Term-en

INSTANTOR TERMS AND CONDITIONS

These terms and conditions (the ”Terms”) governs your access to and/or use of the Service (as defined below) that Instantor AB (Reg. No. 556818-2835) as well as its subsidiaries and affiliates (“Instantor”) provides to you. These Terms and Instantor’s Privacy Policy and any additional terms that you agree to, constitute an agreement and the entire agreement between you, i.e. the user of the Service (the “user” or “you”) and Instantor (together the (“Agreement”). Please read the following information carefully before using the Service.

1. Acceptance of the Terms and changes

1.1

By accessing or using the Service, you acknowledge that you have read, understood, and agree to these Terms. If you do not agree with the Terms, do not use the Service.

1.2

Instantor reserves the right to modify these Terms at any time in its sole discretion, and will notify you in advance of any changes, within a reasonable time before such changes enter into force, by electronic mail or by posting of the updated Terms on the website. Your continued use of the Service after any changes in the Terms has entered into force will constitute your agreement to the updated Terms.

1.3

In certain cases, Instantor is entitled to change the Agreement with immediate effect where such change is due to decisions from public authorities, or legislative or regulatory changes that Instantor needs to comply with or which causes Instantor to incur manifestly increased costs. If you do not accept such change, you have the right to terminate the Agreement with effect no later than the date the changes enter into force.

2. The Service

2.1

The Instantor service enables you as a consumer to quickly and securely identify yourself and to submit financial information which may be requested by banks, credit institutions and others in connection with online transactions, such as loan and credit applications, account confirmations for payouts and KYC (Know Your Customer) processes (the “Service”).

2.2

You access the Service via your own internet bank or similar. With your prior explicit consent, we will extract the relevant personal and financial data from your internet bank. This may include your national identification number, account number, contact details, monthly cash flow (salary and expenses), overdrafts, loans and other transactions. The data is compiled into a report, which you submit to the third party with which you have agreed to share your data via the Service.

3. User’s obligations

3.1

As a user of the Service, you agree to comply with the following::

(A) You will use the Service only for purposes that are permitted by:

(I)
the Terms; and
(II)
any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(B) You have the sole responsibility for protecting the confidentiality of your personal security information, such as your internet bank log in credentials;

(C) You are at least 18 years of age and have legal capacity to enter into these Terms;

(D) any use of the Service by any other person, or third parties, is strictly prohibited. You agree to immediately notify Instantor of any unauthorized use or any breach of security of which you have become aware;

(E) You will not use the Service for any illegal and/or unauthorized use;

(F) You acknowledge and agree that any automated use of the Service is prohibited;

(G) You will provide true, accurate, current and complete information as extracted from your account statement with your internet bank or similar; and

(H) You will not decompile, reverse engineer, modify or disassemble any of the software aspect of the materials except and only to the extent permitted by applicable law.

3.2

If you do not comply with this Section 3 You are not entitled to use the Service and must exit the Service. In case you use the Service in breach of this Section 3 or if the use causes damage to Instantor, Instantor is entitled to immediately suspend your access to and use of the Service. If correction has not been made within fourteen (14) days from the time of suspension Instantor is entitled to, with immediate effect, by written notice terminate the Agreement.

4. Technical requirements

4.1

To use the Service, you need to have access to an internet connection. The Service can be used with an average internet browser and does not require the installation of special software.

4.2

Failure to comply with these criteria may result in extra sessions due to lack of quality in the technical performance of the Service. Instantor is not responsible for any faults in the Service arising due to you not having the necessary equipment, hardware or software and/or internet capacity. Instantor reserves the right to change the technical requirements from time to time.

5. Privacy and personal data

5.1

As part of providing the Service to you, We need to collect and use certain personal data about You. Our privacy practices are described in our Privacy Policy.

6. Limitation of Liability

6.1

You expressly understand and agree that Instantor, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

6.2

Because some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any limitations are held inapplicable or unenforceable for any reason, then Instantor’s maximum liability to you for any indirect type of damages shall be limited to SEK 1,000 in the aggregate.

6.3

In no event shall Instantor’s total liability arising out of or in connection with the Service or these Terms, however arising, including under contract, tort, under statute or otherwise, exceed SEK 1,000.

7. Disclaimer of warranties

7.1

Although Instantor’s intention is to provide the best possible service, Instantor cannot guarantee the availability of the Service or the reliability or accuracy of the information that is presented through the Service. Instantor cannot be held accountable if the Service is down or if any information or functionality does not work as expected.

7.2

Instantor makes no warranty that (i) the Service will meet your requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or (v) any errors in the technology will be corrected.

7.3

Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Instantor expressly disclaim all warranties of any kind as to the service and all information included in or accessible from the Service, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

8. Indemnification

You agree to protect and fully compensate Instantor and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) caused by or arising from your use of the Service, your violation of these Terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

9. Intellectual property

9.1

Instantor, Instantor’s suppliers and/or its licensors holds all rights, including intellectual property rights (including but not limited trademarks, copyright, inventions, patent and source code and functions in the Service), in the Service. These Terms does not transfer any intellectual property from Instantor to you, and all right, title and interest in and to such property will remain solely with Instantor. Instantor AB, instantor.com, the logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Instantor.

9.2

Your use of the Service grants you no right or license to reproduce or otherwise use any Instantor or third-party trademarks.

10. Force Majeure

You expressly release Instantor from any delay or failure of performance if and to the extent caused by a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the party claiming force majeure, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, restraint of government, governmental acts, injunctions, labor strikes, and other like events, despite such party’s reasonable efforts to prevent, avoid, delay or mitigate the effects of such acts, events or occurrences, and which events are not attributable to the party’s failure to perform its obligations under these Terms.

11. Miscellaneous

11.1

If for any reason a court of competent jurisdiction finds any provision of these Terms, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms will continue in full force and effect.

11.2

For questions regarding these Terms or the Service, please contact us by e-mail at legal@instantor.com. Please do not include personal or financial account information when contacting us by e-mail.

12. Governing law and dispute resolution

The Terms and the relationship between You and Instantor shall be governed by and construed in accordance with the laws of Sweden, without giving effect to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Sweden for settlement of any dispute, controversy or claim arising out of or in connection with the Terms or the relationship between You and Instantor. In the event that the application of Swedish law would be contrary to national law in the country where the User is domiciled such national law shall apply, to the minimum extent possible, to the Terms.

 

INSTANTOR AB
Reg no 556818-2835
Vasagatan 16
111 20 Stockholm
Sweden
Visit https://www.instantor.com/ for more information