Terms of Use – General

This website, currently located at https://devapi.test.fibi.co.il/fibi/sb/home ("Site"), is operated by The Beinleumi Bank and any of its affiliates or subsidiaries (“Beinleumi”, "our," "us," or "we") and provides documentation, information and troubleshooting regarding various Beinleumi APIs ("APIs"). For the removal of doubt, the term "APIs" does not include any third party API which may be made available on the Site or on other platforms. 

This document sets out the terms and conditions ("Terms") of this Site and the use of the APIs. These Terms govern your use of this Site together with the provision and use of any interface or data obtained through on or accessed via this Site including the APIs. 

We will currently not charge you for access to this Site and we do not guarantee that the Site, or any content on it, will always be available or uninterrupted. We may suspend or restrict access to the APIS or the Site or any part of it for business, regulatory or operational purposes at our sole discretion and without prior notice. We may decide to charge fees in the future, subject to a notice that will be provided by us.     

If you do not agree with these Terms, please refrain from using the Site or the APIs.

Access and Grant of License

1. Subject to your compliance with the Term, we grant you a non-exclusive, royalty free, revocable, non-transferable and non sub-licensable license to access the Site and the APIs.  

2. Access and use of the APIs may be subject to registration requirements, additional specific terms or other obligations that we may deem appropriate in light of regulatory requirements and our business needs. 

3. You are responsible for your access to the Site or the APIs. In case that your access is subject to logging in using credentials, it is your responsibility to ensure that such credentials are kept in confidence and not shared with unauthorized third parties. If you know or suspect that an unauthorized person has obtained access to your credentials, you must notify us immediately. 

4. Your use of any third party link found on the Site is at your own risk. We are not responsible for the content found on other websites linked from the Site and we have not reviewed or approved the content on those websites. 

5. Your access and use of the Site and APIs must be done in accordance with these Terms and all applicable laws. Your access will not disrupt access of other to the Site. You will not use any unapproved automated means to access the Site and will not circumvent, disable or otherwise interfere with any security related features of the Site. 

6. Using the APIs in violation of these Terms may lead to an immediate revocation of the license. 

Use of the APIs

7. The APIs may only be used for development of software and software services that are meant to integrate and connect to the Beinleumi's systems. 

8. Without derogating from the generality of any of these Terms, your use of the APIs must:

   1. Be in accordance with the requirements of all applicable laws, including without limitation, intellectual property laws, privacy laws and data security laws; 

   2.  Be in accordance with the Beinleumi's technical requirements;

   3. Not attempt to circumvent any protective measures, of any kind, that we have placed regarding the use of the APIs; 

   4. Not attempt to reverse engineer, duplicate or otherwise copy the API and not use the API in a manner that might circumvent, neutralize or sabotage in any other way the operation of the APIs, including without limitation, enabling access to systems with restricted access. 

9. The APIs may include software, files or components that are subject to additional license terms, including open source licenses of third parties ("Third Party Components"). We may use Third Party Components as part of or in connection with the APIs, subject to your compliance with the license terms applicable to such Third Party Components. In case of a contradiction between these Terms and the terms of a Third Party Component's license terms, the latter shall govern. These Terms do not apply to any Third Party Component included in the APIs and we will not be liable for any such Third Party Component. 

Service Level Agreement

10. We will provide the Site and the APIs as described in these Terms in a manner that meets or exceeds the service levels mandated by the Bank of Israel or any other applicable law. 

Privacy

11. We will handle any personal information submitted or processed through the Site in accordance with the privacy provisions in our general Terms of Use https://www.fibi.co.il/wps/portal/FibiMenu/Marketing/Private/General/Terms/PortalTerms

Intellectual property rights

12. All rights, titles and interests in and to the contents of the Site and the APIs are owned by us, or our affiliates, or other licensors and are protected by copyright and trademark laws, and international treaties.

13. You agree not to delete any copyright notices or other indications of protected intellectual property rights from materials that you print or download from the Site. You will not obtain any intellectual property rights or any right or license to use such materials or the Site, other than as expressly set out in these Terms.

14. Without derogating from the generality of the above, you agree not to copy, distribute or modify any part of the Site or its content. 

15. Nothing contained on the Site may be construed as granting, by implication, estoppels, or otherwise, any license or right to use any trademark without the written permission of the Company or any third party that may own the trademarks. Your use of trademarks, or any other content of the Site, except as provided herein, is strictly prohibited.

No Warranties

Unless otherwise specified in these Terms, the following shall apply: 

16. THE CONTENT AND THE SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AVAILABLE THROUGH THE SITE, OR THE SITE ITSELF, AND WE HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES.

17. IN NO EVENT SHALL WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY OR TO ANYONE ELSE FOR ANY KIND OF FINANCIAL LOSS, LOST PROFITS, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE OR ANY OTHER SIMILAR DAMAGE OR ANY OTHER LOSS OR INJURY, RESULTING DIRECTLY OR INDIRECTLY FROM USE OF THE SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SITE AND ANY CONTENT ON THE SITE.

18. IN NO EVENT SHALL WE, OUR EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY OR ANY ONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SITE OR THE SITE ITSELF.

19. YOUR RELIANCE ON, OR USE OF, ANY SITE CONTENT OR INTERACTION WITH ANY THIRD PARTY FEATURED ON THE SITE, IS AT YOUR SOLE RISK. IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY AS A RESULT OF, OR ARISING FROM YOUR USE OF THE SITE, YOU AGREE THAT WE ARE NOT AND SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH DISPUTE.

20. We do not represent, warrant or guarantee that you will be able to access or use the Site at times or locations of your choosing, or that we will have adequate capacity for the Site as a whole or in any geographic location.  

21. We do not represent, warrant or guarantee that the Site will provide uninterrupted and error-free service. We do not make any warranties or guarantees with respect to the Site and its content, including but not limited to, warranties for merchantability or fitness for a particular purpose.

Independent Contractors

22. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us. 

23. You must not under any circumstances make, or undertake, any warranties, representations, commitments or obligations on behalf of the Beinleumi.

Term and Termination

24. These Terms are effective until terminated by us. Without derogating from the generality of any of other provisions of these Terms, we may, at our sole discretion, terminate these Terms or access to the Site, or any part thereof, immediately at any time and with or without cause (including, without any limitation, for a breach of these Terms). 

25. We shall not be liable to you or any third party for termination of the Terms or access to the Site, or any part thereof. Upon termination of these Terms, any continued use of the Site is prohibited and you should cease your use immediately. 

26. This Section and the sections addressing Intellectual Property, Privacy, Warranties, Independent Contractors and Governing Law shall survive termination of these Terms.

Amendment to the Site, APIs, Terms

27. You understand and agree that we may discontinue or change the APIs or the Site at any time, without notice. You also understand and agree that we may discontinue or restrict your use of this Site for any reason without notice.

28. We reserve the right to amend, remove, or add to these Terms at any time. Please check the "Last modified" section at the bottom of this document to see when the Terms were last updated. Any changes to the Terms will become effective when we post the revised Terms on the Site. Your use of the Site means that you accept the updated Terms.

Force Majeure

29. We will not be liable for any failure to perform any of our undertakings under these Terms to the extent that such failure is caused by a condition that was beyond our reasonable control, such as natural disaster, act of war or terrorism, fire, flood, pandemic or other health crisis, governmental action, internet disturbance and so on. 

Governing Law

30. The Terms shall be governed and construed in accordance with the laws of the State of Israel without regard to its principles of conflict of laws. Any dispute with respect to the Terns shall be resolved by the courts of Tel-Aviv-Yafo, Israel. 

Last Modified 29/11/2022