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