Terms of Use

1.1 Technology provider only

KinPay provides an online software platform to help private parties (for example, friends and family) document, track, and manage their own loan or payment arrangements, including optional reminders, basic accounting entries and selected integrations with third-party payment services.

1.2 KinPay is not a financial institution

KinPay is not:

• a lender, borrower, or co-borrower
• a loan servicer or collection agency
• an escrow agent, trustee or fiduciary
• a money transmitter, payment institution, or payment processor
• a credit institution, investment firm, or financial adviser
• a law firm or legal documentation company.

1.3 No participation in your agreements

Any loan agreements, repayment schedules, acknowledgements of debt, guarantees or other arrangements created, stored or managed via the Platform (collectively, "User Agreements") are solely between the Users involved. KinPay is not a party to any User Agreement and assumes no responsibility for its validity, enforceability, performance or non-performance.

1.4 No guarantee of payment

KinPay does not guarantee that any borrower will repay any amount, that any payment will be processed successfully, or that any User Agreement will be complied with. Users remain solely responsible for managing their loans, payments and any follow-up in case of late or missing payments.

In these Terms, capitalised terms have the following meanings:

• Account – your registered user account on the Platform.
• User – any natural or legal person who has created an Account or otherwise uses the Platform, including lenders, borrowers and their representatives.
• User Agreement – any underlying agreement, including but not limited to loans, acknowledgements of debt, repayment plans, guarantees or similar arrangements, that Users record or manage via the Platform.
• Content – all information, documents, data, messages, templates or other material uploaded to, generated on, or transmitted through the Platform by Users or on their behalf.
• Payment Services – any third-party payment processing, direct debit, card, bank transfer or similar service integrated with or accessed through the Platform.
• Payment Processor – any third-party payment service provider (such as an ACH processor, SEPA payment institution, open banking provider or card acquirer) that executes payment orders initiated via the Platform.
• Privacy Policy – KinPay's then-current privacy notice governing personal data processing in connection with the Platform.

3.1 Eligibility

To use the Platform you must:

• be at least 18 years old (or the age of legal capacity in your jurisdiction), and
• have the full legal capacity to enter into binding agreements, and
• not be prohibited from using similar services under any applicable law or sanction regime.

3.2 Account information

You agree to provide true, accurate, current and complete information when creating and maintaining your Account, including your contact details and any information reasonably required for identity verification and risk/compliance checks.

3.3 Account security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must notify KinPay without undue delay of any actual or suspected unauthorised use of your Account or any other security breach.

3.4 Representatives

Where you act on behalf of another person or entity (for example, as a parent, legal representative or business signatory), you represent and warrant that you are duly authorised to do so and that the represented person or entity is bound by your actions on the Platform.

4.1 Permitted use

You may use the Platform solely for lawful purposes and in accordance with these Terms, including to:

• create, edit and store User Agreements
• record loan terms and transactions
• track balances, due dates and payments
• send or receive reminders and notifications
• connect to supported Payment Services, where available.

4.2 Prohibited conduct

You must not, and must not attempt to:

• use the Platform for any unlawful, fraudulent, misleading or abusive purpose
• enter false, incomplete or misleading information about yourself or other Users
• impersonate any person or misrepresent your affiliation with any person or entity
• use the Platform to market or conduct regulated financial services, unless you have all necessary licences and approvals
• interfere with or disrupt the Platform's security, integrity or performance, including by hacking, introducing malware or attempting unauthorised access
• reverse engineer, decompile or attempt to derive source code from the Platform except to the extent such restriction is prohibited by mandatory law.

4.3 Compliance with law

You are solely responsible for ensuring that your use of the Platform, your User Agreements and your handling of payments, interest, collateral, guarantees and any customer or counterparty data comply with all applicable laws and regulations (including consumer protection, AML/CTF, sanctions, tax, data protection, financial services and usury rules).

5.1 No legal advice

KinPay is not a law firm and does not provide legal advice. Any templates, default clauses, explanations or guidance made available on the Platform are provided for general informational purposes only and do not constitute legal, tax or financial advice.

5.2 Responsibility for content and terms

You are solely responsible for:

• drafting, reviewing and agreeing the terms of your User Agreements
• verifying the legal enforceability, validity and suitability of such agreements in the relevant jurisdiction
• obtaining independent legal, tax, and other professional advice as needed.

5.3 Execution and signatures

The Platform may support electronic execution of certain User Agreements. You acknowledge that the legal effect of electronic signatures can vary by jurisdiction, and you are responsible for ensuring that the chosen method of execution is valid and sufficient for your purposes.

5.4 No monitoring or enforcement

KinPay does not monitor, audit or enforce the contents or performance of User Agreements and assumes no responsibility for any disputes between Users.

6.1 Personal data

KinPay processes personal data in accordance with its Privacy Policy and applicable data protection laws (including, where applicable, the GDPR). By using the Platform, you acknowledge and agree to such processing.

6.2 Your obligations as controller

With respect to personal data relating to other Users, borrowers, lenders or third parties that you input into the Platform, you act as an independent controller or similar role under applicable law. You are responsible for ensuring that you have a lawful basis for processing such data and for providing any required notices or consents.

6.3 Confidentiality

KinPay will take reasonable technical and organisational measures to safeguard personal data and confidential information against unauthorised access, loss or alteration. However, no system is completely secure, and you acknowledge that transmission of data over the internet is at your own risk.

7.1 Third-party Payment Processors

KinPay may from time to time integrate with one or more third-party Payment Processors, such as ACH processors, SEPA payment institutions, account-to-account providers or card acquirers. All payment initiation, direct debits, credits, settlements and related services are performed by the relevant Payment Processor and/or its partner banks, not by KinPay.

7.2 Separate terms for Payment Services

Your use of any payment functionality made available through the Platform is subject to the applicable Payment Processor's terms and conditions, privacy notice and fee schedule. By linking a bank account, card or other payment method and submitting payment instructions via the Platform, you:

• authorise KinPay to transmit your payment instructions and necessary data to the Payment Processor, and
• authorise the Payment Processor and its partner bank(s) to debit and credit your accounts in accordance with those instructions and the Payment Processor's terms.

7.3 Settlement Accounts and holding of funds

Funds representing executed debits may be credited to one or more settlement or clearing accounts held by or for the Payment Processor at its partner bank(s) (each a "Settlement Account") before being onward transferred to the intended payee. You acknowledge and agree that:

• such funds are at no time held in a bank account owned or controlled by KinPay, and
• KinPay does not act as a custodian, escrow agent or trustee of those funds.

7.4 Verification and limits

Payment Processors and banks may require you to complete identity and bank account verification (including KYC, AML/CTF and sanctions screening) and may impose transaction or volume limits, hold periods or other risk controls. You agree to provide timely, accurate and complete information requested for such purposes.

7.5 Returns, reversals and chargebacks

If a debit transaction is returned, reversed or charged back for any reason (including without limitation insufficient funds, account closure, unauthorised transaction claims, disputes, or technical errors), the relevant Payment Processor and/or its bank may reverse the corresponding credit and debit your account or the Settlement Account accordingly. You authorise such reversals and acknowledge that KinPay has no obligation to re-attempt failed debits unless explicitly provided in the Platform.

7.6 Error resolution and refunds

Any rights you may have in relation to unauthorised or incorrectly executed payment transactions (including time limits for raising claims and maximum liability) are governed by applicable payment services legislation (such as Regulation E / UCC 4A for ACH, or PSD2/SEPA rules for EEA) and the relevant Payment Processor's terms.

7.7 No liability for Payment Processors

To the maximum extent permitted by law, KinPay is not liable for any act or omission of any Payment Processor, bank or clearing system, including any delays, failures, reversals or errors in processing payments.

8.1 KinPay IP

The Platform and all associated software, technology, design, text, graphics, logos and trade marks are owned by or licensed to KinPay and protected by intellectual property laws.

8.2 Limited licence

Subject to your compliance with these Terms, KinPay grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to access and use the Platform for your own internal, lawful purposes.

8.3 User content

You retain any rights you have to your Content. You grant KinPay a non-exclusive, worldwide, royalty-free licence to host, use, reproduce and display such Content solely to operate, maintain and improve the Platform and to provide support.

9.1 No warranty

The Platform is provided on an "as is" and "as available" basis, without any warranties of any kind, whether express, implied or statutory. To the maximum extent permitted by law, KinPay disclaims all implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.

9.2 No guarantee of legal or tax outcomes

KinPay does not warrant that any templates, calculations, schedules or other features will be accurate, complete, up-to-date or suitable for your specific circumstances or jurisdiction. You are solely responsible for verifying figures, interest calculations, amortisation schedules and tax consequences.

9.3 No responsibility for third-party services

KinPay is not responsible for any acts, omissions, terms, policies or performance of third-party Payment Services, banks, credit bureaus, identity verification services or other third parties.

10.1 Limitation of liability

To the maximum extent permitted by applicable law and subject to any mandatory consumer rights:

• KinPay shall not be liable for any indirect, incidental, special, consequential, punitive or exemplary damages (including loss of profits, loss of goodwill, loss of data, or business interruption) arising out of or in connection with the Platform or these Terms, even if advised of the possibility of such damages.
• KinPay's aggregate liability to you for all claims arising out of or relating to the Platform or these Terms shall be limited to the greater of (i) the total fees you paid to KinPay for access to the Platform in the 12 months preceding the event giving rise to the claim, or (ii) EUR 100.

10.2 Your indemnity

You agree to indemnify, defend and hold harmless KinPay, its affiliates, and their respective directors, officers, employees and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

• your use of the Platform or Payment Services
• your breach of these Terms or applicable law
• your User Agreements or disputes between you and any other User or third party
• your Content or any information you provide via the Platform.

11.1 Term

These Terms apply from the earlier of your first use of the Platform or creation of an Account and continue until terminated in accordance with this Section.

11.2 Termination by you

You may terminate your Account at any time through the Platform (where available) or by contacting KinPay support. Termination does not affect any existing User Agreements or obligations between you and other Users.

11.3 Suspension and termination by KinPay

KinPay may, at its discretion and without liability, suspend or terminate your Account or access to the Platform, with or without notice, if:

• you breach these Terms or any applicable law
• we are required to do so by law, a regulator, court order or competent authority
• we reasonably suspect fraud, misuse, or security issues
• we cease to offer the Platform or a particular feature.

11.4 Effect of termination

Upon termination, your right to use the Platform ceases immediately, but sections which by their nature should survive will continue to apply, including those on intellectual property, disclaimers, limitation of liability, indemnity and governing law. KinPay may retain and/or anonymise data as required or permitted by law and in line with our Privacy Policy.

12.1 Platform changes

KinPay may modify, update, suspend or discontinue parts or all of the Platform at any time, temporarily or permanently.

12.2 Changes to Terms

We may amend these Terms from time to time. Where required by law, we will give you advance notice (e.g., via email or in-app notification) and indicate the effective date. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

13.1 Governing law

Unless mandatory consumer protection laws provide otherwise, these Terms and any non-contractual obligations arising out of or in connection with them shall be governed by and construed in accordance with the laws of Norway.

13.2 Venue / courts

Subject to any mandatory provisions of applicable law, any dispute arising out of or in connection with these Terms or the Platform shall be submitted to the exclusive (or, if required, non-exclusive) jurisdiction of the courts of Kristiansand, Norway.

13.3 Amicable resolution

Before commencing formal proceedings, the parties shall use reasonable efforts to resolve the dispute amicably, including by contacting KinPay support.

14.1 No partnership

Nothing in these Terms creates any partnership, joint venture, agency, fiduciary or employment relationship between you and KinPay.

14.2 Assignment

You may not assign or transfer your rights or obligations under these Terms without KinPay's prior written consent. KinPay may assign or transfer these Terms, in whole or in part, to any affiliate or successor in connection with a merger, acquisition, corporate reorganisation or sale of assets.

14.3 Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect.

14.4 Entire agreement

These Terms, together with the Privacy Policy and any additional terms referenced in the Platform, constitute the entire agreement between you and KinPay regarding the use of the Platform and supersede all prior or contemporaneous understandings.

14.5 Waiver

Failure or delay by KinPay to exercise any right or remedy under these Terms shall not constitute a waiver of such right or remedy.