DIGITAL WALLETS: ASSOCIATED BANK TERMS OF USE
These terms of use (“Terms”) are a legal agreement between you and Associated Bank, N.A., its agents and assigns, that governs your access to and use of your eligible Associated Bank credit cards linked to accounts domiciled in the United States (“Card” or “Cards”) through digital wallet providers, including but not limited to Apple Pay, Google Pay, and Samsung Pay (“Wallets”). The terms "you" and "your" throughout these Terms refer to cardholders, joint accountholders, and other authorized persons with a Card, and the terms “we” or “us” refer to Associated Bank, N.A., its agents and assigns. The term “Wallet” shall include the Wallet-branded payment functionality and the Card provisioning functionality performed, and transaction history displayed, by the applicable Wallet application. We will determine, in our sole discretion, which Cards will be eligible for use through a Wallet. Some Wallet-eligible Cards may not be eligible for every Wallet. Please review these Terms before you accept them and add any of your Cards to a Wallet. You consent to receiving these Terms electronically. By adding and/or using a Card in a Wallet you agree to only use your Card through such Wallet in accordance with these Terms. If you do not agree to these Terms, then you may not add your Card to, or use your Card in connection with, a Wallet.
These terms are supplemental and in addition to the relevant agreements between you and us related to your Card and applicable deposit or credit accounts (“Cardholder Agreement”). Your use of a Wallet to purchase goods and services with your Card and to store your information in the Wallet is governed by the Cardholder Agreement. The Cardholder Agreement is incorporated by reference as part of these Terms. Your Cardholder Agreement may contain a binding arbitration provision that affects your rights with respect to your use of such Card. The arbitration provision applies to any disputes between you and us arising from your access to or use of Cards in connection with a Wallet. Please review your Cardholder Agreement to understand the arbitration terms. You also acknowledge that your use of a Wallet is subject to the terms and conditions set forth by the Wallet provider, which can include Apple, Inc. (“Apple”), Google Payment Corp. (“Google”), and Samsung Pay, Inc., and you will also be subject to any third party agreements when you give such third parties your personal information, use their services or visit their respective websites or applications.
By agreeing to these Terms of Use, you represent the following:
- You are 18 years old or older; and
- Capable of entering and authorized to enter into a legally binding agreement for you and/or the company you are representing and binding to these Terms.
CONTENTS
1. ELIGIBILITY
2. YOUR USE OF CARDS THROUGH A WALLET
3. AUTHORIZATION TO COLLECT AND SHARE DATA
4. THIRD PARTY AGREEMENTS
5. MERCHANT RELATIONSHIPS AND DISCLAIMERS
6. CHANGES TO PARTICIPATION AND TERMS OF USE
7. INTELLECTUAL PROPERTY
8. DISCLAIMER OF WARRANTIES
9. LIMITATION OF LIABILITY
10. INDEMNITY
11. REPRESENTATION AND WARRANTY
12. GOVERNING LAW
1. ELIGIBILITY
Wallets may be available to cardholders for the purposes of purchasing goods and services with a compatible mobile device that contains a secure element ("Supported Mobile Device"), at near field communication enabled merchants and for in-app purchases at merchants that accept the Wallet as form of payment. Supported Wallets allow you to use your Supported Mobile Device to access and use your Cards to make such purchases in place of presenting or using your physical Card. Wallet providers, and not us, are solely responsible for determining what mobile devices are Supported Mobile Devices. To add your Card to a Wallet, you must register your Card through the Wallet application. You may be required to take additional steps to authenticate yourself before your Card is added to the Wallet, including providing additional identifying information. By adding your Card to a Wallet, a unique numerical identifier different from your Card number (“Token”) will be added to the secure element of your Supported Mobile Device, for the purpose of making purchases and receiving refunds through the Wallet. Due to the manner in which the Wallets operate, you may need to present your Supported Mobile Device to a merchant when you return an item purchased using a Wallet on such Supported Mobile Device. Please note that in connection with Card authorization, the last 4 digits or your Card number associated with these transactions may not match the last 4 digits of your physical Card number.
2. YOUR USE OF CARDS THROUGH A WALLET
Purchases you make with a Wallet using your Card are governed by the Cardholder Agreement. Please review the Cardholder Agreement for important information on your rights and responsibilities when making purchases. If your Supported Mobile Device is lost or stolen, your fingerprint identity, or other passcode is compromised or your Card has been used through the Wallet without your permission, you should follow the procedures detailed in the Cardholder Agreement. You acknowledge that your Supported Mobile Device can be used to make purchases using a Wallet without waking the Supported Mobile Device.
You agree and acknowledge that the transaction history displayed in the Wallet in connection with use of your Card in the Wallet solely represents our authorization of your Wallet transaction and does not reflect any post-authorization activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for your Wallet transaction history in connection with use of your Card in a Wallet may not match the transaction amount that ultimately clears, settles, and posts to your Card’s statement.
We currently do not impose a fee for using your Card through a Wallet but we reserve the right to impose a fee in the future.
As a condition to using your Card in connection with a Wallet, you consent to receiving from us notifications and automatically dialed calls or text messages on your Supported Mobile Device, including at the Supported Mobile Device phone number you provide. If at any time you revoke this consent, we may suspend or cancel your ability to use your Cards in connection with a Wallet. Depending on your phone plan, you may be charged for sending and/or receiving text messages. You will be responsible for any applicable charges. You acknowledge, agree and understand that your receipt of any text message may be delayed or prevented by factor(s) affecting your wireless service provider and/or other factors outside our control. We neither guarantee the delivery nor the accuracy of the contents of any message. Message & Data rates may apply. Neither we nor the wireless carriers are liable for delayed or undelivered messages.
Devices modified contrary to the manufacturer’s software or hardware guidelines, including by disabling hardware or software controls—sometimes referred to as “jailbreaking”—are not Supported Mobile Devices. You acknowledge that the use of a modified device to use your Card in connection with a Wallet is expressly prohibited, constitutes a violation of the Terms, and is grounds for us to deny your access to your Cards through a Wallet.
3. AUTHORIZATION TO COLLECT AND SHARE DATA
You agree that we may collect, transmit, store, and use technical, location, and login or other information about you and your use of the Cards through a Wallet. You acknowledge that (i) the Wallet provider, as well as its sub-contractors, agents, and affiliates, and (ii) the applicable payment network branded on your Card and/or utilized by us (e.g., MasterCard International Incorporated and its affiliate Maestro) as well as such network’s sub-contractors, agents, and affiliates, will have access to certain details of your transactions made with merchants via use of your Cards through the Wallet. We will use, share and protect your personal information in accordance with our Privacy Statements applicable to your Card account. You acknowledge that the use and disclosure of any personal information provided by you directly to your Wallet provider, the applicable payment network branded on your Card and/or utilized by us, or other third parties supporting the Wallet, will be governed by such party’s privacy policy and not the our Privacy Statements. Please see Associated Bank’s privacy notice on www.associatedbank.com for additional information on our privacy practices.
4. THIRD PARTY AGREEMENTS
These Terms only address the terms and conditions that apply to your use of your Card. The Wallet, your wireless carrier, and other third party websites or services integrated into the Wallet have their own third party agreements and you are subject to such third party agreements when you provide them your personal information, use their services or visit their respective sites. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of a Wallet’s or any third party’s products or services.
It is your responsibility to read and understand the third party agreements before creating, activating or using a Card in a Wallet.
5. MERCHANT RELATIONSHIPS AND DISCLAIMERS
Merchants may present to you certain discounts, rebates or other benefits (e.g. free shipping) ("Offers") in a Wallet. Such Offers are subject to certain terms and conditions and may change at any time without notice to you. We will not be liable for any loss or damage as a result of any interaction between you and a merchant with respect to such Offers. Subject to applicable law and your Cardholder Agreement, all matters, including delivery of goods and services, returns, and warranties, are solely between you and the applicable merchants. You acknowledge that we do not endorse or warrant the merchants that are accessible through a Wallet or the Offers that they provide.
6. CHANGES TO PARTICIPATION AND TERMS OF USE
Subject to applicable law, at any time we may (i) suspend and/or terminate your use of Cards in connection with a Wallet, (ii) modify or suspend the type or dollar amounts of transactions allowed using Cards in connection with a Wallet, (iii) change a Card’s eligibility for use with a Wallet and (iv) change the Card authentication process.
We may change or modify these Terms, at any time without notice to you. We may revise these Terms at any time by updating this posting. You are bound by such revisions and should therefore review the current Terms from time to time.
7. INTELLECTUAL PROPERTY
All intellectual property rights including all patents, trade secrets, copyrights, trademarks and moral rights (“Intellectual Property Rights”) in a Wallet (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned either by the Wallet provider, us, or the applicable licensors or third parties. Nothing in these Terms gives you any rights in respect of any intellectual property owned by a Wallet, us, or the relevant licensors or third parties and you acknowledge that you do not acquire any ownership rights by adding your Card to, or using your Card in connection with, a Wallet.
8. DISCLAIMER OF WARRANTIES
Wallets are provided by the Wallet provider and without warranty from us. You acknowledge and agree that from time to time, your use of your Card in connection with a Wallet may be delayed, interrupted or disrupted for an unknown period of time for reasons we cannot control. Neither we nor our affiliates or assigns will be liable for any claim arising from or related to use of your Card through a Wallet due to such delay, interruption, disruption or similar failure.
You acknowledge that we are not party to the terms and conditions for a Wallet between you and the Wallet provider and we do not own and are not responsible for the Wallet. We are not providing any warranty for the Wallet. We are not responsible for maintenance or other support services for Wallets and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to a Wallet, including, without limitation, any third party product liability claims, claims that a Wallet fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of a Wallet, including those pertaining to Intellectual Property Rights, must be directed to the Wallet provider.
We do not recommend, endorse or make any representation or warranty of any kind regarding the performance or operation of your Supported Mobile Device. You are responsible for the selection of an Supported Mobile Device and for all issues relating to the operation, performance and costs associated with such Supported Mobile Device. Any issues (by way of example only, support or assistance) related to your Supported Mobile Device must be directed to the appropriate third party in accordance with that third party's procedures for customer support and assistance.
This Section shall survive the termination of these Terms.
9. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR PROCESSORS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, ASSIGNS AND EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF A WALLET, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH A WALLET. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF YOUR CARD IN A WALLET. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE, OUR PROCESSORS, SUPPLIERS, AND LICENSORS (AND THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, ASSIGNS AND EMPLOYEES) ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF A WALLET, INCLUDING YOUR USE OF YOUR CARD IN CONNECTION WITH A WALLET; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM A WALLET; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH A WALLET BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH A WALLET; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL WE, OUR PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, ASSIGNS AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Section shall survive the termination of these Terms.
10. INDEMNITY
You will indemnify, defend, and hold us harmless (and our employees, directors, agents, affiliates and representatives) from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, demands and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry, or other proceeding instituted by a person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in this Terms of Use, including any violation of our policies; (b) your wrongful or improper use of a Wallet, including willful misconduct or fraud; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) your violation of any law, rule or regulation of the United States or any other country; and/or (e) any other party’s access or use of a Wallet with your biometrics (e.g., Touch ID) or other appropriate security code.
This Section shall survive the termination of these Terms.
11. REPRESENTATION AND WARRANTY
You represent and warrant to us that: (i) to the extent you identified a name at registration, the name identified by you when you registered your Card to be added to a Wallet is your name; (ii) the Card you added to a Wallet is your Card; (iii) you have the authority to authorize the receipt of notices, calls and text messages from us at the phone number you provide; (iv) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to you, including any applicable tax laws and regulations; (v) you will not use your Card through a Wallet for any fraudulent undertaking or in any manner so as to interfere with the operation of a Wallet; and (vi) your use of your Card in connection with a wallet will comply with these Terms.
This Section shall survive the termination of these Terms.
12. GOVERNING LAW
The same laws that govern your account relationships with Associated Bank, N.A. as explained in your Cardholder Agreement shall govern these Terms.
This Section shall survive the termination of these Terms.
