Terms of Use
1. General
These Terms of Use (the Terms) govern the use of the ais.eposlovanje.hr service (the Service), provided by PONDI d.o.o., Ostravska 8, 21000 Split, Croatia, OIB (tax ID) 62781739468, registered with the Commercial Court in Split under MBS 060121488 (the Provider). Contact: podrska@eposlovanje.hr.
By ticking the box "I accept the Terms of Use and the Privacy Statement" during sign-up, or when completing the profile after signing in with a Google account, a contract with the content of these Terms is concluded between the Provider and the User. The time of acceptance and the accepted version of the Terms are recorded with the user account.
The Service is intended exclusively for business users — legal entities, sole traders and other persons acting in the course of their business. The Service is not intended for consumers and consumer protection legislation does not apply to it. The person completing the sign-up declares that they are authorised to represent the User and to accept these Terms on its behalf.
2. Definitions
- User — a business entity that has registered a user account with the Service.
- Account Holder — the person whose bank account is connected to the Service; typically a client of the User, or the User itself.
- Requisition — a request for access to the data of one or more accounts at a single bank, together with the consent given by the Account Holder at their bank.
- External Bank Data Provider — a third party through which the Service obtains access to account data held by banks.
- Credits — a prepaid amount on the user account from which the Service fees are charged.
- API key — a secret by which the User's system identifies itself to the Service's programming interface.
3. Description of the Service
The Service is a technical intermediary (an application programming interface — API — and a related web interface) that enables the User's business systems to retrieve bank account data — balances, transactions and basic account details — based on consent which the Account Holder gives directly at their bank and may withdraw at any time.
The Provider does not maintain accounts, does not receive or hold the Account Holder's funds, does not initiate or execute payments, and has no access to the credentials with which the Account Holder signs in to the bank. Balance and transaction data are passed on to the User in the form in which they were delivered by the bank or the External Bank Data Provider; the Provider does not verify, correct, supplement or store them.
The Service and the data obtained through it do not constitute accounting, tax, financial, legal or any other advice. The User alone decides how to use the data and alone bears the consequences of those decisions.
4. Sign-up and user account
- The User must provide accurate and complete information at sign-up and keep it up to date. One business entity (OIB) may hold one user account.
- The User must keep its password and API keys secret. An API key is displayed only once; the Provider does not store it in readable form and cannot deliver it again.
- All actions taken using the User's credentials or API keys are deemed to be actions of the User, who is responsible for them, including any fees arising from them.
- If unauthorised access is suspected, the User must revoke the affected API key and notify the Provider without delay.
5. User obligations
The User undertakes and warrants that it will:
- request access to account data only for accounts whose Account Holder is aware of and agrees to it, and for whose processing the User has a valid legal basis;
- duly inform Account Holders about the processing of their data, including the fact that the processing is carried out with the help of the Service;
- use the Service in accordance with the law, these Terms and the technical documentation;
- take reasonable measures to protect its own systems in which it keeps API keys and data obtained through the Service.
It is not permitted to:
- use the Service for unlawful purposes or to access accounts without the Account Holder's consent;
- circumvent or attempt to circumvent rate limits, security measures or billing mechanisms;
- interfere with the operation of the Service, test its vulnerabilities without the Provider's prior written consent, or load it beyond ordinary use;
- decompile the Service, reverse-engineer its structure or copy it.
6. Prices and payment
- The Service is charged according to the price list published on the Service's home page. On the effective date of these Terms the fee is EUR 1.50 + VAT per month per active Requisition.
- Fees are settled from prepaid Credits. The minimum top-up is EUR 10.00 + VAT. Top-ups may be made by card or by bank transfer to the Provider's account.
- A Requisition renews and is charged monthly until the User deletes it. If the user account does not hold sufficient Credits, the Requisition is not renewed and access to data through it ceases.
- Credits are not electronic money or a deposit, bear no interest, and cannot be transferred to other persons or paid out. Paid Credits are as a rule non-refundable; exceptionally, the Provider may approve a refund of the unused amount upon a reasoned request.
- The Provider issues an invoice for payments in accordance with tax regulations. Fees of banks, card schemes and payment intermediaries are borne by the User.
- The Provider may change the price list by publishing the change on the Service's pages and notifying the User by email at least 15 days before it applies. A change does not affect periods already charged.
7. Availability and changes to the Service
The Provider endeavours to keep the Service available but does not guarantee uninterrupted operation, any particular level of availability or response time. The Service may be temporarily unavailable or limited due to maintenance, upgrades, failures, security reasons or circumstances on the side of third parties.
The operation of the Service depends on banks, the External Bank Data Provider, payment intermediaries and other third parties whose operation the Provider cannot influence. Banks and third parties may at any time change, restrict or discontinue access to data, the scope and history of available data, the duration of consent or the number of permitted retrievals. The list of supported banks is informative and may change without notice.
The Provider may modify, supplement or discontinue individual features of the Service, and may limit the number of requests per User, API key or IP address.
8. Disclaimer of warranties
The Service is provided "as is" and "as available". To the fullest extent permitted by law, the Provider gives no express or implied warranties, including warranties of fitness for a particular purpose, of error-free and uninterrupted operation, of security, or of the accuracy, completeness, currency or timeliness of data obtained through the Service.
9. Limitation of liability
To the fullest extent permitted by law, the Provider is not liable for any damage incurred by the User, an Account Holder or third parties in connection with the use of, or inability to use, the Service, and in particular for damage resulting from:
- software errors, defects or unexpected behaviour of the Service;
- inaccurate, incomplete, delayed, duplicated or unavailable account data;
- unavailability, interruption, slow operation or discontinuation of the Service or any feature;
- acts, omissions, errors or unavailability of banks, the External Bank Data Provider, payment intermediaries, card schemes, sign-in, email, hosting and telecommunications providers and other third parties;
- expiry, withdrawal or refusal of the Account Holder's consent;
- unauthorised access resulting from the User's failure, including loss or disclosure of a password or API key;
- loss of or damage to data;
- business, accounting, tax or other decisions made on the basis of data obtained through the Service;
- force majeure and other circumstances beyond the Provider's reasonable control.
In no event is the Provider liable for lost profit, loss of revenue, business opportunities, reputation or anticipated savings, business interruption, contractual penalties and other obligations of the User towards third parties, or any indirect or consequential damage, regardless of the legal basis of the claim and of whether the possibility of such damage was foreseeable.
If, notwithstanding the above, the Provider is found liable, its total liability on all grounds is limited to the amount of fees actually paid by the User for the Service in the one month preceding the event giving rise to the damage.
These provisions do not exclude or limit liability which under mandatory law cannot be excluded or limited, in particular liability for damage caused intentionally or by gross negligence.
The User acknowledges that the price of the Service and the allocation of risk under this section are mutually dependent, and that the Provider would not provide the Service on these terms without these limitations.
10. Indemnification
The User shall indemnify the Provider for any damage, fine and cost (including reasonable legal fees) incurred by the Provider due to claims of Account Holders, supervisory authorities or other third parties, where the claim results from the User's breach of these Terms or of the law — in particular accessing accounts without a valid legal basis or failing to inform Account Holders.
11. Intellectual property
All rights in the Service, its source code, documentation, design and marks belong to the Provider or its licensors. For the duration of the contract the User acquires a non-exclusive, non-transferable right to use the Service in accordance with these Terms. Account data remain the User's data, or the data of the Account Holders.
12. Confidentiality
Each party shall keep confidential the other party's non-public business, technical and financial information learned in connection with the Service and shall use it only to perform the contract. The obligation does not cover information that is publicly known, that the party lawfully held beforehand, or that it must disclose under the law or a decision of a competent authority. The confidentiality obligation continues for three years after the contract ends.
13. Personal data protection
How the Provider processes personal data is described in the Privacy Statement, which forms an integral part of these Terms.
For data on the user account, billing and the security of the Service, the Provider is the controller. For personal data of Account Holders processed through the Service, the User is the controller and the Provider is the processor. In that respect this section constitutes a data processing agreement within the meaning of Article 28 of the General Data Protection Regulation (EU) 2016/679:
- Subject matter, nature and purpose of processing: establishing and maintaining a connection with a bank account and passing account data on to the User, according to its requests made through the API or the web interface.
- Duration: for the duration of the contract for the use of the Service.
- Categories of data subjects: Account Holders and persons appearing in account transactions.
- Types of data: IBAN, name of the account holder, currency, bank and technical account details (stored); account balance and transactions (passed on only, not stored).
- The Provider processes data only on the User's documented instructions, which consist of these Terms and the requests made through the Service.
- Persons at the Provider who have access to the data are bound by confidentiality.
- The Provider applies appropriate technical and organisational security measures as described in the Privacy Statement.
- The User gives general authorisation to engage sub-processors necessary for the operation of the Service (in particular the External Bank Data Provider). The Provider imposes on them data protection obligations equivalent to these, and informs the User of any intended change of sub-processors; the User may object to the change by terminating the contract.
- The Provider reasonably assists the User in responding to data subject requests and in meeting obligations regarding security of processing, breach notification and impact assessment.
- The Provider notifies the User without undue delay of a personal data breach concerning the User's data.
- Stored Account Holder data are permanently deleted when the User deletes the related Requisition. A Requisition that the Provider has only deactivated (e.g. due to insufficient Credits) keeps those data until the User deletes it. After the contract ends, the Provider deletes any remaining Account Holder data at the User's request, except data it is required by law to retain.
- On request, the Provider makes available to the User the information necessary to demonstrate compliance. On-site audits are possible by prior arrangement, no more than once a year, without disrupting operations or the confidentiality of other users, and at the User's expense.
14. Term, suspension and termination
- The contract is concluded for an indefinite period. The User may stop using the Service at any time and request closure of the user account.
- The Provider may, without prior notice, temporarily suspend or restrict access to the Service if the User breaches these Terms, if misuse or a security risk is suspected, or if so requested by a competent authority, a bank or the External Bank Data Provider.
- The Provider may terminate the contract with immediate effect in the event of a serious or repeated breach of these Terms; in that case unused Credits are not refunded.
- The Provider may also terminate the contract without stating reasons on 30 days' notice; in that case it will refund unused Credits to the User.
- Provisions which by their nature are intended to survive termination (in particular sections 8 to 12 and 16) remain in force.
15. Changes to the Terms
The Provider may amend these Terms. Amendments are published on this page, and the User is notified of material amendments by email at least 15 days before they take effect. A User who does not agree with the amendments may terminate the contract before they take effect; continued use of the Service thereafter constitutes acceptance of the amended Terms.
16. Governing law and disputes
These Terms are governed by the law of the Republic of Croatia. The parties will seek to resolve disputes amicably; failing that, the court in Split having subject-matter jurisdiction shall be competent.
17. Final provisions
- If any provision of these Terms proves void or unenforceable, this does not affect the validity of the remaining provisions; such a provision applies to the fullest extent permitted by law.
- These Terms, together with the Privacy Statement and the published price list, constitute the entire agreement between the parties on the use of the Service.
- Notices to the User are sent to the email address of the user account, and to the Provider at podrska@eposlovanje.hr.
- The User may not assign the contract without the Provider's consent.
- The Terms are drawn up in Croatian and English; in the event of any discrepancy the Croatian version prevails.