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Samsung Pay Terms of Service

Last Revised: To be included

PLEASE READ THESE SUPPLEMENTARY TERMS OF SERVICE FOR SAMSUNG PAY (“ToS”) CAREFULLY

BEFORE USING SAMSUNG PAY. IF YOU DO NOT AGREE TO THESE ToS, YOU MAY NOT USE

SAMSUNG PAY. BY USING SAMSUNG PAY, YOU WILL BE DEEMED TO HAVE UNCONDITIONALLY

transmit such credentials to merchant point-of-sale equipment to make payments or facilitate other transactions.

Your bank or membership card issuer (each, a “Card Issuer”) as well as Samsung, each reserves the right to

exclude certain Cards from participating in Samsung Pay or to terminate their participation.

The Samsung Pay features may vary based on your location, Device model and Card, and may change from

time to time. In order for a Card to be eligible to be used in Samsung Pay, the relevant Card Issuer must have

approved the Card for participation in Samsung Pay. Eligible Cards may also vary based on your location and

may change from time to time. If You continue to access or use Samsung Pay after such modification, You will be

deemed to have read, understood and unconditionally agreed to such changes.

Samsung Pay application and services provided by Samsung that allow You to store credentials representing

Your Card in Your Device and communicate such credentials to a merchant for the purpose of initiating a

payment transaction with Your Card. Other than as set forth above, 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, and refunds. Samsung

does not have any control over Your Card Issuer’s cardholder authentication activities. You acknowledge and

agree that Samsung is not responsible for any of these activities nor for Your relationship with any Card Issuer or

merchant in connection therewith. You acknowledge 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.

THE AUTHORIZED CARD HOLDER, YOU MAY NOT USE SAMSUNG PAY. Persons under the age of 18 years

(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) accept and

abide by these ToS and exercise supervision over the Minor's use of Samsung Pay to ensure that they abide by

these ToS; (ii) assume all risks associated with the Minor’s use of Samsung Pay, including the transmission of

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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 16 USE SAMSUNG PAY.

1.3 These ToS supplement the Samsung Service Terms and Conditions (“Service Terms and

may be assigned to any affiliate of Samsung at any time.

2. Grant of License and Restrictions

2.1 Samsung hereby grants You a non-exclusive, non-transferable, limited, personal and revocable 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.

2.2 Use of Samsung Pay requires Your Device to have access to Internet via mobile network or WiFi

requirements, which may be changed from time to time, are Your responsibility. You hereby consent to receive

2.3 You shall not interfere or attempt to interfere with the operation or use of Samsung Pay in any way

through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or

time bombs, or any other means. You may not use Samsung Pay for commercial purposes or for any purpose

that is unlawful or prohibited by the ToS. You are specifically prohibited from using 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

malwares that impact or limit the functions or services provided by Samsung Pay or the devices supporting

Samsung Pay.

these ToS, without limiting Samsung’s other rights and remedies, all of which are expressly reserved, Samsung,

in its sole discretion and without notice to You, may immediately (i) suspend or terminate Your use of Samsung

Pay; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to Samsung Pay.

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2.6 Samsung expressly reserves the right to, in its sole discretion, change, modify, update, add,

discontinue, remove, revise, delete or otherwise change any portions of Samsung Pay at any time, and in no

event shall Samsung be liable for any claims, costs or damages caused by or arising out of such actions.

3. Offers, Promotions, Enrollment and Use of Loyalty Cards Through Samsung Pay

access to certain third party loyalty or membership Cards and similar programs (“Loyalty Programs”), may be

3.2 Offers and Membership Programs may be subject to additional terms and conditions established by

the Offer or Loyalty Program provider, as applicable. For example, Offers may have expiration dates. One-time

Offers may only be used one time and must not be shared. Samsung Pay is not liable for any errors or omissions

contained within any Offer or Loyalty Program. You agree to look solely to the Offer or Loyalty Program provider

to resolve any questions or disputes relating to an Offer or Loyalty Program, including the receipt and redemption

of an Offer.

3.3 Loyalty or membership Cards may be accessed or used in Samsung Pay with or without biometric

authentication or PIN verification. Loyalty or membership Cards added to Your Device may be stored by

Samsung Pay on Your Device. You agree to keep Your PIN confidential at all times, and to notify Samsung

immediately if Your Samsung Pay Application PIN is stolen, becomes known to a third party or is otherwise

compromised. If You lose Your Device, then You must lock the Samsung Pay application and wipe the data off

Samsung Pay via the Find My Mobile service to prevent use of Samsung Pay by others.

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 time. You acknowledge and

agree that: (i) Your wearable device or accessory may access Your mobile device anytime; (ii) certain data and

information that You have supplied to Samsung (including encrypted Card information), may be transferred to

Your wearable device; (iii) when deleting or resetting the Samsung Pay application from Your wearable devices,

5. Disclaimers

5.1 Third Party Services. Samsung Pay may include links or access to third party services. Such access

will not be construed as an endorsement, sponsorship, or affiliation. Samsung exercises no control whatsoever

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the extent permitted by law, Samsung and its licensors do not represent, warrant or guarantee that Samsung Pay

will (i) operate in an uninterrupted, timely, secure or error-free manner, (ii) always be available or free from all

harmful components or errors or (iii) be secure against or immune from (including the content delivered to you or

the information you provided) any unauthorized access.

5.3 Disclaimer of Certain Damages. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE

LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE

DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE

POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF

LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE,

INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES OR LOST PROFITS FROM

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.

5.4 THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE

MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL

PURPOSE.

6. Governing Law