General Terms of Use “figoCrowd”

figo GmbH, Gaußstraße 190c, 22765 Hamburg (hereinafter referred to as “figo”) is a banking service provider offering third parties innovative services with banking functions. figo developed a platform, named figoCrowd (hereinafter referred to as “figoCrowd”), which, in its core being a testing affiliate network, enables users of figoCrowd (hereinafter referred to as “User” or “Users” to assist figo in testing its catalogue of financial sources.

These Terms of Use apply to the contractual relations between figo and User with regard to the use of figoCrowd (hereinafter referred to as the “Agreement”). By completing the signup page and using figoCrowd you indicate the acceptance of these general terms of use. The User must be at least 18 (eighteen) years of age to enter a contractual relationship with figo.

  1. Conclusion and subject matter of the contract

  1. figo provides figoCrowd free-of-charge. figoCrowd can be accessed by entering the following URL: https://www.figo.io/en/figocrowd 

  1. figoCrowd is a testing affiliate programme based on the concept of Test Cycles (hereinafter referred to as Cycles). A Cycle is a predefined period of time in which a figo Test Manager (hereinafter referred to as Manager), will coordinate the execution of a Test Case (hereinafter referred to as Case) together with a set of affiliate testers (hereinafter referred to as Testers) that previously signed up to be part of figoCrowd and that have additionally applied to take part in a particular cycle. A Cycle will always be related to a single country and to a set of specific financial sources (initially Banks only but with the possibility of inclusion of other financial sources at figo’s discretion). The Goal of a Cycle is to check if the integration between figo and the banks in scope is working as expected.

  1. The Manager will coordinate the Cycles. In order to plan and execute a Cycle, the Manager needs to define the following information: starting date, finishing date (usually 1 week after the starting date), 1 country, a bank list including BICs

  1. The Manager is responsible for sending a Cycle Recruitment E-mail specifying the information mentioned above to all Users from the selected country. Only those Users who answer the e-mail explicitly opting in will be then considered as part of the cycle. The testers will have time to resign from the Cycle until 3 days before the Cycle starts.

  1. On the starting date of the test cycle the testers will receive a Cycle Start E-mail with a welcome message and an invitation to a private Slack Channel that will host all the other testers involved in the Cycle together with the Manager. The purpose of the channel is to provide quick support from figo to the testers during the Cycle. On the first day of the test the Testers will receive a link to a Google Form Guide that will guide the Users through the testing steps and will instruct them on how to give feedback.

  1. The Cycles will be executed using figo’s WebApp: https://staging-home.figo.me and all Users will have to create an account there using the same e-mail address they signed up for the figoCrowd.

  1. The prerequisite for taking part in figoCrowd is owning a valid bank account in the Users’s own name. In order to join the programme, Users need to apply via our sign-up form: https://www.figo.io/en/figocrowd/ . figo will review all the applications manually and we will send a Welcome E-mail. In the Welcome E-mail we will ask the User to accept these binding General Terms of Use by answering to the Welcome E-mail and providing figo with the User’s full Address and prefered payment method (bank transfer or PayPal are the supported payment methods) plus payment details. We will store the following information for payment and contact purposes only: Full name of the UserEmail, Address of the User, Postal Address of the User, If PayPal is the preferred payment method we will store their PayPal email and If a Bank transfer is their preferred payment method we will store the Bank Account Information needed to make any payment of the compensation to the Testers.

  1. There are 3 possible remuneration steps. The first compensation is transferred after the test has been completed. Secondly, further compensation will be transferred if the Tester provides the figo Manager with a screen recording video of the test. Finally, further compensation will be transferred if the Tester provides the figo Manager with the Console and Network logs from the browser.

  1. If the User answers the Welcome Email with all this information and accepts the General Terms of Use we will consider the User as approved. This Agreement is concluded upon the approval of the User. Approved Users will be put into one or more Mailing Lists. We will maintain one Mailing List per country and only approved Users will receive Cycle Recruitment Emails and be eligible for payment. The User can request to be removed from the Mailing Lists by sending an email at crowd@figo.io.  

  1. Any personal data, in particular account number, name of account holder, account overview, balance, transactions therefore any value or amount are automatically and randomly anonymised. For the avoidance of doubt: figoCrowd does not collect any of User’s personal financial data. It anonymizes any data before sending and only provides figo with the context and structure necessary to locate the relevant data points on Partners’s online banking website. figo is only interested in the context and structure of online banking pages regarding  account details, account owner information, transaction overview and history, as well as standing orders and security positions, if applicable. figo will process the data for the purpose of analysing and understanding the structure and functionalities of the websites in order to improve figo’s services and to enable figo to connect additional banks to the figo services. Following the processing, figo will delete the data without further request.

  1. At the end of the Cycle the Users will receive a Cycle End E-mail that will contain a thank you message and instructions on when will the payments of the remuneration be done, etc. The Users should receive the payments within the next 10 business days after the end of a Test Cycle. The Manager will be responsible for coordinating the payments.

  1. figo makes the latest version of figoCrowd available to User for the duration of this Agreement. figo reserves the right, in its sole discretion, to change, limit, expand and discontinue any current or future aspect or feature of figoCrowd.

  1. One week after the Cycle ends figo will remove all the data collected during the Cycle according to the Federal data protection legislation in place.

  1. Grant of rights

  1. figo grants User a non-exclusive and non-sublicensable right to use figoCrowd for the duration of the Agreement. User shall only be entitled to use figoCrowd for the purposes of this Agreement.

  1. For the avoidance of doubt: User shall not be entitled to grant sub-licenses to to a third party and User shall not be entitled to grant sub-licenses to customers of User or any other third party, regardless of whether this shall happen free of charge or against remuneration.

  1. User acknowledges and agrees that the results of Test Cycles are figo’s property. figo retails all rights, title and interest regarding the results of Test Cycles.

  1. User’s obligations

  1. User declares that he is holding or is authorised to have access to the respective bank account.

  1. User declares to be aware of providing figo with data within the scope of this Agreement and by his own choosing.

  1. User is prohibited from taking any action which may jeopardise the data security and data integrity of figoCrowd.

  1. User declares to fulfil approved Cycles. Exempted from this obligation are Users who resigned from this Cycle 3 days before the start of the Cycle at the latest.

  1. Warranty and Liability

  1. figo shall provide warranty in the event that figo fraudulently conceals a legal defect or a defect of figoCrowd under the terms of this Agreement.

  1. figo is liable for intent and gross negligence. Any further liability of figo shall be excluded.

  1. Term and termination of the contract

  1. This Agreement shall be concluded for an indefinite period.

  1. This Agreement may be terminated by figo with 2 weeks’ notice to the end of the month. User has the right to terminate this Agreement at any time.

  1. Both Parties’ rights to terminate for good cause shall remain unaffected.

  1. Any termination, regardless of reason, must be in writing, whereas email shall be deemed sufficient.

  1. After the termination of this Agreement by the User the user data will be deleted according to the Federal data protection legislation in place.

  1. Confidentiality / Data Protection

  1. "Confidential Information" in the sense of this Agreement means information that is proprietary or confidential (including documents, computer records, specifications, formulae, evaluations, methods, process, technical descriptions, reports and other data, records and information) and is either clearly labelled as such or which might reasonably be considered as such.

  1. Each Party shall keep in strict confidence all Confidential Information of the other Party. The Party disclosing Confidential Information shall hereafter be referred to as “disclosing Party”, the Party receiving Confidential Information shall hereafter be referred to as “receiving Party”. The obligation to confidentiality ends when Confidential Information becomes known publicly through no fault of the receiving Party or when the disclosing Party has agreed to the disclosure in writing.

  1. Information which was known to the receiving Party before receipt from the disclosing Party, which is publicly available through no fault of the receiving Party or which is rightfully received by the receiving Party from a third party without a duty of confidentiality shall not be Confidential Information for the purposes of this Agreement.

  1. The disclosure restriction does not apply to the extent that such disclosure is compelled by law or by any order of a court of competent jurisdiction provided that the Party obligated to disclose provides the other Party with prompt written notice of such requirement and takes steps sufficient to allow the other Party to object to such disclosure.

  1. The receiving Party is allowed to disclose Confidential Information to its employees and to employees of its affiliated companies only if the employee has a need to know it for the purpose of this Agreement. The receiving Party shall ensure that those employees are made aware of the confidentiality restrictions contained in this Agreement and the receiving Party shall be responsible for any breach of this Agreement by its own employees or by employees of its affiliated companies.

  1. Miscellaneous

  1. This Agreement contains the entire agreement between the Parties related to the subject matters contained herein and there are no agreements, oral or written, which are not expressly included herein. The general terms and conditions of the Parties shall not apply to the subject matter of this Agreement.

  1. These Terms of Use may be amended by agreement between figo and the User as described below: Before the planned amendments will come to effect, figo will transmit the amended Terms of Use in writing (whereas email shall be deemed sufficient) to User and will separately make reference to the effective date of the planned amendments. At the same time figo grants User a reasonable period of time, of at least 2 months to declare if User agrees with the amended Terms of Use. In the event that during this period of time, beginning with the notification in text form, User does not make any declaration, the amended Terms of Use are regarded as bindingly agreed. However, figo will separately make reference to the User regarding to this legal consequence, means the right of objection, the objection period and the consequence of remaining silent.

  1. Nothing in this Agreement shall be construed to create a partnership, joint venture, corporation or similar relation between figo and User.

  1. If one or more of the provisions of this Agreement should be or should become invalid, this shall not affect the remaining provisions. Invalid provisions shall be replaced if possible by those valid provisions which achieve essentially the desired economic objectives.

  1. These Terms and Conditions shall be governed by the laws of the Federal Republic of Germany with exclusion of conflict-of-law provisions and with exclusion of the Convention on the International Sale of Goods (UN sales law).

  1. Exclusive venue for any and all disputes with regard to this contract is Hamburg, Germany.

Last updated: August 2017