Policy

END USER LICENSE AGREEMENT

1. General terms

1.1.    The End User License Agreement (“Agreement”) is made by and between you and the Bank. The Agreement regulates the relationship between you and the Bank regarding Your use of the Application provided by the Bank.

1.2.    For the purposes of this Agreement, the following terms and definitions have the following meanings:

1.2.1.      Bank – Open Joint Stock Company "Yelo Bank", AZ   , 78K, Hasanbek Zardabi Street, Baku, Azerbaijan, acting on the basis of the legislation of the Republic of Azerbaijan and its Charter;;

1.2.2.      User or You - an individual or legal entity registered in the Application;

1.2.3.      Yelo mobile application - an Application allowing you to manage accounts and perform various banking operations online without visiting the Bank;

1.2.4.      Application - “Yelo” mobile application, all ownership and intellectual property rights, including object and source text codes of which belong to the Bank;

1.3.    This Agreement applies to the relationship between you and the Bank if you start or continue to use the Application.

1.4.    This Agreement is a public offer.

2. Registration with the Application

2.1.    By downloading the Application via mobile devices, as well as using other electronic means, the User can register in the Application and create an electronic cabinet under the procedure established by the Bank.

2.2.    When registering with a payment card, the User can use only its own payment card issued by the Bank in the Republic of Azerbaijan.

2.3.    The Bank will grant you a non-exclusive license to use the Application on a mobile device or another electronic device that you own, control or use under this Agreement. The term of this license will start from the date of your registration with the Application and continue under the terms specified by this Agreement.

3. Using the Application, obtaining permission to access

3.1.    The User can perform transfers, online payments, management of bank accounts and payment cards, creation of virtual bank cards, internet banking, as well as other banking operations provided by the Bank via the Application. In order to perform operations, the Bank may request the following access permits from you:

Access permits for camera, location and other functions

We may request access to your mobile device`s bluetooth, location, keyguard, phone state, system alert window, calendar, camera, contacts, microphone, push notifications, sensors, SMS messages, social media accounts, external storage, and other functions.

Links to other websites

This service may contain links to other websites. If you click on a third-party link, you will be redirected to that Website. Please note that these external websites are not managed by us. Therefore, we strongly recommend reviewing the privacy policies of the respective websites. We have no control over the content, privacy rules or applications of third party websites or services, and we, as the Bank, are not responsible for any related incidents.

Marketing communication and interaction with other users

We may share your data (for marketing purposes) with third parties with your consent, as permitted by law. You can cancel your consent at any time. If you interact with other users of the Application, those users may see your name, profile picture, your sending invitations to other users, chatting with other users, liking posts and your other activities, including blogging.

3.2.    In order to optimize and facilitate the use of the Application, we can offer you an option of using your fingerprint or other personal biometric data.

3.3.    We can change the purpose and number of access permits listed above, as well as require access to this or other data in order to hold various competitions, prize campaigns, contests and surveys. If you want to change your access permit, you can do it from the settings of your mobile device. If you change the settings, in case suspend (cancel) the access permit, you may lose the opportunity to use the services provided by the Bank.

4. User rights and responsibilities

4.1.     The User shall:

4.1.1.   take all possible measures to prevent the loss, theft or loss of ownership in any form of the User`s mobile device and/or SIM-card, as well as its illegal use by third parties;

4.1.2.   in case of loss or theft of ownership in any form of the User`s mobile device and/or SIM-card, as well as illegal use by third parties, the User must immediately contact the local structural unit of the Bank or (+99412) 981; fax: (+99412) 497-33-79; email: [email protected]; website: www.yelo.az;

4.1.3.   use mobile banking services under the laws of the Republic of Azerbaijan, this Agreement, as well as the regulations (requirements) established and/or to be established by the Bank;

4.1.4.   acknowledge the right of the Bank to unilaterally amend this Agreement and/or mobile banking policy. The date of posting the changes in mobile banking, as well as in the personal cabinet in the Application shall be considerd to be the day of its acknowledgement by the User.

4.2.     The User is entitled to:

4.2.1.    perform operations using the Application;

4.2.2.    In case of any requests or objections to any transaction made via the Application, contact the the local structural unit of the Bank or (+99412) 981; fax: (+99412) 497-33-79; email: [email protected]; website: www.yelo.az . The request or objection may be filed within 45 days from the date of the relevant transaction. Requests or objections addressed to the Bank after the deadline will not be considered or responded.

5. Legal force of documents and transactions

5.1.    Electronic documents approved during performance of transactions via the Application have the equal legal force as the relevant documents approved by the User`s personal signature in hard copy, and   approval   of   transactions   via   the   Application   shall   be   considered   an   analogue   of   the   User`s signature and has the equal legal force as their personal signature.

5.2.    Performance of appropriate actions (approvals), use of fingerprints or other personal biometric data by the User for the purpose of making transactions, as well as obtaining access permits for transactions shall be considered an analogue of the User`s personal signature and has the equal legal force as their personal signature.

5.3.    The User acknowledges that the electronic documents approved during transactions made via the Application are considered evidence in resolving disputes.

6. Confirmations and representations

6.1.    The User confirms and represents that the data entered during registration with or use of the Application is complete and correct, as well as all data belongs to them personally. The User is responsible for the risks that may arise regarding the incorrect entry of details, amounts or other data, as well as the use of data that does not belong to them by the User during the transactions made via the Application.

6.2.    The User shall take measures to ensure the confidentiality, security, as well as non-disclosure of personal identification data during transactions made via the Application. The Bank will take measures to ensure the security of data exchange, however the Bank shall not be responsible for any damage (loss) caused to the User or third parties regarding the use of such data by third parties for reasons beyond the Bank`s control.

6.3.    The Bank is not responsible for any damage caused to the User as a result of loss, theft or loss of ownership in any form of its mobile device and/or SIM-card, illegal use by third parties. In this case, the User is responsible for the damage caused to the Bank or third parties.

6.4.    The User is responsible for all risks that may arise while performing operations and/or signing documents via Internet/mobile banking. Therefore, the User shall be aware of the terms and tariffs before performing all the operations and shall approve the operation only after all the terms are clear to them.

6.5.    The User may not use the Application for illegal, degrading, inappropriate or threatening purposes, use of prohibited (restricted) goods and services, as well as payments for sports betting and gambling. The   User   is   responsible   for   such   transactions   and   their   consequences.   If   the   Bank   detects   such transactions,   it   may   block   the   transactions   made   via   the   Application,   suspend   the   use   of   the Application, as well as impose certain limits or restrictions depending on the type and amount of transactions.

6.6.    You agree to the installation of any security updates or patches on the Application, if available or necessary.

6.7.    The User is responsible for all claims, damages and/or costs arising from:

(i) use of the Application in breach of laws or internal regulations; (ii) the Bank`s reliance on the information provided by the User;

(iii) violation of the provisions of this Agreement, as well as the intellectual property or other rights of third parties.

6.8.    Depending on the nature of the Bank`s business relationship with the User and in case the Bank detects the User`s suspicious transactions in terms of money laundering or terrorist financing, the Bank may block transactions made via the Application, as well as impose certain limits or restrictions depending on the type and amount of transactions.

6.9.    The Bank provides both banking services and related documents (including documents confirming the fulfillment of obligations, references, statements, etc.) in exchange for the appropriate service fee or commission under its tariff rates. You confirm that you have read the Bank`s tariff rates and will continue to do so on the Bank`s official website (7 www.yelo.az ). Tariff rates (tariffs) of the Bank may be changed unilaterally by the Bank.

7. Warranty Terms

7.1.    The Bank or any software provider (mobile phone provider or any intermediary providing the download of the Application) is not responsible or liable to you regarding the software, nor does it provide any technical or support services for the Application.

7.2.    The services available in the Application are provided by the Bank.

7.3.    Your mobile service provider may charge you (including roaming charges) for the use of the Application. The Bank is not responsible for these payments.

7.4.    You   shall   not   use   the   Application   on   a   modified   device   or   operating   system   beyond   the configurations supported or guaranteed by the mobile device or operating system vendor. Here includes “jail-broken” or “rooted” devices as well.

7.5.    The   quality   or   expediency   of   using   the   Application   is   ensured   without   any   confirmation, representation, warranty, guarantee or agreement. The Bank does not warrant that access to the Application will be unimpeded, that there will be no delays or problems.

7.6.    The Bank does not warrant that no viruses or other dangerous, destructive features will be transmitted or that your mobile device will not be damaged while using the Application. You are responsible for taking appropriate measures to ensure proper protection, as well as data backup, testing of equipment and computer viruses or other destructive features.

8. Intellectual property rights

8.1.     “Yelo” and “Yelo Bank” are trademarks of the Bank. The rights to these trademarks and all other related marks belong to the Bank. The User may not use or reproduce the Bank`s trademarks, logos or brand names for personal, organizational or any commercial purposes.

8.2.     Claims of the User or a third party regarding the use of the Application, including infringement of intellectual property rights of third parties, claims for liability for the product, as well as claims for compliance   with   legal   or   regulatory   requirements   and   protection   of   the   User`s   rights   shall   be addressed to the Bank.

8.3.     All copyrights, including pages, images, data and materials received by the Application, as well as the object and source text codes of the Application or any part thereof, belong to or are licensed to the Bank.

8.4.     The User shall not:

(i) copy or reproduce the Application in whole or in part; (ii) reverse engineer, change, modify or adapt the Application or any part thereof;

(iii) convert the object codes of the Application or any part thereof into primary text codes or advanced programming languages;

(iv) assimilate the object codes of the Application or any part thereof;

(v) issue or interfere with any copyright notice within or related to the Application (all ownership belongs to the Bank).

9. Signing, amendment and termination of the agreement

9.1.    This Agreement shall enter into force and remain valid for an indefinite period of time upon its signing by the Parties personally or approval by the User with another analogue of the personal signature (facsimile of the signature, SMS, click, select the appropriate field, fill in the details, etc.) using the Bank`s technological tools. The provision on the procedure for signing the Agreement shall apply to   both   the   documents   signed   at   the   time   of   conclusion   of   this   Agreement   and   other   related documents (deals) to be signed under this Agreement or via the Application in the future. The Bank may unilaterally amend or terminate this Agreement at any time.

9.2.    The Bank may notify you of the amendment to the Agreement via the Application. In this case, you may terminate the Agreement by deleting your the Application account (registration) before the amendment enters into force. If you do not delete your account and/or continue to make transactions via the Application after the expiration of the relevant notification term, the Bank will consider that you have accepted the amendment and the relevant amendment will take effect automatically.

9.3.    The Bank may terminate this Agreement immediately if:

(i) the User has grossly or consistently violated the provisions of this Agreement;

(ii) it has detected suspicious transactions of the User in terms of money laundering or terrorist financing or has reasonable doubts about it;

(iii) it has reasonable doubts about the use of the Application by third parties;

(iv) your mobile device or operating system does not support the Application, or it is returned by your mobile device operating system manufacturer, any software application provider or other intermediary;

(v) the Bank assumes that the continued performance of this Agreement bears a risk of the breach of applicable law, judicial award or other responsibilities, or that the Bank will be subject to sanctions or prohibitions by the relevant public authorities (bodies); (vi) the User does not have the right to download the Application or the right to download/use the Application is restricted;

9.4.    Considering the nature of the circumstances specified in paragraph 9s.3 of this Agreement, the Bank may notify the User by SMS, e-mail, etc. of the termination of this Agreement.

9.5.    Even if you delete the Application on your mobile device, you can log in your private cabinet by re-downloading the Application in the future. You shall visit the Bank to cancel your registration. The Bank may provide this service to you via the Application in the future. If the registration is canceled by you, this Agreement shall be deemed terminated in case you have no obligations to the Bank under this Agreement.

9.6.    In case of termination of this Agreement or the license provided to you under this Agreement for whatsoever   reason,   all   rights   granted   to   you   under   this   Agreement   may   be   terminated   and, accordingly, your registration may be canceled.

10. Privacy Policy

10.1.    We know that you are interested in how the User`s personal and financial data is managed. The terms and conditions of the online banking services provided by the Bank may include provisions regarding the Bank`s collecting, processing and sharing the data about you and others (e.g. the people you pay or receive payments from). Any such provisions will also apply to the data collected and processed during your use of the Application (in this case, the term “You” also refers to the User, as well as third parties using the Application based on the User data). Without restricting these provisions, we, as a Bank, take appropriate measures to protect the confidentiality of all the data provided by you (including personal data). However, the Bank is not responsible for any damage (loss) caused to the User or third parties regarding the use of this data by you or third parties through the fault of you or third parties.

10.2.    We understand that the fingerprints and other biometric personal data of the customers are personal data of a special category. Therefore, we take measures to protect the confidentiality of personal data collected, stored and processed (including archived personal data), prevent data leaks, and handle any possible incidents and data leaks.

10.3.    We will use the confidential data of the customers to the extent permitted by law to provide them with high quality banking services and products. We may transfer the data to other credit institutions, subsidiaries, service providers or agents. In this case, we will ensure that those are required to apply the appropriate confidentiality and security standards.

10.4.    We will disclose the data to the relevant executive powers or judicial authorities only in cases and to the extent permitted or required by law.

10.5.    We collect personal data of users for the following purposes:

(i) to use the features provided by registering with the Application; (ii) to expand the range of products offered via the Application;

(iii) to measure the efficiency and effectiveness of the services provided by the Bank, to make market research;

(iv) to increase customer satisfaction by learning the statistics of users` activities in the Application application.

12.6. Without restricting the above, we may disclose and transfer the data to all internal and external agents, subsidiaries and affiliates (including subcontractors) authorized to act on behalf of the Bank for the following purposes:

(i) to improve the quality and quantity of banking services provided to the User; (ii) to develop our relationship with the User, determine the identity;

(iii) to detect and prevent crimes and cyber attacks;

(iv) to meet the requests or requirements of judicial or executive authorities, including the Bank.

10.7.    By using the Application, you will be deemed to agree to the disclosure, processing, storage and transfer of the data as described above.

10.8.    By signing this Agreement, you hereby acknowledge and declare that the Bank may collect and process your personal data, submit any negative and positive information to the credit bureau(s) for the compilation of your credit history, or obtain relevant information from the credit bureau.

10-1. Data collection and use

10-1.1. Category and purpose of the data collected when you use the mobile application:

10-1.1.1. Mobile number - for the execution of relevant banking operations on your device (devices), the bank has the right to access your contacts, in addition, your mobile number is used to enter the mobile application, send a one-time password (OTP) for identification of money transfers and other transactions.

10-1.1.2. Contacts - it is the right of the bank to access your contacts available on your device (devices) and to collect, process, systematize, transmit and process information related to your contacts in other forms. Your contacts will be continuously synchronized with the Bank's servers (uploaded to the bank's servers). Bank uses this right to provide you with banking services (transfer of funds to your own contacts, etc.).

10-1.1.3. Image information - Our application may collect user images for various purposes, such as profile pictures or content submission. Please be aware that any images submitted to our platform may be stored on our servers for future use. However, we do not share these images with third parties; they are only used for internal purposes, such as improving our services and user experience.

10-1.2. The norms mentioned in Article 10-1 are part of the Privacy Policy under this Agreement.

11. Cookie Policy

11.1.      The   Application   may   use   cookies,   web   beacons   and   other   similar   technologies   to   store information. These files are used to facilitate the use and / or to improve the quality of the Application's services (including security), as well as for advertising purposes.

11.2.      Any information received by the Application from the User, as well as the placement of cookies on the User's browser is carried out through notification and with the consent of the User.   By continuing to use the Application, the User gives his permission to the Application to store cookies on the User's browser.

11.3.      The Application uses cookies and similar technologies that remain on the User's device during the activity of the User's browser and cookies, as well as other similar technologies that remain on the User's device for a longer period. The User has the right to block, delete or disable such cookies and similar technologies, if the User's device allows it.

11.3.1.    Cookies - in computer terminology, a concept used to describe information in the form of text or binary data received from the Application, which is stored by the User, that is, on the browser, and then sent to the Application if the User visits it again. Thus, the Application marks the User's browser when visiting. Cookies facilitate the use of the Application by recording the data necessary for logging into the system and collecting statistics. Cookies do not contain personal data.

11.3.2.    Web beacons are small graphical images (also known as "dot markers" or "Web beacons") that can be included in the Application, as well as its services, applications, messaging, and tools that usually work in conjunction with cookies, to define the User.

11.3.3.    Similar technologies are technologies that store information in a browser or device, using local shared objects or local storage, such as "flash cookies", "HTML 5 cookies", and other methods of web

software applications. These technologies can work in all browsers of the User, and in some cases they cannot be fully controlled by the browser and may require control directly through the applications or devices installed by the User.

11.4.     The Bank takes all security measures to prevent unauthorized access to cookies and similar technologies. The user undertakes to take similar security measures. The Bank guarantees that only the Bank and / or the authorized service providers of the Application have access to these cookies.

11.5.     Application Service Providers are companies that help with various aspects of the Application. The Bank uses some authorized service providers to provide the User with the relevant services of the Application, as well as other purposes related directly to the activities of the Application. These service providers may also place cookies on the User's device through the services of the Application (third party cookies). They may also collect other information such as IP address or other identifiers.

11.6.     Any information that the Application collects and stores through the use of the technologies indicated above is used with the consent of the User.

11.7.     The User can manage cookies in the browser or device settings. To refuse the collection and storage of information, it is necessary to check the box in the "Do not save cookies" item in the browser settings, and also click on the "Clear cookies" button.

11.8.     Information of a technical nature contained in the system, for example, ip-addresses, is used by the   Application   to   maintain   network   equipment,   as   well   as   to   summarize   statistical   and   other information.

11.9.     The Application saves the data of the last access of the User to the system, in order to ensure the high quality of the services provided, adapted to the individual needs and interests of the User.

12. Miscellaneous

12.1.   You agree to the terms and conditions of this Agreement, as well as the Privacy Policy and Cookie Policy.

12.2.   If it is determined that any paragraph of this Agreement (including its Annexes) is partially or completely invalid or contrary to the law, the invalid paragraph or its invalid part shall be deemed to have been removed from this Agreement and shall not invalidate other paragraphs of thereof.

12.3.   All kinds of notices, notifications and other documents of the parties shall be sent to each other via the Application, as well as by SMS to the mobile numbers, registered letter, e-mail, telegram or fax to the addresses specified in this Agreement or subsequently provided. Notices sent to those addresses shall be deemed to have been delivered to the Parties and they may not refer to the failure to receive the documents sent. A party with a change in its legal or postal address(es), mobile number or other details shall immediately notify the other party, otherwise the documents sent to the last known address will be deemed to be delivered to the addressee.

12.4.   The Bank may transfer all or part of the rights under this Agreement to any other party. The User may transfer the rights and responsibilities obtained under this Agreement to any other person only with the written consent of the Bank.

12.5.    You confirm that you are familiar with the texts of the Standard Terms of Provision of Banking Services (for individuals) and the Code of Conditions for the Provision of Banking Services (to regulate banking services provided to legal entities and individual entrepreneurs) provided by the Bank and posted on its official website, and in further, when using the corresponding function, as well as when making payments, the terms of the contract specified in this clause will be taken as the basis.

13. Applicable law

13.1. All claims related to or arising out of this Agreement, its violation or civil tort shall be regulated by the laws of the Republic of Azerbaijan.

13. Agreement

The Client hereby agrees that for the purpose of ordering a loan or opening a current account and etc., the data determined by the ASAN Finance system (in case the entrepreneur is an individual, identity card and TIN, in case the entrepreneur is a legal entity, TIN) can be transferred to the Bank and the agreement herein is valid for 10 (ten) years.

The agreement herein can be terminated early at the written request of the client. The storage period of information received by the Bank on the basis of the agreement herein coincides with the period of the usage of the corresponding service, and after the termination of the service, the information will be canceled in accordance with the law”.