Powens is the new trading name of Budget Insight.
The use of services offered through the Powens API implies the unconditional acceptance of these Terms of Use (ToS) as well as Powens’ Privacy Policy. Upon acceptance, these terms become a contractual agreement between us and will be enforceable against you.
For any questions regarding Powens’ services or these ToS, please contact us via email at info@powens.com.
For any inquiries concerning the processing of your personal data, please contact us via email at dpo@powens.com.
By validating these ToS you acknowledge Powens as your agent (within the meaning of articles 1984 et seq. of the French Civil Code) for the collection of your documents and banking data under your right to portability.
You also acknowledge that you have been fully informed by Powens of the transmission to our Partner of the data resulting from the Services for which the Partner has subscribed. The Partner undertakes to use this personal data only for the purposes to which you have agreed with it.
You have the possibility to revoke connections, delete them, or limit their scope at any time.
The Services described in these ToS concluded with the User are provided by the company Powens, SAS with a capital of 44 037,90 euros, registered in the Paris Trade and Companies Register under number 749 867 206, whose registered office is at 84 rue Beaubourg, 75003 Paris, and registered as a payment institution with the Autorité de Contrôle Prudentiel et de Résolution (ACPR) under number CIB 16948.
The purpose of these ToS is to regulate the Services offered by the Powens API.
They constitute a binding contract between the adult and capable User and Powens, both of whom declare their acceptance of these ToS.
The Powens API is provided as Software as a Service (SaaS), meaning the software is hosted in the Powens environment and accessible to the User via the internet.
Through its API, Powens may provide the following Services to the User with their express consent:
The financial services regulated above are to be understood within the meaning of European Directive No. 2015/2366 of November 25, 2015 on payment services (“PSD2”).
For the purposes of interpreting these ToS, the following terms and expressions shall have the meanings set out below:
To access the Services, the User must enter login credentials. The User is solely responsible for maintaining the confidentiality and security of this information.
Any false declaration or misleading information may engage the User’s personal, civil, commercial or criminal liability.
Powens implements security measures in accordance with PSD2 and GDPR requirements to protect User data.
Data transmitted over public networks may be exposed to theft or misuse. Users are advised not to use public internet networks or shared devices when accessing the Services.
In the event of a personal data breach likely to result in high risk, Powens will inform the Partner, the CNIL and the User within 72 hours.
Access to the Services is free of charge for the User, excluding internet connection costs and any Partner-related fees.
Services are available 24/7 except in cases of force majeure, maintenance or telecommunications issues.
The User undertakes to use the Services only for lawful purposes and in compliance with applicable anti-money laundering and counter-terrorism financing regulations.
Powens reserves the right to request additional documents or suspend Services in the event of suspicion or non-compliance.
Powens complies with the French Data Protection Act and the GDPR.
The User has the following rights regarding personal data:
To exercise these rights, Users may contact: dpo@powens.com
Complaints may also be submitted to the CNIL:
3 Place de Fontenoy – TSA 80715 – 75334 PARIS CEDEX 07 Tel: 01 53 73 22 22 https://www.cnil.fr/fr/plaintes
Powens will use its best efforts to ensure high availability of the Services.
Maintenance operations may temporarily interrupt access to the Services.
Neither Party shall be liable where performance of the contract is delayed or prevented due to force majeure events including power failures, telecommunications outages, cyberattacks, war, terrorism, pandemics or natural disasters.
Unauthorized payment transactions must immediately be reported to: support@powens.com
The User may also contact their payment service provider directly for reimbursement requests.
For complaints related to non-PSD2 services, the User must contact the Partner directly.
Powens retains full ownership of its API, Console, Webview and associated software.
The User is granted only a strictly personal and non-transferable right of use.
Powens is bound by an obligation of means and shall not be liable for delays, interruptions or inaccuracies caused by third parties or external factors.
Liability is limited to direct damages suffered by the User.
The User undertakes to use the Services lawfully and not interfere with the operation or security of the Services.
Use of the Services is subject to the User’s express consent.
Powens processes only the data necessary for:
Data related to anti-money laundering obligations is retained for five years after termination of the contractual relationship.
Powens reserves the right to modify these ToS at any time.
Users refusing updated ToS must stop using the Services and notify Powens at dpo@powens.com.
This contract is concluded for an indefinite period.
Users may terminate the contract by registered letter or by deleting their account through the Partner application.
This contract is governed by French law.
In the event of a dispute, Parties undertake to seek an amicable settlement before resorting to legal proceedings.
Questions regarding the Services or these ToS: info@powens.com
Questions regarding personal data: dpo@powens.com
The payment services provided by Powens are governed by European Directive (EU) 2015/2366 on payment services in the internal market.
The Payment Initiation service enables the User to accept or refuse the initiation of a transfer prepared by the Partner.
The User is solely responsible for verifying transfer details before giving consent.
The User authenticates through a secure HTTPS interface and selects the issuing account and beneficiary.
Once confirmed, the payment order is transmitted to the payment service provider.
Transactions are recorded by Powens and assigned a transaction ID.
Complaints may be sent to: support@powens.com
The Account Information service enables the User to consult Payment Accounts authorized through the API.
The Bank ID Check service verifies the identity of a bank account holder.
Enables aggregation and consultation of Other Assets authorized by the User.
Provides access to supporting documents and administrative documents retrieved from connected suppliers.
Enables credit professionals to assess the User’s financial profile through transaction analysis and solvency indicators.
The User acknowledges having received all necessary information concerning the Services and accepts these ToS by continuing the registration process.