Mobile Wallet Terms of Use for Evolvespire Bank Customers

When you agree to these terms, you’re letting us know that you’ve read them through and that you agree to them. If you don’t agree, you must not use the mobile wallet. These terms are in addition to any other account agreement you have with us. All other terms and conditions that normally apply to your accounts, applications, and use of Evolvespire Bank’s services still apply. In the case of a conflict, the terms of your account agreement will prevail. Your use of a mobile wallet will also be subject to the terms and conditions of the third-party service providers, including the mobile wallet provider, your wireless carrier, or any other party. Those terms will be an agreement between you and the third-party service provider and won’t affect or impose on your agreements with us, nor will they bind us.

You confirm that you prefer these terms and any related documents in English. Vous confirmez que vous préférez consulter ces conditions et les documents connexes en français.
 

1. Adding and Using your Card

You can add your card for eligible accounts in good standing to a mobile wallet. Evolvespire Bank may not allow you to add a card if:

• we cannot verify that card;
• the account is not in good standing;
• the account is not being used in an authorized way;
• we suspect any fraud associated with the account or card; or
• for any other reason determined by us.

When you add a card to a mobile wallet on your device, you will be prompted to follow the mobile wallet provider’s procedures. This process may include account or card activation through Evolvespire Bank. By adding your card, you are representing that:

• you are the legal owner of that card and the associated account;
• you are the legal owner of the financial information you provide; and
• all the information you’ve given in connection with the mobile wallet is accurate, current, and complete.

Once your card has been added, you may use your device to make transactions where the mobile wallet is accepted – just the same as if you swiped, tapped, waved, inserted, or presented your card to a merchant. You’ll see all those transactions reflected on your monthly statement as usual. Use of your card in a mobile wallet is subject to the same termination provisions in your account agreement.

2. Fees and Charges: We do not charge a fee for use of a mobile wallet with your card(s). Check your account agreements for how fees, charges, and interest are applied to your accounts. You’ll be responsible for any fees and charges imposed by a third-party service provider, like data usage or messaging rates.

3. Security: You agree to protect and keep confidential your mobile wallet credentials and all other information required for you to make purchases with your card using the mobile wallet throughout the lifetime of your use of a mobile wallet and device, including during device disposal. Sharing your credentials may allow others to view, change, or use your mobile wallet information, including to make transactions. We will not be liable for any losses incurred except as stipulated by law or in your account agreement.

You must notify us immediately by calling the number on the back of your card if:

• your device or card is lost or stolen
• your device or card are used in an unauthorized way;
• if your credentials or device are compromised, or you believe them to be;
• you notice any errors; or
• you suspect any fraud.

Until you notify us, you will be responsible for all transactions completed through the mobile wallet in accordance with the applicable account agreement between you and Evolvespire Bank. Once notified, we will take the appropriate action to investigate and resolve if possible.

You understand that the security of information provided to or stored by other third-party service providers in connection with the mobile wallet is outside our control and that we are not responsible if there is a security breach affecting any information collected, stored or sent in connection with other third parties. Evolvespire Bank will securely supply your account information to the mobile wallet provider, but we are not responsible for the function or failure of the mobile wallet or any loss arising from your inability to complete a transaction due to device damage, merchant participation, or any acts of third-party service providers.

4. Your Privacy: Once you have added your card to a mobile wallet, Evolvespire Bank is responsible for securely transmitting your personal information to the mobile wallet provider. Your information is only sent through secure channels. You agree that we may share your personal information with:

• the mobile wallet provider,
• payment networks or participating merchants,

and others, so we can:

• provide the services you have requested,
• make information available to you about your card transactions, and
• improve our ability to offer these services.

Protecting your personal information and respecting your privacy is important to us. Please refer to our Privacy Policy for further details. We may, in some cases, make individually identifying information available only in the following circumstances:

• where ordered by a court or other legal body;
• where it is lawfully permitted or required;
• where we have agreed to provide information under contracts to vendors and partners to make products and services available to you; or
• where you have requested or consent to the disclosure of information.

In those cases where we disclose information to outside vendors, we require that they use it for no purposes other than providing specified services to our clients. We do not control the privacy and security of your personal information that may be held by the mobile wallet provider, which is governed by the provider’s privacy policy.

5. Changes to These Terms

Except as otherwise required by law, and at our sole discretion, we may change these terms and modify or cancel the eligibility to use your card with a mobile wallet provider at any time, without notice. If we change these terms, we will inform you in writing by posting a revised version on evolvespire.com. You agree to any changes by continuing to use your card in the mobile wallet. You cannot change these terms and if you do not accept the revised terms, you must remove your card from the mobile wallet.  

6. Contacting Us

If you have questions, disputes or complaints about your card or the associated account, please contact us at the number printed on the back of your card. For a more detailed overview of our complaint process, please refer to the Evolvespire Bank Customer Satisfaction brochure. If you have questions, disputes or complaints about the mobile wallet, you should contact the mobile wallet provider.

Exclusion of Warranties; Limitation of Liability; Indemnification

You expressly understand and agree that your use of a mobile wallet is at your sole risk. Any material downloaded or otherwise obtained through the use of the mobile wallet is obtained at your own discretion and risk, and we are not responsible for any damage to your device or loss of data that results from the download of any such material, whether due to any virus or otherwise. We make no representation or warranty as to the completeness, accuracy, reliability, of any information or data that you obtain using a mobile wallet. We are not responsible for the use or function of the mobile wallet or any wireless service/data provider, and also do not guarantee that the mobile wallet will be available to complete a transaction, that all payment networks and merchants will accept the mobile wallet or that the use of the service will be uninterrupted or error-free. We also do not guarantee the availability or operability of the wireless/data networks of any device. Use of the mobile wallet involves the electronic transmission of personal information through other third-party connections and because we do not operate or control these connections, we cannot guarantee the privacy or security of these data transmissions. We are not responsible for your device or the software or hardware it contains and make no representations, warranties, or guarantees regarding the same. Except as provided by law, in no event will we, our subsidiaries, affiliates, agents, employees, service providers or representatives be liable for any damages, claims or losses incurred (including direct, compensatory, incidental, punitive or consequential damages) arising out of these terms or in any way related to the use or inability to use the mobile wallet.