By accessing or using our APIs, SDK’s, webhooks or widgets (hereinafter Services or Service), you are agreeing to the terms below. If there is a conflict between these terms and terms applicable to a specific Service, those specific terms will take precedence for that conflict. Collectively, we refer to the terms below, any additional terms, terms within the accompanying documentation, and any applicable policies and guidelines as the "Terms." You agree to comply with the Terms and that the Terms control your relationship with us.
If you are using the Services on behalf of an entity, you represent and warrant that you have the legal authority to bind such entity to the Terms by accepting the Terms. To that end all references to ‘you’ shall refer to that entity.
In order to access certain Services we may require you to provide additional information as part of registration or KYC procedures. You warrant that all information provided to us shall be accurate and up-to-date. Additionally we may make access to certain Services conditional on your acceptance of product/service specific terms. Abidance to those additional terms shall be a prerequisite for continued access to those Services as the case may be.
Subject to these terms, we grant you a limited, revocable, non-assignable, non-exclusive, and non-sublicensable license to use the Services solely for their intended use. You agree that we or third parties own all legal right, title and interest in and to the Services, including any intellectual property that is incorporated in the Services. "Intellectual Property Rights" means any and all rights under patent law, copyright law, trade secret law, trademark law, and any and all other proprietary rights. You may not use the Services for any purpose not expressly permitted by the terms or accompanying documents. You agree that the form and nature of the Services we provide may change without prior notice to you, nonetheless we shall use reasonable efforts to inform you beforehand if such future versions of the Services may be incompatible with applications developed on previous versions of the Services.
The SDK, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, services, and all other elements of the SDK and related documentation, are protected by copyright, trade secret, patent, and trademark laws of Belgium or other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. As between you and us, all our materials, including intellectual property rights therein and thereto, are the sole and exclusive property of us or our subsidiaries or affiliated companies and/or its third-party licensors. You may not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or make any use of the materials except as expressly authorized hereunder. We reserves all rights not expressly granted in these terms. You do not acquire any right, title or interest to the materials, whether by implication, estoppel, or otherwise, except for the limited rights set forth in these terms.
We authorize you and/or your employees to use the SDK and accompanying documentation internally solely in connection with developing your own applications that interoperate with the Service ("Applications"); and incorporate unmodified libraries into your Application, solely for the purpose of enabling interoperability with the Service, solely in accordance with all applicable documentation and applicable terms, and subject to you obtaining and maintaining an API key from us, to distribute libraries so incorporated in your compliant Application to end users in executable form (except and solely to the extent that the libraries are written in a language that is traditionally delivered for runtime interpretation in source code form)
Use our platform to reproduce and display our widgets on any website or webpage controlled by you (a “Website”). For the avoidance of doubt, you may not make our widget available on any third party website or webpage not controlled by you. If you cannot prevent our widget from being displayed on a third party website or webpage without acceptance of these terms by the controller or owner of the third party site, then you may not incorporate our widget into your Website.
- Availability API
Unless stated otherwise in a specific SLA to an API, which shall take precedence over this stipulation, we will use reasonable efforts to make the API available for 95% on a monthly basis and during business hours (8h – 18h), excluding any planned downtime such as downtime for maintenance reasons, or downtime due to security risks and issues. Planned downtime will be communicated to you at least one week beforehand via e-mail or posting on our website.
When using the Services, you may not (i) sublicense a Service for use by a third party, consequently, you will not create an API that functions substantially the same as the Service and offer it for use by third parties; (ii) perform an action with the intent of introducing to KBC products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature; (iii) defame, abuse, harass, stalk, or threaten others; (iv) interfere with or disrupt the Services or the servers or networks providing the Services; (v) promote or facilitate (unlawful) online gambling or disruptive commercial messages, advertisements; or adult industry; (vi) reverse engineer or attempt to extract the source code from any of the Services or any related software, except to the extent that this restriction is expressly prohibited by applicable law; (v) remove, obscure, or alter any terms of service or any links to or notices of those terms.
We set and enforce limits to your use of the API’s, SDK’s and widgets, such as (but not limited to) limiting the number of API calls, limiting the number of users, any limitation shall be in our sole discretion. You will not attempt to circumvent such limitations, use of API’s, SDK’s or widgets beyond those limitations requires our previous and express consent.
You will comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the Services to encourage or promote illegal activity or violation of third party rights. We reserve the right to terminate any other agreement with you if you would violate the present Terms.
If you provide feedback to us, you transfer any and all intellectual property rights to such feedback. We may use such feedback in our sole discretion and without any obligation to you.
Any communication between us may contain confidential information of us. Such Confidential Information may include business proposals, business opportunities, strategies, client information, information specific to us, and may or may not be marked as confidential or with similar wording. When receiving such confidential information you will maintain and treat such information as confidential and will not disclose it to third parties without our prior consent. Confidential information does not include information that was independently developed by you without access or making use of the confidential information, or information that you rightfully received from a third party without an obligation of confidentiality, or that has become public through no fault of you. If required by law you may disclose confidential information provided you give us reasonable prior notice, if allowed to do so.
Privacy – only applicable in case of using Webhooks
You agree that you and KBC are each a controller for their own separate part of the processing of personal data within the context of this agreement. The Parties are not joint controllers and each Party is responsible for the processing of personal data it performs. Each party will adhere to the obligations imposed by the applicable data protection legislation, including but not limited to responding to data subjects exercising their data subject rights under GDPR. Each party will take appropriate technical and organizational measures to process personal data, as imposed by the applicable data protection legislation. Such measures must ensure that the level of security and confidentiality of the personal data is appropriate to the associated risks and the nature of the personal data.
To the extent reasonably necessary, the Parties will support each other and collaborate in good faith in order to comply with their obligations under the applicable data protection legislation.
You will receive personal data from us about events occurring in product applications of customers that you were involved in, for the sole purpose of providing you insight in the evolution of the application and allowing you to improve your contacts/engagement with the customer. You will not use the obtained personal data for any other purpose, and you will delete this personal once this personal data is no longer relevant. You agree to inform each specific customer/end user about you receiving information, prior to the approval of the customer that he wishes to apply for KBC products and services. You bear the responsibility that the customer is properly informed before he gives this approval.
- help and support us if our data processing activities are subject to inspection or monitoring by the competent supervisory authorities in the context of this cooperation. If the competent supervisory authorities address requests or instructions to you in this respect, you shall comply with them at your own expense;
- notify us immediately of any personal data breach of personal data made available to you under this agreement.
Brands, trademarks and publicity
Unless expressly stated otherwise these terms do not grant either party any right, title or interest in or to the other party’s brands, trademarks, logos, domain names or other distinctive signs or names. However you agree to include any and all brands, trademarks of logos of us in using the Services and as described in any documentation accompanying the Services. To that end we grant you a non-transferable, non-sublicensable, non-exclusive license for the duration of your use of the Services in conformity with the terms, notwithstanding the foregoing we reserve the right to revoke any and such licenses to our trademarks, brands and logos. Any use you make of our trademarks, brands and logos shall be in conformity with any use guidelines we may provide you. We may use your name, logos, trademarks and brands for referencing you as a client and including you in our clientele list, if any.
Except as expressly set out in the terms or any accompanying documentation we, or any of our affiliates, dismiss any implied warranties and make no specific warranties with respect to fit-for-purpose, adequacy or use of the Services. The Services are provided to you on an as-is basis, especially with regards to their ability to meet your needs. To the extent permitted by law we exclude all warranties, guarantees, conditions, representations and undertakings, not explicitly written in the terms or accompanying documentation.
To the extent permitted by law we, or any of our affiliates, are not responsible or liable for (but not limited to) lost profits, revenues, lost data, financial losses, special, consequential, or indirect damages. Our aggregate total liability for any claim under these terms, including for any implied warranties, is limited to the amount you paid to us to use the Services during the six (6) months immediately preceding the event giving rise to liability, or € 100,- (one hundred euros), whichever is the higher, the previous to the extent permitted by law.
To the maximum extent permitted by law, you agree to defend, indemnify and hold us harmless, including our affiliates and our respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney’s fees) arising out of or accruing from (a) your use of the Services, (b) any application you develop using the Services that infringes any copyright, trademark, trade secret, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy, and (c) any non-compliance by you with these terms.
At any time you may stop using the Services without prior notice. However if you wish to terminate the terms, you must provide us with prior written notice and respecting a notice period of 30 days. Upon termination you must cease all use of the Services and any brands, trademarks, logos you were required to use in accessing the Services. We reserve the right to suspend or terminate your use of the Services with immediate effect if you would breach any of the sections of the terms.
These terms constitute the entire agreement between you and us with respect to your use of the Services and supersede any prior agreements, whether oral or written, concerning the subject matter of these terms, except and then only to the extent that you have entered into a separate agreement (a written agreement between us signed by us and you governing your use of the Services).
We may revise these terms from time to time and the most current version will always be posted on our website, so please check it regularly. If a revision is material we will notify you (for example via email or posting on our website). By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must terminate the terms in accordance with the provisions on termination, stop using Services, and cease all operation, promotion, distribution, and support of all your products and services that rely on the Services.
We reserve the right to audit your applications and use of the Services to ensure it does not violate these terms and applicable policies. You agree that you will cooperate with inquiries related to such an audit and provide us with proof that your application and use of the Services complies with our terms and applicable policies.
Should for any reason, or to any extent, any provision of these terms be held invalid or unenforceable, such invalidity or enforceability shall not affect or render invalid or unenforceable the remaining provisions of these terms and that un-enforceable provision shall be replaced by a provision mirroring the economic backline of that provision as close as possible and legally permitted.
The failure or delay by us to exercise or enforce any right or provision of these terms or rights under applicable law shall not constitute a waiver of any such provisions or rights now or for the future.
You may not assign the terms without our prior written consent. Notwithstanding the foregoing we reserve the right subject to prior notice to you, to assign the terms wholly or partially to any affiliate.
Law & court
The terms shall be governed by and construed in accordance with the laws of Belgium, without reference to its conflicts-of-law-rules. Any dispute relating to it shall be brought before the courts of Brussels. At any time, parties may already apply to these or other courts having jurisdiction for any provisional (including protective) measures.
You acknowledges that the export, re-export or in-country transfer of the Services may be subject to laws and regulations promulgated by various governments, which restrict the export, re-export or in-country transfer of certain computer hardware, software media, technical data, and direct products of technical data. You agree to comply with all applicable export laws and regulations as in effect from time to time (including, without limitation, all record-keeping requirements imposed thereunder), and will not export, re-export, transfer or provide access to the Services in violation of such laws and regulations.
|Valid until 31/08/2021
|Link to file