1. General provisions
1.1.PayDot OÜ, registered in the Commercial Register of Estonia under register number 17417069, Marati tänav 5/2, 11712, Tallinn, Estonia, info@paydot.eu ("Paydot"), operates a web-application on the website https://paydot.eu/ that enables users ("User(s)") to instruct their account-holding bank to issue payments without making use of a debit or credit card, in each case in accordance with the General Terms & Conditions of Paydot (available at https://paydot.eu/termsandconditions) and these Terms of Use for the Web-App ("Web-App").
1.2.Paydot's website and the Web-App are made available to (potential) Users on the basis of the following provisions.
2. Usage requirements
2.1.No User registration is required to use the website and the Web-App.
2.2.The User shall be responsible for providing the necessary technical requirements for access to our website and/or Web-App. The User shall also bear all access and data transmission costs. Furthermore, the User shall ensure that his IT system/device has security precautions as reasonably expected according to the current state of the art, and that all security updates for the installed operating system and the browser used are available.
3. The Web-App
3.1.By the means of accessing the Web-App mentioned in section 2.1 of Paydot's General Terms & Conditions (available at https://paydot.eu/termsandconditions), Users are directed to the Web-App. In the input mask, Users may enter the amount and the reason for payment to the payee. After confirming the entered data (through the button "confirm payment"), the Users are asked to select their account-holding bank in order to process the payment in their name and on their behalf. Another confirmation (through the "continue to bank") redirects Users to the website or application of the selected bank to complete the payment to the payee. The User confirms payment on the selected bank's website or application.
3.2.Paydot uses payment initiation services provided by Plaid B.V., registered in the Netherlands with the Dutch Chamber of Commerce under number 74716603, Muiderstraat 1, 1011 PZ, Amsterdam, Netherlands, to initiate transactions and be notified of transaction results. Plaid B.V. is a financial interface provider that provides the application programming interface to the User's account-holding bank. Plaid B.V. provides its services based on their own terms and conditions and terms of use. The User's bank will confirm the payment to the payee when the transaction has been successfully completed. Plaid B.V. notifies Paydot of the transaction results.
3.3.Paydot is neither a credit institution within the meaning of the Capital Requirements Regulation (EU) 575/2013 of the European Parliament and of the Council of 26 June 2013 and any related European banking regulations nor a payment service provider within the meaning of the Payment Services Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 and any national implementing laws of this Directive. Paydot is not authorized to carry out banking or payment services and does neither offer nor process such services. Accordingly, Paydot does not accept payments by Users on behalf of the payee nor does Paydot make or transfer any payment to the payee.
3.4.The debtors of the banking and/or payment service are solely the User's credit institution and/or the payment service provider in their own name and on their own account, which may provide their services on the basis of their own general terms and conditions. Paydot does not owe such banking and/or payment services and is not liable for any defective provision of such services by the instructed credit institution and/or the payment service provider used. Paydot's service is strictly limited to providing an interface via the Web-App, which connects Users to their account-holding bank to instruct payment to the payee.
3.5.Any contract on which the User's payment to the payee shall be based on only exists between the User and the payee. Paydot shall not be a contractual partner of the payee or the User with regard to the underlying contract giving rise to the intended payment. The related payment, or any other consideration of the User under their legal relationship with the payee, is owed exclusively by the User and not by Paydot.
3.6.Paydot reserves the right to change the range of functions of the Web-App and its general design or to offer different services.
4. Violation of Terms of Use
4.1.Paydot reserves the right to block or temporarily block Users who violate these Terms of Use without prior notice, without the User being entitled to derive claims of any kind against Paydot or third parties.
5. Costs
5.1.The use of the Web-App is free of charge for the Users. Paydot reserves the right to monetize the Web-App by placing online advertising.
5.2.Applications or other third parties may, however, charge the User for their products and services in connection with the use of our Web-App (e.g. banking fees for processing a payment).
6. Intellectual property rights
6.1.Paydot shall be entitled exclusively to its intellectual property rights.
6.2.Paydot's intellectual property is protected by copyright, trademark and/or similar laws. It may not be used, impaired, copied, reproduced, modified, downloaded, transmitted or otherwise exploited without Paydot's express written consent.
6.3.By using the Web-App, the User does not acquire any intellectual property rights.
7. Data protection
7.1.Paydot undertakes to comply with the relevant data protection regulations in the applicable version and to impose compliance with these provisions on its employees as well as to take and maintain the necessary technical and organizational measures to ensure data protection. Details of the data processing can be found in Paydot's privacy policy in the applicable version, available at https://paydot.eu/privacy.
7.2.If a User provides personal data of a third party, this User confirms by sending the request that the third party is legally entitled to do so under data protection law, that any necessary consent has been given, and that the data subject has been informed about the processing. The User shall indemnify and hold Paydot harmless in this context.
8. Availability and accessibility of the Web-App | Disclaimer
8.1.Paydot provides its services on an "as is" and "when available" basis. Paydot does not warrant that the Web-App meets the needs of the Users, will be secure or uninterrupted, timely, accurate, or error-free.
8.2.The User acknowledges and agrees that the services and applications accessible via the internet are subject to typical default risks that are beyond Paydot's control. In this respect, Paydot does not assume any liability for the uninterrupted functionality and accessibility of the Web-App. In particular, maintenance work, compelling security reasons and events beyond Paydot's control (e.g. disruptions to public communication networks and the internet, power outages or similar events) may lead to disruptions, temporary suspension of accessibility or restrictions on the functions of the Web-App. Paydot is not liable if the Web-App is partially or completely unavailable due to technical circumstances. Under certain circumstances, data loss may occur. Paydot does not assume any liability for the availability of the Web-App or the absence of technical malfunctions or data loss.
8.3.Paydot may discontinue or change individual services, the website or the Web-App with immediate effect at any time, without the User being able to derive any claims against Paydot.
8.4.Paydot is solely responsible for ensuring that the technical process by which the User is redirected to his account-holding bank via means of accessing the Web-App (as referred to under section 2.1 of the General Terms & Conditions) runs as smoothly as possible. In addition, Paydot is responsible for the technical maintenance and content design of the Web-App. Beyond that, Paydot shall not assume any liability or warranty. In particular, Paydot assumes no liability for any particular characteristic, quality, usability or freedom from defects of the services offered or provided by the payment service provider and/or the bank instructed to issue the payment. Paydot is not liable for the acts or omissions of any third parties, in particular your account-holding bank and/or the payment service provider. Therefore, Paydot shall not be liable for any breaches of duty, poor performance or non-performance by the payment service provider and/or the instructed bank in the provision of their services, in particular not for poor or non-fulfilment of the payment instruction and/or for the processing of the payment to the Client.
8.5.Paydot is not liable for damage caused by slight negligence, except for personal injury. In addition, liability for pure financial losses, loss of profit, damage to third parties, indirect damages and any other forms of consequential damage is excluded.
9. Changes
9.1.Paydot may change or otherwise amend these Terms of Use at any time. By using the Web-App after the changes come into force, the User gives his/her consent to the changes.
10. Final provisions
10.1.All legal relationships between Paydot and the User shall be governed exclusively by the laws of the Republic of Austria without giving effect to private international law and the UN Convention on Contracts for the International Sale of Goods.
10.2.The exclusive place of jurisdiction for all disputes arising from or in connection with use of the Web-App is the court with jurisdiction in Vienna.
10.3.Unless expressly agreed otherwise, sending an e-mail is sufficient to meet the written form requirement.