These General Terms and Conditions outline both your and our legal obligations and rights. They also contain important legal information that is legally required for users of our services and platform/apps. We strongly advise you to carefully review these General Terms and Conditions. Your rights under these General Terms and Conditions may vary depending on whether you are a user or a merchant.
If you have any questions, concerns, or complaints regarding the terms and conditions or the services, please contact MovePayment customer support at contact@movepayment.eu.
1. Introduction
1.1 MovePayment GmbH is a payment technology company, registered in Germany with the company number HRB 210355, whose registered office is Bohlweg 5-7, 38100 Braunschweig, Germany (“we”, “us”, “our”, and “MovePayment”).
1.2 Payment Initiation Services (“PIS”) and Account Information Services (“AIS”) within MovePayment’s platform/apps are provided by Salt Edge Limited, registered in England and Wales (#11178811) and authorized by the FCA (#822499), operating in Germany under license number 150228 of Fino-run GmbH, whose registered office is Universitätsplatz 12, D-34127 Kassel, a company licensed by BaFin (“Fino-run”).
1.3 These General Terms and Conditions govern your use of our platform/apps for payment purposes as a user, as well as your usage as a merchant. They take precedence over any other terms you may attempt to impose or include, whether implied by law, trade custom, practice, or previous dealings
1.4 You must accept all the terms contained in these General Terms and Conditions or expressly referred to herein, which apply to you as a merchant or user before using our apps, platform/apps, or services.
1.5 Since Fino run is the PISP for your transactions made using the platform/apps and services, you also agree to be bound by the current version of Fino run’s General Terms and Conditions as they exist from time to time. These are third-party terms, and MovePayment takes no responsibility for them or for your acceptance thereof.
2. Definitions
This section outlines the specific terms used in these General Terms and Conditions:
2.1 “MovePayment User App”: The mobile application provided by MovePayment, which allows users to link their bank account for initiating payments to both merchants and other users.
2.2 “MovePayment Business App”: The mobile application provided by MovePayment for merchants, enabling them to link their bank account to accept payments from users.
2.3 “Users”: Individuals who use our platform/apps and services for initiating transactions, primarily for personal, non-commercial purposes.
2.4 “Merchant”: Individuals or entities approved by us to utilize our platform/apps and services for transactions, mainly related to their professional, trade, or business activities.
2.5 “Merchant Fee(s)”: A specific charge per transaction imposed by MovePayment on merchants.
2.6 “Marketing Kit”: A set of materials provided by MovePayment to merchants, which includes items like a QR code stand, Stickers and promotional materials from MovePayment.
2.7 “Payment Provider”: Legitimate third-party payment service providers.
2.8 “Platform/Apps”: Refers collectively to our QR codes, our website (www.movepayment.eu) accessible via its URL or a web browser, the Merchant App, and the User App.
2.9 “QR Codes”: Quick Response Codes given by MovePayment to merchants and users for facilitating transactions.
2.10 “Manage Finances”: This expression describes the use of Account Information Services (AIS) by either a user or a merchant to access and manage their own bank account details.
2.11 – “You”: Refers to any individual or entity that utilizes our platform/apps, applicable to both merchants and users. This term is interchangeable with “you” or “your” in the context of this agreement.
2.12 “General Terms and Conditions” (also known as “Your Agreement with Us”): This term refers to the contract that establishes the legal obligations between you and us. It includes:
- The Website Terms and Conditions
- The Privacy and Cookie Policy, which can be found at https://movepayment.eu/privacy/
3. Contact Information
3.1 It may be necessary for us to contact you from time to time. For reaching you, we’ll utilize email as our primary means of communication. Additionally, we’ll contact you through any other personalized methods: this could involve SMS, push notifications, website alerts, or any other appropriate messaging platform. You can contact us by sending an email to contact@movepayment.eu.
3.2 Please notify us of any changes to your name or contact details, including email addresses, mobile phone numbers, or other contact information, to ensure effective communication. If you fail to do so, we are not responsible if you do not receive any information or notifications from us.
4. Personal Data
4.1 MovePayment is the processor for all personal data processed to carry out a transaction. The merchant is the controller of this data and is responsible for any disclosure or misuse of personal data. Where applicable, the merchant’s privacy policy should be available upon request from the merchant.
4.2 Any payment facilitated by MovePayment from a user to a merchant or another user is processed through Fino run GmbH as a PISP. Any use of Account Information Services (AIS), where a user or a merchant connects their own bank account with MovePayment through Fino run GmbH as an AISP. For details on how Fino run GmbH may use your personal data, you should refer to their privacy policy. The merchant is responsible for the personal data entered when using the platform/apps. Both merchants and users acknowledge that MovePayment is not responsible for any disclosure or misuse of personal data by a merchant.
5. Copyrights
5.1 All rights reserved. The content, design, and functionality of this platform/apps are protected by copyright law. Any unauthorized reproduction, distribution, or modification of the platform/apps content is strictly prohibited without prior written consent from the copyright owner.
6. Access/Availability
6.1 Although we would like you to be able to always use the platform/apps and services, occasional repairs, updates, and maintenance on our systems may mean that some or all of our platform/apps and services are unavailable for a while or that the platform/apps and services are slow for a short time. If you suffer a loss as a result, we are not responsible for that loss.
6.2 We cannot be held responsible for events outside our control. This includes failures or disruptions of the internet and telecommunications infrastructure that are outside our control and can lead to interruptions in the availability of the platform/apps and the service.
7. Liability
7.1 Although we always try to provide you with the best possible service, we are not responsible for losses or damages that you suffer if we cannot fulfil our obligations under our contract with you due to:
- legal or regulatory requirements.
- unforeseeable or unusual circumstances outside our (or our agents’ and/or subcontractors’) control that we could not avoid despite all efforts to prevent them – for example, labor disputes or machine failures.
7.2 We are responsible for losses or damages you suffer if it is a foreseeable consequence of our breach of contract with you, or if we fail to protect and securely store your information as required by relevant law. We are also responsible for any obligation we have breached if we cannot limit or exclude that obligation under applicable law.
7.3 Since the platform/apps is not a PISP and is not involved in transactions between users and merchants on the platform/apps. Any payment made by a user is subject to the user’s bank’s standard security checks, however, users should exercise caution when using the platform/apps to make payments to merchants and other users. Merchants are responsible for their own credibility and for ensuring the credibility of users when using the platform/apps to receive payments, and to be cautious to only accept payments from credible users. Accordingly, you agree that MovePayment is not responsible or liable for:
- any action (or omission) based on the use or reliance on information or content displayed through the platform/apps and services (or for any losses or damages you suffer as a result).
- any transaction you have with third parties (including the PISP and your bank and other service providers) through the platform/apps and services.
7.4 Subject to the foregoing and what cannot legally be excluded, our total liability to you for all damages, losses, or actions arising out of or in connection with your use of our platform/apps and services is limited to €1,000.
8. Termination
8.1 You have the option to terminate these terms and conditions, along with any additional terms, and close your MovePayment account at any time and without any charges. It’s necessary for you to do so if you no longer accept these terms and conditions or any relevant additional terms. Your agreement with us begins on the date you use our platform/apps/services and/or accept these General Terms and Conditions, whichever occurs first, and continues until terminated by us or you under this section.
8.2 For termination your Merchant agreement please contact us at contact@movepayment.eu.
8.3 We reserve the right to terminate these terms and conditions, along with any additional terms, and suspend, restrict or close your MovePayment account at our discretion. We can do it also if:
- We believe you have seriously or repeatedly violated our General Terms and Conditions.
- for routine maintenance
- MovePayment decides to discontinue the platform/apps and/or the service.
- at our discretion and without reason
In case of suspending, restricting, or terminate your use of the platform/apps and our services, we will inform you by email, SMS, or another suitable messaging service.
9. General
9.1 We reserve the right to enforce or reinstate any General Terms and Conditions at any time.
9.2 These General Terms and Conditions and any document mentioned therein constitute the entire agreement between you and us regarding your use of our platform/apps and services and supersede all previous agreements and understandings between the parties. If a court or other authority decides that some of these terms are unlawful, the remaining terms will continue to apply.
9.3 If any provision of these General Terms and Conditions becomes invalid, unlawful, or unenforceable, that part of the General Terms and Conditions will be separated from the rest of your agreement with us (meaning we cannot enforce that part of the agreement). The rest of the General Terms and Conditions will remain valid and enforceable to the extent the law allows.
9.4 All communication and information provided by us will be in either German or English.
10. Applicable Law and Jurisdiction
10.1 – These General Terms and Conditions, their subject matter, and their formation (and any non-contractual disputes or claims) are governed by the laws of Germany.
11. Specific Conditions for Users
11.1 To create a user account, user must be at least 18 years old and possess an online banking app from one of the German banks. To complete our registration process users must download the User App and register by providing their phone number and verifying their phone number via a one-time password. Once a user has provided their phone number, they must provide us with the following information: (i) their full name. (ii) date of birth. (iii) email address. (iv) address. (iv) accept our General Terms and Conditions. and (v) accept privacy.
11.2 To send and receive money, users must link their bank account. We establish this connection by initiating an AIS API call with the user’s banking app through Fino run GmbH’s Open Banking license. Users can connect multiple bank accounts if desired.
11.3 To ensure compliance with applicable laws and regulations upon request, users must provide additional information regarding their activities and identity. We will reach out to you as per Point 3.
11.4 Users can utilize the Platform/Apps to make payments to merchants or other users by various methods, including scanning QR codes, selecting a user from their recent payment history, accessing their phone contact list, or entering a MoveID. Additionally, users can request payments within the User App by selecting a user from their recent payment history, phone contact list, entering a user ID, or scanning a QR Code and specifying the payment amount. Upon sending a payment request, the relevant user receives a notification on their User App indicating that a payment is pending.
11.5 By authorizing a payment, you acknowledge that MovePayment assumes no responsibility in situations where funds are mistakenly sent to the wrong recipient or in cases of non-delivery of products or services.
12. Specific Conditions for Merchants
12.1 To create a user account, merchant must be at least 18 years old and possess an online business banking app from one of the German banks. To complete our registration process, merchants must download the Merchant App and register by providing their name/company name, date of birth, company number, address, and email address (“Registration Information”). Merchants must provide accurate and current registration information. Upon receipt of the registration information, we conduct our KYC checks (“Know Your Customer”), which may include a credit check with a credit bureau, and if acceptable, we approve the merchant to use our platform/apps and avail of our services.
12.2 To ensure compliance with applicable laws and regulations upon request, merchant must provide additional information regarding their activities and identity. We will reach out to you as per Point 3.
13. Merchant Account Creation
13.1 Application Process
Merchants interested in utilizing Move Payment’s services can initiate the onboarding process through either the Move Payment mobile application (“App”) or the official Move Payment website. The application process requires the prospective merchant to provide detailed information about their business for verification purposes. Required information includes:
- Business Information: Details about the business, including the business name and type.
- Ownership Information: Full name and contact details of the business owner.
- Legal Representative: Information regarding the legal representative of the business, if applicable.
- Registration Number: The official registration number of the business as recorded in the relevant business registry.
- Tax Number: The business’s tax identification number.
- Contact Information: Phone number, physical address, and email address of the business.
13.2 Verification Process
Upon receipt of the application, Move Payment will conduct a thorough verification process to ascertain the legitimacy of the business. This process involves:
- Cross-referencing the information provided with the official business registry in Germany to ensure accuracy and legitimacy.
In cases where discrepancies arise between the provided information and the official records, Move Payment may request additional documentation from the applicant to resolve the discrepancies and proceed with the verification process.
13.3 Account Activation
Once the verification process is successfully completed, Move Payment will activate the merchant account, granting the merchant access to Move Payment’s payment processing services. Merchants will receive confirmation of account activation via email.
13.4 Additional Requirements
13.4.1 Age Requirement
In accordance with Move Payment’s policy and applicable legal requirements, only individuals who are 18 years of age or older are eligible to open a merchant account with Move Payment.
13.5 Compliance and Legal Considerations
Move Payment operates in strict compliance with all relevant laws and regulations governing payment processing services. Merchants are expected to adhere to these legal requirements as well as Move Payment’s terms and conditions of service.
13.6 Excluded Businesses
Businesses involved in the following types of activities will be excluded from using Move Payment:
- Activities aimed at circumventing security controls (software, hardware);
- Adult services connected to human trafficking, children exploitation and intermediation of prostitution;
- Arms, defence, military goods;
- Products and services related to atomic power;
- Unlicensed marihuana and other narcotic substances;
- Material that incites violence, hatred, racism;
- Matrix programs or other “get rich quick” schemes or high yield investment programs;
- Piracy or illegal streaming;
- Illegal animals trafficking (exceptions possible like for payments for horse riding, or dog classes);
- Unlicensed and/or illegal gambling services (including without limitation the use of or participation in illegal gambling houses), including (but not limited to) illegal sports betting, casino games, and poker games;
- Unlicensed activities that have to be licensed under the regulation of the country where service is provided.
14. Use of the Platform/Apps
14.1 When a merchant registers for an account through our app/website, they receive a QR code and a Marketing Kit within a reasonable timeframe after we have approved them to use our platform/apps.
14.2 According to our General Terms and Conditions, merchants have the capability to utilize the platform/apps for accepting payments from users as well as for making payments to other merchants.
14.3 When utilizing the platform/apps and our services, merchants must:
- Maintain confidentiality of access details and information.
- Adhere to the General Terms and Conditions.
- Recognize that platform/apps and services are for personal use, specifically for receiving payments for their own products and services.
- Authorize MovePayment to transmit registration information to Fino run GmbH for transaction facilitation.
- Take responsibility for all conducted transactions on the platform/apps.
15. Fees and Payments
15.1 For a period of 14 days after registration approval, merchants can use the platform/apps free of charge.
15.2 The app is free for users.
15.3 The fees for merchants are 1% plus €0.05 for each transaction. These fees are debited via direct debit every 30 days. We generate and dispatch invoices to merchants on the first day of each month and deduct the corresponding merchant fees five days after the invoice date. The payment provider charges a minimum fee of 30 cents for direct debit, which will be included in the invoice.
15.4 We reserve the right to suspend a merchant’s use of the platform/apps and our services if they fail to pay the merchant fees by the due date and remain in default for at least 14 days after receiving a written request to make the payment.
15.5 We reserve the right to change the merchant fee and to charge additional fees for a transaction in the future at our sole and absolute discretion. We will give merchants 14 days’ notice before changing the merchant fee by sending an email to the merchant, informing them through the Merchant App, or in a similar manner.
15.6 Refunds will incur charges identical to those of transactions and will be displayed in the monthly invoice we send to merchants.
16. Refunds
Users must contact merchants if they wish to receive a refund of amounts paid in a transaction. Merchants can initiate partial and full refunds of transactions by selecting the relevant transaction and choosing “Refund” within the Merchant Web Dashboard. A PIS call is initiated to the merchant’s bank, refunding the amounts paid under the relevant transaction.
17. Taxes
The merchant is responsible for calculating, collecting, withholding, reporting, and remitting any taxes due or required to be collected, withheld, paid, or deposited for any reason related to your use of our services to the appropriate tax authorities. MovePayment is in no way liable for this.
18. Use of the Merchant’s Name and Logo
The merchant grants MovePayment a non-exclusive license to use its name and logo on the platform/apps and in MovePayment’s advertising and marketing materials to identify the merchant as a customer of MovePayment.
19. Disclaimer
All information, content, and materials displayed on our platform/apps are for informational purposes only. We do not provide financial or professional advice, and users should not rely solely on information or content from our platform/apps or services as the basis for financial decisions or conducting a transaction.
20. Indemnification
Merchants must indemnify MovePayment for all losses and liabilities, including legal fees, arising from a claim or demand by a third party due to or in connection with the merchant’s breach of (i) these General Terms and Conditions. or (ii) violation of a law or the rights of a third party. We reserve the right to take exclusive control of the defense of a claim covered by this section. If we exercise this right, the merchant will support us in our defense. The merchant’s obligation to indemnify under this section also applies to our subsidiaries, affiliates, officers, directors, employees, agents, and third-party service providers.
21. Changes to Our General Terms and Conditions
21.1 We reserve the right to modify these General Terms and Conditions periodically. In certain circumstances, we may need to make changes without providing prior notice for the following reasons:
- To reflect changes in laws and regulatory requirements applicable to the platform/apps and services when such changes force us to change the General Terms and Conditions in a way that does not allow us to give you reasonable prior notice.
- To address an unforeseen and immediate threat related to protecting MovePayment, users, or merchants from fraud, malware, spam, data breaches, or other cybersecurity risks.
21.2 We may also make other changes to any part of the General Terms and Conditions, and we will give you reasonable prior notice of such changes by email, but we might also inform you by SMS, online notifications, or any other suitable messaging service.
21.3 You are not required to accept changes. You can terminate your agreement with us at any time without explanation or fee by contacting us at contact@movepayment.eu before the change takes effect. You can also terminate your agreement with us at any time after a change, but the change will apply to you until you do so.
21.4 If you continue to use our platform/apps and services after a change, we will assume that you have accepted the change.