Samsung Pay Supplementary Terms of Service

Last Revised: October 26, 2021

1. Background

1.1 Supplementary ToS. Please read these supplementary terms of service (“ToS”) carefully before

accessing or using Samsung Pay because it constitutes a binding legal agreement between you (“You”,

“Your” or “User”) and Samsung Electronics America, Inc. (“Samsung”, “we”, “us” or “our”). By installing

or using Samsung Pay, You agree to be bound by the ToS. If you do not agree to the ToS, you may not

and Conditions (“Service Terms and Conditions”) available at

https://account.samsung.com/membership/terms that apply to registered User accounts with Samsung

(the “Samsung Account”). You must have a Samsung Account to use Samsung Pay. The Service

Terms and Conditions form an integral part of these ToS. In case of any inconsistency or conflict

between the ToS and the Service Terms and Conditions, the terms of these ToS shall prevail.

Samsung may assign the ToS at any time.

1.3 Privacy Notice. Your use of Samsung Pay is subject to the Samsung Pay Privacy Notice, located at:

https://image-

us.samsung.com/SamsungUS/home/support/samsung_pay/Samsung_Pay_Privacy_Notice.pdf and the

2. Samsung Pay Features & Functionality

2.1 Payment Cards.

a. Samsung Pay enables Users to store and use credentials that represent credit, debit, prepaid and

gift cards (each, a “Card”) as authorized by the issuer of such Card (a “Card Issuer”). Samsung Pay

may be used at participating merchant locations using an eligible Samsung mobile device or accessory

or on-line via applications, websites, browsers, interfaces and integrations with third party digital

wallets. Your Card Issuer, as well as Samsung, each reserves the right to exclude certain Cards from

participating in Samsung Pay or to terminate their participation. Eligible Cards may also vary based on

payment card information may also be stored within your Samsung Account to pay for and access paid

content with other Samsung Account services. You can add or remove these payment cards from your

Samsung Account by going to “Payments and benefits” in your Samsung Account settings and clicking

“Payment methods.”

c. Samsung Pay facilitates issuance of a general purpose reloadable prepaid Card (“GPR Card”) by a

Card Issuer. Your eligibility for, and use of, the GPR Card is subject to the Card Issuer’s terms and

conditions. Samsung reserves the right to terminate this feature or change GPR Card Issuers at any

time. In the event of a change of GPR Card Issuers, Your data may be ported to the new provider for

vi. is not liable for any errors or omission arising from, or related to, the GPR Card or Card Issuer.

2.2. Gift Card Catalog. Samsung enables certain gift Cards (“Gift Cards”) to be purchased through

Samsung Pay (“Gift Card Catalog”). You agree to comply with any additional terms and conditions

established by the Gift Card Catalog provider, as applicable. For the avoidance of doubt, Samsung is

not the merchant of record for Your purchase of Gift Cards from the Gift Card Catalog. You agree to

look solely to the Gift Card Issuer (and not Samsung) with respect to any requested refunds,

exchanges, replacements or other concerns in connection with a Gift Card. We do not assume any

liability for Gift Cards and are not responsible for Gift Cards that expire or cannot be redeemed for any

reasons, including Gift Card Issuers that cease operations. If You encounter difficulty in purchasing a

terms and conditions established by the Card Issuer, the Gift Card Catalog provider and these ToS. Gift

Cards added to Your device may be stored by Samsung allowing for portability to other Samsung

devices.

2.3. Deals and Offers.

(a) Samsung Pay enables Users to store and access offers, coupons, deals, discounts and vouchers

(“Deals”). Types of Deals will vary, quantities are limited, expiration dates will apply and are subject to

participation by Deal providers. You agree to receive notices about nearby Deals to Your eligible device

or accessory based on the proximity of Your device to a participating store or business. You agree to

concerns relating to a Deal, including, without limitation Deal redemption, product safety or product

liability. Samsung is neither responsible nor liable for Deal content, including errors or omissions

relating to the Deal or for product safety or liability. You agree that we are not agents of any Deal

provider and that Deal providers operate independently and are not under our control. We do not

assume any liability, obligation or responsibility for any part of such correspondence, offer or promotion,

including, without limitation, the withdrawal or modification of any such Deal.

2.4 Promotions. Promotions such as discounts and referral codes (“Promotion(s)”) offered by Samsung

or its partners are subject to the applicable terms and conditions. Quantities may be limited or

substituted in Samsung’s sole discretion.

2.5 Membership Programs. Samsung Pay provides access to certain third party loyalty or membership

Cards and similar programs (“Membership Program(s)”). You agree to comply with any additional terms

and conditions established by the Membership Program provider. Membership Cards may be accessed

or used in Samsung Pay with or without biometric authentication or PIN verification. Membership Cards

points associated with your Card. Such third party points programs are managed by, and subject to,

Your agreement with Your Card issuer(s). If successfully processed, points will be deducted from Your

Card account and applied as a statement credit. If not successfully processed, Your Card will be

charged the full amount of the transaction. Samsung is not responsible for any errors or failure of points

to be processed or applied to Your purchase. You agree to look solely to Your Card issuer (and not

Samsung) to resolve any issues regarding point redemption.

2.7 Cash Back Loyalty Awards Program. Samsung offers a Cash Back Loyalty Awards Program

(“Awards Program”) to allow Users to earn a percentage back of their purchase amount on certain

purchases completed through the websites, applications, and other related properties of participating

Merchant or Third Party Site, at any time, with or without notice. All rights not expressly granted under

these terms and conditions are reserved by Samsung or its licensors.

(a) Qualifying Purchases; Exclusions

(i) Qualifying Purchases: Available offers are presented in the Samsung Pay application. In order to

earn an Award, You must: (A) click on a Merchant link within the Samsung Pay application or Samsung

browser which link redirects you to a Third Party Site, and (B) complete a qualifying purchase

transaction after clicking on the Merchant link (“Qualifying Purchase”). NOTE: Merchants have different

rules regarding how long the offer will be available after first visiting their Third Party Site. If You disable

(iii) Exclusions. Awards are earned on Your net purchase amount for a Qualifying Purchase, which

excludes taxes, fees, discounts or credits, shipping, returns or cancellations, extended warranties and

any other fees imposed by the Merchant. Purchases of Gift Cards do not qualify under the Awards

Program. The amount of an Award for a Qualifying Purchase will be calculated as a percentage of your

net purchase amount. Amounts vary by Merchant and product category and may contain exclusions in

the terms of the offer and/or on the applicable Third Party Site. The terms of a particular offer will be

displayed to You within the Samsung Pay application or Samsung browser prior to you selecting the

Merchant link. The maximum amount of an Award that you may earn for any individual Qualifying

Purchase is $100.

(iv) Fraudulent Activity: We reserve the right to investigate any purchase transaction (including a

Qualifying Purchase) that we believe, in our sole discretion, is abusing or has abused the Awards

Program. We reserve the right to rescind Awards to of any User that we believe, in our sole discretion,

is abusing or has abused the Awards Program, including, without limitation, by engaging in a pattern of

reserves the right to delay or withhold the ability to redeem Awards. Any suspected or actual cases of

fraudulent activity will be escalated and reviewed in accordance with our fraud policy.

(b) MAXIMUM PER TRANSACTION VALUE. THE MAXIMUM AMOUNT OF AN AWARD THAT YOU

MAY EARN FOR ANY INDIVIDUAL QUALIFYING PURCHASE IS $100.

(c) Accrual and Expiration

(i) Accrual. Awards credited for Qualifying Purchases will be held in a pending state and do not accrue

until expiration of the applicable return period for the product or service You purchased via a Third

(ii) OWNERSHIP OF AWARDS. ALL RIGHT, TITLE AND INTEREST IN ALL PENDING AWARDS

REMAIN VESTED WITH SAMSUNG DURING THE APPLICABLE RETURN PERIOD.

(iii) Awards Adjustments. In our sole discretion, we may deduct pending Awards in order to make

adjustments for returns and cancellations with respect to Qualifying Purchases. For instance, if You

return or cancel all or a portion of Your Qualifying Purchase to the Merchant during the Return Period,

Samsung will receive a notification and will adjust Your pending Award accordingly. Alternatively, if You

return or cancel the entirety of Your Qualifying Purchase during the Return Period, Samsung will deduct

the entirety of Your pending Award for such Qualifying Purchase. Any such adjustments will be made in

accordance with these terms and conditions, any applicable Samsung policies and terms, the terms of

Your Awards balance is accurate. If You believe that Awards have not been correctly credited, You

must contact Samsung customer service within ninety (90) days of the Qualifying Purchase. Should

You disagree with any adjustments made to Your Awards balance or Awards made available to You,

Your sole remedy is to not participate in the Awards Program.

(d) Redemption.

(i) Redemption. Once Your Awards have accrued (i.e., after the Return Period has expired), You may

redeem Your Award by instructing Samsung to transfer Your Award balance to an available redemption

method (“Redemption Method”). Redemption Methods will vary and are subject to additional terms and

forfeiture in the event of an expiration event. Samsung is not the provider or issuer of the available

Redemption Methods and is not responsible for Awards once such amounts have been transferred to a

Redemption Method.

CONDITIONS APPLY TO THE VISA REWARDS CARD, INCLUDING EXPIRATION DATES. THE

VISA REWARD CARD, THE AWARDS REDEEMED TO THE VISA REWARD CARD, AND ANY

VALUE ASSOCIATED WITH EITHER, EXPIRES AND IS NO LONGER AVAILABLE TO YOU ON THE

VISA REWARD CARD “VALID THRU” DATE. REWARDS REDEEMED TO AN EXISTING VISA

REWARDS CARD ALSO EXPIRE ON THE “VALID THRU” DATE.

(iii) Minimum Balance. A minimum accrued Award of $5 is required before a User can transfer the

Award to an available Redemption Method.

(iv) Not Redeemable for Physical Currency. Despite phrases that may be used such as “Cash” or “Cash

text, links, images, software, chat, communications and other content available through the Third Party

Sites (collectively, “Content”); (iv) access the Awards Program or the Third Party Sites by expert

system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects to

derive financial benefit from Samsung; (vi) modify, reverse engineer, reverse assemble, decompile,

copy or otherwise derive the source code relating to the Awards Program for any reason; (vii) rent, sell

or sublicense any of the Third Party Sites; (viii) provide any unauthorized third party with access to the

Awards Program; (ix) access confidential Content through the Third Party Sites; (x) interfere with the

operation of the Awards Program, including, but not limited to, distribution of unsolicited advertising or

mail messages and propagation of computer worms and viruses; (xi) post any material in any form

whatsoever on the Third Party Sites or within the Awards Program that is defamatory, obscene or

(f) Merchant Policies. A product or service purchased from any Merchant through the Awards Program

is governed by and subject to the applicable Merchant’s policies, including applicable exchange and

shipping policies. For the avoidance of doubt, Samsung is not the merchant of record for Your

Qualifying Purchase and does not have any liability with respect to any products or services purchased

from Merchants participating in the Awards Program. You agree that we are not agents of any

Merchant and that the Merchants that participate in the Awards Program operate independently and are

not under our control with respect to the Awards Program or otherwise. Accordingly, Your participation

in offers or promotions of, or correspondence with, any Merchant is solely between You and that

Merchant. Samsung does not assume any liability, obligation or responsibility for any part of such

discontinuance of, any Third Party Site, or for any Merchant’s withdrawal from the Awards Program, or

for any effect on accrual of amounts caused by such changes, discontinuance, or withdrawal.

2.8 Covid-19 Vaccine Card. Samsung Pay enables Users to import and display their Covid-19

display within Samsung Pay. Samsung is not liable for any errors or omissions contained within any

Covid-19 Vaccination Card. You agree to look solely to the Health Information Provider to resolve any

questions or disputes relating to the information displayed in a Covid-19 Vaccination Card.

3. Samsung Money by SoFi

Samsung Pay provides access to a cash management account and an accompanying debit Card

(“SMBS Account” and “SMBS Card”) that are offered by Social Finance, Inc. (“SoFi”) and a bank with

which SoFi partners to issue the SMBS Card (“the “SMBS Card Issuer”), respectively. Your eligibility

for, and use of, the SMBS Account and SMBS Card are subject to SoFi’s and the SMBS Card Issuer’s

terms and conditions. Samsung and SoFi reserve the right to terminate the availability of the SMBS

iv. does not determine your eligibility for or establish the terms applicable to a SMBS Account or SMBS

Card;

v. does not hold, have access to, guarantee or otherwise handle funds deposited to Your SMBS

Account; and

vi. is not liable for any errors or omissions arising from, or related to, the SMBS Account, SMBS Card,

SoFi or the SMBS Card Issuer.

You agree to look solely to SoFi and/or the SMBS Card Issuer (and not Samsung) with respect to any

requested refunds, SMBS Card replacements, inquiries about your SMBS Account balance or features,

or other concerns. For assistance with your SMBS Account or SMBS Card, contact SoFi at 844-977-

7634.

location relevant to stores or businesses. You can choose to modify these notification settings within

Samsung Pay by clicking on Settings and then Notifications. You hereby consent to receive such

notices from Samsung.

5. Your Acceptance of these ToS

5.1 The ToS only govern the relationship between Samsung and You related to Your use of Samsung

Pay. Other than as specifically set forth herein, Samsung neither conducts nor has control over any

commercial activities in connection with Your use of Samsung Pay, including, without limitation, credit

assessment, card issuance, payment processing, chargebacks, purchases, returns, refunds, merchant

these activities nor for Your relationship with any Card Issuer or merchant in connection therewith. You

agree that Your use of Cards on Samsung Pay will remain subject to the terms of any cardholder

agreement(s) You may have with the relevant Card Issuer, and neither these ToS nor Your use of

Samsung Pay shall alter Your existing relationship with Card Issuers with respect to Your Cards.

under the age of majority in their resident jurisdictions (each, a "Minor") may not use Samsung Pay

unless their parent or legal guardian has reviewed and agreed to these ToS. If You are a parent or

guardian permitting a Minor to use Samsung Pay, You agree to: (i) exercise supervision over the

Minor's use of Samsung Pay; (ii) assume all risks associated with the Minor’s use of Samsung Pay,

including the transmission of materials, content or other information to and from third parties via the

Internet; (iii) assume all liabilities resulting from the Minor’s use of Samsung Pay, including applicable

payment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the

Minor. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 13 (THIRTEEN) USE

SAMSUNG PAY.

contrary, any use of or reliance on such beta features or services is done at Your own risk and is

provided as is and without warranty of any kind.

5.4 Samsung Pay and its features and functions may not always be available or error-free. Samsung

may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue

any or all aspects of Samsung Pay, temporarily or permanently, including the availability of any portion

of Samsung Pay at any time with or without notice to You and You agree that Samsung shall not be

liable to You or to any third party as a result of taking any of these actions.

6. Security

service to help prevent unauthorized use of Samsung Pay.

6.2 Use of iris scanning technology is at Your own risk. Do not: (i) stare at the iris recognition light from

less than 20 cm away from Your device; (ii) use the iris recognition camera and LED with infants or

children; and (iii) use iris scanning technology if You have had dizziness, seizures, loss of awareness,

blackouts, or other symptoms linked to an epileptic condition, or a family history of such symptoms or

conditions without first consulting Your doctor.

6.3 Use of Samsung Pay for Your wearable devices or accessories may require access to or pairing

with Your mobile device, and obtaining updates or upgrades made available by Samsung from time to

information), may be transferred to Your wearable device; (iii) when deleting or resetting the Samsung

Pay application from Your wearable devices, certain Card information will be preserved in Your mobile

device; (iv) deleting a Card from Your wearable device may not automatically delete the Card from Your

Samsung Pay account; (v) it is Your sole responsibility to apply a security function (e.g., pattern lock,

right and license to access and use Samsung Pay for Your personal use only, provided that You

comply fully with these ToS. You acknowledge and agree that some of the functionalities or services

offered by Samsung Pay may be provided by Samsung’s affiliates or subcontractors on behalf of

Samsung.

7.2 Use of Samsung Pay requires Your device to have access to the Internet via a mobile network or

Wi-Fi (fees may apply), and requires obtaining updates or upgrades from time to time. Some updates

can be configured to update automatically when connected to Wi-Fi. Because use of Samsung Pay

involves hardware, software, Internet access and applicable updates, Your ability to use Samsung Pay

may be affected by the performance of these factors. You agree that complying with such system

Samsung Pay in connection with any contents, services, programs or applications that: (i) are in

violation of any third party’s rights, including but not limited to, intellectual property rights; or (ii) contain

viruses or other harmful software, code or other malware that impact or limit the functions or services

provided by Samsung Pay or the devices supporting Samsung Pay.

7.4 You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify,

adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative

works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or

otherwise translate (or encourage or assist any other person to do any of the foregoing) Samsung Pay

in whole or in part.

Samsung Pay may include links to, access to or use third of party services. Such access will not be

construed as an endorsement, sponsorship, or affiliation by Samsung of such third party services.

Samsung exercises no control whatsoever over such other third party services, and is not responsible

or liable for the availability, functioning, or quality thereof or the content, advertising, products or other

materials thereon. Samsung will not be responsible or liable, directly or indirectly, for any damage or

loss (including data loss) incurred or suffered by You in connection therewith. Your access and use of

third party services, including information, material, products and offers therein, is solely at Your own

risk. Use of third party services may require Your agreement to separate terms and conditions.

Samsung reserves the right to terminate or change third party providers at any time.

9.1 DISCLAIMER OF WARRANTIES. SAMSUNG PAY IS PROVIDED “AS IS,” "WHERE IS" AND “AS

AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE

NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE,

SECURE OR ERROR-FREE MANNER; (II) SAMSUNG PAY WILL ALWAYS BE AVAILABLE OR

FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (III) SAMSUNG PAY WILL BE SECURE

AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR ANY

INFORMATION YOU PROVIDE) ANY UNAUTHORIZED ACCESS; AND (IV) DEALS, OFFERS,

COUPONS, LOYALTY PROGRAMS, MEMBERSHIP PROGRAMS AND OTHER SAMSUNG PAY

SERVICES WILL BE AVAILABLE, ACCURATE, OR ERROR-FREE.

9.2 DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS

BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,

EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS

SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS

LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING

AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO

INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY

DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO

USE OR HANDLE YOUR DEVICE OR SAMSUNG PAY. NOTWITHSTANDING ANYTHING TO THE

CONTRARY CONTAINED HEREIN, SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM

ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL

LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).

These ToS shall be governed and construed by the laws of the State of New York, without regard to its

conflict or choice of law provisions. Unless otherwise provided for in the governing law, any claim or

dispute arising in connection with these ToS or Your use of Samsung Pay shall be resolved as set forth

in the Service Terms and Conditions, located at https://account.samsung.com/membership/terms.