Terms of Use

1.1 The Merchant Portal is operated by Credi2 GmbH, Mariahilfer Straße 41-43/B6, 1060 Vienna, Austria ("Credi2"). We operate the Merchant Portal on behalf of Raiffeisen Bank International AG ("RBI"), Am Stadtpark 9, 1030 Vienna, Austria. Further information about the operator within the meaning of Section 5 of the E-Commerce Act (ECG) can be found in the legal notice on our website https://www.credi2.com/imprint.

1.2 The Merchant Portal is used for the technical mapping and administration of services based on the merchant agreement between the respective merchant and RBI ("Services"). You enter into a separate merchant agreement with RBI for BNPL services, which entitles you to register for the Merchant Portal. The services in the Merchant Portal consist of overviews of settlements, transactions and reporting, enabling you to view and manage the services in accordance with the merchant agreement:

• (a) Settlements: Overview of merchant settlements and payouts; payment status and individual transaction receipts for settlements, including export function as a .csv file; invoice overview and payment status for settled and invoiced merchant fees.
• (b) Transactions: Overview of transactions that you have processed as a merchant via the API and display of authorisations and orders; transaction details including management and booking.
• (c) Reporting: KPI overview and visualisation of (i) all transactions, (ii) transaction volume, (iii) authorisations carried out (orders authorised by the end customer), (iv) the number of shipping notifications, and (v) the number of credit notes.

Further detailed information about the services available in the Merchant Portal can be found in the corresponding Merchant Portal guide.

2.1 You register on the Merchant Portal at […] with a user account ("Account"). This registration gives you access to the Merchant Portal, where you can view, use and manage the services described in section 1.2.

2.2 During registration, you will be asked to provide company-related data ("access data"). This includes, in particular, the merchant name, personal master data (first name, surname) of a representative of the merchant, telephone number, e-mail address of the merchant, your password ("personalised security feature") for access, and other relevant data.

2.3 Following registration in accordance with section 2.2, we will create an admin user for you, who will be notified of the account creation via the email address provided. Registration is completed via two-factor authentication using the telephone number provided and a request to change the one-time password. You use the email address and your (changed) password to identify yourself to Credi2 and RBI as an authorised merchant. You will be granted access to the Merchant Portal once you have (a) submitted your email address and password, (b) this data has been verified and you have been granted access authorisation, and (c) your access has not been blocked.

2.4 If personal data is processed in connection with the use of the Merchant Portal, you will find all information on the personal data processed within the meaning of Article 13 of the General Data Protection Regulation ("GDPR") at https://my.cashpresso.com/dataprivacy.

2.5 You are obliged to provide truthful access data and to keep it up to date at all times. You must notify us of any changes immediately by changing the access data in your account.

2.6 You are obliged to treat your access data – in particular your account password – as confidential; disclosure to third parties is prohibited. Please note that you are liable for damages resulting from a culpable breach of this confidentiality obligation in accordance with the statutory provisions.

2.7 If you do not provide your access data completely or correctly, or if you do not update changed access data immediately, we may refuse registration at any time or block your account. Furthermore, we reserve the right to refuse registration at any time without giving reasons, or to withdraw a registration that has been granted and terminate the account.

3.1 No contract for services is concluded between the merchant and RBI when opening the account and using the Merchant Portal. The contract is concluded separately by means of a merchant agreement between the merchant and RBI.

3.2 The opening of the account and use of the Merchant Portal is subject to and governed by these Terms of Use and constitutes a separate user agreement between the merchant and Credi2.

4.1 We will use commercially reasonable efforts to make the Merchant Portal available in a manner suitable for use. We do not assume any further obligations with regard to availability, suitability or functionality.

4.2 We are entitled to partially or completely suspend the availability of the Merchant Portal, in particular if the portal requires maintenance for technical and/or operational reasons or if defects in the portal need to be rectified.

5.1 You acknowledge and agree that you must confirm each use of the Merchant Portal by entering a code sent to you via SMS. This requires, among other things, that you can be reached at the telephone number you have provided and that you have network access.

5.2 You must take all reasonable precautions to protect your access data, in particular the personalised security feature, from unauthorised access.

5.3 Furthermore, you must notify us immediately as soon as you become aware of any theft of access data or the personalised security feature, or any unauthorised or incorrect use of the services. In the event that data does not match, you must assume that access data has been stolen or that access has been corrupted, and you must not authorise the use of the Services, but rather submit a blocking notification.

5.4 You are obliged to refrain from any improper use of the Merchant Portal, in particular any use that impairs the operation of the Merchant Portal, jeopardizes public order and safety or morality, infringes the rights of third parties or violates applicable laws. You shall design all entries within the Merchant Portal in such a way that any improper use of the Merchant Portal, in particular by endangering public order and safety or morality, violating the rights of third parties or violating applicable laws, is excluded from the outset.

5.5 You shall do or refrain from doing anything that could damage or risk the good name and reputation of Credi2 and RBI.

6.1 We agree that all communication in connection with the Services shall be conducted electronically. We are entitled to use the email address and telephone number you have provided for this purpose. We will also set up a mailbox for you – as your electronic mailbox in the Merchant Portal – in which messages intended for you will be made available in electronic form. You can view the documents online, download them, print them out and archive them. You can send messages to us via the Merchant Portal or by email using the email address service@cashpresso.com. Credi2 is authorised by RBI to receive messages from you in connection with the Services.

6.2 You expressly waive the right to receive notifications by mail. However, we are entitled to send you additional notifications by mail if this is required by law or if we consider it appropriate, taking your interests into account. We will make use of this option in particular if you have not accessed the notifications in your mailbox for a long period of time. We will not charge you for this service.

6.3 At your request, we will also send you the messages placed in your mailbox by mail. The fee incurred for this is the cost of mail delivery, unless the mail delivery is made in fulfilment of a legal obligation.

6.4 We store communications and notifications for the entire duration of the existing contractual relationship. Within the statutory retention obligations and periods, we are able to provide you with a paper copy of these communications at any time upon request.

7.1 If you notice that your access data, your personal security features or the approval codes sent to you by SMS are being used or could be used by unauthorised persons, you must inform us immediately ("block notification"). You can also send us a block notification at any time by email to service@cashpresso.com. If you suspect that another person has unlawfully (a) gained possession of your authentication instrument or knowledge of your personalised security feature, or (b) is using the authentication instrument or personalised security feature, you must also submit a blocking notification.

7.2 At your request (especially in the case of a blocking notification), we will block access to the Merchant Portal and the account. We may block access to the Merchant Portal and account or no longer allow an authentication instrument if (a) RBI is entitled to terminate the merchant agreement for good cause, (b) objective reasons relating to the security of the authentication instrument or personalised security feature justify this, or (c) there is suspicion of unauthorised or fraudulent use of the authentication instrument or the Merchant Portal. We will inform you, stating the relevant reasons, if possible before, but at the latest immediately after the blocking. We will remove a block or replace the personalised security feature or authentication instrument if the reasons for the block no longer apply. We will inform you of this immediately. You can only have a block you have initiated lifted by mail or by telephone order.

7.3 We also reserve the right to block or delete the entries and/or your access to the Merchant Portal or to modify or delete content if there is a suspicion that your behaviour or your entries endanger the operation of the Merchant Portal, public order and safety or morality, violate the rights of third parties or violate applicable laws. We will inform you promptly of any such suspicion and give you the opportunity to comment on it and warn you, setting a short deadline for the suspicion to be dispelled or remedied. In cases of imminent danger, we may refrain from providing information and issuing a warning. In such cases, we will provide the information promptly.

8.1 You may not use, modify, interfere with or in any way alter Credi2's and RBI's trademarks or take any action or omission that may bring Credi2's or RBI's operations or business into disrepute or in any other way damage Credi2's or RBI's trademark rights without our prior written consent.

8.2 Nothing in these Terms of Use shall be construed as transferring or granting to you any rights to use the Merchant Portal belonging to Credi2 or RBI, or any intellectual property rights and trademark rights associated therewith, unless we have expressly agreed otherwise.

8.3 All rights of use, intellectual property rights and trademark rights to data and information, in particular to texts, photos, graphics, logos, button icons, social plug-ins, audio clips, digital files and data collections in the Merchant Portal are the exclusive property of Credi2, RBI or service providers used by us. All intellectual property rights, name rights and trademark rights to the Merchant Portal or individual parts of the Merchant Portal or arising from the use of the Merchant Portal are the exclusive property of Credi2, RBI or service providers used by us.

8.4 You are not authorized to extract and/or exploit parts of the Merchant Portal in any form. In particular, you are prohibited from using data mining, robots or similar data collection and extraction programs to exploit any substantial parts of the Merchant Portal. Furthermore, you are prohibited from creating and/or publishing your own database that contains parts of the Merchant Portal.

We shall be liable for damages – irrespective of the legal basis – in the event of intent and gross negligence. In the event of slight negligence, we shall only be liable for:

• damages resulting from injury to life, limb or health, and
• damages arising from the breach of an essential contractual obligation (an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the user regularly relies and may rely); in this case, however, our liability is limited to compensation for foreseeable, typically occurring damages.

We are entitled to amend these Terms of Use at any time. Amendments may be made to comply with applicable law or to implement changes for the further development of the Merchant Portal or the Services. We will notify you of the amended Terms of Use in writing or in text form at least thirty (30) days before they come into effect. The amended Terms of Use shall take effect if you do not object to them in writing or in text form within the aforementioned period. We will inform you of these consequences separately as part of the notification. In the event of your objection to the amendment, we are entitled to terminate the contract for the use of the Merchant Portal at the earliest on the notified date of entry into force of the amendment if we cannot reasonably be expected to continue the contract. Other rights of termination remain unaffected.

11.1 Austrian law shall apply. The competent court in Vienna is agreed as the place of jurisdiction for legal disputes arising from or concerning these Terms of Use.

11.2 The contract and negotiation language is German.

11.3 Should individual provisions of these Terms of Use be or become invalid or unenforceable, the remaining provisions shall remain unaffected. Such provisions will automatically be replaced by valid and enforceable provisions that achieve the intended purpose as closely as possible.