Last Updated on April 20, 2022

Productfy Terms of Use for Apple Pay, Google Pay, and Samsung Pay. 

These Apple Pay, Google Pay and Samsung Pay Terms of Use (“Terms”) apply when you add an eligible Credit or Debit Card issued by Stearns Bank, N.A. and offered through its Program Manager, Productfy, Inc. (“Program”) to the Apple Pay, Google Pay or Samsung Pay services (hereinafter, each of the Apple Pay, Google Pay and Samsung Pay services are individually referred to as an “App Pay”) offered by Apple, Google or Samsung and/or their agents (“App Pay Provider”). In these Terms, “you” and “your” refer to the Bank Credit or Debit Cardholder, and “we”, “our”, “us” and “Bank” refer to Stearns Bank, N.A. and its Program Manager, Productfy, Inc. When you enroll your Bank Credit or Debit Card (“Card”) to use an App Pay you agree to these Terms.

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

Your privacy is important to us. The U.S. Consumer Privacy Notice available online at www.stearnsbank.com applies to your use of the Card with an App Pay. You agree that we may share your information with the App Pay Provider and its  principals and/or  agents, any payment network, and others in order to provide the services you have requested, to make information available to you about your Card transactions, and to improve your ability to use these services. This information helps us to enable you to enroll your Card in the App Pay and to maintain your Card for the use of the App Pay. We do not control the privacy and security of your information that may be held by the App Pay Provider and its principals and/or agents, and that is governed by the privacy policy given to you by the Provider when you sign up for and enroll in an App Pay. When you enroll your Card in an App Pay, personal information you provide about you and your Card are transmitted through third party connections and may be collected by the App Pay Provider in order to determine your eligibility and otherwise enable you to use App Pay. Consequently, we cannot guarantee the security or privacy of such transmissions of your information.

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 

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL BANK, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE YOUR CARD WITH THE APP PAY SERVICE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NOTHING IN THESE TERMS SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS’ LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Federal law and the laws of certain states or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms. This Section shall survive any termination of these Terms.

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.

Questions 

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)

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