General Terms and Conditions of Use
(1) These General Terms and Conditions of Use govern the legal relationship between Macato GmbH (hereinafter referred to as “the Operator”) and the account creator (hereinafter referred to as “the User”) on the online platform “remipay.com” (hereinafter also referred to as “the platform” or “the remipay platform”), who is given the opportunity to process his or her banking transactions and monitor them in real time via the Operator’s platform. Every individual or legal entity who/which has registered for the aforementioned service qualifies as a User.
(2) The Operator provides a web and app-based user interface for the User’s banking transactions via which banking transactions can be initiated, tracked, changed and executed. The Operator is a technical service provider whose sole task is to make the technical infrastructure available on the basis of which the User can carry out and monitor his/her/its banking transactions. The Operator itself is not a payment service provider within the meaning of the German Payment Services Supervision Act (ZAG), i.e. it offers neither payment initiation nor account information services.
(3) The Operator expressly draws attention to the fact that the User may only issue orders for money transfers, account information services and other bank transfers on his/her/its own responsibility via licensed payment service providers (hereinafter referred to as “payment service providers”), such as – currently – Amianis AG, Spitalstrasse 2, 8041 Zurich, Switzerland. The User determines in a separate contract with the licensed payment service provider which services of the latter he/she/it would like to use and access technically via the online platform “remipay.com”. The Operator accepts no responsibility either for the content of the contract signed with the payment service provider or for the performance thereof.
1.2 Acceptance of the GTC
By registering on remipay.com and using the remipay platform, the User agrees to the GTC and the data protection guidelines. With his/her/its agreement to the Terms and Conditions of Use and through the use of the remipay platform, the User agrees in particular to the following:
(1) The Operator is not a bank, and the account of the online platform “remipay.com” is not a bank account. The Operator also does not offer payment services and/or account information services.
(ii) The Operator does not manage the balance of the User’s account on a fiduciary basis and or as a trust account.
(iii) The Operator does not pay any interest on the balance of the User’s account.
1.3 Changes to the GTC
The Operators reserve the right to change these GTC at any time without indicating their reasons for doing so. All changes will enter into force immediately upon publication. By continuing to use remipay.com after the altered GTC have entered into force, the User agrees to them. The User will be informed of changes to the GTC in a timely manner.
- Contract conclusion
2.1 Object of the contract
The platform Operator enables its Users to use account information services from the payment service providers via a software interface (hereinafter referred to as “Remipay Wallet”). A requirement for this is that the User expressly permits this data access in the contract with the payment service provider. The precise scope of Remipay Wallet’s functionality can be viewed at https://www.remipay.com/WalletDocs.
The platform Operator offers its Users via a protected, web-based software program it has developed itself the technical infrastructure to access account information services from the payment service providers and in this way to obtain data on incoming and outgoing payments on one or more bank and credit card accounts of payment service providers, virtual money transfers between eWallet users and the management of multi-currency accounts and credit cards (hereinafter referred to as “payment services”) from payment service providers and, with the help of Remipay Wallet, to obtain an audit-proof report and an analysis thereof within the software solutions offered. To this end, Users authorise the payment service provider to have read access to their bank, credit card or other accounts, either on a one-off basis or permanently.
Through the software it has developed, the platform Operator also offers its users the technical possibility to forward payment service orders to payment service providers via the remipay platform in such a way that their real-time execution can be monitored using the payment service provider’s account information services.
As the payment service providers are neither representatives nor agents of the Operator, the Operator is liable neither for the provision of the account information services in accordance with the contract and the law nor for the payment services of the payment service providers. The Operator is responsible solely for the technical forwarding of the account information services ordered via the remipay platform and/or the payment services of the payment service providers.
2.2 Scope of the contract
These contractual terms apply to the use of the platform and its services in accordance with the current product description and the order, which precisely defines the nature and duration of the services.
The payment period, the amount of the remuneration and the payment method are based on the conditions and services defined in the order.
If the customer is more than four weeks late in making a payment that is due, the Operator shall be entitled – after sending a reminder with a deadline of 14 days and after said deadline has elapsed – to suspend the User’s account. The Operator’s entitlement to the payment shall not be affected by the suspension. Once the arrears have been paid off, access will be reactivated immediately. The Operator is also entitled to suspend access as a milder course of action when it has the right to extraordinary termination of the contract.
Upon registration on the remipay.com platform, the User receives a personal account with several sets of authorisation data. This authorisation data must not be passed on to others under any circumstances. The User is responsible himself/herself/itself for their secure storage. If incorrect surname, first name, address, date of birth or e-mail account details are provided, the platform Operator reserves the right to delete the account in question. The following requirements must be met for successful registration:
– The User enters the complete and correct information on opening the remipay account (KYC process).
– The User concludes a payment service contract with one or more remipay payment service providers. The current “remipay” payment service providers and their payment service contracts can be accessed and viewed here.
– The Operator activates the account for the User.
- Duties of the Operator
3.1 The simple right of use issued by the Operator enables the User to use the Remipay Wallet on the remipay platform. The access data provided for this are valid only for the User and may not be passed on to third parties.
3.2 The Operator guarantees the functioning and the operational availability of the remipay platform. This availability may, however, be restricted due to maintenance work, technical faults or reasons that are out of the Operator’s control. The Operator undertakes to restore availability as quickly as possible and inform the User in a timely fashion of the nature and extent of the fault.
3.3 It is the responsibility of the remipay payment service providers to ensure an uninterrupted connection to the payment services (bank interfaces) and an uninterrupted account information service; this cannot be guaranteed by the platform Operator.
3.4 The functionality may be extended at any time due to financial and technological advances. This is also possible if the legal situation changes as a result of legislation or case law, due to requirements imposed by the authorities, or for technical or security reasons. The User will be informed of these changes as soon and in as reasonable a manner as possible.
3.5 New versions of Remipay Wallet will be created as a result of the ongoing development process. Here, too, Users will be informed in a timely manner as they will be obliged to adapt their own solutions. There is no entitlement to permanent use of old versions of Remipay Wallet.
- Duties of the User
4.1 The User undertakes not to misuse the remipay.com platform. In particular, he/she/it undertakes not to introduce any data to the system that contains a computer virus (infected software). Any usage of the platform with negative consequences for the platform’s functionality and/or its availability for other users is prohibited, including, for example, sending out mass e-mails (spam), hacking attempts, viruses and worms. In the event of breaches of the GTC, the User is obliged to indemnify the Operator for all losses, including consequential costs and claims of third parties. The User must take suitable precautions to prevent unauthorised access by third parties, including keeping the authorisation data secret. The User must inform its employees of this and must take sole responsibility for handling and entering the data at all times.
4.2 It is the responsibility of the User to comply with the contractual terms of the payment service providers.
4.3 All applicable laws and other regulations of the Federal Republic of Germany shall apply.
4.4 In the event of breaches of the GTC, the platform Operator reserves the right to issue a warning or temporarily suspend the User’s account. In exceptional, extreme cases, a complete usage ban may be imposed and the contract terminated in accordance with these GTC. Illegal content will be removed immediately.
4.5 The right of use applies exclusively to the User. The User may not allow third parties to use Remipay Wallet.
- Duties of care and security precautions
5.1 All security precautions of the platform and Remipay Wallet must be adhered to. Authorisation mechanisms must not be circumvented. The use of the platform and Remipay Wallet for other purposes than those intended is not permitted.
5.2 The User is obliged to keep the authorisation in a safe place and not to pass it on to third parties. The authorisation data must not be saved in plain text in configuration files in particular or transmitted via unencrypted public network connections. Transmission via unencrypted public network connections is also prohibited.
5.3 The User must comply with all data protection requirements at all times and in all cases. The Operator guarantees that it will not collect, process or use any data unless it has obtained the express consent of the User or is authorised under German law to do so.
5.4 If the User misuses the platform or endangers its data security, the Operator may suspend his/her/its access. The User will be informed of such a suspension immediately.
6.1 This contract enters into force upon being signed by both parties and has an unlimited term of validity. Both contractual parties have the right to terminate the contract subject to a notice period of three months.
6.2 The contract may be terminated with immediate effect at any time where there is good cause to do so, in particular if:
– insolvency proceedings are filed with regard to the User’s assets or are rejected on the grounds that the assets are insufficient
– the User defaults on payment obligations under this contract in the amount of at least one monthly payment and is served with a reminder with an extended deadline and the threat of terminating the contract, but this reminder is unsuccessful
– legal requirements and/or the GTC are culpably breached during the use of the services that are the object of the contract and/or copyrights, industrial property rights or name rights of third parties are infringed
– criminal, illegal or unethical acts are promoted or committed during the use of the service being sold
- Data protection and security
To view the Operator’s current data protection and security statement, please click here: https://www.remipay.com/Datenschutz
- Exclusion of liability
8.1 The Operator declines all liability for damage that results from use of the platform that is contrary to the provisions of the contract and/or the law. The Operator shall not be liable for third parties gaining unauthorised knowledge of personal user data (e.g. as a result of unauthorised access to the database by hackers), including in particular if the User made this data available to third parties itself.
8.2 The customer bears sole responsibility for saved content and files for which a licence is required (e.g. fonts and images).
8.3 The Operator is not liable for the success, failure and/or conclusion of the legal transactions that are concluded via the platform. This exclusion of liability also relates to the conclusion and the contractually and legally compliant processing of the payment services concluded and executed via payment service providers.
8.4 The User undertakes to release the Operator from all claims of third parties that are based on the data saved by him/her/it and to compensate the Operator for any costs it incurs as a result of potential breaches of the law.
8.5 The Operator may suspend the account immediately in the event of justified suspicion of unlawfulness and/or a breach of the law, in particular if it is informed of such circumstances by courts, authorities and/or other third parties. The Operator shall inform the User immediately of the imminent suspension and the reasons for it. The suspension will be cancelled as soon as the suspicion has been refuted.
9.1 The Operator provides a guarantee to the User that the platform will always be fully available in the scope defined in the contract or with almost no restrictions. If the use of the platform is temporarily restricted for technical reasons, the User shall not incur any costs, or reduced costs that are calculated in line with the severity of the deficiency.
9.2 The Operator is not liable for deficiencies caused by a breach of the duties in section 4 and/or the security precautions in section 5 of these GTC on the part of the User.
9.3 The User must inform the Operator of the deficiency immediately in writing or by e-mail.
- Limitation of liability
10.1 Claims for compensation on the part of Users are excluded. This exclusion does not include compensation claims by the User in respect of loss of life, bodily injury or damage to health, in relation to breaches of significant contractual duties (cardinal duties) or liability for other losses caused by an intentional or grossly negligent breach of duties on the part of the Operator, its legal representatives or its agents. For the purposes of these GTC, cardinal duties are duties which make due performance of the contract and the achievement of its objective possible in the first place and on whose fulfilment the User may therefore regularly rely.
10.2 In the event of breaches of material contractual duties, the Operator shall only be liable for the foreseeable losses typical for the contract if they were caused by ordinary negligence, unless they relate to compensation claims on the part of the User in respect of loss of life, bodily injury or damage to health. This is without prejudice to claims under the German Product Liability Act (Produkthaftungsgesetz).
11.1 This contract is governed by the laws of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.2 The sole place of jurisdiction for all disputes arising from or in relation to this contract is Stuttgart.
11.3 If individual provisions of these Terms and Conditions of Use should be or become invalid and/or are contrary to the provisions of the law, the validity of the other provisions of the Terms and Conditions of Use shall not be affected. The contractual parties shall replace the invalid provision by mutual agreement with a provision that serves the intended commercial purpose of the invalid provision as closely as possible in a legally effective manner. This rule shall also apply in the event of any omissions in the provisions.