TERMS OF USE ÅLAND INDEX 

1.	INTRODUCTION
1.1	These Terms of Use for Åland Index (these "Terms of Use") govern the terms for using the Åland Index as a service via API and/or the use of additional engagement service API(s) developed and/or distributed by Doconomy AB.
1.2	The Customer is not entitled, unless otherwise specifically agreed in writing, to use the Service for or in connection with any other purpose than to execute or provide (a) account information services; (b) payment initiation services; (c) payment transactions (including digital wallets); (d) money remittance; (e) issuing of payment instruments; and (f) CO2 impact calculations for End User statements (the "Purposes").
1.3	What is stated in these Terms of Use shall in all applicable and material aspect also apply to any End User and it is the obligation and responsibility of the Customer to invoke such terms vis-à-vis any End User, and Customer is liable for any breach thereof.
2.	DEFINITIONS
Except where otherwise specified, capitalized words/phrases in these Terms of Use shall have the following meaning, and any reference in these Terms of Use to a Section is a reference to the Sections of these Terms of Use.
"Agreement" means the master, frame, main (or similar) agreement between Doconomy and the Customer and any appendices, annexes, schedules (or similar) attached thereto, including these Terms of Use.
"API" means an application programme interface that Doconomy provides for access to Åland Index or to any additional API service developed and/or distributed by Doconomy AB.
"Application" means the application displaying the carbon dioxide emission impact calculations in the End User's account. 
"Business Day" (or similar phrase) shall have the meaning assigned to it in the Agreement, or in the absence thereof, Monday through Friday between 9am and 17pm CET excluding public holidays in Sweden. 
"Customer" means the recipient of the Service who has entered into the Agreement with Doconomy. 
"Customer Personnel" means one or several person(s) at the Customer, whether being a director, officer, employee, consultant, agent or any other person, having access to the Service.
"Doconomy IPR" means Doconomy's patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill, rights in designs and symbols, rights in computer software, source codes, library and object codes, rights in materials and manuals, database rights, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
"End User" means an end user who has entered into an End User Agreement with the Customer for the benefit of the Service provided by Doconomy to the Customer.
"End User Agreement" means an agreement between the Customer and its End User in relation to the benefit of the Service.
"Party" or "Parties" means each of and both Doconomy and the Customer (as the context requires).
"Personal Data" has the meaning set forth in Regulation (EU) 2016/679 of 27 April 2016 (the GDPR).
"Service" means the Åland Index as a service via API calls and any other additional service developed and/or distributed by Doconomy AB, including any further specifications under a Statement of Work (or similar service appendix).
"Terms of Use" has the meaning assigned to it in Section .
"User" means Customer Personnel and End User.
3.	THE SERVICE
3.1	The Customer warrants that it will at all times when Åland Index is applied to calculate the carbon impact of credit/debit card transactions, incorporate and display the following disclaimer on any tech solution (web or other electronic screen display), hard copy report or any other format of delivery, in a clear and conspicuous manner, and at least in the same manner as Customer's own copyright/and or disclaimer notice (if any), and any other copyright, disclaimer or other notices as Doconomy may require from time to time:
"The carbon footprint is calculated using the Åland Index™ which combines the cost of your purchase with the carbon footprint of that particular merchant category. It means that the index will be able to differ between whether you have been to the florist or the dentist, but not whether you bought roses or tulips. The index does not claim to calculate the exact footprint of your lifestyle but will give you a good approximation of your carbon emissions.
The Åland Index was launched in 2016 by Ålandsbanken and has been further developed in cooperation with S&P Global Market Intelligence. The index is managed and developed by Doconomy AB in Sweden, partner to the UNFCCC promoting Global Climate Action. S&P Global Market Intelligence is not an affiliate of Ålandsbanken or Doconomy AB and it disclaims all liability for any claims, losses, or damages in connection with use or application of its material in the Åland Index. 
The purpose of the Åland Index is to raise awareness around how our lifestyle impacts the climate and to promote positive behavioral change, however past performance is not an indication or guarantee of future results. The index is reviewed by an independent third party, EY, and updated regularly. Read more about Åland Index and Doconomy AB's important work at www.doconomy.com."
3.2	If the Åland Index only is applied to calculate such carbon impact as described in Section 3.1 in the Application (where applicable), the Customer acknowledges that Doconomy will incorporate and display the above disclaimer, and any other disclaimer or notice as Doconomy may be required to incorporate and display.
3.3	Doconomy reserves the right to deny the Customer and/or any End User access to the Service, if it in each case is objectively justified and there are duly evidenced reasons relating to unauthorized or fraudulent access to the API and/or Application (as applicable).
4.	OBLIGATIONS OF THE CUSTOMER
4.1	Unless otherwise specifically agreed between the Parties in the Agreement, the Customer warrants by entering into the Agreement that it will:
(a)	ensure that the Users access and use and/or benefit from the Service in accordance with the Agreement and Customer shall at all times and under all circumstances be responsible for any User's breach of the Agreement or End User Agreement (as applicable);
(b)	where applicable depending on the technical implementation, notify Doconomy, with as much prior notice as practicable, of any anticipated material increase in API requests. If an abnormally high volume of API requests seriously degrades the operation of the Service, Doconomy may temporarily suspend the Service, assuming the Customer is provided with a reasonable explanation and the estimated suspension period not exceeding three (3) Business Days. For the purposes of this Section, a 'material increase' is an increase of fifty percent (50%) of the number of concurrent API requests over that on a typical Business Day in the preceding three (3) months;
(c)	be solely responsible for procuring and maintaining its network connections and telecommunications links from its relevant systems to the Service; and
(d)	be solely liable and responsible to the End User in respect of all matters under the End User Agreement.
(e)	not represent itself as an agent of Doconomy for any purpose, not make any promises, representations, warranties or guarantees in relation to the Service including any specifications, features or capabilities thereof, except such as are consistent with the terms and conditions notified by Doconomy to the Customer; or give any condition or warranty or make any representation on Doconomy's behalf or commit Doconomy to any contracts;
(f)	comply with the terms of any license or permit held for activity related to the use of the Service, all applicable laws, regulations, court and government orders, guidelines issued by any applicable regulatory authority, including, but not limited to, data protection, payment services, anti-bribery, money laundering and export controls; and
(g)	comply with Doconomy's from time to time communicated policy on how Doconomy, the Service (including the display of aggregated transactions in each sector category in the general user interface) and Åland Index (including any name and logo) shall be presented and promoted to End Users.
4.2	Unless otherwise specifically agreed between the Parties in the Agreement, the Customer warrants by entering into the Agreement that it will not:
(a)	violate these Terms of Use or any laws, ordinances, regulations, court or government orders, including Doconomy IPR and others intellectual property rights;
(b)	use the Service in a way causing Doconomy to be in violation of any laws, ordinances, regulations or court or government orders;
(c)	hinder or damage the accessibility, functioning or security of the Service, including the App and the API gateway;
(d)	negatively, whether by willful misconduct or negligence, affect Doconomy's business or reputation; or
(e)	perform any security, performance or stress tests or similar tests on the App or the API facilities.
5.	OBLIGATIONS OF DOCONOMY
5.1	Unless otherwise specifically agreed between the Parties in the Agreement, Doconomy warrants by entering into the Agreement that it will:
(a)	where so necessary under the laws applicable to Doconomy, obtain and maintain any licenses or permits required to operate and provide the Service to the Customer;
(b)	not willfully introduce viruses, Trojan horses, worms, software bombs or similar items or computer programs into the Service; and
(c)	comply with the requirements of such laws and regulations applicable to Doconomy relating to the operation and provision of the Service, save to the extent that such requirements apply to End Users' use of the Service, in which case (as between Doconomy and the Customer), the Customer shall be responsible for such requirements.
5.2	Save for Section 5.1, and any other warranty the Parties may have agreed to in the Agreement, Doconomy provides the Service without warranty of any kind, whether express or implied, including without limitation any implied warranties of merchantability and fitness for a particular purpose.
6.	DOCONOMY IPR
6.1	By entering into the Agreement, the Customer is granted a non-exclusive, non-transferable, non-assignable and non-sublicensable right to use Doconomy IPR applicable to the Service in the Territory (as defined in the Agreement) and as agreed in the Agreement and under the terms and conditions and for the Purposes set out in these Terms of Use.
6.2	The Customer acknowledges that the grant to use the Service under the Agreement does not transfer any right, title or interest to Doconomy IPR (including Åland Index, the Service, and any Doconomy developments whether now or in the future) belong entirely and exclusively to or are licensed to Doconomy. Such intellectual property rights belonging and/or licensed to Doconomy may only be used by the Customer with the written consent of Doconomy during the Term of the Agreement and the Customer acknowledges that it shall not acquire any rights or the goodwill associated therewith. Upon expiry or termination of the Agreement, Customer shall discontinue such use, without any right of compensation for such discontinuation.
6.3	Without prejudice to the right of the Customer or any third party to challenge the validity of any Intellectual Property Rights of Doconomy, the Customer shall not do or authorize any third party to do any act which would or might invalidate or be inconsistent with any Intellectual Property Rights of Doconomy and shall not omit or authorize any third party to omit to do any act which, by its omission, would have that effect or character.
6.4	Customer shall not:
(a)	reproduce, modify, adapt, change, develop, create derivative works of, decompile, disassemble, decrypt, unmask, hack, emulate, exploit, tear-down or reverse engineer (or carry out any act otherwise restricted by applicable intellectual property laws) any Doconomy IPR or any other materials embodying the Service, except to the extent permitted under applicable laws;
(b)	distribute, disclose, publish, market, sell, rent or lease to any third party information to which the Customer or its Users have access to via the Service without the prior written consent of Doconomy, whether such information being confidential information or not; or
(c)	use any of Doconomy's trademarks, names or logos in a way which might prejudice their validity or the goodwill of Doconomy comprised therein.
6.5	Doconomy hereby acknowledges and agrees that all intellectual property rights and other rights in and to all data, content or other materials received by Doconomy from Customer or otherwise processed by Doconomy and originating from Customer or any End Users are, as between Customer and Doconomy, owned by Customer and Customer shall (as between the Customer and Doconomy) have sole responsibly for the legality, accuracy and quality of such data.
6.6	Unless otherwise agreed, Doconomy grants to Customer, and Customer grants to Doconomy, the right to use its name and logo during the Term solely for promotional purposes. The Parties warrant that they have all of the rights necessary to grant these rights during the Term of the Agreement.
7.	DISCLAIMER
Doconomy is not a bank or a credit institution and does not operate under any license registration under PSD2 (Payment services (PSD 2) - Directive (EU) 2015/2366). Further, Doconomy does not provide any financial advice under the Swedish Financial Advice to Consumers Act 2003:862 (Sw. lag om finansiell rådgivning till konsumenter) or investment advice concerning financial instruments under the Swedish Securities Act 2007:528 (Sw. lag om värdepappersmarknaden) or any legislation that supplements or replaces these or any equivalent foreign law to the same affect. Furthermore, no information that Doconomy provides in the Application or in any other manner, should be considered such advice.
8.	DATA
8.1	Where technically feasible, the Customer acknowledges that Doconomy may monitor the Customer's use of the Service:
(a)	to prevent fraud;
(b)	to avoid congestion problems;
(c)	to perform, evaluate and improve the Service;
(d)	to verify whether the Customer's use of the Service satisfies the requirements under the Agreement and/or these Terms of Use; and
(e)	in case Doconomy reasonably suspects events of fraud, misuse or any other violation of laws, ordinances, regulations or court or government orders.
8.2	The Customer acknowledges that Doconomy may retain irreversibly anonymized data relating to Customer's use of the Service (assuming such data does not qualify as Personal Data), including without limitation to decoded transaction data, for purposes of, including but not limited to, aggregating statistics and data, distribution of climate compensation objectives, comparing data, and generating reports and data with regards to consumers' carbon footprint. Such data may be shared with the Customer, however in Doconomy's sole discretion.
8.3	The Customer agrees to comply with Doconomy's from time to time communicated policy with regards to the presentation and promotion of the End Users' carbon footprint.
9.	APPLICATION-SPECIFIC TERMS
9.1	This Section 9 only applies if the Customer has chosen to include the Application in the Service.
9.2	In order for the Customer and an End User to use the Application, the End User needs a smartphone, tablet or another device with internet connection, as well as the latest version of the Application. The device must support the operating system which the Application is adapted for. The version required will be uploaded by Doconomy to the relevant digital distribution platform (e.g. the App Store, Google Play). Doconomy is not responsible for errors and/or delays that is attributable to the End User not having the necessary equipment, software and/or internet connection.
9.3	The Customer shall keep log-in information confidential and protected from unauthorised access and keep technical equipment (such as a smartphone or tablet) protected against unauthorised use, for example by setting a pass code or biometric data (such as a fingerprint reader or face recognition) to unlock the device. To prevent unauthorised persons from accessing information in the Application, the device should remain locked when not in use. Any knowledge of, or suspected, unauthorised use of End User accounts in the Application must be reported.
9.4	Customer shall not register and/or use a user name that abuses computer systems, networks, user rules, or any of Doconomy's safety components, authorisation measures or any other safety measures applicable to the Application, or that are in violation with these Terms of Use.
9.5	Doconomy and/or its licensor(s) hold all rights, including intellectual property rights (such as, but not limited to, trademarks, copyrights, inventions, patents, and source code, as well as features of the Application), relating to the Application.
9.6	Customer is aware of the fact that Doconomy maintains the ownership to all copies of the software, even after the software has been installed on an End User device. Doconomy has the right to assign this license, or any part thereof, to a third party.
9.7	Any third party software that is integrated in the Application is licensed to the Customer either in accordance with these Terms of Use, or in accordance with third parties’ respective license terms for such software. The Customer is obliged to locate and comply with the terms of use for such third party software when using the Application.
9.8	The Agreement is only applicable between Customer and Doconomy, and in case of uploading of the latest version of the Application on behalf of the Customer to a digital distribution platform (e.g. App Store and Google Play), Customer is responsible for adhering to, and complying with, the terms and conditions applicable to such platforms and therefore also solemnly liable for any breach by Customer and/or End User.
10.	MODIFICATIONS
Doconomy reserves the right to make minor modifications to these Terms of Use from time to time, with one (1) months' prior written notice to the Customer. Any modification having any impact whatsoever on the functionality of the Service or the Customer's warranties in these Terms of Use shall however always require the Customer's written acceptance.
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