1. CONTENT OF THE SERVICE

1.1 As a part of the Account Information Service, the Service Provider shall make an inquiry/inquiries on the basis of the Consent given by the Client for obtaining the Client’s current account statements to Partner companies, to whom the Client has given their consent for obtaining their current account statements. The Client may give the Consent directly to the Service Provider or to the Service Provider via a Partner.

1.2 The Service Provider shall gather the current account statements of the Client only from such Partner or Partners, to whom the Client has given a Consent for requesting the current account statements and only from such current accounts, for which the Client has given the Consent for requesting the account statements. The Client’s Consent shall be valid for up to 90 days.

1.3 The Client has a right to withdraw the Consent at any time. If the Client has given the Consent to the Partner, the Client shall contact the Partner to withdraw the Consent. In order to withdraw the Consent given directly to the Service Provider, the Client shall send a relevant expression of will to the Service Provider using the above contact details. 

1.4 After having obtained the current account statements, the Service Provider shall aggregate the data obtained on the Client under the Consent, shall process the obtained data and perform data analysis (profiling). 

1.5 The data analysis includes aggregation of the Client’s accounts, classification of the obtained data and analysing the Client’s behaviour based on the obtained data. Data analysis involves processing of Personal Data by automated means. The purpose of the data analysis is to assess the Client’s creditworthiness and payment history. 

1.6 After analysing and aggregating the Client’s data, the Service Provider shall forward the data aggregated and analysed under the Client’s Consent to a Partner or Partners, to whom the Client has given their Consent for forwarding the data.

1.7 Based on the data distributed to the Partner by the Service Provider, the Partner can make a credit decision concerning the Client.

3.3. Access to the Portal shall be granted after identification of the Client by using the ID-card or the bank link or the log-in credentials.

3.4. The Client shall have all the rights in connection with processing their data, arising from the applicable legislation regulating the personal data protection. Upon processing the Client’s personal data, the Service Provider’s terms and conditions for personal data processing shall apply, which are available at https://accountscoring.com/public/terms-and-conditions/.

4. LIABILITY OF THE PARTIES

4.1. If the Service Provider has provided the Client access to the Platform via username and password, the Client shall ensure safe keeping of the username and password. The Client is liable for ensuring that unauthorised persons will not get access to the Platform with their log-in credentials.

4.2. The Service Provider shall do its best to ensure that the Platform and its content and the Account Information Service are available 24/7.

4.3. The availability of the Account Information Service and the Platform may be limited or interrupted during regular maintenance works or testing arranged by the Service Provider, of which the Service Provider is not obligated to notify in advance.

4.4. The Service Provider shall not ensure or guarantee that the Platform is always compatible with each hardware and software used by the Client, is always available or available at a certain moment of time, is always functioning without interruptions and is always protected against viruses, malfunctions or hacking and other intrusion reducing the security. The Service Provider shall offer the Platform, its content and/or functions on the “as is” and “as available” principle.

4.5. The Service Provider shall not be responsible for the functioning of the Platform or for the delays in providing the Account Information Service or for the damage, resulting from obstacles which are beyond reasonable control of the Service Provider, which the Service Provider was not able to reasonably consider and the consequences of which could not have been be reasonably avoided or overcome (‘force majeure’). Such delays or damages include inter alia the problems, errors and interruptions in the third-party software and devices, also for example a war, riots, natural phenomena, strikes, interruptions in communications services, power outage, cyber-attacks, activities of authorities or other circumstances beyond the control of the Service Provider, which the Service Provider was not able to influence and which it could not reasonably have been expected to avoid based on the principle of reasonability.

4.6. The Service Provider is not acting as a creditor. The Service Provider is not liable to the Client or third persons for using the services of the Service Provider by the Client and the consequences of the related activity, i.e. for the consequences relating to granting of the credit.

4.7. The Service Provider shall not be liable, if based on the data analysis performed during the Account Information Service the Partner makes a credit decision concerning the Client, which is either adverse or unsuitable for the Client.

5. FEE

5.1. Using the Account Information Service and the Platform shall be free of charge for the Client. The Service Provider retains the right to establish at any time a fee for using the Account Information Service. We shall notify of the establishment of a fee at least 2 months in advance thereof.

5.2. The Client has a right to terminate the Contract, if it does not agree to the obligation to pay the fee.

6. VALIDITY OF AND WITHDRAWAL FROM THE CONTRACT

6.1. The Service Provider has a right to change the Terms and Conditions at any time on an objective justification (e.g. if the costs in relation to providing the service, the maintenance costs of the Portal change, the Service Provider wants to change the Portal or the components or functionalities of the services offered, or on any other objective grounds), by publishing the amended Terms and Conditions on the Website or by informing of the amendment by e-mail 2 months in advance.

6.2. The Contract is entered into without a term. The Client has a right to terminate the Contract at any time by serving the Service Provider 30 days in advance notice.

6.3. A natural person, who does not conclude the Contract in their economic and professional activity (hereinafter the consumer), shall be entitled to withdraw from the Contract within 14 calendar days as of entry into the Contract. In order to withdraw from the Contract, the Client shall submit to the Service Provider an unequivocal application for withdrawal. The consumer may withdraw from the Contract by using the form of application for withdrawal provided as Annex 1 to the Contract.

7. OTHER PROVISIONS

7.1. The Platform and the intellectual property rights of its entire content shall belong to the Service Provider. Including, but not limited to, the Service Provider owns the design, graphical solutions, images, text, code, domain name of the Platform and other copyrights, business names, trademarks and other intellectual property. By granting access to the Account Information Service and the Platform, the Client will obtain the right to use the Service only pursuant to the manner as set out in the Terms and Conditions.

7.2. Communication between the Service Provider and the Client shall take place in Estonian. The Contract shall be governed by the law of the Republic of Estonia. Disputes arising from the Contract shall be resolved by negotiations. If an agreement is not reached, the disputes shall be resolved in Harju County Court, except for if the Client has the right to recourse to the court of the jurisdiction of their residence. The consumer has the right to file a complaint also by using the online ODR platform at the address http://ec.europa.eu/odr.