BANK MILLENNIUM S.A. DEVELOPER PORTAL TERMS AND CONDITIONS
§ 1. Introduction
1) Bank provides documentation and Sandbox to test Solutions used for account information services and/or payment initiation services as defined under local legislation implementing PSD-2, by Developers who register to Developer Portal.
2) The aim of Terms and conditions is to regulate the usage of Bank Developer portal.
3) By accepting the Agreement, you agree to be legally bound by it.
4) If you are accepting on behalf of a other entity, then you represent that you have the authority to legally bind such entity to this Agreement.
5) If you do not accept this Agreement, you may not use or access the Developer Portal.
6) Bank may at any time alter these Terms and conditions without prior notice by publishing new or amended Terms and conditions and conditions on the Developer Portal.
7) This Agreement only covers initial development of Solutions in the Sandbox.
8) The Bank will only grant access to live production environment if Solutions meet certain standards and are certified by Bank. In order to do so, Bank will also require a production agreement with Developer.
§ 2. Definitions
1) API – Application Programming Interface
2) Bank - Bank Millennium S.A. registered at ul. Stanisława Żaryna 2A, 02-593 Warszawa.
3) Terms and conditions, Agreement – Bank Millennium S. A. Developer Portal Terms and Conditions
4) Developer Portal, Portal – test environment which belongs to Bank Millennium S.A, which contains dummy data and functionalities for Developer to create and test Solutions.
5) Developer – a payment initiation service provider or an account information service provider, as defined in PSD-2, authorized by, or registered with, a competent EEA authority to provide these services.
6) Payment service directive, PSD-2 – Second Payment Services Directive (Directive (EU) 2015⁄2366)
7) Registration – the act of accepting the Agreement and receiving access to Portal
8) Solutions – applications or services that that may allow users or customers to make use of information regarding products and services that are offered by Bank Millennium through the Sandbox
§ 3. Registration
1) In order to register and gain access to Bank Portal You have to use website at https://openapi.bankmillennium.pl.
2) Bank reserves the right to approve individual registration demands and may reject Developer’s application in its discretion without the need to provide any reasons.
3) Developer agrees to disclose to Bank Millennium any actual or potential conflicts of interest with respect to Registration. The conflicts of interest may appear when Developer is already working for, or is affiliated with, Bank’s competitor.
4) Information that Developer provides in connection with Registration must be correct and complete.
5) Developer is responsible for maintaining such information up-to-date and accurate throughout the term of Developer’s registration.
6) Upon successful registration, Developer may be provided with access credentials, passwords and other account information. These credentials will remain, the property of Bank.
7) Developer must keep the credentials confidential and may not sell, transfer, sublicense, or disclose the credentials to any other person or for any other purpose.
8) If Developer becomes aware or suspects that the confidentiality of the credentials may have been compromised, Developer is obliged to inform Bank without undue delay.
9) Developer must not attempt to circumvent or modify any credentials or other security mechanism used by Bank in connection with the Developer Portal.
§ 4. Rules of usage
1) The Developer Portal pursues the goal of interacting with Developer to validate the reasons for certain access procedures within the Portal and to achieve a steady improvement within the scope of the simulation for the programming or API development.
2) Developer is responsible for all activities that occur under usage of the credentials provided by the Bank.
3) Developer is obliged to comply with all the legal requirements and refrain from creating unlawful or objectionable content and activities.
4) Any activity on the Portal or in connection with it must be at all times in compliance with the Bank Code of Business Conduct and Ethics, which can be found here.
5) Bank uses cookies for supporting operation and functionalities of the website, such as technical operation of the website to ensure it performs as expected.
6) Bank may add or change features, and functionality of Portal at any time without the prior notice.
7) Bank may discontinue, modify, or change Portal, API and related systems and services at any time without prior notice.
8) Bank may require Developer to obtain and use the most recent version of the Portal in order to retain functionality of Solutions.
9) Modifications and changes to Portal, Bank’s services and systems may affect Solutions, requiring Developers to change Solutions at Developer’s own cost.
10) Bank will have no liability or obligation to Developer for any modifications or changes Bank makes to Portal or services or systems provided by Bank.
11) Bank will try to ensure that future versions of APIs are backwards compatible to at least the previous version to the extent reasonably possible.
12) Bank may, in sole discretion, charge Developer for API calls that exceed the call limits or terminate Developer’s access to the API.
§ 5. Restrictions
1) At all times, Solutions and Developer’s usage of the Portal will comply with all applicable law, regulations and best practices concerning privacy, data protection and on demand or downloadable software.
2) Developer is prohibited from, and will not engage, in any of the following activities: a. reverse engineering, disassembling, reconstructing, or decompiling any object code of the Developer Platform, any Bank test data, the Bank API or any other data provided by Bank in connection with the Developer Portal b. attempting unauthorized access to, or usage of, Bank’s services or systems c. damaging, disrupting, or negatively affecting the operation of Bank’s services or systems d. engaging in any activity that prevents any other Developer from using Bank’s services or systems e. collecting information about other Developers f. using robots, spiders, crawlers, scraping or other similar technology to access or use any content or any sites or services provided by Bank to obtain any information beyond what Bank provides to developer under this Agreement g. introducing any viruses, worms, defects or other malicious code or any programming of destructive nature to the Portal h. using the Developer Portal or API in a manner that exceeds reasonable request volume, constitutes excessive or abusive usage or otherwise fails to comply or is inconsistent with any part of the developer documentation provided by Bank
§ 6. License
1) Bank grants Developer, upon successful registration, a limited, non-exclusive, non-transferable, revocable and non-sublicensable right/license to use Portal for the term of Developer’s registration to the extent necessary and for the sole purpose of participating in the Developer Portal in accordance with, and within the scope of, these Terms and Conditions.
§ 7. Intellectual property rights
1) Portal is and remains the property of Bank and is protected by applicable intellectual property laws.
2) Developer grants to Bank a limited and non-exclusive right to use the object code and other content that is uploaded, or programmed on Portal to the extent necessary and for the sole purpose for Bank to operate Portal.
3) Developer warrants that they have the intellectual property rights in any content uploaded to, or programmed on, Portal by Developer and that such content does not violate or infringe the intellectual property rights of any third party.
§ 8. Promoting Solutions
1) Developer may promote their Solutions, including advertising in traditional and online media and communicating with their end users about their Solutions in accordance with applicable law, this agreement, and privacy policy and other end user agreements.
2) Developer may not use any of Bank’s brands (including: indicia, trademarks, service marks, trade names, logos, symbols or brand names) or refer to the Portal. Developer also may not claim or in any way imply in any advertising that their Solutions are created, certified, sponsored, or endorsed in any manner by Bank.
§ 9. Information confidentiality
1) If Developer gains knowledge of or receive confidential information in connection with the Portal, they must treat such information with strict confidentiality and it may not be disclosed to third parties.
2) Developer agrees to protect such information from unauthorized access and to treat it with the same care with which Developer would treat their own confidential commercial information.
§ 10. Termination
1) Bank may suspend or terminate the right to access to Developer Portal in case Developer violates the Agreement and may do so without prior notice. Upon termination, any rights which are granted to you under these Terms and Conditions will automatically cease.
§ 11. Limitation of liability
1) The Developer Portal is provided “as is”, and its use is entirely on Developer’s own risk.
2) Bank disclaims all warranties and does in particular not provide any warranty in respect to the Developer Portal as being error free, with respect to its availability or accuracy.
3) Bank shall only be liable to you for intent and gross negligence.
§ 12. Miscellaneous
1) Should any provision of these Agreement be or become invalid, the validity of the Terms and Conditions as a whole shall remain unaffected
2) These Terms and Conditions are subject to Polish law.