End User Terms of Service: Data Services
LAST UPDATED ON: 7 JUNE 2024
This page contains important information about our terms of service for Finverse Data Services. By using our data services, you agree to be bound by the terms and conditions outlined herein. If you have any questions or concerns, please reach out to us at legal@finverse.com.
Introduction
These terms of service govern your use and access to our services, including our website(s), our application programming interfaces (APIs), the Finverse Link user interface, and any information or content appearing therein (collectively our “Platform”).
Data Services: Our Platform enables you to easily share data from an account you hold at a financial institution (your “Financial Institution”) to a party you have designated (the “Recipient”). This can help you, through services provided by the Recipient, to do things like open new accounts, apply for credit, monitor your finances, transfer money or make payments, among others. The Recipient uses Finverse to access your data in easy-to-use digital formats, which helps it deliver its own services to you.
These terms
These terms of service are an agreement between you and Finverse Technologies Limited (“Finverse”, “we, “our” or “us”). By using our Platform to access Finverse’s services, you agree to these terms.
If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity, and represent that you have the necessary authority to do so.
Please note that these terms do not apply to the services we provide to developers who use Finverse’s APIs. Those services are covered by our Developer Terms of Use and other terms.
How we use your data
You should also read our End User Privacy Policy, which sets out how we collect and use your personal information.
Our data services
Our data services operate solely to facilitate your sharing of data from an account you hold at your Financial Institution (your “Connected Account”) to the Recipient. We are not and do not represent ourselves to be a credit rating, credit scoring or credit decisioning agency as defined by the applicable laws in the jurisdictions where we are duly incorporated or operating.
By providing us with the details of your Connected Account you consent and authorize us, in a voluntary and informed manner, to access your Connected Account and transfer or otherwise share data from your Connected Account to the Recipient.
Fees
We will not directly charge you any fee for the provision of our services to you.
We will charge a fee to the Recipient for each Connected Account connected through our Platform. These fees are negotiated contractually with the Recipient and may not be disclosed to you.
Your Financial Institution and the Recipient may each assess fees for Connected Accounts connected through our Platform. We are not responsible for these fees, or their disclosure to you. These fees may include digital banking service fees or other data service fees.
Acknowledgement
By agreeing to these terms, you acknowledge that:
The information you share with us, including but not limited to information from your Connected Account, is being shared directly by you to us, and not by your Financial Institution;
Our services shall not have the nature of credit rating, credit scoring or credit decisioning, nor involve creating or providing any credit information products on the basis of information provided by your Financial Institution; and
Our services may include transferring your personal information across international borders, for processing, storage or other purposes related to the use of our services, as detailed in our End User Privacy Policy.
Third parties
Finverse is not responsible for any services provided by third parties or the acts or omissions of any third-party providers, including but not limited to any Recipient, Financial Institution or any other third party involved in processing data from your Connected Account.
We do not guarantee that the services provided by the Recipient will be free of interruption, data loss, security failures or any other errors, and will not be responsible for any such errors by the Recipient. The decision to use any of the services provided by the Recipient, and to share data from your Connected Account to the Recipient, remains yours.
Your use of any of the services provided by the Recipient or by your Financial Institution, and these providers’ handling of your data, is governed by separate terms between you and the applicable providers. We assume no responsibility and bear no liability for any consequences resulting from your interactions with the Recipient or your Financial Institution, and any associated disputes which may arise between you and the Recipient or your Financial Institution. In particular:
The Recipient is solely responsible for safeguarding the data it receives from your Connected Account. We assume no responsibility and bear no liability for any data breach by a Recipient of data associated with any Connected Accounts connected through our Platform.
Your Financial Institution is responsible for ensuring that access attempts to your Connected Accounts are properly authenticated and authorized, including by verifying the authenticity and validity of access requests. We assume no responsibility and bear no liability for any misuse of your Connected Account by any parties, including through our Platform. You should immediately notify your Financial Institution if you believe your Connected Account has been misused, including if you believe there has been any unauthorized transaction from your Connected Account.
We do not guarantee that your Connected Account or services provided by the Recipient will remain available or compatible with our Platform.
Use of the platform
You represent and warrant that you have all necessary rights to access your Connected Account and to share its data to the Recipient through our Platform in accordance with your Acknowledgement above.
When using or accessing our Platform, you agree to comply with all applicable laws and regulations, including privacy laws, as well as any rules and guidelines that we post.
You agree not to misuse our Platform or help anyone else to do so. In particular, you agree not to do any of the following in connection with our Platform:
Use or access anyone else’s Connected Account or related data without their explicit consent;
Submit information about anyone else’s identity or Connected Account or that violates any third-party rights;
Use our Platform for any unlawful, fraudulent or misleading purpose;
Modify, reverse engineer or seek to gain unauthorized access to our Platform or related systems, data or source code;
Bypass or circumvent measures designed to prevent or limit access to any part of our Platform, including by circumventing any security or authentication measures or service use limits;
Rent, lease, provide access to or sublicense any elements of our Platform to a third party, or use our Platform on behalf of or to provide services to third parties;
Re-sell or distribute for commercial benefit any data, content or information available on our Platform;
Access our Platform for competitive purposes or publish any benchmark or performance information about our Platform, or
Use our Platform in any manner that could damage, disable, overburden, or impair the functioning of our Platform or interfere with, disrupt or negatively affect other users.
We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your access if we believe you are in breach of these terms or are misusing our Platform or any services we provide. In such cases, we also reserve the right to contact your Financial Institution, the Recipient, law enforcement or relevant regulators about your actions; and to take legal action against you in the jurisdiction(s) in which we operate.
We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
Availability of our services
We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
We may release products, services, functionalities or features that we are still testing and evaluating. We may label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
Our intellectual property rights
All intellectual property rights subsisting in our Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
You must not copy, modify or create derivative works of our Platform, or remove any of our proprietary notices.
Our name “Finverse” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
Feedback
We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
Limitation of liabilities
Some countries or jurisdictions may not allow the following disclaimers, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our directors, employees or partners) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
We provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your use of our Platform is at your own risk;
We give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
We expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
We do not guarantee that use of the Platform will be uninterrupted or error-free, that any of the information you find on the Platform will be accurate, complete or up-to-date, or that we will maintain any data without loss; and
We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
To the fullest extent permitted by law, we (including our directors, employees or partners) are not liable to you or others for:
Any indirect, incidental, special, exemplary, consequential or punitive damages of any kind; or
Any lost profits, loss of use, lost or inaccurate data, failure of security mechanisms, financial losses, or loss of reputation,
relating to the use of our Platform or any products or services we offer.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, our liabilities (including those of our directors, employees or partners) to you are limited, in aggregate, to the greater of (i) the amount you have paid us (if any) for the use of our Platform, and (ii) US$50.
Indemnity
You agree to indemnify and hold us (including our directors, employees or partners) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
You also agree to fully cooperate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
Governing law and dispute resolution
These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute or claim arising out of or in connection with this Agreement or its subject matter (including non-contractual disputes or claims) shall first be referred to mediation at the Hong Kong International Arbitration Centre (HKIAC) in accordance with its then current mediation rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC in accordance with its domestic arbitration rules.
Termination
These terms will continue to apply until terminated by either you or us as follows.
You may stop using the Platform any time by unlinking your Connected Account through the Recipient (if available).
We reserve the right to suspend or terminate your access to our Platform at any time in our discretion, with or without notice and for any or no reason, including if we believe you have violated these terms. We will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies we may have. Except for your right to use the Platform, these terms will survive any termination.
Where we consider necessary or appropriate, we will report any breach of these terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
Other important terms
Any delay we make in enforcing these terms does not waive our rights to enforce them later.
We may transfer our rights and obligations under these terms to another organization, including in connection with a merger, sale or other change of control.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court of competent jurisdiction finds part of these terms to be unenforceable for any reason, the remaining provisions will remain in full force.
These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
No one other than you or us have any right to enforce these terms under any applicable law.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
Changes of terms
We may modify these terms from time to time by posting the updated terms on our Platform. By continuing to use our Platform and our services after the changes come into effect, you agree to be bound by the revised policy. If you do not agree to the changes, your sole remedy is to cease using the Platform.
Languages
In case of discrepancies between the English and other language versions of this policy, the English version shall prevail.
Contact us
If you have any questions or problems relating to our Platform, please contact us at support@finverse.com.
If you have any questions about these terms, please contact us at legal@finverse.com or by mail at:
Finverse Technologies Limited
Attn: Legal
Rm 2004-06, Strand 50
50 Bonham Strand, Sheung Wan
Hong Kong
Introduction
These terms of service govern your use and access to our services, including our website(s), our application programming interfaces (APIs), the Finverse Link user interface, and any information or content appearing therein (collectively our “Platform”).
Data Services: Our Platform enables you to easily share data from an account you hold at a financial institution (your “Financial Institution”) to a party you have designated (the “Recipient”). This can help you, through services provided by the Recipient, to do things like open new accounts, apply for credit, monitor your finances, transfer money or make payments, among others. The Recipient uses Finverse to access your data in easy-to-use digital formats, which helps it deliver its own services to you.
These terms
These terms of service are an agreement between you and Finverse Technologies Limited (“Finverse”, “we, “our” or “us”). By using our Platform to access Finverse’s services, you agree to these terms.
If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity, and represent that you have the necessary authority to do so.
Please note that these terms do not apply to the services we provide to developers who use Finverse’s APIs. Those services are covered by our Developer Terms of Use and other terms.
How we use your data
You should also read our End User Privacy Policy, which sets out how we collect and use your personal information.
Our data services
Our data services operate solely to facilitate your sharing of data from an account you hold at your Financial Institution (your “Connected Account”) to the Recipient. We are not and do not represent ourselves to be a credit rating, credit scoring or credit decisioning agency as defined by the applicable laws in the jurisdictions where we are duly incorporated or operating.
By providing us with the details of your Connected Account you consent and authorize us, in a voluntary and informed manner, to access your Connected Account and transfer or otherwise share data from your Connected Account to the Recipient.
Fees
We will not directly charge you any fee for the provision of our services to you.
We will charge a fee to the Recipient for each Connected Account connected through our Platform. These fees are negotiated contractually with the Recipient and may not be disclosed to you.
Your Financial Institution and the Recipient may each assess fees for Connected Accounts connected through our Platform. We are not responsible for these fees, or their disclosure to you. These fees may include digital banking service fees or other data service fees.
Acknowledgement
By agreeing to these terms, you acknowledge that:
The information you share with us, including but not limited to information from your Connected Account, is being shared directly by you to us, and not by your Financial Institution;
Our services shall not have the nature of credit rating, credit scoring or credit decisioning, nor involve creating or providing any credit information products on the basis of information provided by your Financial Institution; and
Our services may include transferring your personal information across international borders, for processing, storage or other purposes related to the use of our services, as detailed in our End User Privacy Policy.
Third parties
Finverse is not responsible for any services provided by third parties or the acts or omissions of any third-party providers, including but not limited to any Recipient, Financial Institution or any other third party involved in processing data from your Connected Account.
We do not guarantee that the services provided by the Recipient will be free of interruption, data loss, security failures or any other errors, and will not be responsible for any such errors by the Recipient. The decision to use any of the services provided by the Recipient, and to share data from your Connected Account to the Recipient, remains yours.
Your use of any of the services provided by the Recipient or by your Financial Institution, and these providers’ handling of your data, is governed by separate terms between you and the applicable providers. We assume no responsibility and bear no liability for any consequences resulting from your interactions with the Recipient or your Financial Institution, and any associated disputes which may arise between you and the Recipient or your Financial Institution. In particular:
The Recipient is solely responsible for safeguarding the data it receives from your Connected Account. We assume no responsibility and bear no liability for any data breach by a Recipient of data associated with any Connected Accounts connected through our Platform.
Your Financial Institution is responsible for ensuring that access attempts to your Connected Accounts are properly authenticated and authorized, including by verifying the authenticity and validity of access requests. We assume no responsibility and bear no liability for any misuse of your Connected Account by any parties, including through our Platform. You should immediately notify your Financial Institution if you believe your Connected Account has been misused, including if you believe there has been any unauthorized transaction from your Connected Account.
We do not guarantee that your Connected Account or services provided by the Recipient will remain available or compatible with our Platform.
Use of the platform
You represent and warrant that you have all necessary rights to access your Connected Account and to share its data to the Recipient through our Platform in accordance with your Acknowledgement above.
When using or accessing our Platform, you agree to comply with all applicable laws and regulations, including privacy laws, as well as any rules and guidelines that we post.
You agree not to misuse our Platform or help anyone else to do so. In particular, you agree not to do any of the following in connection with our Platform:
Use or access anyone else’s Connected Account or related data without their explicit consent;
Submit information about anyone else’s identity or Connected Account or that violates any third-party rights;
Use our Platform for any unlawful, fraudulent or misleading purpose;
Modify, reverse engineer or seek to gain unauthorized access to our Platform or related systems, data or source code;
Bypass or circumvent measures designed to prevent or limit access to any part of our Platform, including by circumventing any security or authentication measures or service use limits;
Rent, lease, provide access to or sublicense any elements of our Platform to a third party, or use our Platform on behalf of or to provide services to third parties;
Re-sell or distribute for commercial benefit any data, content or information available on our Platform;
Access our Platform for competitive purposes or publish any benchmark or performance information about our Platform, or
Use our Platform in any manner that could damage, disable, overburden, or impair the functioning of our Platform or interfere with, disrupt or negatively affect other users.
We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your access if we believe you are in breach of these terms or are misusing our Platform or any services we provide. In such cases, we also reserve the right to contact your Financial Institution, the Recipient, law enforcement or relevant regulators about your actions; and to take legal action against you in the jurisdiction(s) in which we operate.
We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
Availability of our services
We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
We may release products, services, functionalities or features that we are still testing and evaluating. We may label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
Our intellectual property rights
All intellectual property rights subsisting in our Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
You must not copy, modify or create derivative works of our Platform, or remove any of our proprietary notices.
Our name “Finverse” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
Feedback
We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
Limitation of liabilities
Some countries or jurisdictions may not allow the following disclaimers, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our directors, employees or partners) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
We provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your use of our Platform is at your own risk;
We give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
We expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
We do not guarantee that use of the Platform will be uninterrupted or error-free, that any of the information you find on the Platform will be accurate, complete or up-to-date, or that we will maintain any data without loss; and
We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
To the fullest extent permitted by law, we (including our directors, employees or partners) are not liable to you or others for:
Any indirect, incidental, special, exemplary, consequential or punitive damages of any kind; or
Any lost profits, loss of use, lost or inaccurate data, failure of security mechanisms, financial losses, or loss of reputation,
relating to the use of our Platform or any products or services we offer.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, our liabilities (including those of our directors, employees or partners) to you are limited, in aggregate, to the greater of (i) the amount you have paid us (if any) for the use of our Platform, and (ii) US$50.
Indemnity
You agree to indemnify and hold us (including our directors, employees or partners) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
You also agree to fully cooperate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
Governing law and dispute resolution
These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute or claim arising out of or in connection with this Agreement or its subject matter (including non-contractual disputes or claims) shall first be referred to mediation at the Hong Kong International Arbitration Centre (HKIAC) in accordance with its then current mediation rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC in accordance with its domestic arbitration rules.
Termination
These terms will continue to apply until terminated by either you or us as follows.
You may stop using the Platform any time by unlinking your Connected Account through the Recipient (if available).
We reserve the right to suspend or terminate your access to our Platform at any time in our discretion, with or without notice and for any or no reason, including if we believe you have violated these terms. We will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies we may have. Except for your right to use the Platform, these terms will survive any termination.
Where we consider necessary or appropriate, we will report any breach of these terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
Other important terms
Any delay we make in enforcing these terms does not waive our rights to enforce them later.
We may transfer our rights and obligations under these terms to another organization, including in connection with a merger, sale or other change of control.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court of competent jurisdiction finds part of these terms to be unenforceable for any reason, the remaining provisions will remain in full force.
These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
No one other than you or us have any right to enforce these terms under any applicable law.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
Changes of terms
We may modify these terms from time to time by posting the updated terms on our Platform. By continuing to use our Platform and our services after the changes come into effect, you agree to be bound by the revised policy. If you do not agree to the changes, your sole remedy is to cease using the Platform.
Languages
In case of discrepancies between the English and other language versions of this policy, the English version shall prevail.
Contact us
If you have any questions or problems relating to our Platform, please contact us at support@finverse.com.
If you have any questions about these terms, please contact us at legal@finverse.com or by mail at:
Finverse Technologies Limited
Attn: Legal
Rm 2004-06, Strand 50
50 Bonham Strand, Sheung Wan
Hong Kong
Introduction
These terms of service govern your use and access to our services, including our website(s), our application programming interfaces (APIs), the Finverse Link user interface, and any information or content appearing therein (collectively our “Platform”).
Data Services: Our Platform enables you to easily share data from an account you hold at a financial institution (your “Financial Institution”) to a party you have designated (the “Recipient”). This can help you, through services provided by the Recipient, to do things like open new accounts, apply for credit, monitor your finances, transfer money or make payments, among others. The Recipient uses Finverse to access your data in easy-to-use digital formats, which helps it deliver its own services to you.
These terms
These terms of service are an agreement between you and Finverse Technologies Limited (“Finverse”, “we, “our” or “us”). By using our Platform to access Finverse’s services, you agree to these terms.
If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity, and represent that you have the necessary authority to do so.
Please note that these terms do not apply to the services we provide to developers who use Finverse’s APIs. Those services are covered by our Developer Terms of Use and other terms.
How we use your data
You should also read our End User Privacy Policy, which sets out how we collect and use your personal information.
Our data services
Our data services operate solely to facilitate your sharing of data from an account you hold at your Financial Institution (your “Connected Account”) to the Recipient. We are not and do not represent ourselves to be a credit rating, credit scoring or credit decisioning agency as defined by the applicable laws in the jurisdictions where we are duly incorporated or operating.
By providing us with the details of your Connected Account you consent and authorize us, in a voluntary and informed manner, to access your Connected Account and transfer or otherwise share data from your Connected Account to the Recipient.
Fees
We will not directly charge you any fee for the provision of our services to you.
We will charge a fee to the Recipient for each Connected Account connected through our Platform. These fees are negotiated contractually with the Recipient and may not be disclosed to you.
Your Financial Institution and the Recipient may each assess fees for Connected Accounts connected through our Platform. We are not responsible for these fees, or their disclosure to you. These fees may include digital banking service fees or other data service fees.
Acknowledgement
By agreeing to these terms, you acknowledge that:
The information you share with us, including but not limited to information from your Connected Account, is being shared directly by you to us, and not by your Financial Institution;
Our services shall not have the nature of credit rating, credit scoring or credit decisioning, nor involve creating or providing any credit information products on the basis of information provided by your Financial Institution; and
Our services may include transferring your personal information across international borders, for processing, storage or other purposes related to the use of our services, as detailed in our End User Privacy Policy.
Third parties
Finverse is not responsible for any services provided by third parties or the acts or omissions of any third-party providers, including but not limited to any Recipient, Financial Institution or any other third party involved in processing data from your Connected Account.
We do not guarantee that the services provided by the Recipient will be free of interruption, data loss, security failures or any other errors, and will not be responsible for any such errors by the Recipient. The decision to use any of the services provided by the Recipient, and to share data from your Connected Account to the Recipient, remains yours.
Your use of any of the services provided by the Recipient or by your Financial Institution, and these providers’ handling of your data, is governed by separate terms between you and the applicable providers. We assume no responsibility and bear no liability for any consequences resulting from your interactions with the Recipient or your Financial Institution, and any associated disputes which may arise between you and the Recipient or your Financial Institution. In particular:
The Recipient is solely responsible for safeguarding the data it receives from your Connected Account. We assume no responsibility and bear no liability for any data breach by a Recipient of data associated with any Connected Accounts connected through our Platform.
Your Financial Institution is responsible for ensuring that access attempts to your Connected Accounts are properly authenticated and authorized, including by verifying the authenticity and validity of access requests. We assume no responsibility and bear no liability for any misuse of your Connected Account by any parties, including through our Platform. You should immediately notify your Financial Institution if you believe your Connected Account has been misused, including if you believe there has been any unauthorized transaction from your Connected Account.
We do not guarantee that your Connected Account or services provided by the Recipient will remain available or compatible with our Platform.
Use of the platform
You represent and warrant that you have all necessary rights to access your Connected Account and to share its data to the Recipient through our Platform in accordance with your Acknowledgement above.
When using or accessing our Platform, you agree to comply with all applicable laws and regulations, including privacy laws, as well as any rules and guidelines that we post.
You agree not to misuse our Platform or help anyone else to do so. In particular, you agree not to do any of the following in connection with our Platform:
Use or access anyone else’s Connected Account or related data without their explicit consent;
Submit information about anyone else’s identity or Connected Account or that violates any third-party rights;
Use our Platform for any unlawful, fraudulent or misleading purpose;
Modify, reverse engineer or seek to gain unauthorized access to our Platform or related systems, data or source code;
Bypass or circumvent measures designed to prevent or limit access to any part of our Platform, including by circumventing any security or authentication measures or service use limits;
Rent, lease, provide access to or sublicense any elements of our Platform to a third party, or use our Platform on behalf of or to provide services to third parties;
Re-sell or distribute for commercial benefit any data, content or information available on our Platform;
Access our Platform for competitive purposes or publish any benchmark or performance information about our Platform, or
Use our Platform in any manner that could damage, disable, overburden, or impair the functioning of our Platform or interfere with, disrupt or negatively affect other users.
We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your access if we believe you are in breach of these terms or are misusing our Platform or any services we provide. In such cases, we also reserve the right to contact your Financial Institution, the Recipient, law enforcement or relevant regulators about your actions; and to take legal action against you in the jurisdiction(s) in which we operate.
We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
Availability of our services
We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
We may release products, services, functionalities or features that we are still testing and evaluating. We may label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
Our intellectual property rights
All intellectual property rights subsisting in our Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
You must not copy, modify or create derivative works of our Platform, or remove any of our proprietary notices.
Our name “Finverse” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
Feedback
We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
Limitation of liabilities
Some countries or jurisdictions may not allow the following disclaimers, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our directors, employees or partners) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
We provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your use of our Platform is at your own risk;
We give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
We expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
We do not guarantee that use of the Platform will be uninterrupted or error-free, that any of the information you find on the Platform will be accurate, complete or up-to-date, or that we will maintain any data without loss; and
We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
To the fullest extent permitted by law, we (including our directors, employees or partners) are not liable to you or others for:
Any indirect, incidental, special, exemplary, consequential or punitive damages of any kind; or
Any lost profits, loss of use, lost or inaccurate data, failure of security mechanisms, financial losses, or loss of reputation,
relating to the use of our Platform or any products or services we offer.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, our liabilities (including those of our directors, employees or partners) to you are limited, in aggregate, to the greater of (i) the amount you have paid us (if any) for the use of our Platform, and (ii) US$50.
Indemnity
You agree to indemnify and hold us (including our directors, employees or partners) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
You also agree to fully cooperate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
Governing law and dispute resolution
These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute or claim arising out of or in connection with this Agreement or its subject matter (including non-contractual disputes or claims) shall first be referred to mediation at the Hong Kong International Arbitration Centre (HKIAC) in accordance with its then current mediation rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC in accordance with its domestic arbitration rules.
Termination
These terms will continue to apply until terminated by either you or us as follows.
You may stop using the Platform any time by unlinking your Connected Account through the Recipient (if available).
We reserve the right to suspend or terminate your access to our Platform at any time in our discretion, with or without notice and for any or no reason, including if we believe you have violated these terms. We will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies we may have. Except for your right to use the Platform, these terms will survive any termination.
Where we consider necessary or appropriate, we will report any breach of these terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
Other important terms
Any delay we make in enforcing these terms does not waive our rights to enforce them later.
We may transfer our rights and obligations under these terms to another organization, including in connection with a merger, sale or other change of control.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court of competent jurisdiction finds part of these terms to be unenforceable for any reason, the remaining provisions will remain in full force.
These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
No one other than you or us have any right to enforce these terms under any applicable law.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
Changes of terms
We may modify these terms from time to time by posting the updated terms on our Platform. By continuing to use our Platform and our services after the changes come into effect, you agree to be bound by the revised policy. If you do not agree to the changes, your sole remedy is to cease using the Platform.
Languages
In case of discrepancies between the English and other language versions of this policy, the English version shall prevail.
Contact us
If you have any questions or problems relating to our Platform, please contact us at support@finverse.com.
If you have any questions about these terms, please contact us at legal@finverse.com or by mail at:
Finverse Technologies Limited
Attn: Legal
Rm 2004-06, Strand 50
50 Bonham Strand, Sheung Wan
Hong Kong
Introduction
These terms of service govern your use and access to our services, including our website(s), our application programming interfaces (APIs), the Finverse Link user interface, and any information or content appearing therein (collectively our “Platform”).
Data Services: Our Platform enables you to easily share data from an account you hold at a financial institution (your “Financial Institution”) to a party you have designated (the “Recipient”). This can help you, through services provided by the Recipient, to do things like open new accounts, apply for credit, monitor your finances, transfer money or make payments, among others. The Recipient uses Finverse to access your data in easy-to-use digital formats, which helps it deliver its own services to you.
These terms
These terms of service are an agreement between you and Finverse Technologies Limited (“Finverse”, “we, “our” or “us”). By using our Platform to access Finverse’s services, you agree to these terms.
If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity, and represent that you have the necessary authority to do so.
Please note that these terms do not apply to the services we provide to developers who use Finverse’s APIs. Those services are covered by our Developer Terms of Use and other terms.
How we use your data
You should also read our End User Privacy Policy, which sets out how we collect and use your personal information.
Our data services
Our data services operate solely to facilitate your sharing of data from an account you hold at your Financial Institution (your “Connected Account”) to the Recipient. We are not and do not represent ourselves to be a credit rating, credit scoring or credit decisioning agency as defined by the applicable laws in the jurisdictions where we are duly incorporated or operating.
By providing us with the details of your Connected Account you consent and authorize us, in a voluntary and informed manner, to access your Connected Account and transfer or otherwise share data from your Connected Account to the Recipient.
Fees
We will not directly charge you any fee for the provision of our services to you.
We will charge a fee to the Recipient for each Connected Account connected through our Platform. These fees are negotiated contractually with the Recipient and may not be disclosed to you.
Your Financial Institution and the Recipient may each assess fees for Connected Accounts connected through our Platform. We are not responsible for these fees, or their disclosure to you. These fees may include digital banking service fees or other data service fees.
Acknowledgement
By agreeing to these terms, you acknowledge that:
The information you share with us, including but not limited to information from your Connected Account, is being shared directly by you to us, and not by your Financial Institution;
Our services shall not have the nature of credit rating, credit scoring or credit decisioning, nor involve creating or providing any credit information products on the basis of information provided by your Financial Institution; and
Our services may include transferring your personal information across international borders, for processing, storage or other purposes related to the use of our services, as detailed in our End User Privacy Policy.
Third parties
Finverse is not responsible for any services provided by third parties or the acts or omissions of any third-party providers, including but not limited to any Recipient, Financial Institution or any other third party involved in processing data from your Connected Account.
We do not guarantee that the services provided by the Recipient will be free of interruption, data loss, security failures or any other errors, and will not be responsible for any such errors by the Recipient. The decision to use any of the services provided by the Recipient, and to share data from your Connected Account to the Recipient, remains yours.
Your use of any of the services provided by the Recipient or by your Financial Institution, and these providers’ handling of your data, is governed by separate terms between you and the applicable providers. We assume no responsibility and bear no liability for any consequences resulting from your interactions with the Recipient or your Financial Institution, and any associated disputes which may arise between you and the Recipient or your Financial Institution. In particular:
The Recipient is solely responsible for safeguarding the data it receives from your Connected Account. We assume no responsibility and bear no liability for any data breach by a Recipient of data associated with any Connected Accounts connected through our Platform.
Your Financial Institution is responsible for ensuring that access attempts to your Connected Accounts are properly authenticated and authorized, including by verifying the authenticity and validity of access requests. We assume no responsibility and bear no liability for any misuse of your Connected Account by any parties, including through our Platform. You should immediately notify your Financial Institution if you believe your Connected Account has been misused, including if you believe there has been any unauthorized transaction from your Connected Account.
We do not guarantee that your Connected Account or services provided by the Recipient will remain available or compatible with our Platform.
Use of the platform
You represent and warrant that you have all necessary rights to access your Connected Account and to share its data to the Recipient through our Platform in accordance with your Acknowledgement above.
When using or accessing our Platform, you agree to comply with all applicable laws and regulations, including privacy laws, as well as any rules and guidelines that we post.
You agree not to misuse our Platform or help anyone else to do so. In particular, you agree not to do any of the following in connection with our Platform:
Use or access anyone else’s Connected Account or related data without their explicit consent;
Submit information about anyone else’s identity or Connected Account or that violates any third-party rights;
Use our Platform for any unlawful, fraudulent or misleading purpose;
Modify, reverse engineer or seek to gain unauthorized access to our Platform or related systems, data or source code;
Bypass or circumvent measures designed to prevent or limit access to any part of our Platform, including by circumventing any security or authentication measures or service use limits;
Rent, lease, provide access to or sublicense any elements of our Platform to a third party, or use our Platform on behalf of or to provide services to third parties;
Re-sell or distribute for commercial benefit any data, content or information available on our Platform;
Access our Platform for competitive purposes or publish any benchmark or performance information about our Platform, or
Use our Platform in any manner that could damage, disable, overburden, or impair the functioning of our Platform or interfere with, disrupt or negatively affect other users.
We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your access if we believe you are in breach of these terms or are misusing our Platform or any services we provide. In such cases, we also reserve the right to contact your Financial Institution, the Recipient, law enforcement or relevant regulators about your actions; and to take legal action against you in the jurisdiction(s) in which we operate.
We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
Availability of our services
We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
We may release products, services, functionalities or features that we are still testing and evaluating. We may label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
Our intellectual property rights
All intellectual property rights subsisting in our Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
You must not copy, modify or create derivative works of our Platform, or remove any of our proprietary notices.
Our name “Finverse” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
Feedback
We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
Limitation of liabilities
Some countries or jurisdictions may not allow the following disclaimers, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our directors, employees or partners) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
We provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your use of our Platform is at your own risk;
We give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
We expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
We do not guarantee that use of the Platform will be uninterrupted or error-free, that any of the information you find on the Platform will be accurate, complete or up-to-date, or that we will maintain any data without loss; and
We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
To the fullest extent permitted by law, we (including our directors, employees or partners) are not liable to you or others for:
Any indirect, incidental, special, exemplary, consequential or punitive damages of any kind; or
Any lost profits, loss of use, lost or inaccurate data, failure of security mechanisms, financial losses, or loss of reputation,
relating to the use of our Platform or any products or services we offer.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, our liabilities (including those of our directors, employees or partners) to you are limited, in aggregate, to the greater of (i) the amount you have paid us (if any) for the use of our Platform, and (ii) US$50.
Indemnity
You agree to indemnify and hold us (including our directors, employees or partners) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
You also agree to fully cooperate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
Governing law and dispute resolution
These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute or claim arising out of or in connection with this Agreement or its subject matter (including non-contractual disputes or claims) shall first be referred to mediation at the Hong Kong International Arbitration Centre (HKIAC) in accordance with its then current mediation rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC in accordance with its domestic arbitration rules.
Termination
These terms will continue to apply until terminated by either you or us as follows.
You may stop using the Platform any time by unlinking your Connected Account through the Recipient (if available).
We reserve the right to suspend or terminate your access to our Platform at any time in our discretion, with or without notice and for any or no reason, including if we believe you have violated these terms. We will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies we may have. Except for your right to use the Platform, these terms will survive any termination.
Where we consider necessary or appropriate, we will report any breach of these terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
Other important terms
Any delay we make in enforcing these terms does not waive our rights to enforce them later.
We may transfer our rights and obligations under these terms to another organization, including in connection with a merger, sale or other change of control.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court of competent jurisdiction finds part of these terms to be unenforceable for any reason, the remaining provisions will remain in full force.
These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
No one other than you or us have any right to enforce these terms under any applicable law.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
Changes of terms
We may modify these terms from time to time by posting the updated terms on our Platform. By continuing to use our Platform and our services after the changes come into effect, you agree to be bound by the revised policy. If you do not agree to the changes, your sole remedy is to cease using the Platform.
Languages
In case of discrepancies between the English and other language versions of this policy, the English version shall prevail.
Contact us
If you have any questions or problems relating to our Platform, please contact us at support@finverse.com.
If you have any questions about these terms, please contact us at legal@finverse.com or by mail at:
Finverse Technologies Limited
Attn: Legal
Rm 2004-06, Strand 50
50 Bonham Strand, Sheung Wan
Hong Kong
Introduction
These terms of service govern your use and access to our services, including our website(s), our application programming interfaces (APIs), the Finverse Link user interface, and any information or content appearing therein (collectively our “Platform”).
Data Services: Our Platform enables you to easily share data from an account you hold at a financial institution (your “Financial Institution”) to a party you have designated (the “Recipient”). This can help you, through services provided by the Recipient, to do things like open new accounts, apply for credit, monitor your finances, transfer money or make payments, among others. The Recipient uses Finverse to access your data in easy-to-use digital formats, which helps it deliver its own services to you.
These terms
These terms of service are an agreement between you and Finverse Technologies Limited (“Finverse”, “we, “our” or “us”). By using our Platform to access Finverse’s services, you agree to these terms.
If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity, and represent that you have the necessary authority to do so.
Please note that these terms do not apply to the services we provide to developers who use Finverse’s APIs. Those services are covered by our Developer Terms of Use and other terms.
How we use your data
You should also read our End User Privacy Policy, which sets out how we collect and use your personal information.
Our data services
Our data services operate solely to facilitate your sharing of data from an account you hold at your Financial Institution (your “Connected Account”) to the Recipient. We are not and do not represent ourselves to be a credit rating, credit scoring or credit decisioning agency as defined by the applicable laws in the jurisdictions where we are duly incorporated or operating.
By providing us with the details of your Connected Account you consent and authorize us, in a voluntary and informed manner, to access your Connected Account and transfer or otherwise share data from your Connected Account to the Recipient.
Fees
We will not directly charge you any fee for the provision of our services to you.
We will charge a fee to the Recipient for each Connected Account connected through our Platform. These fees are negotiated contractually with the Recipient and may not be disclosed to you.
Your Financial Institution and the Recipient may each assess fees for Connected Accounts connected through our Platform. We are not responsible for these fees, or their disclosure to you. These fees may include digital banking service fees or other data service fees.
Acknowledgement
By agreeing to these terms, you acknowledge that:
The information you share with us, including but not limited to information from your Connected Account, is being shared directly by you to us, and not by your Financial Institution;
Our services shall not have the nature of credit rating, credit scoring or credit decisioning, nor involve creating or providing any credit information products on the basis of information provided by your Financial Institution; and
Our services may include transferring your personal information across international borders, for processing, storage or other purposes related to the use of our services, as detailed in our End User Privacy Policy.
Third parties
Finverse is not responsible for any services provided by third parties or the acts or omissions of any third-party providers, including but not limited to any Recipient, Financial Institution or any other third party involved in processing data from your Connected Account.
We do not guarantee that the services provided by the Recipient will be free of interruption, data loss, security failures or any other errors, and will not be responsible for any such errors by the Recipient. The decision to use any of the services provided by the Recipient, and to share data from your Connected Account to the Recipient, remains yours.
Your use of any of the services provided by the Recipient or by your Financial Institution, and these providers’ handling of your data, is governed by separate terms between you and the applicable providers. We assume no responsibility and bear no liability for any consequences resulting from your interactions with the Recipient or your Financial Institution, and any associated disputes which may arise between you and the Recipient or your Financial Institution. In particular:
The Recipient is solely responsible for safeguarding the data it receives from your Connected Account. We assume no responsibility and bear no liability for any data breach by a Recipient of data associated with any Connected Accounts connected through our Platform.
Your Financial Institution is responsible for ensuring that access attempts to your Connected Accounts are properly authenticated and authorized, including by verifying the authenticity and validity of access requests. We assume no responsibility and bear no liability for any misuse of your Connected Account by any parties, including through our Platform. You should immediately notify your Financial Institution if you believe your Connected Account has been misused, including if you believe there has been any unauthorized transaction from your Connected Account.
We do not guarantee that your Connected Account or services provided by the Recipient will remain available or compatible with our Platform.
Use of the platform
You represent and warrant that you have all necessary rights to access your Connected Account and to share its data to the Recipient through our Platform in accordance with your Acknowledgement above.
When using or accessing our Platform, you agree to comply with all applicable laws and regulations, including privacy laws, as well as any rules and guidelines that we post.
You agree not to misuse our Platform or help anyone else to do so. In particular, you agree not to do any of the following in connection with our Platform:
Use or access anyone else’s Connected Account or related data without their explicit consent;
Submit information about anyone else’s identity or Connected Account or that violates any third-party rights;
Use our Platform for any unlawful, fraudulent or misleading purpose;
Modify, reverse engineer or seek to gain unauthorized access to our Platform or related systems, data or source code;
Bypass or circumvent measures designed to prevent or limit access to any part of our Platform, including by circumventing any security or authentication measures or service use limits;
Rent, lease, provide access to or sublicense any elements of our Platform to a third party, or use our Platform on behalf of or to provide services to third parties;
Re-sell or distribute for commercial benefit any data, content or information available on our Platform;
Access our Platform for competitive purposes or publish any benchmark or performance information about our Platform, or
Use our Platform in any manner that could damage, disable, overburden, or impair the functioning of our Platform or interfere with, disrupt or negatively affect other users.
We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your access if we believe you are in breach of these terms or are misusing our Platform or any services we provide. In such cases, we also reserve the right to contact your Financial Institution, the Recipient, law enforcement or relevant regulators about your actions; and to take legal action against you in the jurisdiction(s) in which we operate.
We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
Availability of our services
We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
We may release products, services, functionalities or features that we are still testing and evaluating. We may label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
Our intellectual property rights
All intellectual property rights subsisting in our Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
You must not copy, modify or create derivative works of our Platform, or remove any of our proprietary notices.
Our name “Finverse” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
Feedback
We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
Limitation of liabilities
Some countries or jurisdictions may not allow the following disclaimers, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our directors, employees or partners) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
We provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your use of our Platform is at your own risk;
We give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
We expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
We do not guarantee that use of the Platform will be uninterrupted or error-free, that any of the information you find on the Platform will be accurate, complete or up-to-date, or that we will maintain any data without loss; and
We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
To the fullest extent permitted by law, we (including our directors, employees or partners) are not liable to you or others for:
Any indirect, incidental, special, exemplary, consequential or punitive damages of any kind; or
Any lost profits, loss of use, lost or inaccurate data, failure of security mechanisms, financial losses, or loss of reputation,
relating to the use of our Platform or any products or services we offer.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, our liabilities (including those of our directors, employees or partners) to you are limited, in aggregate, to the greater of (i) the amount you have paid us (if any) for the use of our Platform, and (ii) US$50.
Indemnity
You agree to indemnify and hold us (including our directors, employees or partners) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
You also agree to fully cooperate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
Governing law and dispute resolution
These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute or claim arising out of or in connection with this Agreement or its subject matter (including non-contractual disputes or claims) shall first be referred to mediation at the Hong Kong International Arbitration Centre (HKIAC) in accordance with its then current mediation rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC in accordance with its domestic arbitration rules.
Termination
These terms will continue to apply until terminated by either you or us as follows.
You may stop using the Platform any time by unlinking your Connected Account through the Recipient (if available).
We reserve the right to suspend or terminate your access to our Platform at any time in our discretion, with or without notice and for any or no reason, including if we believe you have violated these terms. We will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies we may have. Except for your right to use the Platform, these terms will survive any termination.
Where we consider necessary or appropriate, we will report any breach of these terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
Other important terms
Any delay we make in enforcing these terms does not waive our rights to enforce them later.
We may transfer our rights and obligations under these terms to another organization, including in connection with a merger, sale or other change of control.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court of competent jurisdiction finds part of these terms to be unenforceable for any reason, the remaining provisions will remain in full force.
These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
No one other than you or us have any right to enforce these terms under any applicable law.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
Changes of terms
We may modify these terms from time to time by posting the updated terms on our Platform. By continuing to use our Platform and our services after the changes come into effect, you agree to be bound by the revised policy. If you do not agree to the changes, your sole remedy is to cease using the Platform.
Languages
In case of discrepancies between the English and other language versions of this policy, the English version shall prevail.
Contact us
If you have any questions or problems relating to our Platform, please contact us at support@finverse.com.
If you have any questions about these terms, please contact us at legal@finverse.com or by mail at:
Finverse Technologies Limited
Attn: Legal
Rm 2004-06, Strand 50
50 Bonham Strand, Sheung Wan
Hong Kong
Introduction
These terms of service govern your use and access to our services, including our website(s), our application programming interfaces (APIs), the Finverse Link user interface, and any information or content appearing therein (collectively our “Platform”).
Data Services: Our Platform enables you to easily share data from an account you hold at a financial institution (your “Financial Institution”) to a party you have designated (the “Recipient”). This can help you, through services provided by the Recipient, to do things like open new accounts, apply for credit, monitor your finances, transfer money or make payments, among others. The Recipient uses Finverse to access your data in easy-to-use digital formats, which helps it deliver its own services to you.
These terms
These terms of service are an agreement between you and Finverse Technologies Limited (“Finverse”, “we, “our” or “us”). By using our Platform to access Finverse’s services, you agree to these terms.
If you are using our Platform as a representative of an entity, you are agreeing to these terms on behalf of that entity, and represent that you have the necessary authority to do so.
Please note that these terms do not apply to the services we provide to developers who use Finverse’s APIs. Those services are covered by our Developer Terms of Use and other terms.
How we use your data
You should also read our End User Privacy Policy, which sets out how we collect and use your personal information.
Our data services
Our data services operate solely to facilitate your sharing of data from an account you hold at your Financial Institution (your “Connected Account”) to the Recipient. We are not and do not represent ourselves to be a credit rating, credit scoring or credit decisioning agency as defined by the applicable laws in the jurisdictions where we are duly incorporated or operating.
By providing us with the details of your Connected Account you consent and authorize us, in a voluntary and informed manner, to access your Connected Account and transfer or otherwise share data from your Connected Account to the Recipient.
Fees
We will not directly charge you any fee for the provision of our services to you.
We will charge a fee to the Recipient for each Connected Account connected through our Platform. These fees are negotiated contractually with the Recipient and may not be disclosed to you.
Your Financial Institution and the Recipient may each assess fees for Connected Accounts connected through our Platform. We are not responsible for these fees, or their disclosure to you. These fees may include digital banking service fees or other data service fees.
Acknowledgement
By agreeing to these terms, you acknowledge that:
The information you share with us, including but not limited to information from your Connected Account, is being shared directly by you to us, and not by your Financial Institution;
Our services shall not have the nature of credit rating, credit scoring or credit decisioning, nor involve creating or providing any credit information products on the basis of information provided by your Financial Institution; and
Our services may include transferring your personal information across international borders, for processing, storage or other purposes related to the use of our services, as detailed in our End User Privacy Policy.
Third parties
Finverse is not responsible for any services provided by third parties or the acts or omissions of any third-party providers, including but not limited to any Recipient, Financial Institution or any other third party involved in processing data from your Connected Account.
We do not guarantee that the services provided by the Recipient will be free of interruption, data loss, security failures or any other errors, and will not be responsible for any such errors by the Recipient. The decision to use any of the services provided by the Recipient, and to share data from your Connected Account to the Recipient, remains yours.
Your use of any of the services provided by the Recipient or by your Financial Institution, and these providers’ handling of your data, is governed by separate terms between you and the applicable providers. We assume no responsibility and bear no liability for any consequences resulting from your interactions with the Recipient or your Financial Institution, and any associated disputes which may arise between you and the Recipient or your Financial Institution. In particular:
The Recipient is solely responsible for safeguarding the data it receives from your Connected Account. We assume no responsibility and bear no liability for any data breach by a Recipient of data associated with any Connected Accounts connected through our Platform.
Your Financial Institution is responsible for ensuring that access attempts to your Connected Accounts are properly authenticated and authorized, including by verifying the authenticity and validity of access requests. We assume no responsibility and bear no liability for any misuse of your Connected Account by any parties, including through our Platform. You should immediately notify your Financial Institution if you believe your Connected Account has been misused, including if you believe there has been any unauthorized transaction from your Connected Account.
We do not guarantee that your Connected Account or services provided by the Recipient will remain available or compatible with our Platform.
Use of the platform
You represent and warrant that you have all necessary rights to access your Connected Account and to share its data to the Recipient through our Platform in accordance with your Acknowledgement above.
When using or accessing our Platform, you agree to comply with all applicable laws and regulations, including privacy laws, as well as any rules and guidelines that we post.
You agree not to misuse our Platform or help anyone else to do so. In particular, you agree not to do any of the following in connection with our Platform:
Use or access anyone else’s Connected Account or related data without their explicit consent;
Submit information about anyone else’s identity or Connected Account or that violates any third-party rights;
Use our Platform for any unlawful, fraudulent or misleading purpose;
Modify, reverse engineer or seek to gain unauthorized access to our Platform or related systems, data or source code;
Bypass or circumvent measures designed to prevent or limit access to any part of our Platform, including by circumventing any security or authentication measures or service use limits;
Rent, lease, provide access to or sublicense any elements of our Platform to a third party, or use our Platform on behalf of or to provide services to third parties;
Re-sell or distribute for commercial benefit any data, content or information available on our Platform;
Access our Platform for competitive purposes or publish any benchmark or performance information about our Platform, or
Use our Platform in any manner that could damage, disable, overburden, or impair the functioning of our Platform or interfere with, disrupt or negatively affect other users.
We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your access if we believe you are in breach of these terms or are misusing our Platform or any services we provide. In such cases, we also reserve the right to contact your Financial Institution, the Recipient, law enforcement or relevant regulators about your actions; and to take legal action against you in the jurisdiction(s) in which we operate.
We give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable license to access and use our Platform, including any software or application as part of the services we offer. This license is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.
This license to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.
Availability of our services
We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether.
We may release products, services, functionalities or features that we are still testing and evaluating. We may label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.
We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.
Our intellectual property rights
All intellectual property rights subsisting in our Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved.
You must not copy, modify or create derivative works of our Platform, or remove any of our proprietary notices.
Our name “Finverse” and our marks and logos are our trademarks (be it registered or unregistered) and may not be used without our express prior written consent.
Feedback
We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.
You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.
Limitation of liabilities
Some countries or jurisdictions may not allow the following disclaimers, in which case these disclaimers will not apply to you.
To the fullest extent permitted by law, we (including our directors, employees or partners) expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:
We provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your use of our Platform is at your own risk;
We give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
We expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
We do not guarantee that use of the Platform will be uninterrupted or error-free, that any of the information you find on the Platform will be accurate, complete or up-to-date, or that we will maintain any data without loss; and
We are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors.
To the fullest extent permitted by law, we (including our directors, employees or partners) are not liable to you or others for:
Any indirect, incidental, special, exemplary, consequential or punitive damages of any kind; or
Any lost profits, loss of use, lost or inaccurate data, failure of security mechanisms, financial losses, or loss of reputation,
relating to the use of our Platform or any products or services we offer.
We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.
If you are using the Platform as a consumer, in some countries or jurisdictions you may have certain legal rights as a consumer. In such cases, nothing in these terms limit your legal rights as a consumer that may not be waived by contract.
Other than the types of liabilities that we cannot limit by law, our liabilities (including those of our directors, employees or partners) to you are limited, in aggregate, to the greater of (i) the amount you have paid us (if any) for the use of our Platform, and (ii) US$50.
Indemnity
You agree to indemnify and hold us (including our directors, employees or partners) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.
You also agree to fully cooperate with us in the defense or settlement of any claim in relation to or arising out of our Platform or these terms.
Governing law and dispute resolution
These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any dispute or claim arising out of or in connection with this Agreement or its subject matter (including non-contractual disputes or claims) shall first be referred to mediation at the Hong Kong International Arbitration Centre (HKIAC) in accordance with its then current mediation rules. If the mediation is abandoned by the mediator or is otherwise concluded without the dispute or difference being resolved, then such dispute or difference shall be referred to and determined by arbitration at HKIAC in accordance with its domestic arbitration rules.
Termination
These terms will continue to apply until terminated by either you or us as follows.
You may stop using the Platform any time by unlinking your Connected Account through the Recipient (if available).
We reserve the right to suspend or terminate your access to our Platform at any time in our discretion, with or without notice and for any or no reason, including if we believe you have violated these terms. We will have no liability to you for any termination or suspension, nor will such action limit any other rights or remedies we may have. Except for your right to use the Platform, these terms will survive any termination.
Where we consider necessary or appropriate, we will report any breach of these terms to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.
Other important terms
Any delay we make in enforcing these terms does not waive our rights to enforce them later.
We may transfer our rights and obligations under these terms to another organization, including in connection with a merger, sale or other change of control.
You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
If a court of competent jurisdiction finds part of these terms to be unenforceable for any reason, the remaining provisions will remain in full force.
These terms constitute the entire agreement between any user and us in relation to the use of the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of the Platform.
No one other than you or us have any right to enforce these terms under any applicable law.
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
Changes of terms
We may modify these terms from time to time by posting the updated terms on our Platform. By continuing to use our Platform and our services after the changes come into effect, you agree to be bound by the revised policy. If you do not agree to the changes, your sole remedy is to cease using the Platform.
Languages
In case of discrepancies between the English and other language versions of this policy, the English version shall prevail.
Contact us
If you have any questions or problems relating to our Platform, please contact us at support@finverse.com.
If you have any questions about these terms, please contact us at legal@finverse.com or by mail at:
Finverse Technologies Limited
Attn: Legal
Rm 2004-06, Strand 50
50 Bonham Strand, Sheung Wan
Hong Kong
Finverse Technologies Ltd.
Finverse Technologies Ltd.
Finverse Technologies Ltd.
Finverse Technologies Ltd.
Finverse Technologies Ltd.