General Terms And Conditions For Use Of A352 Services
9 Rue du Laboratoire
Register court: Luxembourg
Registration number: B243615
– hereinafter: “A352” – –
§ 1 Preamble
A352 provides, among other things, financial technology services in various versions as well as document management services. A352 itself is not a licensed financial institution but is utilizing for the use case of account information services and payment initiation services, Salt Edge limited as a licensed TPP (https://www.saltedge.com/pages/dashboard_privacy_policy , https://www.saltedge.com/pages/dashboard_terms_of_service).
§ 2 General and special terms and conditions
2.1 The General Terms and Conditions (GTC) consist of the present “General Terms and Conditions for the use of A352 Services.
2.2 All components of the General Terms and Conditions of Business shall become an integral part of the General Terms and Conditions of the A352’s Business. They shall apply to the products used as an equivalent supplement to the contract on the General Terms and Conditions.
2.3 In the event of contradictory provisions of the individual contract components, the following order of priority shall apply:
(a) GTC for individual, explicitly named A352 Services
(b) General Terms and Conditions for the use of A352 Services (https://www.saltedge.com/pages/dashboard_terms_of_service)
(c) GTC for account information services provided by Salt Edge Limited (https://www.saltedge.com/pages/dashboard_privacy_policy)
(d) GTC for payment initiation services provided by Salt Edge Limited (https://www.saltedge.com/pages/dashboard_privacy_policy)
3.1 Only legal entities or other commercial customers are permitted to use the service. Consumers in the sense of private individuals are not entitled to use any of the service of A352.
3.2 There is no entitlement to use the A352 Service. A352 expressly reserves the right to refuse the conclusion of a license agreement without giving reasons, especially due to incorrect information. This also applies if there is doubt about your identity or if the General Terms and Conditions are violated in any other way.
3.3 The license agreement between you and A352 is concluded as soon as you have agreed to A352’s terms and conditions and start using the Service or activate the order by clicking the confirmation button.
3.4 You are obliged to provide only truthful information about yourself or your company and to keep your data always up to date.
3.5 Individual service components can be extended or removed from the application by A352.
§ 4 Fees
4.1 The use of the A352 service is free within the trial period, which is granted once per legal entity. The length of the trial period is determined by the information published on the registration page. After the trial period, a monthly fee has to be paid based on our pricing chart, which is valid at the point in time of the subscription has been made.
4.2 Paragraph 4.1 does not apply, unless otherwise agreed in special terms and conditions. You will be informed separately about any charges before the contract is concluded.
4.3 The User may only set off claims of A352 against claims of A352 with uncontradicted or legally binding claims.
4.4 All prices are including the statutory value added tax of currently 17% in Luxembourg. All payments must be made in advance. If the user is a consumer, the tax rate of the country, the user resides in at the point of sign up, applies.
§ 5 Liability of A352
A352 is not liable for damages, in particular loss of data, or damage to software or hardware or financial losses resulting from its services, unless these are based on gross negligence or intentional misconduct of A352, its agents or legal representatives. For damages to health, body or life as well as claims for damages resulting from the product liability law, A352 is liable without limitation. Likewise, A352 is liable for the violation of obligations which are of particular importance for the achievement of the purpose of the contract (cardinal obligations), whereby liability is limited to the amount of typically foreseeable damage.
5.2 Liability in case of force majeure
A352 is not liable for damages caused by disruption of operations (e.g. bomb threat or server failure), in particular as a result of force majeure (e.g. war and natural disasters) as well as other incidents for which A352 is not responsible (e.g. strike, lockout, traffic disruption, failure of communication networks or gateways of other operators, as well as disruptions in the area of other telecommunication or service providers), or which are caused by orders of domestic or foreign authorities.
5.3 Server system
A352 maintains a constantly monitored server system for its applications via its provider. If the system is running properly, you can access the areas designated for you at any time. In case of a system failure, which is neither based on intentional nor grossly negligent behavior on the part of A352 or its vicarious agents, you are not entitled to any claims for withdrawal, reduction, or damages.
§ 6 General duties of cooperation and due diligence of the user
(a) You agree to use the A352 Service only for the intended purpose.
(b) Notices from A352 will be sent to you by e-mail or, in case of app use, as well as by push message. A message is considered received when it has been received under normal circumstances on the server where your electronic mailbox is hosted and you could have become aware of it under regular circumstances.
6.2 You undertake to follow the help and instructions provided within the application and to observe the recommendations for action.
§ 7 Communication
7.1 Information is transmitted via the Internet using common browser systems and/or within a mobile application.
7.2 As a consumer (noncommercial or non corporate user), you can request the transmission of these contractual terms and conditions on another permanent data carrier (for example, download) or in paper form at any time during the term of the contract.
§ 8 Permanent and unique A352 Services
8.1 Permanent A352 Services
Permanent A352 Services, which are not only provided once, are made available for a certain period of time, so that a renewed access with the same data stock is possible. It is also possible to create an account. After effective conclusion, the contract is concluded for an indefinite period of time. Further terms and notice periods of the booked usage models can result from individual contractual regulations.
(a) You may terminate the license agreement with A352 or delete your account within the application at any time. The deletion of the Account by you shall at the same time result in the termination of the license agreement between you and A352, subject to any agreed contract periods. Once you have confirmed the deletion within the application, there is regularly no possibility to reactivate your account or to restore data.
(b) In case of permanent A352 Services, changes to these contract terms will be offered to you for acceptance at least six weeks before they become effective. Your acceptance of an amendment to these Terms of Service shall be deemed to have been given if you have not indicated your rejection before the proposed date of entry into force of the amendment.
(c) A352 has the right to unilaterally amend these General Terms and Conditions as well as special terms and conditions and any further agreements to the General Terms and Conditions as far as this is necessary to eliminate subsequently arising disturbances or to adapt to changed legal or technical conditions.
(d) A352 reserves the right to discontinue the provision of permanent A352 Services without further notice and with reasonable lead time.
§ 9 Complaints, disputes and applicable law
9.1 Any complaint concerning the subscribed services may be addressed by mail to A352 9 Rue du Laboratoire, L-1911 Luxembourg or by e-mail to email@example.com.
9.2 The contract should be governed by the laws of Luxembourg.
9.3 The Parties undertake to submit any dispute relating to the Contract exclusively to the courts of the judicial district of Luxembourg. In the event that the User has his registered office or his domicile outside Luxembourg, A352 may, however, act before the territorial jurisdiction of the registered office or domicile of the User. If the User is a consumer resident outside of Luxembourg, this clause shall not preclude him from being able to apply to the courts of his country of residence or to invoke the provisions of the national law of his place of residence.
9.4 Regarding the data protection regulations, please refer to the data protection declarations for the use of the A352 Service.
Luxembourg, April 7, 2021
GENERAL TERMS AND CONDITIONS OF THE FINANCIAL NAVIGATOR
§ 1 Subject matter of performance
The A352 service consists in particular of the following service components:
1.1. Account information service according to the General Terms and Conditions for
Account Information Services.
1.2 Individual saving tips and recommendations.
1.3. Liquidity analysis of the business account and of the complete corporate Group.
1.4 Adding additional third-party accounts, for automatic reconciliation of contracts
across multiple bank accounts.
1.5 Connection to financial accounting.
§ 2 Fees
2.1 The Financial Navigator is free for the trial period. The length of the trial
period is determined by the information published on the registration page.
2.2 After the trial period, the paid usage package selected during registration or
in the user account will be valid.
2.3 All prices are including the statutory value added tax of currently 17% in
Luxembourg. All payments must be made in advance. If the user is a consumer,
the tax rate of the country, the user resides in at the point of sign up,
2.4 The Member may only offset claims of the Provider against claims of the
Provider with uncontradicted or legally binding claims.
§ 3 Termination of contractual relationship
3.1 Paid service packages can be cancelled by both parties in writing or online. If
a fee-based service package is not terminated, the contract will be extended by
the minimum contract period of the service package. Cancellation periods can be
found in the package description in the user account.
3.2 If the Customer is in arrears with the payment of a fee due for a service
package, or if the account shows a negative balance (due to a chargeback), the
Provider is entitled to block access to the Customer Area. If the Customer is
more than three months in arrears, the Provider is also entitled to delete the
Customer’s account for all related data.
Only legal entities or other commercial customers are permitted to use the service. Consumers in the sense of private individuals are not entitled to use any of the service of A352.
Luxembourg, April 7, 2021