keycount LLC (hereinafter “keycount LLC”) provides the user (hereinafter “user”) with the keycount app, a free banking application (hereinafter “keycount” or “keycount app”) with which the user can easily manage his/her finances. Subject to the following terms and conditions, keycount offers the services listed under section 3 and in particular the following benefits:
Our mission with keycount is to provide a personal financial assistant that helps every user to keep track of their finances while having access to analytics on all their accounts. The keycount app allows you to connect to over 1,500 different German banks and over 40 different crypto exchanges and wallets. This way we enable you to have an overview of all your financial accounts and liquid assets in one place as well as classify and thus simplify your spending. In doing so, we build the keycount app in such a way that we can recommend it to our best friend without any restrictions!
2.1 keycount LLC provides services to users of the keycount application in accordance with these terms and conditions.
2.2 keycount LLC is a company under Swiss law with its registered office in Switzerland.
2.3 If keycount LLC offers the services offered to the user in cooperation with partner companies or mediates services from partner companies (see sections 4 and 5), additional terms and conditions of these partner companies may apply.
2.4 These terms and conditions apply exclusively. Any terms and conditions of the user that conflict with or deviate from these Terms and Conditions shall only become part of the contract insofar as they are consistent with the content of these Terms and Conditions or have been expressly accepted in writing by keycount LLC. This also applies if keycount LLC provides services without reservation in the knowledge of conflicting or deviating terms and conditions of the user.
Subject of the services of keycount are
A prerequisite for using the services of the keycount app is the analysis of the bank account of the user (hereinafter referred to as “financial analysis”). The financial analysis is carried out in accordance with the following points:
4.1.1 The necessary data for the financial analysis from the bank account (especially regular credits, SEPA direct debits as well as standing orders) can be retrieved via standardized interfaces in the financial industry (hereinafter referred to as “bank interfaces”) using XS2A, FinTS or the bank’s own interfaces (e.g. dbAPI). These interfaces are defined in accordance with the EU-wide PSD2 Regulation and are accessed via the same security mechanisms as normal online banking access.
4.1.2 In order for the data to be accessed via these banking interfaces, the user must first authenticate him/herself as the account holder to the banking interface using his/her online banking login data (e.g. account number and PIN) and also strong authentication by the customer (e.g. smsTAN). Then, depending on the bank, the transactions of the last 90-365 days are transmitted.
4.1.3 keycount structures and categorizes the relevant direct debits, credit notes and standing orders from the transmitted turnover data. Categorization means that the turnovers are assigned to different expenditure items, such as living & household or mobility.
4.1.4 In addition to the turnover data, some bank interfaces offer the option that the personal information stored at the bank (e.g., first and last name, postal address, and e-mail address) is transmitted to us. The user must expressly consent to the transmission of this data.
A prerequisite for using the services of the keycount app is also the analysis of the user’s crypto accounts and wallets (hereinafter referred to as “Crypto Analysis”). Cryptoanalysis is performed in accordance with the following points:
4.2.1 The necessary data for the cryptoanalysis (especially crypto-transactions, exchange rates, account balances as well as account information) can be retrieved via interfaces (hereinafter “crypto interfaces”).
4.2.2 In order for the data to be accessed via these crypto interfaces, the user must first authenticate himself/herself as an account/wallet holder to the crypto interface using his/her login data for the relevant exchange or wallet (e.g. e-mail address and password) and also strong authentication by the Customer (e.g. smsTAN or SecureID TAN). Then, depending on the provider, the data for the last 90-365 days is transmitted.
4.2.3 In addition to the turnover/ and transaction data, some crypto interfaces offer the option that the personal information stored with the exchange or wallet (e.g. first and last name, postal address and e-mail address) is transmitted to us. The user must expressly consent to the transfer of this data.
To report various problems as well as general support requests, there is the possibility to submit support requests directly in the keycount app. Support requests are submitted in accordance with the following points:
4.3.1 The user can use the direct in-app function in the keycount app to submit a support request. To do so, he/she must leave his/her email address and a description of the problem.
5.1 The legal capacity of the user is a prerequisite for the use of the keycount app.
Aiia: A licensed Payment Initiation Service Provider (PISP) and Account Information Service Provider (AISP) under the supervision of the Danish Financial Supervisory Authority (FSA), Aiia A/S, Artillerivej 86, st. tv, 2300 Copenhagen S, Denmark, which provides aggregation of bank account data.
Vezgo Crypto API: An application to provide an API to access all crypto balances, tokens and trading history for retail customers of Wealthica Financial Technology (“Welthica”), Inc. 1100 René-Lévesque Blvd W 25th floor, Montreal, Canada, which performs crypto data aggregation.
Genify: A transaction classification and financial analysis company, Genify (“Genify”), Business Center, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates, PO 417909, which performs the categorization of the transaction data.
5.3 The provision of services by keycount may also require the User to authenticate him/herself to the service provider or the banking interface. For this purpose, the user must know his/her authentication data (see section 4).
5.4 keycount LLC is entitled to change or modify the services of the keycount App in accordance with section 12.2 of the terms and conditions.
5.5 keycount LLC shall endeavor to provide the keycount app without interruptions. However, no liability can be accepted for temporary unavailability of the keycount app. The keycount LLC may temporarily limit the availability if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical maintenance or repair measures and this serves the proper or improved provision of services (maintenance work). In such cases, keycount LLC shall take into account the legitimate interests of the user(s), e.g. by providing advance information. The liability of keycount LLC due to fault according to section 10 remains unaffected.
6.2 keycount LLC does not store any contract texts or keep them permanently available for retrieval by the user.
7.1 The user is obliged to cooperate appropriately when using the services of the keycount app.
7.2 In particular, the user shall authenticate him/herself with his/her online banking login data (e.g. account number and PIN) vis-à-vis the banking interface and any vicarious agents who provide the service.
7.3 The user shall not deposit an account of a third party in the keycount app without the express permission of that person.
7.4 The user shall not circumvent any security functions of the keycount app and shall refrain from attempting to do so.
7.5 The user shall ensure the confidentiality and security of his/her access data to the keycount app and the services used via it. He/she must keep his/her access data secret, must not pass them on, must not tolerate or allow third parties to gain knowledge of them and must take the necessary measures to ensure the confidentiality of his/her access data, e.g. by using a secure password with sufficient characters and combinations of numbers, letters and special characters and by changing his/her password regularly. He/she must keep his/her cell phone safe from access by third parties.
7.6 If the user discovers the loss or theft of the misuse or other unauthorized use of his/her access data, he/she must inform keycount LLC immediately. Any theft or misuse must be reported to the police immediately. If the user suspects that another person has gained unauthorized possession or knowledge of his/her access data or is using his/her access data, he/she must also inform keycount LLC immediately.
7.7 If the user violates his/her obligations under these terms and conditions or the terms and conditions of vicarious agents (see section 5.2), keycount LLC is entitled to cancel the affected services of the keycount app or not to perform the requested service.
8.1 keycount LLC collects, processes and uses personal data of the user(s) exclusively for the purpose of providing the services of the keycount app or improving the services. Likewise, keycount LLC may transmit this data to third party service providers for processing in order to provide the service through vicarious agents or to improve the service. Any further use of user data by keycount LLC does not take place. In order to be able to use the keycount app without restrictions, your consent to the use of your data is required (see sections 4 and 6.1).
8.2 With regard to the details, please refer to the separate data protection declaration, which is stored on the keycount website and in the keycount app and can be accessed there at any time.
8.4 When using services in cooperation with our partner companies (vicarious agents) (cf. sections 4 and 5), additional or special data protection provisions may also apply (cf. section 5.2), for which the consent of the user may also be required.
9.1 The services provided are based on sales data from the past and attempt to transfer recognizable patterns to the future. However, changes or events may occur that are beyond our control. Therefore, keycount LLC points out that no guarantee can be given for the accuracy of the analyses.
10.1 Claims for damages by the user are excluded. Excluded from this are claims for damages by the user against keycount LLC arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by keycount LLC, its legal representatives or vicarious agents. This also applies to indirect consequential damages such as, in particular, loss of profit.
10.2 Essential contractual obligations (cardinal obligations) are obligations which keycount LLC has to provide according to the content and purpose of this contract and its supplements, the fulfillment of which enables the proper execution of this contract and on the compliance of which the user regularly relies on and may rely on. The essential contractual obligations of this contract include in particular, but are not limited to, the services listed in section 3. The technical uninterrupted availability of the keycount app is not an essential contractual obligation.
10.3 In the event of a breach of material contractual obligations (cardinal obligations), keycount LLC shall only be liable for the foreseeable damage typical for this type of contract if this damage was caused by simple negligence, unless it is a matter of claims for damages by the User(s) arising from injury to life, limb or health.
10.4 The restrictions from clauses 10.1, 10.2 and 10.3 of the terms and conditions also apply in favor of the legal representatives and vicarious agents of keycount LLC, if claims are asserted directly against them.
10.5 The limitations of liability resulting from clauses 10.1, 10.2, 10.3 and 10.4 of the terms and conditions do not apply if keycount LLC has fraudulently concealed the defect or has given a guarantee for the quality of the item. The same applies insofar as keycount LLC and the user(s) have entered into a quality agreement.
10.6 The regulations of the product liability law remain unaffected by the regulations in this clause 10 of the terms and conditions.
10.7 keycount LLC is liable for the loss of data and programs and their recovery within the scope of this clause 10 and only to the extent that this loss could not have been avoided by taking reasonable precautionary measures, in particular by making daily back-up copies of all data and programs.
10.8 The user is obligated to immediately notify keycount LLC in writing of any damages in the sense of the above liability regulations or to have them recorded by keycount LLC, so that keycount LLC is informed as early as possible and can possibly mitigate the damages together with the user.
11.1 keycount LLC may also terminate the entire business relationship or individual business relationships for which neither a term nor a deviating termination provision has been agreed upon at any time by giving reasonable notice. When calculating the period of notice, keycount LLC shall take into account the legitimate interests of the user(s).
11.2 Termination of the entire business relationship or individual business relationships without notice is permissible if there is an important reason which makes it unreasonable for keycount LLC to continue the business relationship, even taking into account the legitimate concerns of the user. An important reason may exist in particular if the legal or regulatory requirements for the provision of or in connection with the services of the keycount app change. If the good cause consists of a breach of a contractual obligation, termination is only permissible after the unsuccessful expiry of a reasonable period set for remedial action or an unsuccessful warning, unless this is dispensable due to the particularities of the individual case (Section 323 (2) and (3) of the German Civil Code).
11.3 Subject to a separate agreement, the user is entitled to withdraw from the entire business relationship with keycount LLC at any time without notice. For this purpose, the user may irrevocably delete his/her user account within the keycount app.
12.1 Applicable law
12.1.1 These Terms and Conditions and all contracts and contractual rights and obligations concluded between keycount LLC and the user under these terms and conditions shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods.
12.1.2 All non-contractual rights and obligations arising from or in connection with these terms and conditions shall also be governed by and construed in accordance with the laws of the Federal Republic of Germany.
12.1.3 The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his habitual residence as a consumer, shall remain unaffected.
12.1.4 If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the user and keycount LLC is the registered office of keycount LLC.
12.2 Changes to the terms and conditions
12.2.1 keycount LLC reserves the right to change these terms and conditions and any special conditions at any time. Changes will be offered to the user in text form or via an electronic communication channel at least two months before the proposed date of their coming into effect. Each user shall have the right to either accept or reject the changes prior to their proposed effective date. The user shall be deemed to have given his/her consent if he/she has not indicated his/her refusal before the proposed date of entry into force of the changes. keycount LLC shall specifically draw the user’s attention to this approval effect in its offer.
12.2.2 If the user is offered changes to the terms and conditions of payment services (e.g. terms and conditions for credit transfers), he/she may terminate the payment services framework contract affected by the change without notice and free of charge prior to the proposed date on which the changes take effect. keycount LLC shall specifically draw the customer’s attention to this right of termination in its offer.
12.2.3 The contract remains binding in its remaining parts even if individual points are legally ineffective. Instead of the ineffective points, the legal regulations, if any, shall apply. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
Updated: September 2022