BBVA Mobile - License to use
License to use the software application "BBVA Mobile"
General information
GENERAL CONDITIONS OF USE OF THE APPLICATION
1. Purpose of the Application and acceptance of the Conditions
These conditions of use (hereinafter referred to as the "Conditions") govern the terms and conditions for the installation (download) and use of the computer application called "BBVA MOBILE" (hereinafter referred to as the "Application" or the "Software") by the user (natural person who accepts these conditions and hereinafter referred to as the "User") on his/her smartphone (hereinafter referred to as the "Device").
The access and the use of the Application assumes the knowledge and acceptance of these Conditions and, once it has been signed with the Bank, a contract that governs the terms and conditions of use on the part of the User of BBVA's remote banking services (herein, the "Remote banking services agreement").
The Application, once installed by the User, allows the access and the use on the part of the User to some telematic functionalities of BBVA's remote banking services (hereinafter, the "Remote banking services"). Notwithstanding what is stated in the following paragraph, the conditions of use of the Remote banking services through the Application are defined in the Remote banking services agreement.
The access and the use of the Remote banking services through the Application are conditioned by the User accepting the Remote banking services agreement and by their use of their authentication credentials (PIN) for access, carrying out of transactions or taking out products and services under this contract.
With the exception of the cases considered in point 3.2.1. infra, the total or partial reproduction of the Application and/or of its functionalities or contents available in the Application is not allowed without prior authorization of BBVA.
2. Installation of the Application
The Application will be downloaded from the store that the company distributing the applications (hereinafter referred to as the "Distributor") has set up specifically for this purpose.
Once the Application is installed, the User should select the "BBVA MOBILE" icon on the Device to access the Application, these Conditions being shown immediately on the Device to be read in their entirety by the User. Once read, the User should confirm their acceptance of the Conditions, by clicking on the "ACCEPT" button, subsequently being able to access the telematic functionalities of the Remote banking services which BBVA put at their disposal.
Notwithstanding the contents of point 3.4. infra, the procedures defined in this point 2. of the Conditions are fulfilled only at the moment the Application is installed. Once the Application is installed, the telematic functionalities of the Remote banking services available through the Application are accessed and used with authentication credentials (PIN) used by the User in accordance with the Remote banking service agreement.
2.1 Conditions for installing (downloading) the App from the corresponding store and using it on the Distributor's corresponding Device
Acceptance of these conditions for installation (download) from the relevant application store and use on the Devices of the corresponding Distributor shall be deemed to have taken place when the User accepts these Conditions.
Nevertheless, this contract is agreed exclusively between the User and BBVA, and not with the Distributor.
The Distributor will not be responsible for the Software or its content. If the contents of this section 2.1. of the Conditions were more restrictive than, or conflicted with, the conditions of use established in the relevant store, the latter shall apply.
The license granted in the terms of these Conditions is limited to a non-transferable license to use the Application on a Device owned by or under the control of the User and never, under any circumstances, in the terms authorized by the Distributor in the conditions of use established in the respective store.
BBVA - not the Distributor - is the only party responsible for the provision of maintenance and support services in connection with the Application, in accordance with these Conditions or with whatever may be applicable under law.
BBVA - not the Distributor - is the only party responsible for the processing and follow-up of any complaints that the User or third parties present in connection with the Application, including, but not limited to, complaints regarding:
(I) defects of the Application;
(ii) fulfillment of the applicable regulations and/or, in particular, the legislation on the protection of consumer rights.
In the event of any third-party complaints for violation of intellectual property rights on the Application and/or their use by the User, BBVA, and not the Distributor, will be the only party responsible for the processing, follow-up and resolution of such complaints.
BBVA and the User recognize that the Distributor and their subsidiary companies are third party beneficiaries with regard to these Conditions, so, as a result of the acceptance of these Conditions by the User, the Distributor will have the right to demand the fulfillment of these Conditions, whether before the User or before any third party beneficiary of these Conditions.
3. Terms of the software license agreement
3.1. The installation (download) of the Application and/or of its functionalities, as well as of any that are made available in the future, are (and will be) free of charge. Nevertheless, the Bank reserves the right, in the future, to be able to charge the User a fee for the service given, informing the User of this decision in advance and by the means that, at that date, are legally established.
The installation and use of the Application assumes the use of the internet and, in mobile networks, can involve the consumption of bandwidth, whose costs will be assumed by the User according to the tariff contracted with their operator.
Independently of the installation (download) of the Application, BBVA will continue to have the right to receive the fees and expenses which are duly established at each moment for the use of each one of the functionalities of the Remote banking services available through the Application, in accordance with the General BBVA Price List in force and which the User can access at www.bbva.pt.
3.2. Through this Tool, BBVA grants the User - who accepts - a free license of use of the Application, property of the Bank, this license being personal and non-transferable, limited and not exclusive which, as a result of the User's acceptance of these Conditions, is placed at their disposal via a process of telematic transfer in order to directly access the homepage from which they will be able to access the Remote banking services available through the Application.
3.2.1. The user license referred to in 3.2. includes the total or partial reproduction of the Software exclusively for use, download, execution and display on a Device.
3.2.2. The use of the Software is restricted to the ends described above, so its use for any other purpose is expressly forbidden and will be considered an infringement of the legal provisions which protect the intellectual property rights, BBVA being able to consequently demand the responsibility of the offender for the infringement of this condition, in the terms of the applicable provisions. In the same way, the manipulation, total or partial, of the Software by the User or third parties is expressly forbidden.
3.2.3. In addition to the above, the Application, with all the elements that it is made up of (texts, images, brands, logos, audio files, software, color schemes), as well as the structure, selection and order of its contents are protected by the legal provisions that govern the intellectual property (industrial property, copyrights and connected rights), meaning that it can not be sold, reproduced, distributed, modified, publicly communication, transformed or diffused in any other way without the express authorization of BBVA or, when applicable and/or different to BBVA, of the respective owner.
Access to the Application does not confer any right to the User relating to the intellectual property of the contents offered by the Application.
BBVA reserves the right to use all means legally available against anyone who violates or infringes its intellectual property rights.
3.2.4. The User is responsible for ensuring that the Software is compatible with their Device, meaning that they assume full responsibility for any damages that the use of the Software, including the installation, may cause in the Device.
3.2.5. It is an obligation of the User to have Devices adapted for the purposes and means of communication foreseen in these Conditions, as well as to accept the consumption arising from the use of the data network, the User being responsible for its acquisition/acquirement, as well as the costs inherent to the above-mentioned use. It is the User's sole responsibility to check before installing (download), the functionalities of the Software and their appropriateness for the needs of the User and the respective compatibility with the operating system of their Device.
3.2.6. BBVA does not confer any type of guarantee on the Software offered. Each of the parties will be responsible to the other for any damage resulting from the violation of the obligations assumed under this contract. None of the parties will be responsible to the other in the event of non-compliance of these same obligations because of unforeseeable circumstances or force majeure. In no case will BBVA be responsible for losses or damages of any nature resulting from the access and use of the Application, including, but not limited to, those in the computer or operating systems produced by a virus and/or cyber attacks. BBVA will also not be responsible for any damage that the User may suffer as a result of improper use of the Application, nor as a result of any telecommunications outage, interruption, error or failure.
Consequently, BBVA will only take responsibility for the reasonable disservices justifiably caused to the User if the non-compliance, modification, deficiency, suspension, unavailability or cancellation of the Application is due to causes attributable to BBVA.
Likewise, BBVA does not confer any type of guarantee, nor does it assume any responsibility if the User has received the Application from any company that is not BBVA, a fact that would constitute a serious infraction of the Bank's intellectual property rights.
3.2.7. BBVA reserves the right to make alterations and/or improvements in the Application at any time and without prior notice, which will be exclusive property of BBVA.
3.3. The information supplied by BBVA through the Application relating to the new products sold by the Bank must be considered by the User as divulged by the Bank for information purposes, and should not be considered by the User as a determining factor for formulating their decision, the Bank consequently declining any responsibility for the use of such information in any sense other than that expressed here. Moreover, the information provided by BBVA, through the Application, governed by the current regulations in Portugal, is not intended for Users whose personal law demands the different rules to be met with regard to the presentation, availability, disclosure, marketing or advertising of financial services and products.
BBVA is not responsible for the accuracy, completeness or up-to-dateness of the information that has not been prepared by it or that indicates the respective source, nor for the content of other internet sites, websites or applications made available by hyperlink or link to the User from the Application as alternative sources of information, which will be governed by the terms and conditions of use that are required for this purpose by the owners of such internet sites, websites or applications, and BBVA does not accept any liability for any damages that may arise from the use of said information. Under no circumstances will the above hyperlinks be considered as a recommendation, sponsorship, marketing or distribution on the part of BBVA of information, products and/or services, or, in general, of contents owned by third parties, offered by them or in anyway divulged by them.
BBVA is not responsible for any discrepancy which, whether a one-off or temporary, may arise between the paper version and the electronic versions of the same information published in the Application.
3.4. BBVA reserves the right to modify, in its entirety or partially, in whole or in part, these conditions, as well as introduce new ones, forcing the Bank to provide, in the application, as referred to in section 3.10. infra, a minimum of eight days in advance, an example of the new conditions applicable or of the alterations made. The new conditions will be exhibited in the Device via the Application, to be read in their entirety by the User, who should click the button “ACCEPT” after installing the update, selecting the icon "BBVA MOBILE" to do so. Once they accept the new conditions, and only after accepting them, the User can access the functionalities of the Application.
3.4.1. BBVA still reserves the right to update, modify or delete information contained in the Application, being able to even limit or deny access to that information without prior notice. In particular, BBVA reserves the right to delete, restrict or prevent access to its Application when resolving technical hitches arising or resulting from events or circumstances beyond the control of BBVA, which, in the Bank's opinion, can reduce or remove the security rules adopted for the proper operation of the Application.
3.5. These Conditions come into force from the moment they are accepted by the User in accordance with point 2 above.
3.5.1. BBVA or the User will have the right to report in writing these Conditions, observing advance notice of a month before the date when they wish the report to take effect, the Application user license being considered cancelled with effect from that same date.
3.5.2. The User will also be able to reject these Conditions at any time, by uninstalling the Software from the Device, without the need to communicate this to BBVA.
3.6. The Application gathers statistical information via the storage of information on the User's Device. This information, which consists of date and time, type of device errors, location and record, does not identify in any way or is susceptible to identify the User personally. That is, it is completely anonymous.
The information/data collected will be used by the Bank to acquire more knowledge about the activities of the Users of the Application, with the aim of improving and increasing the effectiveness of its online presence.
For the gathering of that information/data for statistical processing by BBVA, the "Web Services" are used; that means that the Application sends such information/data to BBVA's server. BBVA will not associate that information/data with a specific user or use it for marketing purposes in future communications, but will only use it for added statistical analysis and for the general improvement of the service.
3.7. In all operations carried out by the User within the scope of the Remote Banking Services available in the Application, the User will be allowed to send a notification by SMS and/or email address to a contact that is registered in the Device or to any other contact that the User enters, without this entailing any data storage by the Application or BBVA.
3.8. The personal data collected under protection and for the execution of these Conditions will be entered into the automated computer file of BBVA, with BBVA being authorized from this moment on to link this information with any other information that has been or may later be offered in virtue of the opening of accounts or of the agreement of any other contract.
3.8.1. The Bank is, from this moment on, authorized to interconnect the personal data collected under protection and for executing the Conditions with other related companies, as well as with other companies that provide them services – which will be subject to maintaining secrecy in legal terms – with the sole aim of ensuring the proper fulfillment of the contracts agreed with the User and of including them in any loyalty or publicity programs that may be established.
3.8.2. The User is given the right to access their permanent personal details in BBVA's database, as well as to request their update / rectification in the legal terms.
3.8.3. According to the current legislation, BBVA ensures absolute confidentiality in all and any relationship with the User.
3.8.4. By downloading the Application, the User accepts that the Application may interact with other features of his/her device, specifically the SMS service, data storage, location services, contacts and the camera, and for the personal data that may therefore be accessed, the regulations established in 3.8 to 3.8.3 above will apply.
3.9. The User guarantees BBVA that: i), their address is not in any of the countries embargoed by the USA or considered by the USA as a sponsor of terrorism, and
(ii) they do not belong to any list of companies forbidden in the United States.
3.10. The updated version of these Conditions can be always found at ##1##https://www.bbva.ptpessoas/banca-online/app-mobile/licenca-de-uso.html##1##.
4. Specific terms and conditions of use of certain devices
4.1.Specific conditions for devices that allow geographical location:
Certain Devices will allow the User access a system of locating the closest BBVA Branches to the place where the User is, pointing out its location, as well as the way to get to the place and the Branch's contact telephone number.
If the user's Device has this functionality available, the Device itself defines the User's geographical position, either automatically (via the Device's built-in GPS) or manually (via the GSM network to which it is allocated), and based on this location, the Application will provide a list of BBVA Branches within a given geographical space, ordering them from the shortest to the longest distance. The User, upon selecting any of the indicated Branches, will know its address and the contact telephone number, as well as the route to follow in order to arrive at the location.
To access the localization system to which this section refers, the User must have previously accepted the terms and conditions of the geographical location service. This acceptance by the User will be considered done when they accept these Conditions in the terms outlined in point 2 above.
4.1.1. Conditions of the geographical location service:
The User agrees to use the service exclusively for lawful, appropriate purposes and in accordance with these Conditions, as well as in accordance with the conditions of use determined by each geo-localisation software provider on their respective websites. As examples, but not limited to these examples, when the User uses this service, they must:
- - Not defame, abuse, harass, chase, threaten or violate any right of others, such as the right to privacy,
- To not upload, publish, email, transmit or make available to other users any inappropriate, defamatory, infringing, obscene or illegal content,
- Not upload, publish, send by e-mail or provide in any other way content that breaches any patent, trademark, copyrights, trade secrets or other third-party property rights, except if the User is the owner of the rights of the content offered or is authorized by its respective owner to do so,
- To not upload, publish, email or otherwise disseminate messages that promote pyramid schemes, chain letters or unsolicited advertising (spam), or any other action prohibited by law, these Conditions or applicable policies or guidelines,
- To not download data/files published by third parties that the User knows, or about which there are reasonable reasons to know, that can not be legally distributed/accessed in such a way,
- To not impersonate any other person or entity, or falsify or delete any author attributions, legal notices or any other notice or designation of authorship, as well as labels stating the origin or source of the software or other material,
- Not restrict or prevent any other User from using the services of the geographical location service suppliers,
- Not use the services of the geographical location service suppliers for any illegal or unauthorized end,
- Not delete notices of copyrights, trademarks or other ownership included in the services of the geographical location service suppliers,
- Not interfere with the services or servers or networks of the geographical location service suppliers connected with the services of the geographical location service suppliers, or interrupt, or ignore any requirement, procedure, policy or regulation of networks connected with the services of both companies,
- Not use any robot, web crawler, search and/or web page recovery tools or any other device for recovering or indexing any of the services of the geographical location service suppliers or to recover information about the users, with the intention of using it for unauthorized ends,
- Not send content that falsely expresses or insinuates that it is sponsored or supported by the geographical location service suppliers,
- Not create user accounts by automated means or under false or fraudulent pretexts,
- Not promote nor supply instructions on illegal activities, nor encourage material or physical damages to individuals or groups, nor,
- To transmit viruses, worms, malware or trojans, as well as others of a destructive nature.
4.2.Specific Conditions for devices that allow for contact with "BBVA Helpline":
If the Device allows the "BBVA Helpline" to be contacted, the Application, once installed by the User, will allow the User to contact the BBVA Customer Service Center through the option "BBVA Helpline". If the User selects the button "BBVA Helpline" in the Application, a phone call will automatically be made to the "BBVA Helpline", through whichever mobile telecommunications operator the User has.
The User will assume the costs of connection and of any calls that they make, based on whatever tariff they have with their operator.
5.Notifications
All communications and notifications that the Bank carries out in virtue of these Conditions will be sent to the User's place of residence that appears in their files or to the email address the User provides to BBVA in the context of some services mentioned in the Remote Banking Service Agreement.
6. Reference
Where they do not go against these Conditions, the contents of the Remote Banking Service Agreement is applied.
7.Final dispositions, applicable law and jurisdiction
7.1. The User recognizes the acceptance of the Bank's obligation to provide information to the public authorities responsible for inspection and monitoring, and to the judicial authorities, as well as the need to fulfill the orders that these entities give them in the exercise of their responsibilities.
7.2. Notwithstanding the possibility of the User being able to file complaints together with the monitoring company, the Bank has a system of collecting and processing customer complaints.
7.3. These Conditions are subject to Portuguese law. To solve any question arising from these clauses, the competent judicial districts will be those of Lisbon, Porto, and of the User's place of residence in Portugal, expressly renouncing any other.