End-user term of use

Except for the rights expressly granted under these Terms of Use:

1. all content included as part of the Services, including but not limited to text, graphics, logos, images, audio clips, digital downloads and software is our property or the property of our licensors. We (or our licensors, as the case may be) retain all rights, title and interest in and to the Services, including, without limitation, all intellectual property rights therein; and
2. all rights, title and interest in and to any performance data or feedback that you provide in connection with your use of the Services, including all intellectual property rights therein, will become our property.

For the avoidance of doubt, nothing in these Terms of Use shall operate to transfer ownership of any Intellectual Property Rights that belonged to you prior to when you start using our Services or are created by you separately from your use of our Services.

Subject to clause 6.3, we hereby grant you a personal, non-exclusive, non-assignable, non-transferable, non-sub-licensable, revocable licence to install and use our Services on any device (which shall include future updates made available to you from time to time provided you understand that such updates may be subject to additional terms notified to you at the time that such update is made available), subject to your compliance with these Terms of Use. You agree that access to the Service is personal to you, and no third party has any right to use it. We have the right to disable your access to our Services if in our sole opinion you have failed to comply with any of the provisions of these Terms of Use or Legal Documents.

You shall use the Services solely for the purposes that are permitted by and as contemplated by these Terms of Use. Without limiting any other provision of these Terms of Use, you agree that you shall not, either directly or indirectly:

1. disseminate, market, license, sublicense, sell, resell, lease, transfer, assign, distribute, time share, let, rent, or sub-authorize any element of the Services;
2. modify, translate, reverse engineer, decrypt, decompile, decode, disassemble, or create derivative works based on our APIs;
3. breach, override or otherwise circumvent any authentication or security mechanisms or other use restrictions that are built into the Services;
4. remove or delete any notices, ownership labels, classified legends or marks from the Services;
5. engage in any action with the Services that destroys or accesses in an unlawful manner the server networks, connections, systems, records, or other assets, tools or services of the DAPI or any related third party;
6. transmit any worms, viruses, Trojan horses, or any other malware, disruptive or harmful software or data through your access to and use of the Services;
7. use the Services or any part thereof for any unlawful or fraudulent purpose or otherwise in any way not permitted by these Terms of Use;
8. obtain or try to obtain or register for itself anywhere in the world any of our Intellectual Property Rights; or
9. mislead, confuse, or cause misapprehension or confusion among other End Users as to the features, functionality, origin, or other aspects of our APIs, the Services or our Intellectual Property Rights.

You agree that you have no right to use any trademark we hold, or may hold in the future, without our prior written consent.

All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

In the event that any of our Intellectual Property Rights vest in you, you hereby assign (or shall use reasonable endeavors to assign or procure the assignment) to us all right, title and interest in and to such Intellectual Property Rights.

For the purposes of these Terms of Use, “Confidential Information” means our (or a Service user’s) non-public, confidential, secret or proprietary material and information that has been or may be, directly or indirectly, disclosed to you or which you come into the possession or knowledge of, whether in verbal, written, graphic, electronic or other form, in connection with or as a result of entering into these Terms of Use and using our Services.

You will maintain the confidentiality of all Confidential Information we may provide you or which you receive as a result of your use of the Services and will not release, disclose, use, make available or copy any such Confidential Information without our prior written consent. You may disclose Confidential Information to employees, agents or subcontractors on a need-to-know basis only.

You will take reasonable precautions to protect the confidentiality of such Confidential Information. Excluded from this obligation of confidentiality is Confidential Information which:

1. is known or becomes known to you directly or indirectly from a third party source not having an obligation of confidentiality to us;
2. becomes publicly known or otherwise ceases to be secret, proprietary or confidential, except through your breach of these Terms of Use;
3. is independently developed by you; or
4. is required to be disclosed by a government authority or by law, provided that you give us reasonable prior written notice sufficient to permit us to contest such disclosure.

The obligations with respect to Confidential Information shall survive the termination of these Terms of Use.
All rights not expressly granted to you in these Terms of Use are reserved and retained by us or our licensors.

You warrant, represent and undertake that:

1. ou shall fully comply and will at all times continue to fully comply with all applicable laws, statutes and regulations, including, without limitation, all privacy laws legislation and content regulation;
2. you have full power and authority to enter into these Terms of Use and the execution and performance of your obligations under these Terms of Use does not conflict with:
   a. any laws, rules, regulations or governmental guidelines to which you are subject to; or
   b. any other agreements to which you are a party to or to which you are otherwise bound by;
3. if you create or use an account on behalf of a business entity, you represent that you are authorised to act on behalf of such business and bind the business to these Terms of Use. Such account is deemed to be owned and controlled by the business entity;
4. any information that you provide us with is accurate, up-to-date and complete and you are authorised to provide us with any financial information (e.g. card details);
5. you own or have the authority to grant the rights and licences granted to us by you under these Terms of Use; and
6. any content you submit as part of your use of the Services and any products that you list do not violate the rights of any third party anywhere in the world including, without limitation, any Intellectual Property Rights (whether registered or not).

Subject to clause 9.1, the Services are provided to you on an “as is” basis without representations, warranties or conditions of any kind. We disclaim all warranties, conditions and representations of any kind, whether express, implied or collateral, including, but not limited to, all conditions, representations or warranties of merchantability, of fitness for a particular or general purpose, of non-infringement, of compatibility or that the Services are secure or error free or will operate without interruption or will be provided in a timely or proper manner or at all.

Nothing in these Terms of Use shall limit or exclude a party’s liability:

1. for fraud, including fraudulent misrepresentation, perpetrated by that party;
2. for death or personal injury caused by the negligence of that party; or
3. for any other liability that cannot be limited or excluded under applicable law.

Subject to clause 9.1, in no event will we, our parent company, subsidiaries and affiliates, and our and their directors, officers, agents, employees, suppliers, subcontractors or licensors be liable, whether based on an action or claim in contract, tort, negligence, breach of statutory duty or otherwise, even if foreseeable, arising out of or in relation to these Terms of Use for loss of profits, sales, business or revenue, loss of data or information, loss of anticipated savings, loss of business opportunity, goodwill or reputation, business interruption or other pecuniary loss or for any special, indirect, incidental or consequential damages, even if we, our affiliates, directors, officers, agents, employees, licensors, subcontractors or suppliers have been advised of the possibility of such damages.

In addition, to the extent permitted by applicable law, we (including our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors) are not liable, and you agree not to hold us responsible, for any damages or losses resulting directly or indirectly from:

1. the information you provide when using the Services;
2. your use of or your inability to use our Services;
3. guidance provided by us;
4. delays or disruptions in our Services;
5. viruses or other malicious software, including, without limitation, Trojans, worms, logic bombs, obtained by accessing or linking to our Services;
6. bugs, errors or inaccuracies of any kind in our Services;
7. damage to your hardware device from the use of products sold or made available on the Service or our Services;
8. the content, actions or inactions of third parties using our Services;
9. a suspension or other action taken by us with respect to your use of the Services; or
10. your need to modify practices, content or behaviour or your loss of or inability to do business as a result of changes to these Terms of Use.

Subject to clause 9.1, if clauses 9.2 or 9.3 are held to be unenforceable or inapplicable for any reason, then the total liability applicable to us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors, to you, whether based on an action or claim in contract, negligence or breach of statutory duty or otherwise, arising out of or in relation to these Terms of Use shall be limited to [US$500].

You agree to indemnify and hold us, our parent company, subsidiaries and affiliates and our and their directors, officers, agents, employee, suppliers, subcontractors or licensors harmless from and against any losses, damages and expenses (including legal fees) arising out of or relating to:

1. any claims or demands made by any third party, including a regulator or government authority, due to or arising out of your use of the Services;
2. your violation of any of provisions of these Terms of Use, including, without limitation, any of the warranties, representations and undertakings;
3. your violation of any applicable laws, including, without limitation, data protection or anti-spam laws; or
4. the manner in which you use our Services, including, without limitation, that your trademarks infringe the Intellectual Property Rights of any third party or that your use of the Service violates any other rights (including privacy rights) of any third party (including other End Users).

Without prejudice to any of our rights and remedies and without any liability to you, we may terminate, limit, suspend or withdraw your access to the Services (effective immediately) and/or remove hosted content submitted by you if:

1. we consider, at our sole discretion that you have breached these Terms of Use in any manner whatsoever;
2. we are required to do so by law (including if we receive a written request by a regulator to cease provision of the Services to you); or
3. there are objectively justified and duly evidenced reasons.

Upon expiry or termination, as the case may be, of these Terms of Use, you shall:

1. comply with your obligations under clause 7; and
2. promptly deliver to us, upon our request, all Confidential Information together with any other data, books, papers, materials and other related property relating to us or relating to these Terms of Use that are in your possession or under your control. No copies of the foregoing items may be retained by you for record purposes, except as required by applicable law.

Our Services may include information and materials uploaded by other users of the Services. This information and these materials have not been verified or approved by us. The views expressed by other users of our Services do not represent our views or values.

We are committed to ensuring that listed items and content on our Site comply with these Terms of Use. If you believe that a listed item or content breaches these Terms of Use, please notify us on the details in clause 12.12 and we will investigate.

We are not responsible for any complaints or disputes about products and/or services provided by any application or third party through which you accessed our Services. You should settle these complaints or disputes with the application provider or third party directly.

Your Consent: To the extent permitted by applicable law, you consent to use electronic signatures and to electronically receive all records, notices, statements, communications, and other items for all services provided to you under this Agreement and in connection with your relationship with us (collectively, “Communications”) that we may otherwise be required to send or provide you in paper form (e.g., by mail). By accepting and agreeing to this Agreement electronically, you represent that: 

1. you have read and understand this consent to use electronic signatures and to receive Communications
2. you satisfy the minimum hardware and software requirements specified below; and
3. your consent will remain in effect until you withdraw your consent as specified below.

Your Right to Withdraw Your Consent: Your consent to receive Communications electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further Communications electronically at any time at www.dapi.com/contact-us. If you withdraw your consent to receive Communications electronically, we will close your Account and return your remaining Account balance as set forth in this Agreement, and you will no longer be able to participate in the Program, except as expressly provided in this Agreement. Any withdrawal of your consent to receive Communications electronically will be effective only after we have a reasonable period of time to process your withdrawal. Please note that your withdrawal of consent to receive Communications electronically will not apply to Communications electronically provided by us to you before the withdrawal of your consent becomes effective.

Hardware and Software Requirements: In order to access and retain Communications provided to you electronically, you must have:

1. a valid email address; 
2. a computer or other mobile device (such as tablet or smartphone) that operates on a platform like Windows or a Mac environment;
3. A connection to the Internet; 
4. a Current Version of Internet Explorer 8 (or higher), Mozilla Firefox 7.0,Safari 5, or Chrome 15; 
5. a Current Version of a program that accurately reads and displays PDF files, such as Adobe Acrobat Reader version 7 or higher; 
6. a computer or device and an operating system capable of supporting all of the above; and 
7. a printer to print out and save Communications in paper form or electronic storage to retain Communications in an electronic form. “Current Version” means a version of the software that is currently being supported by its publisher.

Copies of Communications You should print and save and/or electronically store a copy of all Communications that we send to you electronically.

Paper Delivery of Communications: You have the right to receive Communications in paper form. To request a paper copy of any Communication at no charge, please write to:

2261 Market Street #4838 San Francisco, CA 94114 within 180 days of the date of the Communication, specifying in detail the Communication you would like to receive. For the avoidance of doubt, requesting a paper copy of any Communication, in and of itself, will not be treated as withdrawal of consent to receive electronic Communications.

Address or Name Changes: You are responsible for notifying us of any change in your name, physical address, mailing address, email address, or phone number. Requests for address or name changes may be subject to additional verification requirements.

We will attempt to communicate with you only by use of the most recent contact information you have provided to us. You agree that any notice or communication sent to you at an address noted in our records shall be effective unless we have received an address change notice from you.

We cannot accept responsibility for any email messages not received by you or for any delay in the receipt or delivery of any email notification. If you make your email account available to any other individual, you agree that you are responsible for any release of any Account information to such individual.

Dispute Resolution: If you have an issue with our Services, please contact us on support@dapi.com We will endeavor to resolve your issue as soon as possible. 

Third Party Rights: A person who is not a party to these Terms of Use has no right to enforce any of its term.

‍Relationship of the Parties: Nothing contained in these Terms of Use will be deemed or construed by the parties or any third party to create the relationship of partnership or joint venture between the parties, it being understood that the parties will at all times remain independent parties contracting for Services.

‍Further Assurances: The parties will do and execute or arrange for the doing and executing of each necessary act, document and thing reasonably within its power to implement and give effect to these Terms of Use to its full extent, including, without limitation, assisting each other in complying with applicable law.

‍Assignment: These Terms of Use will be binding upon and enure to the benefit of the parties and their respective successors and permitted assigns. You agree that you will not assign or transfer these Terms of Use or any of your rights or obligations under these Terms of Use, whether directly or indirectly, without first obtaining our prior written consent, such consent not to be unreasonably withheld.

‍Entire Agreement: These Terms of Use and the documents referred to or incorporated herein by reference contain the entire agreement between the parties with respect to the subject matter and supersede all prior agreements, negotiations and representations, written or oral, relating to its subject matter. Except as provided in these Terms of Use and the documents referred to or incorporated into these Terms of Use by reference, there are no conditions, representations, warranties, undertakings or agreements between the parties whether direct, indirect, collateral, express or implied.

Amendment: These Terms of Use cannot be modified, varied, amended or supplemented in any way by you. We reserve the right to modify, vary, amend or supplement these Terms of Use at any time and from time to time. We will post the current version of these Terms of Use on the Site and each such change will be effective upon posting on the Site or upon the date designated by us as the “effective date” (if any). Your continued use of the Services following any such change constitutes your agreement to be bound by and its acceptance of these Terms of Use as so modified.

‍Severability: If any provision of these Terms of Use is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and the remaining provisions will continue in full force and effect so long as the economic or legal substance of the transactions contemplated hereby is not affected in any manner materially adverse to either of the parties.

‍Force Majeure: Neither party will be liable for any loss or damage or for any delay or failure in performance due to acts beyond the control of such party whether or not such acts could reasonably be anticipated (including without limitation acts of God, legislative, judicial or regulatory acts of any provincial or the federal government, court or regulatory authority, acts of any of our subcontractors or any third party providers of goods or services to us, labour disruptions, blackouts, embargoes, epidemics, pandemics).

‍No Waiver: Any waiver by us of any of the provisions of these Terms of Use will not constitute a waiver of any other provision (whether similar or not), nor will any such waiver constitute a continuing waiver of that particular provision, unless expressly provided by us in writing.

‍Communications: These Terms of Use are issued and concluded in English. Communications between us will be in English and will be conducted by letter, phone or email using the most recent details that you have provided to us. You may contact us at the below details:Address: 14-101, Al Khatem Tower, Abu Dhabi Global Market Sq. United Arab EmiratesEmail: hello@dapi.com

‍Survival: The following clauses, and provisions referred to by such clauses, shall survive the termination or expiry of these Terms of Use together with any other provisions which by their nature or are expressed to survive the expiry or termination or are intended or required to give effect to the expiration or termination of these Terms of Use: clauses 6 (Intellectual Property Rights), 7 (Confidential Information), 8 (Warranties, Representations and Undertakings), 9 (Liability and Indemnities), 10 (Suspension and Termination of your Membership), and 12 (General).

‍Professional Advice: Any information or data contained in or made available through the Services is provided for informational purposes only. Such information or data is not a substitute for the services of qualified professionals. We do not give professional advice and are not in the business of providing legal, financial, accounting, taxation or other professional services or advice. You should take independent financial or other advice from a qualified professional regarding any information or data contained in or made available through the Services.

‍Export Restrictions: The Services may be subject to the export control laws of, trading embargoes or other trading restrictions imposed by the United States, United Kingdom, European Union and/or the United Nations. You acknowledge that none of the Services may be downloaded or otherwise exported or re-exported, directly or indirectly into any countries that are subject to U.S., UK, EU, United Nations sanctions or other sanctions applicable to the export or re-export of goods and/or service.

‍Audit: We shall have the right to audit your compliance with these Terms of Use on giving fourteen (14) days’ written notice to you, unless such audit is required:

1. for reasons of actual or suspected fraud, criminal activity or failure to comply with applicable law;
2. by a regulator;
3. orfor reasons of actual or suspected non-compliance by you with your security obligations under these Terms of Use,in which case such audits may be at any time and without restriction.

Our two financial APIs let fintech apps process the following types of information:

1. personal information:
   i. name
   ii. date of birth
   iii. full address(es)
   iv. email address
   v. phone number,
   vi. gender
   vii. any other identity related information identification number
   viii. citizenship
2. payment account information:
   ‍
   i. account type (e.g. current, saving, investment, credit card);
   ii. account name;
   iii. IBAN, account number, sort code, SWIFT;
   iv. currency;
   v. account balance information;
   vi. current balance;
   vii. available balance (credit cards);
   viii. overdraft balance;
   ix. interest rate;
   x. payment due date (credit cards);
   xi. next closing date (credit cards);
   xii. minimum payment due (credit cards);
   xiii. information on transactions;
   xiv. Time;
   xv. Description;
   xvi. amount; and
   xvii. metadata (arbitrary data that banks associate with a transaction e.g. category).

If you have any questions about this information or how it is used, please see our privacy policy which is available at here