Terms of Use

1. General – Definitions – Scope

1.1 i-Hub S.A. (hereinafter referred to as “i-Hub”) is a company established at 208, rue de Noertzange, L – 3670 Kayl, Grand Duchy of Luxembourg, registered in the Luxembourg Trade and Companies Register under number B 208.799. i-Hub is approved as a professional of the financial support sector, within the meaning of Articles  29.3 of the amended Law of 5 April 1993 relating to the financial sector, under number I00000125.

1.2 i-Hub offers an innovative solution that provides continuous management of the maintenance and review of the data and documents necessary for monitoring and identifying customers of professional bodies such as banks, insurers, investment funds, management companies, law firms (hereinafter referred to as “Business Relations”) within the legal and regulatory obligations covering money laundering and the financing of terrorism (including international financial sanctions and embargoes) and tax reporting (Foreign Account Tax Compliance Act [ hereinafter referred to as “FATCA“] and the OECD Common Reporting Standard [hereinafter referred to as the “CRS”]).

1.3 As part of its services, i-Hub is therefore required to manage and keep data and documents concerning existing Business Relation customers and concerning persons who have taken steps to become Business Relation customers (hereinafter referred to as “Documents and Data”). These customers or potential customers may be private individuals or legal entities. The i-Hub solution makes it possible to store these Data and Documents electronically and regularly check their accuracy and validity, as well as to share them between Business Relations.

1.4 Any private individual or legal entity who has taken steps to become a customer or who is already a customer of at least one Business Relation and who has asked i-Hub to process his/her/its data and documents is defined as an “End Client”, and as a “Legal Entity“ in the case of an End Client who is a legal entity. Any individual or legal entity that is linked (for example by virtue of its role and/or its capital links) to an End Client (for example a representative of a company or its beneficial owner) is defined as a “Related Party” and as a “Related Individual“ when referring to a Related Party who is a private individual. The legal representative of any End Client who is a dependent minor or who is otherwise legally incapable is defined as a “Legal Representative”when he/she uses the i-Hub services in the name and on behalf of the End Client. As far as Legal Entities are concerned, any user(s) who is (are) expressly designated by the legal representative(s) of the Legal Entity in a form relating to access rights (hereinafter referred to as the ”Authorised User(s) Form”) may use the i-Hub services in the name and on behalf of the Legal Entity and are defined as ”Authorised Users”.

1.5 End Clients who are natural persons, Legal Representatives or Authorised Users (jointly referred to as the ”Users”) may access the i-Hub solution free of charge and manage the End Client Data and Documents(which may contain information about Related Parties of the End Client or his/her Legal Representative) by logging on to i-Hub via www.i-hub.com or via https://user.i-hub.com (hereinafter referred to as the ”Websites”). The i-Hub Websites are governed by these Terms of Use (hereinafter referred to as the ”ToU”).

1.6 The User, i-Hub and, if applicable, the Legal Entity if it has signed the Authorised User(s) Form are each individually referred to hereafter as a ”Party” and collectively as ”Parties”. Please read the ToU carefully before using the i-Hub Websites. By accepting the ToU, you expressly confirm that you have read and understood the ToU and agree to be fully bound by them without reservation.

1.7 The terms defined above and used in the singular shall also be understood in the plural and vice versa, depending on the context (e.g. if the End Client has only one Business Relation, the term Business Relation shall be understood in the singular).

2. User Rights -Use of the i-Hub Websites

2.1 To the extent permitted by applicable law, the User may access and consult any Data and Documents of the End Client that are processed by the Business Relation.

2.2 The User is also entitled to add Data and Documents insofar as these Data and Documentsare requested from the End Client by the Business Relation.

3. User Obligations – Acceptable use and powers of representation

3.1 i-Hub or, if applicable, the Business Relation that added the relevant Data and Documentsof the End Client in the i-Hub solution shall provide the User with a unique activation code that will grant the User a one-time passcode to activate his/her account. The User will then choose how he/she wants to connect to the i-Hub Sites (Luxtrust identifiers or i-Hub login identifiers). The User will be required to keep his/her identifiers confidential and store them in a safe place. The User should notify i-Hub as soon as possible in the event of the theft or loss of his/her unique i-Hub login identifiers, in which case i-Hub shall be entitled to suspend access to i-Hub Websites in accordance with Article 4.1 of these ToU. i-Hub will send the User a new activation code upon request.

3.2 The User guarantees that he/she will use the i-Hub Websites with all due care and attention. The User shall remain fully liable for any fraudulent and/or illicit use made either by themselves or by a third party if the User tolerates or facilitates such use.

3.3 In the event of a security incident, meaning an act of hacking or attempted hacking, intrusion and/or physical or other attack, or any other circumstance potentially having a negative impact on the security of the i-Hub Websites (hereafter referred to as a ”Security Incident”), the User must inform i-Hub as quickly as possible. The User shall be held liable for Security Incidents attributable to him/her or which occur with the help of their login details, except where such a Security Incident comes as a direct and exclusive result of an act or omission on the part of i-Hub. i-Hub reserves the right to take any necessary measures to avoid or limit a Security Incident or the risk of a Security Incident, or to limit any potential Security Incident of which it becomes aware and, depending on the type of Security Incident and the risk for the User, i-Hub will inform the User in good time.

3.4 Unless expressly agreed otherwise, the User will use the i-Hub Websites on a strictly personal basis. Neither the User nor, if applicable, the Legal Entity may transfer, rent, license or sell all or part of the i-Hub Websites to third parties.

3.5 The User will notify i-Hub as quickly as possible in the event of any element affecting the proper functioning of the i-Hub Websites as soon as the User becomes or should reasonably have become aware of it, including, but not limited to, any damage to or malfunction of the i-Hub Websites.

3.6 If the User fails to comply with all or part of his/her obligations arising from this Article 3 or if there is a reasonable doubt as to the User’s compliance with this article, i-Hub i) shall not be held liable for the consequences of any delay or defect in the provision and operation of the i-Hub Websites, or any resulting damage, and ii) is entitled to refuse, suspend or postpone its intervention and/or the provision of all or part of the i-Hub Websites and to iii) charge any additional costs and/or damages arising from this situation.

3.7 The Legal Entity i) designates Authorised Users linked to it (e.g. by an employment contract or a mandate), ii) declares that to the best of its knowledge, there is no legal, regulatory or contractual rule opposing the use of the i-Hub Websites by the Authorised User and, in particular, to any action that the Authorised User may perform on the i-Hub Websites in his/her own name and on his/her own behalf (such actions being detailed in the Authorised User(s) Form) and iii) agrees to indemnify and hold i-Hub harmless against any legal proceedings, complaints (including complaints from a Related Party to the Legal Entity), liability, cost, expense (in particular legal fees, expert’s fees, court costs, potential compensation payments, loss of earnings, etc.) of any kind resulting directly or indirectly from the Authorised User’s failure to meet his/her obligations.

3.8 The Legal Representative declares that he/she has the necessary powers and permissions to represent the End Client in the use of the i-Hub Websites and to perform any action in the name and on behalf of the End Client on the i-Hub Websites (including in the event that he/she consents to the sharing of Data and Documents as detailed in Article 7 below) and, more generally, to act on behalf of the End Client towards i-Hub. i-Hub shall not be held liable for the consequences of any use of the i-Hub Websites by the Legal Representative that might exceed the powers and permissions received from the End Client.

4. Suspension – Termination

4.1 i-Hub is authorised to suspend the i-Hub Websites or the User’s access to them, in whole or in part and with immediate effect, without liability for compensation of any kind
i) if it is required to do so by a competent authority or jurisdiction under the applicable laws and/or regulations or if the User has breached the applicable laws and/or regulations in a manner that results or is likely to result in direct or indirect damage to i-Hub;

ii) in the event of a Security Incident, manifest fraud by a third party or where the smooth operation or integrity of the i-Hub Websites so requires (including maintenance thereof);

iii) in the event of fraud or illicit use of the i-Hub Websites; or

iv) following any failure to take action after formal notice has been served, as defined in Article 4.2 (iii) below.

4.2 The User will be promptly informed of any suspension. The suspension will continue until the reasons for its application have gone. In the event of any suspension as defined in Article 4.1 (iii) and (iv), i-Hub shall be entitled to demand reasonable compensation for the blocking and, if necessary, reactivation of the i-Hub Websites in question.

4.3 i-Hub shall be authorised to suspend the i-Hub Websites or the User’s access to them, in whole or in part and with immediate effect, without liability for compensation of any kind:
i) if a suspension measure as provided for in Article 4.1 lasts for more than fifteen (15) days;

ii) for reasons beyond i-Hub’s control, such as technological developments or constraints resulting from the relationship between i-Hub and its suppliers and/or the Business Relations; or

iii) if i-Hub has issued a notice to the User or, if applicable, to the Legal Entity, requesting compliance with legal or contractual requirements or the cessation of illegal or fraudulent use or abuse by third parties, insofar as such use has been tolerated or facilitated by the User and the User has not responded satisfactorily to the formal notice within a period of one (1) month from the date of its issuance;

iv) in the event of termination of the agreements between i-Hub and all of the Business Relations with which the End Client has a contractual relation.

4.5 In the event of termination of the i-Hub Websites or the User’s access to them, in whole or in part, pursuant to Article 4.2 (iii), the User and, if applicable, the Legal Entity shall be responsible for any harmful consequences caused by the User prior to the termination.

4.6 Any case of force majeure will suspend the obligations arising from these ToU, including, in the case of i-Hub, any obligation to provide the i-Hub Websites, from the date of notification made by the Party affected to the other Party or Parties, for as long as this case of force majeure persists. However, if such an event lasts for more than one (1) month, i-Hub will be entitled to terminate the i-Hub Websites without compensation of any kind being due.

5. Liability

5.1 i-Hub shall not be held liable for any damage or prejudice towards the User or towards the Legal Entity:
i) that is not primarily and directly attributable to it (particularly in the event of force majeure or a Security Incident); or

ii) resulting from the nature or content of the Data and Documentsthat are stored, shared or added, downloaded or used by the Users, it being understood that i-Hub does not give any guarantee concerning these Data and Documentsor regarding the templates or forms available through the i-Hub Websites (including, without limitation, the accuracy, completeness or suitability for any particular purpose). In particular, i-Hub cannot be held liable for any damage or prejudice arising from the use of the Data and Documents by the User, the End Client, a Related Party or a third party to whom the Data and Documents are entrusted by these persons (e.g. a law firm or an audit firm) where i-Hub is not the originator of the content of said Documents and Data; or

iii) resulting from a cause primarily attributable to the User, notably in the event of non-compliance with a provision of Article 3; or

iv) resulting from a measure taken by i-Hub by virtue of Article 4.1.

5.2 Without prejudice to Articles 5.1, the liability of i-Hub is also limited to:

i) foreseeable, direct, personal and certain damage, to the complete and express exclusion of all indirect or immaterial damage and/or any loss of turnover, customer base or contracts, any staff costs and/or any deterioration or distortion of data; and

ii) a maximum total amount of EUR 150.

5.3 The limitation on i-Hub’s liability as provided fro in Articles 5.1 and 5.2 above does not apply to damages suffered by the User and, if applicable, by the Legal Entity as a direct consequence of gross and/or wilful negligence on the part of i-Hub.

6. Data protection

6.1 The User is informed by the End Client Privacy Policy of the processing of his/her personal data and, where applicable, of the data relating to the End Client that he/she represents. Any Legal Representative who chooses to consent to the sharing of the End Client Data and Documents shall guarantee that any other legal representative of the End Client (e.g. the spouse of the Legal Representative of a minor End Client) also consents to such sharing.

6.2 The processing of personal data concerning Related Individuals is detailed in the Privacy Policy for Individuals Related to a Legal Entity. The Legal Entity undertakes to bring this policy to the attention of its Related Individuals whose personal data will be processed within the framework of the i-Hub Websites. I-Hub cannot be held responsible for the consequences of any failure to meet this obligation.   

7. Professional secrecy

7.1 i-Hub is bound by a legal obligation of professional secrecy regarding the processing and sharing of Documents and Data. In order to allow the End Client to access all of the added value offered by the i-Hub Websites, the End Client (or, if applicable, his/her Legal Representative or Authorised Client on behalf of the End Client), in his/her own interests, may expressly instruct i-Hub to share the Data and Documents with the End Client’s current or future Business Relations of whom he/she is a customer or have taken steps to become a customer (including his/her subcontractors, if applicable) and who need the Data and Documents in relation to their obligations to verify and identify their customers as dictated by anti-money laundering and terrorist financing legislation (including international financial sanctions and embargoes) and tax reporting requirements (FATCA and CRS). If an End Client is also a Related Individual of a Legal Entity present on i-Hub, he/she may also instruct i-Hub to share his/her Data and Documentswith his/her other Business Relations and with the other Business Relations belonging to his/her Legal Entity, regardless of the role he she might play in such Business Relations (e.g. customer, company officer, beneficiary of a trust or other). For the avoidance of any doubt, the sharing of Data and Documents implies the centralisation of these Data and Documents by i-Hub (prior to and necessary for the sharing). 

7.2 The Data and Documents of the Legal Entity to be shared with its Business Relations, if it consents, shall consist of: (i) data and documents concerning the identity of the Legal Entity (including its corporate name, trading name, registration number, legal form and date of incorporation); (ii) its address(es); (iii) data and documents on the tax status of the Legal Entity (including its country of residence for tax purposes, tax identification number (NIF), VAT number, self-certification, FACTA and CRS statutes (if applicable) and forms to that effect); (iv) data and documents on the activity of the Legal Entity (including its NACE code, countries of activity and whether it is active in a country under sanctions, its articles of association and contact details, its balance sheets and extracts from commercial registers, its organisation chart/holding chain, its list of authorised signatories); (v) data on its stock exchange listing, if any, and its regulatory oversight; (vi) data and documents, more specifically described in the Privacy Policy for Individuals Related to a Legal Entity, concerning Related Individuals such as its beneficial owners, directors, legal representatives, managers, delegates for daily management or other officers of the Legal Entity, its shareholders or agents, nominees, authorised signatories, Authorised Users or constituents, beneficiaries, administrators and protectors in the case of trusts or fiduciaries.

7.3 The Data and Documents of any End Client who is a private individual, and which will be shared with his/her Business Relations if he/she so consents, are those detailed in the End Client Privacy Policy.

7.4 The End Client is informed and accepts that local legislation applicable to Business Relations established outside the Grand Duchy of Luxembourg may not offer a level of protection for Data and Documents equivalent to that offered by the Grand Duchy of Luxembourg in terms of confidentiality. The User can view the Business Relations with which the Data and Documents are shared at any time via the i-Hub Websites.

7.5 In the event that consent is granted to share Documents and Data: (i) the Business Relations will use the shared Data and Documents according to their rules and practices. i-Hub may not be held liable for this extended use; (ii) the End Client is informed that i-Hub may contact the User in the event of any discrepancy between the various records of the End Client held by their Business Relations, in order to maintain their information in legal order.

7.6 Refusal by the End Client to share the Data and Documents with the Business Relations would limit the features available on the i-Hub Websites and thus prevent them from benefiting from the full added value of the services. The End Client is informed that he/she may at any time after agreeing to the sharing of Data and Documents revoke this decision, it being understood that any sharing of Data and Documents that may have taken place prior to this revocation shall nevertheless remain lawful.

7.7 By accepting these ToU, the End Client is informed and accepts that i-Hub may confirm the existence of an End Client or Related Individual on i-Hub in the event of a profile being created for this person by a Business Relation or Authorised User, if i-Hub is provided in advance with sufficient information concerning said End Client or Related Individual and demonstrating knowledge of this latter by the person creating the profile.

8. Intellectual property

8.1 The User and, where applicable, the Legal Entity expressly acknowledge and agree that all intellectual property rights (notably including all software and Application Programming Interfaces (API), trademarks, logos and confidential information) relating to the i-Hub Websites belong to i-Hub and/or its licensors.

8.2 The User and, where applicable, the Legal Entity shall not exercise these intellectual property rights relating to the i-Hub Websites for any purpose other than their normal use in accordance with the terms of these ToU and in accordance with applicable law.

9. Amendments to the ToU and the i-Hub Websites

9.1 i-Hub may, at any time and at its own discretion and while maintaining the free nature of the i-Hub Websites, amend the terms and conditions of the i-Hub Websites service, notably to adhere to any commercial, technical or regulatory constraints. This includes the right to amend these ToU.

9.2 Such amendments will be posted on the Websites at least two (2) months prior to their entry into force, although amendments resulting from legislative or regulatory changes may enter into force within a reduced time frame where this is necessary in order to comply with laws and regulations. The User is therefore obliged to check the ToU on the Websites regularly to take note of any changes, as these will be binding as of their stated date of entry into force.

10. Waiver – Entire Agreement – Severability – Subcontracting

10.1 The fact that i-Hub does not exercise a right or a remedy shall in no way be interpreted as a waiver of this right or remedy.

10.2 The ToU contain the entire agreement between the Parties with respect to the use of the i-Hub Websites and therefore supersede all previous agreements and exchanges (written or verbal). Any other condition that has not been expressly accepted by i-Hub is explicitly excluded.

10.3 If any provision of the ToU is found to be unenforceable, the remaining provisions of the ToU shall remain in full force and effect as if such provision had never been contained in these ToU.

10.4 i-Hub has the right to subcontract some or certain parts of the i-Hub Websites to third parties and in particular to companies in the i-Hub group.

11. Survival of certain provisions

11.1 Any condition that would, by its very nature or otherwise, reasonably be expected to survive cancellation or termination of these ToU shall be deemed to survive. This includes, but is not limited to, Articles 5 (Liability), 8.1 (Intellectual property), 11 (Survival of certain provisions) and 12 (Applicable law – Jurisdiction).

12. Applicable law – Jurisdiction

12.1 These ToU and the use of the i-Hub Websites are governed by Luxembourg law, to the exclusion of its conflict-of-law rules.

12.2 The Parties undertake to seek an amicable settlement for any complaint or dispute that may arise between them concerning the ToU and the use of the i-Hub Websites, before initiating legal proceedings. In this regard, all complaints must be submitted in writing to the person responsible for handling complaints at i-Hub management level. If a User has not received a satisfactory answer within one (1) month, he/she may file a mediation request with the Commission de Surveillance du Secteur Financier (or “CSSF”) within one (1) year of submission of his/her complaint to i-Hub. This request can be submitted via a form that can be downloaded or completed on the CSSF website (https://reclamations.apps.cssf.lu/index.html?language=en). If the User is a consumer, he/she can use the platform provided by the European Commission at the following address: https://webgate.ec.europa.eu/odr/

12.3 If the complaint or dispute cannot be settled amicably within a period of ninety (90) days running from submission of the request for mediation to the CSSF or any other alternative dispute resolution mechanism (the period of which may be extended if the mediation procedure with the CSSF is still pending), either Party may submit this complaint or dispute to the exclusive jurisdiction of the district court of the city of Luxembourg.

13. Contact

13.1 For any question or complaint, Users can contact i-Hub via the contact/complaint form available at https://www.i-hub.com/en/complaint-en/Depending on the type of question or complaint, Users may be invited to make direct contact with Business Relations that have uploaded or viewed the Documents and End Client Data on the i-Hub Websites.