Valid from February 16, 2021
The following capitalized terms have the following meanings in these End User License Agreement:
– these Dify App End User License Agreement, which constitute and end user license agreement between you and Pocosys.
– the “Dify” branded mobile application provided by Pocosys, enabling User to use the Credit Services (if available), Payment Services, and additional services.
– an item, feature, information or other instrument, which enables the Customer to Authenticate him or herself, to prove the validity of a payment instrument or to Authorize certain operations for Pocopay, for example: a password, an authentication code, a PIN code, a Debit Card, a mobile device, a mobile phone number, or a fingerprint
– the revolving credit line offered to the Customer by Lender.
– a Credit Line, or any other type of credit offered by Lender.
– a “Dify” branded payment card issued by Pocopay.
– Dify Financial Technologies Iberia, S.L.U., a company established under the laws of Spain, registered in Barcelona commercial register, registry code volume 47373, page 204, sheet 550013. address Calle Enrique Granados 111, 6o2a, 08008. Barcelona, Spain.
Party or Parties
– respectively Pocosys or User or both.
– a payment account opened by Pocopay.
– Payment Account and Debit Card services offered by Pocopay.
– AS Pocopay, a company established under the laws of Estonia, registry code 12732518, address Pärnu mnt 18, Tallinn 10141, Estonia.
– OÜ Pocosys, a company established under the laws of Estonia, with registry code 12963672, that provides the Customer the license to use the App in accordance with these Agreement.
– A Credit Services (if available), Payment Services and other services available in the App.
– an entity providing the User any Service via the App under an agreement between this entity and the User.
– a natural person permanently residing in Spain who is at least 18 years old and who has entered into the Agreement with Pocosys or who has expressed us the wish to enter into an agreement with Pocosys.
2. General License Terms
2.1. This Agreement constitutes a contract between User and Pocosys. User may not use the App if User does not accept the terms in this Agreement.
2.2. Subject to the terms and conditions of this Agreement, Pocosys hereby grants User a personal, limited, non-exclusive, non-transferable, non-sublicensable license to use the executable code version of the App solely as installed on User’s mobile device. User may only use the App as expressly authorized in this Agreement.
2.3. Unless expressly permitted by law, User may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App. User may not remove, obscure, or alter any copyright notice or other proprietary rights notices affixed to or contained within the App. User may not separate the component programs of the App for use on different computers or sublicense, lease, rent, loan, or distribute the App to any third party. User may not permit, direct or authorize any third party to take any action with respect to the Pocosys which is inconsistent with the terms set forth in this Agreement.
2.4. User acknowledges and agrees that the App, including its sequence, structure, organization, source code and applicable documentation, contains valuable trade secrets and other intellectual property of Pocosys. The App is licensed and not sold to the User, and no title or ownership to such App or the intellectual property rights embodied therein is granted to User. The App is the exclusive property of Pocosys, and all rights in and to the App not expressly granted to User in this Agreement are reserved. Nothing in this Agreement will be deemed to grant, by implication, estoppel or otherwise, a license under any existing or future patents of Pocosys, except to the extent necessary for User to use the App as expressly permitted under this Agreement. User acknowledges and agrees that any actual or threatened breach of this Agreement will constitute immediate, irreparable harm to Pocosys for which monetary damages would be an inadequate remedy, and that injunctive relief is an appropriate remedy for any such breach or violation.
3. Getting Started
3.1. For purpose of using of App the User is obliged to accept this Agreement, the Privacy Statement, and create an account by providing to Pocosys an e-mail address, mobile number, and/or any other information requested via the App.
3.2. To use Credit Services (if available) or Payment Services, the User needs to complete the onboarding process, which includes a mandatory know-your-customer process. Therefore, a video verification procedure may be carried out. Video verification may be carried out only on mobile devices with following the requirements:
- 3.2.1. Operating system - Android version 6.0, iOS 11 or newer
- 3.2.2. Camera
- 3.2.3. Internet connection
3.3. For the purpose of the video verification process the User is obliged to:
- 3.3.1. Grant permission for the App to access and use device microphone and camera;
- 3.3.2. Capture a video or picture of required documents (for example National Identity Card);
- 3.3.3. Record a video of himself/herself;
- 3.3.4. Record User’s voice;
- 3.3.5. Perform any other action requested in the App.
4. Access to Services
4.1. The App enables the User:
- 4.1.1. Manage the Payment Account.
- 4.1.2. Manage the Debit Card.
- 4.1.1. Manage the Credit Services (if available).
4.2. The Services may include, among others, credit services, payment services, or any other services currently available via the App. Each Service is covered with its own specific agreement that is conducted between the User and the relevant Service Provider according to the terms and conditions applicable to the relevant Service.
4.3. Pocosys is only responsible and liable for the Services offered by Pocosys to the extent covered by the relevant terms and conditions for the Services. Pocosys is not responsible or liable for any Service offered by any third-party Service Provider, for any related obligations, or for any related decisions. Pocosys does not guarantee that any of the Services are available for the client or that any Service Provider would accept the User as the client of the Service.
4.4. The User may switch off and switch on the push notification in the App.
5. Security Measures
5.1. The User is obliged to:
- 5.1.1. memorize PIN code(s), password(s), and any other reusable knowledge-based Authentication Instruments.
- 5.1.2. not store such Authentication Instruments on paper, as a digital file, or in any other way which enables to restore the respective Authentication Instruments.
- 5.1.3. destroy all papers, digital files, and other carriers that contain any knowledge-based Authentication Instruments and exercise other reasonably necessary measures to keep the Authentication Instruments confidential.
- 5.1.4. change User knowledge-based Authentication Instruments from time to time. Upon changing any knowledge-based Authentication Instruments, the User may not reuse any such knowledge-based Authentication Instruments, which have been already used before.
5.2. If the User knows or suspects that;
- 5.2.1. their Authentication Instrument or App may be in the power of a third person; or
- 5.2.2. has been used without the User’s consent or knowledge; or
- 5.2.3. that there are other circumstances under which it may be possible for a third person to use your Authentication Instrument or App; or
- 5.2.4. the User has lost the Authentication Instrument; then the User is obliged, without undue delay to notify Pocosys customer support via the App or, if it is not possible, then with the help of Pocosys customer support by sending an e-mail: firstname.lastname@example.org or by calling: +34 932 204 070.
5.3. Pocosys will block the App:
- 5.3.1. if the User will inform Pocosys about the situation described in section 5.2;
- 5.3.2. if the User enters an incorrect Authorization Instrument in the App three times;
- 5.3.3. due to suspect of unauthorized use of App; or
- 5.3.4. if the App agreement or any Service agreement is terminated.
5.4. Pocosys will inform the User via e-mail about blocking the App, prior to or immediately after blocking.
5.5. In order to remove the restrictions, the User may contact Pocosys customer support. If there are no longer grounds for applying the restrictions, then Pocosys will remove the restrictions.
5.6. Pocosys will always make its best efforts to keep the Services available. However, Pocosys reserves the right to temporarily limit access to App in the event of modernization, updating, or maintenance. In such case, Pocosys shall inform the User by placing an appropriate announcement on the Pocosys Website and in the App. The appropriate announcement will be posted in the abovementioned location at least 1 day earlier than planned modernization, updating or, maintenance of the App.
5.7. Every Service or Service Provider may have its additional or separate authorization instruments, methods or requirements, or other security rules that are covered by the relevant agreements between the User and the Service Provider. Pocosys is not liable for any such extra conditions for accessing or receiving the Services or related damages.
5.8. The App won ́t switch off automatically by minimizing it. Pocosys recommend the User to log out in order to prevent any kind of unauthorized access.
6.1. Neither Party is liable for any non-performance or breach of their obligations under any this Agreement in case it is caused by force majeure (for example war, riot, force of nature, strike, unavailability of IT-systems, unavailability of communication services, power outage, cyber attack), acts of public authorities or any other factor independent of the Parties, which the Party in breach could not have affected and which it could not have been reasonably expected to have avoided.
6.2. Pococys is liable for a breach of Pocosys obligations under this Agreement only in case the breach was caused for a reason attributable to Pocosys.
6.3. Pocosys is not liable for any consequential damages or lost profits caused to the User.
6.4. Pocosys is not liable for damage caused to User in case the damage was caused by the fact that User had not duly performed any of User obligations under this Agreement, including the obligations stipulated in section 6.
6.5. Pocosys is not liable for the performance or non-performance of third-party Service Providers, for the functioning of the Services offered by the third-party Service Providers, nor for any resulting damages.
7. Customer Service and Contact
7.1. The User may address consultations, information requests, or any other incident or complaint to Pocosys customer service by sending an e-mail to email@example.com or by calling the telephone number +34 932 204 070.
7.2. Pocosys customer service is available in the English and Spanish languages.
7.3. Pocosys will contact the User via the User’s registered e-mail address and telephone number. The User is obliged to update his contact details on an ongoing basis.
8. Personal Data
Pocysys process User personal data in accordance with the Privacy Statement available on Pocosys Website and in the App.
9.1. Pocosys have the right to unilaterally amend this Agreement.
9.2. The valid versions of this Agreement shall be deemed to be the versions available on Pocosys Website and the Pocosys App at any given time unless stipulated otherwise therein.
9.3. Upon amending the Agreement, Pocosys will notify the User, to the e-mail before the amendments enter into force. If the User doesn’t accept the amendments, then User may, prior to the entry into force of the amendments, withdraw from the Agreement affected by the amendments without any additional fees and effective, at the time User indicate, but no later than before the changes come into force, by forwarding Pocosys customer support a respective e-mail or, in case the App enables it, by making the respective change in the App. If you have not, prior to the entry into force of the amendments, notified Pocosys customer support that you do not agree to the amendments, then it shall be deemed that you have agreed to the amendments and you lose your right to withdraw in relation to the proposed amendments.
9.4. The amended Agreement will enter into force on respectively the date referred to in the amended Agreement.
9.5. If it becomes apparent that any provision of this Agreement is void under applicable law, then Pocosys have the right to unilaterally amend the Agreement by replacing the void provision with a valid provision so that the purpose of the valid provision would, as much as possible, serve the purpose of the void provision. In such case, Pocosys will notify the User about the amendment.
10. Term and Terminations
10.1. The Agreement is entered into for an indefinite period and shall be in force unless terminated by User or Pocosys.
10.2. Upon the termination or withdrawing of the Credit Line Agreement between the User and Lender or Debit Card and Payment Account Agreement between the User and Pocopay it is considered that Pocosys may immediately withdraw from this Agreement or prior that may limit the functionality of the application only to allow the User to make repayments to the Service Provider.
10.3. The User has the right to withdraw from the Agreement without a reason at any time by sending to the Pocosys customer service from a registered e-mail a respective notice or, if the App enables it, then by making the respective choice in the App.
10.4. Pocosys has the right to withdraw from the Agreement without reason by notifying the Customer via e-mail or via the App at least 2 months in advance.
11. Right of withdrawal
User has the right to withdraw from this Agreement without reason within 14 calendar days. If a User does not send Pocosys customer support a withdrawal application within this period, then the User will lose the right of withdrawal.
12. Governing Law and Disputes
12.1. This Agreement shall be interpreted in accordance with Spanish law.
12.2. User may submit complaints about the services provided by Pocosys to customer support. Any dispute that arisen under using of App will be resolved by negotiation.
12.3. If the parties are unable to resolve the dispute by negotiation, then the dispute shall be resolved in the court based in Barcelona.
13. Final Provisions
13.1. User doesn’t have the right to transfer any rights or obligations under Agreement to a third party without Pocosys prior to explicit consent.
13.2. Pocosys has the right to transfer any rights and obligations under this Agreement to a third party.