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Apple Pay Terms

Apple Pay Terms

Last updated:
January 29, 2025

These Terms and Conditions govern your use of eligible cards issued by our Issuing Partners (each, a “Payment Card”) when you add, attempt to add, or keep a Payment Card in the Apple Pay™ wallet (“Wallet”) on any iPhone®, iPad®, or other mobile device (“Device”) that supports the Wallet.

These Terms and Conditions also augment existing agreements and represent your agreement with Zypto and our Issuing Partners regarding the use of your eligible card account with the Apple Pay service. Within these Terms, “you”, “your”, or “user” refer to the member whose name is located on the Payment Card or any authorized user of the Payment Card. “Zypto”, “we”, “our”, or “us” refer to Signify Holdings, Inc. The Apple Pay service herein includes the Wallet. These Apple Pay Terms and Conditions provided electronically are considered “in writing” and are available to you in a form you may keep at zypto.com. Enrolling your Payment Card into the Apple Pay service constitutes acknowledgement and agreement to these Terms.

Relationship to Apple

The Apple Pay service is a service offered exclusively by Apple using eligible Apple devices. Zypto does not and it’s Issuing Partners do not own, operate, or control Apple Pay (including the Wallet), and are not responsible for any service provided to you by Apple or by any third party engaged by Apple. We likewise are not responsible for any information or other services provided to you by Apple or any other third parties associated with the Apple Pay service. We are not liable for any failure or performance of the Apple Pay service.

You understand that your use of the Apple Pay service will also be subject to agreements or terms of use with Apple Inc. or other parties. Apple and Apple Pay are registered trademarks of Apple Inc.

Relationships to Other Agreements

Your enrollment into the Apple Pay service does not impact any other agreement we have with you. The terms of use for your Payment Card which were provided to you at account opening and amended from time to time remain in full force and effect regardless of whether or not you use the Apple Pay service. Your cardholder agreements with us contain arbitration provisions which also apply to your use of your Payment Card through the Apple Pay service. For the avoidance of confusion, any transaction you make with your enrolled Zypto Payment Card using the Apple Pay service will be considered the same as if you had used your Payment Card in person to conduct the transaction and all applicable fees and interest (in the event of an enrolled credit card) will apply per the terms of your cardholder agreement with us.

In order for us to authorize your use of your Payment Card within the Apple Pay service, your Payment Card and the underlying account must be in good standing and you must not be restricted from using Apple Pay based upon any limitations imposed by Apple, your wireless service provider, and / or any third party associated with Apple Pay.

Device Eligibility

You are required to have an eligible Apple device in order to use this service. Apple, at its sole discretion, determines which Apple devices are eligible to be used with the Apple Pay service. Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified are not eligible to use Apple Pay.

You acknowledge that use of an ineligible mobile device with the Apple Pay service is expressly prohibited, constitutes a breach of these Terms and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Payment Card in the Apple Pay Service. We are not liable to you for the effects (third party or otherwise) of such termination or suspension.

For a complete list of eligible devices that support Apple Pay, please see: https://www.apple.com/apple-pay/

Fees

We do not charge any fees for using the Apple Pay service. Please review your Zypto account agreement for any applicable fees, interests, or other charges associated with your Payment Card. You are responsible for any fees or other charges that your wireless carrier, Apple, or other third parties may impose. We reserve the right to institute charges for account access or for additional transactions or features in the future.

Suspension of Payment Card

We may block, suspend, or cancel use of your Zypto Payment Card within the Apple Pay Service. We may take these actions at any time and for any reason, such as if we suspect fraud with your Payment Card, your Device becomes lost or stolen, or if applicable laws change.

Electronic Contact

You agree to receive electronic communications from us, including emails to the email address you have provided in connection with your Payment Card account. These electronic communications will relate to your use of the Apple Pay Service. You agree to update your email address when it changes by contacting us.

You agree that we may collect, transmit, store, and use certain information about you and your use of your Payment Card in the Apple Pay Service. The transmission, storage, and usage of this data are governed by the privacy policy applicable to your Payment Card or the underlying account. You understand and acknowledge that third parties, such as Apple and MasterCard, will have access to certain details regarding eligible Payment Card transactions made using the Apple Pay Service. You understand that information that is provided to or held by Apple or other third parties in relation to the Apple Pay service is outside the control of Zypto. Any information you disclose to Apple or any other third party is subject solely to their security policies and governed by their respective privacy policies and not the Zypto privacy policy applicable to your Payment Card or the underlying account.

Indemnity

You agree to indemnify, defend, and hold Zypto and our Issuing Partners harmless from and against any and all claims, actions, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of your use of the Apple Pay Service, any negligent or intentional action or inaction, and/or any breach of the Terms and Conditions of this Agreement. You agree that this paragraph shall survive the termination of this Agreement for any reason.

Other Limitations of Liability and Disclaimer of Warranties

You are solely responsible for the selection, maintenance, security, and operation of your iPhone or other iOS device, software, email, and telecommunication, mobile, and internet service provider.

Zypto expressly disclaims any and all liability as relates to the improper use of your iPhone or other iOS device and the access and transmission of data except as provided by statute. Zypto is not responsible for any errors or failures due to any malfunction of your hardware or software, the unsuitability of your device, or any virus, or problem that may be associated with the use of the device or its software.

Termination or Change

We reserve the right, in our sole discretion and at any time, to discontinue or terminate this Service or access to your Card for Apple Pay, or to terminate, add, delete or change any term or condition of the Zypto Terms and Conditions for Apple Pay. We will provide you with notice of any such termination or change as required by law. Your continued use of the Service will constitute your acceptance and agreement to any change in the Terms and Conditions.

Your Responsibilities

Payment Card enrollment in the Wallet – If you want to add a Payment Card to the Wallet, you agree to follow the procedures adopted by Apple and any further procedures we adopt. We may not add a Payment Card to the Wallet if we cannot authenticate the Payment Card or if we otherwise suspect that there may be fraud associated with the Payment Card. The Wallet allows you to make purchases using an added Payment Card wherever the Wallet is accepted. The Wallet may not be accepted at all places where your Payment Card is accepted.

Report Lost or Stolen Devices or Payment Cards – If you enroll in Apple Pay and your device is lost or stolen, or you have reason to believe that your device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your Payment Card for use within the Apple Pay service. Given that your device can be used like a Payment Card to make purchases, you must notify us in the event your device is lost or stolen with the same urgency as if your actual Payment Card is lost or stolen. If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Payment Card whether that use was through the Apple Pay service or not.

Security – You are solely responsible for maintaining the confidentiality of your Apple User ID, Apple passwords, device passwords and any other means that you may use to securely access Apple Pay on your device. If you share these credentials with anyone, that person may be able to use your Wallet to make purchase or obtain access to your personal and payment information available through the Apple Payment Service. You agree to safeguard your device at all times and not leave it unattended.

Account Ownership/Accurate Information – You represent that you are the legal owner of the account(s) and other financial information which may be accessed via the Apple Pay Service. You represent and agree that all information you provide to us in connection with the Apple Pay Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Apple Pay Service. You agree not to misrepresent your identity or your account information. You agree to keep your account information confidential, up to date and accurate. You represent that you are an authorized user of the Device you will use to access the Apple Pay Service.

General Terms

Definitions

I. “Apple Confidential Information” means (i) product plans and roadmaps of Apple and its affiliates; (ii) these Terms and Conditions; (iii) any and all information related to customers or potential customers of Apple or its affiliates that is obtained, generated or created by or on behalf of Apple or its affiliates, including any and all information related to the Apple Pay and the Apple Pay Program; and (iv) any other information that could reasonably be determined to be confidential, whether or not identified in writing as confidential.

II. “Apple Pay” means the payment platform that utilizes Apple Technology to enable users to make payments using credit, debit, and prepaid cards and other physical, digital or virtual payment cards, credentials or account access devices and access other related services using Apple products designated by Apple or its affiliates (or any successor or substitute thereof).

III. “Apple Pay Service” means the availability of Apple Pay in the Territory for use by Program Manager, Issuer, Customer and Cardholders with Eligible Cards, for the purposes of enabling Cardholders to (i) provision their Eligible Cards to their Enabled Devices and (ii) use their Provisioned Cards on such devices (in lieu of physical cards) to make payments in connection with a Card Program.

IV. “Applicable Law” means all laws (including common law), codes, statutes, rules, regulations, published standards, permits, judgments, writs, injunctions or rulings, published regulatory bulletins or orders or decrees of any Governmental Authority that apply to Program Manager and/or Apple (as appropriate) in the Territory.

V. “Cardholder” means an individual or entity that has been issued a card by Issuing Partners.

VI. “Eligible Card” means cards offered by Issuing Partners in connection with the Zypto card program.

VII. “Enabled Device” means any Apple product that has been enabled to store and/or transmit the Card credentials of a Cardholder.

VIII. “Governmental Authority” means any domestic or foreign, federal, state, provincial, municipal or local government, any political subdivision thereof and any entity exercising executive, legislative, judicial, regulatory, or administrative functions of or pertaining to government, regardless of form, including any agency, bureau, court, tribunal, or other instrumentality having jurisdiction over Accounts, Cards, any of the services to be provided hereunder, the Parties, or any of their respective Affiliates.

IX. “Issuing Partners” means Third National.

X. “Program Manager” means Signify Holdings, Inc.

XI. “Provisioned Card” means an Eligible Card that has been provisioned to an Enabled Device so that the Enabled Device may be used to make payments using such Provisioned Card.