Welcome to Dapi (the “DAPI”). The owner and operator of the DAPI is DAPI Ltd, a private limited company by shares registered in the United Arab Emirates (“UAE”) under license number 000003122, with its office located at 14-101, WeWork, 14th Floor, Al Khatem Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates (“we”, “our” or “us”).
These end user terms of use (“Terms of Use”) and all policies and additional terms (if applicable) posted on (www.dapi.co) (our “Site”) set out the terms on which we offer you access to and use of our Site, services and tools as further described in clauses 2.1 to 2.14 (collectively, the “Services”). You can find all of our policies and additional terms here (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.
By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. You acknowledge that:
If you do not agree to the Terms of Use and the Legal Documents, you must not use or access our Services. You may withdraw or vary your consent for us to provide our Services to you at any time.
References in these Terms of Use to “you” or “End User” (or similar) are references to you as an individual or legal entity as the case may be.
You acknowledge that the products and services provided to you through a third-party application are governed by a separate agreement between you and the provider of that application.
You acknowledge and understand that DAPI’s Services are not provided by, in partnership or under contract with the banks and/or financial institutions to which we may connect you for the purposes of providing the Services.
We offer two financial APIs, a Data API and Payment API (both defined below), that let apps and others:
With respect to the Payment API, we will initiate payment wherever the End User has provided consent through the third-party application unless:
Our financial APIs have the following use cases, which include (without limitation):
We will not charge you for the use of our Services. However, third-party applications may charge you for products and services provided to you that make use of our Services.
You can use our Services to transmit information relating to payment accounts (“Account Information”) that you hold with an account servicing payment service provider (i.e. any payment service provider such as a bank or credit card issuer that maintains a payment account on your behalf) (“ASPSP”) to other service providers (the “Provider”), according to these Terms of Use.
Before receiving our Services, you will have instructed a third-party application through which you have accessed our Services to retrieve your Account Information. Following such instruction, you will generally be redirected to us.
Once you are redirected to us, we will ask you to select which ASPSP you would like us to access Account Information from. You may be redirected to your ASPSP’s website or mobile application in order to authenticate yourself so that your ASPSP knows that you consent to us accessing your Account Information.
In some circumstances, to use our Services, you will need to provide the same identifying information that you use to access the relevant payment accounts when you log in yourself (the “Credentials”).
Our Services will allow you to use your Credentials to retrieve such Account Information as you choose to transmit to the Provider.
Our Services may merge or aggregate Account Information retrieved from a particular ASPSP with Account Information retrieved from another ASPSP where you have instructed us to access and transmit such information.
You can use our Services to make online payments from an account you hold with an ASPSP.
Before receiving our Services, you will have instructed a third-party application through which you have accessed our Services to make an online payment. Following such instruction, you will generally be redirected to us.
Once you are redirected to us, you will be asked to review and confirm your payment and transaction details are correct.
Once you have confirmed those details, and provided your explicit consent for us to:
you will have to select the account you will use to initiate the payment from. You may be redirected to your ASPSP’s website or mobile application in order to authenticate yourself so that your ASPSP knows that you consent to such transaction.
Notwithstanding anything to the contrary in these Terms of Use, we reserve the right to introduce new services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
In order to use our Services, you may be required to register as a user on our Services and provide us with certain information.
You are eligible to register as a user of our Services if you meet the following eligibility criteria:
In order to register for the Services, you will need to provide us with certain information. Your registration for the Services may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We also reserve the right to undertake such checks as are necessary to verify your identity, as appropriate.
Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 10 of these Terms of Use.
Some of the Services may be available to you through a compatible desktop or mobile device, which may require Internet access and/or additional software to be installed. You acknowledge and agree that you are solely responsible for these technical requirements, including but not limited to:
You also acknowledge that we make no warranties or representations of any kind, express, statutory or implied, as to:
When using or accessing the Services, you agree that you, and any others acting on your behalf:
When using or accessing the Services, you agree that you, and any others acting on your behalf will not:
Except for the rights expressly granted under these Terms of Use:
For the avoidance of doubt, nothing in these Terms of Use shall operate to transfer ownership of any Intellectual Property Rights that belonged to you prior to when you start using our Services or are created by you separately from your use of our Services.
Subject to clause 6.3, we hereby grant you a personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to install and use our Services on any device (which shall include future updates made available to you from time to time provided you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to your compliance with these Terms of Use. You agree that access to the Service is personal to you, and no third party has any right to use it. We have the right to disable your access to our Services if in our sole opinion you have failed to comply with any of the provisions of these Terms of Use or Legal Documents.
You shall use the Services solely for the purposes that are permitted by and as contemplated by these Terms of Use. Without limiting any other provision of these Terms of Use, you agree that you shall not, either directly or indirectly:
You agree that you have no right to use any trademark we hold, or may hold in the future, without our prior written consent.
All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
In the event that any of our Intellectual Property Rights vest in you, you hereby assign (or shall use reasonable endeavours to assign or procure the assignment) to us all right, title and interest in and to such Intellectual Property Rights.
For the purposes of these Terms of Use, “Confidential Information” means our (or a Service user’s) non-public, confidential, secret or proprietary material and information that has been or may be, directly or indirectly, disclosed to you or which you come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into these Terms of Use and using our Services.
You will maintain the confidentiality of all Confidential Information we may provide you or which you receive as a result of your use of the Services and will not release, disclose, use, make available or copy any such Confidential Information without our prior written consent. You may disclose Confidential Information to employees, agents or subcontractors on a need-to-know basis only. You will take reasonable precautions to protect the confidentiality of such Confidential Information. Excluded from this obligation of confidentiality is Confidential Information which:
The obligations with respect to Confidential Information shall survive the termination of these Terms of Use.
You warrant, represent and undertake that:
Subject to clause 9.1, the Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
Nothing in these Terms of Use shall limit or exclude a party’s liability:
Subject to clause 9.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise, even if foreseeable, arising out of or in relation to these Terms of Use for loss of profits, sales, business or revenue, loss of data or information, loss of anticipated savings, loss of business opportunity, goodwill or reputation, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
Subject to clause 9.1, if clauses 9.2 or 9.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to [US$500].
You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees) arising out of or relating to:
Without prejudice to any of our rights and remedies and without any liability to you, we may terminate, limit, suspend or withdraw your access to the Services (effective immediately) and/or remove hosted content submitted by you if:
Upon expiry or termination, as the case may be, of these Terms of Use, you shall:
Our Services may include information and materials uploaded by other users of the Services. This information and these materials have not been verified or approved by us. The views expressed by other users of our Services do not represent our views or values.
We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us on the details in clause 12.12 and we will investigate.
We are not responsible for any complaints or disputes about products and/or services provided by any application or third party through which you accessed our Services. You should settle these complaints or disputes with the application provider or third party directly.
Governing Law: These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Abu Dhabi Global Market (the “ADGM”).
Dispute Resolution: If you have an issue with our Services, please contact us on the details in clause 12.12. We will endeavour to resolve your issue as soon as possible. You irrevocably agree that the ADGM courts shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with this Terms of Use.
Third Party Rights: A person who is not a party to these Terms of Use has no right to enforce any of its term.
Relationship of the Parties: Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
Further Assurances: The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.
Assignment: These Terms of Use will be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
Entire Agreement: These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
Amendment: These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.
Severability: If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including without limitation acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes, epidemics, pandemics).
No Waiver: Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
Communications: These Terms of Use are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us. You may contact us at the below details:
Survival: The following clauses, and provisions referred to by such clauses, shall survive the termination or expiry of these Terms of Use together with any other provisions which by their nature or are expressed to survive the expiry or termination or are intended or required to give effect to the expiration or termination of these Terms of Use: clauses 6 (Intellectual Property Rights), 7 (Confidential Information), 8 (Warranties, Representations and Undertakings), 9 (Liability and Indemnities), 10 (Suspension and Termination of your Membership), and 12 (General).
Professional Advice: Any information or data contained in or made available through the Services is provided for informational purposes only. Such information or data is not a substitute for the services of qualified professionals. We do not give professional advice and are not in the business of providing legal, financial, accounting, taxation or other professional services or advice. You should take independent financial or other advice from a qualified professional regarding any information or data contained in or made available through the Services.
Export Restrictions: The Services may be subject to the export control laws of, trading embargoes or other trading restrictions imposed by the United States, United Kingdom, European Union and/or the United Nations. You acknowledge that none of the Services may be downloaded or otherwise exported or re-exported, directly or indirectly into any countries that are subject to U.S., UK, EU, United Nations sanctions or other sanctions applicable to the export or re-export of goods and/or service.
Audit: We shall have the right to audit your compliance with these Terms of Use on giving fourteen (14) days’ written notice to you, unless such audit is required:
in which case such audits may be at any time and without restriction.
Our two financial APIs let fintech apps process the following types of information:
If you have any questions about this information or how it is used, please see our privacy policy which is available at here
Last updated: August 10, 2020
This Privacy Policy sets out the basis on which any personal data and other information we collect from you or other sources or that you provide to us (“Information”) will be processed by us in connection with your access and use of Dapi (“Site”), services made available to you on our Site (collectively, the “Services”). This Site is not intended for children and we do not knowingly collect data relating to children. We understand the importance you, as a user of our Site, place on the Information provided to us, and we are committed to protecting and respecting your privacy. Please read the following carefully to understand our practices regarding your Information. By using our Services, you agree to the handling of your Information in accordance with this Privacy Policy.
References in this Privacy Policy to “we”, “our” or “us” (or similar) are references to DAPI Ltd, a private limited company by shares registered in the United Arab Emirates (“UAE”) under license number 000003122, with its office located at 14-101, WeWork, 14th Floor, Al Khatem Tower, Abu Dhabi Global Market Square, Al Maryah Island, Abu Dhabi, United Arab Emirates. References to “user” or “you” (or similar) are references to you as an individual or legal entity as the case may be.
We may collect, use, store, transfer and process the following Information about you:
We may use Information held about you in the following ways:
Information about our customers is an important part of our business. We share customer information only as described below and with group companies that follow practices at least as protective as those described in this Privacy Policy:
We may collect, use, and share Information in an aggregated, de-identified, or anonymized manner for any purpose permitted under law. This includes creating or using aggregated, de-identified, or anonymized data based on the collected information to develop new services and to facilitate research.
Note that our Site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data or other information to these websites.
Some of the Information that we collect from you may be transferred to, and stored at, a destination outside of the UAE. It may also be processed by staff operating outside the UAE who work for us or an affiliated or partner business. Such staff may be engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services.
We take reasonable steps to ensure that your Information is treated securely and in accordance with this Privacy Policy.
We may, for example, use encryption technology to secure your Information during transmission to our Site as well as external firewall and on-host firewall technology to prevent network level attacks.
It is important for you to protect against unauthorised access to your password and to your devices used to access our Services. You are responsible for keeping your password confidential. For example, ensure that you sign off when you have finished using a shared device.
Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your Information, we cannot guarantee the security of your Information transmitted to our Site; any transmission is at your own risk.
You may be able to access a broad range of Information about your account and your interactions with the Site for the purpose of viewing and, in certain cases, updating that Information.
Examples of information you may be able to access at the Site include:
You can opt-out of receiving future marketing communications from us at any time by adjusting your customer communication preferences, or the unsubscribe link within the email communication.
Also our system will place cookies when you log on to our Site and this is to ensure you have an enjoyable user experience and are able to utilize all aspects of the Site. You may disable Cookies by changing the settings on your browser. If you disable Cookies, it will affect how our Site works and you may not be able to access or use certain areas of our Site or full functionality. For example, performance cookies collect information about how you use the Site, for instance, which pages you visit most often, which allows us to provide you with targeted and relevant choices that enhance your Site experience.
We may retain a copy of your Information for compliance reasons. When you update Information, we may retain a copy of the prior version for our records. It is important that your Information we hold about you is accurate and current. Please keep us informed if your Information changes during your relationship with us.
We will only retain your Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
Our business changes constantly, and our Privacy Policy may therefore also need to change. We will post the current version of this Privacy Policy on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date”.
We may e-mail periodic reminders of our notices and conditions, but you should check our Site frequently to see recent changes.
It is your obligation to regularly check the Privacy Policy. Your continued use of the Site following any such change constitutes your agreement to this Privacy Policy as so modified.
If you have any concerns about your Information on the Site, please contact us with a thorough description, and we will try to resolve it. Our customer service contact details are:
Last updated: August 10, 2020
These developer terms of use (“Terms of Use”) and all policies and additional terms (if applicable) posted on (www.dapi.co) (our “Site”) set out the terms on which we offer you access to and use of our Site, services and tools as further described in clauses 2.1 to 2.3 (collectively, the “Services”). These Terms of Use are subject to our commercial agreement with you. Save for our commercial agreement with you (if applicable), you can find our policies and additional terms here (“Legal Documents”). These Legal Documents are incorporated by reference into these Terms of Use.
If there is a conflict between these Terms of Use, our commercial agreement with you and any other document incorporated by reference into the Terms of Use, then such conflict shall be resolved by giving precedence to such different parts of these Terms of Use in the following order of precedence (unless agreed to otherwise by us and you in any document incorporated by reference):
By accessing, registering and/or continuing to use or access our Services, you are agreeing to be bound by these Terms of Use and the Legal Documents with immediate effect. You acknowledge that:
If you do not agree to the Terms of Use and the Legal Documents, you must not use or access our Services.
References in these Terms of Use to “you” or “Developer” (or similar) are references to you as an individual or legal entity as the case may be.
To the extent that you use additional services from time to time, you may have to agree to additional terms and conditions as notified to you prior to your access to, and use of, those additional services.
We offer two financial APIs, a Data API and Payment API (both defined below), that let apps and others:
With respect to the Payment API, we will initiate payment wherever the End User has provided consent through your Developer App unless:
Our financial APIs have the following use cases, which include (without limitation):
The information provided in the Developer Portal and our Site is intended for use by Developers only. We provide the Developer Portal for the purposes of facilitating testing of the Developer Apps to be used with our APIs. “Developer App” means a software application or component created by you to integrate with our APIs.
We will provide you with a testing facility, including support, for connection and functional testing of the APIs and the Developer App.
Notwithstanding anything to the contrary in these Terms of Use, we reserve the right to introduce new services and update or withdraw any of the Services, in our sole discretion, and we will not be liable to you for exercising this discretion.
In order to use our Services, you may be required to register as a user on our Services and provide us with certain information.
You are eligible to register as a user of our Services if you meet the following eligibility criteria for business entities:
In order to register for the Services, you will need to provide us with certain information. Your registration for the Services may not be accepted if you do not provide us with the required information. We reserve the right to decline any registration without further explanation. We also reserve the right to undertake such checks as are necessary to verify your identity, as appropriate.
Once you have successfully completed registration, your registration shall continue for an indefinite period, subject to suspension or termination in accordance with clause 11 of these Terms of Use.
Some of the Services may be available to you through a compatible desktop or mobile device, which may require Internet access and/or additional software to be installed. You acknowledge and agree that you are solely responsible for these technical requirements, including but not limited to:
You also acknowledge that we make no warranties or representations of any kind, express, statutory or implied, as to:
You also acknowledge that we make no warranties or representations of any kind, express, statutory or implied, as to:
When using or accessing the Services, you agree that you, your business, your employees, your service providers, and any others acting on your behalf:
You agree that your systems and application(s) must handle End User Data securely. With respect to End User Data, you agree that you, your business, your employees, your service providers, and any others acting on your behalf will follow Good Industry Practice (as defined below) and, at a minimum, must perform the following:
“Good Industry Practice” means the degree of skill, diligence, prudence and foresight which would ordinarily be expected to be observed by a skilled and experienced professional entity of international repute engaged in the same or similar type of undertaking as that of you under the same or similar circumstances.
When using or accessing the Services, you agree that you, your business, your employees, your service providers, and any others acting on your behalf will not:
Except for the rights expressly granted under these Terms of Use:
Subject to clause 6.3, we hereby grant you a personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to install and use our Services on any device (which shall include future updates made available to you from time to time provided you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to your compliance with these Terms of Use. You agree that access to the Service is personal to you, and no third party has any right to use it. We have the right to disable your access to our Services if in our sole opinion you have failed to comply with any of the provisions of these Terms of Use or Legal Documents.
shall use the Services solely for the purposes that are permitted by and as contemplated by these Terms of Use. Without limiting any other provision of these Terms of Use, you agree that you shall not, either directly or indirectly:
You agree that you have no right to use any trademark we hold, or may hold in the future, without our prior written consent.
All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.
In the event that any of our Intellectual Property Rights vest in you, you hereby assign (or shall use reasonable endeavours to assign or procure the assignment) to us all right, title and interest in and to such Intellectual Property Rights.
You represent and warrant that the Developer App and any part thereof including the title, description and content, does not infringe any rights of third parties.
For the purposes of these Terms of Use, “Confidential Information” means either party’s (or an End User’s) non-public, confidential, secret or proprietary material and information that has been or may be, directly or indirectly, disclosed to the other party or which the other party has come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into these Terms of Use and using the Services.
Each party will maintain the confidentiality of all Confidential Information a party may provide the other party or which you receive as a result of your use of the Services and each party will not release, disclose, use, make available or copy any such Confidential Information without the other party’s prior written consent. Each party may disclose Confidential Information to its employees, agents or subcontractors on a need-to-know basis only. Each party will take reasonable precautions to protect the confidentiality of such Confidential Information. Excluded from this obligation of confidentiality is Confidential Information which:
The obligations with respect to Confidential Information shall survive the termination of these Terms of Use.
In respect of any personal data processed as part of the usage of your Developer App (“End User Data”), you warrant and undertake that you:
You acknowledge that we may be required to comply with security standards imposed by banks, card schemes, regulators and payment processors, and, where applicable, you agree to comply and immediately implement any relevant security standards required by us and communicated to you from time to time.
You will treat any End User Data as highly confidential information. You shall:
You will be fully responsible for any authorized or unauthorized collection, storage, disclosure and use of, and access to, by any third party, any End User Data
You warrant, represent and undertake that:
We warrant, represent and undertake that:
Subject to clause 10.1, the Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all other warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.
Nothing in these Terms of Use shall limit or exclude a party’s liability:
Subject to clause 10.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise, even if foreseeable, arising out of or in relation to these Terms of Use for loss of profits, sales, business or revenue, loss of data or information, loss of anticipated savings, loss of business opportunity, goodwill or reputation, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.
In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:
Subject to clause 10.1, if clauses 10.2 or 10.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to US$500.
You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees) arising out of or relating to:
Without prejudice to any of our rights and remedies and without any liability to you, we may terminate, limit, suspend or withdraw your access to the Services (effective immediately) and/or remove hosted content submitted by you if:
Once you stop using the Services in accordance with any agreement you may have with us, you may terminate your account. We may also terminate your account if:
After such termination of an account, we may de-provision your access to all End User Data associated with your integration.
Upon expiry or termination, as the case may be, of these Terms of Use, you shall:
Our Services may include information and materials uploaded by other users of the Services. This information and these materials have not been verified or approved by us. The views expressed by other users of our Services do not represent our views or values.
We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us on the details in clause 13.12 and we will investigate.
We are not responsible for any complaints or disputes about products and/or services provided by any application or third party through which you accessed our Services. You should settle these complaints or disputes with the application provider or third party directly.
You shall notify us in writing within seven (7) days of any complaints you receive from End Users that relate to your use of the Services including with respect to any actual or alleged unauthorised transactions.
Governing Law: These Terms of Use and any non-contractual rights or obligations arising out of or in connection with it shall be governed by and construed in accordance with the laws of the Abu Dhabi Global Market (the “ADGM”).
Dispute Resolution: If you have an issue with our Services, please contact us on the details in clause 13.12. We will endeavour to resolve your issue as soon as possible. You irrevocably agree that the ADGM courts shall have exclusive jurisdiction to settle any disputes or claims arising out of or in connection with these Terms of Use, including any non-contractual rights or obligations arising out of or in connection with this Terms of Use.
Third Party Rights: A person who is not a party to these Terms of Use has no right to enforce any of its term.
Relationship of the Parties: Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.
Further Assurances: The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.
Assignment: These Terms of Use will be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.
Entire Agreement: These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.
Amendment: These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.
Severability: If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.
Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including without limitation acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes, epidemics, pandemics).
No Waiver: Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.
Communications: These Terms of Use are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us. You may contact us at the below details:
Survival: The following clauses, and provisions referred to by such clauses, shall survive the termination or expiry of these Terms of Use together with any other provisions which by their nature or are expressed to survive the expiry or termination or are intended or required to give effect to the expiration or termination of these Terms of Use: clauses 6 (Intellectual Property Rights), 7 (Confidential Information), 8 (Data Protection and Security) 9 (Warranties, Representations and Undertakings), 10 (Liability and Indemnities), 11 (Suspension and Termination of your Membership), and 13 (General).
Professional Advice: Any information or data contained in or made available through the Services is provided for informational purposes only. Such information or data is not a substitute for the services of qualified professionals. We do not give professional advice and are not in the business of providing legal, financial, accounting, taxation or other professional services or advice. You should take independent financial or other advice from a qualified professional regarding any information or data contained in or made available through the Services.
Export Restrictions: The Services may be subject to the export control laws of, trading embargoes or other trading restrictions imposed by the United States, United Kingdom, European Union and/or the United Nations. You acknowledge that none of the Services may be downloaded or otherwise exported or re-exported, directly or indirectly into any countries that are subject to U.S., UK, EU, United Nations sanctions or other sanctions applicable to the export or re-export of goods and/or service.
Audit: We shall have the right to audit your compliance with these Terms of Use on giving fourteen (14) days’ written notice to you, unless such audit is required:
in which case such audits may be at any time and without restriction.
Our two financial APIs let fintech apps process the following types of information:
If you have any questions about this information or how it is used, please see our privacy policy which is available at here