1.1 Contracting Parties and Subject Matter
QPLIX GmbH (hereinafter "QPLIX") is a payment institution (Zahlungsinstitut) licensed and supervised by the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – "BaFin").
QPLIX provides an online Account Information Service (Kontoinformationsdienst – "AIS") that enables users of the service provided via the internet (website and app) by Parqet Fintech GmbH, Ballindamm 27, 20095 Hamburg (hereinafter "Service Provider") (such users hereinafter "Parqet End Users") to retrieve portfolio holdings and portfolio movements as well as account balances and account transactions (hereinafter collectively "Account Information") from securities accounts (Depots), payment accounts and other accounts (hereinafter collectively "Accounts") held at credit institutions, financial service institutions, credit card companies and other financial data providers (hereinafter collectively "Account Servicing Payment Service Providers" or "ASPSPs"), to the extent such Accounts fall within the scope of services agreed between the Parqet End User and the Service Provider.
Each retrieval of Account Information within the scope of the AIS is based on a separate individual contract between the Parqet End User and QPLIX (each hereinafter a "Usage Agreement").
The Account Information retrieved via the AIS is processed by QPLIX and made available to the Parqet End User through technical interfaces via the Service Provider's service.
1.2 Relationship with the Service Provider
QPLIX and the Service Provider are legally and economically independent entities that each provide separate and distinct services to the end user (for the interaction between QPLIX and the Service Provider, see Section 2.1.1).
1.3 Process of Concluding the Contract
The conclusion of this Usage Agreement is a prerequisite for the use of the AIS. The Usage Agreement is concluded separately for each individual retrieval of Account Information (individual contract).
The Parqet End User accesses the AIS from within the Service Provider's service. This takes place either by way of redirection to a website or application operated by QPLIX, or by way of embedding the user interface (website or application) provided by QPLIX into the Service Provider's service (e.g. via iFrame; hereinafter collectively "QPLIX Application").
On the QPLIX Application, the Parqet End User may carry out the following steps:
1.3.1 The Parqet End User reviews these Terms of Use, including the pre-contractual information, as well as the separate privacy notice, and enters his or her access credentials for the relevant ASPSP (e.g. user ID as well as PIN or password; hereinafter "Account Access Credentials").
By clicking the button labelled "Agree and Continue" (Zustimmen und Weiter) or a similar designation, the Parqet End User declares his or her acceptance of these Terms of Use. Upon such acceptance, the Usage Agreement between the Parqet End User and QPLIX is concluded (hereinafter "Conclusion of Contract").
The Account Access Credentials entered by the Parqet End User are then transmitted to QPLIX and the connection to the relevant ASPSP is established by QPLIX.
1.3.2 The relevant ASPSP may require Strong Customer Authentication (starke Kundenauthentifizierung) for access to the Account held with it in the context of the AIS. If this is the case, the Parqet End User enters the requested personalised security credential (personalisiertes Sicherheitsmerkmal) (e.g. a TAN; hereinafter "Security Credential") in the input form provided by QPLIX. The Security Credential is transmitted to the relevant ASPSP via QPLIX, to the extent this is required for authentication and technically feasible.
1.4 Exclusive Applicability of these Terms of Use
These Terms of Use shall apply exclusively to the provision of the AIS in the relationship between QPLIX and the Parqet End User. Any general terms and conditions of the Parqet End User that deviate from or conflict with these Terms of Use shall not be recognised by QPLIX and shall have no legal effect, unless QPLIX has expressly agreed to their applicability in writing beforehand.
These Terms of Use apply to each individual retrieval of Account Information (individual contract). Prior to each new retrieval, the Parqet End User will be presented with the then-current Terms of Use and is required to accept them.
2.1 Functionality and Interaction
2.1.1 Interaction between the Service Provider's Service and the AIS
The Parqet End User may access the AIS from within the Service Provider's service. The entry and processing of the Parqet End User's Account Access Credentials and, where applicable, Security Credentials with the relevant ASPSP, as well as the execution of the AIS, are carried out directly by QPLIX. After execution of the AIS, QPLIX makes the retrieved Account Information available to the Parqet End User for display and further processing within the Service Provider's service. At no time does the Service Provider receive sensitive payment data (sensible Zahlungsdaten) that would enable it to independently access the Parqet End User's Accounts held at ASPSPs. Sensitive payment data is transmitted to and processed exclusively by QPLIX systems. QPLIX protects the sensitive payment data entered by the Parqet End User against unauthorised access through appropriate technical and organisational measures.
2.1.2 Scope of the AIS
The AIS comprises the following functions:
- Receipt of the Parqet End User's Account Access Credentials for the relevant ASPSP on the QPLIX Application and transmission to the relevant ASPSP.
- Receipt of the Security Credential required for access to the relevant Account on the QPLIX Application and transmission to the relevant ASPSP.
- Individual retrieval of Account Information.
2.1.3 Fulfilment of the AIS
The provision of the AIS under the Usage Agreement is fulfilled once QPLIX has retrieved the Account Information from the relevant ASPSP and made it available to the Parqet End User via the Service Provider's service (hereinafter "AIS Fulfilment").
3.1 Intended Use
The Parqet End User may use the AIS exclusively in accordance with these Terms of Use.
In particular, the Parqet End User shall not:
- disrupt, overload or interrupt the functionality of the AIS;
- circumvent, impair or manipulate the operation or functionality of the AIS;
- circumvent technical safeguards or restrictions;
- embed the AIS on any other website or in any other application, or otherwise link to it;
- compromise the security of any software, networks or servers used by QPLIX, or exploit security vulnerabilities thereof; or
- use the AIS in connection with activities that constitute a criminal offence or violate national or foreign laws or regulations.
3.2 Confidentiality of Account Access Credentials and Security Credentials
The Parqet End User is obliged to keep his or her Account Access Credentials and Security Credentials confidential and to protect them against unauthorised access.
3.3 Reporting of Suspected Incidents
The Parqet End User is obliged to notify his or her ASPSP without undue delay (unverzüglich) if the Parqet End User becomes aware of any indications of misuse of his or her Account Access Credentials or Security Credentials, unauthorised access to Account Information, or any other security incident in connection with the use of the AIS. In addition, the Parqet End User shall notify the Service Provider of any such suspected incidents without undue delay via the contact channels provided within the service.
3.4 Suspension in Case of Misuse
QPLIX is entitled to suspend the Parqet End User's access to the AIS if there are concrete indications of misuse of the AIS or a threat to data security.
QPLIX shall be liable in accordance with the applicable statutory provisions for damages that
1. were caused by QPLIX intentionally or through gross negligence;
2. were caused by QPLIX through simple negligence and result from injury to life, body or health;
3. were caused by QPLIX through simple negligence and result from the breach of material contractual obligations (Kardinalpflichten), i.e. obligations the fulfilment of which is essential for the proper performance of the Usage Agreement and on the observance of which the Parqet End User may legitimately rely. In such case, the liability of QPLIX shall be limited in amount to the damage that was foreseeable and typical for this type of contract.
The above limitations of liability shall apply accordingly to claims against executive bodies (Organmitglieder), employees and agents of QPLIX.
Mandatory statutory liability provisions shall remain unaffected by the above limitations ofliability.
The use of the AIS is free of charge for the Parqet End User.
6.1 Term and Termination
The Usage Agreement (individual contract) becomes effective upon Conclusion of Contract and terminates automatically upon AIS Fulfilment, without the need for any notice of termination.
6.2 Consequences of Termination
Upon termination of the Usage Agreement, QPLIX will delete personal data of the Parqet End User that was processed in connection with the Usage Agreement, unless QPLIX is entitled or obliged to retain such data under applicable legal provisions.
7.1 Governing Law
This contract and any disputes arising in connection here with shall be governed exclusively by the laws of the Federal Republic of Germany.
7.2 Jurisdiction
If the Parqet End User is a merchant (Kaufmann), a legal entity under public law or a special fund under public law (öffentlich-rechtliches Sondervermögen), Munich shall be the exclusive place of jurisdiction. QPLIX shall in such case also be entitled to bring proceedings at the registered seat of the Parqet End User.
I. Information on the Payment Service Provider (Zahlungsdienstleister)
1. Name and Address
QPLIX GmbH
Nußbaumstrasse 12
80336 Munich, Germany
Telephone: +49 89 998 2716-0
E-mail: info@qplix.com
Web: https://www.qplix.com
Local Court (Amtsgericht) Munich, HRB 200052
BaFin ID: 154608
2. Competent Supervisory Authority and Registration
Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – BaFin)
E-mail: poststelle@bafin.de | Web: www.bafin.de
Office in Bonn: Graurheindorfer Str. 108, 53117 Bonn
Office in Frankfurt: Marie-Curie-Str. 24-28, 60439 Frankfurt
Deutsche Bundesbank
Regional Office Berlin and Brandenburg (Hauptverwaltung Berlin und Brandenburg)
Leibnizstr. 10, 10625 Berlin
E-mail: info@bundesbank.de | Web: www.bundesbank.de
II. Information on the Use of the Payment Service(Zahlungsdienst)
1. Key Features of theAccount Information Service
The Account Information Service (Kontoinformationsdienst – "AIS") provided by QPLIX isan online service for the provision of consolidated information on securities accounts (Depots), payment accounts and other accounts held at credit institutions, financial service institutions, credit card companies and other financial data providers (hereinafter collectively "ASPSPs").
The agreement between QPLIX and the Parqet End User regarding the use of the AIS (hereinafter "Usage Agreement") is concluded when the Parqet End User enters his or her access credentials for the relevant ASPSP (e.g. user ID as well as PIN or password) on a website or application operated by QPLIX, which may be embedded in the service of Parqet Fintech GmbH (hereinafter "Service Provider"), and grants his or her consent to the "Terms of Use for Parqet End Users of QPLIX Account Information Services" (hereinafter "Terms of Use") by clicking the button labelled "Agree and Continue" (Zustimmen und Weiter) or a similar designation.
The Usage Agreement is concluded separately for each individual retrieval of Account Information (individual contract).
2. Fees and Exchange Rates
The use of the AIS is free of charge for the Parqet End User. QPLIX has no influence over any fees, interest rates or exchange rates arising from the contractual relationships between the Parqet End User and the Service Provider or the ASPSPs.
3. Communication
The pre-contractual information and the Terms of Use are made available to the Parqet End User by QPLIX in the German language prior to the conclusion of the relevant Usage Agreement. Communication between the Parqet End User and QPLIX takes place in the German language.
4. Protective and Remedial Measures
In the event of suspected or actual fraud or security risks, QPLIX or the Service Provider will inform the Parqet End User accordingly.
5. Complaint and Redress Procedures
Parqet End Users may at anytime file a complaint in writing, electronically or for the record (zur Niederschrift) with the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht), Graurheindorfer Straße 108, 53117 Bonn, regarding breaches by QPLIX of the Payment Services Supervision Act (Zahlungsdiensteaufsichtsgesetz – ZAG), Sections 675c to 676c of the German Civil Code (Bürgerliches Gesetzbuch – BGB), or Article 248 of the Introductory Act to the German Civil Code (Einführungsgesetz zum Bürgerlichen Gesetzbuche – EGBGB).
For the resolution of disputes between the Parqet End User and QPLIX arising from the application of Sections 675c to 676c BGB or from the application of the Payment Services Supervision Act, insofar as these provisions establish obligations of QPLIX towards the Parqet End User, the conciliation body at the Deutsche Bundesbank (Schlichtungsstelle bei der Deutschen Bundesbank) (P.O. Box 10 06 02, 60006 Frankfurt, e-mail: schlichtung@bundesbank.de, web: www.bundesbank.de/schlichtungsstelle) has jurisdiction. Beyond the foregoing, QPLIX is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration body (Verbraucherschlichtungsstelle).