Terms and Conditions of use of the platform and API Services

Please read these terms and conditions (hereinafter, the “Terms”) carefully before using this website, including any of our API services available therein at any given time, as they, together with any other documents mentioned herein, set out the terms on which you may make use of our DEVELOPER HUB Beta Version platform (hereinafter, the “Platform”), as well as of our API services (hereinafter, the “API Services”), as an authorized user.

Any person that accesses to, browses or uses the Platform and/or any of our API Services available at any given time shall comply with, and be bound by the Terms. Your use of the Platform and the API Services implies your express acceptance, without any reservations, to all terms contained herein. The complete and unhindered acceptance of these Terms is required, together with other requirements, in order to access the Platform and make use of our API Services. Otherwise if not accepted, the access to our Platform or API Services will not be provided.

For clarity purposes, the term “use” includes, but is not limited to, accessing, browsing, inputting information and registering into the Platform to use the API Services. Any reference to “You” or “Your” means you as a user of the Platform and/or the API Services available at any given time through the Platform, and any reference to “We”, “Us” or “Our” is to Banco Santander, S.A. You and We mutually acknowledge sufficient legal capacity and competence for executing this Terms.

  1. Identification

Owner: Banco Santander, S.A.
Address: Santander, Paseo de Pereda, 9-12, Spain.
V.A.T. No.: A-39000013.

  1. Introduction. Sandbox phase

You acknowledge that use of the Platform involves the launch of a prior sandbox phase (trial or evaluation period) that is based on a controlled (and therefore fictitious) environment that has no impact on the real world, so that any use that can be given to the Platform sticks to a testing environment.

You acknowledge and accept that these Terms will be binding for You both during the sandbox phase (as applicable, given the particularities of this period as described in this section) and once the Platform is effectively and fully available to use, with any necessary change and adaptations.

We will notify You via e-mail, or any other valid written means of communication further to the contact details that You have provided to Us, when We are ready to launch the Platform for Your full use, in which case these terms will become fully binding for You.

You acknowledge and accept that, to the extent that the sandbox phase is based on a controlled trial environment and We cannot warrant availability or fitness to any specific purpose regarding the Platform, its contents and/or any of the API Services, We may, but do not assume the obligation to, provide support or assistance during this phase. This is a fictitious environment made available to You for testing purposes only.

  1. Purpose and scope of application

The Platform is an Internet platform, owned and managed by Us, through which We offer You access to Our API Services, as available at any given time. The Platform allows users to access certain API tools owned by Us, subject to Our approval of Your application to use the Platform and/or any of Our API Services, after a sandbox phase or testing period.

For the avoidance of doubt, API Services shall mean the services and/or functionalities accessible or executed through a specific API in accordance with these Terms. Furthermore, API shall mean an Application Programming Interface (or any other similar technology or software component ) offered by Us through the Platform that allows you to access and use any of Our API Services, as available at any given time, through Your application(s).

The current Terms regulate the use of the Platform, as well as of Our API Services, notwithstanding Our right to modify their presentation, settings and content at Our sole discretion, as well as the terms required for the mere access and/or use of the above. They shall be in effect from the time of their publication until their full or partial modification. From then on, the modified Terms will come into force.

In this sense, You acknowledge and accept that, on occasion and at Our sole discretion, particularly when necessary for any technical, security or business reasons or business continuity, We may perform changes in relation to the Platform and/or any API Services and consequently to these Terms.

In such cases, Our modifications to the Platform, the Terms and/or to any available API Services (hereinafter, collectively the “Modification(s)”) will be notified to You via e-mail, and also will be published on the Platform similarly to how the Terms are made available. You shall comply with any new requirements set by the relevant Modification within 30 days after We notify You of such Modification (or in a shorter period if otherwise specified by Us). This implies using, by the end of that time period, the latest available version of the corresponding API Services, including making any necessary changes to Your application(s) in order to be in compliance with the above. If You continue to use the Platform or any of Our API Services after the time period granted by Us to adapt to Our Modification, it will be understood that You have accepted the Modification.

You acknowledge and accept that Modifications may adversely affect Your application(s), including but not limited to:

  • Changes in the way Your application(s) communicates with any of the API Services;

  • Changes in the manner in which Your application requests, receives, accesses, displays, transmits and/or uses any API Services.

  • Changes to any of Our API Services related to a particular API.

We shall not be liable to You or to any user of your application(s) for any damages or consequences of any kind arising from any Modification or from its unfavorable effects.

In any case, certain contents and/or services are subject to their own specific conditions and may only be available if You have expressly entered into the relevant agreement with Us for the provision of those services or the availability of those contents. The specific conditions of those contents and/or services may replace, complete or, if necessary, modify these Terms as relevant and only as to Your use of such contents and/or services.

  1. Access and Registration

Your access to the Platform, including to the Sandbox phase, and Your use of any of Our API Services does require prior additional authorization and registration (hereinafter, an “Authorized User”). Therefore, it is understood that once you have been approved by Us and are granted access to the Platform or Sandbox phase and its contents, including the API Services, You fully accept and commit to comply with the Terms and any instructions or recommendations made available from time to time on any of Our API Services, being therefore an Authorized User.

Once You become an Authorized User, access credentials will be provided by Us in the form of a Master User with which You may configure accesses and permissions within Your organization to each tool available in the Platform, as relevant according the roles of Your personnel. Your Master User credentials once the Platform is effectively and fully available to use will be those provided by Us prior to the sandbox phase, therefore You will not need to request new access credentials. Once You have Your Master User credentials, You will be able to: (i) change the password that We have provided, and (ii) set up as many accesses as You may require for Your personnel and restrict the applications that they may access and use.

As an Authorized User, You must treat Your access credentials as confidential and not disclose them to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in our reasonable opinion You have failed to comply with any of the provisions of these Terms. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us at developerhub@gruposantander.com.

We will not be liable for the accuracy or reliability of the data provided by Our users, thus each of You will be solely liable for any possible consequence, errors or failures arising from the provided data.

Passwords are confidential and non-transferable and shall be valid indefinitely. It shall be generated by You following Our password security guidelines as available from time to time. In any case, We have the necessary functionalities allowing You to modify or reset Your password when You deem necessary.

You shall make diligent use of Your password and shall not make it available to any third party. You shall be responsible for keeping adequate custody of Your access credentials. You shall be liable for any illicit use of any of Our API Services by any illegitimate third party who accesses the API Services using Your password.

The Master User may, at any time, withdraw permissions given to its personnel, merely by configuring the corresponding user in the desired manner.

You warrant and represent that:

  • The information that You have provided is accurate, true and up to date, and that You are not, and will not, hide or provide false information regarding Your identity, and that You will not provide third party information without their explicit consent;

  • You have a legitimate and lawful reason to access and use the Platform and any of the API Services;

  • You will not perform acts that may harm Us and/or Our rights and interests over the Platform and any of Our API Services;

  • You and Your application(s), as well as the Platform and any API Services will comply with these Terms, any other legal documents available on the Platform and/or made available to You through any means, and all laws and regulations applicable to You;

  • You will block and inform Us as soon as possible if You suspect or have knowledge of an inappropriate, unauthorized or prohibited use by third parties of Your credentials, the Platform or any API Services;

  • You have obtained all the necessary consents and approvals to disclose and/or use any data that You and/or Your application(s) collect, generate or use;

  • During the term of these Terms, Your application(s) is not and shall not be identified or considered as a service addressed to minors and that You are not included in a website or online service addressed to minors; and

  • Your electronic acceptance of these Terms, where applicable, is authentic and is an advanced electronic signature from a duly authorized representative, being the signature valid for all purposes according to eIDAS Regulation (Regulation (EU) nº 910/2014 on electronic identification and trust services for electronic transactions in the internal market).

  1. Intellectual property rights

    1. License of use over our API services

Subject to the terms and conditions set forth in these Terms, We grant You a limited, non- exclusive, non-transferable, non-sublicensable and revocable license to access and use any of Our API Services to develop, test connect to and maintain Your websites or applications, used by You, as an Authorized User, in order to access or use any of the API Services, for Your benefit (hereinafter, the “API License”).

For the avoidance of doubt, it is expressly forbidden to modify, copy, reproduce, communicate or transform in any way any of Our API Services, in any media or form, in whole or in part, including any of their contents, for any public or commercial purpose, except under Our prior, explicit and written authorization.

In particular, We expressly reserve any and all rights over any and all of the API Services offered by Us, with the sole exception of those granted by virtue of these Terms. With the exception of those expressly granted by virtue of these Terms, no other right or license, express or implied, of intellectual property, including trademarks and patents, amongst other, derived or related to these Terms or derived from the execution thereof, is granted.

    1. License of use on the platform

All intellectual property rights over the Platform, the information and materials contained therein, including but not limited to, the API Services themselves, texts, photographs or illustrations, logos, brands, trademarks, graphs, designs, interfaces and any other information, content or services available through the Platform, at any given time, are owned by Us or controlled by Us or Our Affiliates or have been licensed to Us accordingly by their corresponding owner.

Your use of the Platform and/or any of its contents, regardless of their type or form, shall in no case involve any waiver, transmission, license or transfer, whether in whole or in part, of the mentioned intellectual property rights, with the sole exception of those granted by virtue of these Terms. You are granted a right to use the Platform and its contents and/or services for the purposes of information and management of the services provided by Us and in accordance with these Terms, together with any other documents referred to herein or applicable to any of such services available through the Platform.

References to brands or trade names or other distinguishing signs in the Platform carry the implicit prohibition regarding their use without Our consent or that of their lawful holder. Access, navigation and use of the Platform does not grant You any right over such brands or commercial names, including logos.

Only if You are an Authorized User, within the meaning of these Terms, We grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license to include Our brands, trade name, including logos, in Your website(s) or application(s) for the sole purpose of identifying the source of the API Service. While using Our brands You agree to strictly follow Our guidelines or recommendations (available in the following URL: https://brand.santander.com) for an appropriate use of them and You agree not to alter, modify or change, in any way, any of Our brands or logos, nor use them in a derogatory manner or display them in any way that implies sponsorship or endorsement on Our behalf.

We may limit or revoke this permission at any time and for any reason at Our sole discretion. In any case, You may not use any of Our brands or logos for any other purpose than those authorized in these Terms.

Additionally, if You are an Authorized User, within the meaning of these Terms, You grant Us a limited, non-transferable, non-sublicensable, non-exclusive license to use Your name, brand or other distinguish sign exclusively for informative purposes in Our website or other communications media to identify You as an Authorized User of Our Platform and/or any API services.

We expressly reserve all intellectual property rights over the Platform and over any and all of its contents and services. Particularly, We do not allow modification, copy, reproduction, communication, transformation or distribution in any way, media or form, in whole or in part, of the Platform or any of its content for any public or commercial purpose, except under Our prior, explicit and written authorization.

Particularly, We do not allow acts of reverse engineering, decompiling, decrypting, defacing, unmasking or disassembling over all or part of the Platform or any API Service, as well as We do not allow distribution, disclosure, publication, promotion, sale, rent, sublicensing or assigning any credentials of use obtained under these Terms to third parties.

Moreover, it is forbidden to remove or manipulate, in any way, copyright indications or any other credit that may identify any Platform-content’ right holders, as well as circumventing, disabling or otherwise interfering with any technical protection devices, digital prints or any protective mechanism or information incorporated to the Platform that prevent or restrict use or copying of any content or that enforce limitations on use of the Platform.

In the event that You submit or send Us information of any kind through the Platform, You acknowledge, warrant and accept that You have the necessary rights to do so, and that such information does not infringe intellectual property rights of any third party, and that such information is not confidential or detrimental to third parties. In this sense, You grant us a license to use the information provided through the Platform, as necessary in order to provide You the requested services and/or contents.

You acknowledge and accept that you will be liable for the information that You provide, including its accuracy, and shall hold Us harmless from any claim arising from the use of such information.

If You suspect or are informed about the existence of any illicit or illegal content, including content that could infringe intellectual property rights of third parties, please notify Us, as soon as possible, through the following e-mail address developerhub@gruposantander.com, in order to ensure that We can take the appropriate measures.

Similarly, if You consider that the Platform infringes Your own intellectual property rights, or any other rights, please send Us an e-mail to the address indicated above, with the following information:

  • Identification of the claimant and its representative, including contact information.

  • Relevant documentation that supports Your claim, identifying the holder of the infringed rights.

  • Detailed account of the rights that have been supposedly infringed by Us or any of Our users, as well as their precise location within our Platform.

  • An express statement declaring that the content has been used without consent from its right-holder.

    1. Proprietary rights notices

You will not remove, obscure, or alter any API Services terms of service or any links to or notices of those terms, or any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, legal notices, or other labels of the origin or source of material.

  1. Hyperlinking

    1. Links to other websites

In the event that the Platform where the API Services are displayed contain hyperlinks to other websites by means of buttons, links, banners or embedded content, We inform you that, unless otherwise specified, these are managed and under the control of the relevant third parties. We have no control or means, whether technical or human, to monitor, control or approve the information, contents, products or services provided by other platforms that may be linked to from the Platform where Our API Services are available at any given time.

Consequently, We cannot be held liable for any aspect of the linked website, including, but not limited to, its performance, access, data, information, quality, reliability of products and services, any links available in the Platform and/or any of its contents in general.

In this respect, if You have factual knowledge that third parties are engaging in illegal or immoral activities through any of these websites, you should immediately notify Us following the procedure stated in these Terms (“10. Customer Support”), in order to remove the relevant hyperlink from the Platform.

In any case, the establishment of any kind of hyperlink in the Platform to another website does not imply any type of relationship, collaboration or dependency between Us and the owners of the third-party website.

    1. Links to the API services from other websites

We do not allow linking to the Platform, nor to any of the API Services, from websites that include content or information that is in any way illicit, illegal, degrading or obscene, or that in general contravenes the law, morality public order or generally accepted social standards.

We have no control nor human or technical resources to access or approve the information, contents, products and services provided by other websites that may establish links to Our Platform or to any of Our API Services. We shall not be liable for any aspect related to the website that contains the link, including, but not limited to, aspects relating to its operation, access, data, information, reliance and quality of its products and/or services, its own links and/or any of its contents in general. The existence of any links to Our Platform or to any of Our API Services does not imply any type of relationship, collaboration or dependency between Us and the owners of the third-party website.

  1. Use of the API services/settings

Please, note that the Platform is conceived as a self-service in which it is intended that all documentation and other assistance materials are self-explanatory. If, despite this, any Authorized User has any doubt or if any technical incidence arises, such Authorized User can contact Us, informing about it, following the procedure stated in these Terms (“10. Customer Support”).

Furthermore, in case of any Authorized User submitting suggestions, or if there is unclear information or lack of information related to any API Services detected in the documentation, We will try to correct it in the existing information and other assistance materials as diligently as possible, but without being able to commit to guarantee a certain level of service.

Likewise, in case of technical incidents We will have a technical team dedicated to solving such incidents, but without being able to commit to guarantee a certain level of service.

Please, note that these Terms regulate the general terms and conditions of the Platform and the API Services. The detail of each functionality will be explained in each API’s documentation.

You expressly acknowledge and accept that any personal data and/or other information that You obtain through the use of any of Our API Services shall only be used for the purpose for which the specific API has been developed, pursuant to the corresponding API documentation. In this sense, You shall not use any personal data that you collect, access or obtain by means of Our API Services for additional purposes. You shall be liable for, and hold Us harmless and indemnify Us from, any claims, penalties, sanctions or actions of any kind that arise from Your breach or failure to comply with the above.

It is expressly forbidden to use or access the Platform and/or any of the API Services for illegal or non-authorised purposes. In particular, the following actions are not allowed:

  • Use them in any manner that may cause damages, interruptions, inefficiencies or defective functioning of the API Services, the Platform or the device of a third party;

  • Interrupt or interfere with or generate a negative impact, in any way, on the access or use of the Platform and/or any API Services;

  • Use them for the transmission, installation, or publication of any virus, malicious code, or any other harmful file;

  • Transmitting or introducing viruses, worms, trojans or any other malicious software through Your application(s) or through their access and use to/from the Platform and/or any API Services;

  • Use the Platform or any API Services for the collection of personal data;

  • Use the Platform or any API Services in any unlawful manner or in a manner which promotes or encourages illegal activity;

  • Use the Platform or any API Services in connection with an application that offers, allows or promotes gambling;

  • Use the Platform or any API Services in connection with an application that is or in a way is able to promote offense, insult, harassment, threat, discrimination, vulgar expressions, pornography, unethical conduct, illegal conduct or any other conduct that in Our opinion is considered to be inappropriate;

  • Use the Platform or any API Services in favor of the promotion or in relation to any real transaction (analogic or virtual) or which involves the establishment of a legal relationship or produces real consequences for You or Your end users, or for any participant in the transaction;

  • The unauthorized access to any section of the Platform, to any systems or networks connected to the same, or to any server used by Us or Our provider/s, as well as access to the tools offered through the Platform through piracy or hacking, password mining or any other illegitimate means;

  • Modify, hide, evade or disable any element of the Platform and/or of any API Services or of its access and security devices;

  • Except when We have expressly authorized You to do so, You shall not use robots, spiders, applications for “scrapping” or the massive extraction of data or any other automatic functionality to extract or index all or part of Our data, products or services for any use or unauthorized purpose;

  • The breach or the attempt to breach the security or authentication measures of the Platform or any network that is connected to the same, as well as the security or authentication measures associated to the content that is hosted in the Platform;

  • Performing an action that may cause an unnecessary or disproportionate load on any of the API Services and/or Platform, or which may damage, disable or overburden its infrastructure, or the systems and networks used by Us or Our provider/s, as well as the systems and networks connected to the above;

  • Carrying out any action that causes a disproportionate or unnecessary saturation in the facilities of the Platform, the API Services or in the systems or networks used by Us or Our provider/s, as well as in the systems and networks connected to the above;

  • Disclose, share, transfer your Platform credentials, or allow access to Your account in our Platform to any third party, except when expressly authorized by Us;

  • Infringing, abusing or making statements about the ownership of Our intellectual property; or

  • Using the Platform or any API Services, in whole or in part, in order to serve as a factor for the application and/or awarding of a credit, job or insurance or for any other transaction initiated by a consumer, as defined in the applicable consumer regulations.

Failure to comply with any of the aforementioned obligations may entail the application of any measures that We may deem necessary or merely convenient, without the obligation to compensate You for any damages which may arise as a result.

We expressly reserve the right to suspend, block, modify, restrict, or temporarily or permanently interrupt Your access, navigation and/or use of the Platform and Our API Services, with or without prior notice, if We notice that You are infringing any of the provisions detailed in the Terms or any other applicable terms.

  1. Representations and warranties

We cannot warrant the reliability, usefulness and veracity of all the information, services and/or content available on the Platform, nor the usefulness or veracity of the documentation provided therein, especially during the Sandbox phase. As a consequence, We cannot warrant and shall not be liable for:

  • The continuity of the contents and services available on the Platform at any given time, including any of Our API Services;

  • The absence of errors on the Platform, including on any of Our API Services and/or other services available at any given time;

  • The absence of virus and/or any other damaging components in the Platform or in any of Our API Services or the server providing any of the above;

  • The invulnerability of the Platform or of any of Our API Services or the security measures adopted;

  • The lack of usefulness or the malfunction of any of the contents of the Platform, including any of Our API Services;

  • The damages or losses caused by any person who violates these Terms, whether caused to themselves or to third parties.

Particularly, We shall not be liable for, but not limited to, the circumstances listed below, nor the damages that may entail:

  • Delays, erasure, erroneous delivery or failure to save communications from You or personal configurations of the Platform or any of Our API Services;

  • Decisions taken by You or by any end user of Your application(s) who is being provided services by You, as an Authorized User, by means of Our API Services, as a result of information provided through the Platform, including any of Our API Services, nor any damages caused to You or third parties as a consequence of actions taken based solely on information contained in the abovementioned Platform or API Services;

  • We reserve the right to deny access to a particular service for any reason and/or to interrupt the service, whether in whole or in part, at any time and without prior notice;

  • Use of the Platform and of any API Services is subject to all applicable laws and regulations, and You shall be solely liable for the content of your communications sent to Us via the Platform or by other means in virtue of what is established under these Terms;

  • Access to the Platform or to any of the API Services does not imply any obligation by Us to control the absence of virus or any other damaging component. It is Your responsibility, in any case, to equip your systems and devices with appropriate tools to detect and disinfect such damaging components.

  • We shall not be liable for damages caused to Your equipment or that of third parties during Your use of the Platform or any of the API Services;

  • We do not warrant nor shall be liable for damages of any nature that may arise from the access or use of the contents of the Platform, including any API Services.

Additionally, We shall not be liable for:

  • Possible security errors or breaches that may be caused as a consequence of Your access to the Platform, including any API Services, using an infected device;

  • Use by third parties of elements owned by Us that may be deceptive as to such third parties’ identification;

  • Intellectual property infringements by third parties;

  • Third party breaches that may affect You and other users of the Platform/API Services, and any other websites and/or systems operated by Us;

  • Failures in the functioning of the Platform, or any of the API Services, or of any of its services as a result of circumstances beyond our reasonable control;

  • Consequences arising from a defective functioning of Your web browser or the use of outdated versions of the same;

  • The existence of viruses or damaging or malicious programs in the contents;

  • The illicit, negligent, fraudulent use of the Platform or of any API Services or its contents or services by its users, or any use that is contrary to the Terms, good faith and public order;

  • In any way, in front of Your clients or end users of Your application(s);

  • Damages of any kind caused to You or to any end users of Your application(s), as a result of failures or disconnections of telecommunications networks or any other electronic systems that cause a suspension, cancellation or interruption of the services and/or which affect the availability of the Platform or any of the API Services, at any time.

Notwithstanding the above, We have adopted all necessary measures, within our possibilities and following the state-of-the-art, to warrant the functioning of the Platform, including any API Services, and to reduce system failures to a minimum, both from a technical perspective and the contents published on the Platform or any of the API Services.

We cannot warrant the reliability, lawfulness and usefulness of the contents provided by third parties through the Platform or through any API Services. If You become aware of the existence of any content that is illegal, unlawful or which infringes third party rights, please notify Us immediately so that appropriate measures can be taken.

You particularly warrant that, in case of knowledge of any breach of security or incident, damages, interruptions, inefficiencies or defective functioning of the Platform or any API Services, You will notify Us inmediately of such circumstance, following the procedure stated in these Terms (“10. Customer Support”), so We can take the appropriate measures to stop, remedy and/or redress such circumstance.

We shall not be liable for the veracity, integrity or out of date characteristics of the information published on the Platform, including any API Services, from sources other than Us. This also applies to information contained in other API Services or websites that are linked to from the Platform. We shall not be liable for any damages that could be caused by the use of said information.

We shall not be liable for any delay or failure to comply with our obligations under these Terms if the delay or failure arises from any cause that is beyond our reasonable control, such as: force majeure, problems when accessing the Internet, technological problems beyond Our diligent and reasonable management, actions or omissions of third parties, amongst others. In all of the aforementioned cases, which are beyond our control and due diligence, there will be no compensation for You for damages or losses, to the extent permitted by current legislations.

You and We commit to correctly implement the minimum standards required by applicable laws and the best industry practices for the protection, control and use of Data and Cibersecurity measures, and consequently, You warrant, as We do, to establish adequate and proportionate technical and organizational measures to manage the risks that may arise in terms of security of the networks and information systems used for the provision of any API Services. Additionally, We may require You in the Registration process to provide Us with certain additional evidence of the fulfilment of the above mentioned requirements and at our request you will have to evaluate risks in relation to the access and use of any API Services, in order to identify possible threats that may affect the security of any of Our information included in the API Services.

In accordance with the foregoing, You undertake to prepare and deliver an action plan that contains the necessary actions to correct the deficiencies that could be identified. If, once the above actions have been carried out, there is still a deficiency (or more) that could continue to imply a risk to the security of the information in Our opinion, We may take the measures We deem appropriate to rectify the situation.

Notwithstanding the foregoing, said risk assessments shall be independent of those referring to the reviews that the Santander Bank Group Internal Audit, or, as the case may be, the regulatory or supervisory body in the exercise of their competences, may require to exercise their monitoring and risks control.

Particularly, to the extent permitted by law and without the need for a prior declaration by Us regarding Our right to be compensated, You shall indemnify Us and hold Us harmless, including Our subsidiaries, directors, employees, administrators, agents, third parties, representatives, successors, etc. from any judicial or extrajudicial claim from any third party for damages (including the imposition of fines of an administrative, civil or criminal nature) that are related, associated or derived from Your application(s) or from the use made by any third party, in whole or in part, of the Platform or of any API Services (even if such use is fraudulent) and for any breach of these Terms.

Moreover, We have the right to select the legal team in charge of Our defense and that should be hired by You. In the event that You select the legal team, this decision will be subject to prior approval by Us. In addition to the above, We reserve the right to take charge of Our defense or to make You responsible for Our defense against any such claim, however this shall not imply a waiver of Our participation or to reach an out-of-court settlement at Our discretion. In any case, You will reasonably cooperate with Us in any of these defenses, assuming the costs arising from it.

Compensation as set forth in the preceding paragraphs, including the rights and obligations mentioned thereof, are cumulative and do not exclude or replace compensation for any other damages that may arise from the execution of these Terms.

  1. Confidentiality and data protection

All the personal data provided by You while You use the Platform or any of Our API Services will be processed and used by Us in accordance with our Privacy Policy which form part of this Agreement as Annex 1, which must be expressly accepted by You in order to be allowed to use the Platform.

  1. Termination

We may suspend Your access to the Platform or to any API Services at Our discretion and without prior notice. Likewise, at Our discretion and without incurring in any type of liability, We may suspend and/or terminate these Terms without prior notice upon any of the following circumstances:

  • We suspect or are able to prove that You, Your application(s) or any third parties have accessed the Platform or any of Our API Services for which You or such third party have not been authorized by Us;

  • There is a breach or threat of a breach of the licenses granted by virtue of these Terms and/or the restrictions established therein;

  • When You do not comply with the requirements set in this Terms;

  • When You do not comply with the requirements set by Ours Modifications;

  • When it is advisable or necessary to comply with current legislation or regulations.

In any case, We may terminate these Terms, with or without cause, by giving fifteen (15) days’ notice. Likewise, You may terminate these Terms by giving us fifteen (15) days’ written notice by sending an email to DeveloperHub@gruposantander.com.

Regardless of whom has requested termination, at the time of termination of these Terms, You shall cease using the Platform and the API Services as soon as possible and in no case beyond two (2) days after such termination. Likewise, You shall eliminate any API Services that remain under Your possession or control and You shall remove any references/links in Your application(s) of Our API Services.

  1. Customer support

As responsible of the Platform, We put at Your disposal a customer service, in which You will be given due attention to all Your queries, complaints and suggestions in relation to the API Services offered through the Platform.

You will be able to access the customer service through the following Contact Form (https://developerhub.santander.com)

Our customer service will respond to complaints or inquiries received in the shortest possible time that, in any case, will not exceed one (1) month from the date on which the claim or query was filed.

Likewise, You can use our Contact Form specified above to get in touch with Us in order to inform us of the existence of those contents with respect to which You consider that are contrary to the law, to these Terms and/or violate the legitimate rights of third parties.

If You have knowledge of any of the above circumstances, please inform Us immediately, so that we can review said content and, where appropriate, proceed with its withdrawal or disabling in the shortest possible time.

Likewise, do not hesitate to use the aforementioned communication channels in the event that You wish to ask any questions related to the Platform, any API Services, these Terms or Our Privacy Policy.

  1. Miscellaneous

You may not assign any of the rights or obligations arising from these Terms without Our prior written consent. However, We may assign these Terms without your consent, which shall be notified by email or through its publication in the Platform.

Neither You nor Us will, for any purpose, be deemed to be an agent, franchisor, franchise, employee, representative, or owner of the other party, and the relationship between the parties will only be that of independent contractors. Neither You nor Us will have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of the other party, whether express or implied, or to bind the other party in any respect whatsoever.

The headings contained herein are merely informative and do not affect, qualify or encourage interpretation of the Terms. We may modify terms and conditions established herein, in whole or in part. The changes will be notified to the Authorized Users via e-mail, and also will be published on the Platform similarly to how the Terms are made available.

Nothing in these Terms implies or entails the establishment of a corporate relationship, collaboration agreement, franchise, agency, joint venture or any other type of relationship between You and Us. Neither You nor We have the authority to oblige the other or to contract on its behalf or to assume any liability that corresponds to the other party in the fulfilment of its obligations or exercise of the rights that derive from these Terms.

If You breach these Terms, We may suspend or restrict your access to the Platform and/or your use of the API Services, and may even cancel Your assigned user automatically and without prior notice, and such actions shall not entitle You to any kind of compensation. We may inform and collaborate with the competent authorities if we detect any infringement of applicable law or if We suspect that You are committing any criminal offence.

Similarly, in the event that you breach these Terms and we take no action against You, We will not be considered to have waived our rights in respect of Your breach and we shall still be entitled to use our rights and remedies in any other situation where You breach the Terms.

Specific tools or services available on the Platform may be acquired by You individually, and shall be governed by their own terms and conditions, as available.

We may send You e-mail communications to the address that You have provided when applying for registration in the Platform. You are solely responsible for keeping Your email address up-to-date and active. In this sense, You must notify Us if, at any given time, if You change such address, as well as read as soon as possible any message You receive from Us.

You authorize Us to record and keep a copy of any electronic or telephone communication derived from Your use of the Platform or any API Services and/or the results thereof.

If any of the Terms is disallowed or found to be ineffective by a competent court or regulator, such ineffectiveness shall not affect the remaining provisions, which shall continue to apply.

Without prejudice to the provisions of these Terms, the clauses relating to indemnities shall survive the termination of these Terms for any reason.

Any suggestions, comments, or other feedback provided by you to Us with respect to the Platform or the API Services (the Feedback), will constitute confidential information of Us. We will be free to use, disclose, reproduce, license, and otherwise distribute and exploit the Feedback provided to it as it sees fit, entirely without obligation or restriction of any kind, on account of intellectual property rights or otherwise.

  1. Governing law and jurisdiction

This Platform, API Services, including Your use of the same, and particularly these Terms shall be subject to and interpreted and enforced in accordance with Spanish law.

For all disputes, actions or claims that may arise regarding the interpretation and application of these Terms, You and We agree to submit to the jurisdiction of the Courts of the city of Madrid (Spain), with express and voluntary waiver to any other jurisdiction.

Last update: 18th December 2018.

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