ND USER LICENSE AGREEMENT
Last update: 25 May 2018
Bittiq B.V. is established at Maliebaan 29-33, 3581 CC, Utrecht, Netherlands.
Bittiq B.V. is listed in the Trade Register of the Amsterdam Chamber of Commerce under number 69249415. The VAT identification number is NL857801831B01.
Please read this end user license agreement (the “Agreement”) carefully. Your use of the App (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Bittiq B.V. (“Bittiq” or “we” or “us”) concerning your use of (including any access to) the Bittiq app (together with any materials and services available therein, and successor app(s) thereto, the “App”). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Company through the App, or otherwise made available to you by Company.
BY USING THE APP, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
1. Description of the app
Bittiq is a financial app intended solely for general informational purposes.
The service offered by Bittiq is (mainly and briefly) the connection to the user’s bank account, the financial overview, the possibility to cancel or switch subscriptions of the user upon request.
The App does not, and should not be construed to, constitute or provide any financial, investment, legal, accounting, tax or other advice. You should not rely upon or otherwise use the App in connection with making any decisions or evaluating any financial, investment, legal, accounting, tax or other issues.
How you interpret information presented in the App is your personal responsibility.
We encourage you to consult a financial, investment, legal, accounting or tax advisor with respect to any such issues. In addition, please note that nothing available through the App is an offer to sell, or a solicitation of any offer to buy, any financial products, nor should any such content be used as the basis of any investment or other financial decision.
2. License rights.
The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Company to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device.
3. Cost of the app and service fee.
The App is free to download and to use.
4. Bittiq’s proprietary rights.
Bittiq owns the App, which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include any associated logos. All trade names, trademarks, service marks and logos on the App not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the App should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of Bittiq or the rightful owner.
5. Third party materials and links.
Certain App functionalities offer access or links to information, products, services and other materials made available by third parties (“Third Party Materials”). By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials.
We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Bittiq with respect to any Third-Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the App at any time. In addition, the availability of any Third Party Materials through the App does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
7. Rules of conduct in connection with the app
In connection with the App, you must not:
1. Post, transmit or otherwise make available through or in connection with the App any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b)
2. Post, transmit or otherwise make available through or in connection with the App any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
3. Use the App for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
4. Harvest or collect information about users of the App.
5. Interfere with or disrupt the operation of the App or the servers or networks used to make the App available, including by hacking or defacing any portion of the App; or violate any requirement, procedure or policy of such servers or networks.
6. Restrict or inhibit any other person from using the App.
7. Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the App except as expressly authorized herein, without Company’s express prior written consent.
8. Reverse engineer, decompile or disassemble any portion of the App, except where such restriction is expressly prohibited by applicable law.
9. Remove any copyright, trademark or other proprietary rights notice from the App.
10. Frame or mirror any portion of the App, or otherwise incorporate any portion of the App into any product or service, without Company’s express prior written consent.
11. Systematically download and store App content.
12. Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or circumvent the navigational structure or presentation of the App, without Company’s express prior written consent.
8. Products and services made available through the app
The App may make available listings, descriptions and images of goods or services or related coupons or discounts (collectively, “Products”), as well as references and links to Products. Such Products may be made available for any purpose, including general information purposes. The availability through the App of any listing, description or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Product (including the validity of any coupon or discount) is subject to change at any time without notice. It is your responsibility to ascertain and obey all applicable local and foreign laws (including minimum age requirements) regarding the possession, use and sale of any Product.
CERTAIN PRODUCTS ARE MADE AVAILABLE BY THIRD PARTIES AND NOT BY BITTIQ. WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY SUCH THIRD-PARTY PRODUCTS, AS FURTHER DESCRIBED IN SECTION 16 BELOW.
9. Consent for interaction with third parties
Bittiq uses functionalities and services from third-party subjects such as: Daisycon and Saltedge – Salt Edge Customer Data API & Services. With specific regard to Saltedge, the user accepts and agrees with its End User Licence Terms. These terms do not replace the terms and conditions of this agreement. By accepting this, user acknowledge that there may be terms and conditions or privacy policies which applies for use of third-party services.
By using the App, you give consent to be presented offers by one or more third parties and any related disclosures, at your request. You approve that third parties may process your information and interact with you electronically. The third parties may also send you notices electronically related to its interactions and transactions. Disclosures may be provided by the third party via email, or may be made available on the third party’s websites.
As it relates to your request for offers from third parties, this consent cannot be withdrawn because any such request is a one-time transaction. However, if you do not wish to consent to receive disclosures electronically, you can opt not to make a request to receive offers from third parties. If you choose to accept an offer from a third party, you can withdraw your consent to receive electronic disclosures directly with the third party at any time and at no charge, by contacting the third party in the manner specified by the third party. If you withdraw your consent to receive electronic disclosures before you obtain the product or service of the third party, you may be prevented from obtaining the product or service from the third party. Contact the third party directly if you wish to withdraw your electronic consent. If you decide to withdraw your electronic consent from the third party, the legal effectiveness, validity, and enforceability of electronic disclosures provided pursuant to this consent will not be affected.
Only for the purpose of terminating a service, Bittiq sends a request to the provider of the service on behalf of the requiring user. In this case the personal data of the user may be shared by Bittiq with the provider.
The App offers the ability to enter into transactions with third parties, including in connection with Products made available by third parties and other Third-Party Materials.
ANY SUCH TRANSACTIONS ARE SOLELY BETWEEN YOU AND SUCH THIRD PARTY; BITTIQ HAS NO RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY SUCH TRANSACTIONS, INCLUDING WITH RESPECT TO THE PROCESSING OF ANY PAYMENTS FOR SUCH TRANSACTIONS.
11. Appointment of agency.
For the purposes of this Agreement, and solely for purposes of providing the App and related services to you, you appoint Bittiq as your attorney-in-fact and agent to access third-party website, databases and other services, and to access, retrieve and use Financial Information, and you grant to Bittiq the full power and authority to do and perform all things necessary in connection with such activities.
If a request to cancel or switch service provider is done through the App, Bittiq will exercise its best efforts to contact the provider of the service on your behalf and forward your will to withdraw from the contract you have or replace it with a new one.
You acknowledge and agree that when we are accessing, retrieving and using Financial Information, we are acting as your agent, and not as the agent of or on behalf of the third party that we access Financial Information from or to which we provide Financial Information. We are not obligated to review Financial Information for any purpose, including, but not limited to, accuracy, legality, or non-infringement. You agree that other third parties shall be entitled to rely on the foregoing authorization and appointment granted by you. As between Company and our third-party service providers, Company owns Financial Information.
You may need to register to use all or part of the App. We may reject, or require that you change, any user name, password or other information that you provided to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not Bittiq, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your App account.
13. Use limitations.
The Bittiq app is available only to customers aged 18 and over.
You can unlink any accounts you have linked in the App at any time by sending an email at email@example.com, mentioning in the subject line your will to unlink Bittiq from your bank account.
15. Profiles and forums.
App visitors may make available certain materials (each, a “Submission”) through or in connection with the App, including on profile pages or on the App’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Bittiq has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions.
IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONAL DATA OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE APP, YOU DO SO AT YOUR OWN RISK.
We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the App, or analyse your access to or use of the App. We may disclose information regarding your access to and use of the App, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
17. Possible inaccuracy of the app
Occasionally the balance shown may not correspond with that shown in internet banking and/or mobile banking. If it does not, the balance in internet banking and/or mobile banking is the correct figure.
While we try to maintain the timeliness, integrity and security of the App, we do not guarantee that the App is or will remain updated, complete, correct or secure, or that access to the App will be uninterrupted. The App may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the App. If you become aware of any such alteration, contact us at firstname.lastname@example.org with a description of such alteration and its location on the App.
Bittiq shall not be liable for (consequential) damages caused by using the App. We are, for example, not liable when information in the app turns out to be inaccurate or incomplete. You indemnify Bittiq against any third-party claims relating to (use of) any of our services.
Contact Bittiq by emailing email@example.com.
We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement on the App or on Bittiq’s website. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the App following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the App (including access to the App via any third-party links); charge, modify or waive any fees required to use the App; or offer opportunities to some or all App users.
22. Termination of the service.
You can terminate this Agreement at any time by sending an email to firstname.lastname@example.org.
Bittiq reserves the right to restrict, suspend, or terminate your access to the App. We are also authorised to do so in the event that you fail to adhere to this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the Netherlands. Any use of the App or any such products or services must comply with all applicable laws, rules and regulations of the Netherlands.
Any disputes which may arise out of or in connection with this agreement, shall be brought before the competent court in Utrecht, the Netherlands, which shall have exclusive jurisdiction in connection with such dispute.