GREENMERC FINANCE AB – GENERAL TERMS AND CONDITIONS FOR PAYMENT SERVICES, PLATFORM USE, AND CREDIT INTERMEDIATION


Valid from: 1 January 2025 Version: 1.0


This is a translation. In the event of any discrepancies, the original Swedish version shall prevail.



GreenMerc Finance AB, org. no. 559387-1394 (“GreenMerc”, “we”, “us”) is a payment institution authorised by the Swedish Financial Supervisory Authority (Finansinspektionen) to provide payment services in accordance with the Act (2010:751) on Payment Services (“Payment Services Act”).

FI Institution Number: 71301

Contact: support@greenmerc.com

Complaints: klagomal@greenmerc.com


These general terms and conditions (“Terms”) apply to all users of GreenMerc's digital services (“Platform”), including consumers and businesses, and regulate:

  • Payment services (regulated services under the Payment Services Act), and
  • Credit intermediation and administrative management related to financing arrangements where a third party may act as the credit provider.

Use of the Platform, including utilisation of the payment services provided by GreenMerc, requires acceptance of the Terms.


PART 1 – INTRODUCTION, AGREEMENT STRUCTURE, AND DEFINITIONS
1. Scope and order of precedence of the agreement

1.1 The Terms regulate the rights and obligations between GreenMerc and the user of the Platform (“User”).

1.2 The Terms constitute a framework agreement and are supplemented by:

  • • (a) Service-specific terms (e.g., payment orders, account functions, payout/deposit flows),
  • • (b) Information about GreenMerc's payment services (published on the Platform),
  • • (c) Price list/fee schedule (published on the Platform),
  • • (d) Specific instructions in the Platform's interface.

1.3 In the event of conflict, the following order of precedence applies:

  1. Mandatory law (including the Payment Services Act and consumer protection rules)
  2. Where applicable, individual written agreements between the User and GreenMerc
  3. These Terms
  4. Instructions and information published on the Platform

2. GreenMerc's roles – payment service provider and (where applicable) credit intermediary

2.1 Payment services: GreenMerc acts as a payment service provider and provides payment services in accordance with the Payment Services Act.

2.2 Credit intermediation (if applicable): GreenMerc may provide digital administration and intermediation functions related to credit arrangements between credit providers and borrowers.

2.3 GreenMerc is not a bank and does not provide financial advice unless expressly agreed separately with a clear advisory framework.

2.4 GreenMerc is not a party to credit agreements that may have been intermediated by GreenMerc.


3. Consumers and businesses

3.1 Certain legal provisions are mandatory in favour of consumers. If you are a consumer and a provision in the Terms restricts a mandatory right, the law applies.

3.2 For businesses (B2B), certain terms may be non-mandatory. If special B2B terms are agreed, they take precedence over these Terms.


4. Definitions

In the Terms, the following terms mean:

  • “Payment Service”: Execution of a payment transaction, including transfer of funds to a payment account, via a) direct debit, b) payment card or other payment instrument, or c) account-based payments, or other payment service for which GreenMerc is authorised under the Payment Services Act.
  • “Payment Order”: Instruction from the User to execute a payment.
  • “Client Funds”: Funds belonging to the User that GreenMerc holds on the User's behalf.
  • “Client Account/Segregated Account”: Account with a credit institution where Client Funds are kept separate from GreenMerc's own funds in accordance with the Payment Services Act.
  • “Strong Customer Authentication (SCA)”: Strong customer authentication as defined and regulated in the Payment Services Act.
  • “Borrower”: Natural or legal person who applies for or receives credit via arrangements on the Platform (if applicable).
  • “Credit Provider”: Party providing credit (e.g., investor or other financier) under a credit agreement (if applicable).

PART 2 – REGISTRATION, CUSTOMER DUE DILIGENCE, COMMUNICATION, AND SECURITY
5. Conclusion of agreement and electronic communication

5.1 An agreement is formed when the User registers an account, digitally accepts the Terms, or uses the Platform.

5.2 Electronic approvals, signatures, and messages via the Platform are valid and binding under Swedish law.


6. KYC/AML and the User's obligation to provide information

6.1 GreenMerc conducts customer due diligence (KYC) and monitoring in accordance with the law on measures against money laundering and terrorist financing and internal governing documents.

6.2 The User must provide accurate and complete information as requested by GreenMerc at any time and promptly update GreenMerc on any changes to previously provided information.

6.3 GreenMerc may request additional documentation (e.g., identity documents, company documents, information on beneficial owners, origin of funds). Failure by the User to provide such additional documentation or information may result in restrictions or termination of the services provided by GreenMerc.


7. Security, authorisation, and SCA

7.1 GreenMerc may require strong customer authentication (SCA), security measures, transaction limits, and additional verification.

7.2 The User is responsible for protecting login credentials, devices, and authentication methods. Suspected unauthorised access must be reported immediately.


PART 3 – PAYMENT SERVICES: EXECUTION, CLIENT FUNDS, LIABILITY, AND REFUNDS
8. Payment services provided

8.1 GreenMerc provides via the Platform payment services that may include (depending on user flow):

  • Execution of payment transactions (via a) direct debit, b) payment card or other payment instrument, or c) account-based payments),
  • Receipt of Client Funds from the User,
  • Administration of payouts/refunds in connection with financing arrangements,
  • Technical and administrative functions related to payment flows within GreenMerc's authorisation.

8.2 The exact scope is evident from the Platform's functions, instructions, and any service-specific terms.


9. Client Funds – holding period, segregation, and protection

9.1 If GreenMerc holds Client Funds in connection with providing payment services, this is done solely on the User's behalf.

9.2 GreenMerc may hold Client Funds for a maximum of 30 days, unless otherwise required by law, regulatory requirements, or expressly agreed in individual cases (e.g., reconciliation/refund process).

9.3 GreenMerc implements protective measures for Client Funds in accordance with the Payment Services Act, such as keeping Client Funds separate from its own funds in a dedicated Client Account.

9.4 Client Funds may not be used for GreenMerc's own obligations and are accounted for separately to the extent required by law.


10. Payment orders – submission, revocation, and execution

10.1 The User submits payment orders via the Platform in accordance with the indicated flows.

10.2 The time when a payment order is deemed received (“receipt time”) is determined according to the Platform's instructions and applicable regulations.

10.3 Revocation of a payment order may be possible until the order becomes irrevocable under the Payment Services Act or is technically executed. What applies is evident from the Platform's flow.

10.4 GreenMerc may, at its own discretion and without prior notice to the User, refuse, pause, or withhold a payment for security, compliance, or risk reasons (see section 14).


11. Fees, exchange rates, and information

11.1 Fees are stated in the Platform's price list or in connection with the transaction.

11.2 If currency exchange occurs, the exchange rate or calculation basis must be evident in the relevant flow.

11.3 GreenMerc may amend fees and terms in accordance with section 25.


12. Unauthorised transactions, incorrectly executed transactions, and complaints

12.1 If the User suspects an unauthorised or incorrect transaction, the User must contact GreenMerc without delay and follow instructions for blocking/investigation.

12.2 The right to demand correction/refund may be subject to time limits under the Payment Services Act (as a starting point, no later than 13 months from the debit date, unless the law provides otherwise).

12.3 GreenMerc's liability, as well as any liability of the User in case of negligence or fraudulent conduct, follows the Payment Services Act and cannot be restricted where mandatory rules apply.


13. Refunds and pass-through

13.1 In the event of refund of Client Funds (e.g., aborted transaction, rejected payment, cancelled project), the refund is made to the designated account/identifier according to the Platform's instructions, after completed checks.

13.2 In “pass-through” flows, GreenMerc forwards funds without holding them longer than necessary to execute the payment transaction.


14. Blocking, restriction, and security measures

14.1 GreenMerc may block the User's account or transactions if justified by security reasons, suspected unauthorised use, investigation, or suspicion of money laundering or terrorist financing, sanctions, regulatory decisions, or similar.

14.2 GreenMerc may introduce amount limits, time limits, additional verification, and other protections.


PART 4 – CREDIT INTERMEDIATION AND ADMINISTRATIVE MANAGEMENT (IF APPLICABLE)
15. Platform's credit-related functions and GreenMerc's role

15.1 GreenMerc may provide digital functions enabling Borrowers to apply for financing and Credit Providers to enter into credit agreements with Borrowers.

15.2 GreenMerc then typically acts as an administrative/technical coordinator and may handle documentation, information flows, reconciliation, payment distribution, and record-keeping.


16. No advice; own risk assessment

16.1 Information on the Platform may include reviews, summaries, and checks (“due diligence”) but does not constitute advice or guarantee.

16.2 Credit Providers make their own decisions and are responsible for risk assessment and suitability.

16.3 GreenMerc is not liable for the Borrower's future ability to pay or the accuracy of information from the Borrower/third party, to the extent liability does not follow from mandatory law.


17. Credit agreements, collateral, and payout conditions

17.1 Credit agreements are concluded between the Credit Provider and the Borrower according to the respective project's terms (if applicable).

17.2 Payout may be conditional on, among other things, signing, fulfilled collateral, KYC/AML, as well as internal and regulatory checks.


18. Payment distribution, delays, and collection

18.1 GreenMerc may administer payment distribution according to the payment plan and agreed terms.

18.2 In case of delay, reminders, debt collection, and legal measures may be initiated according to contractual documentation and law.

18.3 Costs may be charged to the Borrower according to the agreement and applicable law.


PART 5 – USER'S OBLIGATIONS AND PROHIBITED USE
19. User's undertakings

The User shall:

  • Provide accurate information and update it,
  • Follow instructions and security requirements,
  • Use only lawful funds and be able to demonstrate origin upon request,
  • Not use the Platform for illegal activities or to circumvent controls.

20. Prohibitions and misuse

It is prohibited to:

  • Manipulate services or attempt to bypass security measures,
  • Use automated tools without approval,
  • Provide misleading information,
  • Use the Platform for money laundering, terrorist financing, fraud, or other illegal purposes.

PART 6 – DATA PROTECTION, CONFIDENTIALITY, AND INFORMATION
21. Personal data and data protection

21.1 GreenMerc processes personal data to provide payment services, comply with requirements on measures against money laundering and terrorist financing, prevent fraud, fulfil other legal obligations, and handle customer support.

21.2 Personal data may be shared with suppliers, banks/payment partners, authorities, and advisors when required for service execution or legal requirements.

21.3 More information is available in GreenMerc's privacy policy.


22. Confidentiality

22.1 GreenMerc treats business-sensitive information confidentially, except in situations where disclosure is required by law, authority, court, or to protect rights and prevent crime.


PART 7 – LIABILITY, LIMITATIONS, AND TECHNOLOGY
23. Technical availability

23.1 The Platform is provided as is. Planned maintenance and operational disruptions may occur.

23.2 GreenMerc is not liable for errors due to the User's equipment, internet provider, or third-party systems outside GreenMerc's control.


24. Liability and limitation of liability

24.1 For payment services, liability allocation follows the Payment Services Act. Nothing in the Terms shall be interpreted as GreenMerc limiting liability contrary to mandatory law.

24.2 For other services (e.g., credit-related administration), GreenMerc is liable only for direct damage caused by negligence on GreenMerc's part, subject to mandatory law.

24.3 GreenMerc is not liable for indirect damages (e.g., lost profits), unless mandatory law provides otherwise.


PART 8 – AMENDMENTS, TERMINATION, COMPLAINTS, AND DISPUTES
25. Amendments to the Terms

25.1 GreenMerc may amend the Terms for reasons such as legislative changes, supervisory authority requirements, security, risk management, service development, etc.

25.2 Amendments to the Terms shall be notified to the User at least two months before entry into force via the Platform and/or email. Users who do not accept an amendment may immediately terminate the agreement with GreenMerc, which also means termination of the User's ability to use the Platform.


26. Termination of account and restriction of services

26.1 The User may terminate their account according to the Platform's instructions, provided outstanding obligations are settled.

26.2 GreenMerc may restrict or terminate the account/service in cases such as the User's failure to provide required customer due diligence information, suspicion of money laundering or terrorist financing, suspicion of misuse of the Platform or payment services provided by GreenMerc, breach of contract, inactivity, or regulatory reasons.

26.3 Termination does not affect rights/obligations that remain under law or individual agreements.


27. Complaints and claims

27.1 The User may submit complaints to GreenMerc's complaints function: contact.

27.2 GreenMerc handles complaints promptly and in a documented manner.

27.3 If the User is not satisfied, the User may turn to the National Board for Consumer Disputes (ARN) (for consumers) and/or the Swedish Financial Supervisory Authority, and always to a general court.


28. Governing law and disputes

28.1 This agreement shall be governed by Swedish law.

28.2 Disputes shall be settled by a Swedish court with the Stockholm District Court as the first instance, unless mandatory consumer rules give the User the right to bring action in another competent court.


29. Miscellaneous

29.1 If a provision is invalid, it does not affect the validity of the remaining provisions.

29.2 Headings are for structure only.