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Terms of Use - Private Customer

Version 1.0 - Effective from 20th of October 2020

Introduction

Welcome to Lunar – we are an app that gives our users access to a range of banking services and products. These terms of use apply to the user and customer relationship between Lunar Bank A/S, CVR No. 39 69 76 96, Hack Kampmanns Plads 10, 8000 Aarhus C (referred to as "Lunar", "the bank", "we", or "us") and you as a customer of the bank and user of the app (referred to as “the app").

The terms of use complement the separate customer agreement and general terms and conditions of business, along with other contract documents that apply to the customer relationship between Lunar Bank A/S and you as a customer of the bank.

By accepting and signing these terms of use, you declare that you have read and understood the individual conditions and terms of use. You have been made particularly aware that burdensome terms and conditions apply, including with regard to limiting Lunar's liability to you.

Creation and Approval

After installing the app, as well as approving your application submitted via the app, you are created as a customer of the bank and a user of the Lunar app. Always follow the application procedure in the app; it automatically starts when opening the app for the first time.

As part of the application procedure, you must provide the statutory identification information and the necessary documentation. For this purpose, you must provide your civil registration number, which we use to retrieve your full name and address from the Swedish Civil Registration System and to check the Swedish UC registry. You must disclose the expected scope and purpose of using Lunar as a bank through our app. You must also accept and sign these terms of use via the app as part of the application process.

Lunar Bank approves customers in accordance with applicable regulations in this area. If you are not approved as a customer of the bank, we will not be able to approve you as a user of the app. You will always be notified via SMS or notification via the app whether your application is approved or rejected. Any rejection will always be justified.

The final establishment of the customer and user relationship with us always requires that you agree to a separate customer agreement and accept and, if necessary, sign other relevant agreements and statements, including our general terms and conditions for a private account in Lunar. This is done in the app.

As soon as the relevant agreements and statements are accepted and signed in the app, and your application for a customer relationship with the bank is approved, you can use the app and its various features.

In the app, you always have access to read the terms of use, the general terms and conditions, the customer agreement, and the other agreements, including our price list, etc., applicable in your customer relationship with us.

You must use BankID when you create your user relationship with us, as well as when signing agreements and terms, such as the terms of use and the terms of business. When you use BankID to accept and sign, this is an electronic signature that is fully legally binding.

Once you have been created and approved as a customer of Lunar Bank, you do not have to use BankID, unless you have either entered an incorrect personal password too many times, have deleted the app and need to install it again, or if you need to accept and sign new agreements with the bank or with us.

Right to Withdrawal

You have the right to withdrawal in regards to your contractual relationship with us.

The right to withdrawal period is 14 days. The deadline is calculated from the day you have accepted and signed these terms of use. If the deadline expires on a public holiday, Saturday, Constitution Day, Christmas Eve or New Year's Day, you can wait until the following business day.

You exercise your right to withdrawal your contractual relationship by notifying us before the expiry of the deadline that you wish to withdraw the contractual relationship with us. If you want to notify us in writing, e.g., by letter or email, simply send the notification before the deadline. For example, if you want to prove that you have exercised you right to withdrawal in a timely manner, you can send the letter and save the postal receipt.

The notification that you wish to withdraw the agreement with us must be sent to Lunar Bank A/S, Hack Kampmanns Plads 10, 8000 Aarhus C, email: hello@lunar.app. You can also notify us via the app.

If you wish to withdraw your contractual relationship with us, whereby the terms of use agreed to, and your access to the app lapse, any independent customer agreement and other agreements that you have entered into with us through our app will also lapse.

Access and Use

Your access to our app is personal and may not be used by anyone but you. You cannot give others a power of attorney to use the app on your behalf. Your personal access is linked to your mobile phone number, email, and personal password that you provide and choose when your user relationship with us is established.

You may not disclose or share with others your password for logging on the app. In the event of misuse or suspected misuse of your user access, please notify us immediately. In the event of misuse or suspected misuse, we can at any time block your access to the app.

You are responsible for updating the identification information that you provided to us when you were created as a user. You are also responsible for keeping confidential your password, user information, etc.

In order to maintain a high level of security, as the starting point, you are automatically signed out when you have finished using the app or when you have not been active for a certain number of minutes after opening the app.

In the app, you can select other options for signing out. We also recommend that you always close the app completely when you are finished using it.

If you have any questions about your access to and use of the app, please contact our technical support by phone or email or use the chat feature in the app. The app also includes an FAQ section with the most frequently asked questions about using the app.

Products and Features

Lunar offers access to a wide range of banking services and banking products via the app. In the app, you can see at any time which products are available and the related terms.

Via the app, we also offer a range of services from various third parties. In the app, you can see which services we offer, as well as the associated terms for each service.

The technical features that you can access in the app are also listed in the app. The individual features currently available are detailed in the app.

Prices and Payments

The app and access to the app are free for now. Thus, you do not pay to use the app. You do pay us for the banking services and banking products that we provide to you through our app, according to our price list available via the app or on our website at any time.

Communication

All communication between you and us takes place – as far as possible – via the app. Therefore, you agree that we communicate electronically with you as far as possible, including by SMS, email, or via the app, such as via notifications, push or in-app messages.

All our communication with you will be in English or Swedish. These terms of use and the information provided herein are only made available in English. Our technical support is available by phone, email, and chat feature in the app.

We want to provide you with the best possible experience and service, including keeping you updated about news, recommendations, offers, etc. Our goal is to deliver ads and other commercial content from our business partners and us that is valuable to our users. To do this, you, as a user of the Lunar app, accept that:

  • We may offer you financial and non-financial products and services from our partners and us through the app. This may, for example, be financial banking products or offers regarding non-financial products from other business partners, such as e-commerce websites.
  • We may present ads from our business partners who intend to offer you valuable offers on services, products, and the like through the app.

Also, when you become a user, you will be asked to accept a consent statement via the app, giving your express consent for us to send you marketing materials and to contact you by phone, text message, and email.

This consent may be withdrawn by you at any time in the app.

Security and Operation

It is as secure for you to use Lunar's app as it is secure for you to use regular mobile banks. The app’s security has been approved, taking into account that the security level must meet the general security standard in apps used by Danish financial institutions. All data and data streams are encrypted.

Thus, the same security system requirements apply to our app as to other banks' mobile banks and the like.

We may perform maintenance, changes, or improvements to the app, potentially making the app temporarily unavailable. We will, as far as possible and whenever possible, notify you of such disruptions in advance. We cannot be held liable for such temporary disruptions and temporary inaccessibility.

Liability, Responsibility, and Damages

Lunar is not responsible for and not liable for the services, products, advice, features, solutions, etc., provided by our partners to you through our app. Also, Lunar is not responsible for, nor liable for, the services, products, advice, features, solutions, etc., that our partners otherwise provide to you and which are related to or not related to your user relationship with us.

Furthermore, Lunar cannot be held liable for financial or non-financial loss, including loss of or damage to data, as a result of failure, failure to access or crash of its systems; failure, failure of access, or breakdown of external subcontractors' systems; failure, failure to access or breakdown of our banking systems; or other errors, malfunctions, failures or security failures at us, external subcontractors or third parties.

In all cases, any liability of Lunar to you as a user of our app is limited to cases where we have shown intent or gross negligence. However, any liability does not include any indirect losses of any kind, including operating losses, loss of revenue, loss of profit, loss of or damage to data, loss of goodwill or the like.

Changes, Notice of Termination, and Termination

The user and customer relationship and the information provided by Lunar Bank in these terms of use are valid until further notice. We may change the terms of use without notice when it is for your benefit. Otherwise, changes will be made with one month's notice. Notification of changes to the terms of use will be made through the app and, if necessary, you must accept and sign the amended terms of use through the app.

Lunar may terminate the user and customer relationship with you. Similarly, you can always terminate your user and customer relationship with us.

Your user and customer relationship with us and, thus, your access to our app always automatically ends when these relationships end.

Lunar may always terminate the user relationship with you without notice in the event of your misuse or attempted misuse of our app, account, card or other features of the relationship, in the event of your material breach of the applicable terms of use, or in the event of unacceptable user behaviour.

If you terminate your user and customer relationship with Lunar Bank and, thereby, close your account with us, and subsequently wish to resume the user relationship within 365 days of termination, you agree to pay the costs of having a new card to your new account at the bank issued and shipped to you. We charge this in the same way as a replacement card.

Intellectual Property Rights

You acknowledge that all intellectual property rights, including copyrights, trademarks, designs, etc., associated with the app, our website, our features and services, etc. are the property of Lunar, and that you may not use these intellectual property rights.

Confidentiality

To continuously serve you as a user of our app, we must internally within our group and with our partners be able to exchange information and data about your customer relationship with us. As a user of the Lunar app, you give the required consent to this by approving and signing the terms of use.

To the extent that we receive confidential information, the confidentiality of customer relationships to which we as a bank is subject will apply, so that we may not improperly disclose or exploit the confidential customer information that we have become aware of.

Processing of Personal Data

As a user of our app, Lunar processes personal data about you and your use of the app and our website. By agreeing to these terms of use, you declare that you have read and accepted our separate privacy policy, which provides details of how we process your personal data.

Cookies

Lunar uses cookies for collecting information. We use cookies both when you use our website and when you use our app. By agreeing to these terms of use, you declare that you have read and accepted our separate cookie policy, which provides details of how we use cookies in the app and on our website.

Force Majeure

If unexpected and extraordinary circumstances occur outside your or our control in the form of, for example, strike, lockout, war, boycott, blockade, terror, sabotage, vandalism, including hacking and computer viruses, failure/breakdown of power supply or telecommunications – as well as lack of access to or breakdown of IT systems or data in these systems attributable to such circumstances, whether we, an external supplier, or third party is in charge of the operation of the systems – which you or we should not have taken into account when establishing the contractual relationship, nor should you or we have avoided or overcome all rights and obligations of both you and us under the contractual relationship during the period of the unexpected and extraordinary circumstances shall be suspended.

Neither you nor we can be held liable for such unexpected and extraordinary circumstances and for the economic and non-economic consequences and/or losses associated with these.

Choice of Law and Jurisdiction

These terms of use are subject to Swedish law, and any legal dispute between you and us must be settled in Swedish courts.

Validity and Version

If one or more terms of these terms of use are found to be invalid, illegal, or otherwise unenforceable, the other terms of the terms of use shall continue to apply in full.

This is version 1.0 of the terms of use, and it replaces previous versions and is valid from 20th of October 2020.

Lunar Bank A/S, Hack Kampmanns Plads 10 DK-8000 Aarhus C, CVR nr. 39697696