1. Introduction and purpose of these Terms & Conditions

These terms and conditions (hereinafter the “Terms & Conditions”) constitute a framework agreement which governs the use of the account information services (hereinafter “AIS”) and payment initiation services (hereinafter “PIS”) and all other services related thereto (hereinafter together the “Services”) offered by Aion, in the framework of its collaboration with Tricount.

Please take your time to read these Terms & Conditions carefully before registering or using the Services. 

These Terms & Conditions are available in English. They can be freely downloaded here.

 

2. Definitions

Account Provider	Regulated institution which holds and manages Your payment account(s) associated to the Services
Aion	AION BANK, a credit institution established in Belgium and supervised by the NBB and which has its statutory seat located at Avenue de la Toison d'Or/Gulden Vlieslaan 26, 1050 Brussels and registered with the Crossroads Bank for Enterprises under the reference 0403.199.306 (https://aion.eu/be-en)
Aion Brand	all names, logos, trade names, logotypes, trade designations, and other designations, symbols, and marks, that Aion and/or its affiliated companies own, manage, license, or otherwise control now or in the future, anywhere in the world, whether registered or not
AIS	Account information services
AML	Anti-money laundering
Device	the mobile phone, desktop computer, laptop computer, smartwatch,  headless computer and/or any other support with which You use the Services
Eligible Countries	Belgium
GDPR	EU Regulation 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data
NBB	National Bank of Belgium, with its statutory seat located at Berlaimont/Berlaimontlaan 14, B-1000 Brussels (Tel.: +32 2 221 21  11 – https://www.nbb.be/en)
PIS	Payment initiation services
Services	The AIS, PIS, and all other services related thereto offered by Aion and governed by these Terms & Conditions
Terms & Conditions	These terms and conditions
Tricount	TRICOUNT SA, a Belgian limited liability company with statutory office at Avenue Arnaud Fraiteur 15-23 B-1050 Bruxelles and registered with the Crossroads Bank for Enterprises under the reference 0508.560.013 (https://www.tricount.com/en/)
Tricount App / App	The smartphone and/or computer app marketed by Tricount and which allows You to organise and track Your expenses with friends, family members, and others
User / You / Your	You, in Your capacity as the user of the Services

 

3. Entering into force and changes to the Terms & Conditions

By using the Services, You agree to and are bound by these Terms & Conditions, as amended from time to time by Aion.

The contractual relationship between You and Aion enters into force immediately upon your successful onboarding as a User.

Aion has the right to unilaterally change the provisions of these Terms & Conditions. You will be informed of every change of the Terms & Conditions through a notification in the Tricount App and/or by email and You will be provided with a copy of the new terms and conditions on a durable medium upon request.

In case You do not agree with the proposed changes, You have the right to terminate the relationship with Aion free of charge prior to the entry into force of the new terms and conditions. In case You do not make use of this right, You will be deemed to have accepted the new terms and conditions.

Without prejudice to provisions stating the contrary in these Terms & Conditions, every change to these Terms & Conditions enters into force within two (2) months of the date of the notification to the User. This two-months term does not apply to changes which do not relate to existing payment services, even if they lead to a modification of these Terms & Conditions (e.g. inserting provisions governing new services). These last changes enter into force immediately and without prior notification to the User, without prejudice to general contract law.

 

4. The Services

The Services includes several functionalities, as further described in the App and the other user interfaces available, and notably allow Aion to:

• consult your account status and details (e.g. IBAN, your name) with your Account Provider(s) via the Tricount App to verify your identity;
• initiate payments (SEPA credit transfers) from the payment account(s) that You hold with Your Account Provider(s).

 

Aion may extend its product and services offering at any time, in which case You will be informed through all relevant user interface(s) or any other appropriate means (such as e.g. by email). The use of certain functionalities offered by Aion may be subject to additional terms and conditions.
 

4.1 Account information services (AIS)

The AIS allows read-only access to Your payment accounts with one or more Account Provider(s). The AIS is only available for payment accounts accessible online. In order to allow Aion to activate the AIS and use these services, You will be required to provide Aion with the consent to access Your account with each Account Provider that is holding the relevant payment account(s).

The same authorisation will be required for each association of a payment account to the AIS. 

By initiating the AIS, You authorise Aion to access the information on the payment account for which You have given Your consent in order to recover the information from Your Account Provider(s)’ interface for the purpose of confirmation of your identification data. In addition, You agree that Your account provider shares that information with Aion.

Aion will only access the information from the Account Provider(s)’ account(s) for which You have expressly given Your consent. Aion will not use, access or store any data for purposes other than for performing the Services.

 

4.2 Payment initiation services (PIS)

The PIS allows You to initiate payments from one or more payment account(s) opened with Your Account Provider(s) through Aion’s Services.

When You initiate a payment through the Services, You authorise Aion to instruct, on Your behalf, your Account Provider(s) to make the relevant payment, from the payment account that You designated. Aion does not enter into possession of Your funds at any time in the process.

Once the payment has been initiated through the Tricount App, You will receive the payment indication and relevant transaction data in the Tricount App.

The availability of the PIS is dependent on the availability of Your Account Provider(s)' internet or app services, as made available by Your Account Provider to Aion. The execution time of the payment initiated with the PIS will be the one defined by your Account Provider.

Within the framework of PIS, Aion does not use, access or store any data for other purposes than the provision of PIS as requested by You.

If Aion cannot successfully process a payment order initiated through the Tricount App, Aion will inform You of the rejection of Your order and of the reasons of the rejection, unless forbidden by law.

When You initiate a payment through the Tricount App, You authorise Aion to provide the payee with information about You as necessary for that payment to be initiated and executed.

After a payment has been successfully initiated by Aion, it is your Account Provider’s sole responsibility to carry out the payment, subject to its own terms and conditions. Aion is not liable for the mistakes or errors committed by your Account Provider. Within the framework of the PIS, Aion is merely notifying a payment instruction to Your Account Provider on Your behalf; Aion is not carrying the payment itself.

You will need to contact your Account Provider if you want to cancel the payment order, request a refund, are having issues accessing your account or if you do not recognise a transfer that has been taken out of your account with them.

 

5. Use of Your Account Provider(s)’ credentials

To provide You with the Services, Aion may need Your login information and credentials to access the payment account(s) that You have decided to include in the Services. By registering for the Services and providing us that information, You consent, agree and confirm that Aion can use those to access Your accounts to the extent necessary for Aion to provide the Services.

Aion will use its best efforts to ensure that personalised security credentials related to Your Account Provider(s)’ account(s) are not, with the exception of You and Your Account Provider(s), accessible to third parties, and it will process them in strict accordance with applicable laws and regulations.

 

6. Requirements for becoming a User 

To use the Services, You will first have to complete the registration process through one of the offered user interfaces. As a regulated entity, Aion is subject to specific obligations under which it may have to perform specific checks on Your identity. The entry into force of our Agreement with You and Your access to the Services is conditional upon those checks being successfully made.

You can become a User of the Services, under the condition that you are at least 18 years old, have a Device which meets the technical requirements set out by Aion and/or Tricount, as updated from time to time, on which the App is installed and that you have an active bank account at your Account Provider in Eligible Country.

 

7. Availability of the Services

Aion will use all commercially reasonable efforts to ensure the continuity of the availability of the Services. 

However, Aion cannot guarantee the continuous, uninterrupted or error-free functioning of the Services. It may suspend access to the Services, without notice or compensation, for the purpose of maintenance or for any urgent circumstances (including in case of fraud or suspicion or risk of fraud). 

The functioning of the Services may be dependent on a variety of factors, including the availability and reliability of Your Account Provider(s)’ app or internet services from which the relevant data is retrieved, the speed of the Internet connection, the Device You use or other technical reasons. 

The Services are available through Your Device when it is within the operating range of a wireless carrier. The quality of the services may also vary depending on the Device used.

 

8. Anti-money laundering and counter terrorist financing

You hereby declare and guarantee that You will not breach any applicable legal provision regarding anti-money laundering and counter terrorist financing in the meaning of the law of 18 September 2017 on the prevention of money laundering and terrorist financing and the restriction on the use of cash, as amended from time to time. Pursuant to that same law, Aion may monitor all User onboarding and User transactions. Aion may also be required to take appropriate action against any violation of these rules. You furthermore understand that Aion may collect and rely on information gathered by the Account Provider(s) with respect to You and relevant to AML checks.

 

9. Rules of evidence

Unless otherwise provided in these Terms & Conditions, it is hereby explicitly agreed that Aion can provide evidence by using any means as authorised by the law.

You explicitly recognise that all orders that You give through whatever medium and all electronic information, registrations of telephone conversations, notifications and electronic messages from Aion have the same legal value and level of proof as a physical written document.

Regardless of the nature or the amount of the act to be proven, Aion is always allowed to provide evidence by presenting a copy or a reproduction of an original document. Without prejudice to Your right to present counter-evidence, a copy or a reproduction of the document will be considered as a faithful copy of the original with the same level of proof as the original.

You acknowledge and agree that You are bound by the electronic signature and are liable for the transactions, requests, and orders which are confirmed and/or transmitted, subject to counter-evidence that You would produce.

 

10. Your obligations

By registering for the Services, You accept in Your own name all the commitments and obligations resulting from the use of the Services. Your heirs and assignees shall be bound jointly and indivisibly for all commitments and obligations resulting from the use of the Services.

In particular, You have the following obligations:

• The credentials You have selected to access the Services are strictly personal and confidential and should be kept safely guarded. You must take all reasonable measures to keep them safe as a normally prudent and diligent person and observe the security requirements notified to you by Aion (if any). Where You opt to register Your fingerprints or any other biometric element for use of the Services, You must ensure that only Your own fingerprints or biometric characteristic(s) are registered on Your Device and may not allow that fingerprints or other biometric characteristic of any other person than You (including Your spouse/partner, children, family members and friends) are registered on it. If the fingerprints (or other biometric characteristic(s)) of others have been registered on Your Device, You undertake to remove them before registering for use of the Services;
• You are solely responsible for verifying the payment instructions which are communicated to AION through the Tricount App. In particular, You must verify that the information allowing to identify the recipient (such as his/her IBAN or his/her email address) as well as the amount to be paid are correct before authorising a payment;
• When aware of the loss, theft, misappropriation or any unauthorised use of the means allowing the use of the Services, You undertake to immediately notify Tricount through the App 
• When You become aware of an unauthorised, incorrectly, defective, late or non-executed payment transaction, You undertake to notify the relevant Account Provider without undue delay and in any case, no later than 13 months after the debit date. 
• Notify Tricount through the App immediately if You see any error in the information provided in the Tricount App.

 

11. Liability of Aion and force majeure

Without prejudice to other specific provisions of these Terms & Conditions, Aion shall be liable only for its fraud and for gross negligence committed in the framework of its professional activities by Aion or its employees.

Under no circumstances shall Aion be liable for indirect or consequential losses, such as inter alia loss of profits or of opportunities.

In any event, Aion shall never be liable, under any circumstances, for loss or damage resulting directly or indirectly from force majeure or measures taken by Belgian or foreign authorities.

Consequently, Aion shall not be liable for any adverse consequences of, inter alia:

• fire, flood, acts of war or terrorism, pandemics;
• strikes (including by Aion’s staff);
• transactions carried out on the instructions of persons with de facto power in the event of war, disturbances, riots or occupation of territory by foreign or illegal forces;
• its computer systems being out of service – even temporarily – for any reason whatsoever, and the destruction or deletion of data stored in those systems;
• mistakes by or interruptions of the activities of Belgian or foreign postal services, companies that provide telephone, electronic or IT services or companies that provide private transport.

 

12. Right to use and intellectual property

Aion and its licensors are the owner(s) or beneficiary(ies) of all intellectual property rights and know-how associated with the Services, including the Aion Brands. All copyrights, databank rights and software rights in all material contained on, in or available through the services, including all information, data, text, music, sound, photographs, graphics and video messages, and all source codes, software compilations and other material is owned by Aion or its licensors.

Aion grants You – for the term of Your use of the Services – a non-transferable, non-sub-licensable, royalty free, worldwide, non-exclusive license to use the Services for Your own personal purposes in accordance with these Terms & Conditions. This license shall include any future updates made available to You from time to time, provided that You understand and accept that such updates may be subject to other pricing arrangements and additional terms and conditions in respect of which You will be notified at the time such update is made available.

Without prejudice to Your rights relating to the protection of computer programs, You may not:

• modify, translate or adapt any of the components of the Services (including any software associated to it) in any way;
• decompile or disassemble any of the components of the Services’ features (including any software associated to them) in any way;
• merge the Tricount App or any component thereof into any other programs or create derivative works based on any component of the Tricount App;
• use the Tricount App or the Services in whole or in part or any confidential information relating thereto to create software or service that is functionally equivalent to the Tricount App or the Services, any part thereof; and/or
• use the Services in a way that may lead to the encouragement, procurement or carrying out of any unlawful or criminal activity or which may cause any harm or injury to any person.

 

Nothing contained in the Tricount App shall be construed as granting any license or right to make commercial use of any trademark, intellectual property right or copyrighted material of Aion or its licensors without their prior written permission. 

You hereby undertake to immediately inform Tricount of any claim from any third party based on an alleged breach by Aion of the intellectual rights of third parties as well as to provide all information and support related thereto. 

 

13. Charges for the Services

The Services are free of charge.

As for any modifications, Aion will notify You in advance in such a case and will grant you a notice period of (1) month during which You will have the possibility to terminate the Services at no cost.

 

14. Withdrawal right

By registering as a User with Aion for the Services, You request that the Services start as from that time. As a consequence, You cannot technically withdraw Your order of the Services. However, You may always cease the use of the Services at any time and/or easily terminate your contractual relationship with Aion in accordance with Clause 15.

 

15. Duration of the agreement on the Terms & Conditions

These Terms and Conditions are entered into for an unlimited term.

You may terminate your agreement with Aion on the Services at any time without notice sending your request to complain@aion.be.

Aion may at any time terminate the Services or any of the Services without compensation with a two (2) months prior notice to You.

Without prejudice to its other rights available by law or under the Agreement, Aion may at its own discretion either terminate or suspend the Services with immediate effect, deny or restrict Your access to the Services at any time if You breach the Terms & Conditions.

Aion may also deactivate or suspend Your access to the Services at any time in the event of technical issues, suspicion of improper or fraudulent use or for any other objective security reason.

 

16. Privacy

Your personal data will be processed by Aion or its affiliates in accordance with Aion’s privacy policy, available here: [https://aion.eu/be-en/privacy-policy].

You confirm having read and understood the privacy policy.

For the purposes of GDPR, and in the context of the Services, the data controller is Aion. 

 

17. Assignment and severability

This agreement may not be assigned or transferred in all or in part by You, without the prior written consent of Aion.

Aion may freely assign its rights and transfer its obligations under these Terms & Conditions and any other agreement relating to the Services.

If any (part of any) provision of these Terms & Conditions shall be held invalid, illegal or unenforceable, all parties shall be relieved of all rights and obligations arising under such (part of) provision but only to the extent that such (part of) provision is invalid, illegal or unenforceable and provided that each such (part of) provision shall be modified to the extent necessary to make it valid, legal and enforceable whilst preserving the intent of the parties. All other provisions of these Terms & Conditions shall be regarded as fully valid and enforceable.

 

18. Contact with Aion and complaints

All Clients have access to the Tricount I Line Support, by sending an email to: support@tricount.com, or to consult the Tricount’s English FAQ page.

If the need arises, Tricount/Aion will contact You by text messages, phone or email.

A Client who wants to report an issue should refer to the relevant instructions available on the Tricount App. The Tricount Client Support will always attempt to find an adequate solution within a reasonable timeframe.  

If the Client is of the opinion that the Tricount Client Support did not find an appropriate  solution to its problem, the Client will be able to start an official complaint procedure. Complaints shall be sent by email to complaint@aion.be. 

Complaints will be handled within the timeframe provided by applicable regulation. Answers and complaints resolution shall be sent in an email body or in  PDF format to Your email address.

We will always attempt to find an adequate solution within a reasonable timeframe and at the latest within 15 business days following the complaint. In exceptional cases, where an answer could not be provided within 15 business days for reasons which are not in Aion’s control, Aion will inform You of the reasons for the delay and will let you know of the timeline within which its final answer will be provided. This additional period of complaint handling cannot exceed 35 business days.

Users who qualify as consumers (natural persons acting outside the scope of their professional activities) and who are not satisfied with Aion’s position may contact the Ombudsman in financial matters (“Ombudsfin”):

 

Ombudsfin
North Gate II, Roi Albert II Boulevard, 8 (box 2)
1000 Brussels
Belgium
Email : ombudsman@ombudsfin.be
Fax : +32 2 545 77 79
Web : https://www.ombudsfin.be/

 

19. Applicable law and jurisdiction

All the rights and obligations of the Users and Aion are governed by and should be construed in accordance with Belgian law.

Without prejudice to overriding and mandatory legal provisions providing for the competence of other jurisdictions (for example for consumers), Aion and the User, either demanding or defending, may seize the courts of Brussels for any dispute arising from or relating directly or indirectly to their relationship.