User Agreement

This agreement was originally written in Danish. To the extent any translated version of this agreement conflicts with the Danish version, the Danish version controls.

Statement of Rights and Responsibilities

This User Agreement or Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with NewBanking, as well as NewBanking brands, products and services, which we call the “NewBanking Services” or “Services”. By using or accessing the NewBanking Services, you agree to this User Agreement, as updated from time to time in accordance with Section 13 below. Additionally, you will find resources at the end of this document that help you understand how NewBanking works.

1. Privacy

Your privacy is very important to us. We designed our Privacy Policy to make important disclosures about how you can use NewBanking to share your information with others and how we collect and can use your content and information. We encourage you to read the Privacy Policy, and to use it to help you make informed decisions.

2. Sharing Your Content and Information

You own all of the content and information you share with NewBanking and third parties, and you can control how it is shared.

Grant permission (consent) for sharing: You are granting your permission (consenting) to your content and information when you choose to share it with a third party. This consent is valid until you explicitly choose to withdraw it, the time limit for the consent has expired or the agreement under which is was made is terminated. NewBanking will, after the explicit consent from you, grant third parties access to your personal information, including access to the specific documents used for the verification of your identity. NewBanking recommends the third parties not to locally store the documents, however, NewBanking cannot be held reliable for any third partys action or potential mishandling of your content and information. This is the sole responsibility of the third party, which you grant permission to see and use your content and information.

Withdrawal of consent for sharing: If you choose to withdraw your consent, then NewBanking will inform the third parties of your decision and your request of them to delete and cease using your content and information. NewBanking will close the particular access that the third party had for your content and information. NewBanking cannot be held reliable for any third parties’ action before or after the withdrawal of consent. NewBanking can also not be held reliable if the third parties choose to not delete your content and information, this is at the sole responsibility of the third parties. Note that even after withdrawal of your consent legislation, such as Anti-Money Laundering laws, might impact and extend the duration for which third parties, or NewBanking, will retain access to your content and information. Withdrawing consent for a third party access to your content and information will not have an influence on your relationship with NewBanking.

Withdrawal of consent for NewBanking: You will have to shut down your account, if you wish to withdraw consent for NewBanking. The NewBanking platform cannot function without permission to see and use your data and you therefore have to close your account in such a situation. Note that closing your NewBanking account includes withdrawing consent for all third parties connected to the NewBanking platform which may have serious consequences for your relationsship with the companies in question.

3. Safety

We do our best to keep NewBanking safe, but we cannot guarantee it. We need your help to keep NewBanking safe, which includes the following commitments by you:

  • You will not upload viruses or other malicious code.
  • You will not solicit login information or access an account belonging to someone else.
  • You will not use NewBanking to do anything unlawful, misleading, malicious, or discriminatory.
  • You will not do anything that could disable, overburden, or impair the proper working or appearance of NewBanking, such as a denial of service attack or interference with page rendering or other NewBanking functionality.
  • You will not facilitate or encourage any violations of this User Agreement or our policies.

4. Registration and Account Security

NewBanking users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

  • You will not provide any false personal information on NewBanking, or create an account for anyone other than yourself without permission.
  • You will not create more than one personal account.
  • If we disable your account, you will not create another one without our permission.
  • You will not use NewBanking if you are under the age of 16.
  • You will keep your contact information accurate and up-to-date.
  • You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.

5. Protecting Other People’s Rights

We respect other people’s rights, and expect you to do the same.

  • You will not take any action on NewBanking that infringes or violates someone else’s rights or otherwise violates the law.
  • We can remove any content or information you post on NewBanking if we believe that it violates this User Agreement or our policies.
  • You will not post other people’s identification documents or sensitive financial information on NewBanking.

6. Special Provisions Applicable to Software

If you download or use our software, such as a stand-alone software product, an app, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates and additional features from us in order to improve, enhance, and further develop the software.

You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.

7. Amendments

We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services.

If we make changes to policies, guidelines or other terms referenced in or incorporated by this User Agreement, we may provide notice on the NewBanking.com.

Your continued use of the NewBanking Services, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

8. Termination

If you violate the letter or spirit of this User Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of NewBanking to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.

9. Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this User Agreement or NewBanking exclusively in Denmark, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of Denmark will govern this User Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.

If anyone brings a claim against us related to your actions, content or information on NewBanking, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on NewBanking and are not responsible for the content or information users transmit or share on NewBanking. We are not responsible for the conduct, whether online or offline, of any user of NewBanking.

We try to keep NewBanking up, bug-free, and safe, but you use it at your own risk. We are providing NewBanking as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that newbanking will always be safe, secure or error-free or that NewBanking will always function without disruptions, delays or imperfections. NewBanking is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this user agreement or newbanking, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this user agreement or newbanking will not exceed the greater of one hundred dollars ($100) or the amount you have paid us in the past twelve months. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, newbanking liability will be limited to the fullest extent permitted by applicable law.

10. Special Provisions Applicable to Users Outside the European Union

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with NewBanking outside the European Union:

  • You consent to having your personal data transferred to and processed in the European Union.
  • You will not use NewBanking if you are prohibited from receiving products, services, or software originating from the European Union.

11. Definitions

By "NewBanking" or "NewBanking Services" we mean the features and services we make available, including through (a) our website at www.NewBanking.com and any other NewBanking branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; (c) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. NewBanking reserves the right to designate, in its sole discretion, that certain of our brands, products, or services are governed by separate terms and not this SRR.

By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from NewBanking or provide data to us.

By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with NewBanking.

By "content" we mean anything you or other users post, provide or share using NewBanking Services.

By "data" or "user data" or "user’s data" we mean any data, including a user’s content or information that you or third parties can retrieve from NewBanking or provide to NewBanking through Platform.

By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

12. Other

This User Agreement is an agreement between you and NewBanking ApS. References to “us,” “we,” and “our” mean NewBanking ApS.

This User Agreement makes up the entire agreement between the parties regarding NewBanking, and supersedes any prior agreements.

If any portion of this User Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this User Agreement, it will not be considered a waiver.

Any amendment to or waiver of this User Agreement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this User Agreement to anyone else without our consent.

All of our rights and obligations under this User Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.

Nothing in this User Agreement shall prevent us from complying with the law.

This User Agreement does not confer any third party beneficiary rights.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing NewBanking.

By using or accessing NewBanking Services, you agree that we can collect and use such content and information in accordance with the Privacy Policy as amended from time to time.

To access the User Agreement in several different languages, change the language setting for your NewBanking session by clicking on the language link in the left corner of most pages. If the User Agreement is not available in the language you select, we will default to the English version.

Date of Last Revision: October 1, 2017

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