PLEASE READ THESE TERMS CAREFULLY BEFORE REGISTERING TO ACCESS THE SANTANDER DEVELOPER PORTAL. THEY FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US.
These terms of use explain how you may access and use the Santander’s open application programme interface (“Open API”) via our developer portal (known hereafter as the “Santander Developer Portal”) for developing products to allow you to provide account information and payment initiation services in accordance with the Payment Services Directive 2017 (“PSD2”).
The terms set out below and in the privacy statement at https://developer.santander.co.uk/sanuk/external/privacy (together the “Agreement”) are effective as of the date you (“you”) click to accept this Agreement (the "Effective Date"). If you are accepting in this way, you represent and warrant that: (i) you are 18 years of age or older; (ii) you have full legal authority to enter into this Agreement; (iii) you have read and understand this Agreement; (iv) you understand the Open API and Santander Developer Portal are for business use by developers and are not targeted at consumers; and (v) you agree to the terms of this Agreement. Otherwise, please do not click to accept. This Agreement govern your access to and use of the Open API and the Santander Developer Portal. You are also responsible for ensuring that all corporate or natural persons who use the Open APIs and access the Santander Developer Portal through your internet connection are aware of the terms of this Agreement and other applicable terms and conditions, and that they comply with them.
Who we are and how to contact us
In this Agreement, “Santander” or “we”, means Santander UK plc, registered in England and Wales under company number 2294747. Our registered offices are located at 2 Triton Square, Regent’s Place, London, NW1 3AN. We are authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. Our Financial Services Register number is 106054.
We may make changes to this Agreement
We may make amendments to this Agreement from time to time and you agree to be bound by such amendments. Every time you wish to use the Santander Developer Portal, you agree to check this Agreement to ensure you understand the terms that apply at that time.
We may make changes to the Open API
We may in our sole discretion make updates and modifications to the Open API. We may notify you of specific modifications to the Open API, including new versions, by posting information regarding those modifications on the Santander Developer Portal. A modification is deemed accepted by you when you use the revised Open API or when you next login to the Santander Developer Portal (whichever is earlier) after the modification has been made.
Suspension of Services
The Open API and Santander Developer Portal are made available free of charge. We do not guarantee that the Open API and Santander Developer Portal, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of it at any time for business, operational, or any other reason. We will try to give you reasonable notice of any suspension or withdrawal.
You must keep your account and contact email details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. 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 reasonable opinion you have failed to comply with any term of this Agreement, or if you use the Open API or the Santander Developer Portal in any way that causes or may cause harm to Santander or another person, or for any other reason we deem appropriate, at our sole discretion. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at openbankingAPI@santander.co.uk.
How you may use material in the Santander Developer Portal
We or our licensors are the owner of all copyright and other intellectual property rights of the Open API. We reserve all rights in and to both the open API and Santander Developer Portal. You must not place or create any liens, claims or encumbrances on the Santander Developer Portal or Open API.
Open API Licence
Subject to this Agreement, we grant you a non-exclusive, royalty free, non-sub-licensable, revocable licence to use the Open API and Santander Developer Portal for the sole purpose of: (a) accessing and logging into the Open Bank API Exchange; and (b) using the Open APIs to develop and test applications (the “Open API Licence”).
Except as permitted under your API Licence, you cannot (and shall not permit any third party to) copy, adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections to the Santander Developer Portal and/or Open API in whole or in part.
Permitted Use
Payment account information accessed in accordance with clause 7 of this Agreement can be reviewed as frequently as reasonably required, without the customer being present, provided you have agreed this with the customer.
Premium APIs
Santander reserves the right to introduce future API’s beyond the functionality of the Open API (a “Premium API”). Charges and access for these Premium API’s are not covered under this Agreement and will form the basis for future commercial discussions between the parties.
No warranties, no back up and no responsibility for your use of the Open API or the Santander Developer Portal
Except as expressly set out in this Agreement, Santander makes no warranties or assurances about the Open API or Santander Developer Portal. For example, we do not make any commitments about their reliability, availability, or ability to meet your needs or that they are free from errors or omissions. We provide the Open API and Santander Developer Portal “as-is” and you use it at your own risk. To the extent permitted by law, we exclude all warranties, guarantees, conditions, representations, and undertakings.
We are not responsible for websites we link to
When the Santander Developer Portal contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you obtain from them. We have no control over the contents of those sites or resources.
Your commitment to Santander
You warrant and represent that:
- All information provided does not contain viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful;
- All information you give us in connection with your access to the Santander Developer Portal and Open API is accurate, correct and up-to-date;
- You will not be defamatory of any person;
- You will not promote discrimination based on race or otherwise;
- You will use the Santander Developer Portal and Open API at all times in compliance with applicable law;
- Except to the extent expressly permitted under this Agreement, you will not attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Open API;.
- You will not attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Open API;
- You will not infringe any intellectual property right of any other person; and
- You will not upload personal data or include data that you do not have consent to upload.
13. Our responsibility for loss or damage suffered by you
13.1 Nothing in this Agreement excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.
13.2 We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- your use of, or inability to use, the Santander Developer Portal; or
- your use of or reliance on any content accessed through the Open API.
13.3 We will not be liable for (in each case, whether arising directly or indirectly):
- loss of profits, sales, business, or revenue;
- business interruption;
- loss or corruption of data;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation, nor will we be liable for any indirect or consequential loss or damage.
13.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer, computer programs, data or other proprietary material due to your use of the Open API or to your access of the Santander Developer Portal.
13.5 Subject to the foregoing, Santander’s total aggregate liability, whether in contract, tort (including negligence and breach of statutory duty, howsoever arising), misrepresentation (whether negligent or innocent), restitution or otherwise, arising under or in connection with this Agreement shall be limited to £250.
How we use your personal information
We will only use your personal information as set out in our privacy statement referred to above in the opening paragraphs. You may only use simulated, anonymous, non-live data when testing in the Santander Developer Portal. You may not use real customer data or real transactions and you shall be solely responsible for all liability and loses associated with failure to comply with such prohibition.
Our trademark is registered
Santander and the flame logo are registered trademarks. You shall not use any trade mark, trade name or other identifying logo of Santander or its affiliates in any manner or for any purpose without our written consent. You may not imply or represent that you or any product you develop through using the Open API and/or the Santander Developer Portal is in any way connected to Santander, or otherwise refer to the Santander name or associated trade mark(s) in connection with your Contribution or otherwise, without our prior written consent.
Breach of this Agreement
Failure to comply with this Agreement entitles us, without prejudice to other rights in this Agreement to withdraw or suspend use of the Santander Developer Portal and/or Open API. In addition, we may, take all or any of the following actions and the actions we may take are not limited to those described below, and we may take any other action we reasonably deem appropriate:
- Immediate, temporary or permanent withdrawal of your right to use the Santander Developer Portal;
- Immediate, temporary or permanent removal of right to use the Open API;
- Any legal action against you that we deem appropriate; and
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We may exercise these rights to suspend or terminate immediate, or at any point in our sole discretion, without notice.
Which countries Laws apply to any dispute (Governing Law)
This Agreement and any dispute or claim arising out of or in connection with it or its 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 and you and we irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).