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. Where such changes have a material adverse effect on you, we will notify you in advance of any changes at least two (2) months before such changes enter into force, by email or by posting of the updated Terms on our website. Your continued use of the Service after any changes of the Terms has entered into force will be deemed as an acceptance of the updated Terms. The updated Terms will apply going forward and not with retroactive effect. If you do not accept the changes to the Agreement you may, no later than the entry-into-force of the relevant changes, terminate the Agreement free of charge and with immediate effect.
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 or services, 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 permission, we will extract the relevant personal and financial data from your internet bank as necessary for us to provide the Service. This may include your national identification number, account number, contact details, monthly cash flow (salary and expenses), payers and payment recipients, 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 warrant and agree to comply with the following:
(A) You will use the Service only for purposes that are permitted by and in accordance with:
(i) the Terms; and
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(B) You are the rightful holder of the specified bank account and have the right to make available relevant information from your internet bank to us, including information on accounts you may hold together with someone else;
(C) You have the sole responsibility for protecting the confidentiality of your personal security information, such as your internet bank log in credentials;
(D) You are at least 18 years of age and have legal capacity to enter into these Terms;
(E) 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;
(F) You will not use the Service for any illegal and/or unauthorized use;
(G) You acknowledge and agree that any automated use of the Service is prohibited;
(H) You will provide true, accurate, current and complete information, including information on all transactions and payment recipients, for the specified bank account and time period, as extracted from your account statement with your internet bank or similar, and will not fraudulently withhold or modify such information; and
(I) You will not decompile, reverse engineer, modify or disassemble any of the software aspect of the Service 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. In case you use the Service in breach of this Section 3 or if the use may cause damage to Instantor or a third party, Instantor is entitled to immediately suspend access or terminate the Agreement by notifying you thereof in writing.
4. Communication and technical requirements
4.1 You agree that all communication with Instantor in relation to the Service shall be conducted online and by e-mail and that the Agreement will be concluded in the English language or the official language of your country of residence. Instantor’s primary language for communication with you is English. However, upon your request and where available, you will get any such communication in the official language of your country of residence.
4.2 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.
4.3 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
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, 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, unless otherwise follows from mandatory laws, 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 not available 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, (v) any errors in the technology will be corrected, or (vi) that any third party making decisions based on information about you received via the Service will be accurate, in your favour or otherwise meet your expectations.
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 of third party rights.
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 attorney’s 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 to trademarks, copyright, designs 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 circumstances that are 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.
11.1 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 email@example.com. Please do not include personal or financial account information when contacting us by e-mail.
12. Term and termination
This Agreement enters into force when you accept these Terms and remains in force until terminated by either party. You may terminate the Agreement free of charge at any time by written notice by sending an email at firstname.lastname@example.org. Subject to any other right of termination described in these Terms, Instantor will give you two (2) months prior written notice of termination should Instantor wish to terminate the Agreement.
13.1 We are committed to ensure that you receive a high-quality service from us. In the event that you are dissatisfied with our Service or believe an error has occurred when using the Service, please contact us as soon as possible. For full details of our complaints procedure, or to submit a complaint, you can contact us at email@example.com.
13.2 We will handle your complaint promptly and aim to resolve any complaint within 15 business days from the date we received the complaint. If we due to special reasons are unable to provide you with a response within 15 business days, we will notify you of such reasons and may extend our response period to up to 35 days. If you do not receive our final response or you are unhappy with our final response, you can, if you are located in Sweden, contact Allmänna reklamationsnämnden to file a complaint at Box 174, 101 23 Stockholm, e-mail firstname.lastname@example.org. You should do so within 6 months from the date of our final response. If you are resident outside Sweden, you may also have the right to refer your complaint to the local ombudsman in your country and follow the local out of court and redress procedures to register your complaint. Further information can be found on the website of the European consumer financial complaints network at https://ec.europa.eu.
14. 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, subject to any mandatory provisions under the laws of your country of residence. 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. The courts of Sweden or the courts of your country of residence, at your choice, shall have jurisdiction over any dispute, controversy or claim arising out of or in connection with the Terms or the relationship between You and Instantor.