Visa Open Banking Terms and Conditions

Visa provides open banking services that let you share information from your financial accounts with the providers you choose, so those providers can offer their services to you. The Visa open banking services are operated by Visa Inc.’s Affiliate company, Tink U.S. Inc.

IMPORTANT: Please read these terms for using the Visa open banking services ("Terms") carefully. By letting Visa access your data, you're saying you understand and agree to these terms. These terms replace any prior terms for Visa's open banking services.

In these Terms:

“You” and “your” means the person using our services, also known as the user.
"We", “our”, or "us" refers to Visa Inc., our Affiliates, and our service providers, as applicable. An “Affiliate” means companies that are directly or indirectly controlled by Visa Inc. through ownership.
"Services" means account information services, payment initiation services, and other related open banking solutions we provide that you choose to use.
“Login Details” means the user name and password you use to access your financial accounts at banks or other service providers.

1. GENERAL

By using our Services, you're saying you've read, understood, and agree to these Terms.
To use the Services, you must be:
1. at least the age of majority according to the laws of where you live;
2. a resident of the United States (including its territories); and
3. able to access the internet.
By using the Services, you give us your explicit consent and authorize us to use the Login Details you give us to access your accounts at banks or other service providers (“Financial Providers”). We will access your accounts at your instruction, which is based on the Service you choose. If your Login Details give you access to accounts you hold together with someone else, this access includes those accounts.
We provide our Services through our customers (“Provider(s)") who offer their own services to you ("Provider App(s)”). We're only responsible for our Services, not theirs. Provider Apps are covered by your agreement with the Providers, not these Terms.

2. THE SERVICES

Account Information Services: Our account information services let you quickly identify yourself and ask us to fetch information from your accounts. We then give this information to your Providers so they can offer their services to you.

3. FEES

We offer our Services for free. But remember, your Providers, Financial Providers, mobile phone operator, or internet provider might charge you fees. You will pay any fees for the Provider Apps directly to those Providers.

4. YOUR RESPONSIBILITY

By using our Services, you're agreeing to:
1. Follow these Terms and all relevant laws;
2. Keep your Login Details and devices safe, and tell us right away if you think someone has used them without permission;
3. Not copy, change, share, or publish any content from our Services;
4. Use our Services only for the purposes for which they're intended;
To use our Services, you also agree:
1. to give us accurate, up-to-date, and complete information;
2. that the information you give us doesn't infringe the rights of anybody else or break any laws;
3. that you're the legal owner, or an authorized user, of the accounts you access through our Services;
4. that you have the authority to let us act on your behalf, use our Services, and give us your Login Details and all other information you provide. You designate us as your agent to access your chosen Financial Provider sites to get your information and use it for our Services;
5. to give us more information if we ask for it, so we can follow the law, including anti-money laundering rules. If you don't, we might have to stop providing our Services to you;
6. that we can monitor how you use our Services, to make sure we're following the law, including anti-money laundering rules.
7. YOU ACKNOWLEDGE AND AGREE THAT WHEN WE OR OUR SERVICE PROVIDERS ACCESS AND RETRIEVE INFORMATION FROM YOUR FINANCIAL PROVIDER ACCOUNTS, WE ARE ACTING AT YOUR REQUEST AND WITH YOUR PERMISSION AND AUTHORIZATION, AND NOT ON BEHALF OF THE FINANCIAL PROVIDERS.

5. USER CONDUCT.

When using our Services and the information provided through them, you must not:
1. use them for any fraudulent activities, like selling counterfeit or stolen items, or impersonating another person or entity;
2. use them to spread false, defamatory, abusive, vulgar, hateful, harassing, obscene, profane, threatening content, invade someone's privacy, or violate anyone's rights;
3. create liability for us, or cause us to lose our service providers’ Services to us;
4. copy, emulate, clone, rent, lease, sell, commercially exploit, modify, decompile, disassemble, distribute, reverse engineer or transfer the Services or any part of them; or
5. disrupt our Services or do anything that imposes an unreasonable or disproportionately large burden on the Visa systems, as determined by Visa in its sole discretion.

6. YOU ARE RESPONSIBLE FOR YOUR THIRD PARTY ACCOUNTS.

Your relationship with your Financial Provider is governed by your agreement with your Financial Provider, and not these Terms. These Terms don't change that agreement. You need to make sure using our Services doesn't violate your agreement with your Financial Provider. If you have any questions about your Financial Provider accounts, you should ask your Financial Provider.

7. THIRD PARTY SERVICES; NO ENDORSEMENTS

Any links to third-party sites are for your convenience, and we don't endorse or sponsor those sites. Any third-party services you can access through our Services are the responsibility of those third parties. We aren't responsible for any transactions or inquiries you make on third-party sites.
We don't endorse or sponsor, and aren't responsible for, any financial institutions, payment networks, digital wallet operators, or other third parties you might use with our Services. This includes your Provider Apps. Our Services might be available through third parties, including their websites or apps, and might let you link to or access these third parties or their websites, content, and resources, including social media. Keep in mind, we don't control or necessarily agree with these third parties or their websites, content, or resources, which are provided by companies or people other than us. We're not responsible if these websites, content, or resources are available. We're also not liable for any costs, losses, or damages you might incur from these third parties, including their websites, content, resources, or your use of their Services.

8. VIOLATION OF TERMS.

We reserve the right to suspend you from using the Services, or end your use of the Services, at any time, without notice, if we think you've violated these Terms or used our Services in a way that could harm us or someone else.
We can also block your use of the Services if we suspect you're using them without authorization, if your use threatens our Services' security, or if we suspect fraudulent or illegal activity.

9. HOW WE USE YOUR PERSONAL INFORMATION

Our provision of the Services includes processing of your personal information. Please read our Privacy Notice for information about how we process your personal information.
Aggregated Data. Anonymous, aggregated information may be used by us and our service providers to conduct certain analytical research, performance tracking and benchmarking. We may use such information for certain permitted business purposes such as helping to improve products and services and assisting in troubleshooting and technical support. Anonymous, aggregated information does not include your personal information.

10. DISCLAIMERS

OUR SERVICES, IN WHOLE AND IN PART, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING WARRANTIES OF TITLE AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT GUARANTEE THAT OUR SERVICES ARE VIRUS-FREE OR THAT ACCESS TO THE SERVICES WILL BE FREE FROM INTERRUPTIONS. WE DO NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY OF YOUR DATA WILL BE ACCURATE OR COMPLETE OR THAT WE WILL MAINTAIN ANY DATA WITHOUT LOSS. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU ASSUME SOLE RESPONSIBILITY AND RISK FOR YOUR USE OF OUR SERVICES, AND THE RESULTS AND PERFORMANCE OF OUR SERVICES.
The Services are strictly educational; they are not intended to provide legal, tax, or financial advice. We aren't offering accounting, investment, tax, legal, or other professional services. If you need professional advice, including financial, please seek out a competent professional. We and our service providers specifically disclaim responsibility for any liability, loss, or risk you might incur by using the Services or the content we provide. We're also not responsible for any decisions you make regarding credit, insurance, employment, or investments, or any damages or losses resulting from your decisions. Past performance does not guarantee future results. We and our third-party providers do not warrant that our Services meet the requirements of the FINRA or any other organization anywhere in the world.
Any content or information we provide in the Services is only for informational purposes, does not represent an official record of your account, might not reflect your most recent transactions, and should not be relied on for transactional purposes.

11. LIMITATION OF LIABILLITY

YOU AGREE THAT WE AND OUR AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AUTHORIZED AGENTS AND OUR SERVICE PROVIDERS (COLLECTIVELY, THE “VISA PARTIES”) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOST OR INACCURATE DATA OR OTHER LOSSES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE SERVICES AT OUR WEBSITE/MOBILE APPLICATION OR OF ANY THIRD PARTY ACCOUNT PROVIDER'S WEBSITE/MOBILE APPLICATION; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICES, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, (v) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES, (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES, OR (vii) ANY OTHER MATTER RELATING TO THE SERVICES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE VISA PARTIES' CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS OR (B) US$100 (OR EQUIVALENT IN LOCAL CURRENCY).
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, LIABILITIES AND DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE VISA PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTHING IN THESE TERMS EXCLUDES THE VISA PARTIES’ LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE, (B) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (C) ANY MATTER WHICH IT WOULD BE ILLEGAL FOR THE VISA PARTIES TO EXCLUDE OR LIMIT OR ATTEMPT TO EXCLUDE OR LIMIT LIABILITY.

12. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless the Visa Parties from and against any and all third party claims, liabilities, damages, losses or expenses, including settlement amounts and reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

13. OWNERSHIP RIGHTS.

We and our licensors own all rights to the Services. This includes copyrights, trademarks, and other rights related to intellectual property, including under international law. All rights not expressly given to you in these Terms are retained by us and our licensors. These terms don't give you any rights to use any of our or any other third party's trademarks, service marks, logos or other indicia of origin.

14. ABOUT THESE TERMS.

Changes. We can change, modify, suspend, improve, or discontinue any or all parts of the Services, or change these terms, at any time. We're not liable to you or any third party for these actions. We may notify you of any significant changes on our website by providing a link to the revised Terms. If you continue to use the Services after we've changed the terms, it means you've accepted the new terms.
Term and termination. These Terms last as long as we're providing you with the Services. You may terminate your use of the Services and our authorization to access your accounts at any time by contacting us at [email protected].
Assignment. We have the right to assign or transfer these Terms and our rights and obligations under these Terms. We can also hire subcontractors to fulfill our obligations. You can't assign your rights or obligations under these Terms.
Waiver. If we don't exercise or enforce any provision or right in these terms, it doesn't mean we're waiving that provision or right.
Entire Agreement. These Terms are the entire agreement between you and us regarding your use of the Services.
Severability. If any part of these Terms is deemed unlawful, void (including by virtue of law) or for any reason unenforceable by a court, that part is considered separate from the rest of the Terms and shall not affect the rest of the terms' validity and enforceability.
Withdrawing your consent: If you want Visa to stop retrieving your information, reach out to us at [email protected]. In order to verify your information, we may ask you to reach out to your Provider in addition or instead.
Relationship of the Parties. These Terms don't create a joint venture, partnership, employment, or agency relationship between you and us, and you can't create any obligation or make any representation on our behalf.
Interpretation. Headings and captions are just for convenience only and shall not be considered included for purposes of interpretation. Words like "herein" refer to all these Terms, not just specific parts. "Including" means "including, without limitation". Singular includes plural, and plural includes singular.

15. NOTICES.

By using the Services, you agree that we provide notices and other disclosures related to the Services by electronic communications. All electronic communications from us to you are deemed to be communications "in writing" and are deemed to be delivered to you on the earlier of the date you receive them or five days from the date we post or send them. We are not obligated to provide any additional hard copy communications to you related to your use of the Services. You also authorize us to act on any instructions you give us electronically.

16. EXPORT RESTRICTIONS.

You agree that the Services and any software used in the Services must follow U.S. Export Administration Regulations (15 CFR, Chapter VII). You won't send the software or Services, directly or indirectly, to: (1) any countries the U.S. has export restrictions for; (2) anyone who's been prohibited from participating in U.S. export transactions by any U.S. government agency; or (3) anyone you know or suspect will use them to make nuclear, chemical or biological weapons. You also agree that the Services may include technical data that U.S. law restricts from being exported or re-exported.

17. DISPUTE RESOLUTION & GOVERNING LAW.

IMPORTANT: THIS SECTION CONTAINS AN ARBITRATION CLAUSE. This means any claim related to the Services or these Terms will be resolved by binding arbitration. Neither you nor we can take these claims to court or have a jury trial. Claims can only be arbitrated individually. Pre-hearing discovery rights and post-hearing appeal rights will be limited, but the arbitrator can award damages and relief as allowed under these Terms.

You and we agree that:

Any dispute or claim related to the Services or these Terms will be resolved through binding arbitration; except that, if a US resident (and your claims qualify), you may assert claims in small claims court. If you have a dispute with your Financial Provider(s) or App Provider(s), you must resolve that dispute with them.
Any arbitration will be administered by JAMS according to its Comprehensive Arbitration Rules and Procedures if you live in the US, and JAMS’ International Arbitration Rules if you live outside the US. You can get a copy of these rules by contacting JAMS at 1-800-352-5267, by writing to JAMS at 620 Eighth Avenue, 34th Floor, New York, NY 10018 or online at www.jamsadr.com or www.jamsinternational.com/.
ANY CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS. NEITHER YOU NOR WE CAN JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHERS UNLESS BOTH YOU AND WE AGREE IN WRITING. NEITHER YOU NOR WE CAN ARBITRATE AS A REPRESENTATIVE OR MEMBER OF A CLASS. BY AGREEING TO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION.
The party that starts the arbitration will choose whether the arbitration will be conducted by telephone, online, and/or based on written submissions; the arbitration will not require any personal appearance unless both parties agree. The arbitrator will be agreed upon by you and us. If we can't agree, the arbitrator will be appointed according to JAMS procedures.
If a dispute goes to court instead of arbitration, you and we both waive any right to a jury trial.
You can hire an attorney if you want, but you don't have to. Each party will pay its own attorney fees and costs, unless the arbitrator awards them under applicable law. The party that starts the arbitration will pay the filing fee (unless JAMS waives it due to hardship). We will pay all other fees related to the arbitration, through payment directly to JAMS. At the end of the arbitration, the fees paid by us may be allocated between you and us at the direction of the arbitrator in compliance with JAMS procedures.
The arbitrator will decide all issues, including issues related to the scope and enforceability of this arbitration provision. Any decision of the arbitrator shall be final. Judgment on the award may be entered in any court with jurisdiction. This clause shall not stop parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Our liability is limited as described in Section 11 above, to the fullest extent permitted by applicable law.
If this arbitration provision is found to be unenforceable, or if the waiver of class action rights is found to be unenforceable in a case with class action allegations, then any dispute related to these Terms or your use of the Services will be resolved in a state court with competent jurisdiction in Delaware.
The arbitrator cannot award punitive or exemplary damages, except as may be required by law, or any pre-award interest; nor may the arbitrator award any incidental, indirect or consequential damages, including damages for lost profits or harm suffered by third parties. Any relief awarded cannot affect other users of the Services. You and we agree that these Terms evidence a transaction involving interstate commerce.
Governing Law. These Terms, and the rights of you and us, are governed by and construed in accordance with the laws of the State of Delaware without regard to its or choice of law rules.
Despite the Governing Law provision above, any arbitration conducted under these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).

CONTACT US.

If you have any questions or concerns about the Services, please contact us at [email protected] or by mail at Visa Inc., 900 Metro Center Blvd., Foster City, CA 94404-2172, USA.

Last Updated: January 26, 2024