Users agreement

1.General
1.1 Thank you for downloading and installing LaymyoChin Mobile App (the “App”). This Mobile App User Agreement (the “User Agreement”) governs your use of the App and is entered into between you and Intergiro (see contact details at the bottom of this document).

1.2 In order to be able to download and use the App, a company who is a banking customer of Intergiro has registered you as a user with us (the “Intergiro Customer”).

This might be because you are an employee, director etc. of the Intergiro Customer.

1.3 The Intergiro App allows you, to the extent permitted by your user permissions set by the Intergiro Customer and in line with the Intergiro Customer’s account package, to – among others – place payment orders with Intergiro, view transaction history, use and manage virtual or physical Cards (as defined below) (the “App Services”).

1.4 You acknowledge and understand that the Intergiro Business Terms, agreed between Intergiro and the Intergiro Customer (the “Business Terms”) shall govern the relationship between the above-mentioned parties, including but not limited to payment accounts, payment cards, KYC (the “Financial Services”). You acknowledge that Intergiro under this User Agreement does not provide financial services to you nor does this User Agreement fall under the Payment Services Act (Lag (2010:751) om betaltjänster). This User Agreement shall have no prejudice on the Business Terms. You acknowledge, however, that your acts or omissions amounting to a breach of this User Agreement may independently also entail a breach of the Business Terms by the Intergiro Customer.

1.5 You hereby confirm that you have read and understood the User Agreement and you agree to be bound by its terms. If you do not accept the User Agreement you may not use App or the App Services and should delete it immediately from any devices onto which you have downloaded it.

2. Conditions of use
In order to use the App you must (i) be over 18, (ii) have the legal capacity to enter into binding agreement with us and not have any hindrance to do so under applicable laws, (iii) be a resident in a country within the European Economic Area or the United Kingdom, and (iv) be a registered user with Intergiro as set out in section 1.2 above.

3. Use of the App Services
3.1 Without prejudice to the Intergiro Customer obligations as set out in the Business Terms, you must at all times when using the App and the App Services comply with the following obligations:

3.1.1 You must meet the requirements of section 2 above (“Conditions of use”);

3.1.2 You must not be a resident of a country included in our “Prohibited Countries” list, as set out in our FAQ and hereby incorporated into this User Agreement (as updated from time to time as necessary);

3.1.3 You may not overdraw the Intergiro Customer’s account;

3.1.4 You must notify the Intergiro Customer of any significant communication from Intergiro addressed to you;

3.1.5 You must comply with the use policy requirements set out in section 4 below.

3.1.6 You may not use the App or the App Services in a manner involving or relating to in any way to any of the following:

a) activities that are illegal in Sweden (including activities related to illegal drugs and substances mimicking such a drug [where for the avoidance of doubt, marijuana is considered an illegal drug], sale of organs, counterfeiting, trade relating to protected animals, trafficking, prostitution, etc);

b) industries supporting activities that are illegal in Sweden (as specified above);

sexual services, including promotion of the same;

c) defence and military, weapons and ammunition;

d) bank guarantees, debt securities, pass letters, medium-term credit notes (MTN), binary options, payday lenders;

e) ponzi, pyramid schemes;

f) use of deceptive marketing practices or unclear sales contractual terms (such as offering a gift or goods at a cheap price to bind customers to a long- term subscription because of unclear terms and conditions);

g) operations, sales relating to or in any other way being linked with prohibited countries as referred above (such as commodity trade, travel agencies, embassies, etc.);

h) non-profit organizations;

i) religious organizations; and

j) shell companies and shell banks.

4. Use policy
…4.1 You acknowledge that you may not cancel or reverse a payment order that you have placed via the App Services on behalf of the Intergiro Customer, with such payment orders being governed by the Business Terms between Intergiro and the Intergiro Customer. Therefore, it is important that at all times you ensure that the payment details you provide are accurate and correct.

4.2 You acknowledge that if a payment order you have placed via the App Services exceeds any of the thresholds applicable to the account package selected by the Intergiro Customer, additional transaction fees will apply.

5. Use of the App
5.1 The App is vested in and owned by Intergiro or its licensors. You are hereby granted a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the App (the “License”).

5.2 The App is not sold or assigned to you. Intergiro and its licensors retain ownership of all copies of the App including following installation on your mobile phone or tablet. Nothing in this agreement between you and Intergiro goes beyond the License and you do not have any right to use Intergiro’s or our licensor’s name, trademarks, logos or other intellectual property rights and nothing in this agreement shall be interpreted as granting a right to license or transferring intellectual property rights to you.

5.3 You must not copy, reproduce, modify, reverse engineer, disassemble or otherwise interact in bad faith or in a manner detrimental to us with any of our intellectual property rights, products, services or related services.

5.4 You promise and warrant to us that you will respect Intergiro’s and third parties’ intellectual property rights in accordance with this section 5 and section 6.

6. Open source software
Some of the software included in the App may be offered under an open source license. Such open source software licenses constitute separate written agreements. For more information regarding the open source software licences applicable to our App, please see the following List which we may update from time to time. If and to the limited extent any open source software license expressly supersedes the terms of this User Agreement, your agreement with Intergiro in respect of your use of such open source software shall reflect the terms of the superseding open source software license.

7. Personal Data
Intergiro will process your personal data as a data controller via the App and the App Services as described in ourApp Privacy Policy. By agreeing to the terms of this User Agreement, you confirm that you have read and understood the App Privacy Policy.

8. Term
8.1 This User Agreement shall be effective upon your first successful login to the App and shall remain in force as long as you are a user in accordance with section 1.2 and/or until terminated by Intergiro. Once you are no longer a user in accordance with section 1.2 of this User Agreement, the User Agreement will terminate immediately. Accordingly, if you wish to terminate this User Agreement, please contact the Intergiro Customer and request the deletion of your user registration with Intergiro.

obligations being affected for as long as such force majeure event prevails.

10.3 No warranty

Unless required by applicable law, Intergiro and its licensors provide the App and the App Services on an “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using the App and the App Services and assume any risks associated with your exercise of permissions under this License.

10.4 Limitation of liability

Without limiting the generality of section 10.2, Intergiro, to the extent allowed by law, in no event and under no legal theory, whether in tort (including negligence), contract, or otherwise shall be liable to you for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this User Agreement or out of the use or inability to use the App and the App Services (including but not limited to damages for loss of goodwill, loss of business, loss of data, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.

10.5 Limitation of liability

You agree to indemnify and hold Intergiro harmless from and against all damages, losses, and expenses of any kind (including but not limited to reasonable attorney fees and costs) arising out of or related to:

• your breach of the User Agreement;

• any activity in which you engage on or through the App or the App Services;

and

• your violation of any applicable law or the rights of a third party.

10.6 Entire agreement

This User Agreement forms the entire agreement between you and Intergiro regarding the App and the App Services and shall replace and supersede any other agreements or understandings between you and us regarding the subject matter.

10.7 Severability

If any of the provisions of this User Agreement would be deemed invalid the non-affected provisions and the rest of this agreement shall continue to be valid and in force and the affected provision shall be interpreted in a way to render it valid in line with your and our intentions and the background to this User Agreement.

10.8 Assignment

10.8.1 You may not assign your rights and obligations under this User Agreement to a third party.

10.8.2 We may assign our rights and obligations under this User Agreement to an Intergiro group company or in relation to a merger, acquisition or other similar event and we may assign a legal claim we may have against you to a third party. If we would otherwise assign this User Agreement to a third party not mentioned in the foregoing, such an event will be governed by section 9.

10.9 No waiver

If we do not enforce a claim against you under this agreement or if we otherwise do not take action or only with delay that does not mean that we waive or withdraw our right to do so in due course.

10.10 Governing law and disputes

10.10.1 This agreement shall be governed by Swedish law excluding its conflict of laws rules.

10.10.2 Any dispute, controversy or claim arising out of or in connection with this agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration administered by the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC”).

10.10.3 The Rules for Expedited Arbitrations shall apply, unless the SCC in its discretion determines, taking into account the complexity of the case, the DraftConfidential8amount in dispute and other circumstances, that the Arbitration Rules shall apply. In the latter case, the SCC shall also decide whether the Arbitral Tribunal shall be composed of one or three arbitrators.

10.10.4 The seat of arbitration shall be Stockholm, Sweden and the language to be used in the arbitral proceedings shall be English.

Intergiro Intl AB (publ), with registration number 556965-3537 and registered address at Box 3093, 10361 Stockholm, Sweden is an e-money institution supervised by the Swedish financial supervisory authority (Finansinspektionen) under number 48003.

You can contact us via the online messaging system available in the App and at https://laymyochin.com