Minimum Terms

Last Updated: June 6, 2025

Finicity may display customer’s name, marks, and services (including logo) within Finicity’s user consent and disclosure platform currently called “Finicity Connect” and share the name, marks, and services of customer to data providers (e.g., financial institutions) (“Provider(s)”) to identify customer as a recipient of Finicity’s open banking platform (described in more detail at finicity.com/open-banking) (the “Open Banking Platform”), including as that Open Banking Platform and related data and services may be accessible via their integration with products or services provided by third parties (e.g., Open Banking Platform resellers, distributors, or other integrators).
Customer consents to data providers (and their authorized technology service providers) display of customer’s name, marks, and services (including logo) within their user authentication and consent management platforms.
Customer will fulfill their obligations in accordance with all applicable law, including the Foreign Corrupt Practices Act, the UK Bribery Act, and all other applicable anti-corruption and anti-bribery laws. In connection with customer’s use of Open Banking Platform and cross-border transfer of any related technology, customer will comply with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, and will not export or re-export any material provided by or on behalf of Finicity. Customer will not engage in any activities related to these Minimum Terms of Use for Open Banking Platform Customers (“Terms”) or the Open Banking Platform with an individual or entity who is identified on a list maintained by the U.S. Treasury Department’s Office of Foreign Assets Control of specially designated nationals and blocked persons subject to financial sanctions. Such a list is currently accessible at: www.treasury.gov/ofac.
Customer represents and warrants that the documents, information, responses, and materials provided in connection with Finicity’s onboarding of customer for the Open Banking Platform or otherwise in connection with the Open Banking Platform are true and accurate in all material respects. Customer agrees that Finicity may provide such information to data providers.
Customer shall: (a) use commercially reasonable efforts to prevent unauthorized access to or use of the Open Banking Platform, including any technology provided by or on behalf of Finicity in connection with the Open Banking Platform. (“Finicity Technology”), and (b) notify the party from which customer obtained the right to access and use the Open Banking Platform (e.g., the applicable reseller) promptly of any such unauthorized access or use.
Except as otherwise explicitly provided in these Terms or as may be expressly required by applicable law, Customer and individuals access and using the Open Banking Platform as a result of Customer shall (a) use the Finicity Technology only pursuant to these Terms; (b) not attempt to gain unauthorized access to the Finicity Technology or their related systems or networks; (c) not access and/or engage in any use of the Finicity Technology in a manner that abuses or materially disrupts Finicity’s networks, security systems, and/or websites; (d) not interfere with or disrupt the integrity or performance of the Finicity Technology or third-party data contained therein; (e) not access or use the Finicity Technology in any manner or for any purpose that infringes, misappropriates or otherwise violates any intellectual property right or other right of any third party; (f) not access or use the Finicity Technology for purposes of competitive analysis of the Finicity Technology, the development, provision or use of a competing software service or product or any other purpose that is to Finicity’s detriment or commercial disadvantage, except as explicitly permitted by Finicity in writing; (g) not use the Finicity Technology for fraudulent purposes or otherwise in violation of applicable law; (h) except for individuals saving their own credentials via the features and functionalities of the Open Banking Platform, not retain, save or otherwise maintain any credentials or other personal information that could be used to access such individual’s financial information and other data; and (i) not use any “screen scraping” process(es) to obtain data directly or indirectly from any of Provider from which Finicity obtains data on behalf of an individual through the use of that individual’s credentials with that Provider (and not APIs or data feeds provided by or on behalf of Finicity as part of the Finicity Technology). If customer becomes aware of any actual or threatened activity prohibited by this Section 6, customer shall immediately: (x) take all reasonable and lawful measures within their respective control that are necessary to stop the activity or threatened activity and to mitigate its effects (including, where applicable, by discontinuing and preventing any unauthorized access to the Finicity Technology); and (y) notify Finicity of any such actual or threatened activity.
Except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, customer will promptly inform the party from which customer obtained the right to access and use the Open Banking Platform, in each case in writing if any competent authority, regulator or public authority of with jurisdiction over customer requests disclosure of, or information about, the information that is processed in connection with the Open Banking Platform. Customer will, without limiting its rights under applicable law, cooperate with Finicity as reasonably necessary to comply with any direction or ruling made by such authorities.
Except to the extent prohibited by applicable law or law enforcement requirements, customer will inform the party from which the customer obtained the right to access and use the Open Banking Platform in writing of any Information Security Incident within 48 hours of its discovery. For purposes of this provision: (i) “discovery” means the first day the Information Security Incident is known to have occurred by any employee, officer or agent of the impacted party. Such notice will summarize in reasonable detail the effect on the other party, if known, of the Information Security Incident and the corrective action taken or to be taken. The applicable party will promptly take all necessary corrective actions, and will cooperate fully with the other in all reasonable and lawful efforts to mitigate the effects such Information Security Incident. “Information Security Incident” means any actual or suspected unauthorized processing, loss, use, disclosure, acquisition of, or access to any data processed via the Open Banking Platform.
Notwithstanding anything contained herein or otherwise, except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, customer must obtain the approval of Finicity prior to the publication or communication of any filings, communications, notices, press releases or reports related to any Information Security Incident that expressly mentions Finicity or its Affiliates.
Customer will comply with all applicable law, including privacy and data protection laws and laws relating in any way to the confidentiality of personal information, including applicable laws regulating banking secrecy and outsourcing requirements, to the extent applicable to its business or the Open Banking Platform received under its agreement with party under which customer obtained the right to access and use the Open Banking Platform.
Customer will develop, maintain and implement a comprehensive written information security program that: (a) complies with the requirements of Section 10 above; (b) includes, without limitation, technical, physical, and administrative/organizational safeguards designed to (x) ensure the security and confidentiality of personal information; (y) protect against any anticipated threats or hazards to the security and integrity of personal information; and (z) protect against any Information Security Incident; and (c) include, without limitation, regular testing or otherwise monitoring of the effectiveness of each party’s information safeguards. Without limiting the foregoing, such safeguards will be no less protective than those set forth at argyle.com/legal/security/security-measures.
Customer shall comply ensure at all times to comply with all applicable laws related to its use of the Open Banking Platform. Without limitation, but only where applicable, customer shall comply with the federal Fair Credit Reporting Act, 15 U.S.C. §1681 et seq. (“FCRA”), and any applicable analogous state law, as well as all applicable regulations and administrative requirements thereunder. Customer acknowledges that use of the Open Banking Platform or data obtained or processed using the Open Banking Platform may be subject to the FCRA or analogous state laws. If customer uses or provides any aspect of the Open Banking Platform (including data obtained or processed using the Open Banking Platform) that are not labeled as for FCRA use or authorized by Finicity for use in accordance with the FCRA, or obtains through Open Banking Platform data that is not subject to the FCRA, customer shall not use such aspect of the Open Banking Platform or data for an FCRA-related purpose. Finicity may from time-to-time request additional information from customer regarding its use of the Open Banking Platform and/or compliance with the FCRA, and customer agrees to reasonably cooperate with any such requests. Such requests may include, but not be limited to, the examination of customer’s policies and/or procedures for: (a) confirming and documenting “permissible purpose” for FCRA-scoped services, including due diligence efforts conducted for such confirmation; (b) verifying the identity of end users for FCRA-scoped services; and (c) processing and resolving FCRA reinvestigations of consumer disputes.
If customer obtains the Open Banking Platform (including data obtained or processed using the Open Banking Platform) as the user of a “consumer report” as defined in the FCRA, customer shall use Open Banking Platform solely in connection with the FCRA Permissible Purposes set forth in its agreement with party under which customer obtained the right to access and use the Open Banking Platform, and for no other purpose. Customer acknowledges that it has received notice of legal obligations of users of consumer reports through the following hyperlink: https://www.finicity.com/federal-fair-credit-reporting-act/. Finicity is providing the Open Banking Platform only as requested by and with the explicit consent of the applicable individual.
Customer shall not use or disclose data retrieved via the Open Banking Platform or any individual’s credentials with a Provider for any purpose that is not expressly permitted under these Terms. Without limiting the foregoing, customer shall not sell, license, transfer, or otherwise disclose the data retrieved via the Open Banking Platform or any individual’s credentials with a Provider to any other party.
Customer shall not allow an individual to access or use the consumer-facing features and functionalities of the Open Banking Platform unless such individual has: (a) agreed to the terms and conditions presented through the consumer-facing surfaces of the Open Banking Platform; (b) provided explicit consent to Finicity to be legally bound by those terms and conditions; and (c) provided explicit consent to customer and/or its representatives consenting to customer’s specific business purpose for the use of the data retrieved by the Open Banking Platform.
Unless prohibited by applicable law, customer will not permit any person to have access to Finicity Technology or data retrieved via the Open Banking Platform when such person has been convicted of a crime or has agreed to or entered into a pretrial diversion or similar program with: (a) a dishonest act or a breach of trust, as set forth in Section 19 of the Federal Deposit Insurance Act; or (b) a felony.
Customer will only use, store, host, or process data retrieved via the Open Banking Platform within the United States. Notwithstanding the foregoing, customer may allow read-only access to such data subject to these Terms’ confidentiality and security requirements.
Customer will maintain customary insurance with industry standard limits and terms, at its own expense, to cover potential losses and liabilities which may arise in connection with or in any way related to its performance of obligations as described in these Terms and promptly provide evidence of such insurance if requested by Finicity or the party from which customer obtained the right to access and use the Open Banking Platform.
Customer shall maintain all necessary documentation to evidence its compliance with these Terms and applicable law in connection with its use of the Open Banking Platform for a period of six (6) years after the expiration or termination of these Terms, or for such longer period as otherwise may be required by applicable law. Customer shall provide Finicity and the party from which customer obtained the right to access and use the Open Banking Platform with access to such documentation upon request. Finicity or its authorized representative may, on reasonable notice no more than once every year, audit (a) customer’s activities related to its use of the Open Banking Platform; and (b) customer’s products and services and the use of such products and services that utilizes Finicity Technology, for compliance with applicable law and these Terms.