Yapily’s Website Terms of Use Last Updated: 5 December 2022

Please read these Terms carefully, print and store a copy for your own records and check back from time to time to review the most up to date version which will be available at www.yapily.com (our “Website”).

Use of our Website

Acceptance of our policies

The following policies apply to your use of our Website, if you do not agree to these terms please do not continue to use our Website and associated tools.

You can contact us with any queries regarding these policies at info@yapily.com

Corporate Information of the Yapily Group

We are the “Yapily Group” (each referred to as “we” or “us” or “our” or “Yapily”):

  • Yapily Ltd (company number 10842280) with registered office at 2 Westland Place, London N1 LP, United Kingdom;
  • Yapily Connect Ltd (“YC UK”) (company number 11598433), with registered office at 2 Westland Place, London N1 LP, United Kingdom; and
  • Yapily Connect UAB (“YC UAB”) (company number 305602679) with registered office at Palangos g. 4-101, LT-01402 Vilnius, Lithuania.

Access to our Website

Our Website is provided by Yapily Limited on behalf of the Yapily Group. We will endeavour to make our Website accessible 24 hours a day but we will not be liable if it is unavailable for any period of time and we have the right to suspend access to or withdraw the Website without notice. Our Website is intended for use only by residents of the United Kingdom (“UK”) and the European Union (“EU”) (the “Territories”).

Hyperlinks to Third Party Websites

Any hyperlinks to other websites are provided for your convenience only and we accept no responsibility for those other websites or for any loss or damage that may arise from your use of them. If you access other websites using the links provided, the operators of those sites may collect information from you which will be used by them in accordance with their own privacy notice.

Prohibited Use and Indemnity

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 which we will report to the relevant law enforcement authorities and disclose your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

You agree to indemnify and hold Yapily, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including legal fees), made against Yapily by any third party due to or arising out of or in connection with your misuse of the Website.

__Limitation of Liability __

We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy.

To the extent permitted by law, the Yapily Group and third parties connected to us hereby exclude (whether express or implied): all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Website or in connection with the use, inability to use, or results of the use of our Website, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Intellectual Property Rights

Members of the Yapily Group are the owner or licensee of all intellectual property rights in our Website, and in the trademarks, images, text, data compilations, underlying code and software and other material published on it (the ‘Content’). The Content is protected by trademark and database rights, copyright laws and treaties and you may not reproduce any logo, trademark or service mark without written consent. You may for your own personal, non-commercial use only, retrieve, display and view the Content on a computer screen. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the express written permission of Yapily.

Complaints

We aim to provide the highest standard of service to every customer and all complaints are taken seriously. In the event that you have a complaint, please contact us and help us understand your concerns and we will endeavour to give you a fair response and act in accordance with any applicable law or regulation. Yapily’s Complaints Handling Rules can be found on our Website, which you are encouraged to read carefully. Contact us at: info@yapily.com

Law and Jurisdiction

Your use of the Website is governed by the laws of England and you hereby consent to the non-exclusive jurisdiction of the English courts in any disputes relating to your use of the Website.

Developer Tools available on our Website

Our Website makes available the following options for you to try out and demonstrate Yapily’s open banking connectivity via application programming interface (“Yapily API”) technology and related services. Your use of these tools is subject to these Website Terms of Use.

Console and Sandbox

Our Website includes a platform called Console, which is an interface for creating, configuring and managing your Yapily applications. Within the Console platform is Sandbox, a non-live static test environment, which contains dummy data and functionality for you to test our services. Sandbox is provided to you exclusively for education, demonstration and evaluation purposes only; you are not permitted to use Sandbox for production use.

Console and Sandbox can be accessed by creating a password protected account (“User Account”) in the Console platform (console.yapily.com). You should only create a User Account if you agree to these Terms, our Privacy Notice and our Cookie Policy which apply to your use of our Website and our handling of your data. User Accounts cannot be shared or used by more than one person and you are responsible for keeping your User Account password confidential.

Trial Applications

Within your User Account, provided that your corporate domicile is located in the Territories, you may have access to a trial application environment that enables personalised live operations of the Yapily API for a period of 60 calendar days (the “Trial Application Period”).

The Trial Application Period will give you the opportunity to test our services and experience how the Yapily API can enable you to do business with your customers, who might be either individual consumers or corporate “end-users” of Account Information Services (“AIS” or “Yapily Data Products”) and Payment Initiation Services (“PIS” or “Yapily Payment Products).

During the Trial Application Period:

  • Yapily grants to you a limited, non-exclusive, non-transferable, non-sub licensable, revocable licence (the “Licence”) to test the integration of the Yapily API into your own online interface and enable your end-users to access and use the services.
  • You can make up to a maximum of 99 Payment API calls. Each Payment API call may be up to a maximum value of £/€0.01.
  • You can make up to a maximum of 500 calls, which can be made up of Payment and/or Data API calls, subject to the maximum of 99 Payment API calls as stated above (for example, you could make a total of 99 Payment API calls and 401 Data API calls or you could make a total of 50 Payment API calls and 450 Data API calls).

You must comply with these Terms and you are responsible for any unauthorised use of the Trial Application. At the end of the Trial Application Period the demonstration and access to the test environment automatically comes to an end.