Terms of Use

1. GENERAL

1.1 These terms of use and privacy (hereinafter the Terms of Use) regulate the conditions of use of the Services of Bilance application (hereinafter the Services) between you (hereinafter the User) and Bilance Technology OÜ, registry code 14637103, address Spordi tn 10a-5 Kristiine linnaosa, Tallinn Harju maakond 11315 (hereinafter the Provider).

1.2 Users can use the Services only after agreeing with the Terms of Use.

1.3 By accepting these Terms of Use, it forms a legally binding contract between User and Provider.

2. DEFINITION

2.1 Application (or the App) - Means the software solution developed by the Provider to use Services. Application can be used on most Apple iOS and Android OS devices.

2.2 Content - Data, texts, files etc added by the User

2.3 Nordigen - SIA "Nordigen Solutions" (registration No.40103982535), a limited liability company registered under laws of the Republic of Latvia and operating as an authorized account information service provider, supervised by the Financial and Capital Market commission of the Republic of Latvia.

2.4 Premium features - Additional set of services which are bringing certain value for certain Users and are accessible during trial period or via an in-app-purchase. This set of features is not definite as the Provider can add or remove Premium features.

2.5 Services - Means set of features which allow users to track and analyze their financial situation. Services may be different for users of different platforms – Android, iOS and web and are divided into Free Features and Premium Features. Provider has the right to add or limit scope of services at any time.

2.6 Special Terms - Agreement between Provider and User by which Terms of Use are specified, amended or supplemented.

2.7 Terms of Use - Means set of rules, conditions and terms which are stated to define regulations of use of products and services made available by the Provider.

3. USING THE SERVICES

3.1 The User represents by installing the application and creating a user account that all the information and representations provided by its are correct: it is private person with full legal capacity (at least 18 years of age) or that it has all rights and authorisations for procuring the Services on behalf of the user. The aforementioned representations are presumed to be accurate and Provider is not obliged to verify these.

3.2 User is obliged to ensure that the Services is in accordance with its needs.

3.3 Services may only be used to the extent and purposes for which the Services is created for and for which similar services are usually used for. User is obliged to use Services in accordance with the Terms of Use and the tutorials of the Services.

3.4 User is obliged to immediately notify Provider of abuse of its account, the loss of its password or its falling into possession of third parties. In the aforementioned case, Provider shall do anything reasonably expected in order to renew the password, limit the access to the account or delete the account.

3.5 Provider is entitled to update and change any part or all of these Terms of Use, including the fees and charges associated with the use of the Services. If Provider updates or changes Terms of Use, the updated Terms of Use will be posted in the App and Provider will notify User via email or in-app notification.

3.6 To provide access to the data necessary for provision of the Service, each User will be presented with a clear and visible consent screen which will enable User to acknowledge and agree that the User’s payment account information will be retrieved by Nordigen and provided to the Provider prior to performing the Services.

4. USER'S CONTENT

4.1 User ensures that all of the Content added to the App is in accordance with the Terms of Use and legal acts and that the User has all necessary permissions and approvals to add the Content to the App. User is prohibited to add to the App any Content that contains malicious code, viruses etc that damage or disturb regular functioning of the App.

4.2 User is aware of and agrees that the Content is stored in Providers or its service provider’s server and the User gives to the Provider all necessary rights for that.

4.3 Provider takes all reasonable security measures in order to protect Content from unauthorized persons and malware and to ensure the preservation and confidentiality of the Content.

4.4 Provider will protect the confidentiality of the Content with at least reasonable care, will not use Content for any purpose outside the scope of this Terms of Use and will not disclose Content to any third party (except third party service providers) and will limit access to Content to its employees, contractors, advisors and agents. Upon notice to the other party, the party may disclose Content if required to do so under law, statute, rule or regulation or legal process.

5. CLIENT SUPPORT

5.1 User can communicate with client support via e-mail: help@bilanceapp.com

5.2 Provider will strive to reply to all requests received by the client support within reasonable time, but will not guarantee that the requests are replied to within certain time or that the requests receive answers satisfactory to the inquirer.

6. MAINTENANCE

6.1 The Provider reserves the right to optimize and develop the Services further. In case of significant changes in the Services, Provider will send Users a timely notification.

6.2 If using the Services is disturbed due to a disturbance or malfunction, Provider will do anything reasonably possible in order to eliminate the disturbance or malfunction as soon as possible, but no later than 72 hours after finding out the error.

6.3 The Provider maintains the right to temporarily restrict the access to the App and Services if it is needed for maintenance, development or updates.

7. FEES AND PAYMENTS

7.1. Bilance may offer a free trial period during which you can use the Services for a limited period of time. You can manage or cancel the trial subscription through your Apple App Store account, Google Play Store account or otherwise via any methods described in the Service.

7.2 The prices of Services in the App are provided in Euros. All fees are exclusive of taxes, which Provider will charge if applicable.

7.3 It is possible to pay for the Services with:

- credit card.

7.4 User can subscribe to the services based on either monthly or yearly prepayment subscription, which provides access to the services for the duration of the subscription period covered by the prepayment.

7.5 The subscription is renewed automatically at the end of the subscription period unless User has cancelled the subscription in self-service before the end of the current subscription period.

7.6 User is aware that Provider may use third-party service providers to process payments and agrees to disclose their payment information to such third party.

7.7 Provider is not obliged to refund already made prepayments.

7.8 If the User violates the obligation of payment for at least 14 days, Provider has the right to limit access to the Services.

7.9 Provider maintains the right to change the prices of the Services. Prices of the Services change in the beginning of the next subscription period after the changing of the price.

7.10 You may cancel the subscription at any time by modifying your subscription preferences in the Apple App Store, Google Play Store or otherwise via any methods described in the Service. It may take up to three business days for the update or cancellation to take effect. No cancellation of the current subscription is allowed during active subscription period.

8. INTELLECTUAL PROPERTY

8.1 User has the right to use Services in accordance with the Terms of Use for the purposes for which the Service is intended. User does not have and will not obtain any intellectual property rights to the Service or to the App.

8.2 The App, Services and its content, such as texts, images, information on the products, trademarks and signs shall remain the property of the Provider or its co-operation partners and protected by copyright law and international copyright agreements as well as other legislation on intellectual property rights and registrations.

8.3 All intellectual property rights to the App, Services and content (such as copyright, registered and unregistered trademark and design rights, domain names, patents, database rights and trade secrets) as well as the goodwill generated by their use shall remain the property of the Provider or its cooperation partners. The Provider does not grant the User any direct or indirect rights to any intellectual property rights.

8.4 Services, App and all of their parts (including pictures, images, texts, trademarks, domain names) are protected with intellectual property rights, which belong to the Provider , its employees or cooperation partners.

8.5 The works published on the App and protected with copyright may be used by the User publicly without the consent of Provider only by referring to Provider as the source of the works.

8.6 The App might contain references or links to third party websites. The Provider does not control the linked sites in any way, nor does the Provider monitor or check the contents of the linked sites. The Provider is not liable for the contents, correctness, reliability or data security of the linked sites.

9. PERSONAL DATA

9.1 Provider shall process the following personal data of the User (hereinafter the Personal Data):

- name,

- e-mail,

- picture,

- bank account number,

- encrypted transaction data from bank account statement (amount sent or received, counterparty name, bank account of the counterparty, currency, description, date),

- rules (based on transaction counterparty name, account number, transaction date, amount, description and the client account number) that the client created to categorize transactions,

- activity log (including but not limited to: user signing in and out, creating/editing/deleting a bank account, importing transaction data to an account, creating/editing/deleting rules and the transaction coverage of the rule, refreshing the webpage).

9.2 Provider processes Personal Data in order to register User for the Services, contact User, verify User's right to access Website and Services, improve Website and Services, provide User with information about the Services.

9.3 When performing Services the Provider acquires certain Personal Data from Nordigen. Nordigen and the Provider shall be considered as separate data controllers in terms of European Union General Data Protection Regulation No 2016/679 (General Data Protection Regulation). Once the account information is transferred to Provider, Provider acts as an independent data controller.

9.4 The User may access his/her Personal Data at any time and make corrections at the self-service or request their deletion unless the law provides otherwise.

9.5 Provider processes the User's Personal Data in accordance with the requirements of The General Data Protection Regulation.

9.6 Controller of the Personal Data is Bilance Technology OÜ, registry code 14637103, address Spordi tn 10a-5, Tallinn, Harjumaa, 11315.

9.7 Provider can process and store the Personal Data in aggregated and anonymized form for analytic purposes in order to improve the Services.

9.8 Provider processes the Personal Data with the objective to provide the Services to the User and to forward advertising and other information to the User. The User is entitled, at any time, to withdraw its consent for receiving advertisements and other information by contacting the Provider.

9.9 The User provides his/her consent for processing of Personal Data to the extent described in Terms of Use with the objective to ensure the quality and accessibility of the Services and also to expand, improve, personalize and otherwise develop the Services.

9.10 Provider collects and records Personal Data in electronic format and makes extracts also in other format if necessary.

9.11 Provider shall not forward, sell or disclose the data of the User to third parties without the prior written consent from the User, except in instances provided in the Terms of Use.

9.12 Provider is entitled to forward the Personal Pata to Provider group companies and cooperation partners.

9.13 Provider is not obliged to preserve the Personal Data of the Users.

9.14 The User is entitled, at any time, to withdraw his/her consent for processing of Personal Data, to request termination of the processing of Personal Data and deletion of the collected Personal Data, and closing of user account. For that the User shall forward respective application to the Client Support or to e-mail. Withdrawal of consent shall not have retroactive effect.

9.15 Provider shall promptly notify User of any facts known to the Provider concerning any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of the Provider or by any other person or third party. Provider shall;

• cooperate fully with User in the event of any accidental or unauthorized disclosure or use, or accidental or unauthorized loss, damage or destruction of Personal Data by any current or former employee, contractor or agent of Provider or by any other person or third party, to limit the unauthorized disclosure or use, seek the return of any Personal Data, and assist in providing notice if requested by User; and

• upon termination or expiration of the Terms of Use for whatever reason, or upon request by User, Provider shall immediately cease to process the Personal Data and shall promptly return to User all such Personal Data, or destroy the same, in accordance with such instructions as may be given by User at that time. The obligations set forth in these data processing requirements shall remain in force notwithstanding termination or expiration of this Terms of Use.

10. EXPORT CONTROL

10.1 You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country and you are not listed on any U.S. Government list of prohibited or restricted parties.

11. IOS PLATFORM

11.1 If you are an iOS device user, the terms in this section also apply to you.

11.2 You acknowledge that the Terms are concluded between you and Provider only, not with Apple, and that Provider, not Apple, is solely responsible for the Application and the content thereof, excluding user content. The license granted to you must be limited to use of the Application only as permitted by the Usage Rules set forth in the App Store Terms of Service.

11.3 Provider and not Apple is solely responsible for providing any maintenance and support services with respect to the Application. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

11.4 In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Provider.

11.5 Provider, not Apple, is responsible for addressing any your or third-party claims relating to the Application or your possession and/or use of the Application, including, but not limited to, product liability claims, any claim that the Application fails to conform to any applicable legal or regulatory requirement and claims arising under consumer protection, privacy or similar legislation.

11.6 You acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party's intellectual property rights, Provider, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of this agreement, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

11.7 Auto-renewable nature of subscriptions: subscription automatically renews unless auto-renew is turned off at least 24-hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user's Account Settings after purchase.