TERMS AND CONDITIONS OF THE DEVELOPER.BANKING.ASSECO.PL WEBSITE AND ITS "ASSECO POLAND'S BANKING SOFTWARE SANDBOX" TESTING ENVIRONMENT
Asseco Poland S.A. (ASSECO), operates this website available at https://developer.banking.asseco.pl (the "WEBSITE").
ASSECO's registered seat is located at ul. Olchowa 14, 35-322 Rzeszów, Poland, and ASSECO is entered in the National Court Register maintained by the District Court in Rzeszów, 12th Commercial Division of the National Court Register, under the KRS number 0000033391, Tax Identification Number (NIP) 5220003782, Business Identification Number (REGON) 010334578.
This document (TERMS AND CONDITIONS) constitutes Terms and conditions for provision of services by electronic means in accordance with the requirements of the Act of 18 July 2002 on provision of services by electronic means, consisting in particular of using Asseco Poland's Banking Software Sandbox (SANDBOX) and defines types and scope of SERVICES, conditions for provision of SERVICES, conditions for conclusion and termination of agreements on provision of services by electronic means.
ASSECO provides USER with SERVICES via the WEBSITE under these terms and conditions to allow the USER to evaluate and test ASSECO SOFTWARE in a shared sandbox type environment. The SERVICES are not intended for CONSUMERS or sole proprietors. ASSECO shall verify the USER in accordance with the TERMS AND CONDITIONS before creating an ACCOUNT.
By using the WEBSITE, and in particular by creating an ACCOUNT, the USER acknowledges the acceptance of the TERMS AND CONDITIONS and the following rules:
- ASSECO Cookies Policy.
- 1.1. API means the specific application programming interfaces available to the USER through SANDBOX.
- 1.2. PERSONAL DATA means any information or data relating to an identified or identifiable natural person.
- 1.3. USER DATA means all data, materials and information, including text and image files, software and any other material submitted to the SOFTWARE by or on behalf of the USER through the use of the SERVICES.
- 1.4. DOCUMENTATION means technical documentation, manuals and specifications related to the SERVICES and SOFTWARE.
- 1.5. CONFIDENTIAL INFORMATION means any confidential, non-public or proprietary information, regardless of how the information is stored or provided, on or after the date of the AGREEMENT concerning the SERVICES, APIs, API keys, CONTENT and SOFTWARE, including without limitation the data, know-how, formulas, processes, designs, photographs, drawings, ideas, specifications, software, samples and any other materials or documents containing or embodying any of such information.
- 1.6. CONSUMER means a natural person using the SERVICES in a manner not directly related to their business or professional activity, i.e. a consumer as defined in Article 22(1) of the Civil Code.
- 1.7. ACCOUNT - a set of resources on the WEBSITE designated with an individual name (login) and password provided by the USER, which stores the USER's data.
- 1.8. SOFTWARE means the ASSECO software systems that can be accessed through the SANDBOX service, together with any other software (if any) made available to the USER.
- 1.9. INTELLECTUAL PROPERTY RIGHTS means all present and future copyrights, patents, trademarks (whether registered or not) or database rights, inventions or trade secrets, know-how, design rights, integrated circuit topographies, trade names, domain names and all other intellectual property rights, and applications related to any of these rights (where such applications may be made), which may be protected in any relevant jurisdiction.
- 1.10. SANDBOX means a sandbox service made available through the WEBSITE with access to ASSECO's systems, subject to any technical limitations and access requirements for such service.
- 1.11. CONTENT means any content or materials, including DOCUMENTATION, available through the WEBSITE.
- 1.12. AGREEMENT means the agreement for the provision of electronic services concluded between ASSECO and the USER.
- 1.13. SERVICES means the services provided by ASSECO to the USER through the WEBSITE or otherwise and include access to the APIs, CONTENTS and SANDBOX.
- 1.14. USER shall mean solely legal person or an organizational unit without legal personality, which uses the SERVICES.
General Rules of Using SERVICES, USER’S Obligations
- 2.1. ASSECO shall provide the USER with access to the SERVICES, SOFTWARE and CONTENT through the WEBSITE and the SANDBOX solely for the USER's own use. This access may not be granted or transferred to third parties.
- 2.2. ASSECO provides access to the following SERVICES on the WEBSITE: the maintenance of an account on the WEBSITE, the CONFIGURATOR used for the User's own preparation of sample functional configurations of the SOFTWARE, the Contact Form used for sending a specific inquiry concerning the SANDBOX to ASSECO, the relevant SANDBOX service allowing activation of a function of the SOFTWARE, by means of which the USER can send a request to the system that will perform the function.
- 2.3. ASSECO shall provide the USER with access to the shared SANDBOX service together with the DOCUMENTATION. For this purpose, ASSECO grants the USER a personal, non-exclusive, non-transferable, revocable license granted for the sole purpose of testing the functionality and evaluation related to the SOFTWARE.
- 2.4. The WEBSITE is intended for professional (business-to-business) use and in connection with the internal business purposes of the USER (represented on their behalf by a natural person using the WEBSITE). Any production or commercial use (including use for marketing or demonstration purposes) of the SANDBOX, SOFTWARE or DOCUMENTATION is expressly prohibited. The USER may download only one copy of the DOCUMENTATION and, if applicable, of the portion of the SOFTWARE available for download on the WEBSITE, solely for evaluation and testing in connection with the SERVICES. The USER may not modify, translate, reproduce, distribute or create derivative works of such materials or parts thereof. The USER must not decompile, reverse engineer, disassemble or attempt to derive the source code of any software or security components of the SERVICES, SOFTWARE, WEBSITE, or CONTENT.
- 2.5. Due to the fact that the WEBSITE and SERVICES are intended for USERS who are not CONSUMERS or sole proprietors, an ACCOUNT can only be created upon prior verification of the USER and the purpose of their use of the SANDBOX. The verification is performed by phone or via an e-mail sent to the address provided by the USER within an approximate time period of 48h from creating the ACCOUNT.
- 2.6. The USER shall not use the SERVICES, SOFTWARE, WEBSITE, or CONTENT to build a competing product or service or to copy any features or graphics of the SERVICES, SOFTWARE, WEBSITE, or CONTENT or to conduct any benchmarking, security testing, or performance testing of the SERVICES, SOFTWARE, WEBSITE, or CONTENT.
- 2.7. The USER does not acquire any right or license to the SANDBOX service or any underlying software for such service, including SOFTWARE, beyond the scope or duration of the SERVICES, as indicated in the AGREEMENT.
- 2.8. ASSECO does not guarantee the provision of access to the SERVICES, SOFTWARE, WEBSITE or CONTENT on a continuous or uninterrupted basis. ASSECO may change or discontinue any part of the WEBSITE. ASSECO has no obligation to store, maintain or provide the USER with a copy of the USER’S DATA, except to the extent required by the applicable law. There are no levels of provision of the SERVICES.
- 2.9. ASSECO reserves the right to refresh SANDBOX at any time, including for upgrades and/or maintenance. The SANDBOX update schedule can be communicated to the USER electronically.
- 2.10. ASSECO makes no warranty, representation, commitment that the SANDBOX is secure or free from any defects in the SOFTWARE.
- 2.11. The provision of the SERVICES available on the WEBSITE is free of charge. ASSECO has the right to introduce fees for access to the WEBSITE or for access to its certain features, SOFTWARE, CONTENT or SERVICES. ASSECO shall inform the USER electronically of the introduction of fees.
- 2.12. The USER may only use the WEBSITE for lawful purposes and in compliance with all applicable laws, including but not limited to data protection and privacy laws, software and content copyright laws, and unsolicited commercial communication laws.
- 2.13. The USER agrees to use the SITE reasonably, as required for testing purposes only, including but not limited to the number of API calls. ASSECO may set API call limits at its sole discretion. ASSECO retains the right to monitor the use of the WEBSITE, including the API, and to suspend the USER's access if it deems the USER's use of the WEBSITE to be unreasonable or excessive.
User’s Account Administration
- 3.1. The USER’s data provided upon creating an ACCOUNT must be true and accurate.
- 3.2. The USER is responsible for maintaining the confidentiality of any security certificates, IDs and passwords used to access the WEBSITE and any actions related to their Account.
- 3.3. ASSECO reserves the right to make a negative verification of the USER in cases where the application for an ACCOUNT or the purpose of the use of the WEBSITE does not comply with the Terms and Conditions.
- 3.4. ASSECO has the right to terminate the access for the already registered USER without any explanation and at any time if the purpose of their use of the WEBSITE does not comply with the Terms and Conditions.
- 3.5. ASSECO may delete the USER’s ACCOUNT if it is not used by the USER, after termination of the AGREEMENT on its use, pursuant to Clause 7 OF THE TERMS AND CONDITIONS.
Technical Requirements Necessary to Use the SANDBOX Service:
- 4.1. Computer with access to the Internet.
- 4.2. Properly configured web browser, such as Google Chrome, Mozilla Firefox, Microsoft Edge, Microsoft IE11 (for selected systems), Apple Safari, installed on a device with Internet access and in the current version.
Non-disclosure of Data and Intellectual Property Rights
- 5.1. The USER acknowledges that the WEBSITE, SOFTWARE, SERVICES and CONTENTS contain ASSECO CONFIDENTIAL INFORMATION. The USER agrees not to reproduce, sell, transmit, publish, disclose, display or otherwise make available to third parties the CONFIDENTIAL INFORMATION or other proprietary information of ASSECO.
- 5.2. ASSECO shall be free to use any information or suggestions provided by the USER in connection with the use of the WEBSITE.
- 5.3. The USER agrees to safeguard and protect CONFIDENTIAL INFORMATION and to take appropriate measures to ensure the security of such information in accordance with the terms of the AGREEMENT. In the event of a breach of confidentiality or security of CONFIDENTIAL INFORMATION, the USER shall immediately notify ASSECO.
- 5.4. The USER acknowledges and agrees that the WEBSITE, SOFTWARE, SERVICES and CONTENT are subject to the intellectual property rights of ASSECO, its affiliates and suppliers (as applicable). Nothing in this Agreement grants any permission or right to use, publish or exploit the SOFTWARE, DOCUMENTATION, CONTENT otherwise than as expressly provided in this Agreement.
- 5.5. Under this agreement, the USER does not obtain any rights to use the name of ASSECO, names of brands, trademarks and logos.
- 5.6. Any third party’s products or services or information related to them provided by ASSECO to the USER as part of the WEBSITE may carry their own terms and conditions or license conditions, in which case these conditions shall govern that particular third-party service or software. ASSECO shall not be liable to the USERS for the selection, performance or use of such providers, third parties, products or services.
- 6.1. The WEBSITE, SERVICES, SOFTWARE, and CONTENT are provided "as is" and "as available" without warranty of any kind. Any use of the WEBSITE, SERVICES, SOFTWARE and CONTENT is at the sole discretion and risk of the USER. ASSECO disclaims all warranties and conditions of any kind, whether expressed or implied, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
- 6.2. ASSECO stipulates that the use of the WEBSITE may involve the standard risks associated with the use of the Internet, for which it is not responsible and therefore recommends the USERS to take the appropriate steps to minimize these risks.
- 7.1. The AGREEMENT shall become effective upon acceptance of the TERMS AND CONDITIONS by the USER.
- 7.2. The AGREEMENT shall be terminated if: The USER ceases to use the WEBSITE or ASSECO provides the USER with a notice of termination of access to the WEBSITE.
7.3. ASSECO may terminate the AGREEMENT concerning the operation of the ACCOUNT in the following situations:
- 7.3.1. the USER’s account is inactive for more than forty-five (45) consecutive days;
- 7.3.2. the USER violates these TERMS AND CONDITIONS.
- 7.4. In the event that the AGREEMENT for maintaining the ACCOUNT is terminated, ASSECO is entitled to delete all the USER's DATA stored on the WEBSITE and the SOFTWARE.
- 7.5. The USER may terminate the agreement for the maintenance of the ACCOUNT on the WEBSITE by sending an appropriate statement by e-mail to the following e-mail address: email@example.com or in writing to the ASSECO address.
Changes to the AGREEMENT and the Rules
- 8.1. ASSECO shall have the right to unilaterally amend these Terms and Conditions in the event of: (a) amendment of the laws applicable to the provision of electronic services or remote transactions, (b) amendment of ASSECO's offer concerning the SERVICES provided that the amendments to these TERMS AND CONDITIONS are intended to adapt its content to the offer.
- 8.2. ASSECO shall post a notification of amendments to the TERMS AND CONDITIONS and of the effective date of the amended TERMS AND CONDITIONS on the WEBSITE, indicating the effective date of the amendments.
- 8.3. Amendments to the TERMS AND CONDITIONS shall be effective for the USER as of the date specified by ASSECO, not earlier than 7 calendar days after the USER has been informed of the amendment via the WEBSITE. The notice period is 7 days. Notice of termination shall be sent to the e-mail address firstname.lastname@example.org or in writing to ASSECO's registered office address.
Personal Data Protection
- 10.1. Claims and information related to non-performance or improper performance by ASSECO of the SERVICES set forth in the TERMS AND CONDITIONS may be filed 24 hours a day.
- 10.2. Claims may be sent electronically to ASSECO's e-mail address: email@example.com
- 10.3. The complaint shall include the identification of the USER making the complaint and contain a brief description of the event justifying the complaint together with the reasons for its filing.
- 10.4. Complaints shall be processed by ASSECO within 14 days of their submission.
- 10.5. In more complicated cases, ASSECO can contact the USER to obtain an additional description of the problem.
- 10.6. Information about the complaint handling shall be sent to the USER in electronic form to their e-mail address. Processing of the complaint is free of charge.
- 11.1. The AGREEMENT shall be governed by and understood in accordance with the laws and regulations of the Republic of Poland.
- 11.2. Any disputes between the Parties arising out of or in connection with the AGREEMENT, if they cannot be resolved amicably by the Parties, shall be finally settled by the court in Rzeszów (Poland).