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End User Agreement

  • Last updated: 1 July 2022
  • Next Scheduled Review: 1 January 2023

This End-user Agreement ("Agreement") is a legal and binding agreement between Lean Technologies ("Lean", "we" or "us") and the end-user of the Lean Services ("you", "your"). This Agreement applies when we provide data aggregation and/or payment initiation services to you, and when we transmit retrieved data and/or the payment status related to such services to third parties on your behalf ("Lean Services"). Such third parties include the owner or provider of the website, desktop and/or mobile application through which you or that third party developer has accessed the Lean Services ("Developer Application").

By using the Lean Services, you agree to be bound by the terms of this Agreement. This Agreement should be read alongside our Terms of Use and our Privacy Notice (both accessible on the Lean website https://www.leantech.me). You should read the terms of this Agreement and each of these documents carefully to ensure you understand and agree to be bound by them. In the event of any conflict between this Agreement and any other document provided to you by Lean, this Agreement shall take priority.

We can, and do, regularly make changes to this Agreement. We will post any amended terms to our Website. If you continue to access and use the Lean Services, your actions will indicate to us that you agree to be bound by those amended terms.

If the End-user is a company, partnership, or other legal entity ("Corporate Entity"), or acting on behalf of a Corporate Entity, then all provisions hereunder shall be applicable to such Corporate Entity except where the context expressly provides otherwise. If the End-user accesses and uses the Lean Services on behalf of the Corporate Entity, you agree that you have the necessary capacity and authority to bind that Corporate Entity to the terms of this Agreement.

1. About us

1.1. “Lean” means the contracting company within the Lean group of companies depending on where you receive the Lean Services, as stipulated in the table below:

| Jurisdictions | Name of Lean Entity | | ---------- | ---------- | | United Arab Emirates | Lean Technologies Ltd, a company incorporated and registered in the ADGM at DD-16-121-032, 16, Wework Hub71, Al Khatem Tower, ADGM Square, Al Maryah Island, Abu Dhabi, United Arab Emirates, registered number 000004778. Lean is licensed and regulated by the ADGM Financial Services Regulatory Authority to perform the regulated activity of Providing Third Party Services (FSRA license number: 200033). | | Kingdom of Saudi Arabia | Lean Technologies Saudi for Technology and Information Systems a company registered and incorporated in the Kingdom of Saudi Arabia at Al Aqiq, Riyadh 13519. KSA, Saudi Payments, Fintech Hub, KAFD KSA, registered number 1010622090. Lean is licensed and regulated by the Saudi Central Bank to operate as a Technical Service Provider within the Regulatory Sandbox. |

From time to time, Lean may partner with and/or outsource certain business activities to third-party service providers in connection with the operation, maintenance and hosting of the Lean Services.

1.2. Lean makes no representations or warranties as to the availability or suitability of the Lean Services for you.

2. Lean Services

2.1. The Lean Services allow you to obtain financial information from your online bank or payment account ("Payment Account") (data aggregation services) and to make online payments directly from your Payment Account (payment initiation services).

2.2 You have accessed the Lean Services through a Developer Application. The products and services provided to you by the Developer Application are governed by a separate agreement between you and the provider of the Developer Application (‘Developer Terms’). We have no responsibility for the products and services provided to you by or through the Developer Application and Lean will not be liable to you for any harm, damage or loss arising from your use of the products and services provided by or through the Developer Application.

2.3. We will not charge you for your use of the Lean Services. The Developer Application may, however, charge you for products and services provided to you that make use of the Lean Services provided by Lean under this Agreement. Developer Application providers and other third parties may pay us fees and other amounts in connection with the services we provide to them.

3. Eligibility and Availability

3.1. You may only use the Lean Services if: (i) you are over the age of consent in the jurisdiction where the Lean Services are provided, or you have the express consent of a legal guardian; (ii) you provide us with accurate, complete, and up-to-date information, and do not misrepresent your identity or any other information about you; (iii) you agree to this Agreement, and to using the Lean Services in accordance with this Agreement; and (iv) you agree to comply with all laws and regulations applicable to your use of the Lean Services.

3.2. The Lean Services that are available and the manner in which the Lean Services are delivered may vary depending on the type of device you are using, the type of Payment Account(s) you have and the Developer Terms.

4. Form and Procedure for Accessing the Lean Services

Data Aggregation Services

4.1. With your explicit consent, we access and transmit information relating to your selected Payment Account(s) to the Developer Application through which you have accessed the Lean Services. Such information may include: (i) financial transaction history, for example, transaction amount, data, description and currency; (ii) financial account details, for example, account number, type, currency and balance; and (iii) financial account holder information, for example, name, address, phone number, and email address (together “Account Information”).

4.2. Before receiving Lean’s data aggregation service, you will have instructed the Developer Application through which you have accessed the Lean Services to retrieve your Account Information using Lean. Upon such an instruction, you will be redirected to us.

4.3. Once you are redirected to us, we will ask you to select which Payment Account provider ("Account Provider") you would like us to access your Account Information from. You will give your explicit consent to us: (i) accessing your Account Information from the Account Provider you have selected; and (ii) taking the steps outlined in paragraph 4.5 below. Lean may request your Account Information from your Account Provider on a periodic basis in accordance with your consent until the consent expires or is withdrawn.

4.4.In some circumstances, we may ask you to provide us with the login details for your Payment Account. By providing us with your Payment Account login details, you confirm that you have all the necessary rights, permissions and authority to share your login details and Account Information with us, and you grant us explicit consent to use your login details to access your Payment Account to obtain the necessary Account Information on your behalf and at your direction in order to provide you with the Lean Services.

4.5. Once we have accessed your Account Information we will: (i) share your Account Information with the Developer Application through which you have accessed the Lean Services. This may include sharing your Account information with third parties as directed by that Developer Application which you have explicitly consented to such sharing. Such sharing allows the Developer Application to provide you with products and services in accordance with the Developer Terms.

4.6. We do not check the accuracy of the Account Information retrieved from your Account Provider and we rely on your Account Provider to ensure that your Account Information is up to date and accurate.

4.7. We may standardize, categorize, merge, aggregate, and otherwise process your Account Information before sharing it with the Developer Application through which you have accessed the Lean Services, or sharing it with third parties as directed by that Developer Application with your explicit consent.

Payment Initiation Services

4.8. Before receiving Lean’s payment initiation service, you will have instructed the Developer Application through which you have accessed the Lean Services to make an online payment using Lean. You will be asked to review and confirm your payment order details, including: (i) the payment amount; and (ii) the recipient details. It is your responsibility to ensure that all of the payment order details are correct before you confirm the payment order. You may not be able to recover a payment to an incorrect account or recipient.

4.9. You will be requested to confirm the payment order and provide explicit consent for Lean to send the payment order to your Account Provider for execution, to receive information from your Account Provider on the initiation and execution of the payment order and to pass this information on to the Developer Application through which you accessed the Lean Services.

4.10. There may be limits on the number or value of payments you can make using the Lean Services. Your Account Provider may also apply cut-off times to a payment initiated by Lean which will affect the time a payment takes to reach the recipient’s bank after we have received your instruction. Lean has no control over cut-off times and you are encouraged to refer to your Account Provider’s terms and conditions for specific information.

5. Incorrect or Unauthorized Payments

5.1. If you suspect that an incorrect or unauthorized payment has been made using Lean's payment initiation services you should contact us as soon as possible by emailing security@leantech.me.

5.2. You may be entitled to a refund of the incorrect or unauthorized payment from your Account Provider provided that you notify them of the incorrect or unauthorized payment without delay after the date of the relevant payment. You must contact your Account Provider in the manner set out in the applicable Account Provider terms and conditions.

5.3. You should be aware that your Account Provider may contact you directly (and not through Lean or the Developer Application through which you accessed the Lean Services) if there is an issue with a payment order submitted through Lean for whatever reason (for example, if there are insufficient funds or an issue with your authorisation). You may need to resolve such matters directly with your Account Provider.

6. Data and Security

6.1. We use your information in line with our End-user Privacy Notice (“Privacy Notice”) which can be found on our website at https://www.leantech.me/legal/privacy. If you are not comfortable with how we handle your information as explained in the Privacy Notice, you should not use the Lean Services.

6.2. We will do all we reasonably can to keep your Account Information and any access Lean has to your Payment Account secure. You must also do all you reasonably can to help us to do this, including keeping your payment devices and security details safe, and telling us if you notice something that does not seem right.

6.3. You are encouraged to contact us as soon as possible via security@leantech.me if an authorized person tries to access or use, or has accessed or used the Lean Services purportedly on your behalf. We will ask for information or other help we need from you to investigate and we may also help law enforcement agencies and ask you to do this too, as necessary.

6.4. We may refuse to allow a Developer Application to access your Payment Account if we are concerned that they are unauthorized or acting fraudulently. We will allow access again once the reason for refusing access no longer exists.

7. Communication

7.1. We will contact you and provide notices to you, or a person you’ve authorized us to contact (such as the Developer Application), using the most recent contact information you or they have given us. We may also contact you and provide notices through the Lean Services and/or our website accessible via https://www.leantech.me.

7.2. We may record and monitor telephone calls and other forms of written communication with you so that we can improve our services and for security reasons.

7.3. All communications with you will be in English, unless you are receiving the Lean Services in the Kingdom of Saudi Arabia where we may communicate with you in Arabic.

8. Compliance with Laws and Regulations

8.1 We will make every effort to perform our obligations to you under this Agreement. However, we are also obliged to comply with the law, regulations, court orders, codes and other requirements and obligations that apply to us, and to take measures to prevent the Lean Services being used for financial crime.

8.2 We will not perform any part of this Agreement and may suspend or terminate the Lean Services where we reasonably consider that doing so may: (i) involve us or you breaking a law, regulation, court order, code or other duty, requirement or obligation that applies to you or us or another Lean group company; (ii) involve, or be part of, us or you committing a criminal act of any kind; (iii) expose us or another Lean group company to action by a government, regulator or law enforcement agency; or (iv) expose us or another Lean group company to legal action from a third party. We will not be liable to you for not performing that part of the Agreement in any of these circumstances.

9. Liability

9.1. Lean will not be liable for any harm, damage or losses you may suffer if we cannot perform our obligations under this Agreement due to: (i) any legal or regulatory requirements; (ii) caused by circumstances outside or beyond our control (often called force majeure events), which may include natural events due to extreme weather, terrorist activity, internet or central bank outages, or industrial action; or the circumstances referred to in clause 8.2 above.

9.2. We will not be liable to you for any harm, damage or loss to you arising from the acts or omissions of any third parties, in particular your Account Provider(s) or the Developer Application through which you have accessed the Lean Services.

9.3. Lean’s total liability to you under this Agreement shall at all times be limited to a maximum of USD $100.

9.4. Nothing excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) a deliberate breach of this Agreement in a major way that is designed to harm you.

10.Complaints

10.1. If you have a complaint about the Lean Services, please email us at complaints@leantech.me so that Lean can investigate the circumstances. We aim to deal quickly and fairly with any complaint you have about the Lean Services in accordance with our obligations under applicable law. Lean may, however, direct you to: (i) your relevant Account Provider if your complaint relates to the services provided by the Account Provider or involves an incorrect or unauthorized payment; or (ii) the Developer Application through which you accessed the Lean Services, if your complaint relates to the products and/or services provided by the Developer Application.

10.2. Upon receiving your complaint, we will promptly send you a written acknowledgement. If we are able to resolve your complaint on the same day we receive your complaint, we will communicate this to you in our acknowledgement. In the event your complaint cannot be resolved the same day, we will acknowledge receipt of your complaint in writing as soon as possible, and no later than within 14 days of its receipt. We will also provide you with an overview of our complaint procedures and anticipated timeframe for resolution.

10.3. We will always do our best to respond to your complaint and resolve it as soon as we can, but if you are not satisfied with our response you may be able to refer your complaint to the regulator in the country in which we provide the Lean Services to you. In the UAE you may contact the Financial Services Authority in writing or you can visit their website at: www.adgm.com/registration-authority/complaints/submit-a-complaint. In Saudi Arabia you may contact the Saudi Central Bank in writing or you can visit their website at: www.sama.gov.sa/en-us/consumerprotection/pages/complaint.aspx

10.4. A summary of our complaints handling procedure is available on request and free of charge by using the contact details above.

10.5. Lean is not responsible for any complaints or disputes about products and/or services provided by the Developer Application through which you accessed the Lean Services, your Account Provider or other third parties. You should settle these with the Developer Application, third party, or Account Provider directly.

11. Assigning this Agreement to a Third Party

We may transfer all of our rights and obligations under this Agreement to a third party or another Lean group company, provided we reasonably consider that legal entity capable of performing the obligations under this Agreement as well as us. This includes information that the entity we are transferring the Agreement to needs to know about you and how you have used the Lean Services. They must also be authorized and recognised by our regulator as being able to provide the Lean Services that we are transferring.

12. Termination

12.1. You may terminate this Agreement at any time by ending your use of the Lean Services.

12.2. We may terminate this Agreement with immediate effect, or suspend or limit your use of the Lean Service if you breach the terms of this Agreement.

12.3. Termination of this Agreement shall be without penalty to you, but shall be subject to completion of any outstanding payment instructions which we may cancel, at our discretion, if we are able to do so.

13. Governing Law and Jurisdiction

Any dispute or lawsuit arising out of or in connection with this Agreement shall be governed by the laws of, and be under the exclusive jurisdiction of the courts in the country indicated in the table below:

| Country | Governing Law | Jurisdiction | |---------|---------------|--------------| |United Arab Emirates|The laws of England and Wales|ADGM Courts| |Kingdom of Saudi Arabia | The laws of Saudi Arabia | Courts of Saudi Arabia |

Version 0.3 - Published 1 July 2022

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