Terms and Conditions of Use and BCI´s API(s) Service Agreement

• 1.1 "API" means Application Programming Interface (or similar technology) offered by BCI through the API Market that allows our Partners the access and use of API Content and/or Services through your applications.


• 1.2 "API Content" means, the data and information available or accessible through a concrete API according to the terms and conditions established in this document.


• 1.3 "API Services" means the services and/or functionalities accessible or executable through a concrete API according to the terms and conditions established in this document.


• 1.4 "Application" means a website and/or software application (without prejudice to the way in which it has been developed) in property of the Partner and visited or used (or designed with the purpose of being visited and used) by the Partner or any other person or Enterprise (“Final Users”) to access or use the API´s Content/Services.


• 1.5 "API Market" or "Portal" means the website and the material and modes accessible through the URL https://developers.bci.cl or others the Bank disposes of


• 1.6 "API Content/Services" means the API Contents and API Services associated with an API.


• 1.7 "Integrations" means to go live of the API or Functionality, using real data and real operations. The access should be requested by the Partner and this request is subject to a later review, requirements and eventual approval by the Bank of Credits and Investments.


• 1.8 "Marks" are the commercial denominations, marks, logo, logotype, comercial names used by or in relation to the Portal, with the usage of an API and/or a determined Content/Service to identify the products or services of BCI.


• 1.9 "Documentation" means any guide, software development kit and/or API formation help material, security requirements, technical and legal, in the accessible version every moment in the Portal.


• 1.10 "Test Environment'' means web environment for testing and related materials, besides information and resources in the Portal.


• 1.11 "Data in Test Environment" or "data" means data subject to the confidentiality conditions of the site that could be fictitious data, masked, obfuscated, encrypted, only useful for tests during the development of an Application.


• 1.12 "Partner" means any natural person or legal entity that has access to the terms and conditions of the present agreement with the Bank.

• Subject to these terms and conditions, BCI grants the Partner a free, limited, non-exclusive, non-transferable, non-sublicensable and essentially revocable license to access, use the API (s) to develop, test, connect and maintain their Application (License of API).


• 2.2 Likewise, BCI grants identical licence respectively to the Test Environment, Content/Services of API and Dara, to develop, test, connect with, and maintain the access and use of your Applications to the API´s Content/Service in benefit of the Partner.


• 2.3 The Partner acquires only an unlimited right In accordance with the formal agreements herein set out and oblige you to maintain those access safe from any external interference.


• 2.4. The Partner does not acquire any right or licence in relation with the API(s) or its Content/Services that has been acquired to him expressively, the Bank expressly reserves any other rights over the API(s) different from those expressly granted on this Contract.


• 2.5 Every licence acquired by the Bank in the current agreement expires immediately when it terminates.

• 3.1 The Partner will be able to access or use an API and/or its Content/Service identifying himself by the systems of authentication established for that purpose by the Bank.


• 3.2 BCI will be able at any time and at its discretion to condition that access or use any other means of security or authentication different from or additional to the one established by the Bank in the future.


• 3.3 They are confidentials and property of BCI the API and/or its Content/Service (what is included as illustrative but no limited, concerning every industrial or intellectual property rights that may arise from them).


• The Partner will be able to use API and/or its Content/Service only through their own Application.


• 3.5 BCI reserves the right to limit, in any moment, the access to and/or any API and/or its Content/Service because of the criteria or means considered appropriate. The access and the limitations of use could be notified through the Portal, in the communications of access approval or use of API or any other way and could be modified at any moment.

• 4.1 The use of an API and its content/service are covered by security policies and procedures published by the Bank. These policies involves confidential information that can be unilaterally modified by the Bank at any time.

The Partner will be able to freely use the API(s) and/or its Content/Service, that BCI offers through the Portal for the creation of applications or eventual developments capable of being integrated to the Bank. The Bank reserves the right to accept or reject the integration of the applications created under these environments and those that are presented to their consideration.

• 5.1 When an API and / or the API Content / Service is accessed or used under this Agreement, the Partner, and / or its Applications will not be able to: Modify, hide, avoid or disable any element of any API and / or API Content or Service or its access and security devices; Interrupt or interfere with or negatively impact, in any way, the access or use of an API and / or Content / API Service; Disclose, share, transfer your, or allow access to your Portal account to any third party, except when expressly authorized in this Contract; Infringe, abuse or make statements that detract from our intellectual property; Transmit or introduce viruses, worms, Trojans or any other malicious or harmful software through your Application or your access and use of an API and / or API Content / Service Use an API and / or API Content / Service, in all or in part, with the purpose of serving as a factor for the request and / or award of a credit, job or insurance or for any other transaction initiated by a consumer as defined in the consumer legislation that is of application; Use them in connection with an Application that is, facilitates or promotes illegal activities or any other activity that is considered out of the Bank's policies, in our sole discretion; Use robots, bots, spiders, "scrapping" applications or massive data extraction or any other automatic functionality to extract or index all or part of our data, products or services for any use or purpose not expressly authorized; Modify, change or alter a Content / API Service (or its appearance) to provide Content / API Services that are misleading, abusive, false or misleading. If the API Content / Service includes hyperlinks to the BCI website, the Application must include them in full and unaltered, for the proper monitoring of the Application's activity. As soon as possible and at the request of BCI, the Partner will provide access to its Application, documentation, information, employees and / or subcontracted third parties, may not prevent or restrict BCI from accessing, using or displaying its APIs or the API Content / Service, of in any way, for any purpose, with any Final User, in any known or subsequently known Application or medium.


• 5.2 The Partner agrees not to: Reverse engineer, reverse, decompile, decrypt, de-obfuscate, unmask or disassemble in whole or in part any API, API Content / Service, the Test Environment, any data from the test environment or any; Distribute, disclose, publish, promote, sell, rent, use, sublicense, export or assign to third parties, any to whom you have had access under this Agreement, except when expressly authorized; or Declare, guarantee or induce third parties to estimate real, simulated transactions carried out using an API, an API Content / Service, the Test Environment, or the Data from the test environment.


• 5.3 BCI may make captures of any data transmitted on the Portal or its APIs, it may also analyze, store and use any tool that serves to monitor, collect, extract, add, archive, reveal or analyze any data or information obtained from its access and / or from any third party to an API or API Content / Service.


• 5.4 The Bank has the property right over any auxiliary information or metadata obtained from or related to the APIs or its Content / Service or data transmitted on the Portal, including, but not limited to, popularity rankings among users (the "Metadata").

• 6.1 The Partner is the only responsible for providing technical assistance or maintenance on its Applications.


• 6.2 The Partner will correct with the greatest possible diligence any failure or incident in its Application that is the source of difficulties in accessing the API or the API Services Content.


• 6.3 BCI does not offer or guarantee availability in the operation of the Test Environment, the Data, any API and / or API Content / Services, or their suitability for specific purposes of the Partner. The bank does not guarantee that the information provided is free of errors nor does it grant or declare any type of guarantee, suitability for use or availability of future updates, this must be studied and evaluated by the Partner.


• 6.4 Modifications to the APIs and / or the API Content / Services will be communicated via email to the address that the Partner has indicated to us at the time of registration in the Portal and / or later through the Portal. Within ten (10) days after any Modification (or in a shorter period if it had been specified in the communication of the Modification), you must comply with the requirements of the Modification, using the latest available version of the API and making the changes. pertinent in your Application / s that are necessary as a result of the Modification/s.


• 6.5 BCI does not assume any type of responsibility derived from the use of the or any Modification or the unfavorable effects that for a Partner or third parties may derive from it.

Scrupulously comply with the applicable legislation, especially with regard to obtaining consent and all processing of personal data, the Partner guarantees that all personal data delivered to the Bank is real and legitimate, with the necessary consents and authorizations to do so. Create and publish, and ensure the accuracy, quality, integrity, legality, trust, completeness and relevance of the information that you publish on your website and / or your Application. Ensure that all the data that you or your Application provide is authentic, real and serves to carry out a valid transaction. Ensure the accuracy, quality, integrity, legality, trust, completeness and adequacy of the data that you and / or your Application provide us under this Contract, including but not limited to the data that you provide us with about you, your Application and / or use of the Content / API Service. Use and disclose the API Content / Service in accordance with the Documentation and with any agreement between you and a third party, either a natural or legal person, including any restriction or requirement established for you by the person or entity that stores your application. Use and / or expose Content / API Service on or within your application in a way that does not infringe, violate or misappropriate the rights of any third party (person or entity), including copyrights, trademarks, privacy, publicity, or any intellectual property rights or proprietary rights. Comply with any applicable regulations, including, but not limited to, consumer protection, intellectual property, personal data protection, among others. Carry out the technical operations of your Application, and assume the damages that arise from any acts or omissions carried out by your Final Users in the same terms that you assume them under this Contract.

• 8.1 The Partner knows and accepts that the Token/s, OPT/s and the information of the Portal and the API/s, the Content / API Service and the Data of the test environment that we deliver to him is confidential information that belongs to the Bank (the Confidential Information) and this may not be communicated to third parties without prior consent.


• 8.2 The Partner agrees to keep Confidential Information strictly secret and reserved, observing the utmost care and discretion for this purpose, so that Confidential or classified Information is not revealed, published or disclosed. The Partner agrees to use the information only for the purposes referred to in this agreement and undertakes not to deliver and / or disclose it to any natural or legal person, in whole or in part, without the prior written consent of the Bank. "Disclosure" of the information shall be understood as the circumstance of making it known to third parties other than those authorized to learn and use the Confidential Information for the purpose of the agreement. Among the third parties that are not allowed to disclose the information will be the spouse, relatives and people related to those people who have become aware of the Confidential Information on the occasion of the contract entered into by the parties. Knowledge of the information to which a third party may have access, either orally, in writing, or by any other means, either by providing the information directly or allowing it to impose itself on it, either by leaving it within their reach, will be considered "disclosure". or allowing you to have access to it, as a result of a deliberate act or due to negligent or carelessness of the Partner, any of its employees, dependents, consultants or subcontractors.


• 8.3 The Partner will have the obligation to destroy any copy of the confidential information in its possession and / or that of its subcontractors or agents, within the fifth day of the request by the Bank and if required to certify said destruction.


• 8.4 Partner's confidentiality obligations under this Agreement will survive termination or expiration of the Agreement.


• 8.5 Finally, if the Partner requests the integration of their application with BCI, we will keep in our possession all the information that they have given us, to evaluate and study their access request.

• 9.1 Every part agrees, with the exception of the licenses specifically granted under this Agreement, not to acquire or claim rights, titles or interests in the information, data, tools, processes or methods of the other party, or in the copyrights, trademarks, service marks, commercial secrets, patents, or other forms of intellectual or intangible property of the other party under licenses granted or materials delivered in accordance with this Agreement. Neither party shall use trademarks, service marks, commercial names, or product names of the other party outside of what is explicitly set forth in this Agreement.


• 9.2 The partner preserves the intellectual property of its Application.


• 9.3 Brands, labels, badges or logos that appear on the Portal and / or the APIs are property of BCI and have been registered. The names of the products and services and of the companies that appear on the Portal and / or APIs may be trademarks or logos registered by their respective owners. The partner and / or its Application may not eliminate or under any circumstances modify the trademarks or logos or the legends indicated by their registration or ownership in the APIs or on the Portal.


• 9.4 BCI grants to the partner a limited, revocable, non-transferable, non-sublicensable, non-exclusive and free license to include their respective marks in their application for the sole purpose of identifying the source of the API Content / Service. You must strictly follow the rules and recommendations for an appropriate use of the BCI Marks, included in the Portal or that have been delivered to you in any other way and their future updates. Partner will use the BCI Marks: (i) in its Application, in conjunction with any API and API Content / Service; (ii) in a way that does not disparage or harm BCI; (iii) prior approval, subject to the criteria of each BCI Corporation Entity; and (iv) for the sole and exclusive benefit of BCI. You may not use the BCI Marks for any other purpose not authorized in this Agreement.

BCI offers the APIs and the API Content / Service "as is". The Partner uses the APIs and the API Content / Service by his own decision and at his own discretion and risk, being solely responsible for any damages that may arise for him or third parties from such use, including but not limited to , damage to your computer systems or any loss of data, arising from the use of the APIs or the Content / Service APIs.

• 11.1 This agreement will take effect once the partner accepts it and will be of indefinite duration, until one of the parties notifies the other of its desire to terminate it.


• 11.2 BCI could suspend the access to the APIs or its Content/Service or terminate this agreement at any moment and for any reason. In particular, we may do so when (i) we have suspicions or evidence that your application or other third parties have accessed an API or API Content / Service that we have not authorized; (ii) breach or threat of breach of any obligation contained in the agreement; (iii) when it is advisable or necessary to comply with current legislation or regulations; or (iv) The Partner does not access the Sandbox or does not work in the Sandbox for a period of six (6) months.


• 11.3 When this agreement ends the partner should end the use of the APIs immediately and irreversibly eliminate any API and all Content / API service that is under its possession or control in no more than two days after.

The partner can advertise the use of the APIs in accordance with the provisions of this Agreement, but may not expressly or implicitly declare or communicate that it has established any type of partnership or collaboration or preferential relationship with BCI. The partner may not use the Marks without prior and express authorization or make any kind of statement or even suggest that the access to or use of an API or the API Content / Service exceeds the licenses and rights we have granted to you. In addition, you may not declare or communicate that your access and use of the APIs or the API Content / Service exceeds the level of integration that an API supposes and that implies that we are granting third parties rights or guarantees that could bind us against them. The use of an API does not imply a generalized integration with BCI or access to information from our clients.

• 13.1 This contract does not require the establishment of a corporate society, collaboration agreement, franchise, fiduciary agency, labor or joint venture or of any other type between the parts. Neither party has the authority to bind the other or to contract on its behalf or assume any responsibility that corresponds to the other party in the fulfillment of its obligations or exercise of the rights derived from this Agreement.


• 13.2 Communications will be sent to the email address that the Partner indicates when registering on the Portal. The Partner is solely responsible for keeping his email address up to date and active, and must indicate any change in it at all times, as well as reading any message he receives from BCI as soon as possible. You authorize us to keep a copy of any electronic or telephone communication derived from your use of the APIs, the Api Content/Service and the use of the Portal and / or as a result of the same..


• 13.3 Communications to BCI must be sent to email address: [email protected] or to which the Bank may indicate in the future.


• 13.4 The invalidity, nullity or supervening illegality of a particular clause of this Agreement will not affect the validity of any of the others or of the entire Agreement, unless due to its gravity and nature it is impossible to continue with it. The Parties are committed to make their best efforts to persevere in this Agreement and to correct any defects. Additionally, the Parties agree that the delay or lack of effort, in whole or in part, of the rights or prerogatives that are conferred by this Agreement, will not mean a waiver, total or partial, to full exercise, at any time during the term of this Agreement, of its rights or prerogatives, reserving the inactive part the power to exercise it when it deems it convenient.


• 13.5 This agreement constitutes a full, complete and written contract, which expresses the full agreement of the parties with respect to the matter in question. Any modification, supplement or rectification, must be made in writing and approved by the parties.


• 13.6 The partner may not assign any of the rights or obligations derived from this Agreement without the prior written consent of BCI. BCI may assign this Agreement, by communication by email or through its publication on the Portal.


• 13.7 This agreement does not authorize or constitute an authorization to export all or part of the software that BCI makes available to the Partner.


• 13.8 The Parties establish their address in the city and commune of Santiago and for all the effects that may arise. The applicable legislation will be that of the Republic of Chile..






 
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