Special terms and conditions of use of the "Money Transfer" functionality within the Pago Application (the "Terms")

valid as of 07.02.2022

Note: This is an English translation provided by Pago for convenience. The original legally-binding document is provided in Romanian. In case of any discrepancy, the Romanian version prevails.

All capitalized terms not defined herein shall have the meaning given in the Terms and Conditions of use of the application available here.

Introduction

a) By using the "Money Transfer" functionality within the Application (as defined below) and as a result of explicitly accepting these Terms by checking the corresponding box, we consider that you, the User (as the term is defined below), have read this document, understood its content, and agreed to the clauses stipulated herein.

b) If you have any uncertainties about the meaning of these Terms, please contact us by e-mail at ajutor@pago.ro or via the "Live Chat" option in the "Settings" functionality of the Application.

c) These Terms must be read and interpreted together with the general terms and conditions of the Application, available at Terms and Conditions or via the "Terms and Conditions" option in the "Settings" functionality of the Application (the "General Terms"), and together with the policy on the processing of personal data through the Application, available here or via the "Personal Data Processing" option in the "Settings" functionality of the Application (the "Policy").

d) If you wish to read these Terms directly within the Application, you can access them at any time via the "Money Transfer" option in the "Settings" functionality of the Application. e) These Terms are divided into 2 sections: Section I describes how the "Money Transfer" functionality works, and Section II describes the situations in which you may benefit from a preferential rate for using this functionality.

1. Definitions

1.1. Application – the software application for mobile devices over which the Application Developer (as defined below) holds the rights, through which Users can access the "Money Transfer" functionality; more details about the Application can be found in the General Terms;
1.2. Personal Data – any information defined as such in accordance with art. 1 letter e) of the General Terms;
1.3. Application Developer or "We" – means Timesafe SRL, a Romanian legal entity with its registered office in Voluntari, Erou Iancu Nicolae Road 87-2F, Ilfov County, registered with the Trade Register under no. J23/1658/2016, tax code RO35968582; any verbs, personal pronouns or other expressions used in the first person plural shall refer to the Application Developer;
1.4. Functionality – the "Money Transfer" functionality available in the Application;
1.5. Month – a period of 30 (thirty) consecutive calendar days;
1.6. User or You – any natural person who meets the following cumulative conditions:
(a) is a User within the meaning of the General Terms;
(b) follows the steps described in art. 3 below to activate the "Money Transfer" functionality; any verbs, personal pronouns or other expressions used in the second person singular shall refer to the User;
1.7. Premium Version of the Application and Unlimited Version of the Application – the versions of the Application that can be accessed and that contain the functionalities described in art. 3¹ of the General Terms.

2. General description of the "Money Transfer" functionality

2.1. Through the Functionality, you may transfer money to another User of the Application by following these steps:
2.1.1. accept these Terms, by checking the corresponding box when notified by the Application, upon the first access of the Functionality;
2.1.2. add your mobile phone number to the Functionality and validate it by entering the 6-digit code received by SMS;
2.1.3. add a bank card to the Functionality, linked to a bank account where you have funds you wish to use in connection with the Functionality;
2.1.4. enter or select a phone number to which you want to send or from which you want to request a sum of money via the Functionality;
2.1.5. depending on your role (User who transfers or User who receives money):
2.1.5.1. if you are a User transferring money, you accept payment of the amount entered by you in the Application from your online banking application provided by the issuer of the bank card added at point 2.1.3. above;
2.1.5.2. if you are a User receiving money, you accept the transfer of the amount entered by you in the Application from your online banking application provided by the issuer of the bank card added at point 2.1.3. above.
2.2. Regarding the steps described in art. 2.1. above, you must pay attention to the following:
2.2.1. you cannot use the Functionality if you do not have the Application installed on a mobile device;
2.2.2. the Functionality is not accessible without a mobile phone number and a bank card to be added beforehand in the Functionality, regardless of whether you are a User transferring or receiving money; this information is processed by Us and/or our commercial partners in accordance with the Policy;
2.2.3. even if you already have a bank card added in connection with other functionalities of the Application, you must enter its data or the data of another card upon first access of the Functionality;
2.2.4. the mobile phone number added to the Functionality may belong to any mobile network (in Romania or abroad), but the bank card added to the Functionality must be issued by a financial institution operating in Romania;
2.2.5. when adding the bank card you wish to use in connection with the Functionality, the Application will ask you to validate the card by accepting a non-refundable transaction of 0.2 RON, which will be debited from your card. This step takes place only once, when you add or change the bank card;
2.2.6. for transferring money via the Functionality, you only need to know the mobile phone number to which you want to make the transfer;
2.2.7. you may transfer, receive or request to receive money via the Functionality from individuals in your phone book, as well as from individuals whose number you know or who know your number;
2.2.8. you may transfer or receive a minimum of 5 RON and a maximum of 4,000 RON in aggregate value per Month via the Functionality, regardless of the number of recipients or senders or the number of transfers made or received;
2.2.9. optionally, you may configure a personalized message to be received by the User receiving the money transfer.

3. How money transfers take place

3.1. When you send a sum of money via the Functionality, the transfer usually takes place within seconds.
3.2. As an exception, the money transfer may take longer in the following situations:
3.2.1. if the person receiving the transfer does not have the Application installed, the transfer will take place after that person installs the Application and configures their access to the Functionality. To speed up the process, the recipient receives an SMS containing a link from which they can download and install the Application;
3.2.2. if the person receiving the transfer is not a User of the Functionality, the transfer will take place after that person configures their access to the Functionality. To speed up the process, the Application Developer sends a notification in the Application indicating to that person that a User has transferred money to them;
3.2.3. if the technical systems of the financial institution that issued your card and/or that of the User receiving the transfer delay processing.
3.3. In any of the situations described in art. 3.2. above, you will be informed about the progress of your money transfer and, finally, when the transfer has been successfully completed or, where applicable, could not be carried out.
3.4. In any of the situations described in art. 3.2. above, any transfer made by a User via the Functionality is available to be received in your bank card for a maximum of 24 hours from the initial transfer. If you do not configure your User profile in the Functionality within this time interval, the money will remain in the bank account associated with the bank card of the User who wished to transfer the money to you, and that User will have to re-initiate the transfer.
3.5. You are free to accept or refuse any money transfer request you receive via the Application, without affecting in any way how you may continue to use the Functionality.

4. Applicable fees

4.1. For each money transfer you make using the Functionality, you will pay the Application Developer a commission of 0.99 RON, regardless of the value of the transfer. The commission will be retained by Us at the time of the transfer.
4.2. By way of exception, certain Users of the Application may benefit from exemptions from the payment of the commission indicated in art. 4.1. above:
4.2.1. Users of the Premium Version of the Application may make 1 (one) transfer per Month without paying the commission indicated in art. 4.1. above;
4.2.2. Users of the Unlimited Version of the Application may make 3 (three) transfers per Month without paying the commission indicated in art. 4.1. above.
4.3. The Application also offers the following alternative fees applicable to packages of transfers you may make monthly, based on a fixed commission per package, as follows:
4.3.1. 2.59 RON / month, for the package of 3 (three) transfers included each month; 4.3.2. 3.99 RON / month, for the package of 5 (five) transfers included each month;
4.3.3. 5.99 RON / month, for the package of 8 (eight) transfers included each month.
4.4. For the avoidance of doubt, the commission indicated in art. 4.1. above will not be added to the value of the package chosen from those indicated in art. 4.3. above. 4.5. To pay one of the fees indicated in art. 4.3. above, you must follow the steps described in art. 3¹.6. and following of the General Terms of the Application. Also, if you wish to understand for what period the fee paid pursuant to art. 4.3. above is valid, please read art. 3¹.10 and following of the General Terms of the Application.

5. Errors and notifications you may encounter when using the Functionality

5.1. If you try to send to or request a sum of money from the same phone number as the one you entered as your phone number in connection with the Functionality, the Application will notify you that you cannot send or request money from your own phone number.
5.2. When the bank card added to the Functionality in accordance with art. 2.2.2. above expires, the Application will notify you that you must enter the data of a new valid bank card before you can continue to use the Functionality.

6. Limitation of liability of the Application Developer

6.1. The Application Developer provides only technical support regarding the Functionality, by e-mail (at the address mentioned in the "Introduction" of these Terms) or via the "Live Chat" option in the "Settings" functionality of the Application. As such, We cannot be held liable for the malfunction of the Application or the Functionality except to the extent that a User can prove that such malfunction is attributable to us and has caused them damages that can be quantified in money.
6.2. The Application Developer cannot provide you with a bank card or a mobile phone number that you may use in connection with the Functionality. Likewise, We cannot provide sums of money to be transferred or bank cards associated with accounts where sums of money you wish to receive from Users may be received.

7. Transaction history. Pago Points

7.1. All money transfers sent or received via the Functionality are available in the transaction history within the Application.
7.2. Upon initial configuration of the Functionality in the Application in accordance with art. 2.2. above, you will receive 200 Pago Points which you may use in accordance with the Regulation available here or via the "Pago Points Regulation" option in the "Settings" functionality of the Application.

8. Other entities involved in providing the Functionality

8.1. In developing, implementing and managing the Functionality, the Application Developer integrates the products and services of the following entities:
8.1.1. Romcard S.A. – all information about Users' bank cards used within the Functionality is securely stored on the servers of the payment processor Romcard S.A., the largest and most experienced online and offline card payment processor in Romania. Payment information is captured directly in screens stored on Romcard S.A.'s servers and is not transmitted back to the User's terminal or to any other system, including the Application Developer's systems. More details about Romcard S.A. can be found here
8.1.2. Banca Transilvania S.A. – the Functionality was developed in collaboration with Banca Transilvania, the largest bank in Romania. Transaction limits and transaction checks for compliance with applicable legislation are carried out in collaboration with the bank.
8.2. Certain aspects of the Functionality, such as the receipt of the sum of money transferred by you to another User, depend on the technical systems and other regulatory requirements applicable to the issuer of the bank card of the User receiving the transfer. If they inform you that they have problems receiving the money, please notify us and also instruct them to contact the issuer of their bank card.

9. Activity of the Application Developer

9.1. The Application Developer is responsible for securing the Application and the information transmitted by Users. To the extent that the User suspects that the security of their activity in the Application could be affected in the process of using the Functionality, they shall immediately notify the Application Developer by e-mail at the address mentioned in the "Introduction" of these Terms.
9.2. The Application Developer, at the instructions of one of the entities indicated in art. 8 above, has the right to request from the User any additional document and/or information in order to eliminate fraud in the use of the Functionality, by using the identification data transmitted by the User within the Application.
9.3. In the absence of the presentation of the documents and information requested in accordance with art. 9.2. above, the User understands that the Application Developer has the right to limit, partially or totally, the use of the Functionality. Also, in case of suspected fraud, the Application Developer may totally or partially, temporarily or permanently, block the receipt or transmission of a money transfer.
9.4. The Application Developer is not liable for any damage (direct or indirect) caused to the User or to any other third party on whose behalf and/or for whose benefit the User has the right to use the Functionality, regarding the use thereof and the information it contains, or for any other damage or injury caused by errors, omissions, defects, delays or interruptions in operation or transmission, viruses or any other similar factors, including without limitation those caused as a result of the blocking of transfers in accordance with art. 9.3. above.
9.5. We strive to respond as soon as possible to any help request submitted via the channels indicated in these Terms, but within the limits indicated in accordance with art. 3¹. of the General Terms, depending on the Premium Version or Unlimited Version of the Application held.

10. User activity

10.1. The User has the obligation to read these Terms, the General Terms and any other documents made available to them, in connection with the Functionality, within the Application, and to request additional details regarding them from the Application Developer.
10.2. In using the Functionality, the User has the obligation to provide only real and current data regarding the mobile phone number and the bank card used and over which the User has the right of disposal. All data requested in connection with the Functionality are mandatory, unless otherwise provided in the Application.
10.3. The User understands and accepts that, given the execution of money transfers by card within the Application, the Application Developer has no obligation to the User to bear any of the costs related to the refusal of the transfer by the issuing institution of their bank card or of the bank card entered in the Functionality by the User receiving the transfer, and that it is not liable in any way to the User in this situation.