Please read these Terms and Conditions ("Terms and Conditions") carefully before accessing and using the website www.bnka.com and/or the BNKA application. BNKA is not a financial institution, merchant, creditor, charity, advisor, or broker of any kind.

These Terms and Conditions apply to operations performed by authorized users through the BNKA application and/or platform, which is owned by Block Digital UAB, a company incorporated under the laws of Lithuania, with its registered office at Kalvariju g. 125, Vilnius, Lithuania, licensed to operate under the regulations as a virtual asset service provider (VASP). BNKA has created the BNKA App and the BNKA web platform (collectively the "Platform").

This contract governs the provision of services offered on this website using the benefits of Blockchain technology. From this platform, you can access, among others, payment services, request the opening of virtual accounts or wallets, make alternative investments through the purchase and sale of digital tokens, and all services offered on the constantly updated platform, make loads and reloads of payments, withdrawals, request advances and other transactions involving fund movements related to the use of the App., request the issuance of prepaid cards associated with BNKA, hereinafter (BNKA Cards), control payments made through the App and with the Cards linked to the User's App; transfer money to other users through the App., make and receive money transfers to different accounts through the use of IBAN (International Bank Account Number) when this service is available, make payments in stores through QR Code, pay bills, request new cards or cancel the App and/or Cards linked to the User or the User's registration, reload services enabled in the App; communicate through the app's own messaging service with customer service. All other products and services that BNKA may offer in due course.

It is expressly stated that the funds deposited in payment accounts do not constitute deposits in a financial entity, nor do they enjoy any of the guarantees that such deposits may have according to the applicable legislation and regulations regarding deposits in financial entities.

The Company reserves the right to review these T&Cs at any time, updating and/or modifying them. The User must regularly read these Terms and Conditions carefully and comprehensively, as they may be modified. The Company may modify these T&Cs at any time by posting the modified terms on the Site, and they will be presumed accepted by the User as long as they continue to use the Site.

All modifications to the T&Cs will be considered tacitly accepted. In case of disagreement by the User, the Company will proceed to close the User's Account upon the User's request for instructions on the disposition of the Assets registered in their Account; until the Company receives such instructions, the Account will remain blocked.

1. Introduction

1.1 Intergiro Intl AB (publ) ("Intergiro") is a Swedish fintech company licensed and supervised by the Swedish Financial Supervisory Authority (Sw. Finansinspektionen) (the "SFSA") as an electronic money institution with the authority to issue electronic money under the Swedish act on electronic money (Sw. lag 2011:755 om elektroniska pengar) and to provide payment services under the Swedish act on payment services (Sw. lag 2010:751 om betaltjänster). Intergiro's company registration number is 556965-3537, the VAT number is SE556965353701, and the license number with the SFSA is 48003. Intergiro's registered address is Box 3093, 10361 Stockholm, Sweden.
1.2 BNKA has partnered with Intergiro to provide through the BNKA app and/or web portal (the Platform) to jointly offer you the best possible services. Intergiro provides payment services, and BNKA provides the Platform through which you access and use the payment services. These general payment services terms and conditions (the "Terms and Conditions") govern the use of the payment services, including a personal payment account (the "Account"), which is accessed through the Platform and used to make payment transactions.
1.3 By registering as a customer to use the Platform, you accept BNKA's terms and conditions (the "BNKA Terms and Conditions") regarding the use of the Platform and, if applicable, any related services provided by BNKA. Simultaneously, or at a later stage, you may apply for an Account using the BNKA Platform, which is technically integrated into Intergiro's payment services platform. These Terms and Conditions, together with your application and Intergiro's privacy policy (the "Privacy Policy"), form a legal agreement (the "Agreement") between you and Intergiro, governing your Account and the provision of payment services by Intergiro. This means that you will be a customer of both BNKA and Intergiro.
1.4 To access the Platform, you will need an Internet connection and a computer, a smartphone, or a tablet with a web browser (as applicable). You may also need to download and install an app on your smartphone or tablet and accept the BNKA Terms and Conditions.
1.5 The Account can only be used for personal use and in accordance with the Agreement. The Agreement is for an indefinite term, meaning it will continue in force until you, BNKA, or Intergiro terminate it, in accordance with the provisions of the Agreement.

2. Account

2.1 Your Account will always include a wallet that holds your e-money denominated in euros (the "Wallet"). These Terms and Conditions set out the terms and conditions applicable to your use of the Account and the Wallet, and any other available functionality.
2.2 You access and operate your Account using the BNKA Platform. Once you have added funds to your Account, you will be able to: create payment orders to make payment transactions in euros to accounts held with Intergiro or third-party financial institutions from the Wallet ("Payouts"); collect euros into the Wallet from accounts held with Intergiro or third-party financial institutions ("Collections"); view balances and historic transactions on the Account.
2.3 To be eligible for an Account, you need to: be a private individual; be at least eighteen (18) years old; live within the European Economic Area; use only a phone number registered and provided by an operator within the European Economic Area; be a customer of BNKA and have accepted the BNKA Terms and Conditions.
2.4 In addition to the prerequisites set out in clause 2.3 above, you must only use your Account for personal use and for legal purposes. You cannot be listed on or associated with any sanctions list, such as the sanctions lists of the EU, the UN, or OFAC.

3. How to open your Account

3.1 To open an Account on the Platform, you must accept these Terms and Conditions and complete the account onboarding process. When applying for the Account, you promise and warrant to Intergiro that you will use the Account only for personal use and for legal purposes; any information and documentation provided by you are authentic, up-to-date, true, and correct; you will comply with the provisions of the Agreement; and you will respect Intergiro's and Intergiro's third parties' intellectual property rights relating to the products and services offered under the Agreement.
3.2 During the onboarding process, you will be asked to provide information about yourself, such as your name, contact information, and information to verify your identity ("KYC Information"). You acknowledge that Intergiro may obtain information about you from third parties, such as external registers or information suppliers, to assess your application. Intergiro uses automated decision-making to assess your account application. The automated decision-making is based on both data provided directly by you and derived or inferred data such as risk scoring. Intergiro will automatically reject your application if you are below the age of 18 and only use automated decision-making to approve your application. If required, your application will be referred for manual review by Intergiro's onboarding team.
3.3 Depending on the outcome of the onboarding process, Intergiro may, at its sole discretion, approve or reject your application. If your application is rejected, for any reason, such a decision will be communicated to you, and the Agreement is deemed terminated with immediate effect.
3.4 When providing KYC Information, in connection with your application or at any later stage, you promise and warrant to Intergiro that all such documents and information are authentic, up-to-date, true, and correct. You acknowledge that Intergiro may at any time request further KYC Information to ensure continued compliance with applicable legislation. Your continued use of the Account is strictly dependent upon your provision and Intergiro's verification of any KYC Information requested. Intergiro reserves the right to suspend your Account or freeze any funds or to terminate the Agreement and close your Account at any time if you do not provide satisfactory KYC Information upon request.
3.5 You must inform BNKA Customer Support without undue delay of any changes to your contact details such as a change of address or email address or any other information relevant to your use of the Account.

4. Customer support and complaints

4.1 BNKA provides customer support services relating to the Account ("BNKA Customer Support") and you may contact BNKA Customer Support if you have any questions or issues with the Account via the following link: https://support.bnka.com/hc/es/requests/new
4.2 If you are not satisfied with BNKA Customer Support's efforts to resolve your enquiry, you can make a formal complaint by contacting Intergiro's complaints team at complaints@intergiro.com, including the relevant circumstances of the complaint in your email.
4.3 The complaints team will aim to resolve your complaint as soon as possible and, in any event, respond to your complaint no later than fifteen (15) Swedish banking days from receipt of your complaint. In exceptional circumstances where more time is required, the complaints team will contact you to let you know, and in any case, Intergiro will respond to your complaint within thirty-five (35) Swedish banking days.
4.4 On www.konsumenternas.se you can read more about your consumer rights.
4.5 For any complaints or claims you may have regarding any faults or deficiencies in products or services that you have purchased using your Account (including your Card), please contact the seller of the product or the service provider (i.e., the point of sale) directly. The seller or service provider is liable for such faults or deficiencies in accordance with the laws applicable to the purchase, and neither Intergiro nor BNKA assume any liability regarding such faults or deficiencies.

5. Your personal data

5.1 To provide the Account to you, Intergiro collects and processes personal data. Intergiro is the data controller for the personal data processed under the Agreement for the purpose of providing the Account and BNKA is Intergiro's data processor for the purpose of you accessing the Account through the Platform.
5.2 As a regulated e-money institution, it is Intergiro's duty to protect and keep your Account information confidential and secure. Intergiro will not disclose information relating to your Account to third parties outside the circle of trusted suppliers Intergiro works with to provide your Account, other than as required by the laws of Sweden or applicable EU legislation.
5.3 It is important that you understand how Intergiro and BNKA process your personal data. Intergiro and BNKA value our customers' privacy and process and protect the personal data of our customers in accordance with the requirements of the General Data Protection Regulation (GDPR). Please see Intergiro's Privacy Policy, which sets out the full details on the personal data Intergiro collects, how it is used and kept safe, and how long it is stored.
5.4 BNKA acts as Intergiro's data processor through BNKA Customer Support relating to the payment services we offer through the Platform. Additionally, if BNKA provides any other services on the Platform, BNKA is the data controller for your personal data for the purpose of such other services. Please refer to BNKA's privacy policy for more information regarding BNKA's processing of your personal data.

6. Standard Account functionality Collections

6.1 You can collect euros in your Wallet. You or third parties can make payment transactions from accounts held with other financial institutions to your Wallet using the SEPA Network or by using the Visa Direct Original Credit Transaction functionality ("Visa Direct OCT").
6.2 Collections from other financial institutions are generally credited to your Account immediately upon receipt by Intergiro of such funds. Occasionally it may take a little longer due to required scans or checks Intergiro is obliged to perform on the funds, such as due to anti-money laundering legislation or for the prevention of fraud.
6.3 Sometimes Intergiro receives recall requests from the payer's bank concerning a payment transaction intended for your Account. You hereby explicitly authorize Intergiro to return such funds according to the recall request when such funds have not yet been credited to your Account.
6.4 It is important that the payer provides the correct payment details to your Account for Intergiro to credit your Account correctly.
6.5 Intergiro aims to process your Collections as fast as possible, but occasionally your funds may be held up by third-party financial institutions. In such cases, Intergiro regrettably is unable to influence the speed of the transaction. Payouts
6.6 Using the BNKA Platform, you can create payment orders on your Account to make Payouts using the SEPA Network. In certain cases, additional payment networks or rails will be available for you to access through the Platform; please refer to the Terms and Conditions for more information. If available to you, Intergiro executes your payment orders using such additional payment networks or rails.
6.7 To create a payment order, you generally need to provide the following information: the full name of the recipient; recipient's account details; amount; and payment purpose.
6.8 Upon creating a payment order, you need to submit the payment order and authenticate yourself to Intergiro for security reasons. Intergiro will consider that you, by authenticating yourself, gave Intergiro your consent and authorized (i) the execution of the Payout in accordance with the payment order you have created, and (ii) the debiting of any related fees.
6.9 For the payment transaction to be executed, you need a sufficient balance (including any fees and charges) in your Wallet. It is not possible to overdraw the Account.
6.10 You acknowledge that neither a payment order nor a Payout can be canceled or reversed once Intergiro has received the payment order. Intergiro receives your payment order immediately upon your submission of the payment order if you submitted it at the latest 14:30 CET on a banking day, and Intergiro will in such case execute the Payout on the same banking day. If you submit the payment order after 14:30 CET, Intergiro receives the payment order the next banking day and will execute it on that day. Public holidays may delay the execution of the Payout until the next working day.
6.11 The recipient generally receives a Payout on the next banking day. However, a Payout may be delayed if the payment order has to be assessed by Intergiro due to legal compliance reasons, such as transaction monitoring requirements.
6.12 Intergiro may, at its sole discretion, reject a payment order if it would be in breach of the Agreement or any applicable legislation, or if Intergiro suspects that the execution of the Payout would be prohibited, for example, in breach of international sanctions.
6.13 You, as the holder of the Account, are responsible for providing the correct account details to the recipient. This is important as neither payment orders nor Payouts can be canceled or reversed. While BNKA Customer Support will try its best to help you recover your funds in circumstances where incorrect recipient account details have been provided, there is a risk that you may lose any funds sent to the wrong account.

7. Additional Account functionality Cards

7.1 You can choose to add a BNKA VISA card to your Account. You order the card, which is a physical or virtual debit card (as applicable), issued by Intergiro in accordance with Intergiro's license from VISA and branded with BNKA through the Platform (the "Card"). You will be able to use your Card to purchase goods and services in stores (for physical cards) and/or online where VISA is accepted. These Terms and Conditions are applicable to your order and use of your Card.
If Apple Pay is available for your Card, you will be able to sign up for Apple Pay and start making Card Transactions using your Apple device. By signing up for Apple Pay through your Apple device, you also accept our Intergiro Apple Pay Specific Terms and Conditions. If Google Pay is available for your Card, you will be able to sign up for Google Pay and start making Card Transactions using your Android device. By signing up for Google Pay through your Android device, you also accept our Intergiro Google Pay Specific Terms and Conditions.
7.2 If your Card is lost, stolen, or is otherwise out of your possession or control (including if you suspect or learn that an unauthorized third party has access to or uses your Card or knows the details of your Card, such as card number, expiration date, and/or the 3-digit CVC number on the back of your Card), you must immediately freeze your Card through the BNKA Platform. If you are unable for any reason to access the Platform, you must immediately contact BNKA Customer Support and report your Card as lost/stolen. If Apple Pay is available, you can choose to either (i) keep the tokenized Card active in your Apple wallet even though the physical Card is frozen or to (ii) freeze both.
There are two ways to unfreeze your Card, either by (a) using the Platform or (b) contacting BNKA Customer Support during operational hours. If you would like to block your Card, i.e., permanently terminate it, you can do that by using the Platform or by contacting BNKA Customer Support during operational hours.
7.3 A physical Card is sent to the delivery address confirmed by you. Please note that you will be responsible for providing the correct address for the card delivery. Upon receipt of the physical Card, you activate the Card on the Partner Platform and choose the PIN code. You access your virtual Card using the Platform. Virtual Cards are active upon issuance and do not have a PIN code.
7.4 Intergiro may freeze your Card if there is a risk of non-secure use of the Card or if Intergiro suspects that there has been unauthorized use of your Card. You will always be notified in such circumstances. Intergiro may subsequently decide (at its sole discretion) whether to reactivate your existing Card or replace it with a new Card.
7.5 You may use your Card to purchase goods or services or, in the case of a physical Card, to withdraw cash ("Card Transaction"). Please ensure that there is sufficient balance (including any fees and charges) on your Account; otherwise, your Card Transaction will be rejected. It is not possible to overdraw the Account.
7.6 To make Card Transactions with a physical card, you use chip and PIN code or by touching the Card at the payment terminal (contactless), or in the case of a physical or virtual Card, enter the details of the Card (the card number, expiry date, and CVC number) online where VISA is accepted or by way of telephone order (MOTO) payments. You can view the virtual card details in the Platform.
7.7 The following actions will be considered as you giving Intergiro your consent to (i) the execution of a Card Transaction and (ii) the debiting of any related fees or charges: using chip and the PIN code; touching or inserting the Card at a payment terminal, electronic card reader, or ATM machine and using the PIN code or taking other actions as instructed by the terminal/machine (such as pressing a button); entering card details (card number, expiry date, and CVC number); entering into an agreement and providing card details for the payment of recurring services, such as subscribing for online services that are debited regularly; or any similar actions as the ones stated above.
7.8 A Card Transaction cannot be canceled or reversed once Intergiro has received the payment order, which generally takes place directly when you purchase the goods or services from the merchant.
7.9 Each Card Transaction is settled in EUR. This means that if you make a purchase in another currency than euro, a currency conversion is required (and will take place automatically). Such currency conversion is executed by VISA or another third party, and Intergiro cannot influence the rate of such currency conversion. Consequently, neither Intergiro nor BNKA assumes any liability for any loss you may incur due to the currency conversion. Intergiro cannot refund transactions without an exact amount, so you are advised to only use your Card for Card Transactions with exact amounts.
7.10 The expiry date of your Card is set out on the Card. Please ensure to order a new Card using the Platform before such expiry date to ensure that there will not be a period where you cannot use a Card.

8. Top-Up

8.1 If Intergiro's top-up functionality is available for your Account on the Platform, you can add funds to your Account using your Mastercard or VISA payment card ("Top-Up"). Funds added through a Top-Up are generally credited by Intergiro to your Account without delay.
8.2 To create a Top-Up, you generally need to provide the following information: your name; your email address; your card number; CVC code; expiry date; and amount.
8.3 The minimum Top-Up amount per transaction is 2 EUR. Maximum limitations may apply to the Top-Up functionality.
8.4 Once you have made the Top-Up, you cannot get your funds back. This means that revocation of an approved Top-Up transaction is not possible.

9. Tips

9.1 If Intergiro's tip-up functionality is available for your Account on the Partner Platform, you can receive funds from any cardholder using a Mastercard or a VISA payment card ("Tip-Up"). The applicable fees and charges for using the Tip-Up functionality are set out on the pricing information page available on the Partner Platform.
9.2 In the event of a dispute, suspected fraud, or similar event, Intergiro has the right to freeze the Tip-Up amount credited to your Account. Furthermore, Intergiro has the right to withhold the frozen amount until the dispute or case is resolved.

10. Rejected transactions, refunds, and unauthorized use

10.1 Intergiro may reject any transaction (including a Payout, a Collection, a Card Transaction, and a Top-Up, jointly a "Transaction") made to or from your Account if Intergiro believes that it is in breach of the Agreement or any applicable legislation, rules, or regulation.
10.2 If you experience an error with any Transaction made to or from your Account, please contact BNKA Customer Support as soon as possible and no later than ten (10) banking days after the Transaction was executed. BNKA Customer Support will help you resolve any issues, however, no guarantee is granted for the success of such measures as the error may have been caused by a third party outside of Intergiro's control. Where Intergiro does have control, Intergiro may reverse an erroneous transaction or refund any overpayments if Intergiro considers it appropriate. A return, depending on the circumstances, may entail third-party fees at your cost, meaning that the returned transaction amounts may be lower than the original transaction. Please note that if you contact BNKA Customer Support later than ten (10) banking days after you made or received an erroneous Transaction, it is unlikely that BNKA Customer Support nor Intergiro will be able to help resolve the matter. Intergiro aims to refund or reverse the Transaction or to let you know that it cannot be refunded or reversed (as applicable) within thirty (30) days of you filing your request with BNKA Customer Support. Please note that this timeframe may need to be extended as necessary due to the complexity of the request.
10.3 If it comes to Intergiro's attention that funds have been incorrectly credited to your Account, you will be contacted as soon as possible by BNKA Customer Support and steps will be taken to help the payer to recover such funds. This may involve reversing the incorrect transaction or refunding any overpayments on your Account with your consent. If you notice any incorrect crediting of funds on the Account, please contact BNKA Customer Support.
10.4 If you become aware of or suspect that someone has unauthorizedly used or stolen from your Account, you must contact BNKA Customer Support as soon as you can; otherwise, you will be liable for such an amount. If you are notified about any suspicious Transactions on your Account, you need to inform BNKA Customer Support within thirteen (13) months from such notification that such transaction was unauthorized.
10.5 Upon your notification, Intergiro will investigate the flagged Transactions. Intergiro will generally refund the funds to your Account unless the unauthorized Transaction could take place due to your failure to protect personalized security credentials (including without limitation ordinary or one-time passwords, Account credentials, Card security details, or means of communication used with Intergiro or BNKA for authentication purposes). In this case, you are liable for the amount, up to EUR 35. If the unauthorized transaction could take place due to your breach of the Agreement intentionally or with gross negligence, you are liable for the amount, up to EUR 1,000. If you acted particularly reprehensibly, you will be liable for the full amount.
10.6 It is very important that you immediately notify us if your Card is lost, stolen, or is otherwise out of your possession or control. Intergiro will refund the funds charged from your Account by way of Card Transactions only after you have notified us that a Card is stolen, lost, or otherwise out of possession or control by way set out in clause 7.2 above. If you, acting fraudulently or grossly negligently, have caused or contributed to the unauthorized transaction, Intergiro will, however, not refund such an unauthorized transaction.
10.7 Intergiro reserves the right to debit the Account with the refunded amount should Intergiro believe that the refund was requested regarding an authorized transaction.
10.8 If an executed Payout is rejected by the beneficiary's bank and transferred back to Intergiro, Intergiro will create a Collection into your Account. Such a return, depending on the circumstances, may entail third-party fees at your cost, meaning that the returned transaction amounts may be lower than the original transaction. Visa Direct OCT
10.9. You hereby refuse a Visa Direct OCT if it was (a) received by mistake, or (b) a duplicate. Furthermore, you understand and accept that Intergiro is obliged to retrieve these funds and reverse the Visa Direct OCT after it was received, if the transaction was: settled to you twice; settled to a blocked card or closed account; made during a VisaNet timeout; or not in line with card schemes rules or laws. In case the sender of the Visa Direct OCT transaction disputes the transaction due to (i) incorrect account number, (ii) incorrect transaction amount, (iii) duplicate processing, or (iv) incorrect transaction code, Intergiro may withdraw the disputed amount from your Account until the dispute is resolved.

11. Fees and charges

11.1 For the use of your Account, you will be charged fees and charges in accordance with the pricing information available on the Platform.
11.2 Any changes to the fees and charges will be notified to you. If you do not accept such changes, please inform BNKA Customer Support. Please note that Intergiro has the right to terminate your Account in that case, in accordance with the provisions of the Agreement.
11.3 Transaction-related fees and charges will be deducted from your Account at the moment, such as when making a Transaction subject to fees. Any monthly fees will be deducted from your Account on a monthly basis in arrears. You can keep track of fee deductions on your Account using the Platform.
11.4 If there are insufficient funds on your Account to cover fees or charges, you need to add funds to your Account as soon as possible.
11.5 Intergiro may block Payouts from your Account or close your Account if there are insufficient funds to cover fees and charges and you do not add sufficient funds to your Account upon request. Intergiro or BNKA has the right to bring legal actions against you to recover any sums you owe. If Intergiro or BNKA incurs any costs taking any of these measures, you may be charged for the reasonable costs.
11.6 You have no set-off right under the Agreement.
11.7 Please note that any third-party fees and charges incurred by Intergiro or BNKA as a result of your use of the Account will be passed on to you. Please see the pricing information available on the Platform for further information on third-party fees and charges.

12. Account security

12.1 Safety of your funds. E-money is a type of electronic cash that Intergiro, as a regulated e-money institution, is authorized to issue in exchange for the receipt of "real money." Your Account is an e-money account that holds your e-money. Upon the receipt of Collections or Top-Ups intended for your Account, Intergiro deposits such money into a bank account with its partner bank and issues the corresponding amount of e-money to your Account. Intergiro is required to do so under mandatory law to keep your money segregated from Intergiro's funds, and Intergiro is not, unlike a bank, allowed to lend your money to anyone. This means that your money is secure and at all times deposited in ring-fenced accounts Intergiro holds with its partner banks within the EU. These safeguarding practices are designed to protect your money. In the unlikely event of Intergiro's insolvency, after administrator or liquidator costs have been paid, you as Intergiro's customer will rank first in any claim on funds held in the ring-fenced accounts. This means that only after customers' funds have been returned will Intergiro's debts owed to third parties be paid.
12.2 Under the terms of Intergiro's e-money license, Intergiro is not permitted to pay interest to you and the funds in your Account are not covered by any deposit guarantee schemes.
12.3 Intergiro's protection of your Account. Intergiro uses fraud detection technologies, data encryption, and strong customer authentication solutions in its efforts to prevent unauthorized or fraudulent use of your Account. If Intergiro suspects any unauthorized or fraudulent use of your Account, you will be contacted by BNKA Customer Support.
12.4 Intergiro may restrict certain merchants you can make payments with if considered necessary to protect your Account.
12.5 Your responsibility. You are responsible for keeping your Account, including your Card, safe. While measures are undertaken to protect your Account, please note that you are responsible for ensuring that your Account and your credentials, your Card, all details of your Card (such as card number, expiration date, and 3-digit security code), ordinary and one-time passwords, means of communication used with Intergiro and/or BNKA for authentication purposes ("account credentials") are kept safe and secure and that you do not keep account credentials or security details together with a Card or a device used to access the Platform; you use a strong password, which you do not use for any other account or similar, which you update from time to time; you do not let any third party access or use the Account; only your biometrics (Touch ID and/or Face ID) are registered on your mobile device; you immediately contact BNKA Customer Support if you suspect or experience that your Account (or any information thereof) is accessed or otherwise used by an unauthorized third party or if you suspect that any account credentials are at risk of or are being used or otherwise possessed by an unauthorized third party; you immediately contact BNKA Customer Support if your Card is lost, stolen, or gets otherwise out of your possession or control or if the details of your Card might have been used without authorization; you ensure that all information (including but not limited to your contact details and address) relating to the Account is up-to-date and that you inform BNKA Customer Support without undue delay of any change; and you always follow the rules and recommendations regarding the security of your Account.

13. Changing the Agreement, closing your Account

13.1 Intergiro may unilaterally change the Agreement (such as these Terms and Conditions or the Privacy Policy), for example, to introduce new products or to comply with applicable law. In case of any changes that could affect your current use of your Account, you will be notified at least two (2) months in advance of such change. If you do not accept the changes, you should notify BNKA Customer Support before the changes take effect. Please note that Intergiro may terminate the Agreement with you and close your Account in such a case.
13.2 You can terminate the Agreement free of charge and close the Account at any time without a notice period. Please contact BNKA Customer Support if you wish to terminate your Account.
13.3 Intergiro can terminate the Agreement with you and close the Account with two (2) months' prior notice for any reason, including if you are no longer a customer of BNKA.
13.4 Additionally, Intergiro may (i) suspend your Account (or any part thereof), or (ii) terminate the Agreement and your Account (or any part thereof) with immediate effect if you, in Intergiro's opinion, materially breach the Agreement, any applicable laws, or if Intergiro is required to do so under any law, regulation, court order, or request of an authority.
13.5 In certain circumstances, Intergiro is prevented from closing the Account due to ongoing investigations concerning the Account. In such cases, we may freeze the Account and your funds for the time necessary to complete the investigation.
13.6 Closure of your Account. You will be notified before your Account is closed. In these circumstances, any pending payment order or ongoing Transaction may be canceled, restricted, or blocked.
13.7 Unless you instruct otherwise before the closure of the Account, any unclaimed funds from the Account will be moved to a separate account and kept for at least one (1) calendar year (subject to associated fees being deducted as applicable). You may contact BNKA Customer Support within one (1) calendar year from the closure of your Account, and request a transfer of the unclaimed funds to you (subject to associated transaction fees being deducted as applicable). If you do not claim such funds within one (1) calendar year of closure, such funds may be deposited (subject to associated transaction fees being deducted as applicable) on your behalf and at your cost with the County Administrative Board of Stockholm, Sweden (Länsstyrelsen i Stockholm) postal address: Box 22067, SE-104 22 Stockholm, Sweden. Visiting address: Regeringsgatan 66, telephone: +46 10 223 10 00. Once any unclaimed funds are deposited at the County Administrative Board of Stockholm, Intergiro's responsibility regarding such funds shall cease and fees and taxes will apply according to the rules of the County Administrative Board.

14. Additional legal terms

14.1 Negative balance. It is generally not possible to overdraw the Account. It is your responsibility to ensure that there is always a sufficient balance (including any fees and charges) on your Account before you create a payment order or make a Transaction. In rare circumstances, the Account may have a negative balance due to a reversed transaction, due to the fees and charges to be deducted, or due to an offline Card transaction. In such a case, you will need to transfer funds to your Account to cover the overdrawn amount within five (5) banking days; otherwise, Intergiro has the right to terminate the Agreement with immediate effect and close your Account in accordance with these Terms and Conditions.
14.2 Changes to Account details. In rare circumstances, Intergiro may, due to operational reasons, need to make changes to account details (such as account numbers). In such a case, you will be notified in advance. Following such a change, you need to refrain from using the old account details, as transactions may not reach your Account otherwise. Unfortunately, Intergiro cannot accept responsibility for any losses incurred as a result of using the old account details.
14.3 Inactivity. Your Account is a payment transaction account and not intended for savings. If your Account is inactive, meaning that no payment order has been created or any Transaction has been made, for a period longer than six (6) months, Intergiro has the right to terminate the Agreement with you and close your Account.
14.4 Intellectual property rights. Upon entering into the Agreement, Intergiro grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use Intergiro's products and services. All intellectual property in Intergiro's products and services is owned by Intergiro or Intergiro's licensors (such as Intergiro's logo and designs, the content on Intergiro's website, all software and source code, trademarks, know-how, and data related to Intergiro's products and services). You do not have any right to use Intergiro's or Intergiro's licensors' names, trademarks, logos, or other intellectual property. You must not copy, reproduce, modify, reverse engineer, or disassemble any of Intergiro's products, services, or intellectual property rights.
14.5 Intergiro's liability. The Account and all services provided by Intergiro are provided "as is" and Intergiro cannot guarantee that the services will be free from faults or interruptions. This is partly due to the fact that Intergiro relies on some third parties to provide the Account and the services. If your Card is not functioning correctly, Intergiro's only responsibility will be to replace that card.
14.6 Intergiro is not liable for any services provided by the Partner to you through the Partner Platform or otherwise, and Intergiro does not undertake any responsibility in relation thereto.
14.7 Exclusions of liability. In addition to the above and to the extent such limitation is permitted by law, Intergiro will not be responsible: for any indirect, punitive, or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill, and loss of reputation; for any damages, losses, or costs in connection with or due to Intergiro's compliance with applicable laws, regulations, orders and decisions of courts or authorities, or other regulatory requirements of payment systems, card payment systems, or any other payment, clearing or settlement system; for any damages, losses, or costs in connection with or due to any delays, interruptions, faults, or inaccuracies relating to the Account; for any damages, losses, or costs caused by a virus, malware, phishing, or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Account; for any damages, losses, or costs that arise in connection with or due to unauthorized transactions, other than as set out in these Terms and Conditions; for any damages, losses, or costs arising in connection with or due to Intergiro's decision (i) not to onboard you and open an Account for you, (ii) close your Account, or (iii) reject a Transaction; for any damages, losses, or costs arising in connection with or due to (i) third-party financial institutions' delays, errors, fees, costs or charges, (ii) a returned Transaction due to currency conversion results in a lower amount compared to the original transaction, (iii) you not providing accurate and correct payment details, including the beneficiary's account details, (iv) you have not provided the necessary KYC information or only with delay, or if the KYC information you provided is not authentic, up-to-date, true or correct, (v) currency conversions relating to your Card, (vi) you contacting BNKA Customer Support later than the deadline provided after you noticed an error in a Transaction, (vii) a returned Transaction, (viii) your failure to keep your Account safe, (ix) you approving a Card Transaction that you do not know the exact amount of; for any acts or any fees charged by third parties, such as third-party banks, for the use of their facilities or services, or for the assessment or payment of any taxes, duties, or other charges that arise from an underlying transaction; or for any fraudulent activities conducted by any third party contacting you posing to be representing for example Intergiro or the Partner, a well-known company, or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins, etc., or to initiate a Transaction. Neither Intergiro nor the Partner requests that kind of information or undertakes any such action.
14.8 Force Majeure. Intergiro shall not be liable for any breach or delay in the performance of Intergiro's obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic, or any cause beyond the reasonable control of Intergiro ("force majeure event"). Should a force majeure event occur, you will be notified thereof, and Intergiro will be excused from the performance of the obligations being affected for as long as such force majeure event prevails.
14.9 Severability. If any of the provisions of the Agreement is deemed invalid, unlawful, or unenforceable, the remaining provisions of the Agreement shall continue to be valid and binding on you and Intergiro.
14.10 Assignment. You may not assign your rights or obligations under the Agreement to a third party and you are the sole party to the Agreement with Intergiro. You are liable until the Account is terminated and any sums due have been paid by you in full. Intergiro may assign its rights or obligations under the Agreement to an Intergiro group company or to any third party without your prior consent. BNKA may substitute Intergiro for another payment service provider, in which case Intergiro shall inform you with at least two (2) months' notice. In such a case, you will remain a customer of BNKA and get the possibility to apply for payment services provided by the other payment service provider in connection with the substitution.
14.11 Performance. Intergiro and BNKA have a shared responsibility to ensure the functionality of the services. Intergiro is solely responsible for the payment services, but BNKA shall ensure that the functions through the integration to the Platform work as intended.
14.12 No waiver. Intergiro has the right to exercise any right or remedy it has under the Agreement at any time, even if such exercise is delayed, or Intergiro previously failed to exercise any right or remedy it is entitled to.
14.13 Swedish law applies. The Agreement shall be governed by Swedish law without regard to conflict of law principles.
14.14 Dispute resolution. If you are dissatisfied with your Account or Intergiro's services, please contact BNKA Customer Support. You may also contact Intergiro's complaints team at complaints@intergiro.com. If you wish to present a formal complaint, it should be in writing including the relevant circumstances of the complaint. In case of a dispute between you and Intergiro, you may file a complaint with the National Board of Consumer Disputes (Sw. Allmänna Reklamationsnämnden (ARN)) in Sweden, which provides alternative dispute resolution free of charge. For more information, please refer to the website www.arn.se or https://arn.se/om-arn/Languages/english-what-is-arn/. A complaint to the National Board of Consumer Disputes must be in writing. Please note that certain limitations in time and value apply. Intergiro undertakes to participate in the National Board of Consumer Disputes' processing of the dispute. More information on your consumer rights is available at www.konsumenternas.se.
14.15 You also have the right to use the European Union's online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/?event=main.trader.register or the Financial Dispute Resolution Network FIN-NET, available at https://ec.europa.eu/info/business-economy-euro/banking-and-finance/consumer-finance-and-payments/retail-financial-services/financial-dispute-resolution-network-fin-net/make-complaint-about-financial-service-provider-another-eea-country_en
14.16 More information about online dispute resolution is available at www.konsumenteuropa.se.
14.17 If Intergiro presents legal actions against you, the courts of Sweden shall have jurisdiction to settle any dispute. However, Intergiro has the right to bring legal action against you in a court of another country if you are resident in or hold assets in such a country.
14.18 Distance Contracts Act. In accordance with the Swedish Distance Contracts Act (Sw. lag 2005:59 om distansavtal och avtal utanför affärslokaler), you, as a consumer, have the right to withdraw from the Agreement entered into with Intergiro as it has been entered into at a distance (withdrawal right). If you wish to exercise such withdrawal rights, you must contact BNKA Customer Support within 14 days from the date of the entering of the Agreement or from the date you were fully aware of the exact information contained within the Agreement. The withdrawal right only applies to the Agreement and not to any Transactions or other services that Intergiro has provided you with after entering into the Agreement. If you exercise your withdrawal right, Intergiro has a right to compensation for services provided during the time you have used them and for costs incurred up until the time the withdrawal right was exercised.

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