DHB Bank Developer Portal & Sandbox user agreement

1. Definitions

1.1 'DHB Bank' shall be deemed to mean DHB Bank (Nederland) N.V. or DHB Bank (Nederland) N.V. Filiale Düsseldorf.
1.2 'You' shall be deemed to mean the party that enters into the agreement with DHB Bank. If you are a legal entity, you warrant that the person(s) that have agreed to the agreement are fully authorised to enter into the agreement on your behalf.
1.3 'Documentation and tools' shall be deemed to mean any online user guides, software development kit(s), and/or help and training materials for our APIs.
1.5 'Sandbox' shall be deemed to mean the test environment and all its related materials, information and resources on the developer portal.
1.6 'Website' shall be deemed to mean https://developer.dhbbank.com and/or one or more of the subpages thereof, and any webpages used as substitutes therefor.

2. The agreement

2.1 This user agreement shall apply to the use of the developer portal Sandbox environment for Application Programming Interfaces products ('APIs'), Documentation and tools, and other relevant materials for the Sandbox and accompanying support and maintenance services ('Portal Services') that DHB Bank submits to, undertakes in respect of or grants to you.
2.2 You can access Sandbox to test the APIs for your (mobile) application, website or other software feature as registered (the 'Application'). You are entitled to use the developer portal and sandbox in accordance with this user agreement.
2.3 Please be informed that access granted to you to the Sandbox environment and to the developer portal, does not guarantee that you are entitled to and the APIs in a 'production environment' for your Application. 
2.4 Delivery conditions and/or other (general) conditions you use for Sandbox, shall only apply to the use of the Sandbox.
2.5 DHB Bank reserves the right to amend these user agreement. You will be bound to the amended user agreement once you have been informed of the amendments in a manner to be determined by DHB Bank.
2.6 The agreement shall be solely governed by Dutch law. In the event of a dispute, the sole competent court shall be the one in Rotterdam.

3. Registration and acceptance

3.1 For testing the API Products in the Sandbox environment, you first need to sign up and accept this user agreement. The next step is that you need to submit your client enrolment (including your certificate for approval). During the client enrolment, you will receive your Client-ID.
3.2 You acknowledge all your submitted information is accurate and, if you are registering as a natural person, that you are 18 years or older. If you register or work on behalf of a company, you acknowledge you are legally authorized to bind your company to these user agreement.
3.3 You will immediately notify us about any amendments in your submitted information via our online contact form provided on our Website including e.g. a withdrawal of a certificate.

4. Client ID and Client Secret

4.1 After registration of an Application, you receive a Client ID for each Application. 
4.2 You will keep the Client ID and Secret from others, use it with due care and only for your Application. You will never rent, sell, sublicense, encumber, publish on any public media or commercially distribute the Client ID and Client Secret to any third parties.
4.2 The Client ID and Client Secret mentioned in 4.1 are provided to enable you to use the API Sandbox Products only within the Sandbox environment.

5. Use of the Sandbox environment

5.1 You will use the Sandbox environment only for testing purposes.
5.2 You will not present simulations generated via dummy data as real data to a third party.

6. License and permitted use

6.1 DHB Bank grants you a limited, non-exclusive, worldwide, personal non-assignable or sub-licensable and non-transferable license to use the developer portal API Sandbox Products specified in these user agreement to develop and test.
6.2 You will use and access the developer portal in accordance with all terms set out in this user agreement or on the website, including all technical instructions of DHB Bank. You make reasonable efforts to avoid any technical problems, unauthorized access - for example using TFA (two factor authentication) for your email address) - and security incidents, including the use of updated virus scanners. You will follow and/or implement all security considerations as mentioned on the website.
6.3 You will not use the developer portal and the API Sandbox Products:
a) to encourage or promote illegal activity, or in violation with any law or regulation or right of any third party. This includes intellectual property rights and rights of privacy.
b) to defame, abuse, harass, stalk, or threaten others.
c) in a way that will, or might introduce malware (viruses, Trojan horses etc.) in environments of DHB Bank or third parties, or might circumvent security measures set by DHB Bank.
d) in a way that might interfere with or disrupt the API Sandbox Products or the servers or networks of DHB Bank or services provided to third parties.
e) in a way that might be a violation of (international) sanctions or trade restrictions, or might affect the integrity of DHB Bank or the financial sector.
6.4 Each Client ID contains a limit for API calls in the Sandbox environment as described on our developer portal. Additionally, DHB Bank may still limit your amount of API calls in the Sandbox environment because of technical and/or security reasons.
If DHB Bank feels that your use of the developer portal and its API Sandbox Products might be in conflict with the provision above, DHB Bank may at any time suspend or terminate your registration and/or access to the developer portal and its API Sandbox Products without prior notice. Upon suspension you will not be entitled to damages, compensations or service credits.

7. Availability, maintenance and support

7.1 The developer portal and its API Sandbox Products have been composed with the greatest care. However, DHB Bank cannot guarantee that the developer portal and the API Sandbox Products will always be available or will always work without any interruptions, errors or defects, or that the information provided is complete, correct and/or up-to-date.
7.2 DHB Bank reserves the right temporarily or permanently to discontinue the developer portal (unannounced), without you being able to derive any rights therefrom.
7.3 DHB Bank makes reasonable efforts to provide you with technical support to facilitate the use of the developer portal and will answer reasonable questions as an additional and free service. DHB Bank however assumes you have sufficient affinity with IT. DHB Bank is not under an obligation to provide you with a certain result or to reach certain service levels, unless explicitly indicated otherwise.
7.4 In order to provide our developers with an optimal experience, DHB Bank needs to regularly maintain and update the developer portal. Such maintenance and/or updates will be pre-announced on our website or by email in advance. This means our API Sandbox Products and/or Portal Services may not be available for a certain limited period of time. You are never entitled to any compensation of damages for unavailability of our services.
7.5 DHB Bank is entitled to change or remove any functionality contained in the developer portal and/or it’s API Sandbox Products from time to time. DHB Bank shall use best efforts to inform you in advance in a manner to be determined by DHB Bank. DHB Bank is not obliged to inform you in advance if the change or removal is required as a result of an emergency or a threat to the security of integrity of the developer portal and/or it’s API Sandbox Products.

8. Fees, invoicing and payments

8.1 The Sandbox environment is (currently) provided for free. If applicable, a fee can be payable and can be once-only and/or recurring. In addition to this usage based fee, DHB Bank can charge a fee for additional services provided to you. The applicable fees and the payment terms will be specified on the Website.
8.2 DHB Bank can decide to change applicable fees, subject to a notice period of 30 days. If you can’t agree with the change of fees you can terminate the agreement with immediate effect.
8.3 If you have not (fully) paid the applicable fee(s) within the time set in the payment terms then DHB Bank is entitled to charge the statutory interest referred to in Article 6:119a of the Netherlands Civil Code.

9. Term and termination

9.1 The agreement shall come into force as soon as you have correctly registered all requested information and accepted these user agreement. You can terminate the agreement at any time by discontinuing the use of the developer portal and the APIs
9.2 If you have not logged on to, or otherwise used your account to access Sandbox within 6 months, we can deactivate or terminate your registration, thereby terminating the agreement.
9.3 DHB Bank can terminate the agreement at any time in whole or part with immediate effect without further notice.
9.4 The termination or dissolution of the agreement shall not release the parties from their obligations under it, which obligations shall continue according to their nature.
Termination (in whole or in part) has the following consequences:
a. DHB Bank will block your Client ID and Client Secret and/or:
b. You will be required to remove promptly, but in any event no later than two business days, any content, tools and/or materials provided to you via the developer portal, and delete any content, materials and/or tools you possess or control. DHB Bank may request that you send us evidence that you have deleted any content, materials, and/or tools.
9.5 Prepaid amounts for use of the developer portal – if applicable - will not be refunded to you upon termination or dissolution. DHB Bank is not responsible for any compensation or any damages incurred or to be incurred in connection with any termination in accordance with this user agreement.

10. Confidentiality and processing of personal data in Sandbox

10.1 You agree that that the information that you will receive from DHB Bank is strictly confidential. Confidential information is understood to mean: the content of this agreement as well as all data and information (including computer software) provided within the scope of this agreement, as well as data and information derived from processing confidential information received. Personal Data and information regarding business relations of the DHB Bank Group is always confidential information.
10.2 You shall in no manner whatsoever, directly or indirectly, orally or in writing or otherwise, reveal confidential information to third parties, other than after prior written permission of DHB Bank.
10.3 With regard to any confidential information you agree:
a) to observe all reasonable technical, physical and organisational measures for safe processing, keeping or storage. These measures shall ensure a level of security appropriate to the risks represented by the processing and the nature of the confidential information to be protected.
b) to process the information in accordance with the specific security requirements described in this user agreement and/or on the website;
c) not to use the confidential information for any other purpose than the implementation of this agreement;
d) not to hold the confidential information any longer than is reasonably necessary for the execution of the agreed obligations;

11. Use of Trademark, Logo

The agreement does not entitle you to use trademarks, logo’s of DHB Bank without prior written permission from DHB Bank. Each permission from DHB Bank shall apply until revoked.

12. Statutory provisions

Both parties will comply with all applicable rules and legislations and agree that they will possess all permits, registrations, exemptions or dispensations, required for the performance of this agreement or practice of its business.

13. Intellectual property

You agree that DHB Bank, or DHB Bank’s licensors own all rights, title, and interest, including all intellectual property rights, in and to, the developer portal and the API Sandbox Products, and all elements and components thereof. Except for the express licenses granted in the agreement, DHB Bank does not grant you any right, title, or interest in the developer portal and the API Sandbox Products.

14. Liability

14.1 The use of the developer portal and the API Sandbox Products and the information obtained through the API Sandbox Products is for your own risk. Any liability of DHB Bank, including liability of third-party providers of DHB Bank, is to the fullest extent permitted by law excluded, including without limitation any liability in relation to any inaccuracy, incompleteness, incorrectness, untimeliness or non-availability of the developer portal, the API Sandbox Products and the information obtained through these. DHB Bank shall not be liable for any type of damages, costs, expenses, legal fees, or losses (including, without limitation, loss of profits, data, opportunity, savings or interest) or any penalties imposed in connection with and/or as a consequence of (any use of) the API Sandbox Products and the information obtained through the API Sandbox Products, even if advised of the possibility of such damages.
14.2 You will indemnify DHB Bank for any third party claims for loss or damage of any nature arising out of your use of the developer portal and API Sandbox Products, including any breach of this user agreement.