End User License Agreement

1. General

1.1. The End User License Agreement (“Agreement”) is made by and between you and the Bank. The Agreement regulates the relationship between you and the Bank regarding your use of the Application provided by the Bank, as well as the Website.

1.2.  Agreements executed between the Bank and the customer and existing "Tariffs" (“Standard Terms”) regulate the use of customers' accounts in the Bank, as well as other banking services provided by the Bank. Standard Terms are an integral part of this Agreement. If the Standard Terms conflict with this Agreement, this Agreement will be applied.

2. Terms and definitions

2.1. Bank – “Bank BTB” is an Open Joint Stock Company;

2.2. User or You - is an individual or legal entity registered in BTB Mobile;

2.3. BTB Mobile - is an Application and/or Website allowing you to manage accounts and perform various banking operations online without visiting the Bank;

2.4. Application - “BTB Mobile” mobile application, all ownership and intellectual property rights, including object and source text codes of which belong to the Bank;

2.5. Website - “BTB Mobile” website owned by the Bank.

3. Who are we?

3.1. Bank is a legal entity established under the laws of the Republic of Azerbaijan, engaged in banking activities in accordance with the said laws and its charter, the main purpose of which is to make a profit.

3.2. The full name and details of the bank are as follows:
Full name: “Bank BTB” Open Joint Stock Company;
TIN: 1302164881;
Address: Y. Safarov str., 27, Khatai, Baku, Azərbaycan AZ1025;
License: Bank license number 254 was issued in 2010;
Contact: “946” Customer Service; from abroad (+99412) 499-79-95; https://btb.az;
You can get more details about the registered taxpayers here.

4. Registration on BTB Mobile

4.1. By downloading the Application via mobile devices, as well as using other electronic means and accessing the Website, the User can register in BTB Mobile and create an electronic cabinet under the procedure established by the Bank.

4.2. When registering with a payment card, the User can use only its own payment card issued in the Republic of Azerbaijan.

4.3. The Bank will grant you a non-exclusive license to use BTB Mobile on a mobile device or another electronic device that you own, control or use the Application or the Website under this Agreement. The term of this license will start from the date of your registration with BTB Mobile and continue under the terms specified by this Agreement.

5. Obtaining permits for use and access from BTB Mobile

5.1. The User can perform transfers, online payments, management of bank accounts and payment cards, creation of virtual bank cards, internet banking, as well as other banking operations provided by the Bank via BTB Mobile. In order to perform operations, the Bank may request the following access permits from you:

Access permits for camera, location and other functions

As a bank, we may request access to your mobile device`s bluetooth, location, keyguard, phone state, system alert window, calendar, camera, contacts, microphone, push notifications, sensors, SMS messages, social media accounts, external storage, and other functions. Some of these access permits are required for the following purposes:
Bluetooth - to use NFC (near-field communication) via BTB Mobile;
Location - to determine the coordinates of the user`s location, find the nearest partner entities, as well as bank branch or ATM, use the online queuing system at the said branch and provide other banking services;
Keyguard - to protect PIN code and other security data;
Phone state - to identify if a mobile device is locked;
System alert window - to activate or deactivate the screenshoot function;
Camera - to scan cards, QR codes, ID cards and other documents, as well as make payments through QR code and perform other operations;
Contacts - to transfer to friends, share receipts, use the services of mobile operators (top up balance, etc.), as well as transfer (transmit) codes or other data to third parties;
External storage - to store receipts after payments and download QR images from the mobile device`s gallery, as well as choose a photo for the electronic cabinet;
Wake lock - to keep the device unlocked (open screen);
Push notifications - We may ask for your permission to send notifications about your account and Application. If you want to refuse to receive those notifications, you can deactivate the notification function from the settings section of your mobile device.

Links to other websites

This service may contain links to other websites. If you click on a third-party link, you will be redirected to that Website. Please note that these external websites are not managed by us. Therefore, we strongly recommend reviewing the privacy policies of the respective websites. We have no control over the content, privacy rules or applications of third party websites or services, and we, as the Bank, are not responsible for any related incidents.

Marketing communication and interaction with other users

We may share your data (for marketing purposes) with third parties with your consent, as permitted by law. You can cancel your consent at any time. If you interact with other users of the Application, those users may see your name, profile picture, your sending invitations to other users, chatting with other users, liking posts and your other activities, including blogging.

5.2. In order to optimize and facilitate the use of BTB Mobile, we can offer you an option of using your fingerprint or other personal biometric data.

5.3. We can change the purpose and number of access permits listed above, as well as require access to this or other data in order to hold various competitions, prize campaigns, contests and surveys. If you want to change your access permit, you can do it from the settings of your mobile device. If you change the settings, in case suspend (cancel) the access permit, you may lose the opportunity to use the services provided by the Bank.

6. User rights and responsibilities/p>

6.1. The User should:

6.1.1. take all possible measures to prevent the loss, theft or loss of ownership in any form of the User`s mobile device and/or SIM-card, as well as its illegal use by third parties;

6.1.2. in case of loss, theft or loss of ownership in any form of the User`s mobile device and/or SIM-card, as well as illegal use by third parties, immediately contact the Bank`s “946” Customer Service or from abroad Tel: (+99412) 499-79-95;

6.1.3. use Internet/mobile banking services under the laws of the Republic of Azerbaijan, this Agreement, as well as the regulations (requirements) established and/or to be established by the Bank;

6.1.4. acknowledge the right of the Bank to unilaterally amend this Agreement and/or internet/mobile banking policy. The date of posting the changes in internet/mobile banking, as well as in the e-cabinet of BTB Mobile shall be considerd to be the day of its acknowledgement by the User.

6.2. 6.2. The User is entitled to:

6.2.1. perform operations using BTB Mobile;

6.2.2. In case of any requests or objections to any transaction made via BTB Mobile, contact the Bank`s “946” Customer Service.The request or objection may be filed within 45 days from the date of the relevant transaction. Requests or objections addressed to the Bank after the deadline will not be considered or responded.

7. Legal force of documents and transactions

7.1. Electronic documents approved during performance of transactions via BTB Mobile have the equal legal force as the relevant documents approved by the User`s personal signature in hard copy, and approval of transactions via BTB Mobile shall be considered an analogue of the User`s signature and has the equal legal force as their personal signature.

7.2. Performance of appropriate actions (approvals), use of fingerprints or other personal biometric data by the User for the purpose of making transactions, as well as obtaining access permits for transactions shall be considered an analogue of the User`s personal signature and has the equal legal force as their personal signature.

7.3. The User acknowledges that the electronic documents approved during transactions made via BTB Mobile are considered evidence in resolving disputes.

8. Confirmations and representations

8.1. The User confirms and represents that the data entered during registration with or use of BTB Mobile is complete and correct, as well as all data belongs to them personally. The User is responsible for the risks that may arise regarding the incorrect entry of details, amounts or other data, as well as the use of data that does not belong to them by the User during the transactions made via BTB Mobile.

8.2. The User shall take measures to ensure the confidentiality, security, as well as non-disclosure of personal identification data during transactions made via BTB Mobile. The Bank will take measures to ensure the security of data exchange, however the Bank shall not be responsible for any damage (loss) caused to the User or third parties regarding the use of such data by third parties for reasons beyond the Bank`s control.

8.3. The Bank is not responsible for any damage caused to the User as a result of loss, theft or loss of ownership in any form of its mobile device and/or SIM-card, illegal use by third parties. In this case, the User is responsible for the damage caused to the Bank or third parties.

8.4. The User is responsible for all risks that may arise while performing operations and/or signing documents via Internet/mobile banking. Therefore, the Executor shall be aware of the terms and tariffs before performing all the operations and shall approve the operation only after all the terms are clear to them.

8.5. The User may not use BTB Mobile for illegal, degrading, inappropriate or threatening purposes, use of prohibited (restricted) goods and services, as well as payments for sports betting and gambling. The User is responsible for such transactions and their consequences. If the Bank detects such transactions, it may block the transactions made via BTB Mobile, suspend the use of BTB Mobile, as well as impose certain limits or restrictions depending on the type and amount of transactions.

8.6. You agree to the installation of any security updates or patches on BTB Mobile, if available or necessary.

8.7. The User is responsible for all claims, damages and/or costs arising from:
(i) use of BTB Mobile in breach of laws or internal regulations;
(ii) the Bank`s reliance on the information provided by the User;
(iii) violation of the provisions of this Agreement, as well as the intellectual property or other rights of third parties.

8.8. Depending on the nature of the Bank`s business relationship with the User and in case the Bank detects the User`s suspicious transactions in terms of money laundering or terrorist financing, the Bank may block transactions made via BTB Mobile, as well as impose certain limits or restrictions depending on the type and amount of transactions.

8.9. The Bank provides both banking services and related documents (including documents confirming the fulfillment of obligations, references, statements, etc.) in exchange for the appropriate service fee or commission under its tariff rates. You confirm that you have read the Bank`s tariff rates and will continue to do so on the Bank`s official website (www.btb.az). Tariff rates (tariffs) of the Bank may be changed unilaterally by the Bank.

9. Warranty Terms

9.1. The Bank or any software provider (mobile phone provider or any intermediary providing the download of the Application) is not responsible or liable to you regarding the software, nor does it provide any technical or support services for the Application.

9.2. The services available in BTB Mobile are provided by the Bank.

9.3. Your mobile service provider may charge you (including roaming charges) for the use of the Application. The Bank is not responsible for these payments.

9.4. You shall not use BTB Mobile on a modified device or operating system beyond the configurations supported or guaranteed by the mobile device or operating system vendor. Here includes “jail-broken” or “rooted” devices as well.

9.5. The quality or expediency of using BTB Mobile is ensured without any confirmation, representation, warranty, guarantee or agreement. The Bank does not warrant that access to BTB Mobile will be unimpeded, that there will be no delays or problems.

9.6. The Bank does not warrant that no viruses or other dangerous, destructive features will be transmitted or that your mobile device will not be damaged while using BTB Mobile. You are responsible for taking appropriate measures to ensure proper protection, as well as data backup, testing of equipment and computer viruses or other destructive features.

10. Intellectual property rights

10.1. “Bank BTB” and “BTB Mobile” are trademarks of the Bank. The rights to these trademarks and all other related marks belong to the Bank. The User may not use or reproduce the Bank`s trademarks, logos or brand names for personal, organizational or any commercial purposes.

10.2. Claims of the User or a third party regarding the use of the Application, including infringement of intellectual property rights of third parties, claims for liability for the product, as well as claims for compliance with legal or regulatory requirements and protection of the User`s rights shall be addressed to the Bank.

10.3. All copyrights, including pages, images, data and materials received by BTB Mobile, as well as the object and source text codes of BTB Mobile application or any part thereof, belong to or are licensed to the Bank.

10.4. The User shall not:
(i) copy or reproduce BTB Mobile in whole or in part;
(ii) reverse engineer, change, modify or adapt BTB Mobile or any part thereof;
(iii) convert the object codes of BTB Mobile or any part thereof into primary text codes or advanced programming languages;
(iv) assimilate the object codes of BTB Mobile or any part thereof;
(v) issue or interfere with any copyright notice within or related to BTB Mobile (all ownership belongs to the Bank).

11. Signing, amendment and termination of the agreement

11.1. This Agreement shall enter into force and remain valid for an indefinite period of time upon its signing by the Parties personally or approval by the User with another analogue of the personal signature (facsimile of the signature, SMS, click, select the appropriate field, fill in the details, etc.) using the Bank`s technological tools. The provision on the procedure for signing the Agreement shall apply to both the documents signed at the time of conclusion of this Agreement and other related documents (deals) to be signed under this Agreement or via BTB Mobile in the future. The Bank may unilaterally amend or terminate this Agreement at any time.

11.2. The Bank may notify you of the amendment to the Agreement via BTB Mobile. In this case, you may terminate the Agreement by deleting your BTB Mobile account (registration) before the amendment enters into force. If you do not delete your account and/or continue to make transactions via BTB Mobile after the expiration of the relevant notification term, the Bank will consider that you have accepted the amendment and the relevant amendment will take effect automatically.

11.3. The Bank may terminate this Agreement immediately if:
(i) the User has grossly or consistently violated the provisions of this Agreement and/or the Standard Terms;
(ii) it has detected suspicious transactions of the User in terms of money laundering or terrorist financing or has reasonable doubts about it;
(iii) it has reasonable doubts about the use of BTB Mobile by third parties;
(iv) your mobile device or operating system does not support the Application, or it is returned by your mobile device operating system manufacturer, any software application provider or other intermediary;
(v) the Bank assumes that the continued performance of this Agreement bears a risk of the breach of applicable law, judicial award or other responsibilities, or that the Bank will be subject to sanctions or prohibitions by the relevant public authorities (bodies);
(vi) the User does not have the right to download the Application or the right to download/use the Application is restricted;
(vii) the User has breached the terms of the account, product or service offered to the latter.

11.4. Considering the nature of the circumstances specified in paragraph 11.3 of this Agreement, the Bank may notify the User by SMS, e-mail, etc. of the termination of this Agreement.

11.5. Even if you delete the Application on your mobile device, you can log in your private cabinet by re-downloading the Application in the future. You shall visit the Bank to cancel your registration. The Bank may provide this service to you via BTB Mobile in the future. If the registration is canceled by you, this Agreement shall be deemed terminated in case you have no obligations to the Bank under this Agreement.

11.6. In case of termination of this Agreement or the license provided to you under this Agreement for whatsoever reason, all rights granted to you under this Agreement may be terminated and, accordingly, your BTB Mobile registration may be canceled.

12. Privacy Policy

12.1. We know that you are interested in how the User`s personal and financial data is managed. The terms and conditions of the online banking services provided by the Bank may include provisions regarding the Bank`s collecting, processing and sharing the data about you and others (e.g. the people you pay or receive payments from). Any such provisions will also apply to the data collected and processed during your use of the Application (in this case, the term “You” also refers to the User, as well as third parties using BTB Mobile based on the User data). Without restricting these provisions, we, as a Bank, take appropriate measures to protect the confidentiality of all the data provided by you (including personal data). However, the Bank is not responsible for any damage (loss) caused to the User or third parties regarding the use of this data by you or third parties through the fault of you or third parties.

12.2. As a bank, we understand that the fingerprints and other biometric personal data of the customers are personal data of a special category. Therefore, we take measures to protect the confidentiality of personal data collected, stored and processed (including archived personal data), prevent data leaks, and handle any possible incidents and data leaks.

12.3. As a bank, we will use the confidential data of the customers to the extent permitted by law to provide them with high quality banking services and products. We may transfer the data to other credit institutions, subsidiaries, service providers or agents. In this case, we will ensure that those are required to apply the appropriate confidentiality and security standards.

12.4. We will disclose the data to the relevant executive powers or judicial authorities only in cases and to the extent permitted or required by law.

12.5. We collect personal data of users for the following purposes:
(i) to use the features provided by registering with BTB Mobile;
(ii) to expand the range of products offered via BTB Mobile;
(iii) to measure the efficiency and effectiveness of the services provided by the Bank, to make market research;
(iv) to increase customer satisfaction by learning the statistics of users` activities in BTB Mobile application.

12.6. Without restricting the above, as a Bank, we may disclose and transfer the data to all internal and external agents, subsidiaries and affiliates (including subcontractors) authorized to act on behalf of the Bank for the following purposes:
(i) to improve the quality and quantity of banking services provided to the User;
(ii) to develop our relationship with the User, determine the identity;
(iii) to detect and prevent crimes and cyber-attacks;
(iv) to meet the requests or requirements of judicial or executive authorities, including the Bank`s internal departments or the ombudsman.

12.7. By using BTB Mobile, you will be deemed to agree to the disclosure, processing, storage and transfer of the data as described above.

12.8. By signing this Agreement, you hereby acknowledge and declare that the Bank may collect and process your personal data, submit any negative and positive information to the credit bureau(s) for the compilation of your credit history, or obtain relevant information from the credit bureau.

13. Cookies and Cookie Policy

13.1. Cookie – a file storing small data in the form of text or numbers that is saved in the memory of your computer, mobile phone, or other electronic device when you access websites. This file contains data about your access to websites. So, when you reuse the websites you previously visited, those will remember your data. Therefore, cookies are necessary and important for you to use websites effectively and easily.

13.2. Cookies are passive files that do not cause the spread of computer viruses or other malware. First of all, cookies allow to identify your electronic devices.

13.3. As a bank, we use different types of cookies to provide you with more efficient services, products or offers.

13.4. Some of the cookies used by the Bank allow the collection of personal data about Users. This data is important for each cookie to function properly. Relevant data may be used by the Bank, as well as its subsidiaries and affiliates.

13.5. You may contact the Bank to exercise your right to make a request, access and make changes to your personal data.

13.6. You agree that you do not object to our creation of cookies to facilitate your use of the Website. You can block or delete cookie files, as well as restrict their functionality by making the appropriate settings on the Website or in the browser you use. You may need to perform certain actions in different browsers to do this. We recommend that you read the instructions for browsers from the website of the respective browser.

13.7. Please note that you may lose the opportunity to use our Website in a fully functional manner by refusing to create cookies. As a Bank, we are not responsible for these cases. If you block all or some cookies, it may lead to website malfunction or you may not be able to access certain parts of the website.

13.8. We reserve the right to make any changes under the cookie policy, in particular the requirements of law.

14. Miscellaneous

14.1. You agree to the terms and conditions of this Agreement, as well as the Privacy Policy and Cookie Policy.

14.2. If it is determined that any paragraph of this Agreement (including its Annexes) is partially or completely invalid or contrary to the law, the invalid paragraph or its invalid part shall be deemed to have been removed from this Agreement and shall not invalidate other paragraphs of thereof.

14.3. All kinds of notices, notifications and other documents of the parties shall be sent to each other via the Application, as well as by SMS to the mobile numbers, registered letter, e-mail, telegram or fax to the addresses specified in this Agreement or subsequently provided. Notices sent to those addresses shall be deemed to have been delivered to the Parties and they may not refer to the failure to receive the documents sent. A party with a change in its legal or postal address(es), mobile number or other details shall immediately notify the other party, otherwise the documents sent to the last known address will be deemed to be delivered to the addressee.

14.4. The Bank may transfer all or part of the rights under this Agreement to any other party. The User may transfer the rights and responsibilities obtained under this Agreement to any other person only with the written consent of the Bank.

15. Applicable law

15.1. All claims related to or arising out of this Agreement, its violation or civil tort shall be regulated by the laws of the Republic of Azerbaijan.