The language used in these terms and conditions and in communication between you and flinco shall be English. This agreement is for an infinite duration and will continue in force until terminated by either party following these terms and conditions. Flinco Capital S.L. is a limited company with company registration number B16998676, and its registered address is Plaza del Gas, 1, 08003 Barcelona, Spain. The Flinco Card is issued by Swan (FR) -registered with the 853 827 103 Trade and Companies Register, approved under number 17328 by the French Prudential Supervisory Authority (Autorité de contrôle prudentiel - ACPR), VAT number FR90853827103. More information about Swan is available on the Swan website. If you wish to have more information about flinco’s products and services, you might find it helpful to read the Help Centre. The Swan website and our Help Centre are for informational purposes only and don't form part of our agreement with you.
Section 1 of these General Terms and Conditions of Use contains the general provisions relating to the flinco’s offer.
Section 2 details the Payment Services associated with the Account(s) provided by the flinco.
Section 3 details the terms and conditions for the subscription, operation and use of the Card.
The services provided by flinco currently include:
The services provided by flinco will include:
The Services are provided to the Customer through its authorised Users whose rights depend on the profile assigned to them. Profiles are detailed in Appendix 2 - User Rights. The Customer, through its Owner, expressly undertakes to act in accordance with the terms and conditions of the Payment Services Framework Contract.The Owner undertakes to inform Users of the terms and conditions of the Payment Services Framework Contract.
When you apply for a flinco account, you promise that you are authorised to enter into the agreement with us on behalf of your business and are incorporated in one of the following countries: Spain, France. To apply for a flinco account, the company must be represented by an authorised person at least 18 years old. The Customer expressly warrants that it has one of the legal forms supported by flinco listed at:
We will ask you to provide us with certain information about you and the company, as well as any directors and beneficial owners of the company. Depending on the complexity of your company, as well as how long you have been in business and where you are registered, we may need to ask you for additional verification documents. Once we verify this information, you will be granted access to your flinco account.
We reserve the right to suspend your access to and use of the services provided by flinco and to terminate and close your flinco account if you provide us with inaccurate, untrue, or incomplete information about your business or your transactions, or if you fail to comply with any account registration requirements. Should you fail to comply with these provisions, you agree that this will also entitle flinco to cease the provision of any other services to you. We also reserve the right to suspend or restrict your account access if we suspect that your company is the subject of any sort of external investigation (including, but not limited to, legal, regulatory, criminal, or civil actions or suits).
Please note that you need to inform us as soon as possible of any material changes to your operations, such as changes in business activities, change of address, directors, authorised representatives, beneficial owners, the status of the company, or any other information relevant to your use of the flinco account We
won’t let you open or hold an account with us if you or the company carry out any sort of business or activity within the following areas (referred to as “prohibited businesses”):
flinco can, at our discretion, refuse to let you open or hold an account with us if you carry out any other business or activity that we are not comfortable with or your risk profile is or becomes outside of our risk appetite. We also reserve the right to update the list of prohibited businesses at our discretion.
flinco reserves the right to block access to the User Area, for reasons related to security or in case of the presumption of unauthorised or fraudulent use of the User Area or of any data related to the User Area.
In case of blockage, flinco informs the Customer by any means and communicates the reasons for this blocking, unless security concerns or legal prohibitions justify the non-disclosure of these reasons.
Access to the User Area is restored as soon as the reasons justifying the blockage have disappeared. The Customer may at any time request the unblocking of its User Area by contacting flinco via email or telephone using the contact details.
To restore access to the User Area, flinco may require new Identification Data to be defined for all Users. In addition, the Customer is invited to change the Password used to access its User Area periodically and whenever there is suspicion of use by a third party.
The Contract has been signed for an indefinite period from its acceptance online by the Parties. This Contract is subject to:
If these cumulative conditions are not met within a period of six (6) months from the date of signature of the Contract, flinco reserves the right to terminate the Contract immediately, without the need to give notice of its termination decision.
The Customer may request the termination of this Contract at any time unless it has taken out an annual subscription.The termination request may be sent by the account Owner via email to email@example.com and will take effect after a notice period of thirty (30) days from the date of receipt of the request by flinco ("Effective Date"). If the "Effective Date" precedes the monthly payment date of the Contract, the Customer is entitled to the reimbursement of the subscription fee calculated pro rata from the period between the "Effective Date" and the actual monthly payment date.
For annual subscriptions, during the first year, the request for termination of the Contract can be made thirty (30) days prior to the anniversary date of the Contract. At the end of the annual commitment period, the Customer may request termination at any time, subject to giving notice of thirty (30) days.
In order to ensure the payment of the amounts owed by the Customer and to guarantee the successful completion of Payment Transactions, the Customer must maintain a sufficient balance on the Principal Payment Account.
In the event of a Party's serious breach of its obligations under this Contract, the other Party may terminate the Contract with immediate effect upon receipt of notice sent via email to the contact address of the Party at fault ("Effective Date").
Serious breach by the Customer includes but is not limited to: payment default, performance of an illegal or prohibited activity as defined in Article 1, threats against the staff of flinco, communicating false information or refusing communication, a Payment Account with an excessive or persistent negative balance, suspicion of fraud.
flinco may also terminate the Contract immediately and automatically for any reason related to a risk or suspicion of money laundering and/or terrorist financing, without justification, in accordance with the regulations in force.
In the event of insolvency proceedings involving a Party, the Contract may be terminated via recorded delivery letter with acknowledgment of receipt sent to the other Party under the conditions and within the time limits fixed by law and according to the decision of the appointed representative or liquidator. Insolvency proceedings means: the appointment of an ad hoc agent, a judicial administrator, the opening of restructuring or liquidation proceedings or the loss by flinco of its licence.
The Payment Account(s) are closed on the Effective Date, provided that the Customer has paid all amounts due under this Contract. The termination of the Contract does not affect the services previously performed or being executed on the Effective Date. Payment Transactions initiated before the Effective Date are unchanged by the termination and will be executed in accordance with the provisions of the Contract.
The Payment Account(s) may be maintained for a period of thirty (30) days in order in particular to cover any subsequent disputes and claims by Payers.
As part of the closure of the Account(s), the customer has to send to our BaaS provider an IBAN and our provider will initiate the transfer with the final consent of the Customer (through the Strong Customer Authentication or SCA).
We undertake to make its best efforts to ensure that the Services are accessible 24 hours a day and 7 days a week. However, access to the Personal Area may be temporarily unavailable for technical reasons. flinco rejects all liability, including but not limited to:
The Customer may contact the Customer Services Department of flinco:
Regarding the sending of complaints, the procedure is specified in the “How to make a complaint” article of this agreement.
For detailed information about our complaints handling process and your rights, you can visit our Complaints Policy.
flinco’s intellectual property, such as any content (e.g., text, photographs, designs, graphics) on the flinco platform and website, our logo, card designs, software, and source code, are owned or controlled by us or our licensors. Intellectual property rights include copyright, trademarks, domain names, design rights, database rights, and patents.
These rights are exclusively reserved for flinco, and you must not use our intellectual property as your own. You are also prohibited from reverse engineering any of our products, namely reproducing them after a detailed examination of their construction or composition.
While flinco will make any reasonable effort to ensure no interruptions or faults to the services we provide, unfortunately, there is no guarantee that your flinco account and flinco card will always work smoothly. That is partly because we rely on some third-party service providers for you to be able to enjoy our services.
flinco won’t be responsible for any direct or indirect loss of income or profit, loss of goodwill or damage to reputation, loss of business contracts or opportunities, loss of anticipated savings, or consequential loss.
In addition to the above, and to the extent such limitation is permitted by law, flinco will not be responsible for any loss or cost you may incur as a result of:
Even though we will do our best to help you set things right, flinco will not be responsible:
If you fail to comply with this agreement, if any information or promise made by you turns out to be incorrect or if you use the flinco account, the flinco card, or related services in violation of applicable laws, you will be responsible for our damages, losses and other costs.
In order for flinco to be able to offer you our services, we need to collect certain personal data about you. By accepting these terms and conditions, you consent to your personal data being collected, stored, and processed by flinco in accordance with all applicable regulations.
Given that you are considering the possibility of cooperation with flinco, in agreeing on the terms and conditions of such possible cooperation in the assessment of financial and operational results to provide banking services and possible financing (together, the "Project"), you and flinco (together, the "Parties") undertake to comply with the following conditions:
A. The Parties hereby undertake:
A1. Keepin strict confidence all technical, technological, economic, financial, commercial, legal, organisational information of the enterprise, personal or other data ("Information") concerning the other Party received in the course of negotiations and cooperation, regardless of the form of transmission of this information and its source.
A.2. Use the Information only for the purpose of assessing the feasibility of implementing the Project described in the preamble to these Terms or other purposes closely related to the subject of cooperation of the Parties.
A.3. Take all necessary steps to ensure that none of the persons receiving the Information discloses this information or its source, either in whole or in part, to third parties without obtaining the prior written consent of the Party from which the Information or the source of the Information originates.
A.4. Disclose Information only to those employees of the Parties or subsidiaries controlled by the Parties to whom such disclosure will be justified and only to the extent that the recipient of the Information must have access to it for the purposes specified in the scope of cooperation within the Project.
A.5. Not to copy, reproduce or in any way distribute any Information or any part thereof, except as necessary for the purpose of assessing the feasibility of the Project described in the preamble to these Terms or other closely related to the subject matter of the Cooperation of the Parties, in which case any such copies or reproductions shall be the property of the Party that is the source of this Information.
A.6. When requesting services from flinco, the information of the parties may be shared with flinco's validated partners by making use of the platform's integrations exclusively to be able to process the request for the service requested by the client. In case of any doubt, the client can contact firstname.lastname@example.org to request the list of validated partners.
B. The requirements of paragraph 1 shall not apply to any part of the information provided by the Parties which:
B.1. They shall be published, known and officially made public without prejudice to the provisions of these Terms.
B.2. They have been legally transferred by a third party, without prejudice to any non-disclosure obligations towards the Parties to these Terms.
B.3. They shall be disclosed by one of the Parties with the prior written consent of the other Party.
B.4. Have been independently developed by the receiving Party.
C. Violation of the provisions contained in these Terms will result in the Party disclosing the Information being liable, in particular on the terms set out in the provisions of the Civil Code, the regulation about Unfair Competition and the laws on Protection of Personal Data.
D. These Terms are governed by Spanish law.
E. These Terms shall be valid for a period of three years from the date of their agreement and shall not be denounced by either party for the period of validity.If
you are no longer happy for us to use your data, we will have to end our agreement and terminate your flinco account. In that case, we will stop using your personal data for the purpose of providing our services, but we might need to retain certain personal data about you and the directors and any ultimate beneficial owners of the company for a limited period and use it where we have lawful grounds to do so (such as to meet our legal and regulatory obligations).
We will make sure that you always have easy access to these terms and conditions and they will always be readily available on the flinco website.
We constantly work to improve our services and it may require us to make changes to these terms and conditions. Unless we notify you differently, we will give you 30 days’ notice before the changes take effect.
If you are not happy with any changes to these terms and conditions, you can contact us before the changes come into effect and we will close your flinco account. Otherwise, we will assume that you consent to any changes to these terms and conditions.
The flinco payment account is a payment account that allows you to make daily payment transactions. These transactions can include depositing funds, making cash withdrawals and executing and receiving payment transactions, including credit transfers, to and from a third party.
You can make transfers from the flinco account through SEPA credit transfers, SEPA instant and Faster Payments. To create a transfer from your flinco account (a “payment order”), you need to provide the following information:
You submit the payment order and information through the flinco platform. We will consider that you, by submitting the payment order, gave flinco your consent and authorised us to prepare the payment order in accordance with the information provided by you, which will be executed by Swan after obtaining your final consent. Once we have received the payment order, it can’t be cancelled or reversed. Therefore, it is important that you provide the correct information as you may lose funds sent to an incorrect recipient.Payment orders will be received by us and executed as detailed in this table.
Public holidays may delay execution of payment orders in certain currencies by one banking day.You can also execute payment transactions with your flinco card (see section 2.3). flinco does not currently support checks or cash deposits.
You can integrate bank accounts held with other financial institutions and payment gateways into the flinco platform, enabling you to see a unified list of all your account balances and transactions.
This agreement is binding on you, but you can authorise other people to access the flinco account and use a flinco card as follows:
You, as admin, remain responsible for all actions and activities undertaken by users as if they were carried out by yourself. It is your responsibility to withdraw access rights granted to a user and to ensure that access rights are not given to the incorrect person.
Under certain circumstances, flinco may refuse or delay a payment. Specifically, if:
Under certain circumstances, flinco may refuse or delay a payment. Specifically, if:
flinco will never lend your money to others. As we are not a bank, deposits to your flinco account are not covered by financial protection schemes like the Financial Services Compensation Scheme (FSCS) or the EU Directive on deposit guarantee scheme (DGS).
The funds you deposit in your flinco account are going to be safeguarded by Swan in their segregation account in order to place those funds under the protection of the FGDR «Fonds de garantie des dépôts et de résolution».
At flinco, we give our customers cashback on all eligible spending using the flinco card. The cashback is accumulated monthly and automatically credited to your flinco account 30 days after the end of the month where the cashback was accumulated. Please note that temporary holds, processing or transaction fees, ATM charges, deductions, and refunds don’t count towards eligible spending. flinco reserves the right to make the final determination of what constitutes eligible spending.
The applicable cashback level is set out on our Pricing Page.
The fees and charges applicable to your flinco account, the flinco card, and the use of flinco’s services are set out on our Pricing Page.
flinco provides one physical flinco card for free to each customer in our beta phase.
Please note that any fees imposed on flinco by third parties due to your use of your flinco account or the flinco card (such as SWIFT fees) will be debited to your flinco account.
Please refer to the Pricing Page for further information regarding the applicable exchange rate and exchange fees.
You can see the exchange rate applied to a certain transaction in the flinco platform. Once a currency conversion has been carried out, your transaction history in the flinco platform will show you the exchange rate that was used as well as any exchange fee (if applicable). The exchange rate that applies at the time that the currency conversion is carried out will be applied. This information will be accessible in the flinco platform, and we will not send you any electronic notifications separately for transactions using the flinco card.
We may apply changes in exchange rates immediately and will notify you in advance of doing so on the flinco platform. flinco reserves the right not to execute a payment order implicating a currency conversion due to market disruptions, unforeseen events, or technical errors.
We will do everything we can to keep your flinco account and funds safe and ask that you and any user of a flinco account and a flinco card read and follow this information. You should always contact us via chat at flinco or email at email@example.com.
If a flinco card is lost or stolen, it is important that you or the relevant user notify us immediately and, if possible, immediately free that flinco card (available through the flinco platform, www.flin.co). The same applies if you otherwise suspect that the security details of your flinco card may have been used without your permission.
You must keep your virtual flinco card details safe at all times and contact us immediately if you suspect that any of your virtual flinco cards have been compromised. Make sure to delete the affected virtual flinco card on the flinco platform as soon as you realise the incident.
Never share your personalised security details such as username and password, and remember to protect them if you write them down or store them. Make sure that you close the flinco platform when you’re not using it and log out of your account, keep your means of communication used for authentication purposes safe, don't store your personalised security details on any device, change your password regularly, and don’t let others use or access the flinco account (other than in connection with open banking as explained in section 15) or the flinco card on your behalf.
If you notice or suspect that someone has used your flinco account or flinco card without permission, you must contact us immediately and in any event within 30 days following the unauthorised transaction. You must immediately freeze or delete any affected flinco card on the flinco platform. We will only refund an unauthorised transaction that has happened after you notify us that your flinco card is stolen, lost, or otherwise has been compromised or that someone is unauthorisedly using your flinco account or flinco card. We will not refund an unauthorised transaction if evidence suggests that you or a user acted fraudulently or if it was possible due to your or a user’s:
We will treat any payment order given using the flinco card or the flinco platform as evidence that you authorised the transaction or didn’t keep your security details safe. flinco reserves the right to investigate each unauthorised transaction. Refunds are processed within ten business days from the date you have provided us with all the required information to process the request
If you are a micro-enterprise registered in the UK, this section 13.4 will apply to you to the extent permitted under applicable law, and you must notify us without undue delay and in any event within 13 months following an unauthorised transaction.
flinco uses strong customer authentication solutions, data encryption, fraud detection software, and software notifying us when login credentials of our customers may have been compromised to keep your account information and funds safe.
You can integrate bank accounts held with other financial institutions and payment gateways into the flinco platform (www.flin.co), enabling you to see a unified list of all your account balances and transactions.
It is your responsibility to ensure that you enter the correct details of the party you want to pay. We will not refund you if we processed the payment correctly, but you provided incorrect information. Incorrect recipient information may cause the payment to be delayed or sent to the wrong recipient. If that’s the case, please contact us as soon as possible so that we can do our best to help you.
With open banking and your consent, you’re able to initiate payments with third-party payment initiation service providers or permit a third-party account information service provider to access your banking information. These terms and conditions apply to such transactions and requests for information. If we have good reasons to believe that any such service provider has received unauthorised access to your flinco account, we suspect fraud, or if we have a legal or regulatory reason for doing so, we may block its access.
This section relates to the Business Card and defines the conditions of subscription, operation and use of the Card by the Cardholder. The conditions of this Section remain applicable under the same conditions unless modified by the Issuer and notified to the Cardholder and to the Customer within the thirty (30) day notice period.
The Card is a payment card with systematic authorisations associated with the Payment Account(s) opened in the name of the Customer. The Card is for business use only. The Card can be used for proximity payments (EPT, NFC), cash withdrawals from ATMs and remote Card Payment Transactions (RCPT).
Our Mastercard Business card (referred to as the “flinco card”) is issued by Swan (FR) -registered with the 853 827 103 Trade and Companies Register, approved under number 17328 by the French Prudential Supervisory Authority (Autorité de contrôle prudentiel - ACPR), VAT number FR90853827103-. The flinco card is issued as virtual and physical Mastercard Business Debit Card payment cards that can be used to execute payment transactions online.
You can create, delete, and see the virtual flinco cards’ details on the flinco platform. The virtual flinco cards are disposable payment cards, and we offer you the possibility to generate unlimited virtual flinco cards. The ability to receive unlimited cards is subject to our fair usage policy where flinco reserves the right to impose an upper limit on the number of virtual flinco cards that you can create after carefully considering the needs of the business of your company.
Please note that certain restrictions apply to spending and withdrawing cash using the flinco card (such as maximum amount per transaction or withdrawal and amount spent during a certain time).
An admin can order flinco cards through the flinco platform. The virtual flinco cards are created on the flinco platform and activated upon issuance. Physical flinco cards will be sent to an address confirmed by you. Upon receiving a physical flinco card, the admin or user to whom it has been issued needs to activate the card on the flinco platform.
We may block your flinco card if there is a risk of a non-secure use of the card or if we suspect that the card has been used in an unauthorised fashion. We may also block your flinco card if we need to investigate an inbound or outbound transaction. If we block your flinco card, we will notify you through the flinco platform or to your registered email as soon as possible and decide whether to reactivate the card or replace it with a new flinco card when there are no longer reasons to block the card.