These terms and conditions (the "Terms and Conditions") applicable to the Developer (as defined below), govern your access and/or use in Chile of the Fintoc API (as defined below) made available by Fintoc SpA, a joint stock company incorporated under the laws of the Republic of Chile ("Fintoc"). This Agreement constitutes a binding contract on Developer and shall govern your and your Agents' (as defined below) use of and access to the Services.
By agreeing to these Terms and Conditions, either by accessing or using Fintoc, or by authorizing or permitting any Agent or End User (as defined below) to access the Services provided by Fintoc. You agree to comply with and abide by these Terms and Conditions and to cause these Terms and Conditions to be complied with by your Agents.
By accepting these Terms and Conditions, you agree and acknowledge that:
(i) These Terms and Conditions constitute a valid and binding agreement enforceable against both parties in accordance with the provisions set out below;
(ii) The execution, delivery or enforcement of these Terms and Conditions does not and will not violate the terms and conditions of any other agreement to which it is a party, or by which it is otherwise bound, or any applicable law or regulation;
(iii) Fintoc is not responsible for the functioning of the website of the bank to which you have access, any failure or intermittency in the service of the bank will not be attributable to Fintoc.
(iv) Fintoc has no involvement in the storage and processing of End User Banking Information that may be carried out by the Developer; and
(v) Fintoc is not responsible for the manner in which Developer stores and manages End Users' Banking Information.
If you do not accept these Terms and Conditions, you will not be able to access the services provided by Fintoc.
SECOND: General aspects.
Fintoc has developed and owns the intellectual, moral and patrimonial property rights over the Fintoc API, whose objective is to provide infrastructure for Developers who need to connect their Application with the Bank Accounts of their End Users. The Fintoc API is the channel through which the Developers will be able to obtain the End User's Banking and Personal Information regarding the Bank Accounts Authorized by the End User, thus, the Developer will be able to have access to all the bank movements made in such Bank Account. Likewise, the Developer may use the Fintoc API in order for the End User to make bank transfers and/or contract automatic payment of accounts ("PAC"), for which the End User's authorization and the delivery of the Second Factor will be required.
THIRD: Access to services.
3.2 Access Account. Once the Registration is completed, Fintoc will grant the Developer an Account which can be accessed with the password set by the Developer. The Account is personal, unique and non-transferable, and it is expressly forbidden for the same Developer to register more than once or to have more than one Account. The Developer will be exclusively responsible for the care and good use of his Account, as well as for keeping his passwords protected. Fintoc reserves the right to request any additional proof and/or data in order to corroborate the information indicated in the Registration and to suspend, temporarily and/or definitively, the Developer whose data could not be confirmed within the time indicated by Fintoc.
3.3 Access Fee. Access will be free of charge for the Developer if it links up to five natural person Bank Accounts of End Users. In case the Developer requires to link a higher number of natural person Bank Accounts, or requires to link legal person Bank Accounts for its Application, it must subscribe a License Agreement with Fintoc in which the scope of the specific service required by the Developer (such as the number of End User Bank Accounts and update frequency) and the value of such services will be determined. To obtain a quote and coordinate the subscription of such contract, please contact Fintoc at firstname.lastname@example.org.
3.4 Technical Support: Fintoc will provide Technical Support services to ensure the proper and normal operation of the Fintoc API. These services may be provided by Fintoc's technicians and professionals in person or remotely. To solve the problems that the Fintoc API may present, the Developer may communicate with Fintoc through the intercom of its web page, by email and in the case of the Developers that have a valid License Agreement, they may communicate by telephone. Developer may contact Fintoc from 8:00 a.m. to 7 p.m. unless the problem is of such magnitude that it renders Developer's Application inoperative.
3.5 Operation of the bank's website: Fintoc and the financial institution that is being accessed through the Fintoc API are independent entities, therefore, Fintoc cannot ensure that the bank's website is constantly and fully operational. Fintoc is not responsible for failures or intermittencies in the functioning of the bank's website, nor for the lack of update in the Banking Information delivered to the Developer if it comes from a problem of the bank's website.
FOURTH: Use of services.
4.2 Security. Developer shall be responsible for maintaining the security of its Fintoc dashboard username and password and shall maintain strict confidentiality regarding Fintoc API authentication credentials. Developer shall immediately notify Fintoc in the event of any breach of security of its Account or if it notices any unauthorized use of its Account that may allow third parties to access End Users' Banking Information.
4.3 Termination of Account. Developer may terminate the Account at any time without cause. Terminating the Account will delete all information provided by the Developer for the Registration such as full name, email address, and all other information provided. The Developer shall be fully responsible for the information obtained using the Fintoc Services and for the use of this information after the termination of the contract with Fintoc. Notwithstanding the foregoing, if Developer terminates the Account it shall be obligated to delete all Banking and Personal Information of End Users obtained through the Fintoc API.
4.4 Blocking or deletion of the Account. Fintoc reserves the right to block or delete the Developer's Account if:
a) Performs actions that may be perceived as fraudulent.
b) Attempts to manipulate End Users' data.
c) Attempts or succeeds in introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the API Fintoc.
d) Attempts or succeeds in acts of decompilation, reverse engineering, modification, disclosure or provision of the Fintoc API.
We will take reasonable steps to notify the Developer in the event that your Account is blocked or deleted. However, if in Fintoc's judgment, and if the seriousness of the breach so requires, we may block and delete the Account without prior notice. Fintoc shall not be liable for damages of any nature whatsoever suffered by the Developer or third parties for the exercise of the rights granted to Fintoc in these Terms and Conditions.
FIFTH: Developer's Obligations.
By accessing and using the Fintoc API, the Developer agrees and undertakes to:
SIXTH: Obligations of Fintoc.
a) Provide the Service to the Developer, free of charge in case the Developer links up to five Bank Accounts of natural persons, or in a paid manner, as indicated in the License Agreement, in case the Developer requires a higher number of Bank Accounts of natural persons or requires to link Bank Accounts of legal persons (companies). For which it will deliver, in this act, to the Developers that use the Fintoc API for free, a limited, non-exclusive, non-transferable, non-sub-licensable and revocable license of use of the Fintoc API; and
b) Fintoc shall ensure that the Service is available to End Users and shall facilitate the connection of the Developer with the financial institution previously authorized by the End User.
SEVENTH: Independence of service providers.
It is important to note that API Fintoc is a program through which Developers can access End User's Banking Information and, in this sense, Fintoc is an intermediary between the banking institution, the End Users and the Developers, therefore, the diligence and regulatory compliance in the provision of the service offered by each Developer in its own Application is not Fintoc's responsibility to any extent. Fintoc is not responsible for the use given to the information collected through the Fintoc API, nor is it responsible for the compliance with the current regulations regarding the protection of personal data, and in general is not responsible for the conditions in which the Developer provides its own services.
Fintoc may grant access to the End User's Banking Information only to the extent that the End User has authorized the provision of such information.
EIGHTH: Intellectual and industrial property rights.
The ownership, property rights and intellectual and industrial property rights over the Fintoc API and the Fintoc brand belong to Fintoc. The program is protected by Law 17.336 on Intellectual Property and unauthorized use of it may be punishable by law.
Use of the Fintoc API and acceptance of these Terms and Conditions does not imply any transfer of any title or ownership of the software, and the License Agreement authorizing use of the software shall not be construed as a sale of any rights in the software beyond the use and functionality detailed in the License Agreement itself.
The Developer agrees not to remove or alter any copyright, trademark, registered trademark or other proprietary notices from copies of the software. Fintoc reserves all rights not granted in these Terms and Conditions and in the License Agreement, where one exists.
NINTH: Data protection and privacy policies.
At any time, the Developer and the End User may request the deletion of their Registration and personal data in accordance with Law Nº 19.628 on the Protection of Private Life.
The logical and technical functionality of the Fintoc API, including the design of windows and screens, program functionalities, documentation, operation methodology, communication protocols, and any other descriptive information of the software to which only the Developer has access, will be treated as strictly confidential and may not be disclosed to third parties without the prior written consent of Fintoc.
This confidentiality obligation includes the following exceptions:
(a) The cases in which there is a legal obligation to inform by requirement of a competent authority. In this case, the obligated party shall immediately and in writing communicate such circumstance to the other party, so that the latter may take the measures and actions it deems appropriate to protect its interests. It is agreed that in the aforementioned event, the confidential information received may be disclosed, only in that part that is strictly necessary (being obliged that the rest of the confidential information that has not been requested, is not disclosed and is kept confidential);
(b) When it is necessary to disclose information to professionals and/or consultants. The professionals and/or consultants may not share the disclosed information with third parties without the express authorization of the party that disclosed the confidential information; or
(c) where the information in question was already known to the party concerned at the time such information was disclosed to it, or is information which was already public or known to the general public, provided that such knowledge is not due to a breach of this Article by a party.
Fintoc may amend these Terms and Conditions without prior notice, in which case the new Terms and Conditions will supersede the previous versions. Fintoc may construe your continued use of the Services after the effective date of such amendment as your consent to any such amendment. Our failure to insist upon compliance with any provision of the Terms and Conditions, at any time, does not constitute a waiver of that provision or any other provision of the Terms and Conditions.
TWELFTH: Principle of preservation of the legal act.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable, such provision may be modified by the court and interpreted as nearly as possible so as to enforce the original provision to the fullest extent permitted by law. The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions of these Terms and Conditions.
Fintoc may make notifications to the Developer through a general notification on the dashboard of the Fintoc website, through a message, by telephone or to the email address indicated by the Developer in its Account.
The Developer may notify Fintoc through a telephone number (in case of a valid License agreement), a message sent through the intercom on Fintoc's website or through an email to the following address: email@example.com.
FOURTEENTH: Applicable Law.
The present Terms and Conditions, as well as the relationship between Fintoc, the Developers and the End Users, will be governed and interpreted according to the legislation in force in the Republic of Chile.
For all legal purposes, the Developer and Fintoc establish their domicile in the commune and city of Santiago de Chile, and extend jurisdiction to its ordinary courts of justice.