Terms & Conditions

Please read these Terms and Conditions carefully. These Terms and Conditions apply between us and you as a user of the Platform (“User”, “Creator” “you” or “your”). Tirnu is not a financial institution, merchant, creditor, charity, advisor or broker of any kind.

Tirnu,UAB. Registration Code:306119815. Registered in Lithuania. Tirnu Ltd is a company registered in England and Wales with the registered company number 13920973 and its registered address 71-75 SHELTON STREET, COVENT GARDEN LONDON WC2H 9JQ.

Tirnu has created the Tirnu App and the Tirnu web platform (jointly the “Platform”).

Users are responsible for all the activity on their account, and for keeping their password confidential. Report any misuse of your account to support@Tirnu.com.

1. INTRODUCTION

1.1. You can register an account (“Tirnu Account”, “Account”) on Tirnu.com. Do not impersonate anyone else, use trademarks that do not belong to you, or choose names that are offensive or that violate any local laws. If you do not adhere to these rules, your account may be suspended.

1.2. Through the platform customers in the European Economic Area can option to access and use a personal payment account and use virtual and physical card services for the purpose of, among other things, enabling transactions with electronic money.

1.3. For the purpose of setting up the personal payment account (“Tirnu UAB”, jointly “Card Services”), Tirnu has partnered with Intergiro Intl AB (“Intergiro”), a Swedish fintech company that provides electronic money account services and payment card services. Intergiro is licensed and supervised by the Swedish Financial Supervisory Authority (Sw: Finansinspektionen) as an electronic money institution with the authority to issue electronic money under the Swedish Act on Electronic Money (Sw. Lag (2011:755) om elektroniska pengar) and to provide payment services under the Swedish Act on Payment Services (Sw: Lag (2010:751) om betaltjänster). Intergiro will provide a personal payment account (the “Card Services”), issue a Visa payment card and make the Top-up functionalities available to you, and we will provide the Platform.

1.4. These Terms and Conditions apply between us and you as a user of the Platform (“User”, “Creator” “you” or “your”). When signing up as a customer to use the Platform, you accept these Terms and Conditions regarding the use of the Platform. Simultaneously, or at a later stage, you may apply for an Account using the Platform, which is integrated with Intergiro’s payment services platform and that provides you with payment services. These Terms and Conditions together with our privacy policy (the “Privacy Policy”) form a legal agreement (the “Agreement”) between you and us, governing your use of the Account. This means that you will be a customer of both Tirnu and Intergiro. Hence, you will also be required to accept a set of terms and conditions applicable between you and Intergiro (the “Intergiro Terms and Conditions”).

1.5. To access the Platform you need an internet connection, a computer, a smartphone, or a tablet with a web browser (as applicable). You may also need to download and install the Tirnu app on your smartphone or tablet and accept the Terms and Conditions. You will find information regarding available operating systems and versions of web browsers, etc., on Tirnu.me.

1.6. You may only use the Platform for your personal use and in accordance with the Agreement. The Agreement is for an indefinite term, meaning that it will continue in force until you or we terminate it, in accordance with the provisions of this Agreement.

1.7. The language of the Agreement is English and all communications will be conducted in English unless otherwise stated in the Terms and Conditions. You can at all times download a copy of these Terms and Conditions from the Platform or receive a copy from Customer Support.

2. YOUR TIRNU CARD SERVICES

2.1. To use the Card Services, you will need to create a user account (the “Tirnu Account”).

2.2. To be eligible to use the Card Services you need to:

* be a private individual;

* at least eighteen (18) years of age;

* live within the European Economic Area; and

* have accepted these Terms and Conditions.

2.3. In addition to the prerequisites set out in clause 2.2. above, you must only use your Card Services for your personal use and for legal purposes. You cannot be listed on or associated with any sanctions list, such as the sanctions list of the EU, the UN or OFAC.

3. HOW TO ACTIVATE TIRNU CARD SERVICES

3.1. To activate Tirnu Card Services, click on the “Claim your card” banner in your profile and follow the instructions.

3.2. When applying for Card Services, you promise and warrant to us that:

* you will utilise the Card Services for your personal use and for legal purposes only;

* any information and documentation provided by you are authentic, up-to-date, true and correct;

* you will comply with the provisions of the Agreement; and

* you will respect our and our third parties’ intellectual property rights relating to the products and services offered to you under the Agreement.

3.3. Please note that you need to inform our Customer Support without undue delay of any change of residential address or any other information relevant to your use of the Platform.

4. CUSTOMER SUPPORT AND COMPLAINTS

4.1. Tirnu will provide customer support services relating to the Platform as well as the Account (“Customer Support”) and you are welcome to contact Customer Support if you have any questions about the Platform or your Account. Customer Support is accessible via the platform chat. Customer Support is open 24/7. all days. Customer Support is available in the English language.

4.2. You acknowledge and understand that Customer Support constitutes a first support line, and that Customer Support may need to contact Intergiro or any other partners of Tirnu engaged for the supply of the Platform for second line support as necessary.

4.3. On www.konsumenternas.se you can read more about your consumer rights.

4.4. For any complaints or claims you may have regarding faults or deficiencies in products or services that you have purchased through your Tirnu Card Services, please contact the seller of the product or the service provider (i.e. the point of sales) directly. The seller or service provider is liable for such faults or deficiencies in accordance with laws applicable to the purchase, and neither Tirnu nor Intergiro assumes any liability regarding such faults or deficiencies.

5. YOUR PERSONAL DATA

5.1. Tirnu collects and processes personal data about you for the purpose of providing the Platform and the Platform Account to you. Tirnu is the data controller for the personal data processed under the Agreement for the purpose of providing the Platform Account.

5.2. Further, Tirnu is the data controller for Customer Support and is responsible for your personal data processed for the purpose of Customer Support. In addition, Intergiro will collect and process personal data about you in order to provide your Card Services. Tirnu will, acting as Intergiro’s data processor, process certain personal data collected by Intergiro.

5.3. It is Tirnu’s duty to keep the personal data that we process about you safe and secure. We will not disclose information relating to your Account to third parties outside the circle of trusted suppliers we work with to provide the Platform, other than as required by the laws of Switzerland or applicable EU legislation.

5.4. It is important that you understand how Tirnu and Intergiro process your personal data. We and Intergiro value our customers’ privacy and process and protect the personal data of our customers in accordance with the requirements of the General Data Protection Regulation (GDPR). Please see our Privacy Policy which sets out the full details on the personal data that Tirnu collects, how it is used and kept safe and for how long it is stored.

6. FEES AND CHARGES

6.1. Registering your Tirnu Account for Personal Use is free. For the use of Tirnu Card Services and certain specific features you may be charged a fee. For more information refer to the Tirnu Pricing section on the Platform. Users are fully responsible for paying any additional fees or taxes associated with your use of Tirnu. Users agree that any tax obligations, including the reporting and payment of any applicable taxes in your country of residency or in any other applicable country, is your responsibility in relation to your use of the account. Tirnu is not responsible or liable for any tax matters applicable to you in any of the countries in which you operate. Always consult with experts in your area of tax residency to find what rules and regulations apply to you.

7. PLATFORM ACCOUNT SECURITY

7.1. Unauthorised Use. If you become aware of or suspect that someone has unauthorisedly used your Platform Account, you must contact Customer Support as soon as you are able, otherwise you will be liable for any such unauthorised actions or measures in your Platform Account. If you are notified about any suspicious actions or measures in your Platform Account, you need to inform Customer Support as soon as possible from such notification that an action or measure was unauthorised.

7.2. Your responsibility. You are responsible for keeping your Platform Account safe. Whilst measures are undertaken to protect your Platform Account, please note that you are responsible for ensuring that:

* your Platform Account and your credentials, ordinary and one-time passwords, means of communication used with Tirnu for authentication purposes (“account credentials”) are kept safe and secure and that you do not keep account credentials or security details together with a device used to access the Platform;

* you use a strong password, which you do not use for any other account or similar, which you update from time to time;

* you do not let any third party access or use the Platform Account;

* you immediately contact the Customer Support if you suspect or experience that your Platform Account (or any information thereof) is accessed or otherwise used by an unauthorised third party or if you suspect that any account credentials are at a risk of or are being used or otherwise possessed by an unauthorised third party;

* you ensure that all information (including but not limited to your contact details and address) relating to the Platform Account is up-to-date and that you inform Customer Support without undue delay of any change; and

* you always follow the rules and recommendations regarding security of your Platform Account.

8. CHANGING THE AGREEMENT, CLOSING YOUR PLATFORM ACCOUNT

8.1. Tirnu may unilaterally change the Agreement (including these Terms and Conditions or the Privacy Policy) from time to time, for example to introduce new products or to comply with applicable laws. In case of any changes that could affect your current use of your Tirnu Card Services, you will be notified at least two (2) months in advance of such a change. If you do not accept the changes, you should notify Customer Support before the changes take effect. Please note that we may terminate the Agreement with you and close your Card Services in such a case.

8.2. You can terminate the Agreement free of charge and close the Platform Account at any time without notice. Please contact Customer Support if you wish to terminate your Platform Account.

8.3. Tirnu can terminate the Agreement with you and close the Card Services with two (2) months’ prior notice for any reason.

8.4. In addition, we may (i) suspend your Platform Account (or any part thereof), or (ii) terminate the Agreement and your Platform Account (or any part thereof) with immediate effect if you, in our opinion, materially breach the Agreement, any applicable laws or if Tirnu is required to do so under any law, regulation, court order, or request of an authority.

8.5. In certain circumstances, Tirnu is prevented from closing the Platform Account due to ongoing investigations concerning the Platform Account. In such cases, we may freeze the Platform Account to complete the investigation.

8.6. You will be notified prior to your Platform Account being closed.

9. ADDITIONAL LEGAL TERMS

9.1. Card Service functionality. With respect to the functionalities of the Card Services, including collections, payouts, cards, top-ups and transactions, reference is made to the Intergiro Terms and Conditions. You acknowledge, understand and accept that Tirnu will in no event, except for the provision of Customer Support, assume any liability for the functionality of the Card Services, including but not limited to any of the functionalities referred to in the foregoing.

9.2. Changes to Platform. Tirnu may need to make changes, updates and upgrades to the Platform as it sees fit from time to time. In such a case you will be notified in advance.

9.3. Inactivity. If your Platform Account is inactive, meaning that no log-in has occurred for a period longer than six (6) months, Tirnu has the right to terminate the Agreement with you and close your Platform Account.

9.4. Intellectual property rights. Upon entering into the Agreement, Tirnu grants you a limited, non-exclusive, non-sublicensable, non-transferable, revocable right to use the Platform. All the intellectual property in the Platform are owned by us or our licensors (such as our logo and designs, the content on the Platform, all software and source code, trademarks, know-how, and data related to the Platform). You do not have any right to use our or our licensors’ names, trademarks, logos or other intellectual property. You must not copy, reproduce, modify, reverse engineer or disassemble any of our products, services or any intellectual property rights.

9.5. Performance analytics. To ensure that the services work as intended and in order to provide you with the best customer service possible, we conduct performance analytics based on data shared with us by Intergiro. Please refer to our privacy policy if you would like to know more about our processing of personal data.

9.6. Tirnu’s liability. The Platform is provided “as is” and we cannot guarantee that the Platform will be free from faults or interruptions. This is partly due to the fact that we rely on some third parties to provide the Platform.

9.7. Tirnu is not liable for any services provided by Intergiro to you, and we do not undertake any responsibility in relation thereto.

9.8. Exclusions of liability. In addition to the above and to the extent such limitation is permitted by law, Tirnu will not be responsible:

* for any indirect, punitive or consequential damages or losses including but not limited to loss of profit, loss of data, loss of business, loss of goodwill and loss of reputation;

* for any damages, losses or costs in connection with or due to compliance with applicable laws, regulations, orders and decisions of courts or authorities or other regulatory requirements of payment systems, card payment systems or any other payment, clearing or settlement system;

* for any damages, losses or costs in connection with or due to any delays, interruptions, faults or inaccuracies relating to the Platform;

* for any damages, losses or costs caused by a virus, malware, phishing or other technological attacks or harmful material that may infect your IT equipment and infrastructure being used for the Platform;

* for any damages, losses or costs that arise in connection with or due to unauthorised transactions;

* for any damages, losses or costs arising in connection with or due to Intergiro’s decision (i) not to onboard you and activate Card Services for you), (ii) close your Card Services, or (iii) reject a transaction; or

* for any fraudulent act conducted by any third party contacting you posing to be representing for example us or Intergiro, a well-known company or an acquaintance of a natural person related to you asking you to disclose your customer details such as password, logins etc. Neither we nor Intergiro request that kind of information or undertake any such action.

9.9. Force Majeure. We shall not be liable for any breach or delay in the performance of our obligations under the Agreement if such breach or delay is caused, directly or indirectly, by fire, flood, earthquake, elements of nature, wars (incl. cyberwar), civil or military disturbances, acts of terrorism, sabotage, strikes, riots, epidemic, pandemic, or any cause beyond our reasonable control (“force majeure event”). Should a force majeure event occur, you will be notified thereof and Tirnu will be excused from performance of the obligations being affected for as long as such force majeure event prevails.

9.10. Severability. If any of the provisions of the Agreement is deemed invalid, unlawful or unenforceable, the remaining provisions of the Agreement shall continue to be valid and binding on you and us.

9.11. Assignment. You may not assign your rights or obligations under the Agreement to a third party and you are the sole party to the Agreement with us. You are liable until the Platform Account is terminated. Tirnu may assign its rights or obligations under the Agreement to a group company or to any third party without your prior consent.

9.12. No waiver. Tirnu has the right to exercise any right or remedy it has under the Agreement at any time, even if such exercise is delayed, or we previously failed to exercise any right or remedy it is entitled to.

9.13. Swedish law applies. The part of the Agreement relating to the Card Services shall be governed by Swedish law without regard to conflict of law principles.

9.14. Dispute resolution. [If you are dissatisfied with the Platform or your Platform Account, please contact Customer Support. If you wish to present a formal complaint it should be in writing including the relevant circumstances of the complaint. In case of a dispute between you and Tirnu, you may file a complaint with the National Board of Consumer Disputes (Sw. Allmänna Reklamationsnämnden (ARN)) in Sweden, which provides alternative dispute resolution free of charge. For more information please refer to the website www.arn.se or https://arn.se/om-arn/Languages/english-what-is-arn/ . A complaint to the National Board of Consumer Disputes must be submitted in writing. Please note that certain limitations in time and value apply. Tirnu undertakes to participate in the National Board of Consumer Disputes’ processing of the dispute. More information on your consumer rights is available at www.konsumenternas.se.]

9.15. You also have the right to use the European Union’s online dispute resolution platform available at https://ec.europa.eu/consumers/odr/main/?event=main.trader.register.

9.16. More information about online dispute resolution is available at www.konsumenteuropa.se

9.17. If legal actions are brought against you by Tirnu, the courts of Switzerland shall have jurisdiction to settle any dispute. Tirnu does, however, have the right to bring legal action against you with a court in another country if you are resident in or hold assets in such a country.

9.18. Distance Contracts Act. In accordance with the Swedish Distance Contracts Act (Sw. lag 2005:59 om distansavtal och avtal utanför affärslokaler) you, as a consumer, have the right to withdraw from the Agreement entered into with us as it has been entered into on a distance (withdrawal right). If you wish to exercise such withdrawal rights you must contact the Customer support within 14 days from the date of entering in the Agreement or from the date you were fully aware of the exact information contained within the Agreement.

10. USER RESPONSIBILITIES

10.1. Users are fully responsible for the legality and reliability of all content they link, and monetize on the platform. Any royalties or licensing on monetized content are the sole responsibility of the user.

10.2. Users access all content through Tirnu at their own risk, being solely responsible for any resulting damage or loss to any party. Tirnu does not become involved in any disputes between users, or between users and any third party.

10.3. Users agree not to engage in activities that violate the law, or breach any contract or legal duty they have toward anyone.

10.4. It is not allowed to impersonate other people or post information you know is false, misleading, or inaccurate. Do not threaten, abuse, harass, dox, spam, or in any other way act out against other Tirnu users.

10.5. Do not commit fraud or act in a way that violates any of Tirnu’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.

10.6. Adding Links to illegal, or malicious content will result in the termination of your Tirnu account.

10.7. Users must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

10.8. Tirnu profiles may contain links to other websites and apps, for example, links to content platforms. Accessing third-party websites and apps is done at users’ own risk. Tirnu does not endorse or control those sites.