Last Updated on April 20, 2022
What is an App Pay
An App Pay allows you to store virtual representations of Cards on your supported mobile device(s) to make contactless payments at select merchants utilizing the merchant’s contactless terminal or in-app, or other digital commerce payments, at merchants participating in the App Pay service.
How to Enroll in an App Pay
You can enroll an eligible Card in an App Pay by inputting your Card information into the respective App Pay application (“App Pay App”) of your compatible mobile device consistent with the App Pay App’s instructions. Only those Cards that we specify and approve are eligible and can be enrolled to be used with the App Pay service. You are solely responsible for inputting your account information into the App Pay App and for the accuracy of that information. When you enroll your Card in an App Pay, you are permitted to use your compatible mobile device to pay for purchases with your Card anywhere the App Pay is accepted. The App Pay may not be utilized or accepted at all places where your Card is accepted.
Your Credit or Debit Card Agreement Continues to Apply
These Terms form a part of and are in addition to your Card Agreement with us. In the event of conflicts between the Terms and your Card Agreement, these Terms shall control. The terms of the Card Agreement continue to apply to your Card and do not change when you add your Card to the App Pay App. The App Pay simply provides another method for you to make purchases with your Card. Any interest, fees, and charges that apply to your Card will also apply when you use an App Pay to pay for goods or services with your Card.
There may be Third Party Fees and Charges
Bank does not charge you any additional fees for adding your Card to an App Pay or using an App Pay to pay for goods or services. Third parties such as wireless companies or data service providers may charge you fees for enrolling in and using an App Pay and you are responsible for any such wireless carrier data or usage fees incurred.
We are not Responsible for the App Pay
We are not the provider of the App Pay and we are not responsible for providing the App Pay service to you. We are not responsible for any failure of the App Pay service or your inability to use the App Pay for any transaction. We are not responsible for the performance or non-performance of the App Pay Provider or any other third parties regarding any agreement you enter into with the App Pay Provider or associated third party relationships that may impact your use of an App Pay.
You may not Use Your Card or an App Pay for Illegal Purposes
You agree not to use your Card and/or an App Pay for illegal or fraudulent purposes, or any other purposes which are prohibited by the App Pay App license or these Terms. You further agree to use your Card and the App Pay in accordance with applicable law and regulations. Except as required by law, we reserve the right to terminate your use of the Card and the App Pay at any time without notice and for any reason, including if we suspect that you are engaged in illegal or fraudulent activity.
How to Keep Your Card and Credentials Secure
You are responsible for keeping your App Pay login and credentials private and secure. After enrolling in an App Pay, you should secure your mobile device with the same care you would your Card and other confidential information to avoid unauthorized use of your Card. If you share your credentials with any other person, they may be able to use your mobile device and get access to your personal and payment information available through the App Pay service. You should immediately contact us at the number on the back of your Card if you believe your mobile device or authentication credentials have been lost, stolen, or compromised.
Your Privacy is Important to Us
How to Remove Your Card from an App Pay
You may be familiar with the App Pay and know how to remove your Card from the Digital Wallet. If not, you should contact the App Pay support to determine how to remove your Card from the App Pay service. If you remove your Card from the App Pay and subsequently re-enroll your Card in the App Pay, your use of the App Pay will be subject to our Terms for the App Pay then in effect. Except as required by law, we reserve the right to restrict, suspend or terminate your use of your Card within App Pay at any time, without notice to you, and for any reason, including if you violate these Terms or the terms of the Card Agreement. This right to restrict, suspend or terminate your Card may be either temporarily or permanently. You further understand and acknowledge that the App Pay Provider may suspend your ability to use your Card with the App Pay service in accordance with the terms and conditions you agree to when enrolling in the App Pay. You agree that we will not be liable to you or any third party for any restriction, suspension or termination of your use of your Card within App Pay.
We can Terminate or Change these Terms at Any Time
We can terminate these Terms at any time with or without notice, unless notice is required by law. We can also change these Terms, or add or delete any terms in these Terms, at any time.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that your use of an App Pay is voluntary and is at your sole risk. To the extent permitted by applicable law, the ability to use your Card with an App Pay is provided to you “as is” and “as available,” with all defects that may exist from time to time and without warranty of any kind, and Bank, on behalf of itself and its service providers and suppliers, hereby disclaims all warranties and conditions with respect to an App Pay, whether express, implied or statutory, including, but not limited to, the implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We, on behalf of ourselves and our service providers and suppliers, also do not warrant against interference with your enjoyment of the App Pay, or that the functions contained in the App Pay service, or services performed or provided by the App Pay Provider, will meet your requirements, that the operation or availability of the App Pay will be uninterrupted or error-free, or that defects in the App Pay will be corrected. No oral or written information or advice given by Bank, any of its authorized representatives or any third party shall create any warranty to you. Access, use and maintenance of the App Pay depend on the App Pay Provider and the networks of wireless carriers. Bank does not operate the App Pay service or such networks and has no control over their operations. Bank will not be liable to you for any circumstances that interrupt, prevent or otherwise affect the functioning of the App Pay, such as unavailability of the App Pay service or your wireless service, communications, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection. Bank disclaims any responsibility for the App Pay service or any wireless service used to access, use or maintain the App Pay. Use of an App Pay involves the electronic transmission of personal information through third party connections. Because we do not operate or control these connections, we cannot guarantee the privacy or security of these data transmissions. Additionally, your supported mobile device’s browser is generally pre-configured by your wireless carrier. Check with the App Pay Provider and your wireless carrier for information about their privacy and security practices. For personal or confidential information sent to or from Bank over the internet from your supported mobile device, we reserve the right to limit such connections to “secure sessions” that have been established using transportation layer security or other security standards we select. We make no guarantees about the information shown in the App Pay service. We also are not responsible for your supported mobile device or the software or hardware it contains and make no representations, warranties, or guarantees regarding the same. This Section shall survive any termination of these Terms.
LIMITATION OF LIABILITY
We Communicate with You Electronically
You consent to receive electronic communications and disclosures from us in connection with your Card and an App Pay. You agree that we can contact you by email at any email address you provide us in connection with your Card. We can also provide notices to you concerning these Terms and your use of your Card within App Pay by posting the material on the Program website or application, by calling you at the telephone number you provide to us, or by contacting you at the current address we have on file for you. You further agree to promptly update your contact information with us when it changes.
Governing Law and Dispute Resolution
These Terms are governed by federal law and, to the extent state law applies, the laws of the state that apply to your Card Agreement. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your Card Agreement.
If you have any questions, disputes, or complaints about the use of your Card with an App Pay, contact the App Pay Provider using the information given to you by the provider. If you have questions, disputes, or complaints about your Card, then contact us at the support number or support email address in your Card Agreement.
Version 2.1 (03-17-22)