Legal
Terms of Use
These Terms of Use (the "Terms") govern the access to and use of https://viabanking.com/ (the "Website"), the viaBanking application programming interface (the "API"), and all related software, documentation, widgets, tools, and services (collectively, the "Service") provided by DEVYREX VB LTD, a company registered under the laws of United Kingdom, with its registered office at 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE, company number 17289324 (hereinafter "viaBanking," "we," "us," or "our").
By accessing, browsing, or using the Service in any manner, you ("you," "your," or the "User") acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms.
If you do not agree with any part of these Terms, you must not access or use the Service.
1. Nature of the Service
viaBanking is a software-only technology solution. The Service operates as an aggregation layer, a middleware platform and widget that connects businesses to multiple open banking providers, banks, and electronic money institutions ("EMIs") through a single, unified API integration. viaBanking functions as a technical overlay built on top of existing open banking infrastructure and does not itself constitute, provide, or replace any financial service.
viaBanking is NOT a bank, electronic money institution, payment service provider, investment firm, credit institution, or any other type of regulated financial services provider. viaBanking does not hold, transmit, or manage funds, does not issue payment instruments, does not provide credit, lending, deposit-taking, or investment services, and does not hold any financial services licence or authorisation.
The Service merely facilitates the technical connection between the User and third-party financial service providers via open banking APIs. All financial services, account information, payment initiation, and related operations are provided, executed, and regulated exclusively by the relevant third-party providers in accordance with their own terms, licences, and regulatory obligations.
viaBanking does not endorse, guarantee, or assume any responsibility for the services, products, availability, accuracy, security, or regulatory compliance of any third-party provider accessible through the Service.
2. Eligibility
The Service is intended for use by businesses, developers, and professionals ("Business Users"). By accessing the Service, you represent and warrant that: (a) you are at least eighteen (18) years of age; (b) you have the legal capacity and authority to enter into a binding agreement; and (c) your use of the Service complies with all applicable laws and regulations in your jurisdiction.
We reserve the right to refuse access to the Service to any person or entity at our sole discretion, including where we reasonably believe that use of the Service would violate applicable laws, regulations, or these Terms.
3. Account Registration and API Access
To use certain features of the Service, including API access, you may be required to register for an account (the "Account") and provide information such as your company name, contact details, and technical integration parameters.
You are responsible for: (a) ensuring that all information provided during registration is accurate, current, and complete; (b) maintaining the confidentiality of your Account credentials, API keys, and access tokens; and (c) all activities conducted through your Account, whether or not authorised by you.
You must notify us immediately of any unauthorised access to or use of your Account or API credentials. We shall not be liable for any loss or damage resulting from your failure to safeguard your credentials.
We reserve the right to suspend or terminate your Account and revoke API access at any time if we reasonably believe that your Account has been compromised, that you are in breach of these Terms, or for any other legitimate reason.
4. Permitted Use and Restrictions
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in accordance with the applicable documentation.
You shall not, and shall not permit any third party to:
- use the Service for any unlawful, fraudulent, or unauthorised purpose;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying architecture of the Service;
- copy, modify, adapt, translate, or create derivative works of the Service or its documentation;
- sublicence, resell, distribute, lease, or otherwise transfer the Service or access thereto to any third party without our prior written consent;
- use the Service to build a competing product or service;
- interfere with, disrupt, or impose an unreasonable load on the Service or its infrastructure;
- attempt to gain unauthorised access to any systems, networks, or data associated with the Service;
- transmit any viruses, malware, or other harmful code through the Service;
- use the Service in a manner that violates the terms of any third-party open banking provider, bank, or EMI;
- scrape, crawl, or harvest data from the Service by automated means except through the designated API.
5. Third-Party Services and Providers
The Service enables connectivity to third-party open banking providers, banks, and EMIs (collectively, "Third-Party Providers"). Your use of any Third-Party Provider's services is subject to that provider's own terms of service, privacy policy, and regulatory framework. We strongly recommend that you review such terms before initiating any connection.
viaBanking acts solely as a technical intermediary and does not: (a) control, verify, or endorse the content, services, or data provided by Third-Party Providers; (b) guarantee the availability, accuracy, reliability, or security of any Third-Party Provider's service; or (c) assume any liability for acts, omissions, errors, or failures of any Third-Party Provider.
Any dispute or claim arising from or in connection with a Third-Party Provider's service shall be resolved directly between you and that provider. viaBanking shall not be a party to any such dispute.
6. Data and Information
In the course of providing the Service, viaBanking may process certain data on your behalf, including API request metadata and technical logs. The processing of personal data is governed by our Privacy Policy.
viaBanking does not store, access, or process end-user financial account data (such as account balances, transaction histories, or payment credentials) unless expressly required for the technical operation of the Service and with appropriate authorisation. Where such data transits through our systems, it is handled in accordance with applicable data protection laws and industry security standards.
You are solely responsible for ensuring that your use of the Service and any data obtained through it complies with all applicable laws, including data protection and financial regulations in your jurisdiction.
7. Intellectual Property
All intellectual property rights in and to the Service, including the Website, API, software, widgets, documentation, trademarks, logos, designs, and all Content are and shall remain the exclusive property of viaBanking or its licensors.
Nothing in these Terms grants you any right, title, or interest in the Service or any of its components, except for the limited licence expressly set out in Clause 4.1.
You may not use our trademarks, trade names, logos, or branding without our prior written consent, except as expressly permitted in our brand guidelines or integration documentation.
You grant viaBanking a limited, non-exclusive, royalty-free right to display your company name and logo on our Website and marketing materials to identify you as a user of the Service, unless you notify us in writing to opt out.
8. Fees and Payment
Certain features of the Service may be subject to fees as set out in your service agreement, order form, or the applicable pricing published on our Website (the "Fee Schedule").
All fees are exclusive of applicable taxes unless otherwise stated. You are responsible for all applicable taxes arising from your use of the Service.
We reserve the right to modify our fees upon reasonable prior notice. Continued use of the Service following any fee change constitutes your acceptance of the new fees.
Failure to pay fees when due may result in suspension or termination of your access to the Service.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
WITHOUT LIMITING THE FOREGOING, VIABANKING DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) THE RESULTS OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; (C) ANY THIRD-PARTY PROVIDER WILL BE AVAILABLE OR FUNCTION CORRECTLY; OR (D) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
VIABANKING IS A SOFTWARE AGGREGATION TOOL AND DOES NOT PROVIDE FINANCIAL ADVICE, RECOMMENDATIONS, OR REGULATED FINANCIAL SERVICES OF ANY KIND. ANY RELIANCE ON DATA OR SERVICES ACCESSED THROUGH VIABANKING IS ENTIRELY AT YOUR OWN RISK.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VIABANKING, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (B) ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY; (C) ANY DAMAGES ARISING FROM OR RELATED TO THE ACTS, OMISSIONS, OR FAILURES OF ANY THIRD-PARTY PROVIDER; OR (D) ANY LOSS ARISING FROM UNAUTHORISED ACCESS TO YOUR ACCOUNT OR API CREDENTIALS.
THE AGGREGATE LIABILITY OF VIABANKING UNDER OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO VIABANKING IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED EUROS (EUR 100), WHICHEVER IS GREATER.
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. Indemnification
You agree to indemnify, defend, and hold harmless viaBanking and its affiliates, officers, directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) your use or misuse of the Service; (b) your breach of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any data or content you transmit through the Service.
12. Term and Termination
These Terms remain in effect for as long as you use or access the Service.
We may suspend or terminate your access to the Service at any time, with or without cause, and with or without prior notice. Grounds for termination include, but are not limited to: breach of these Terms, suspected fraudulent or unlawful activity, non-payment of fees, or discontinuation of the Service.
Upon termination: (a) your licence to use the Service shall immediately cease; (b) you must discontinue all use of the Service and delete any API credentials; and (c) any outstanding fees shall become immediately due and payable.
Clauses 1, 5, 7, 9, 10, 11, and 14 shall survive termination of these Terms.
13. Modifications to the Service and Terms
We reserve the right to modify, update, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We shall not be liable for any modification, suspension, or discontinuation of the Service.
We may revise these Terms from time to time. The updated version will be posted on the Website with a revised "Last Updated" date. Your continued use of the Service following any changes constitutes acceptance of the revised Terms. If you do not agree with any changes, your sole remedy is to discontinue use of the Service.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of United Kingdom.
Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of United Kingdom, unless otherwise required by applicable mandatory consumer protection laws.
Prior to initiating any formal proceedings, the parties agree to attempt to resolve any dispute through good-faith negotiation for a period of not less than thirty (30) calendar days, commencing upon written notice of the dispute to the other party.
15. General Provisions
Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to render it enforceable.
No Waiver. The failure of viaBanking to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future.
Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. viaBanking may assign these Terms in whole or in part without restriction.
Entire Agreement. These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and viaBanking with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements.
Force Majeure. viaBanking shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, epidemics, power failures, internet outages, governmental actions, or failures of third-party systems or providers.
Notices. All notices under these Terms shall be in writing and sent to the contact details set out below or as otherwise notified in writing by either party.
16. Contact Information
If you have any questions about these Terms, please contact us at:
Company: DEVYREX VB LTD
Address: 2nd Floor College House, 17 King Edwards Road, Ruislip, London, United Kingdom, HA4 7AE
Email: privacy@viabanking.com