Aktia Developer Portal Terms of Use

Effective as of March 11, 2019.

Aktia Developer Portal is intended for providing information, support and sandbox services for evaluation and testing purposes of third party applications and services in connection with Aktia's account information and payment initiation services defined in Payment services directive (PSD2) and other open banking related services Aktia may introduce and provide in the future.

These terms and conditions for Aktia Developer Portal (the "Terms") apply to the Aktia Developer Portal sandbox and related services, website, newsletter, information, data, documentation and other content (collectively the "Service" or the "Services" as the context may require). Additional terms and conditions may apply to certain parts or features of the Services, all of which terms are made part of these Terms by reference.

By registering for or using the Services you agree to these Terms. If you do not agree, you may not use the Services.

After successful registration, Aktia Developer Portal gives you the opportunity to access the sandbox, evaluate and test your application with test data, view certain documentation and other relevant materials, obtain API keys and credentials, receive newsletters and request accompanying support.

For the sake of clarity, please note that these Terms do not apply in relation to such APIs for account information and payment initiation services as defined in PSD2, which shall be made available by Aktia to authorized and licensed payment service providers under applicable law to provide such services.

Aktia reserves the right, at its sole discretion, to change or modify these Terms at any time without prior notice. You are responsible for checking these Terms for any changes periodically. Your continued use of the Services shall constitute your acceptance to any changes and modifications.

1. Registration

You confirm you are 18 years or older. You agree to provide truthful and complete information when registering for the Service and to keep such information updated.

By registering as a user you will create a user account comprising of a username and a password. You are personally responsible for any use of the Service with your user account. You agree to take due care in protecting your username and password against misuse by others and promptly notify Aktia about any misuse of your user account.

2. Using the Service

You may use the Service (for the sake of clarity including data, information, documentation and other materials available on the Service website) for your development, evaluation and testing purposes in connection with Aktia's payment service APIs. Your right to use the Service is subject to your full compliance with these Terms and applicable laws.

You agree: (i) to use the Service only for its intended purposes in accordance with Aktia's documentation; (ii) not to share or disclose your API keys and other service credentials to any third party; (iii) not to use or upload any actual end user data to the Service; (iv) to ensure that your use of the Service does not expose Aktia or other users of the Service to malicious or harmful software, materials or other security risks such as denial of service attacks; and (v) not to attempt to gain unauthorised access to any part of the Service or other systems, servers or databases of Aktia and not to circumvent or disable any security or other technical features that prevent or restrict the use of the Service or other systems, servers or databases of Aktia.

Service is solely for its intended purposes defined herein and therefore you agree not to (i) reverse engineer, reproduce or modify the Services or any data accessible via the Services; or (ii) distribute, disclose, publish, transmit, market, sell, rent, lease, sublicense or assign the Service or any data or information to which you have access via Service to any third party without prior written agreement with Aktia.

3. Intellectual Property Rights

Use of the Service does not constitute any transfer of your intellectual property rights to Aktia. However, Aktia may use the Feedback submitted to Aktia as defined below in section 4.

The Service and all related rights, title and interest, including intellectual property rights, are owned or licensed by Aktia and protected under copyright and other intellectual property right laws. All trade names, trademarks and service marks appearing on the Service are the property of Aktia or respective third parties.

Aktia does not endorse in any way your applications or services. These Terms or your access and use of the Service do not constitute any right or license to use Aktia's name, logo, trademarks, copyrights or any other intellectual property without prior written approval from Aktia thereof. Any rights not expressly granted herein are reserved.

You agree not to remove any copyright or other proprietary notices if you download or print documentation or other content.

4. Feedback

By submitting any ideas, feedback or proposals ("Feedback") to Aktia through the Service or by other means, you acknowledge and agree that: (i) Aktia may have similar development ideas to the Feedback; (ii) Aktia has no obligation of confidentiality with respect to the Feedback; and (iii) Aktia may freely use and further develop such Feedback for any purpose without limitations or obligations towards you.

5. Personal Data

Aktia shall collect and use your personal data necessary to provide the Services to you. As part of the Service Aktia may communicate to you through the Service or by other means, such as sending newsletters relating to the Service via email.

Aktia's privacy statement govern the use of your personal data related to the Service. You agree to the use of your personal data in accordance with the privacy statement available at aktia.fi/fi/openbanking/privacy.

6. Availability

The Services may not be available during maintenance and other breaks. Aktia may also restrict access to the Services or some functionalities at any time at its sole discretion.

Aktia is also constantly developing its Services to provide the best possible experience for its users. You acknowledge and agree that as part of this continuing work the information and functionalities of the Services may change from time to time without prior notice. You also acknowledge that Aktia may cease (permanently or temporarily) providing the Services or any features at Aktia's sole discretion without prior notice.

7. Disclaimer of Warranties

The Services are provided by Aktia on an "as is" and "as available" basis. Aktia does not warrant that the Services will be uninterrupted or error-free. Aktia expressly disclaims any express or implied warranties including, without limitation, warranties of title, non-infringement, merchantability, fitness for a particular purpose, availability, accuracy or reliability. You expressly agree and acknowledge that the use of the Services is at your sole risk.

8. Limitations of Liability

Except for damages caused by intentional misconduct or gross negligence, Aktia, its affiliates, officers, directors, employees or agents shall not be liable for any direct, indirect, incidental, special, punitive or consequential or other damages, lost profits, business revenue, goodwill, anticipated savings, or data, related to or caused by the use of or inability to use the Service even if the possibility of such damages has been advised.

9. Assignment

Aktia may assign its rights and obligations under these Terms to any Aktia corporate parent, subsidiary or company under common control with Aktia. Additionally, Aktia may assign its rights and obligations under these Terms to a third party in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

10. Validity

These Terms shall neither exclude nor limit any of your mandatory rights. If a provision of these Terms is found to be invalid, the validity of the remaining provisions shall not be affected and the invalid provision shall be replaced with a valid provision that comes closest to the result and purpose of these Terms.

Any failure of Aktia to exercise any right of these Terms shall not be considered as a waiver of such right.

11. Dispute resolution

These Terms shall be governed by the laws of Finland without regard to any conflict of law provisions. You agree that any dispute arising out of these Terms or your use of the Service shall be resolved exclusively in the district court of Helsinki, Finland.

12. Termination

You may terminate your user account and agreement with Aktia if you no longer wish to use the Service.

Aktia may at any time terminate your user account, or suspend or restrict your access to the Service, if: (i) there is an indication that you have breached any provision of these Terms; (ii) you have not signed into the Service with your username in the past twenty-four (24) months; (iii) Aktia is required to do so by law; or (iv) Aktia ceases providing the Service.

The provisions of these Terms that are intended to survive termination shall remain valid after such termination.