General Terms and Conditions for the Utilization of fino Services
TrueLayer is partnering with fino run GmbH (“fino”) to ensure that account information services or payment initiation services will continue to be provided once the Brexit transition period ends - please see here for more details.
Under our partnership, fino will be providing you with account information services or payment initiation services and those services will be subject to fino’s terms and conditions as set out below. fino will then use TrueLayer’s technology services to access information at your EU bank accounts or to initiate payments from those accounts.
If you have any questions regarding these terms or fino’s services, you may contact fino using the contact details set out below.
PROVIDED BY: FINO RUN GMBH
Universitätsplatz 1234127 KasselRegistry Court: KasselRegistry Number: HRB 17459Payment Institutions Register: ID 150228
Phone: (+49) 561 861850
COMPETENT SUPERVISORY AUTHORITY: FEDERAL FINANCIAL SUPERVISORY AUTHORITY (BAFIN)
Graurheindorfer Str. 10853117 BonnandMarie-Curie-Str. 24-2860439 Frankfurt am Main
1 General statements
fino inter alia provides finance-technological services in different varieties, as well as document management services. fino is supervised by the Federal Financial Supervisory Authority (BaFin). You can rely on fino to execute the tasks delegated by you with the utmost care.
2 General and special terms and conditions
2.1. The Terms and Conditions (T&Cs) comprise the present "General Terms and Conditions for the Utilization of fino Services"; as well as the following supplementary components to the T&Cs:
T&Cs for individual, explicitly named fino services
2.2. All components of the T&Cs are effective as included and integrated elements of the General Terms and Conditions. They apply to the ordered products as an equivalent addition to the contract containing the General Terms and Conditions.
2.3. In case of contradictory regulations within the individual contract components, the following order of priority applies:
3.1. An entitlement to utilization of the fino services does not exist. fino explicitly reserves the right to refuse the signing of a user contract without citing of reasons, especially in case of incorrectly furnished particulars. This also applies in case of existing doubts about your identity, or if the terms and conditions are violated in any other way.
3.2. The user contract between you and fino takes effect as soon as you have agreed to fino's contractual conditions and commence using the services, or activate the order with the confirm button.
3.3. You are obligated to make only truthful statements regarding your person and your company, and to keep your data up to date at all times.
3.4. Individual service components may be extended or removed from the application by fino.
4.1. The utilization of the fino service is basically free of charge to you.
4.2. That does not apply if diverging agreements have been made in special business relationships. You will be made aware of any possible fees prior to signing of the contract.
4.3. The user may only offset claims by fino with uncontested or legally binding counterclaims.
5 fino's liability
fino is not liable for damages resulting from their service, in particular loss of data, or damages to soft- or hardware or property damages, unless those were caused by wilful or grossly negligent actions carried out by fino, their vicarious agents, or their legal representatives. For damages to life, body and health, as well as compensation claims in accordance with the Product Liability Law, fino is liable without restrictions. fino is equally liable for breach of duties that are of particular importance to the attainment of the contractual purpose (cardinal obligations); here, the liability is limited to the amount of the typically foreseeable damage.
5.2. Liability in case of force majeure
fino is not liable for damages caused by disruption of business operation (e.g., bomb threat or server failure), in particular because of force majeure (e.g., events of war or nature) as well as because of other circumstances not attributable to fino (e.g., strike, lockout, traffic disruption, failure of communication networks or gateways of other providers, as well as disruptions in the range of other telecommunications or service providers), or which take place because of acts of domestic or foreign authorities.
5.3. Server System
fino maintains, through their provider, a constantly monitored server system for their applications, which allows you continuous access to the sections intended for you, assuming a properly running system. In case of system failure caused neither by wilful or grossly negligent actions by fino nor their performing and vicarious agents, an entitlement to withdrawal, reduction or compensation does not exist.
6 General duties of cooperation and due diligence of the user
You are obligated to utilize the offered fino service solely for its intended purpose.
Notifications from fino will be sent to you by email or, in case of app usage, via push notification. A message is considered issued if it has been received under ordinary circumstances on the server operating your electronic postbox, and if you were able to become aware of it under regular circumstances.
6.2. You are obligated to follow the assistance and information provided in the application and to take note of recommendations for action.
7.1. Information transfer takes place via the internet using common browser systems and/or within a mobile application.
7.2. As a consumer in accordance with section 13 Civil Law Code, you may request the forwarding of these contractual conditions on a different permanent data carrier (for example download) or in paper form at any stage during the contract period.
8 Long-term and one-off fino services
8.1. One-off fino services
One-off fino services are available in a step-by-step route on a website and completed within a few minutes after data entry and confirmation. A cancellation during the process will abort the same completely. Once the process has been completed, it is not possible to recover it. The user contract for one-off fino services ends automatically with the fulfilment of all services or the cancellation of the process through the user.
8.2. Long-term fino services
Long-term fino services, which are not only performed once, will be provided for a specific period of time, so that renewed access with the same data pool is possible. It is possible to create an account, where applicable. Following effective implementation, the contract is valid indefinitely. Further terms and cancellation periods regarding the subscribed usage models arise out of individual contractual regulations.
At any time, you have the option to terminate the user contract with fino or to delete your account within the application. The deletion of the account by you simultaneously causes the termination of the user contract between you and fino, subject to possible agreed-upon contract periods. As soon as you confirm the termination process within the application, it is not usually possible to reactivate your account or to retrieve any data.
With long-term fino services, any alterations to these contract terms will be offered to you for acceptance at least six weeks before the effective date. Your consent to alterations to these contract terms shall be deemed given if you have not made your rejection of the same known by or before the proposed effective date.
fino is entitled to one-sidedly alter these general terms and conditions, as well as special terms and conditions and possible further T&Cs, insofar this is required for the removal of subsequently emerging disruptions or for the adaption to altered legal or technical framework conditions.
fino reserves the right to discontinue the performance of long-term fino services, without citing of reasons, with an adequate lead time.
9 General complaints procedure and extrajudicial redress procedure
9.1. Should there be a conflict between you and fino, fino will be interested in adequate dispute resolution. For this reason, fino would like to point out the existing complaint and dispute resolution procedures available to you, as follows.
9.2. Complaint/dispute resolution procedure through fino
In case you are dissatisfied, or if you wish to make a complaint regarding your rights and obligations (e.g., in accordance with sections 675c to 676c Civil Law Code or Article 248 of the Introductory Act to the Civil Law Code), please feel free to contact firstname.lastname@example.org with your issue any time.
fino will respond to your concerns within 15 working days after receipt of the email, addressing all questions and issues raised. Should fino be unable to reply within 15 working days for reasons unattributable to fino, they will dispatch an interim response clearly indicating the reasons for the delay and specifying a time at which you will receive a final reply at the latest. You will receive a final reply no later than 35 working days after receipt of your email.
9.3 Complaint/dispute resolution procedure through a consumer conciliation board (alternative dispute resolution)
You also may contact a recognized private consumer conciliation board to resolve a dispute, or ring the consumer conciliation board set up through the Deutsche Bundesbank (without prejudice to your right to contact a court).
fino is principally prepared to partake in dispute resolution procedures held by the following consumer conciliation board:
Consumer Conciliation Board of the Deutsche Bundesbank. More information and contact details can be found on www.bundesbank.de/schlichtungsstelle.
9.4. Please note the product-specific, particular complaint/dispute resolution procedures in the special terms and conditions.
10 Final provisions
10.1. German law applies to the business relationship unless mandatory statutory provisions oppose this. In case the provided services contain mixed purchase agreement components, the UN sales law is excluded.
10.2. Unless you are a consumer in accordance with Section 13 Civil Law Code, exclusive place of jurisdiction is Kassel.
10.3. Regarding data protection regulations, you are referred to the Privacy Statement for the Utilization of fino Services.
T&Cs for fino Account Information Services
Dated: 11 March 2020
1.1. To utilize the fino service, you can enter the online banking access data (e.g., user name and PIN) of your account- or deposit-holding payment service provider within the fino application or on the forwarded website of the account- or deposit-holding credit institution, using any common browser system, mobile app or desktop app. During the utilization of the fino service, you will be electronically connected with your selected account- or deposit-holding payment service provider or credit institution, and will be prompted to enter your access data exclusively by the afore-mentioned provider or institution. This connection takes place through the provision of an interface between your account- or deposit-holding payment service provider or credit institution and fino. Insofar any access data is deposited, this takes place in encrypted form. The authentication will be confirmed using a second factor specified by the bank (possession or inherence, e.g., mobile phone or fingerprint).
1.2. Caused by the utilization of the fino service, an analysis of your transaction history takes place. Your existing payment partners can thus be determined. fino points out that the transaction history can only be analysed to the extend the respective account- or deposit-holding credit institution transmits the data. fino does not guarantee that the account- or deposit-holding credit institution will continue supporting the application in future.
1.3. Depending on use, it is possible to implement this process with several accounts, and thus integrate several accounts into the fino service.
1.4. The account or deposit information service is usually completed after a few seconds. In exceptional cases, the process may take up to 5 minutes.
2 Object of performance
2.1. Secure login to your bank account
2.2. Retrieval of your account information (transaction history and metadata)
2.3. Transaction history analysis
2.4. Performance of added value services: Depending on use, various added value services may be performed. These are listed in the product descriptions and are, for instance:
Augmentation of raw data, for example through supplementing a payment partner's address data
Filtering of transactions
Display/transmission of required results
3 Complaints procedure and extrajudicial redress procedures for account or deposit information services
Complaint/dispute resolution procedures through BaFin (Federal Financial Supervisory Authority)
In case you would prefer to not complain directly to fino in regard to your rights and obligations (in accordance with sections 675c to 676c Civil Law Code or Article 248 of the Introductory Act to the Civil Law Code), you may lodge a complaint with the Federal Financial Supervisory Authority (BaFin). The complaint must be made in writing or declared for recording at the BaFin, specifying the subject matter as well as the grounds for appeal.
T&Cs for fino Payment Initiation Services
Dated: 3 July 2020
1.1. Regarding access to payment orders, section 675n Civil Law Code applies.
1.2. The payment initiation is usually completed after a few seconds. In exceptional cases, the maximum time of execution may take up to 5 minutes.
2 Object of performance
2.1. Secure login to your bank account
2.2. Execution of payment initiations
3 Protective and corrective measures for Payment Initiation Services
3.1. In case of suspected or actual fraud or in case of security risks, you will be notified either in writing by your service provider, via email by fino, or via in-app push notification.
3.2. In case of an unauthorized or an incorrectly executed payment procedure, you must notify your account- or deposit-holding payment service provider about the matter within 13 months after the day an unauthorized or incorrectly executed payment procedure has been debited at the latest.
3.3. In case of an unauthorized payment procedure, your account- or deposit-holding payment service provider does not hold any claim against you for reimbursement of his expenses. He is obliged to refund the payment amount without delay and, insofar a payment account was debited with the amount, to reinstate the balance of said payment account to what it would have been without the debiting of the unauthorized payment procedure. This obligation must be fulfilled without delay, but at the latest by the end of the business day following the day your account- or deposit-holding payment service provider was notified that the payment procedure had been unauthorized, or gained knowledge of this in another way.
3.4. In case of a payment order execution that has not been executed, or executed incorrectly or late, you may demand immediate reimbursement in full off your account-holding payment service provider. Should your account-holding payment service provider supply evidence that the payment amount was received in full and in time by the payee's payment service provider, this liability ceases. The entitlement does not exist, if the payment order was executed in accordance with customer identification incorrectly supplied by you. In such a case, though, you may demand your account-holding payment service provider to endeavour retrieving the payment amount insofar as his means allow. This matter is regulated in more detail in section 675y Civil Law Code.
3.5. Paragraph 3.4. does not apply where facts referred to in section 46 I Money Laundering Act in conjunction with section 43 Money Laundering Act exist.