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GENERAL TERMS AND CONDITIONS OF USE FOR CONCILA

These General Terms and Conditions of Use (hereinafter the “General Terms and Conditions”) are a contract between Unnax Payment Systems, SLU (“UNNAX”) and you, the service user (“User”). It applies to the use of the service as indicated below.

When registering to access the service provided by UNNAX, the Client must carefully read and then accept all the terms and conditions in these General Terms and Conditions of Use, which is understood as a “Framework Agreement”.

1. Purpose

The purpose of these General Terms and Conditions is to govern the treasury management service (“Service”) provided by UNNAX through the Treasury Management Software Platform (hereinafter “Concila”), which can be accessed via: https://app.concila.io/signup

1.1. Service Description.

Concila is a financial tool to facilitate companies’ treasury management by automating repetitive processes. The tool uses the banking APIs (Application Programming Interfaces) of Payment Service Providers regulated pursuant to the Second Payment Services Directive (PSD2), to connect to the user company’s bank accounts and facilitate management from a centralised control panel.

The tool uses the account aggregation system provided directly by UNNAX’s trusted payment service providers to extract and present the company’s banking details in an easier-to-handle format. Moreover, it uses the payment initiation system offered directly by payment service providers – authorised by the competent national authority – to allow the user to issue bank transfers through a dedicated interface.

The UNNAX payment service providers connect to the respective bank accounts by using the banking APIs provided under PSD2 and pursuant to the Strong Customer Authentication (SCA) policy. On connecting to the user account, the system generates an access token which is valid for 90 days. It is used to update bank details shown on the control panel in real time. Once the token expires, the user must login again to stay connected to the bank account.

1.2. Acceptance of the General Terms and Conditions and, where applicable, the Specific Terms and Conditions
By accessing Concila, users accept these General Terms and Conditions. As a result, we ask users to carefully read them before using the information or services accessible through this Platform. If you do not accept these General Terms and Conditions, please do not use Concila or its content.
Some of the related services can be subject to specific terms and conditions, which Concila can indicate at any time. These conditions can supplement, amend or replace these General Terms and Conditions, where applicable. Hereinafter, any of the aforementioned terms and conditions or any other specific condition for other Services offered through Concila at any time will be referred to as “Specific Terms and Conditions”.
Moreover, UNNAX informs users that these General Terms and Conditions, as well as any Specific Terms and Conditions, where applicable, might be updated or amended at any time without prior notice. As a result, users must read and accept any new version of the General Terms and Conditions and, where applicable, the Specific Terms and Conditions.

1.3. Capacity
By accepting these General Terms and Conditions, the user declares that (i) they have full capacity to act, (ii) they have read and understood these terms and conditions in full and (iii) they accept the terms and conditions expressly and unreservedly.

2. Price of services and payment terms
2.1. If the service offered by UNNAX requires users to pay a price to use and enjoy them, the user undertakes to pay UNNAX this price (hereinafter the “Price”), fulfilling all payment terms and any other requirements indicated for these payments.
2.2. UNNAX will have no obligation to provide the service if the user has not paid the Price in full or does not fulfil the General Terms and Conditions or the Specific Terms and Conditions of the Services.
2.3. If the user fails to comply with their obligations regarding the Price, the General Terms and Conditions or the Specific Terms and Conditions of the Services, UNNAX reserves the right to suspend the service or cancel the contract with the User.

3. UNNAX’s liability with regards to the information on Concila
3.1. Operation of Concila
UNNAX endeavours to make sure that Concila works correctly, avoiding errors or resolving them where applicable, and keeping Concila content duly updated. Nevertheless, UNNAX does not guarantee the availability or continued access to Concila, nor does it guarantee that its content is free of errors or always kept updated. The user accepts the foregoing and undertakes to take the utmost care when accessing and using Concila or its content, the information and the Services which are made available.
3.2. Changes to Concila information
UNNAX reserves the right to change, remove or update information on Concila, its configuration or presentation, at any time and without prior notice required.
3.3. Concila Content
The user undertakes to not use the content available on Concila at any time for a purpose which could infringe a standard, or which could be considered unethical or contrary to decency or the image and professional reputation of UNNAX or its employees.
UNNAX will not be held liable for the consequences which could arise from misuse of this content or user negligence.
3.4. Use of the information on Concila
Users who access Concila and who use any information or services which can be accessed through it do so at their own risk. As a result, UNNAX will not be held liable for damages which could arise, either directly or indirectly as a result of accessing or using the information on Concila.
Moreover, UNNAX will not be liable for damages caused to user software or hardware due to accessing or using Concila.
3.5. UNNAX liability waiver for damages
In addition to the foregoing, and to the extent permitted by law unless stated otherwise in the remainder of the General or Specific Terms and Conditions, UNNAX will not be held liable under any circumstances for personal, accidental or special damages, whether caused directly or indirectly. This includes any damage due to loss of profit, loss of employment or failure to obtain employment, loss of data, interruption of business or any other commercial damage or loss related to the use or inability to use the Services, without limit and regardless of the cause and theoretical liability (whether contractual, non-contractual or any other type), even if the user has been warned of the possibility of these damages.

4. User liability
4.1. The user is aware and voluntarily accepts that they use the Services at their own risk, therefore they will be liable for any damages incurred by UNNAX as a result of not complying with any of the obligations which are applicable in view of these General Terms and Conditions, any Specific Terms and Conditions, the Privacy Policy or applicable legislation in terms of use of the services.

5. Link policy
5.1. UNNAX will not be held liable for the connection or content of hyperlinks to external websites, nor does their existence imply that it guarantees, promotes or recommends the linked websites.

5.2. Moreover, any third party which intends to include a hyperlink to a UNNAX website must obtain UNNAX’s prior express consent in writing. In any event, UNNAX will not be held liable for the connection or content of third-party hyperlinks.

6. Privacy and commercial communications policy
6.1. These General Terms and Conditions include the UNNAX data processing agreement, available at: https://www.unnax.com/en/data_processing_agreement, when the General Data Processing Regulation (GDPR) is applicable to the use of UNNAX services for the purposes of processing Client Data.
6.2. Moreover, if the user provides their email address, the UNNAX Commercial Communications Policy shall apply, so we can keep them duly informed about UNNAX activities and services.

7. Industrial & Intellectual Property
7.1. All Concila content (which includes, amongst others, databases, images, photographs, patents, industrial and utility models, drawings, diagrams, text files, audio, video and software) is the property of UNNAX or its content providers which have granted or licensed it to UNNAX, and it is protected by Spanish or international industrial and intellectual property laws. The compilation (understood as gathering, design, provision and assembly) of any Concila content is the exclusive property of UNNAX and it is protected by applicable industrial and intellectual property laws.
7.2. All software used to use and develop Concila is the property of UNNAX or its software providers and it is protected by industrial and intellectual property laws.
7.3. Trademarks, labels, distinctive signs and logos which appear on Concila are the property of UNNAX or its content providers and they are duly registered or in the process of registration. The names of other products, services and companies which appear in this document or on Concila could be trade names or other distinctive signs registered by their respective legal owners.
7.4. All text, images, videos or audio content is the property of UNNAX or its content providers. It is prohibited for users or third parties to modify, copy, alter, reproduce, adjust or translate it without the express consent of the content’s owners.
7.5. Including databases, images, photographs, patents, industrial and utility models, drawings, diagrams, text files, audio, video and software owned by UNNAX or its content providers in Concila does not imply, under any circumstances, that the ownership of these elements is transferred to the user, nor that the user is entitled to use them for a purpose other than their legitimate use in accordance with the Services.
7.6. It is strictly prohibited to use Concila content for any purpose without UNNAX consent, including the use, reproduction, dissemination, transformation, distribution, transmission by any means, publication, display, public disclosure or total or partial subsequent representation. If the content was used for these purposes, this would constitute an infringement of UNNAX’s intellectual property rights which is an offence punishable in current law.

8. User licence for Concila
8.1. UNNAX offers users a free licence to use the Services through Concila, which will be governed by the clauses in this document (hereinafter the “Licence”). UNNAX reserves all other rights which are not expressly granted.
8.2. The licence to use the Services through Concila is a non-transferable licence to use this Platform on any other compatible device which the user owns or controls, pursuant to the usage rules indicated in these General Terms and Conditions. This Licence does not allow users to use Concila through other devices which the user does not own or control, and the users cannot make Concila available on a network to be used by multiple mobile devices at the same time.
8.3. The user may not rent, lease, make available, sell, redistribute or sub-license Concila. The user may not copy, disassemble, reverse engineer, attempt to obtain source code, amend or create derivative projects based on Concila, any of its updates or any part of the same (unless and if any of the previous restrictions are prohibited by applicable law, or if the user licence terms allow it for any of the open source components included in the Licence). Any attempt to do so will constitute an infringement of UNNAX’s rights. If the user does not comply with these restrictions, this could entail legal action and the user might be required to pay compensation for damages. The Licence terms will also govern any update provided by UNNAX which replaces and/or supplements the Services, unless this update includes a separate licence, in which case the terms of that licence shall apply.
8.4. The Licence will remain in force until it is cancelled by the user or by UNNAX. The rights granted in view of this Licence will end without prior notice if the user does not comply with the provisions of the General Terms and Conditions, the Specific Terms and Conditions or the Privacy Policy. Once the Licence is terminated, the user must stop using Concila and destroy or uninstall all complete or partial copies thereof.

9. Access to Concila from mobile devices
9.1. Everything established in these General Terms and Conditions will apply to users who access the Platform from a mobile phone, other mobile devices or any computer equipment which allows access to Concila at any time.
9.2. In this regard, users are informed that UNNAX does not charge users to access Concila content or services from a mobile device, but the user’s telephone network operator might apply any rate applied to sending and receiving data.
9.3. UNNAX will not be held liable for any restrictions which the telephone network operator might impose, preventing usual access to Concila content or services.

10. Cancellation and void clauses
10.1. If any term or clause in the General Terms and Conditions or Specific Terms and Conditions is declared partially or fully null or void, this cancellation will only affect the provision or part declared null or void. All the other conditions or clauses will remain applicable, and the affected provision or part will be considered null and void, unless it is required that they are all applied together.

11. Applicable law and jurisdiction
11.1. Access and use of the Services will be governed and interpreted in accordance with Spanish law.
11.2. Any dispute which arises between UNNAX and the user will be referred to the Courts of the city of Barcelona (Spain), and users must waive any other applicable jurisdiction.

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