Paysign^® Mobile Application Terms of Use & Privacy

Last Updated: April 2018

PLEASE CAREFULLY READ THE FOLLOWING PAYSIGN MOBILE APPLICATION TERMS OF USE (“TERMS OF USE”) BEFORE ACTIVATING OR OTHERWISE USING THE PAYSIGN^® MOBILE APPLICATION AND ITS RELATED SERVICES (COLLECTIVELY, THE "MOBILE APP"). BY CLICKING ON THE BUTTON BELOW, PROCEEDING WITH THE MOBILE APP ACTIVATION OR OTHERWISE USING THE MOBILE APP, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS OF USE.

The following Terms of Use apply to the Mobile App, operated by Paysign, Inc. (“Paysign”, "we", "us" or "our"), and do not modify the terms of the Cardholder Agreement for your Paysign prepaid card ("Card"). By accessing or using the Mobile App on your mobile device or other equipment (“Device”), you acknowledge that you are 18 years of age or older and you have read and agree to be bound by these Terms of Use in their entirety, along with any modifications to these Terms of Use, which are incorporated by reference into these Terms of Use, any additional terms applicable to certain content and features, and all applicable laws, rules and regulations governing your use of the Mobile App. We may add to, delete or change these Terms of Use without notice to you and to the fullest extent under applicable law, your continued use of the Mobile App constitutes your agreement to all such changes. Unless explicitly stated otherwise, any new features or services that augment or enhance the Mobile App in the future shall be considered part of the Mobile App and subject to these Terms of Use.

FEATURES OF THE MOBILE APP:
Card Account Information:
The Mobile App allows you to view information about your Card account, such as Card balance and transaction history.  If you think there is an error related to your Card account, including any Card transaction, you must telephone or write to us as soon as possible. For instructions about what to do and how to contact us in case of errors or questions regarding your Card account, please refer to your Cardholder Agreement (also available on the myPaySign website). It is important that you access your Card information from time to time to ensure that no unauthorized transactions have occurred in your Card account. For additional transaction history information, you should access your Card account information online at the myPaySign website.

ATM Locations:

The locator features of the Mobile App allow you to find ATMs. These features are dependent on your wireless service and coverage within the area in which you are located at the time you access the Mobile App. The locator features may not be available in all areas. Actual distance between your present location and nearest ATM and/or reload location provided by the locator features will vary depending on the area in which you are located (i.e., more locations will be provided if you are located in or near a city versus a rural location).

Fees:

Paysign does not charge for use of the Mobile App available as of the date you agree to these Terms of Use. However, if the Mobile App utilizes text messages, standard data and text rates may apply for each text message sent from and received by your Device, as determined by your wireless subscriber agreement with your wireless provider. You are solely responsible for all data usage and other charges by your wireless provider that accrue from your access to and use of the Mobile App.

USE OF THE MOBILE APP:
Paysign hereby licenses to you, on a revocable, non-exclusive, non-sublicenseable and otherwise non-transferable basis, and subject to the Terms of Use, the limited right to install, access, and use the Mobile App on a personal Device owned or controlled by you, solely for your own personal, non-commercial use. All rights not expressly granted to you are reserved by Paysign.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, loan, decompile, reverse engineer, dissassemble, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes in whole or in part any information, software, products or services obtained from the Mobile App, except for the purposes expressly provided herein, without Paysign’s prior written approval.

Unauthorized use of the Mobile App, including, but not limited to, unauthorized entry into Paysign’s systems, misuse of passwords or misuse of any other information, is strictly prohibited. You agree that you will not access or use the Mobile App, or otherwise engage in any activities related to the Mobile App, contrary to applicable laws or regulations.

You agree not to provide access to your Device together with your user id and password to others. You are responsible for all your use of the Mobile App and for ensuring that your use of or access to the Mobile App complies fully with these Terms of Use. You acknowledge and agree that any use of the Mobile App occurring through the installed Mobile App shall be deemed to be your actions and that Paysign may rely upon such actions. You are solely responsible for protecting the security of the installed Mobile App on your Device.

SUSPENSION AND TERMINATION:
If you wish to terminate your use of the Mobile App, please delete the Mobile App according to the application delete functionality associated with your Device.

Paysign reserves the right to suspend, discontinue or terminate these Terms of Use and the license hereunder at any time, immediately and without prior notice or obligation to you, and as determined in Paysign’s sole discretion (i) if you violate any part of these Terms of Use, or (ii) for any other reason or no reason. We may notify you of any such suspension, discontinuance or termination, and upon your receipt of such notice, you will immediately discontinue use of the Mobile App and uninstall the Mobile App from your Device. You agree that we shall not be liable to you for any suspension, discontinuance or termination of these Terms of Use or the license hereunder.

INTERRUPTION OF SERVICE:
The Mobile App is available through your Device when it is within the operating range of a wireless carrier. Access to and use of the Mobile App from your Device is subject to transmission limitation, delays, or interruption due to, among other things: (i) hardware failure (such as failures of your Device, services, networks, telecommunication lines and connections, and other electronic and mechanical equipment); (ii) software failure (such as bugs, errors, viruses, incompatibility of applications, utilities or systems, unreadable codes, irregularities within particular content, or configuration problems); (iii) your wireless service availability and capacity; (iv) government or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or (v) any other cause beyond the control of Paysign.

You acknowledge and agree that neither Paysign nor its subsidiaries, affiliates, and/or licensors and/or will be responsible for or liable to you for: (i) for the capabilities or reliability of any equipment or software used to access the Mobile App; or (ii) the unavailability of your wireless service, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.

DISCLAIMER OF WARRANTIES:
THE INFORMATION, PRODUCTS AND SERVICES ON THE MOBILE APP ARE PROVIDED ON AN "AS IS," AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF AND ACCESS TO THE MOBILE APP ARE AT YOUR SOLE RISK. PAYSIGN DOES NOT WARRANT THE INFORMATION OR SERVICES PROVIDED THEREIN OR YOUR USE OF THE MOBILE APP GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PAYSIGN WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION OR SERVICES MADE AVAILABLE TO YOU VIA THE MOBILE APP. PAYSIGN DOES NOT WARRANT THAT THE MOBILE APP WILL WORK ON A DEVICE OR ACROSS THE NETWORK OF A WIRELESS SERVICE PROVIDER.

Although the information provided to you on the Mobile App is obtained or compiled from sources we believe to be reliable, Paysign cannot and does not guarantee the accuracy, validity, timeliness or completeness, security or reliability of any information or data made available to you for any particular purpose. Neither Paysign, nor any of its subsidiaries, affiliates, directors, officers or employees, nor any Paysign Licensor (as defined herein), nor any third party vendor (collectively, the “Paysign Parties”), will be liable or have any responsibility of any kind for any loss or damage that you incur in the event of any failure or interruption of the Mobile App, or resulting from the act or omission of any other party involved in making the Mobile App, the data contained herein or the products or services offered on the Mobile App available to you, or from any other cause relating to your access to, inability to access, or use of the Mobile App or these materials, whether or not the circumstances giving rise to such cause may have been within the control of Paysign or of any vendor providing software or services.

Paysign reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Mobile App and to suspend and/or deny access to the Mobile App for scheduled or unscheduled maintenance, upgrades, improvements or corrections. The information and materials on the Mobile App may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and Paysign does not undertake any obligation or responsibility to update or amend any such information. Paysign may discontinue or change any product or service described in or offered on the Mobile App at any time.

YOU UNDERSTAND THAT THERE ARE RISKS ASSOCIATED WITH USING A DEVICE, INCLUDING MOBILE APPLICATIONS ON A DEVICE, AND THAT IN THE EVENT OF THEFT OR LOSS, YOUR CONFIDENTIAL INFORMATION COULD BE COMPROMISED.

LIMITATION OF LIABILITY:
In no event will a Paysign Party be liable to you or any third party, whether in contract or tort, for any direct, special, indirect, consequential or incidental damages or any other damages of any kind for any breach of these Terms of Use, even if such Paysign Party has been advised of the possibility thereof. This limitation on liability includes, but is not limited to, loss of use, data, goodwill, business or profits; the transmission of any viruses which may infect a user's equipment; failure of mechanical or electronic equipment or communication lines; telephone or other interconnect problems (e.g., you cannot access your internet service provider); unauthorized access; theft; operator errors; strikes or other labor problems or any force majeure. Paysign cannot and does not guarantee continuous, uninterrupted or secure access to the Mobile App.

In addition, notwithstanding anything contrary herein, although Paysign may take reasonable precautions to protect the Mobile App and avoid deletion, corruption or unauthorized modification or access of or to the Mobile App, and to provide the Mobile App error-free or uninterrupted, we make no representation and warranty that our efforts will be successful at all times, and we specifically disclaim all liability whatsoever with respect to our failure to protect the Mobile App or provide the Mobile App error-free or uninterrupted.

PROPRIETARY RIGHTS:
All right, title and interest in and to the Mobile App and any content contained herein is and will remain the exclusive property of Paysign and/or Paysign Licensors , except as otherwise stated. The Mobile App is protected by copyrights, trademarks, service marks, and/or other proprietary and intellectual property rights and laws of the United States and other countries. You agree to abide by all applicable proprietary rights laws, as well as any additional copyright notices or restrictions contained in these Terms of Use or in the Mobile App. If you copy or download any information or software from the Mobile App, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

The Mobile App may contain components licensed from Paysign’s licensors and content and data providers (collectively, “Paysign Licensors”), which components may enable the Mobile App to perform certain functions. All rights in any third-party components or data, including, without limitation, all ownership rights, are reserved and remain with the respective Paysign Licensors.

COLLECTION OF INFORMATION AND PRIVACY:

Paysign recognizes the importance of protecting privacy, and we take our responsibility seriously. In our effort to provide you with outstanding products and services, we may capture and maintain user information via this site. Paysign recognizes and respects your privacy concerns and expectations about this information and ensures that the data collected complies with Paysign's privacy requirements.

GATHERING INFORMATION VIA THE WEB

Information regarding our users is collected when the user voluntarily supplies this information when submitting forms on the site. Additional visitor information is collected when users access the site and browse to different pages, files and forms within our Web site.  Information gathered through forms available on this Web site differ depending on the application or purpose of the form. Whenever you submit personal information for a specific purpose, your information will be used for that purpose only. Basic user information that may be requested includes but not limited to your E-mail address for an e-news subscription and your telephone number for text messaging; bank numbers and other relevant customer information to provide you with access to restricted areas on our Web site, Name, address, e-mail address, and credit card information for an online purchase.  User information is also captured when visitors access pages, files and forms on the site. This data is accessed and analyzed to measure usage and identify trends. The data is also considered part of our continuous effort to improve usability and to develop Web strategies and campaigns that are tailored to our clients needs.

INFORMATION SHARING

In order to effectively respond to requests made via the Web site, Paysign may need to share information you voluntarily provided with others within our organization. However, the information you provide will never be shared, sold or distributed to any third parties. Additionally, it will only be accessible by Paysign personnel who are properly trained and supervised and have a business need for such information.

OUR USE OF COOKIES

When you visit pages on our Web site, our Web servers automatically recognize your browser’s domain name and IP address but do not recognize or retrieve any information related to your identity. We collect this information in order to collect information regarding the pages visitors access. This information is collected solely for statistical purposes and to determine visitor access to restricted areas on our site. It is not used to identify individuals, nor is it shared with third parties.  Our Web servers use “cookies” to collect this information. The term “cookie” refers to files that are transferred from a Web site to your computer’s hard drive. The use of cookies can improve the level of service for visitors to our site. For example, if you voluntarily supply contact information via a Web form or registration form, a cookie can be stored on your computer, which in this case, enables you to skip the registration process on subsequent visits.

A cookie does not retrieve data from your hard drive, carry computer viruses, or capture your e-mail address. The information collected in these cookies contains no information that you have not otherwise provided. Most browsers will allow you to disable cookies, or warn you before accepting a cookie. If you decide not to accept cookies, you may not be able to successfully navigate some areas of our Web site.

LINKS TO OTHER WEB SITES

Paysign provides links to other Web sites from www.paysign.com. However, while Paysign may maintain business relationships with the operators of such Web sites, we are not responsible for the content or privacy policies of those sites. Paysign provides access to these sites for your convenience only, and accessing

INDEMNIFICATION:
You agree to indemnify, defend and hold harmless the Paysign Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (i) your violation of these Terms of Use or any law, rule or regulation; and (ii) your loss or the interception of any data or account information. You will cooperate as fully and reasonably as required by Paysign in the defense of any claim. Paysign reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Paysign.

GOVERNING LAW:
These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of Nevada excluding conflicts of law rules. Any dispute arising from these Terms of Use shall be resolved in the state or federal courts residing in Las Vegas, Nevada and you irrevocably agree to the jurisdiction of such courts.

MISCELLANEOUS:
Assignment: You may not assign these Terms of Use without Paysign’s prior written consent. Entire Agreement: These Terms of Use represent the entire agreement between you and us in connection with the Mobile App, which may only be amended as described in these Terms of Use. If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Export Control Laws: You acknowledge that the laws and regulations of the United States and other countries may restrict the export and re-export of the Mobile App. You agree that you will not export or re-export the Mobile App in any form or to any recipient whether inside or outside of the United States in violation of applicable United States and foreign law. Additional Provisions: The Mobile App is void where prohibited by law. The failure to enforce any term of these Terms of Use on one occasion shall not prevent enforcement on any other occasion or the enforcement of any other term. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only. Some states do not allow limitation of implied warranties or the exclusion or limitation of certain damages. If any provision is found to be void or unenforceable, the remaining provisions will remain in effect.

CONTACT US:
Paysign Card Services,  

P.O. Box 530492, Henderson, NV 89053