Digital Wallet Terms

The following terms and conditions (these “Terms of Use”) apply when you add and use an eligible Hypercard® American Express® Rewards Card or virtual account number associated with an eligible Hypercard® account  (each a “Card”) in Apple Pay on compatible iOS devices, as determined by Apple (“Supported iOS Devices”). These Terms of Use are a legal agreement between you and Hypercard Network, Inc.  (“we” or “Hypercard”). In addition to these Terms of Use, you will continue to be subject to the Hypercard Rewards American Express Card Credit Card Cardholder Agreement available at https://www.hypercard.com/cha, as they may be amended from time to time (“Cardholder Agreement”) or other terms that govern your Card.

You can add your Cards in Apple Pay on your Supported iOS Devices and use the digital versions of your Card in Apple Pay to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments and (ii) purchases in-app or on websites of merchants that accept Apple Pay.

By selecting an added Card and placing your Supported iOS Device near a merchant's contactless-enabled point-of-sale terminal or reader or by using a Card for an in-app or a website purchase, you are authorizing the payment for the applicable merchant's products or services with that Card in Apple Pay.

By enabling automatic payments for an added Card for a merchant that accepts Apple Pay, you are authorizing payment to the merchant on a recurring basis for the merchant'sproducts or services with that Card in Apple Pay. The authorized merchant may initiate the recurring payments on your behalf with the added Card until you revoke authorization in Apple Pay.

For each Card added in Apple Pay, you may also view (except in Apple Watch) the last 10 purchase transactions made with that Card, whether or not you used a Supported iOS Device; provided, that you may not view transactions made by any Additional Card Member on your Card account. Apple Pay provides you with the option and ability to turn off this transaction history feature for each Card.

You must have the power, authority and capacity to accept these Terms of Use before you can add or use your Card in Apple Pay. If you are a minor under the laws of the jurisdiction in which you accept these Terms of Use (under 18 in most States), you must have first obtained the consent of the Basic Card Member and, by adding or using a Card in Apple Pay, you acknowledge and agree that you have received that consent.

We do not currently charge a fee for the use of your Card in Apple Pay. However, Apple or another third party supporting Apple Pay may contemplate fees, limitations and restrictions which might affect your use of a Card (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.

Privacy and Data Usage When you add your Card in Apple Pay, we collect certain information from Apple to verify your identity, to enable you to use your Card and facilitate your participation in Apple Pay. You authorize Hypercard to collect, use and share your information in accordance with the Hypercard Privacy Policy, as they may be amended from time to time, and which is available at https://www.hypercard.com/privacy.

Hypercard periodically collects and uses technical data and related information, including, but not limitedto technical information about your Supported iOS Device to facilitate the updates to our services. This technical data will not personally identify you.

Apple may collect and use data in accordance with Apple’s privacy and security policies and practices.

You may receive push notifications from Apple Pay from time to time reflecting your Card account activity. If you do not wish to receive notifications, you may turn off these notifications through the device Settings on your Supported iOS Device.

You are responsible for maintaining the confidentiality of your Apple User ID, and applicable passwords and other means you may from time to time have to access Apple Pay and your Supported IOS Device. If you share these credentials with any other person, they may be able to use your Cards and get access to your personal and payment information available in Apple Pay.

Any person with your device passcode or who has a finngerprint, Face ID, or Optic ID registered to your device will be able to authorize transactions using your Card. Pursuant to your Cardholder Agreement, or other terms that govern your Card, as applicable, you are responsible for all transactions made using your Card in Apple Pay.

Please note that push notifications can be displayed on a locked or inactive device screen and within the notification tray at the top of the home screen of some devices. Since it is possible to view this information even when your Supported iOS Device is locked, we strongly encourage you to maintain physical control over your Supported iOS Device and/or turn off push notifications if you are uncomfortable with this possibility.

Call us immediately at the telephone number printed on the back of your Card if you believe your Supported iOS Device or your credentials have been lost or stolen or someone has used or may use your Supported iOS Device or your credentials without your authorization. Additionally, for virtual account numbers associated with an eligible Card, contact the entity or the individual that provided you with the virtual account number.

Apple, your wireless carrier, and other third party websites or services that support Apple Pay have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective sites. Hypercard is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Apple’s or any third party’s products or services.  

We reserve the right for any reason to discontinue our participation in Apple Pay. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Card in Apple Pay at any time without notice and for any reason, including if you violate these Terms of Use or any of your Cardholder Agreements, or other terms that govern your Card, as applicable, if we suspect fraudulent activity or as a result of the cancellation or suspension of your Card account.

You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any Card.

APPLE PAY IS PROVIDED BY APPLE AND OTHER THIRD PARTIES THAT SUPPORT APPLE PAY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IN APPLE PAY IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR AUTHORIZED REPRESENTATIVES, DO NOT WARRANT AGAINST INTERFERENCE, DELAY, INTERRUPTION OR DISRUPTION WITH YOUR USE OF ANY CARD IN CONNECTION WITH APPLE PAY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HYPERCARD, ANY OFITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY WILL CREATE ANY WARRANTY. THE ACCESS, USE AND MAINTENANCE OF A CARD WITHIN APPLE PAY DEPENDS ON THE APPLE PAY SERVICES AND THE NETWORKS OF WIRELESS CARRIERS AND NOT HYPERCARD. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD, SUCH AS UNAVAILABILITY OF APPLE PAY OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. HYPERCARD DISCLAIMS ANY RESPONSIBILITY FOR APPLE PAY OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A CARD WITHIN APPLE PAY.

This Section 7 will survive any termination of these Terms of Use.

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT WILL HYPERCARD, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY CARD IN APPLE PAY, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF HYPERCARD FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS OF USE EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO HYPERCARD DURING THE PERIOD OF THE 12 MONTHS PRECEDING THE DATE OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS OF USE WILL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Federal law and the laws of certain States or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms of Use.

This Section 8 will survive any termination of these Terms of Use.

A DIGITAL VERSION OF YOUR CARD IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF USE. HYPERCARD RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to add and use your Card on your Supported iOS Device solely in accordance with these Terms of Use.

If you enable automatic payments for an added Card for a merchant that accepts Apple Pay, a digital version of your Card is provided to the merchant to initiate transactions on your behalf on a recurring basis with that Card in Apple Pay.

You agree that the digital version of your Card in Apple Pay may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Card in Apple Pay or change the enrollment process.

These Terms of Use and your use of any Card in Apple Pay, are governed by the laws of the State that apply to your applicable Cardholder Agreement, or other terms that govern your Card, and applicable federal law.

The claims resolution provision of the applicable Cardholder Agreement or other terms that govern your Card, will govern any claim, dispute or controversy arising out of or relating to these Terms of Use or your use of any Card in Apple Pay (each, a “Dispute”).

Subject to such dispute resolution provisions, you expressly agree that exclusive jurisdiction for any Dispute with us resides in the courts of Salt Lake City and Salt Lake County, Utah and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such Dispute.

The terms of this Section 10 will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.

We reserve the right to revise these Terms of Use at any time and you are deemed to be aware of and bound by any changes to these Terms of Use by your continued access to or use of any Card in Apple Pay.

As a condition to activating and using your Cards in Apple Pay, you consent to receive certain messages on your Supported iOS Device (i.e., SMS, MMS) from us. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Card account, posting within your online account, or through the messaging capabilities of Apple Pay.

The following terms and conditions (these “Terms of Use”) govern your use of an eligible Hypercard® American Express® Rewards Card or a virtual account number associated with an eligible Hypercard® account  (each a “Card”) on the Google Pay Properties and/or using Push Provisioning (both defined below) on Google compatible devices (“Supported Devices”). These Terms of Use are a legal agreement between you and Hypercard Network, Inc. (“we,” “us,” or “Hypercard”).

In addition to these Terms of Use, you will continue to be subject to the Hypercard Rewards American Express Card Credit Card Cardholder Agreement available at https://www.hypercard.com/cha, as they may be amended from time to time (“Cardholder Agreement”) or other terms that govern your Card.

Google may have other functionality that they also brand as “Google Pay” but these Terms of Use do not apply to the use of any Hypercard® American Express® Rewards Card, including any eligible Card, as a payment method for such other Google functionality that falls outside the scope of the use cases provided in these Terms of Use even if they are also branded as “Google Pay” by Google, including, but not limited to, the use of the Hypercard® American Express® Rewards Card as a payment method in the Google Play Store, Google Store, and YouTube, (collectively, “Other Google Pay Properties”).

The Google Pay Properties allow you to make: (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments in the United States, its commonwealths, possessions and territories;  (ii) purchases in-app or on websites of merchants participating in Google Pay (collectively with (i), the “Google Wallet”); and (iii) online purchases using a Virtual Card Number (defined below) in the Google autofill functionality on  Google Chrome browsers on desktop or Android mobile devices, or where available, in Android apps (“VCN Autofill”, and collectively with (i) and (ii), the “Google Pay Properties”). The terms that govern using each of the Google Wallet and VCN Autofill are provided below, in Sections 1a and 1b, respectively. Before using either product, please carefully review the terms below that apply to using that product specifically, and the terms further below, in Sections 2 – 12, that apply to using the Google Pay Properties generally. You also have the option to save your Card to the Google Pay Properties while you are on an Hypercard online property (web or app) or a third-party online platform authorized by Hypercard (“Push Provisioning”). If you use Push Provisioning, please carefully review Section 1c on Push Provisioning below, in addition to the general terms of Sections 2 – 12.

We make certain information available to Google to enable the Google Wallet to provide you with: (i) merchant-specific receipts and offers; and (ii) searchable summaries, analysis and trends within Google Wallet. In addition, we provide Google with certain transaction data relating to purchases you make in the Google Wallet using a device, for display to you in the Google Wallet ("Device Transactions") as well as certain transaction data relating to purchases you make outside of the Google Wallet, using your Card that you linked to the Google Wallet, for display to you in the Google Wallet ("Non-Device Transactions"). If you do not want Hypercard to share your transaction data for Device Transactions with Google or your transaction history for Device Transactions to be displayed in Google Wallet, you must delete your Card from the Google Wallet. If you do not want Hypercard to share your transaction data for Non-Device Transactions, you may opt out by going to the settings menu in the Google Wallet and turning off sharing of Non-Device Transaction data. If you do not want Google to provide you receipts for Non-Device Transactions, you may opt out by going to the settings menu in your Google Wallet.

By transacting on the Google Wallet, you are authorizing the payment for the applicable transaction with that Card in the Google Wallet. Google will add that same Card on file to be an eligible payment method in your own accounts with Google, that may include Google Payments and for all Other Google Pay Properties. If you do not want Google to store your Card on file in your Google account, then you should go to the settings in your Google account and remove your Card on file.

Google provides you with the option to turn transaction notifications on and off within the Google Wallet settings or your general Supported Device settings. If you suspend your Card in the Google Wallet, we will not make available for display on such Supported Device any transaction data for Device Transactions or Non-Device Transactions and any other account information relating to such Card.

You may receive push notifications from the Google Wallet from time to time reflecting your Card account activity. If you do not wish to receive notifications, you may turn off these notifications within the Google Pay app or your Supported Device notification settings.

Enrolling in a Virtual Card Number

VCN Autofill enables you to add your Cards and elect to replace them, for transactions that you select, with a token issued by Hypercard in Chrome autofill (a “Virtual Card Number”) on your Google Chrome browser on desktop or Android mobile devices, or where available, in Android apps. In order to enroll in VCN Autofill, you must first save your Card on file in your Google account through Google’s user interface. When you elect to use a Virtual Card Number, you are not enrolling in the Google Wallet. You may enroll in a Virtual Card Number without enrolling and participating in the Google Wallet. If you receive a replacement Card and wish to continue using VCN Autofill, you need to separately enroll that replacement Card for a Virtual Card Number (after first saving that replacement Card on file in your Google account).

Using Your Virtual Card Number in VCN Autofill

To use your Virtual Card Number, you must be logged into your Google account and Hypercard must have your mobile number on file should a one-time verification code need to be texted to you to confirm your identity. The rewards and benefits of your eligible Card are also available when you use your Virtual Card Number. For security, we recommend that you log out of your Google account at the end of each Chrome browsing session, especially if you use a public or shared device. You should not share your Google account credentials or allow others to use your Chrome browser while you are logged in.

To facilitate your enrollment in VCN Autofill, and each time you transact in VCN Autofill using a Virtual Card Number, Hypercard and Google will exchange information with each other in real time relating to each Card you have selected to use with VCN Autofill.

In addition, we provide Google with your Google VCN transaction data, your Virtual Card Number, and other relevant information related to your transaction (“VCN Transaction Data”) for Google to provide you with: (i) merchant-specific receipts and offers; and (ii) searchable summaries, analysis and trends. We also may provide Google with VCN Transaction Data relating to transactions you make using your Virtual Card Number in VCN Autofill for Google’s display of VCN Transactions to you, as well as data relating to the transactions that you make in your Chrome browser using the Card that you enrolled in VCN Autofill when you do not use your Virtual Card Number. Merchants also may provide Google with certain transaction data relating to purchases made with a Card using a Virtual Card Number (“VCN Transactions”).

If you do not want (i) Hypercard to share your VCN Transaction Data for VCN Autofill transactions with Google, or (ii) merchants to share your VCN Transactions with Google, you must unenroll your Virtual Card Number from your Google account.

Push Provisioning allows you to add your Card to the Google Pay Properties while you are on an Hypercard online property (web or app) or a third-party online platform authorized by Hypercard. To use Push Provisioning, you must be using a Supported Device and logged into your Hypercard account or logged into your account on a third-party online platform authorized by Hypercard where you are presented with the option to save your Card to the Google Pay Properties. By using Push Provisioning, you authorize and direct Hypercard to provide your Card data, including your account number, to Google for storage on file as a payment option on the Google Pay Properties.  You are also subject to Google’s terms and conditions when saving your Card to the Google Pay Properties, and please see Section 5 of this Agreement for more information.

You must have the power, authority and capacity to accept these Terms of Use before you can add or use your Card in the Google Pay Properties or use Push Provisioning. If you are a minor under the laws of the jurisdiction in which you accept these Terms of Use (under 18 in most States), you must have first obtained the consent of the Hypercard® American Express® Rewards Card cardholder and, by adding or using a Card in the Google Pay Properties or using Push Provisioning, you acknowledge and agree that you have received that consent.

We do not currently charge a fee for the use of your Card in the Google Pay Properties or for use of Push Provisioning. However, Google or another third party supporting the Google Pay Properties or Push Provisioning may contemplate fees, limitations and restrictions which might affect your use of a Card (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.

When you add your Card to the Google Pay Properties or use Push Provisioning, we collect certain information from Google to verify your identity to enable you to use your Card and facilitate your participation in the Google Pay Properties or Push Provisioning. By using the product, you authorize Hypercard to collect, use and share your information in accordance with the Hypercard Privacy Policy, as they may be amended from time to time, and which is available at https://www.hypercard.com/privacy.

Hypercard periodically collects and uses technical data and related information, including, but not limited to technical information about your Supported Device to facilitate the updates to our services. This technical data will not personally identify you.

Google may collect and use data in accordance with Google’s applicable privacy and security policies and practices.

You are responsible for maintaining the confidentiality of your Google user ID, applicable passwords, and other means you may use to access the Google Pay Properties and your Supported Device. If you share these credentials with any other person, they may be able to use your Cards and get access to your personal and payment information available in the Google Pay Properties.

If you use a Virtual Card Number on your Supported Device, any person with your device passcode or who has a fingerprint or other device unlocking biometrics registered to your Supported Device may be able to authorize transactions using your Card. Pursuant to your Hypercard Cardholder Agreement or other terms that govern your Card, as applicable, you are responsible for all transactions made using your Card in Google Pay Properties.

Please note that push notifications can be displayed on a locked or inactive device screen and within the notification tray at the top of the home screen of some devices. Since it is possible to view this information even when your Supported Device is locked, we strongly encourage you to maintain physical control over your Supported Device and/or turn off push notifications if you are uncomfortable with this possibility.

Call us immediately at the telephone number printed on the back of your Card if you believe your Supported Device or your credentials have been lost or stolen or someone has used or may use your Supported Device or your credentials without your authorization. Additionally, for virtual account numbers associated with an eligible Hypercard account, contact the entity or the individual that provided you with the virtual account number.

Google, your wireless carrier, and other third-party websites or services that support the Google Pay Properties and/or Push Provisioning have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective sites. Hypercard is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Google’s or any third party’s products or services.

We reserve the right for any reason to discontinue our participation in the Google Pay Properties and/or Push Provisioning. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Card in the Google Pay Properties and/or Push Provisioning at any time without notice and for any reason, including if you violate these Terms of Use or any of your Cardholder Agreements or other terms that govern your Card, as applicable, if we suspect fraudulent activity, or as a result of the cancellation or suspension of your Card account. You agree that we will not be liable to you or any third party for any block, suspension, cancellation or termination of your use of any Card.

THE GOOGLE PAY PROPERTIES ARE PROVIDED BY GOOGLE AND OTHER THIRD PARTIES THAT SUPPORT THEM.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY CARD IN GOOGLE PAY PROPERTIES OR PUSH PROVISIONING IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR AUTHORIZED REPRESENTATIVES, DO NOT WARRANT AGAINST INTERFERENCE, DELAY, INTERRUPTION OR DISRUPTION WITH YOUR USE OF ANY CARD IN CONNECTION WITH GOOGLE PAY PROPERTIES OR PUSH PROVISIONING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HYPERCARD, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY WILL CREATE ANY WARRANTY.

THE ACCESS, USE AND MAINTENANCE OF A CARD WITHIN GOOGLE PAY PROPERTIES OR PUSH PROVISIONING DEPENDS ON THE GOOGLE PAY SERVICES AND THE NETWORKS OF WIRELESS CARRIERS AND NOT HYPERCARD. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY CARD, SUCH AS UNAVAILABILITY OF THE GOOGLE PAY PROPERTIES OR PUSH PROVISIONING OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. HYPERCARD DISCLAIMS ANY RESPONSIBILITY FOR THE GOOGLE PAY PROPERTIES OR PUSH PROVISIONING  OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A CARD WITHIN THE GOOGLE PAY PROPERTIES OR PUSH PROVISIONING .

This Section 7 will survive any termination of these Terms of Use.

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT WILL HYPERCARD, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY CARD IN GOOGLE PAY PROPERTIES  AND PUSH PROVISIONING, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF HYPERCARD FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS TERMS OF USE EXCEED THE TOTAL AMOUNTS PAID OR PAYABLE BY YOU TO HYPERCARD DURING THE PERIOD OF THE 12 MONTHS PRECEDING THE DATE OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS OF USE WILL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

Federal law and the laws of certain States or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms of Use.

This Section 8 will survive any termination of these Terms of Use.

A DIGITAL VERSION OF YOUR CARD IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF USE. HYPERCARD RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to add and use your Card on your Supported Device solely in accordance with these Terms of Use.

You agree that the digital version of your Card in the Google Pay Properties may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Card in the Google Pay Properties or change the enrollment process for the Google Pay Properties or Push Provisioning.

These Terms of Use, and your use of any Card in Google Pay Properties and Push Provisioning, are governed by the laws of the State that apply to your applicable Cardholder Agreement or other terms that govern your Card, and applicable federal law.

The claims resolution provision of the applicable Cardholder Agreement or other terms that govern your Card, will govern any claim, dispute or controversy arising out of or relating to these Terms of Use or your use of any Card in Google Pay Properties or Push Provisioning (each, a “Dispute”).

Subject to such dispute resolution provisions, you expressly agree that exclusive jurisdiction for any Dispute with us resides in the courts of Salt Lake City and Salt Lake County, Utah and you further agree and expressly consent to the exercise of personal jurisdiction in such courts in connection with any such Dispute.

The terms of this Section 10 will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.

We reserve the right to revise these Terms of Use at any time and you are deemed to be aware of and bound by any changes to these Terms of Use by your continued access to or use of any Card in the Google Pay Properties or Push Provisioning.

As a condition to activating and using your Cards in the Google Pay Properties or using Push Provisioning, you consent to receive certain messages on your Supported Device (i.e., SMS, MMS) from us. You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Card account, posting within your online account, or through the messaging capabilities of the Google Pay Properties.

We may also send you push notifications from the Hypercard App from time to time. If you do not wish to receive such notifications, you may turn them off within your Supported Device notification settings.