General

Welcome to the Digital Edge Developer Portal, which is provided to you by Digital Edge Bank. After successful registration, the Digital Edge Developer Portal gives you the opportunity to create an application, view documentation and other relevant materials, obtain credentials, and request accompanying support. Subsequently, ING may in its discretion grant your application access to certain Application Programming Interfaces (“APIs”) and the testing environment (“Sandbox”), which contains dummy data.

Your access to and use of the Digital Edge Developer Portal, including the Sandbox and APIs, are subject to the following Terms of Use (“Terms”). Additional terms and registration requirements may apply to specific APIs, which can be found in its overview section on the Digital Edge Developer Portal.

Please note that these Terms do not apply in relation to the APIs for payment initiation services and account information services as defined in Directive (EU) 2015/2366, which are (to be) offered by ING through the Digital Edge Developer Portal to payment service providers allowed under applicable law to provide such services.

By accessing and using the Digital Edge Developer Portal, you acknowledge that you have read, understand, accept and agree to be bound by these Terms. If you register on the Digital Edge Developer Portal on behalf of a legal entity, you represent and acknowledge that you are authorised to legally bind that entity to these Terms.

Access to the Digital Edge Developer Portal

To access and use certain parts and functionalities of the Digital Edge Developer Portal, including the Sandbox and APIs, you must first register on developer.ing.com. To be able to register, you must have a GitHub account. When using your GitHub account to register, your GitHub login credentials are not stored by ING. You must keep these login credentials secret and take any measure that can reasonably be expected to ensure their security. ING may in its discretion approve or reject your application for registration without providing any reasons. You must ensure that any information you provide in connection with your registration is correct and complete. You are responsible to keep such information up to date and accurate throughout the duration of your registration.

Use of the Digital Edge Developer Portal and Sandbox

You are responsible for all activities that occur when you use the Digital Edge Developer Portal, including the Sandbox and APIs. You must comply with and act in accordance with all instructions, documentation and system, software and other requirements as stated on and/or made available by ING in connection with the Digital Edge Developer Portal, including the Sandbox and APIs. You must comply with all legal requirements and refrain from creating content that is unlawful or otherwise objectionable, or that may harm ING’s reputation or the integrity of the financial system. You shall not:

• Modify, copy, distribute, transmit, display, publish, lease, sell, license, create derivative works from or use any content on the Digital Edge Developer Portal for any other purpose than using the Digital Edge Developer Portal in accordance with these Terms
• Engage in activities which hinder or prevent others from using the Digital Edge Developer Portal;
• Damage or otherwise negatively affect the operation and security of, or attempt unauthorised access to ING’s services or systems
• Decompile, reconstruct or reverse engineer any software, code or test data on the Digital Edge Developer Portal or introduce any viruses on the Digital Edge Developer Portal.

Intellectual property rights

The Digital Edge Developer Portal, including the Sandbox and APIs made available on or through it are the property of ING and/or its licensors and protected by applicable intellectual property laws. All rights in the Digital Edge Developer Portal, including the Sandbox and APIs, are owned by ING or its licensors. Upon successful registration, ING grants you a limited, non-exclusive, non-transferable, revocable and non-sublicensable licence (“Licence”) to use the Digital Edge Developer Portal for the term of your registration. This Licence is for the sole purpose of enabling you to use the functionalities of the Digital Edge Developer Portal in accordance with these Terms.

You warrant that you have the intellectual property rights to any application or other content you create on the Digital Edge Developer Portal, and that such content does not violate or infringe the intellectual property rights of any third party. You remain solely responsible for any such content, and ING disclaims any and all liability for such content. You will indemnify and hold harmless ING from any costs or damages suffered by ING as a result of a third party bringing or threatening any claim or action against ING on the grounds that such content or any other material provided or used by you in connection with the Digital Edge Developer Portal infringes the intellectual property rights or other rights of any third party.

You will own the intellectual property in any application or other content that you create on the Digital Edge Developer Portal. However, you grant to ING a limited, non-exclusive and royalty free right to use such application or content to the extent necessary and for the purpose of ING operating the Digital Edge Developer Portal. ING may request you to provide additional information about any application or other content you create on the Digital Edge Developer Portal for promotional, commercial, technical, compliance or security reasons. If ING requires additional information about any application or other content you created on the Digital Edge Developer Portal, ING may contact you in its discretion to assess whether such application or content meets the standards, requirements, specifications and policies as applied by ING from time to time for production and/or commercialisation. As part thereof, ING may request you to enter into further agreement(s) with ING. However, you acknowledge that ING may independently create applications, content, APIs and other products or services that may be similar to any applications or content you created on the Digital Edge Developer Portal. Nothing in these Terms will restrict or prevent ING from creating and fully exploiting such applications, content, and other items, without obligation of ING of any kind towards you.

Personal data

The Digital Edge Developer Portal’s Privacy Statement explains how we treat your personal data and protect your privacy when you register on and use the Digital Edge Developer Portal.

Confidential information

If and insofar you gain knowledge of or receive confidential information in connection with the Digital Edge Developer Portal, you must treat such information with strict confidentiality and you may not disclose the same to third parties, both during your registration to the Digital Edge Developer Portal and after your registration ceases.

Linked Internet Sites

ING is not responsible for the content of any websites linked to or from the Digital Edge Developer Portal. You are advised that information on such hyperlinked or referred-to websites is neither investigated nor analysed by ING. A hyperlink or reference to a website is meant for convenience only and does not imply that ING endorses such website or any products or services that it describes. Your access to and use of hyperlinked or referred-to websites is at your own risk and ING, its affiliates, directors, employees or advisors, accept no obligation or liability in connection with those websites. ING reserves the right to terminate any link or linking program at any time. By accessing the Digital Edge Developer Portal, you also agree to abide by the proprietary guidelines set forth at any website accessed or linked to through the Digital Edge Developer Portal.

Trademarks

The trademarks, service marks and logos (“Marks”) of ING on the Digital Edge Developer Portal are the property of ING. You are prohibited from using any of the Marks without the prior written consent of ING.

Changes

ING may at any time change these Terms or any additional terms that apply to specific APIs available through the Digital Edge Developer Portal. Changes to these Terms will be published in this section of the Digital Edge Developer Portal, while changes to additional API terms will be published in the relevant API section. Changes will become effective no earlier than 14 days after publication and will be notified to you by email. However, changes regarding new functionality of an API or changes for legal reasons may become effective immediately. If you do not agree to changes to these Terms or to changes to the additional terms of a specific API, you must stop your use of the Digital Edge Developer Portal or such API. You understand and agree that if you use the Digital Edge Developer Portal or a specific API after the date on which these Terms have changed or the additional terms have changed, your use will be deemed to constitute acceptance of the relevant changes. You can view the most recent version of these Terms in this section on the Digital Edge Developer Portal.

ING has the right to change, modify or expand the functionalities, features and services available on the Digital Edge Developer Portal, including the Sandbox and specific APIs, at any time. Where possible, ING will provide prior notice of any such action, but ING reserves the right to do so without prior notice. Modifications and changes to the Digital Edge Developer Portal and its content may affect applications you have created on the Digital Edge Developer Portal. ING will not be liable for any loss or damage resulting therefrom.

Termination

ING may at any time suspend or terminate your registration and/or access to the Digital Edge Developer Portal and its content, including any applications you may have created, the Sandbox and the APIs. Where possible ING will provide notice of any such action, but ING reserves the right to do so without prior notice.

Your registration will automatically terminate if you breach any of these Terms. Upon termination, any rights and the Licence granted to you under these Terms will automatically cease. ING is not liable for any compensation or any damages incurred or to be incurred in connection with any termination in accordance with these Terms.

No Liability

Use of the Digital Edge Developer Portal is at your own risk. You are responsible for evaluating the accuracy, completeness or usefulness of any information, APIs or other content available on the Digital Edge Developer Portal.

All information on the Digital Edge Developer Portal, including but not limited to software, source code, object code, applications, graphics, text, documentation, Sandbox, APIs, and links to other sites, is provided "as is" and is subject to change without prior notice. Such information is provided, to the fullest extent permissible pursuant to applicable law, without warranty of any kind, express or implied, including but not limited to implied warranties of availability, adequacy, accurateness, completeness, merchantability, fitness for a particular purpose, non-infringement and freedom from computer viruses or similar disabling devices.

ING does not warrant the error free and uninterrupted service of the Digital Edge Developer Portal, including the Sandbox and APIs. If you notice any problems or security incidents during your use of the Digital Edge Developer Portal, you must notify ING immediately by sending an email to developerportal@ing.com

ING expressly disclaims any liability, whether in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, punitive or special damages arising out of or in any way connected with your access to or use of the Digital Edge Developer Portal, and/or any other websites whether or not ING was aware of the possibility of such damages.

You will indemnify ING against any direct, indirect and/or consequential loss, damage, cost and expense (including legal expenses) incurred by ING and arising from or in connection with your use of the Digital Edge Developer Portal, including any breach of these Terms.

Feedback

By submitting feedback, comments, ideas and suggestions on the Digital Edge Developer Portal, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in such feedback to ING to improve the Digital Edge Developer Portal, including the Sandbox and APIs, or any other products or services. Any such feedback is voluntary and ING may consider or is developing technology that is the same or similar to your feedback.

Miscellaneous

In case any provision of these Terms is or becomes illegal, invalid or unenforceable, the legality, validity or enforceability of any other provision will not be affected.

If you do not comply with these Terms and ING does not take action immediately, this doesn’t mean that ING waives any rights.

Nothing in these Terms is intended to or shall create a partnership, agency, joint venture or co-owner relationship between ING and you. ING nor you shall have the authority to act in the name of or on behalf of otherwise bind the other party.

ING may transfer its rights and/or obligations under these Terms to a third party. Your rights and obligations under these Terms cannot be transferred or assigned.

These Terms govern the relationship between ING and you, and do not create any third party rights.

These Terms, any additional terms applicable to a specific API and your use of the Digital Edge Developer Portal and its contents are governed by the laws of the Netherlands. You hereby irrevocably submit to the exclusive jurisdiction of the court in Amsterdam.

ING Bank N.V. has its registered office at Bijlmerplein 888, 1102 MG Amsterdam and is registered in the Trade Register of Amsterdam under number 33031431. ING Bank N.V. is registered with De Nederlandsche Bank (DNB, Dutch National Bank) and the Netherlands Authority for the Financial Markets (AFM) in the register for credit institutions and other financial institutions. ING is also supervised by the Dutch Authority for Consumers and Markets (ACM). Information on the supervision of ING Bank N.V. may be obtained from the Dutch Central Bank (DNB) on www.dnb.nl/en), the Dutch Authority for the Financial Markets (AFM) on www.afm.nl/en or the ACM on www.acm.nl/en.