EU Terms of Use for KYC Managers

Version: 14 July 2025

1. Introduction

  1. [KYC Manager] is a Software-as-a-Service (SaaS) platform accessible via a web or mobile site on the internet. [KYC Manager] is operated by or on behalf of FundBank (Europe) S.A.¸ a Luxembourg public company limited by shares (société anonyme), authorized as a Luxembourg credit institution, with its registered office located at 11-13, rue Jean Fischbach, L-3372 Leudelange, Grand Duchy of Luxembourg, and registered with the Luxembourg Trade and Companies Register (Registre de Commerce et des Sociétés, Luxembourg) under number B284452 (“FundBank”, “we”, “us” or “our”).
  2. These terms of use (“Terms of Use”) govern the use of [KYC Manager] by any end-user (“User”, “you”, “your”). By continuing your visit and using [KYC Manager], you acknowledge that you have read and understood these Terms of Use. By continuing your visit and using [KYC Manager], you accept, and agree to comply with, these Terms of Use as user of [KYC Manager] in your own capacity and, as applicable, in your capacity as manager, director, officer, employee, representative, adviser, consultant or other agent on behalf of another individual or entity (including your and their controlling persons and ultimate beneficial owners); in the latter case, references herein to you shall be deemed to include references to such other individual or entity. If you do not accept the Terms of Use, you must stop using [KYC Manager].

2. [KYC Manager] description

  1. [KYC Manager] is a cloud-based service operated by or on behalf of FundBank, to facilitate and guide client lifecycle management, including client onboarding, product or service onboarding, identification validation, investment profile verification, risk scoring, anti-money laundering and counter terrorism financing (AML-CTF), politically exposed persons (PEP) and adverse media screening, transaction monitoring, and know your customer (KYC) checks through information request to, and reception from, Users.
  2. For the avoidance of any doubt, FundBank does not provide through [KYC Manager] any services as such to User or the other individuals or entities they represent.

3. Security of accounts

  1. The User is solely responsible for choosing account security passwords and personal access codes that are not easy to guess and of sufficient length and complexity (ideally at least 8 alphanumerical characters with at least one letter, one number and one special character), including those related to their own information system infrastructure.
  2. The User is solely responsible for keeping secret all user identifiers, passwords, personal access codes, URLs, SMS one-time passwords or other tokens (“Credentials”) directly or indirectly necessary to access the KYC Manager, including those related to their own computer, communication and information system infrastructure.
  3. FundBank will not be liable for any breach of security, and any access and use, of the User account due to a violation of the foregoing or resulting from a breach of security linked to their own computer, communication and information system infrastructure. Accesses and use made with the User account will be deemed made by the User, even if such access and use is made without the User’s knowledge or consent.
  4. The User must inform Fund Bank immediately in case of actual or suspected compromission of their Credentials.
  5. The User is solely responsible for obtaining and maintaining all the hardware, software and internet connection necessary to access [KYC Manager], together with the costs for the same.
  6. To ensure secure and uninterrupted access to [KYC Manager], Users must ensure that their computer system meets the following minimum requirements:
    1. Operating System: A current or supported version of Windows, macOS, or a major Linux distribution.
    2. Web Browser: The latest version of a modern web browser such as Google Chrome, Mozilla Firefox, Microsoft Edge, or Safari, with JavaScript and cookies enabled.
    3. Internet Connection: A stable broadband internet connection with sufficient bandwidth to support secure data transmission.
    4. Security Software: Up-to-date antivirus and anti-malware software installed and active.
  7. User must promptly install available operating system and software updates (particularly security-related updates). Failure to do so may increase the risk of damages due to malware, viruses, hacking, phishing, or other cyber threats. To the fullest extent permitted by applicable Luxembourg laws, we disclaim all liability for any consequences of failure to install operating system and software updates or maintain adequate security measures, including errors, loss of data, interruptions of business, unauthorized access and other misuse of your computer systems and of [KYC Manager], including with your account.

4. Intellectual property rights

  1. All intellectual property rights, whether registered or not, property rights and other rights or form of protection in [KYC Manager], whether created during, before or after your acceptance of these Terms of Use, are and shall remain the property of FundBank and its licensors. Save as expressly set out herein, no rights are granted to the User, or the other individual or entity they represent, in or to [KYC Manager] and related services. Nothing in this agreement shall be interpreted as transferring or assigning any intellectual property rights or other rights to the User or the individuals or entity they represent.
  2. Upon acceptance of these Terms of Use, FundBank grants the User a limited, temporary, non-exclusive, and non-transferable right to access and use [KYC Manager] in the form and under the conditions provided by FundBank and its licensors, through their own User online account only. This right is limited to the needs of the User themselves and the internal needs of the other individual or entity the User represents, as applicable.
  3. The User will promptly notify FundBank of any unauthorized access or use of [KYC Manager] or of their online account.
  4. The User is not permitted to, will not attempt or permit anyone to, directly or indirectly:
    1. Decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas, -structure or organization from [KYC Manager];
    2. Defeat, bypass, remove or otherwise circumvent any protection or security mechanisms in [KYC Manager];
    3. Reproduce, assign, sell/resell, license/sub-license or rent or otherwise commercialize, translate or otherwise modify or create derivative works of all or parts of [KYC Manager], or otherwise allow the modification or use in any manner by a third party;
    4. Use the Services in any way which would, in our opinion, be unlawful, objectionable, harmful, threatening, defamatory, obscene, infringing, harassing or offensive, including breaching any applicable laws, infringing any person’s rights in intellectual property or other rights or giving rise to any cause of action against us, you or any third party.
  5. Pre-existing intellectual property rights , if any, in the data, documents and metadata that the User uploads or processes through [KYC Manager] remain with the User or the other individual or entity they represent. FundBank and its suppliers have the right to use these data, document and metadata to facilitate current and future compliance-related legal, regulatory and policy-driven obligations where the User and the other individual and entity they represent is involved.
  6. FundBank is not responsible for the accuracy, completeness or integrity of any data, document and metadata the User uploads or processes through [KYC Manager] and the User retains the responsibility to ensure that the data, documents and metadata are backed up.

5. Processing of personal data

  1. The User is responsible for ensuring, as applicable, there is an appropriate legal basis and purposes for any personal data provided to FundBank by or on behalf of the other individual or entity the User represents which is being or will be processed in accordance with these Terms of Use. As between you and FundBank, you are responsible for the provision to us of the personal data relating to you, and the other individuals and entities you represent. You are also responsible for informing the other individuals and entities you represent of that processing and these Terms of Use as appropriate. You must ensure that any information and document you provide is accurate and up to date.
  2. Personal data is collected through [KYC Manager] and further processed by FundBank as a controller in accordance with the European Union General Data Protection Regulation (GDPR) and FundBank’s Client Privacy Notice available at EU Client Privacy Notice – FundBank
  3. That personal data is processed to provide and improve the services offered by FundBank and its suppliers, for customer support, to ensure the security of [KYC Manager], to comply with our legal obligations and for our legitimate business interests, namely improve the quality, responsiveness and flexibility or our business offering.
  4. FundBank shares that personal data with third parties, including data processors who provide services on behalf of FundBank, as more specifically details in our Client Privacy Notice.
  5. FundBank may and may use suppliers to issue communications to the User or directly the other individual and entity they represent via digital channels (such as mail or text messages) and/or postal mail using the contact details provided by the User or otherwise. These communications will run through the internet and/or public communications networks.

6. Professional secrecy and confidentiality

FundBank is bound by professional secrecy obligations as defined and applied pursuant to the laws of Luxembourg. FundBank shall treat the information received via [KYC Manager] as confidential. In this context, the relevant parts of our General Terms and Conditions available at Resources – FundBank  will apply mutatis mutandis.

7. Limitation of liability

  1. We implement all suitable physical, electronic, and managerial measures to safeguard personal and non-personal data from unauthorized access. The User acknowledges that transmitting data over the internet and other communications networks is always associated with risks. Therefore, the User accepts, for themselves and the other individual or entity they represent, that any damage they might incur as a result of unauthorized access to data over the internet, by third parties without permission, cannot be claimed from FundBank or its suppliers.
  2. Without prejudice to the foregoing, Fundbank (including its managers, officers, employees, representatives and other agents) and its suppliers disclaims, to the maximum extent not prohibited by applicable law, any liability, representation and warranty in relation to the access and use of [KYC Manager], except if and to the extent any damage caused directly results from Fundbank willful misconduct (dol) or gross negligence (faute lourde).
  3. Users are liable for their acts and omission and for the acts and omissions of the individuals and entities they represent. You agree to indemnify, hold harmless and keep indemnified and held harmless, FundBank, our licensors and our suppliers against any liability for loss, damages, costs, awards, proceedings, claims, demands, expenses (including reasonable legal fees) and inconvenience which arise as a result of your breach of these Terms of Use.

8. Amendments to these Terms of Use and to KYC Manager

  1. We reserve the right to amend these Terms of Use at any time without notice, in which case you will be prompted to accept the amended version before being able to continue accessing and using [KYC Manager].. Your continued access and use of [KYC Manager] following such changes constitutes your acceptance of the new Terms or Use.
  2. We reserve the right to make changes to the KYC Manager or the manner in which we provide access to it, at any time without notice.

9. General

  1. These Terms of Use (together with all documents referred to herein or executed contemporaneously herewith) constitute the entire understanding in relation to the access to and use of [KYC Manager] and supersede all prior terms (whether oral or written) in respect thereof, including but not limited to our General Terms and Conditions and our Client Privacy Notice.
  2. If any stipulation of these Terms of Use is held to be illegal, invalid or unenforceable in any jurisdiction, then such provision shall (so far as it is illegal, invalid or unenforceable) be given no effect and shall be deemed not to be included in these Terms of Use or shall not affect the validity and enforceability of the other stipulations in any other competent jurisdiction but without invalidating any of the remaining stipulations of these Terms of Use.
  3. We reserve the right to unilaterally and without prior notice restrict, suspend or terminate User access to [KYC Manager], in whole or in part, particularly in case of a violation of intellectual property rights or of these Terms of Use, or if FundBank’s own authorization from its licensers to provide the User with access to [KYC Manager] is restricted, suspended or terminated for any reason (including your or our own fault, or a force majeure event).

10. Governing law and jurisdiction

  1. These Terms of Use and the rights, obligations and liabilities of FundBank and the User are governed by and must be construed in accordance with the laws of the Grand Duchy of Luxembourg, without regard to its conflict of law provisions.
  2. Any disputes arising from or in connection with these Terms of Use are subject to the exclusive jurisdiction of the courts of the City of Luxembourg.