virtual or physical Cards (as defined below) (the “App Services”).
1.4 You acknowledge and understand that the Intergiro Business Terms, agreed between Intergiro and the Intergiro Customer (the “Business Terms”) shall govern the relationship between the above-mentioned parties, including but not limited to payment accounts, payment cards, KYC (the “Financial Services”). You acknowledge that Intergiro under this User Agreement does not provide financial services to you nor does this User Agreement fall under the Payment Services Act (Lag (2010:751) om betaltjänster). This User Agreement shall have no prejudice on the Business Terms. You acknowledge, however, that your acts or omissions amounting to a breach of this User Agreement may independently also entail a breach of the Business Terms by the Intergiro Customer.
1.5 You hereby confirm that you have read and understood the User Agreement and you agree to be bound by its terms. If you do not accept the User Agreement you may not use App or the App Services and should delete it immediately from any devices onto which you have downloaded it.
2. Conditions of use
In order to use the App you must (i) be over 18, (ii) have the legal capacity to enter into binding agreement with us and not have any hindrance to do so under applicable laws, (iii) be a resident in a country within the European Economic Area or the United Kingdom, and (iv) be a registered user with Intergiro as set out in section 1.2 above.
3. Use of the App Services
3.1 Without prejudice to the Intergiro Customer obligations as set out in the Business Terms, you must at all times when using the App and the App Services comply with the following obligations:
3.1.1 You must meet the requirements of section 2 above (“Conditions of use”);
3.1.2 You must not be a resident of a country included in our “Prohibited Countries” list, as set out in our FAQ and hereby incorporated into this User Agreement (as updated from time to time as necessary);
3.1.3 You may not overdraw the Intergiro Customer’s account;
3.1.4 You must notify the Intergiro Customer of any significant communication from Intergiro addressed to you;
3.1.5 You must comply with the use policy requirements set out in section 4 below.
3.1.6 You may not use the App or the App Services in a manner involving or relating to in any way to any of the following:
a) activities that are illegal in Sweden (including activities related to illegal drugs and substances mimicking such a drug [where for the avoidance of doubt, marijuana is considered an illegal drug], sale of organs, counterfeiting, trade relating to protected animals, trafficking, prostitution, etc);
b) industries supporting activities that are illegal in Sweden (as specified above);
sexual services, including promotion of the same;
c) defence and military, weapons and ammunition;
d) bank guarantees, debt securities, pass letters, medium-term credit notes (MTN), binary options, payday lenders;
e) ponzi, pyramid schemes;
f) use of deceptive marketing practices or unclear sales contractual terms (such as offering a gift or goods at a cheap price to bind customers to a long- term subscription because of unclear terms and conditions);
g) operations, sales relating to or in any other way being linked with prohibited countries as referred above (such as commodity trade, travel agencies, embassies, etc.);
h) non-profit organizations;
i) religious organizations; and
j) shell companies and shell banks.
4. Use policy
…4.1 You acknowledge that you may not cancel or reverse a payment order that you have placed via the App Services on behalf of the Intergiro Customer, with such payment orders being governed by the Business Terms between Intergiro and the Intergiro Customer. Therefore, it is important that at all times you ensure that the payment details you provide are accurate and correct.
4.2 You acknowledge that if a payment order you have placed via the App Services exceeds any of the thresholds applicable to the account package selected by the Intergiro Customer, additional transaction fees will apply.
4.3 You must immediately contact us in the event that a debit card you hold and use via the App and the App Services on behalf and as permitted by the Intergiro Customer in accordance with the Business Terms (the “Card”):
a) is lost, stolen or is otherwise no longer in your possession or control; or
b) is suspected of being accessed or used by an unauthorised third party or if the security details of the card (such as card number, expiration date, and/or the 3-digit security code) might have been used without your permission.
4.4 You acknowledge that the initial PIN code of any physical Card ordered by you on behalf of the Intergiro Customer or by the Intergiro Customer in accordance with the Business Terms will be set via the App. If permitted by the Intergiro Customer, you will be able to change the PIN code yourself via the App.
4.5 You acknowledge that by using a Card to make transactions on behalf of the Intergiro Customer with retailers in countries other than your country of residence the Intergiro Customer will incur third party exchange fees, which Intergiro will not be responsible for.
4.6 You acknowledge that Intergiro will not refund any transactions that you on behalf of the Intergiro Customer approve with the Card without knowing the exact payment amount in advance. See our FAQ for relevant tips.
4.7 You acknowledge that via the App you can view the transactions made with the Card, and that you can set transaction limits for the Card. We encourage you to check these features and configure the card in accordance with the Intergiro Customer’s needs.
4.8 You acknowledge that, you can also use virtual Cards via the App and App Services for online payments on behalf of the Intergiro Customer. You may do this by viewing the virtual Card’s details in the App and submitting them on a website where you are making a purchase on behalf of the Intergiro Customer. When making online payments in this manner you must follow the security requirements (section 4.9) and make sure that you only approve payments on behalf of the Intergiro Customer with trusted third parties.
4.9 You must at all times comply with the following security requirements:
a) You must ensure that the login details and credentials used for the App, all details of any Cards (such as card number, expiration date and 3-digit security code) used via the App and the App Services, ordinary and one-time passwords and means of communication used with Intergiro for authentication purposes are kept safe and secure and you do not keep credentials or security details together with the device used to access the App;
b) You must ensure that you use a strong password only applicable to your login to the App which you update from time-to-time;
c) You must not let any third-party access or use the App, the Web Services and the Card via your personal login;
d) You must contact us immediately if you suspect or become aware that the App or the Web Services or any information thereof are being accessed or otherwise used by a third party except with the consent of the Intergiro Customer in accordance with the Business Terms.
e) You must immediately contact us if at any time you suspect or become aware that your personalised security credentials (including without limitation ordinary or one-time passwords, account credentials, card security details, means of communication used with Intergiro for authentication purposes) are at a risk of or being used or otherwise possessed or accessed by an unauthorised third party.
4.10 You must inform the Intergiro Customer without delay if you encounter an erroneous transaction while using the App and the App Services.
4.11 You must immediately contact Intergiro and inform the Intergiro Customer if at any time you suspect or become aware that an unauthorised transaction has taken place.
4.12 To the extent you experience any problems with products or services you purchase via the App or App Services on behalf of the Intergiro Customer, you acknowledge that you can raise claims regarding such problems directly with the seller of the product or service purchased. The seller or service provider shall be liable for such faults or deficiencies in accordance with the laws applicable to the purchase, and Intergiro assumes no liability regarding such faults or deficiencies.
5. Use of the App
5.1 The App is vested in and owned by Intergiro or its licensors. You are hereby granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the App (the “License”).
5.2 The App is not sold or assigned to you. Intergiro and its licensors retain ownership of all copies of the App including following installation on your mobile phone or tablet. Nothing in this agreement between you and Intergiro goes beyond the License and you do not have any right to use Intergiro’s or our licensor’s name, trademarks, logos or other intellectual property rights and nothing in this agreement shall be interpreted as granting a right to license or transferring intellectual property rights to you.
5.3 You must not copy, reproduce, modify, reverse engineer, disassemble or otherwise interact in bad faith or in a manner detrimental to us with any of our intellectual property rights, products, services or related services.
5.4 You promise and warrant to us that you will respect Intergiro’s and third parties’ intellectual property rights in accordance with this section 5 and section 6.
6. Open source software
Some of the software included in the App may be offered under an open source license. Such open source software licenses constitute separate written agreements. For more information regarding the open source software licences applicable to our App, pleasesee the following Listwhich we may update from time to time. If and to the limited extent any open source software license expressly supersedes the terms of this User Agreement, your agreement with Intergiro in respect of your use of such open source software shall reflect the terms of the superseding open source software license.
7. Personal Data
8.1 This User Agreement shall be effective upon your first successful login to the App and shall remain in force as long as you are a user in accordance with section 1.2 and/or until terminated by Intergiro. Once you are no longer a user in accordance with section 1.2 of this User Agreement, the User Agreement will terminate immediately. Accordingly, if you wish to terminate this User Agreement, please contact the Intergiro Customer and request the deletion of your user registration with Intergiro.
8.2 Intergiro may terminate this User Agreement with immediate effect without specifying any reasons thereto. Such termination entails that you shall no longer be a user in accordance with section 1.2 this User Agreement.
9. Changes to the User Agreement
9.1 We may unilaterally change the terms of this User Agreement for any reason, including but not limited to incorporating additional terms to cover new App features, technical and security improvements to the App and any updates necessary to comply with legal or regulatory requirements. We will provide you with prior notice by contacting you via email or via the App (the “Notice”).
9.2 If you do not wish to continue using the App and the App Services under changed terms of the User Agreement you can, during the period provided in the Notice, contact us and we will terminate your access.
9.3 By continuing to use the App and the App Services after the period provided in the Notice you shall be deemed to have accepted any and all changes to the User Agreement, provided that you have not contacted us during the period provided in the Notice in accordance with section 9.2 above.
• You acknowledge that all information and data that is disclosed under this User Agreement by Intergiro directly or indirectly, in written, oral, digital or any other form or medium, (A) that is identified by Intergiro as confidential, or (B) that is trade secret, know-how or proprietary information in relation to the App or the App Services, or (C) that is information which you reasonably ought to regard as confidential due to, including but not limited to, its technical, financial, legal, business, operational nature, it relating to products and services, employees, vendors, processes, methods, registered or unregistered intellectual property rights or applications thereto of Intergiro (the “Confidential Information”). For the avoidance of doubt, any recording, copy, reproduction, information, data, finding or analysis derived from Confidential Information shall be deemed as confidential information.
• Confidential information is, and shall remain, the property of Intergiro for all purposes. Nothing in or done pursuant to this agreement shall be interpreted as or operate so as to transfer or licence to you any right, title or interest in relation to any of the Confidential Information.
• You must not use confidential information outside of the normal use of the App or the App Services (the “Permitted use”) and you must not disclose confidential information to a third party without Intergiro’s prior written consent. You acknowledge that you must maintain strictly confidential all confidential information that you obtain, and you must not record, copy or otherwise reproduce the confidential information, in whole or in part, without the prior written consent of Intergiro unless necessary for the permitted use. You must not use any confidential information for the purpose of undermining, damaging, frustrating or competing with Intergiro’s existing or future business, technology interests, or related matters. You must not reverse engineer, decompile, disassemble or interact otherwise in bad faith with any Confidential Information.
Exceptions: the above obligations shall not apply to any confidential information which you can demonstrate:
• was already lawfully in your possession and at your free disposal without any confidentiality undertaking before the disclosure to you by Intergiro;
• is subsequently disclosed to you by a third party that was not in breach of any obligation of confidentiality;
• is or becomes generally available to the public through no act or default on your part;
• was independently developed by you without use of, or reliance upon Intergiro’s confidential information.
You may disclose confidential information strictly limited to the extent required by applicable law in accordance with an order of a court with jurisdiction or a decision of a competent authority, provided that: (i) you, if and to the extent allowed by applicable law, notify Intergiro in writing of any such intended disclosure as soon as is reasonably practicable prior to any such disclosure; (ii) such confidential information is disclosed to the minimum extent legally required; (iii) you promptly request with the court with jurisdiction or the competent authority confidentiality restrictions to be applied regarding the disclosed confidential information. Notwithstanding any disclosures pursuant to this paragraph, the disclosed confidential information shall remain subject to the confidentiality obligations of this agreement.
You acknowledge that if this agreement is breached in respect of confidential obligations, monetary damages would be an inadequate remedy for the injury suffered by Intergiro as a result of such breach. Intergiro shall, in addition to any other remedy available under applicable law or under this agreement, be entitled to an injunction to prevent such breaches or threatened breach of this agreement, and to an order compelling specific performance of this agreement.
10.2 Force Majeure
Intergiro will not be liable for any breach or delay in the performance of its obligations under this User Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic or acts of God or any cause beyond the reasonable control Intergiro (we will refer to such circumstances as a “force majeure event”). Should a force majeure event occur we will provide you or the Intergiro Customer with notice thereof and Intergiro will be excused from performance of the obligations being affected for as long as such force majeure event prevails.
10.3 No warranty
Unless required by applicable law, Intergiro and its licensors provide the App and the App Services on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the App and the App Services and assume any risks associated with your exercise of permissions under this License.
10.4 Limitation of liability
Without limiting the generality of section 10.2, Intergiro, to the extent allowed by law, in no event and under no legal theory, whether in tort (including negligence), contract, or otherwise shall be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this User Agreement or out of the use or inability to use the App and the App Services (including but not limited to damages for loss of goodwill, loss of business, loss of data, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
10.5 Limitation of liability
You agree to indemnify and hold Intergiro harmless from and against all damages, losses, and expenses of any kind (including but not limited to reasonable attorney fees and costs) arising out of or related to:
• your breach of the User Agreement;
• any activity in which you engage on or through the App or the App Services;
• your violation of any applicable law or the rights of a third party.
10.6 Entire agreement
This User Agreement forms the entire agreement between you and Intergiro regarding the App and the App Services and shall replace and supersede any other agreements or understandings between you and us regarding the subject matter.
If any of the provisions of this User Agreement would be deemed invalid the non-affected provisions and the rest of this agreement shall continue to be valid and in force and the affected provision shall be interpreted in a way to render it valid in line with your and our intentions and the background to this User Agreement.
10.8.1 You may not assign your rights and obligations under this User Agreement to a third party.
10.8.2 We may assign our rights and obligations under this User Agreement to an Intergiro group company or in relation to a merger, acquisition or other similar event and we may assign a legal claim we may have against you to a third party. If we would otherwise assign this User Agreement to a third party not mentioned in the foregoing, such an event will be governed by section 9.
10.9 No waiver
If we do not enforce a claim against you under this agreement or if we otherwise do not take action or only with delay that does not mean that we waive or withdraw our right to do so in due course.
10.10 Governing law and disputes
10.10.1 This agreement shall be governed by Swedish law excluding its conflict of laws rules.
10.10.2 Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).
10.10.3 The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the DraftConfidential8amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.
10.10.4 The seat of arbitration shall be Stockholm, Sweden and the language to be used in the arbitral proceedings shall be English.
Intergiro Intl AB (publ), with registration number 556965-3537 and registered address at Box 3093, 10361 Stockholm, Sweden is an e-money institution supervised by the Swedish financial supervisory authority (Finansinspektionen) under number 48003.
You can contact us via the online messaging system available in the App and at https://intergiro.com/.