Regulations on the use of the API Premium Services at BNP Paribas Bank Polska S.A.

 

§ 1. INTRODUCTION

 

  1. These Regulations set out the terms and conditions of use of the API Premium Services at BNP Paribas Bank Polska S.A.
  2. The services specified in the Regulations are provided by BNP Paribas Bank Polska Spółka Akcyjna with its registered office in Warsaw, at ul. Kasprzaka 2, 01-211 Warsaw, entered in the Register of Entrepreneurs of the National Court Register (KRS) by the District Court for the Capital City of Warsaw in Warsaw, 13th Commercial Division of the National Court Register, under KRS number: 0000011571, NIP (taxpayer identity number): 526-10-08-546, with a fully paid share capital of PLN 147 676 946, supervised by the Polish Financial Supervision Authority (hereinafter referred to as “the Bank”).
  3. These Regulations are regulations within the meaning of Article 8 of the Act of 18 July 2002 on the Provision of Services by Electronic Means.
  4. To issues not regulated herein, the provisions of the Regulations on the use of the API Portal of BNP Paribas Bank Polska S.A. shall apply accordingly.

 

 

§ 2. DEFINITIONS

 

  1. Terms used in the Regulations shall mean:
  1. Certificate - a certificate provided by BNP Paribas Bank or an eIDAS Certificate (a qualified certificate meeting the conditions set out in Article 34 of the RTS PSD2),
  2. Private Key - the key file associated with the Certificate,
  3. Regulations – these Regulations on the use of the API Premium Services of BNP Paribas Bank Polska S.A.,
  4. API Portal Regulations – the Regulations on the use of the API Portal of BNP Paribas Bank Polska S.A.,
  5. Agreement – the agreement on the use of the API Premium Services concluded by the Bank with the User pursuant to these Regulations,
  6. Cooperation Agreement - an agreement between the Bank and the User on cooperation in the development of a solution under which no trust services will be provided, that is implemented, among others, under these Regulations,
  7. Premium Service – a service carried out using solutions, services and technologies in the area of finance, based on open application programming interfaces (Open API) which allow third parties to build new applications and services using data or services made available by financial institutions via the PSD2 Services, determined in the Cooperation Agreement,
  8. User – the Entrepreneur who has registered in the API Portal in accordance with the API Portal Regulations in order to use the Sandbox Environment or Production Environment, acting through an individual authorised by them, referred to as the party, “Partner” of the Bank in the Cooperation Agreement.

 

  1. Capitalised terms are defined in §2 para.1 of these Regulations. Capitalised terms not defined in §2 para.1 of these Regulations are defined in the API Portal Regulations.

 

 

§ 3. CONCLUSION OF THE AGREEMENT

 

  1. The cooperation with the User and the Bank commences with the signing of the Cooperation Agreement.
  2. The use of the Premium Services by the User is regulated in the Cooperation Agreement and in these Regulations.
  3. The Agreement is concluded upon acceptance of these Regulations, after the prior conclusion of an agreement on the use of the API Portal, as stipulated in the Regulations in the API Portal and after the prior conclusion of the Cooperation Agreement.

 

 

§ 4. ACCOUNT REGISTRATION AT THE API PORTAL FOR PREMIUM SERVICES

 

  1. In order to conclude the Agreement, after correct registration of the account in the API Portal, the User:
  1. fills in the registration form at https://gopsd2.bnpparibas.pl/;
  2. makes a declaration that he/she wishes to use the Premium Services,

shall be granted access to the Sandbox Environment on the basis of a Certificate issued by BNP Paribas, whereas upon signing the Cooperation Agreement, the User shall apply for access to the Production Environment and shall be allowed to use the Production Environment on the basis of a Certificate issued by BNP Paribas.

 

§ 5. RULES OF USING PREMIUM SERVICES

 

  1. The User shall use the Premium Services in accordance with the provisions of the law, including the Legal Provisions, the Technical Specification, the principles of morality and the provisions of these Regulations, the API Portal Regulations and the Agreement.
  2. Upon logging into the API Portal, the registered User shall gain access to the API Portal under the terms and conditions set out in the API Portal Regulations and the Agreement.
  3. In order to start using the connection and functionality of the Premium Services in the API Portal, the User is required to add an Application in accordance with the provisions of the API Portal Regulations and to accept the Regulations.
  4. The Technical Specification, the Production Environment, the Sandbox Environment for Premium Services or any other element of the API Portal shall not be used for any purpose other than provided for in the API Portal Regulations, the Agreement and the Cooperation Agreement.
  5. The technical requirements for the use of Premium Services on the API Portal are described in the API Portal Regulations and these Regulations.
  6. The Bank provides Users using Premium Services with the technical support foreseen in the API Portal Regulations and the Cooperation Agreement.
  7. Blocking of access and termination of the Premium Services Agreement are described in the API Portal Regulations.
  8. The termination or expiry of the Cooperation Agreement results in the discontinuation of the Premium Services and is tantamount to the termination or expiry of the Agreement.
  9. When the Certificate expires, it is necessary to contact the Bank to send a request for renewal of the Certificate. The message should be sent to open-banking@bnpparibas.pl.

 

 

§ 6. FINAL PROVISIONS

 

  1. The Regulations are available on the API Portal website in a manner that allows the User to obtain, reproduce and record their contents by printing or saving them on a data carrier at any time.
  2. The Bank is authorised to unilaterally amend the Regulations.
  3. The Bank shall make the new wording of the Regulations available to the User at https://gopsd2.bnpparibas.pl/ and by sending the proposed changes to the User’s e-mail address provided in the form.
  4. The User may terminate the Agreement within 14 days from the date of receipt of the notice of amendment to the Regulations; if not, the amendment shall be deemed to have been accepted by the User and shall be effective as of the date indicated in the notice, but not less than 30 days from the date of sending the notice of amendment.
  5. The Polish Financial Supervision Authority is the supervisory authority overseeing the Bank’s operations. The User may file a complaint with the Polish Financial Supervision Authority concerning the Bank’s conduct if the Bank’s conduct breaches the law.
  6. The language used in the Bank’s relations with the User shall be Polish or English at the express request of the Entrepreneur.
  7. The Agreement shall be governed by and construed in accordance with the Polish law.
  8. The court having jurisdiction over disputes related to the performance of the Agreement shall be determined in accordance with the applicable laws on jurisdiction, including the Act of 17 November 1964 – the Code of Civil Procedure.
  9. Electronic communications concerning the Premium Services and the API Portal can be addressed to: open-banking@bnpparibas.pl. Written communications concerning the Agreement should be addressed to the Bank’s registered office.
  10. The Regulations shall become effective on 17/01/2023.