Terms and Conditions
These Terms and Conditions govern the rules, terms and conditions, applicable to the provision by the Bulgarian American Credit Bank AD as a payment service provider of services provided through BACB Portal website to Third party payment service providers (TPPs).
Bank Details
BULGARIAN AMERICAN CREDIT BANK AD is registered with the Business Register, kept by the Registry Agency, UIC 121246419, with seat and registered office: 2, Slavyanska St, Sredets District, Capital Municipality, 1000 Sofia. E-mail address: bacb@bacb.bg. Website: www.bacb.bg. Competent supervisory body: Bulgarian National Bank, address: 1, Knyaz Aleksandar I Sq., 1000 Sofia (reffered herein as BACB)
Introduction
According to EU 2015/2366 Payment Services Directive (PSD2), banks are mandated to provide tools to TPPs, covering access to account and payment initiation as well SCA (strong customer authentication) for customers. BACB Portal is a tool where you can issue API (Application Programing Interface) requests and receive responses.
The registration, access and use to/of the BACB Portal website at https://developer.bacb.bg/bacb/psd2 including the pertinent tools and applications, as made available by BACB from time to time in its discretion (the “Developer Portal”) is subject to the following Terms and Conditions (the “Terms and Conditions”).
The Developer Portal provides the following API:
- Account Information Service API
- Payment Initiation Service API
- Conformation of Funds Service API
- Consents Service API
By using the API and Developer Portal you certify that you have read and understood the Terms and Conditions and agree to its terms. BACB may at any time alter these Terms and Conditions without prior notice by publishing new or amended Terms and Conditions on the Developer Portal.
Your Registration to the Developer Portal
The Developer Portal is a discretionary offer by BACB. You must register through the website at https://developer.bacb.bg/bacb/psd2 for access. BACB reserves the right to approve registration demands and may reject your application in its discretion without the need to provide any reasons. You agree that you will disclose to BACB any actual or potential conflicts of interest with respect to your registration (e.g., if you are already working for, or are affiliated with, a BACB competitor or other financial institution).
Any information that you provide in connection with your registration must be correct and complete, and you are responsible for maintaining such information up-to-date and accurate throughout the term of your registration. Upon successful registration, you may be provided with access credential, passwords and other account information (the “Credentials”). The Credentials are, and will remain, the property of BACB and you are granted a nontransferable license to use the Credentials for the sole purpose of participating in the Developer Portal. You must keep the Credentials confidential and may not sell, transfer, sublicense, or otherwise disclose your Credentials to any other person or for any other purpose. If you become aware or if you suspect that the confidentiality of your Credentials have been compromised, you are obliged to inform BACB without undue delay. You must not attempt to circumvent or modify any Credentials or other security mechanism used by BACB in connection with the Developer Portal.
Rules governing your use of the Developer Portal
You are responsible for all activities that occur under usage of your Credentials, regardless whether undertaken by you or someone else. You are obliged to comply with all legal requirements and refrain from creating content that is unlawful or otherwise objectionable, or any content that may be construed as such.
You are prohibited from, and you will not engage, in any of the following activities: (a) reverse engineer, disassemble, reconstruct, or decompile any object code of the Developer Platform, any BACB test data, the BACB API or any other data provided by BACB in connection with the Developer Portal (the “BACB Content”); (b) attempt unauthorized access to, or use of, BACB’s services or systems; (c) damage, disrupt, or otherwise negatively affect the operation of BACB’s services or systems; (d) engage in any activity that prevents any other developer from using the BACB Content; (e) use any robot, spider, site search or other application to retrieve or index BACB Content, (f) collect information about other developers and (g) introduce any viruses or other malicious code.
Interaction with you governing your use of the Developer Portal
The Developer Portal pursues the goal of interacting with you 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. We reserve the right to contact you on the basis of your stated data.
Intellectual Property Rights
The Developer Portal is and remains the property of BACB and is protected by applicable intellectual property laws. BACB grants you, upon successful registration, a limited, non-exclusive, non-transferable, revocable and non-sub licensable right to use the Developer Portal for the term of your 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.
You grant to BACB a limited and non-exclusive right to use the object code and other content that you upload, or that you program, on the Developer Portal to the extent necessary and for the sole purpose for BACB to operate the Developer Portal. You warrant that you have the intellectual property rights in any content uploaded to, or programmed on, the Developer Portal by you and that such content does not violate or infringe the intellectual property rights of any third party. You remain solely responsible for any such content, and BACB disclaims any and all liability for such content. You shall indemnify and hold harmless BACB from any costs or damages suffered by BACB as a result of a third party bringing or threatening any claim or action against BACB on the grounds that such content or any other material provided or used by you in connection with the Developer Portal infringes the intellectual property rights or other rights of any third party.
If BACB is interested in the content that you have created on the Developer Portal, BACB may contact you in its discretion and BACB may suggest additional provisions for further evaluation of your content.
Information Confidentiality
The information provided on the Developer Portal or in connection therewith shall not constitute any investment, legal or tax advice. Any opinions are subject to change without notice. Opinions expressed may differ from estimates represented in other documents published by BACB. Comments are provided for informational purposes only and are given without any obligation, contractual or otherwise. No guarantee is offered as to the accuracy, completeness or appropriateness of the information or estimates relating to the Portal or in connection therewith.
If and insofar you gain knowledge of or receive confidential information in connection with the Portal, you must treat such information with strict confidentiality and you may not disclose the same to third parties. “Confidential Information” here refers to all BACB information labelled confidential or which would be treated as confidential by any reasonable third party. You agree to protect such information from unauthorized access and to treat it with the same care with which you would treat your own confidential commercial information. This duty of confidentiality shall continue to apply for five (5) years as from the moment your registration to the Portal ceases.
Termination of your Registration
BACB may terminate your registration and access to the Developer Portal and the BACB Content at any time without prior notice. Your registration will automatically terminate if you breach any of these Terms and Conditions. Upon termination, any rights which are granted to you under these Terms and Conditions will automatically cease.
No Warranties; Limitation of Liability
The Developer Portal and the BACB Content are provided “as is”, and use of the Developer Portal is entirely on your own risk. BACB 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. BACB shall only be liable to you for intent and gross negligence. Liability for ordinary negligence is excluded. This shall not apply to any injury to life, limb or health or if such exclusion would contravene applicable law. BACB is not liable for damage caused by third parties. In the case your registration is terminated, BACB shall not be held liable for any damages incurred by the Participant.
Information on personal data processing
In order to provide you with access to the Portal collection and processing of your personal data, like your name, surname, e-mail address and customer organization name are necessary. Processing of such personal data is conducted exclusively for the purpose of your registration, provision of access to the Portal and related communication. Without provision of such data registration and access to the Portal are not possible.
In addition to these Terms and Conditions the BACB Privacy Policy and common Personal Data Protection Policy of BACB AD shall apply
Miscellaneous
Should any provision of these Terms and Conditions be or become invalid, the validity of the Terms and Conditions as a whole shall remain unaffected. The invalid provision must be replaced by a valid provision within the context of the remaining contractual interpretation which corresponds to the economic intent and purpose of these rules as a whole. This Terms and Conditions and the relationship between you and BACB are governed by and interpreted in accordance with the laws of the Bulgarian Republic and the courts of the above jurisdiction will have exclusive jurisdiction in respect of any dispute, which may arise.