1. Introduction
1.1 These Terms and Conditions (the “Terms”) govern User’s (“you”) utilize of Know Your Customer and Onboarding automated process (the “Application”), developed and provided by Itransition Group Limited (“Developer,” “we,” “us” or “our”). The Application is available for installation through direct contact with Developer.
1.2. The Application consists of two separate modules: Know Your Customer (KYC) and Onboarding, each of which is available for installation. The description of key features of the Application may be found in the Overview section.
The KYC form includes data entered by individuals seeking services from the Users through the Application, e.g. general information, financial details, household data which helps Users to gather necessary information in order to provide services. The form includes a built-in section for collecting the legal basis for data processing, which should be completed according to the User's instructions.
Data entered by the individual in KYC form is submitted to the Onboarding module. In this module the User can verify the provided information, obtain additional documents or data and process the request.
1.3 By initiating contact via clicking “Contact me” you acknowledge that you have read, understood and agree to be bound by these Terms.
2. Contact and Installation
2.1 To initiate the installation of the Application, you shall contact Developer through "Contact me” section. This form requires you to provide certain information, which may include personal data of individuals who reach out through the contact form, e.g. requestor’s name, email, company’s name.
3. Data Collection and Privacy
3.1 The information provided through the contact form, including Personal Data, will be used by the Developer to initiate contact, assess the suitability of the Application and facilitate installation and support.
3.2 The collection, use, and protection of personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms. Users should review the Privacy Policy to understand how their data is handled.
3.3 The data of User’s consumers is stored in the User’s database and Developer shall have no access to this information unless otherwise agreed in writing.
4. Legal Agreements Governing Relationships
4.1 Relationships between Developer and Users will be governed by a standard set of legal documents, which may include but are not limited to Non-Disclosure Agreement, Master Service Agreement, Statement of Work or other relevant agreements.
4.2 Prior to the installation of the Application, Users may be required to execute one or more of these agreements to formalize the relationship and ensure compliance with applicable laws and regulations.
5. License Grant 5.1 Developer grants Users a limited, non-exclusive, non-transferable, revocable license to install and use the Application for its intended purpose, subject to these Terms and the execution of any required agreements.
6. Prohibited Uses
6.1 Users agree not to:
6.1.1 Modify, copy, distribute or create derivative works based on the Application.
6.1.2 Reverse engineer, decompile or disassemble the Application, except as permitted by Developer.
6.1.3 Use the Application for any unlawful, harmful, or unauthorized purposes.
6.1.4 Transmit any viruses, worms or other harmful code through the Application.
7. Security Measures
7.1 Developer will implement appropriate security measures to protect the Personal Data collected during the installation and operation of the Application if any.
7.2 Users are responsible for ensuring that their systems and networks are secure and that unauthorized access to the Application is prevented.
8. Disclaimer of Warranties
8.1 The Application is provided on an "as-is" and "as available" basis, without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement and title.
8.2 The Developer strives to provide a reliable, secure application, notwithstanding the foregoing the Developer does not guarantee that the Application will be error-free, uninterrupted, or free from viruses or other harmful components.
9. Limitation of Liability
9.1 To the fullest extent permitted by law, Developer will not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or in connection with the use or inability to use the Application, even if Developer has been advised of the possibility of such damages.
9.2 To the extent permitted by law, in no event shall Developer's total liability to User for all claims arising from or related to the Application exceed the amount paid by User, if any, for accessing the Application during the twelve (12) months preceding the event giving rise to the claim.
10. Indemnification
10.1 Users agree to indemnify, defend, and hold harmless Developer, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising out of or related to:
10.1.1 User’s use of the Application.
10.1.2 User's violation of these Terms.
10.1.3 User’s' violation of any third-party rights, including but not limited to intellectual property, privacy or data protection rights.
11. Termination
11.1 Users may terminate their use of the Application at any time by uninstalling the Application and ceasing all access to and use of the Application.
12. Governing Law and Dispute Resolution
12.1 These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to its conflict of law principles.
12.2 Any dispute arising out of or in connection with the Terms shall be referred to and finally resolved by arbitration under the London Court of International Arbitration Rules which are deemed to be incorporated by reference into this Section. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English. The arbitrator will have no authority to award any damages that are excluded by the terms of this Agreement.
12.3 By using the Application, you agree to resolve any disputes or claims against Developer on an individual basis and waive any right to participate in a class, collective, or representative action. All claims must be brought individually and you agree not to combine your claim with others. If this waiver is found unenforceable, any agreement to arbitrate or other dispute resolution provisions shall be null and void.
13. Changes to These Terms
13.1 We reserve the right to update or modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on this platform. Continued use of the Application after such changes constitutes acceptance of the revised Terms. However, these changes will not alter the terms of any Master Service Agreement or Statement of Work signed with existing Users, unless mutually agreed otherwise in writing.
13.2 If we make material changes to the Terms, we will notify Users also through available communication channels, for instance, email newsletters.
14. Miscellaneous
14.1 If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue to be valid and enforceable.
14.2 These Terms constitute the entire agreement between Developer and Users regarding the use of the Application and supersede all prior or contemporaneous communications, understandings, or agreements.
14.3 No waiver by Developer of any breach or default by Users shall be deemed a waiver of any preceding or subsequent breach or default.
15. Contact Information
15.1 If you have any questions about these Terms, please contact us at finance.services@itransition.com