Agreement Definitions

Valid from April 1st, 2022

Account information service - payment service where consolidated information on one or more payment accounts held by the Customer is made available on the internet at the premises of another payment service provider or at the premises of several payment service providers.

Account Information Service Provider (AISP) shall mean a Payment Service Provider which provides Account Information Services.

Annex shall mean a document that is incorporated into the Main Service Agreement between Contomobile and the Customer which contains terms and conditions relating to the provision of Contomobile Services. Annexes may be titled as agreements, arrangements, schedules, supplements, rules, declarations, plans or any other way. Annexes are an integral part of the Main Service Agreement and form part of the Contomobile Terms.

Authorised User shall mean any natural person authorised to access or use the Contomobile App, Customer Self Service Portal, Contomobile Account and/or Contomobile Services by a Business Customer.

Business Customer shall mean a Customer acting for purposes connected with a trade, business or profession.

Competent Authority shall mean the Bank of Lithuania or any other governmental or regulatory body or authority with responsibility for monitoring or enforcing compliance with financial regulations.

Confidential Information shall mean the confidential information of the other party concerning the other party's business, plans, customers, clients, technology, services and products and other information held in confidence by the other party including all information in tangible or intangible form that is marked or designated as confidential or that, under the circumstances of its disclosure, should be considered confidential. Information will not be deemed Confidential Information if such information: (i) is known to the receiving party prior to receipt from the disclosing party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (ii) becomes known (independently of disclosure by the disclosing party) to the receiving party directly or indirectly from a source other than one having an obligation of confidentiality to the disclosing party; (iii) becomes publicly known or otherwise ceases to be secret or confidential, except through a breach of the Contomobile Terms by the receiving party; or (iv) is independently developed by the receiving party.

Consent shall mean the Customer’s consent to perform a Payment Transaction or any other action in the Contomobile App or Customer Self-Service Portal.

Consumer shall mean a Customer that is a private individual who is acting for purposes other than a trade, business or profession. Consumers may also be referred to as “Personal Customers”.

Contomobile Account shall mean an electronic account opened in the System on behalf of the Customer and associated with your User Profile which may be used to store Electronic Money, and to make or receive payments or enter into any other Payment Transaction.

Contomobile App shall mean the mobile application that may be installed on mobile devices and used to access your User Profile and Contomobile Account and to access our Services.

Contomobile shall mean Contomobile UAB (legal entity code 304285884, address Tuskulėnų 33C-55, LT-09219 Vilnius, Lithuania, e-mail support@contomobile.com ; Electronic money institution licence No 5, issued on 29/11/2016; the Bank of Lithuania is the supervisory authority that has issued the licence; information on Contomobile UAB is also held in the Register of Legal Entries of the Republic of Lithuania. More detailed information on Contomobile UAB is available online at www.contomobile.com.

Contomobile Terms shall mean the contractual terms and conditions operating between the Customer and Contomobile set out in the Main Service Agreement and the documents that are incorporated into that agreement by reference including but not limited to the Terms of Use, Privacy Policy, Price List and Annexes to the Main Service Agreement and the information that is provided on pages on the Contomobile Website(s) expressly referred to in the Main Service Agreement and the documents that are incorporated into that agreement by reference.

Control shall mean the power to direct, or exert a significant influence over, the affairs of a Customer that is a legal entity. Without limitation to the foregoing, any person that (directly or indirectly) owns or controls more than 25% of the shares or voting rights in the Customer will be deemed to exercise Control. (The expression “Change of Control” shall be construed accordingly.)

Customer (“Customer”, “You”, “Your”) shall mean a private individual or legal entity that has executed the Main Service Agreement and successfully completed the User Profile registration process. Where appropriate, references to a Customer should be taken to include the Customer’s Legal Representative or Authorised User.

Customer Self-Service Portal shall mean the secure section of our Website that is used to access your User Profile and Contomobile Account and to access our Services.

Data Protection Laws shall mean any law, statute, declaration, decree, directive, legislative enactment, order, ordinance, regulation, rule or other binding restriction (as amended, consolidated or re-enacted from time to time) which relates to the protection of individuals with regards to the processing of Personal Data to which a Party is subject.

Electronic Money shall mean electronically stored monetary value which is issued on receipt of the Customer’s money and stored in your Contomobile Account(s) which is for the purpose of making Payment Transactions.

Electronic Signature shall mean an electronic method accepted by Contomobile for the purpose of verifying the Customer’s identity and/or its intention to confirm the content of a document, Payment Order, instruction, message, or any other action to which the Electronic Signature is applied. An electronic signature shall mean a mobile signature, a four-digit code (PIN code) created by the client, a password created by the client together with a code received with an SMS message or any other personalized security credentials.

End User shall mean any third party that is a user, client, customer or consumer of the products or services provided by a Business Customer. Business Customers are responsible for conducting appropriate Customer Due Diligence and “Know Your Customer” procedures in relation to their End Users to the extent that such steps are required by applicable law.

Fee shall mean the fee charged by Contomobile for provision of our Services, as set out in the Price List.

Force Majeure shall mean any extraordinary circumstances that are beyond the control of the Parties and which cannot be foreseen, avoided, or prevented by any means including: war; civil war; revolts and revolutions; piracy; sabotage; riots; fire; flood; hurricane; typhoon; earthquake; lightning; explosion; strikes; epidemic; pandemic; the destruction of machinery, industrial buildings or some (or all) internal communications; slowdowns; any prolonged shortage of energy supplies; boycotts; strikes, lockouts or any other disruption that is the result of industrial action; the occupation of industrial or administrative buildings; suspension of work or other governmental acts that prohibits or impedes any party from performing its respective obligations under the contract.

Insolvent shall mean the status of a legal person that is unable to pay its debts as they fall due, or a legal person that does not have sufficient assets to cover its debts.

Intellectual Property Rights shall mean all patents, copyright and related rights (including rights in computer software and websites), database rights, design rights, trademarks, service marks, trade names, domain names, rights in reputation, rights in undisclosed or confidential information (such as know-how, trade secrets and inventions and other rights of an equivalent or similar nature (in each case whether registered or unregistered) and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Legal Representative shall mean a private individual duly authorised to provide instructions to Contomobile on behalf of a Customer (and able to legally bind the Customer) where the Customer is: i) a legal entity and the Legal Representative has been duly authorised to act on its behalf; or ii) a natural person and the Legal Representative has been appointed under a Power of Attorney or another power recognised by law.

Money Service Business shall mean a legal or natural person, carrying on by way of business the activity of: i) operating as a bureau de change; ii) transmitting money (or any representation of monetary value) by any means; or iii) cashing cheques which are made payable to its End-Users.

Payee shall mean the private individual or legal entity that is the intended recipient of funds which are the subject of a Payment Transaction.

Payer shall mean an individual or legal entity which gives a Payment Order or consents to the initiation of a Payment Order from its payment account.

Payment Initiation Service (PIS) – shall mean an online service to initiate a Payment Order through Contomobile at the request of the Payer, with respect to a payment account held at another Payment Service Provider.

Payment Initiation Service Provider (PISP) shall mean a Payment Service Provider which provides Payment Initiation Services.

Payment Instrument shall mean any means of payment that is associated with the Customer’s Contomobile Account which allows the Customer to make a Payment Transaction.

Payment Order shall mean an instruction from the Customer to Contomobile to execute a Payment Transaction.

Payment Service User shall mean a person making use of a Payment Services in the capacity of payer, payee, or both;

Payment Services Directive shall mean Directive 2015/2366/EU of the European Parliament and of the Council of 25th November 2015 on payment services in the internal market.

Payment Services Provider shall have the meaning set out in Article 4(11) of the Payment Services Directive (or its equivalent implementing legislation in member states of the EU or EEA).

Payment Services shall mean all Contomobile services related to the management of your Contomobile Account and the execution of Payment Transactions including transfers of funds on a payment account with Contomobile or with another payment service provider (such as execution of direct debits, including one-off direct debits; execution of payment transactions through a payment card or a similar Payment Instrument; execution of credit transfers, including standing orders); money remittance; issuing Payment Instruments and/or accepting and processing payments via a

Payment Instrument on behalf of the Payee; and executing Payment Transactions when the Payer’s consent to initiate the payment is submitted via an online system operated by a payment initiation service provider).

Payment Transaction Limit shall mean the transaction limit that is applied to your Account by default which will remain in place until you have submitted the “Know Your Customer” form and we have taken any steps we deem to be necessary to verify your identity.

Payment Transaction shall mean any action initiated by the Payer or Payee, or on behalf of the Payer related to the deposit, transfer or withdrawal of money to or from the Customer’s Contomobile Account.

Payment Transfer shall mean a Payment Service that involves a transfer of funds between the Customer’s Contomobile Account and another Contomobile Account, or an account held with a bank, financial institution or another Payment Service Provider.

Party shall mean Contomobile UAB or the Customer.

Password(s) shall mean any password or code created by the Customer, or assigned to them by Contomobile, which the Customer uses to access the Contomobile App, Customer Self-Service Portal, User Profile and/or Contomobile Account, to confirm its identity and to authorise Payment Transactions.

Personal Data shall mean information relating to an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Price List shall mean the Price List for Contomobile Services and which details our “Fees” for each of the Services we provide. The Price List is an Annex and is expressly incorporated into the Main Service Agreement and forms part of the Contomobile Terms.

Processing shall mean any operation or set of operations which is performed on Personal Data or on sets of Personal Data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction (Processed to be construed accordingly).
Redemption shall mean the process whereby the Customer may redeem the monetary value of the Electronic Money stored in their Contomobile Account(s) at any time and at nominal monetary value, in accordance with the Contomobile Terms.

Restricted Foreign Country shall mean any country identified by Contomobile at its sole discretion and included on the list of Restricted Foreign Countries. It is not permitted to: access Contomobile Services from a Restricted Foreign Country; or enter into a Payment Transaction with a counterparty located in a Restricted Foreign Country, or via a bank, financial institution or other Payment Service Provider located within a Restricted Foreign Country.
Security Credentials shall mean security measures that Contomobile uses for the purpose of confirming a Customer‘s identity when the Customer logs into the Contomobile App, Customer Self-Service Portal, User Profile and / or Contomobile Account(s); or authorises a Payment Transaction, or any other action, via the Contomobile System or a website or system operated by a third party. This includes, without limitation, any Password, PIN number or Payment Instrument security feature (e.g. a Payment Card CVC number).

Service Plan shall mean a monthly service plan offered by Contomobile. Service Plans may include bundled Services or other benefits. All available Service Plans are described in detail, together with any associated Fees, in the Price List.
Service shall mean services relating to the issuing and redemption of electronic money, services related to the management of your Contomobile Account, all Payment Services and any other services offered by Contomobile in accordance with the Contomobile Terms.

System shall mean the electronic information system operated by Contomobile and used to provide Contomobile Services to the Customer via its User Profile and Contomobile Account(s).
Statement shall mean the information prepared and provided by Contomobile regarding the Payment Transactions performed in a Contomobile Account within a specified period and available via the Contomobile App and Customer Self-Service Portal.

Terms of Use shall mean the Contomobile Terms of Use which set out the contractual terms of the relationship between Contomobile and its Customers and which govern the use of our Services. The Terms of Use are expressly incorporated into the Main Service Agreement and form part of the Contomobile Terms.

Ultimate Beneficial Owner – shall mean an individual ultimately owning or controlling a legal entity by directly or indirectly holding or controlling 25 % or more of the shares, assets or voting rights; or an individual who otherwise exercises control over the management of a legal entity.

Unique Identifier shall mean a combination of letters, numbers or symbols which Contomobile (as the Payment Service Provider) specifies to the payment services user and which is to be provided by the payment service user in relation to a Payment Transaction in order to unambiguously identify the counterparty to the Payment Transaction and/or the counterparty’s payment account.

User Profile shall mean a personalised profile created in our System following execution of the Main Service Agreement and successful completion of the User Profile registration process by the Customer.

Website shall mean our website at www.contomobile.com.

Working Day shall mean a day set by Contomobile when Contomobile provides Services, i.e. Monday to Friday, 9:00 to 18:00 Lithuanian time, (excluding national holidays). Contomobile may set different Working Days for the provision of different Services, as specified in the Price List and Annexes relating to specific Contomobile Services.