Digital Wallet Terms And Conditions

The following terms and conditions (these "Terms") apply when you add an eligible Made Card or virtual account number associated with an eligible account (each a "Card") in any digital wallet on compatible devices, as determined by the digital wallet provider ("Supported Devices"). These Terms are a legal agreement between you and mCard Technologies ("we," "us," or "Made Card"). In addition to these Terms, you will continue to be subject to the applicable Cardmember Agreement and/or other terms that govern your Card.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ADDING OR USING YOUR CARD IN ANY DIGITAL WALLET, BECAUSE BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE.

1. USE OF YOUR CARDS IN DIGITAL WALLETS

You can add your Cards to digital wallets on your Supported Devices and use the digital versions of your Card to make (i) contactless payments at merchants' contactless-enabled point-of-sale terminals or readers that accept contactless payments and (ii) purchases in-app or on websites of merchants that accept the digital wallet as a payment method.

By selecting an added Card and placing your Supported Device near a merchant's contactless-enabled point-of-sale terminal or reader or by using a Card for an in-app or a website purchase, you are authorizing the payment for the applicable merchant's products or services with that Card in the digital wallet.

By enabling automatic payments for an added Card for a merchant that accepts a digital wallet, you are authorizing payment to the merchant on a recurring basis for the merchant's products or services with that Card in the digital wallet. The authorized merchant may initiate the recurring payments on your behalf with the added Card until you revoke authorization in the digital wallet.

For each Card added to a digital wallet, you may also view transaction history for that Card, subject to the digital wallet provider's functionality. The digital wallet may provide you with the option and ability to turn off this transaction history feature for each Card.

2. ELIGIBILITY

You must have the power, authority and capacity to accept these Terms before you can add or use your Card in a digital wallet. If you are a minor under the laws of the jurisdiction in which you accept these Terms (under 18 in most States), you must have first obtained the consent of the primary Cardholder and, by adding or using a Card in a digital wallet, you acknowledge and agree that you have received that consent.

3. CHARGES

We do not currently charge a fee for the use of your Card in digital wallets. However, the digital wallet provider or another third party supporting the digital wallet may contemplate fees, limitations and restrictions which might affect your use of a Card (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.

4. PRIVACY AND SECURITY

Privacy and Data Usage

When you add your Card to a digital wallet, we collect certain information from the digital wallet provider to verify your identity, to enable you to use your Card and facilitate your participation in the digital wallet. You authorize Made Card to collect, use and share your information in accordance with our Privacy Policy, as it may be amended from time to time, which is available on our website.

Made Card periodically collects and uses technical data and related information, including, but not limited to technical information about your Supported Device to facilitate updates to our services. This technical data will not personally identify you.

Digital wallet providers may collect and use data in accordance with their own privacy and security policies and practices.

Push Notifications

You may receive push notifications from digital wallets from time to time reflecting your Card account activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Supported Device.

Security

You are responsible for maintaining the confidentiality of your digital wallet user ID, applicable passwords and other means you may from time to time have to access the digital wallet and your Supported Device. If you share these credentials with any other person, they may be able to use your Cards and get access to your personal and payment information available in the digital wallet.

Any person with your device passcode or who has a fingerprint, face recognition or other biometric identifier registered to your device will be able to authorize transactions using your Card. Pursuant to your Cardholder Agreement or other terms that govern your Card, as applicable, you are responsible for all transactions made using your Card in a digital wallet.

Please note that push notifications can be displayed on a locked or inactive device screen and within the notification tray at the top of the home screen of some devices. Since it is possible to view this information even when your Supported Device is locked, we strongly encourage you to maintain physical control over your Supported Device and/or turn off push notifications if you are uncomfortable with this possibility.

Call us immediately at the telephone number printed on the back of your Card if you believe your Supported Device or your credentials have been lost or stolen or someone has used or may use your Supported Device or your credentials without your authorization. Additionally, for virtual account numbers associated with an eligible Made Card, contact the entity or the individual that provided you with the virtual account number.

5. THIRD PARTY AGREEMENTS

Digital wallet providers, your wireless carrier, and other third-party websites or services that support digital wallets have their own terms and conditions and privacy policies ("Third Party Agreements") and you are subject to those Third-Party Agreements when you give them your personal information, use their services or visit their respective sites. Made Card is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of any digital wallet provider's or any third party's products or services.

6. SUSPENSION; CANCELLATION

We reserve the right for any reason to pause or discontinue our participation in any digital wallet. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Card in a digital wallet at any time without notice and for any reason, including if you violate these Terms or any of your Cardholder Agreements or other terms that govern your Card, as applicable, if we suspect fraudulent activity or as a result of the cancellation or suspension of your Card account. You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any Card.

7. DISCLAIMER OF WARRANTIES

DIGITAL WALLETS ARE PROVIDED BY THIRD PARTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IN A DIGITAL WALLET IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR AUTHORIZED REPRESENTATIVES, DO NOT WARRANT AGAINST INTERFERENCE, DELAY, INTERRUPTION OR DISRUPTION WITH YOUR USE OF ANY CARD IN CONNECTION WITH A DIGITAL WALLET. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY MADE CARD, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY WILL CREATE ANY WARRANTY.

THE ACCESS, USE AND MAINTENANCE OF A CARD WITHIN A DIGITAL WALLET DEPENDS ON THE DIGITAL WALLET SERVICES AND THE NETWORKS OF WIRELESS CARRIERS AND NOT MADE CARD. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD, SUCH AS UNAVAILABILITY OF A DIGITAL WALLET OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. MADE CARD DISCLAIMS ANY RESPONSIBILITY FOR ANY DIGITAL WALLET OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A CARD WITHIN A DIGITAL WALLET.

This Section 7 will survive any termination of these Terms.

8. LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT WILL MADE CARD, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, 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 ANY CARD IN A DIGITAL WALLET, 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 OF USE WILL 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 8 will survive any termination of these Terms.

9. DIGITAL VERSION OF YOUR CARD IN DIGITAL WALLETS

A DIGITAL VERSION OF YOUR CARD IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF USE. MADE CARD RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to add and use your Card on your Supported Device solely in accordance with these Terms.

You agree that the digital version of your Card in a digital wallet may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Card in a digital wallet or change the enrollment process.

10. GOVERNING LAW AND DISPUTES

These Terms and your use of any Card in a digital wallet are governed by the laws of the State of Delaware and applicable federal law.

The claims resolution provision of the applicable Cardholder Agreement or other terms that govern your Card will govern any claim, dispute or controversy arising out of or relating to these Terms or your use of any Card in a digital wallet (each, a "Dispute").

Subject to such dispute resolution provisions, you expressly agree that exclusive jurisdiction for any Dispute with us resides in the courts of Delaware and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such Dispute.

The terms of this Section 10 will survive termination of these Terms, together with any other terms which by their nature the parties contemplate should survive.

11. CHANGES TO THESE TERMS OF USE

We reserve the right to revise these Terms at any time and you are deemed to be aware of and bound by any changes to these Terms by your continued access to or use of any Card in a digital wallet.

12. COMMUNICATION

As a condition to activating and using your Cards in a digital wallet, you consent to receive certain messages on your Supported Device (i.e., SMS, MMS) from us. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Card account, posting within your online account, or through the messaging capabilities of the digital wallet.

We may also send you push notifications from the Made Card app from time to time. If you do not wish to receive such notifications, you may turn them off within your Supported Device notification settings.