Terms and Conditions

The terms and conditions relate solely to your use of Fiserv’s EMEA Developer Portal located at the following URL addresses:

• https://fiserv.dev
• https://docs.fiserv.dev

(collectively referred to as the “Portal” including any updates or extensions to the above shown URL addresses)

The Portal is made accessible, owned and operated by Fiserv (“Fiserv”, “we” or “us”).

By using the Portal, you are agreeing to accept and comply with these terms and conditions of use, as stated in these sections 1 to 19, inclusive (these "Terms") at all times. YOU MUST READ THESE TERMS AND FISERV’S PRIVACY NOTICE (AVAILABLE AT: https://fiserv.dev/privacy-policy) FULLY BEFORE YOU USE THE PORTAL. Please contact Fiserv at hello@fiserv.dev with any questions you may have.

We reserve the right to withdraw or restrict your access to some or all parts of the Portal or amend the Portal without notice (see below) at any time. If the need arises, we may suspend access to our Portal, or close it indefinitely. We will not be liable if for any reason our Portal is unavailable at any time or for any period.

If you choose, or you are provided with, a user identification code, password or any other credentials as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you believe that your credentials have been lost or stolen or that someone may attempt to use them to access the Portal without our consent, you must notify Fiserv at once at the following email address: hello@fiserv.dev

You are responsible for making all arrangements necessary for you to have access to our Portal. You are also responsible for ensuring that all persons who access our Portal through your internet connection are aware of these terms, and that they comply with them.

The Portal is not offered to any person under the age of 18. If you are under the age of 18, you must have obtained the legal consent of your parent or legal guardian to use the Portal and enter into these Terms.

We are the owner or the licensee of all intellectual property rights in the Portal, and in all the material published or available on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off a copy, and download extracts, of any page(s) from the Portal for your personal reference and you may draw the attention of others within your organisation to material posted on the Portal.

You must not edit the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of material on our Portal must always be acknowledged.

You must not use any part of the materials on our Portal for commercial purposes without obtaining a license to do so from us or our licensors (see section 17 – ‘No commercial use of Portal’, below).

If you print off, copy or download any part of the Portal in breach of these terms of use, your right to use the Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Commentary and other materials posted on our Portal are not intended to amount to advice. In particular, no representation is made that the information on the Portal is accurate or complete. We are not responsible for any consequences arising from reliance on such information and disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Portal, or by anyone who may be informed of any of its contents.

We aim to update our Portal regularly, and may change the content at any time. However, any of the material on our Portal may become out of date at any time and we are under no obligation to update such material.

THE MATERIAL DISPLAYED ON OUR PORTAL IS PROVIDED "AS IS" WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, WE, OTHER MEMBERS OF OUR GROUP OF COMPANIES AND THIRD PARTIES CONNECTED TO US HEREBY EXPRESSLY EXCLUDE:

(A) ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY.

(B) ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR PORTAL OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR PORTAL, ANY PORTALS LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR:

1. loss of income or revenue;
2. loss of business;
3. loss of profits or contracts;
4. loss of anticipated savings;
5. loss of data;
6. loss of goodwill;
7. wasted management or office time; and
8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

We process information about you in accordance with our privacy notice at https://fiserv.dev/privacy-policy. By using our Portal, you warrant that all data provided by you is accurate.

Whenever you make use of a feature that allows you to upload material to our Portal, or to make contact with other users of our Portal, you must comply with the content standards set out in these Terms or any standards set out on the Portal. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.

Other than personal data, which is covered by our privacy notice at https://fiserv.dev/privacy-policy, any material you upload to our Portal will be considered non-confidential and non-proprietary, and we shall have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you on our Portal.

We have the right to remove any material or posting you make on our Portal if, in our opinion, such material does not comply with the content standards set out in these Terms or as stated on any part of the Portal.

You must not misuse our Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal. You must not attack our Portal via a denial-of- service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 (as amended). We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Portal will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Portal or to your downloading of any material posted on it, or on any website linked to it.

Our Portal must not be framed on any other website, nor may you create a link to any part of our Portal other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in these terms of use.

Where our Portal contains links to other sites and/or resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and do not endorse them or make any representations about them. If you do decide to access any such sites or resources linked to our Portal, you do so entirely at your own risk. We accept no responsibility for them or for any loss or damage that may arise from your use of them.

You must not use the Portal:

1. In any way that breaches any applicable local, national or international law or regulation.
2. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
3. For the purpose of harming or attempting to harm minors in any way.
4. To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards set out below in these terms of use.
5. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
6. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

   
   You also agree:

7. Not to reproduce, duplicate, copy or re-sell any part of our Portal in contravention of the provisions of these terms of use;
8. Not to access without authority, interfere with, damage or disrupt any part of our Portal including any equipment, infrastructure or software used to provide the Portal.

We may from time to time provide interactive services on our Portal, including, without limitation:

1. Chat rooms
2. Bulletin boards
3. Quick polls
4. RSS feeds

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our Portal, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Portal, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

These content standards apply to any and all material which you contribute to our Portal (“Contributions”), and to any interactive services associated with it.

Contributions must:

1. Be accurate
2. Be genuinely held (where they state opinions).
3. Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

1. Contain any material which is defamatory of any person.
2. Contain any material which is obscene, offensive, hateful or inflammatory.
3. Promote sexually explicit material.
4. Promote violence.
5. Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
6. Infringe any copyright, database right or trade mark of any other person.
7. Be likely to deceive any person.
8. Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
9. Promote any illegal activity.
10. Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
11. Be likely to harass, upset, embarrass, alarm or annoy any other person.
12. Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
13. 13. Give the impression that they have been made by us or are made with our endorsement.
14. Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Failure to comply with these Terms (as decided by us) may result in our taking all or any of the following actions:

1. Immediate, temporary or permanent withdrawal of your right to use our Portal.
2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Portal.
3. Issue of a warning to you.
4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
5. Further legal action against you.
6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

WE EXCLUDE LIABILITY FOR ACTIONS TAKEN IN RESPONSE TO BREACHES OF THESE TERMS OF USE. THE RESPONSES DESCRIBED IN THESE TERMS OF USE ARE NOT LIMITED, AND WE MAY TAKE ANY OTHER ACTION WE REASONABLY DEEM APPROPRIATE.

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, our Portal although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

These terms cover the use of our Portal as a sandbox tool only, they are not intended to cover and do not cover the use of the Portal or the APIs in a production environment/ go-live which shall be subject to a separate contract between Fiserv and you or your employer.

We may revise these Terms of use at any time by amending this page without notice to you. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on our Portal.

If you have any concerns about material which appears on our Portal or have questions, comments and requests regarding our terms of use please contact hello@fiserv.dev or address your queries to Fiserv, Janus House, Endeavour Drive, Basildon, Essex, SS14 3WF.