Viber Terms and Conditions
1. SCOPE OF THE TERMS
Services provided to you
These Terms (“Agreement”) is a legal agreement between:
Rapyd Europe hf. (“Rapyd”, “Us”, or “We”) a company registered in Iceland under company number 430602-3650 whose registered office is at Suðurlandsbraut 30, 108 Reykjavik, and you (“you”, “your”, or “user”) who registered with Viber Media S.àr.l., a company registered under the laws of the Grand Duchy of Luxembourg under company number B184956 whose registered office is at 2 rue du Fossé, L-1536 Luxembourg (“Viber”) which is the owner of the calls and messages app called Viber (“Viber App”).
You have registered with Viber to receive the following financial services offered by Rapyd through the Viber app (“Services” and each, a “Service”):
- E-wallet: creation of a cloud based e-wallet through which you will be able to add funds from a card and easily transfer or receive payments from other wallets;
- IBAN (International Bank Account Number): your own IBAN number to send or receive money from other bank accounts or cards;
- Card linking to the E-wallet: you will be able to save your card details within your designated e-wallet, and use the saved card for future top ups and payment initiations;
- Sending Funds Via Bank transfers: sending funds from the Viber wallet to other (supported) bank accounts; and
- Push to Card: sending funds from the Viber wallet to a supported card. Such Service is provided by the card schemes (i.e. Mastercard and Visa) and is subject to the card schemes terms and availability.
(All Services are subject to availability).
This Agreement describes the terms and conditions that apply to your use of the Services. Specific Rapyd terms and conditions may apply for specific Services or payment methods.
Rapyd works with various licensed partners, connectors and networks (“Partners”) to assist with delivery of the Services that Rapyd provides to you. However, in all cases it will only be Rapyd who will render the Services to you. Availability of a payment method or other Services may vary by geography. Your location may thus affect the range of payment methods or Services we are able to offer you.
Rapyd may add or remove payment methods at any time. If Rapyd removes a payment method, Rapyd will provide you with notice, through Viber, prior to the removal becoming effective for you, except where Rapyd is required by a third party (such as the payment method provider) to cease offering the payment method.
Terms applicable to the services
You acknowledge and agree that to access or use any Services you must abide by all the terms and conditions in this Agreement and other Rapyd terms and conditions that may apply to specific Services provided to you.
You are responsible to read and familiarize yourself with all the Rapyd terms that apply to the Services or payment methods. Please review all terms regularly in order to ensure that you are aware of, and comply with, the applicable requirements. If you are not clear on which terms may apply or you do not understand any terms, please either seek professional advice or contact us through Viber.
2. ESTABLISHING AND MAINTAINING YOUR ACCOUNT
A personal account is for sending and requesting money from personal use and to pay for online purchases. Personal accounts are not meant for business or commercial purposes.
Electronic Money Account
Your Account is a payment account that holds your e-money. It may hold e-money in different currencies at the same time. E-money is an electronic alternative to cash. If you or someone else gives us money, we’ll issue an equivalent value of e-money in the currency you or the other person chooses. We’ll store the e-money in your Account and other people will accept it as payment. When you make payments to external accounts the e-money is redeemed at its nominal value.
You agree that funds held by us on your behalf are not deposits and you will not earn any interest on any e-money in your Account. If we issue e-money to you, we will safeguard your funds in accordance with regulatory requirements applicable to us.
In these terms and conditions, we use ‘money’ to refer to e-money.
Opening an Account
Eligibility to open an Account
You must be at least 18 years of age to open an Account.
Establishing and maintaining an account with Rapyd
Until you have submitted, and we have reviewed and approved, all required information, your Account may only be available to you on a preliminary basis only, and we may terminate it at any time and for any reason, and take actions provided for in this Agreement.
You must provide us information, documentation, data, etc., necessary for us to comply with our due diligence obligations to identify you. At any time during the term of this Agreement and your use of the Services, we may require updated or additional information from you to verify your identity.
Information from third-parties
You authorise us to retrieve information about you from our service providers and other third parties, including credit reporting agencies and information bureaus and you authorise and direct such third parties to compile and provide such information to us. You acknowledge that this may include your name, addresses, credit history, and other data about you. You acknowledge that in some cases, such information may lead to suspension or termination of your Account. Rapyd may periodically update this information as part of our underwriting criteria and risk analysis procedures.
Maintaining the Account
Compliance with Applicable Laws
You must use the Services in a lawful manner, and must obey all laws, rules, and regulations applicable to your use of the Services and to Transactions (“Applicable Laws”). This may include compliance with domestic and international laws related to the use or provision of financial services, payment services, foreign currency exchange, money transmission, anti-money laundering, counter-terrorist financing, sanctions (such as those administered by the US Department of the Treasury’s Office of Foreign Assets Control) or national equivalents in relevant jurisdiction, privacy and security, consumer protection, false advertising and trademarks and copyright.
Adherence to applicable terms and Rapyd policies and instructions
Keeping your security and details safe
You should take reasonable steps to stop your Account being misused. You must maintain adequate security and control of any and all devices, items, IDs, Rapyd passwords and personal identification numbers / codes that you use to access your Account and the Services.
You must comply with all reasonable instructions we may issue regarding how you can keep your payment instrument safe. We may require you to authenticate any instruction relating to your Account.
You must keep any Rapyd authentication information safe and only share this with third party service providers licensed by applicable law to: (i) Provide account information services to access information about your account on your behalf; (ii) Confirm whether an amount necessary for the execution of a card-based payment transaction is available on your account; or (iii) Provide payment initiation services to initiate payments from your account on your behalf.
Granting permission to any third party to access your account in any way does not relieve you of any of your responsibilities under this user agreement. You are liable to us for the actions that you authorize the third parties to carry out. You will not hold us responsible for, and you will indemnify us from, any liability arising from the actions or inactions of such third parties in connection with the permissions you granted, subject to your mandatory legal rights.
Contact us through the Viber app, as soon as possible, if your Account or security details could be used without your permission.
Communication with you
We’ll usually communicate with you through the Viber app. This is how we will provide account information and tell you about any fraud, or suspected fraud, relating to your account. It is also how we will tell you if there is a security threat to your account. Make sure you regularly check the Viber app for this information. To help keep your account safe, download the latest software for your mobile device and the latest version of the app as soon as they are available.
We may also communicate with you by text message or email, so you should regularly check your text messages and email account.
Your consents, approvals, acceptances and other statements given using the Viber app shall have the same legal validity as your signature on a written document. Your agreements concluded with us via the Viber app shall be deemed to be written agreements concluded between you and us. Any instructions to Rapyd for conducting operations and other actions submitted / executed from you through the Viber app will be treated as submitted / executed by you and valid as actions performed by you.
We will usually communicate with you in English.
Communication with us
Please keep your details up to date and let us know immediately through the Viber App if any information you’ve given us changes. If we discover that any of your information is incorrect we will update it. To meet our legal and regulatory requirements we might sometimes need to ask for more information about you (for example, if your spending increases). Please provide this information quickly so that there is no disruption to your account or our services.
Closing your account
You can close your Account, and so end the agreement, at any time by letting us know. You can do this through Support in the Viber app. If you, or we, close your account, we will give you the opportunity to withdraw the money we hold for you (we call this redemption of e-money). If you want us to send you money in a different currency than the currency we’re holding for you, we will convert the currency using the rate that applies at the time, and take our usual fee, before sending the money to you.
Restrictions on your account
Please act reasonably and responsibly when using the Account. The Account must not be used (directly or indirectly) as follows: (i) for illegal purposes (for example, committing fraud); (ii) in a way that might harm our ability to provide our services; (iii) only to send money to and receive money from a credit card account; (iv) to give Account details to any other person; (v) to allow anyone else to have access to or use your Account .
When can we block your account
The safety of your money is important to us. We might prevent you from making payments from your Account if we’re reasonably concerned about its security or that it might be used fraudulently or without your permission. We might also have to block your Account to meet our legal obligations. We’ll give you a reasonable notice through the Viber app before, or as soon as possible after, we block your Account. We will unblock your Account as soon as the reasons for blocking your account no longer exist.
When can we close your account
We may close or suspend your Account immediately (including the access to the services provided by the other Rapyd group entities), in exceptional circumstances. Exceptional circumstances include the following:
- if we have good reason to suspect that you are behaving fraudulently or otherwise criminally;
- if you haven’t given us (or someone acting on our behalf) any information we need, or we have good reason to believe that information you have provided is incorrect or not true;
- if you’ve broken these terms and conditions in a serious or persistent way and you haven’t put the matter right within a reasonable time of us asking you to;
- if we have information that your use of the Account/ Viber app is harmful to us or our software, systems or hardware;
- if we have good reason to believe that you continuing to use your account could damage our reputation or goodwill;
- if we have asked you to repay money you owe us and you have not done so within a reasonable period of time;
- if you’ve been declared bankrupt; or
- if we have to do so under any law, regulation, court order or regulatory instructions.
We may also decide to close or suspend your account for other reasons. We would contact you through the Viber app at least sixty (60) days before we do this.
Closing your Account and ending the agreement may also end any other agreements you have with us or through us. You can get more information through the Viber app or by contacting us.
If you leave any funds dormant and you do not give us instructions where to send them, we may be required by law to deem the funds to be abandoned by you. To the extent required by law, we will attempt to provide you notice if we hold funds payable to you in an account beyond the applicable dormancy period for abandoned property or under the applicable laws. If we are unable to contact you, we will treat the funds to be abandoned. This may mean we need to deliver them to the appropriate government authority.
3. USE OF OUR ACCOUNT
Adding money to your Account
You can add money to your Account using a debit card or credit card registered with us (we call this your stored card) or by bank transfer. Your stored card must be in your name. When you add money by bank transfer, you must use the account details stated in the Viber app. When we receive the money we will add the equivalent value of e-money to your Account. The account details you must use to add money to your account will depend on the currency of the money you are adding. If you use a stored card or a bank account that is in one currency to add money to your account in another currency, your bank or card provider may charge a fee.
We will consider that you gave us consent and authorized us to execute the transaction once you submit your payment order on the Viber app.
Transferring money between Viber Accounts
You can send money to, and receive money from, other Viber Accounts.
Making other types of payments
You can send money to your or someone else’s bank account. Just enter the sort code and account number (or, for international payments, the BIC and IBAN) of the account you’re sending money to in the Viber app and follow the prompts. We may need to ask for other information as well.
Using your Card
You can also make payments using your stored card. We will consider these actions as you giving consent to make payments.
Keep your currency consistent
It’s important that any payment to your Account is made in the currency of your Account. Otherwise, the payment will be converted to the currency of your Account. This means that your Account might be credited with more or less than you expected.
If you receive funds through a bank transfer or otherwise, in a currency other than the ones on our list of supported wallet currencies, the funds will be converted to EUR. We will identify at the time of the transfer, the conversion rate that will apply to the funds. By receiving the transfer, you will be deemed to have accepted the applicable conversion rate. Changes in exchange rates may be applied immediately and without notice.
We are not responsible for losses where payments are returned in a different currency. Sometimes, money you’ve asked us to transfer to someone is not paid into their account and is returned to us. If we had to carry out a currency exchange when we sent the payment, and can show that we did everything right, when we return the money to you we’ll convert it back to the original currency. This means that the amount you receive back into your Account might be less than the payment you made (or it could be more!). We would not be responsible for any losses that this causes you.
Due to the anti-money laundering and counter-terrorist financing requirements or the limits applied by third parties, we may limit how much you can receive into or pay from your Account. We might also limit the value of currency exchange you can carry out at any one time or over a period of time. These limits can change from time to time.
What happens if a payment was sent to the wrong account, wasn’t sent at all or was delayed?
We’ll always try to process your payments correctly and on time, but sometimes things go wrong and a payment might be delayed or not received by the person you wanted to pay.
If something has gone wrong and:
- the person paying you;
- the bank account you wanted to make the payment into; or
- the retailer you were paying;
is in the EEA, let us know through the Viber app. You need to let us know as soon as possible, and no later than 13 months after the amount was taken from your account.
If the money is not received into the account you sent it to, we’ll refund the payment back into your Account. If you’ve had to pay any charges or interest as a result of our mistake, we’ll refund those too.
If we received a payment on your behalf, but the money was not paid into your account on time, we’ll immediately credit your account with the amount of the payment.
These rules don’t apply to currency exchanges.
Money owed to us – Set-off rights
If your balance becomes negative, for whatever reason (for example, because you do not have enough e-money to cover fees you owe us), you must within 7 (seven) days upon our request to top up your Account with the required amount to correct the negative balance.
If you owe us money, we can take the amount you owe us from any amount we are due to pay to you. If you owe us fees (other than third-party fees for making or receiving a payment) or any other amount, we’ll take the amount you owe us from your Account, in the currency of the country you live in (your base currency). If not enough money in your Account is held in your base currency, we’ll take the equivalent value from money you hold in another currency. If you don’t have enough money in your Account to pay the fees or other amounts you owe us, we might recover the amount in another way, as explained below.
You may be responsible for paying taxes or costs that apply to payments you make or receive through your Account and that we are not responsible for collecting from you. If you owe us money and you don’t top up your account or repay us within seven days, we can recover the amount by: (i) taking the amount you owe us from your stored card; (ii) exercising our right of set-off; or taking other legal steps to recover the money you owe us, such as instructing lawyers or debt collectors. If we take any (or all) of these steps, we might charge you our reasonable costs.
4. USE OF RAPYD TECHNOLOGY
Rapyd has developed and provides access to the Rapyd Technology that may be used to access the Services. The Rapyd Technology may solely be used as for the purposes set out in this Agreement. We reserve the right to update the Rapyd Technology and Documentation from time to time, and may add or remove functionality. We will provide you Notice in the event of material changes so that you may continue using the Services with minimal interruption.
Rapyd Ownership of Intellectual Property – Use of Rapyd IP
As between you and Rapyd, Rapyd and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the API, Services, and Documentation (collectively, “Rapyd IP”) or any copies thereof. Rapyd IP is protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in Rapyd IP not expressly granted to you in this Agreement are reserved.
You may choose to or we may invite you to submit comments or ideas about improvements to the Service, our API, our platform, or any other component of our products or services. If you submit any such comment or idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the idea. You also agree that Rapyd has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your ideas without any attribution or compensation to you.
You are granted a nonexclusive and nontransferable license to electronically access and use the Rapyd IP only in the manner described in this Agreement. Rapyd does not sell to you, and you do not have the right to sublicense the Rapyd IP. We may make updates to the Rapyd IP or new Services available to you automatically as electronically published by Rapyd, but we may require action on your part before you may use the Rapyd IP or new Services (including acceptance of new or additional terms). Rapyd may revoke or terminate this licence at any time if you use Rapyd IP in a manner prohibited by this Agreement.
You may not: (i) claim or register ownership of Rapyd IP on your behalf or on behalf of others; (ii) sublicence any rights in Rapyd IP granted by us; (iii) import or export any Rapyd IP to a person or country in violation of any country’s export control Laws; (iv) use Rapyd IP in a manner that violates this Agreement or Laws; or (v) attempt to do any of the foregoing.
5. CONFIDENTIALITY, DATE USAGE, PRIVACY AND SECURITY
You affirm that you are now and will continue to be compliant with all applicable Laws governing the privacy, protection, and your use of Data that you provide to us or access through your use of the Services.
By entering into this agreement you give us permission to disclose to other entities within the Rapyd group, the following information: (a) the fact that you are our client; (b) the services we provide to you; (c) the account number; (b) your account balance (s); (b) operations performed or being performed on your behalf; (b) your debt obligations to us; (b) circumstances of providing the financial services to you; (b) your financial situation and assets; (b) other personal and commercial information you have provided to us when opening the Account; other (b) your activities, plans, debt obligations or transactions with other persons. The above information would be disclosed in case it is necessary for the performance of financial accounting, audit, risk assessment, or when we use common information systems or technical equipment (servers), or when it is necessary for the provision of services. All of the above we call a “client secret”, which we have to protect as required by the applicable regulations.
Term and Termination
This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or Rapyd. You may terminate this Agreement by closing your Account at any time. If you use the Services again or register for another Account, you are consenting to this Agreement.
We may terminate this Agreement or close your Account at any time for any reason (including, without limitation, for any activity that may create harm or loss to the goodwill of a Payment Method) by providing you advance Notice (the period of notice as required by applicable Law).
We may suspend your Account and your ability to access funds in your Account, or terminate this Agreement, with immediate effect, in the event any of the following occurs:
(i) we determine in our sole discretion that you are ineligible for the Services because of significant fraud or credit risk, or any other risks associated with your Account;
(ii) you use the Services in a prohibited manner or otherwise do not comply with, or breach, any of the provisions of this Agreement or other terms applicable to any Service;
(iii) any Applicable Law, Partner of governmental authority requires us to do so;
(iv) you are in breach of this Agreement or other terms applicable to any Service,
(v) you do not provide us with information required by us under this Agreement, or we believe such information is inaccurate or incomplete;
(vi) You become subject to debt collection action; compulsory winding-up or otherwise ceases trading or commences cessation proceedings, are declared insolvent; become subject to debt relief proceedings; enter into composition proceedings or similar debt relief arrangements, are declared bankrupt; or enter into restructuring proceedings or liquidation; or
(vii) if there is a change in any applicable laws, the effect of which is that Rapyd cannot lawfully provide the Rapyd Service without obtaining additional licenses.
Effects of Termination
Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to: (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) stop using Services
Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you in accordance with this Agreement.
In addition, upon termination you understand and agree that: (i) licenses granted to you by Rapyd under this Agreement will end; (ii) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination.
Disclosures and Notices; Electronic Signature Consent
By registering for an Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from Rapyd (“Notices”), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature.
You agree that Rapyd can provide Notices regarding the Services to you through the Viber app or our website. Notices may include notifications about your Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is posted to you.
Due to the nature of the Services, you will not be able to begin using the Services without agreeing to electronic delivery of Notices. However, you may choose to withdraw your consent to receive Notices electronically by terminating your Account.
Amendments and changes
We have the right to amend the terms and conditions of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services. Any changes will come into effect after 30 calendar days, unless another date is specified in the Notice, and your use of the Services after a change has taken effect, constitutes your acceptance of the terms of the modified Agreement. If you notify us that you do not wish to be subject to the new terms, we will interpret such notification as a termination on your behalf.
In the event of requirement by governmental authorities or others, for reasons related to important security, compliance or risk conditions, or changes to legislation, we may be required to change the Agreement with immediate effect.
You may not assign this Agreement, any rights or licenses granted in this Agreement, or operation of your Account to others without our prior written consent. If we consent to the assignment, the assignee must agree to assume all of your rights and obligations owed by you related to the assignment, and must agree to comply with the terms of this Agreement. Rapyd may assign this Agreement without your consent or any other restriction. If we make an assignment, we will provide a reasonable Notice to you.
No Agency; Third-Party Services
Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us, or with any payment method Provider. Each party to this Agreement, and each payment method Provider and payment method Acquirer, is an independent contractor. Unless a payment method Provider or payment method Acquirer expressly agrees, neither you nor we have the ability to bind a payment method Provider or payment method Acquirer to any contract or obligation, and neither party will represent that you or we have such an ability.
Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement.
Your Liability For Third-Party Claims Against Us
Without limiting, and in addition to, any other obligation that you may owe under this Agreement, you are at all times responsible for the acts and omissions of your employees, contractors and agents, to the extent such persons are acting within the scope of their relationship with you.
You agree to defend Rapyd, our affiliates, and their respective employees, agents, and service providers (each a “Rapyd Entity”) against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against a Rapyd Entity, and you agree to fully reimburse the Rapyd Entities for any Claims that result from: (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use of the Services; (iii) negligent or wilful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and others.
Representations and Warranties
By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us is accurate and complete; (c) any Charges represent a Transaction for permitted products, services, or donations, and any related information accurately describes the Transaction; (d ) you will comply with all Laws applicable to your business and use of the Services; (e ) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Services.
WE PROVIDE THE SERVICES AND RAPYD IP “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY OR GUARANTEE. NO DATA, DOCUMENTATION OR ANY OTHER INFORMATION PROVIDED BY Rapyd OR OBTAINED BY YOU FROM OR THROUGH THE SERVICES — WHETHER FROM Rapyd OR ANOTHER Rapyd ENTITY, AND WHETHER ORAL OR WRITTEN — CREATES OR IMPLIES ANY WARRANTY FROM A Rapyd ENTITY TO YOU.
THE RAPYD ENTITIES DISCLAIM ANY KNOWLEDGE OF, AND DO NOT GUARANTEE: (a) THE ACCURACY, RELIABILITY, OR CORRECTNESS OF ANY DATA PROVIDED THROUGH THE SERVICES; (b) THAT THE SERVICES WILL MEET YOUR SPECIFIC BUSINESS NEEDS OR REQUIREMENTS; (c) THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR WILL FUNCTION IN AN UNINTERRUPTED MANNER OR BE SECURE; (d) THAT Rapyd WILL CORRECT ANY DEFECTS OR ERRORS IN THE SERVICE, API, DOCUMENTATION, OR DATA; OR (e) THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL CODE. USE OF DATA YOU ACCESS OR DOWNLOAD THROUGH THE SERVICES IS DONE AT YOUR OWN RISK — YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM SUCH ACCESS OR DOWNLOAD. YOU UNDERSTAND THAT THE Rapyd ENTITIES MAKE NO GUARANTEES TO YOU REGARDING TRANSACTION PROCESSING TIMES OR PAYOUT SCHEDULES.
NOTHING IN THIS AGREEMENT OPERATES TO EXCLUDE, RESTRICT OR MODIFY THE APPLICATION OF ANY IMPLIED CONDITION, WARRANTY OR GUARANTEE, OR THE EXERCISE OF ANY RIGHT OR REMEDY, OR THE IMPOSITION OF ANY LIABILITY UNDER LAW WHERE TO DO SO WOULD: (A) CONTRAVENE THAT LAW; OR (B) CAUSE ANY TERM OF THIS AGREEMENT TO BE VOID.
Limitation of Liability
Under no circumstances will Rapyd be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or the Rapyd Entities have been advised of the possibility of such damages. Rapyd is not liable, and deny responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorised access or use of the Services, your Account, or Data, or your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. Rapyd further deny responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorised access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.
You agree to limit any additional liability not disclaimed or denied by Rapyd under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to Rapyd during the three-month period immediately preceding the event that gave rise to your claim for damages.
These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.
Responding to Legal Process
This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and Rapyd for provision and use of the Services. Except where expressly stated otherwise in a writing executed between you and Rapyd, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services. This Agreement sets forth your exclusive remedies with respect to the Services. If any provision or portion of this Agreement is held to be invalid or unenforceable , then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect.
Cumulative Rights, Construction, Waiver
The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of its rights or remedies under this Agreement, along with all other rights and remedies available to it at Applicable Law, in equity or under these Terms.
No provision of this Agreement will be construed against any party on the basis of that party being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of that party’s rights to subsequently enforce the provision.
All provisions of this Agreement that give rise to a party’s ongoing obligation will survive termination of this Agreement.
The parties hereby acknowledge that they have required this Agreement and all related documents to be in the English language.
If you have a complaint with the Payment Services we provide, please contact us or the relevant legal entity as listed on our website, rapyd.net. Further information on our Complaints Policy can be found on our website.
For unresolved complaints, you may be entitled to refer to the following website: https://www.rapyd.net/clientlegal-remedies/..
Governing law and Jurisdiction
This Agreement and the rights of the parties hereunder shall be governed and construed in accordance with the laws of Iceland, exclusive of conflict or choice of law rules. Place of jurisdiction is Reykjavik (Iceland).
The Services are provided subject to the supervisory law of Iceland. All Icelandic supervisory law applicable to the Agreement remains unaffected, including all supervisory rights of the Central Bank of Iceland as the supervisory authority. Moreover, the competency of the courts of Iceland regarding supervisory law matters remains unaffected.