Terms of Use

1. Welcome to Fianellas
1.1 This Customer Agreement. This is an agreement between you ("you") and Fianellas Europe SA, which defines the terms and conditions under which we provide our Services (the "Agreement").
1.2 This Agreement references and incorporates by reference additional documents (the "Additional Documents"), which also apply to your use of our Services, including:
a) Our Privacy Policy, which sets out the terms in which we process any personal data that we collect about you or that you provide to us. By using our Services, you consent to such processing and guarantee that all data provided is accurate;
b) Our Cookie Policy, which details information about "cookies" on our Website;
c) Our Acceptable Use Policy, which defines the allowed and prohibited uses of our Services.
Definitions of capitalized terms can be found in the Glossary (Section 2) or are defined in parentheses within this Agreement or in the Additional Documents.
1.3 By visiting our Website or using our Services (including downloading and using our App, or accessing the Services through an API, social network, or another authorized platform or third party), you confirm that you accept and agree to this Agreement in its latest version published on our Website, App, or through an API partner. If you do not agree, you must not use our Services.
1.4 In the event of any discrepancy between this Agreement and the Additional Documents or the information we provide on our Website, App, or through an API partner, this Agreement shall prevail.
1.5 To access some of our Services, you may need to accept additional terms and conditions that we will notify you of before you use that service. For clarity, by using any of our Services, you accept the most updated version of the Agreement.
1.6 If you only use our Services to make Money Transfers or maintain a profile with Fianellas without a Fianellas Account, you must accept this Agreement each time you use our Services. If you maintain a balance in your Fianellas Account, this Agreement will apply as long as the Fianellas Account is active unless this Agreement is modified as per section 31.1 below.
1.7 Future changes to this Agreement. We may update this Agreement occasionally as outlined in "Our right to make changes." Any changes made will take effect as soon as the Agreement is on our Website and App or on the date you are notified.
1.8 Where to obtain a copy of this Agreement. You can always consult the most current version of this Agreement on our Website. If you want a physical copy of the Agreement, you can download it or contact Customer Support.

2. Glossary – Defined terms in this Agreement
In this Agreement:
• API means the application programming interface provided by Fianellas, e.g., through an API partner.
• API Partner refers to a company we have partnered with to offer our Services through their website, mobile app, or similar.
• App refers to the mobile application software where we offer our Services, the data provided with the software, and the associated means.
• Business Day means a day that is not Saturday, Sunday, or a public holiday in Belgium.
• Card has the meaning given in Section 18.1.
• Refund means that the person who sent you the money has made a claim to their bank or payment provider that the money was sent incorrectly, or the payment to Fianellas fails due to insufficient funds, closed account, or other reasons.
• Intellectual Property means (i) rights over, and related to, any trademark, logos, patents, registered designs, design rights, copyrights, related rights, moral rights, databases, domain names, utility models, including registrations and applications for, and renewals or extensions of, such rights, and similar or equivalent rights in any part of the world; (ii) rights related to unfair competition and to sue for imitation and past infringement; and (iii) trade secrets, confidentiality, and other proprietary rights, including rights to know-how and other technical information.
• Money Transfer means a direct transfer of funds paid by you, without using funds from your Fianellas Account, to a designated recipient sent via Fianellas. In some currencies, you can only convert and send funds using your Fianellas Account and cannot make a direct Money Transfer.
• Payment Services Law refers to the Belgian law of March 11, 2018, on the status and supervision of payment institutions and electronic money institutions.
• Negative Balance Accounts has the meaning given in Section 15.7.
• Reversal means that the funds received by you are reversed, returned, or recovered for any reason, for example, due to insufficient funds or account closure.
• Services means all products, services, content, features, technologies, or functionalities we offer, and all websites, apps (including the App), and related service models (including the Website and via an API partner), including the Fianellas Account, currency conversion, and Money Transfer offerings.
• Third-Party Materials has the meaning given in Section 28.
• Website means any page of Fianellas, including but not limited to www.fianellas.com, where we provide Services.
• Fianellas Account means a multi-currency account held by customers in Fianellas, which may include a Jar.

3. Who We Are and How to Contact Us
3.1 Company Information.

Fianellas Bank is registered with company number 4418754 and operates under the supervision of the Financial Services Regulatory Authority of Abu Dhabi Global Market (ADGM) with financial license No. 2025/FBK-UAE. In relation to any services provided to clients residing in the EEA or otherwise located, "Fianellas", "we", "us" or "our", as appropriate, will always refer to Fianellas Bank, unless the context indicates otherwise.
3.2 Our registered office is located at Business Center, Sharjah Publishing City Free Zone, Sharjah, UAE. This office is for Fianellas employees only and is not open to customers or the general public.
3.3 We are authorized by the National Bank of Belgium ("BNB"). We are a licensed payment service provider authorized by the BNB under the Law of March 11, 2018, on the status and supervision of payment institutions and electronic money institutions, access to the payment services provider activity, and electronic money issuance, and access to payment systems.
3.4 When paying for a Money Transfer in a currency other than the euro (EUR), the processing of this payment may need to be carried out by another Fianellas entity, as detailed here. Therefore, when initiating the respective Money Transfer, you may establish a separate agreement with the other Fianellas entity by accepting the Terms and Conditions that govern your contractual relationship with such entity, as described here.
3.5 How to Contact Us. You can contact us via email, web chat, or phone. Our contact details are available on the Contact page of our Website.

4. Use of Our Services
4.1 Eligibility: If you are a natural person, you must be a resident of the European Economic Area (EEA) and at least 18 years old.
4.2 One Fianellas Account per Person or Entity: Each individual can only open one Fianellas Account and maintain one profile. Each Fianellas Account holder is individually bound by the terms of this Agreement.
4.3 Transactions on Your Own Account: All activities performed on a Fianellas Account will be considered as done by you. You agree to use the Services only for transactions on your own Fianellas Account and not on behalf of any other person or entity. Personal Account holders must not allow others to access or use the Services or a Fianellas Account on their behalf.
4.4 Fianellas Users: All individuals or entities using Fianellas services are considered customers, even if they use them occasionally. Customers consent to comply with customer identification regulations under the Anti-Money Laundering Act (AML) to prevent money laundering and terrorist financing, and to restrict cash usage. Customers must identify themselves and declare their legal residence and, when applicable, their registered corporate office.

5. Getting Started
5.1 Using Our Services: To begin using our Services, you must create a profile and provide the required information.
5.2 Information Must Be Accurate: All information you provide must be complete, accurate, and truthful at all times. You must update this information when it changes.
5.3 Security and Customer Due Diligence: We are required by law to conduct certain security checks to provide you with any Service and to maintain your Fianellas Account.
5.4 Requests for Information: You agree to comply with our requests for additional information and provide it in an acceptable format.

6. Keeping Safe While Using Our Services
6.1 Security Recommendations: We recommend using the Service to send money only to friends, family, and businesses or trusted third parties who are verified and known to you.
6.2 Account Security: You must, at a minimum, change your password regularly and ensure it is not reused on other online accounts.
6.3 What You Must Not Do: You must not disclose your login credentials, use features that store login details, or allow others to access your account.
6.4 Contact Us If Your Account Is Compromised: If you suspect your Fianellas account has been compromised, contact Customer Support immediately.

7. Limits on How You Can Use Our Service 7.1 You must not abuse our systems. You must not misuse our Services by: a) Introducing viruses, trojans, worms, logic bombs, or other malicious or harmful materials; b) Taking actions that impose an excessive or disproportionate load on our websites, software, systems (including any network and server used to provide the Services), or attacking our website, application, or API with denial-of-service attacks; c) Using an anonymous proxy; employing automated devices, software, or routines to monitor or copy our websites without written permission; or using any method to circumvent our robot exclusion headers; d) Interfering with, disrupting, or attempting to gain unauthorized access to our website, software, API, systems, or any part of Fianellas' Services or the use other users make of them.
7.2 We may suspend your Fianellas account or restrict your access to the Services if we have reasonable concerns about:
a) The security of your account or profile; b) Unauthorized or fraudulent use of your account or our Services; c) Suspected violations of this Agreement or Additional Documents.
We will notify you of any suspension or restriction and the reasons as soon as we can, either before implementing it or shortly afterward, unless notifying you is illegal or compromises our security measures.
7.3 You must not misuse our Services in any of the following ways:
a) Violating this Agreement or any additional document; b) Infringing applicable laws, regulations, or rules; c) Violating Fianellas' intellectual property; d) Selling counterfeit goods; e) Acting in a defamatory, threatening, or harassing manner; f) Providing false or misleading information; g) Sending or receiving fraudulent funds; h) Refusing to cooperate in an investigation; i) Attempting to claim twice in litigation; j) Using Fianellas' Services in ways that result in complaints, fines, losses, or invalid payment requests; k) Abusing card networks; l) Maintaining a negative balance; m) Accessing the Services from countries where Fianellas is not permitted; n) Taking actions that could make us lose services from providers; o) Circumventing policies or determinations about your account; p) Opening accounts using third-party information; q) Harassing or threatening employees or customers; r) Abusing dispute resolution processes.
7.4 If you engage in restricted activities, we may take actions such as:
a) Terminating this Agreement immediately; b) Suspending your Fianellas account; c) Closing your account without prior notice; d) Reporting to relevant authorities; e) Limiting your access to the Services; f) Withholding funds from your account; g) Contacting affected third parties; h) Taking legal action.
8. Court Orders
If we are notified of a court order or legal process affecting you, we may need to take actions such as withholding payments or limiting your account. We will try to notify you unless doing so is illegal.

9. Liability and Limitation of Our Liability 9.1 Nothing in this Agreement excludes or limits our liability for any matter in which it would be illegal for us to do so. This includes, without limitation, our liability for fraud, gross negligence, or intentional misconduct.
9.2 To the extent permitted by applicable law, we will not be liable for losses resulting from:
a) Errors or delays in providing the Services due to incorrect information provided by you; b) Indirect, incidental, special, consequential, or punitive damages; c) Loss of business opportunities, revenue, profits, or reputation; d) Any issue you may have with third parties, such as financial entities, that is beyond our direct control.
9.3 We do not guarantee that the Services will always be available or uninterrupted. Access to our Services may be temporarily restricted for maintenance, updates, or other reasons.
10. Changes to This Agreement
10.1 We may make changes to this Agreement from time to time. We will notify you with reasonable notice unless the change is necessary to comply with law or an urgent regulation. Any changes we make will be considered accepted if you continue to use our Services after the change takes effect.
10.2 If you disagree with the changes, you may close your Fianellas account before they take effect.

9. Liability and Limitation of Our Liability
9.1 Nothing in this Agreement excludes or limits our liability for any matter in which it would be illegal for us to do so. This includes, without limitation, our liability for fraud, gross negligence, or intentional misconduct.
9.2 To the extent permitted by applicable law, we will not be liable for losses resulting from:
a) Errors or delays in providing the Services due to incorrect information provided by you; b) Indirect, incidental, special, consequential, or punitive damages; c) Loss of business opportunities, revenue, profits, or reputation; d) Any issue you may have with third parties, such as financial entities, that is beyond our direct control.
9.3 We do not guarantee that the Services will always be available or uninterrupted. Access to our Services may be temporarily restricted for maintenance, updates, or other reasons.

10. Changes to This Agreement
10.1 We may make changes to this Agreement from time to time. We will notify you with reasonable notice unless the change is necessary to comply with law or an urgent regulation. Any changes we make will be considered accepted if you continue to use our Services after the change takes effect.
10.2 If you disagree with the changes, you may close your Fianellas account before they take effect.

11. Intellectual Property Rights
11.1 All intellectual property rights in our website, application, content, software, and services are and will remain the property of Fianellas or our licensors.
11.2 You must not use our intellectual property rights without our prior written consent, except as permitted by applicable law.

12. Communications
12.1 We may communicate with you via email, in-app messages, or push notifications in the app. It is your responsibility to ensure that we have your updated contact information.
12.2 Any communication we send electronically will be considered received within 24 hours of sending.

13. Applicable Law and Jurisdiction
13.1 This Agreement will be governed and construed in accordance with the laws of the United Kingdom. Any dispute arising from this Agreement will be subject to the exclusive jurisdiction of the courts of the United Kingdom.

14. Miscellaneous
14.1 If any part of this Agreement is found to be invalid or unenforceable, the rest of the Agreement will remain in full force and effect.
14.2 This Agreement, along with any additional documents mentioned, constitutes the entire agreement between you and Fianellas regarding the use of our Services.
14.3 You may not transfer or assign any of your rights or obligations under this Agreement without our prior written consent. We may transfer or assign our rights and obligations without your consent.
14.4 Our failure to exercise any right under this Agreement will not constitute a waiver of that right.

15. Product-Specific Terms
15.1 Some of our Services may have additional terms that apply in addition to the terms of this Agreement. These specific terms will be provided separately, and by using such Services, you agree to comply with them.
15.2 If there is any conflict between this Agreement and the product-specific terms, the product-specific terms will prevail.

16. Dispute Resolution and Complaints
16.1 If you have a complaint about the Services of Fianellas, we invite you to contact our Customer Support team. We will work to resolve any issues quickly and fairly.
16.2 If we do not resolve your complaint satisfactorily, you may have the right to refer your complaint to the competent regulatory authorities in the United Kingdom.

17. Suspension and Termination
17.1 We may suspend or terminate your access to the Services in the following circumstances:
a) If you violate this Agreement or any additional documents; b) If we believe your account has been compromised or is being used fraudulently; c) If we need to do so for security reasons or to comply with applicable laws or regulations.
17.2 If we take action to suspend or close your account, we will try to notify you as far in advance as possible, unless doing so is illegal or compromises our security measures.

18. Contact and Support
18.1 If you need assistance or want to contact us, you can do so through the support section in the Fianellas app or by visiting our website at fianellas.com.

19. Consent and Acknowledgment
19.1 By using our Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as any additional terms that may apply to the specific services you use.
19.2 If you do not agree with these terms, you must not use our Services.