1. INTRODUCTION

Welcome to myACIFMA (hereinafter: "Service"). These myACIFMA Online Terms of Use (hereinafter "Terms") govern your access to and use of myACIFMA (https://myacifma.com) provided by ACI Financial Markets Association (ACI FMA) and their affiliated Organisations (such as but not limited to ACI National Associations) in collaboration with The Bestpractice.world B.V. (Service Provider). By accessing or using the Service, you agree to comply with and be bound by these Terms. If you do not agree, you may not use the Service. For more information on how your personal data is processed on the system, please refer to our Privacy Policy. For information on how we use cookies and tracking technologies, please refer to our Cookie Policy.

2. DEFINITIONS

• "Account" refers to a registered user profile on myACIFMA.
• "Subscriber" refers to a Registered User who has access to a Packaged Service.
• “Portal” refers to the proprietary software of the Service Provider to develop, distribute, promote and sell content and services to registered users.
• "Service" refers to myACIFMA, the ACI FMA branded software-as-a-service (SaaS) implementation of Portal.
• “Registered User” a User who registers an Account on myACIFMA.
• "Content" refers to all data, text, images, software, or other materials provided through the Service.
• “Packaged Service” refers to a set of predetermined features, functionalities, content access rights, and/or support services grouped together as a single offering, which may be provided either at a fixed price point, subscription fee, or at no cost to the user. Free Packaged Services remain subject to all applicable terms and conditions herein, except those specifically relating to payment obligations.
• “User” refers to you, a Visitor or Registered User on myACIFMA

3. ACCOUNT REGISTRATION

• You must provide accurate and complete information when registering.
• You are responsible for maintaining the security of your Account credentials.

4. SCOPE OF SERVICES

• The purpose of the Service is to:
  • Develop, distribute and promote relevant Packaged Services on myACIFMA, with an aim to create additional value for ACI FMA, National Associations and their Membership.
  • Support ACI FMA and National Associations in growing and retaining Membership effectively and efficiently on a global scale; and
  • Promote ACI Education Programmes.
• The Service and Packaged Services are subject to updates and modifications at our discretion.
• Access to certain Packaged Services may require payment. ## 5. USER OBLIGATIONS AND ACCEPTABLE USE
• You must comply with applicable laws and regulations.
• Prohibited activities include hacking, data scraping, and distributing harmful software.
• You may not interfere with or disrupt the security of the Service.
• Account sharing restrictions: Your subscription is for individual use only; sharing your login credentials or access with others is strictly prohibited and may result in immediate termination of your account.
• You may not resell, rent, lease, transfer, assign, distribute, or make commercial use of our subscription services, Content or Packaged Services in any way. Any such unauthorized use constitutes copyright infringement and a material breach of these Terms. We reserve all rights to pursue legal remedies for any violations, including but not limited to immediate account termination, financial damages, and injunctive relief.
• Abuse includes but is not limited to attempting to circumvent payment, exceeding usage limits, automated scraping of Content, and any usage that interferes with our Service, or other Subscribers’ and Registered Users' experience on Service.

6. FEES, PAYMENTS, AND SUBSCRIPTIONS (IF APPLICABLE)

• Some Packaged Services require payment; pricing details are available on myACIFMA.
• Subscription payments to Packaged Services are automatically billed on a recurring basis according to your selected plan (monthly, quarterly, or annual) until cancelled by you, while one-time purchases are charged as a single non-recurring payment at checkout.
• Payment security measures: All payments are processed through secure, PCI-compliant payment processors and your financial information is never stored on our servers.
• Upon successful processing of your payment, whether for a one-time purchase or recurring subscription, you will automatically receive an email containing a detailed invoice at the email address associated with your account within 24 hours of the transaction; this invoice will include itemized charges, applicable taxes, payment method used (with partial masking of payment details for security), transaction date, and your unique transaction ID for reference purposes.
• Subscription cancellations must be made at least 7 days before the billing cycle ends
• After a failed subscription payment attempt, we will retry collection twice over 5 days before suspending your account access, and you will receive email notifications after each attempt.
• All applicable taxes and processing fees will be clearly displayed before checkout and are the responsibility of the customer.
• Refunds are only provided in accordance with our Refund Policy: You may request a full refund within 14 days of an initial Packaged Services purchase if you haven't used the Packaged Services; after this period or for subsequent billing cycles, cancellations will stop future charges when applicable, but no refunds will be issued for the current billing period.
• Modification or Discontinuation of Free Services: We reserve the right to modify, limit, or discontinue any free packaged services, features, or content at any time without prior notice and at our sole discretion. While we strive to provide reasonable notice, when possible, continued availability of any free service is not guaranteed, and users acknowledge that no compensation shall be due for any such modification or discontinuation.

7. DATA PROTECTION AND PRIVACY

• We process personal data in compliance with the General Data Protection Regulation (GDPR).
• Our Privacy Policy details how we collect, use, and store data.
• You have rights regarding your personal data, including access and deletion requests.

8. INTELLECTUAL PROPERTY RIGHTS

• All intellectual property rights in the Portal belong to the Service Provider.
• All intellectual property rights in the Packaged Services belong to ACI Financial Markets Association or are sub-licensed from a third-party and do not infringe a third-party’s intellectual property right.
• You are granted a limited, non-exclusive, non-transferable license to use the Service and Packaged Services.
• You may not copy, modify, or distribute any part of the Portal, Service or Packaged Services.

9. THIRD-PARTY SERVICES AND INTEGRATIONS

• The Service may integrate with third-party services; we are not responsible for their functionality.
• You acknowledge that third-party terms and policies apply when using integrated services.

10. SERVICE AVAILABILITY, MAINTENANCE, AND SUPPORT

• We strive for high availability but do not guarantee uninterrupted access.
• Maintenance may result in temporary downtime, with prior notice when possible.
• Support inquiries can be directed to myacifma@acifma.com.

11. TERMINATION AND SUSPENSION

• We may suspend or terminate Accounts for violations of these Terms.
• You may terminate your Accounts at any time.
• Termination may result in loss of access to stored data and subscriptions to Packaged Services.
• Handling of prepaid fees upon termination: If your account is terminated by you or for violation of our terms, any prepaid fees will not be refunded; however, if we terminate services for our convenience, you will receive a prorated refund for the unused portion of your subscription period.

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY

• The Service is provided "as is" without warranties of any kind.
• We are not liable for indirect, incidental, or consequential damages.
• You assume all risks associated with the use of the Service.
• We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to circumstances beyond our reasonable control, including but not limited to natural disasters, severe weather events, earthquakes, floods, fires, pandemic, epidemic, public health emergency, war, terrorism, riots, civil unrest, labour disputes, strikes, embargoes, power outages, telecommunications or internet failures, cyber-attacks, supply chain disruptions, or changes in legal or regulatory requirements.

13. INDEMNIFICATION

• You agree to indemnify and hold harmless ACI Financial Markets Association and Serivce Provider from claims related to your use of the Service or Packaged Services.

14. GOVERNING LAW AND DISPUTE RESOLUTION

• These Terms are governed by the laws of the Netherlands, and you submit to the exclusive jurisdiction of the courts in Amsterdam, the Netherlands to resolve any dispute between them arising under or in connection with these Terms.

15. CHANGES TO THE TERMS

• We reserve the right to update these Terms from time to time by notice to you.
• You will be notified when they logon to Service after Terms changed and shall be deemed to have accepted such modifications by continuing to access and/or use the Service and/or by clicking any on screen “I Accept” or similar button.

16. COOKIES AND TRACKING TECHNOLOGIES

• We use cookies to enhance user experience and analyse usage patterns.
• Our Cookie Policy provides details on how we use cookies and how you can manage them.

17. CONTACT INFORMATION

• For inquiries, contact us at helpdesk@myacifma.com.