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Wells Fargo Mobile Merchant EMV Terms of Service

Thank you for downloading the Wells Fargo Mobile Merchant EMV application. Your download of the Wells Fargo Mobile Merchant EMV application does not automatically entitle you to use the Mobile Merchant Service. By agreeing to these WFMM EMV Terms of Service, you are also acknowledging that you have a merchant processing agreement with us (which contains the terms and conditions for your acceptance of payment cards for the sale of your goods and/or services) and that you are receiving TransArmor Services under that agreement.

If you do not have a merchant processing agreement with Wells Fargo Merchant Services, you may still download this application, but you will not be able to use it. Please contact us at 1-800-451-5817 if you have any questions.

These Wells Fargo Mobile Merchant EMV Terms of Service (“Mobile Merchant Terms”) supplement, and are a part of, your Agreement (as defined in your Program Guide) with Wells Fargo Merchant Services, L.L.C. (“Processor”) and Wells Fargo Bank, N.A. (“Bank”). The Mobile Merchant Terms and the Agreement govern the Mobile Merchant Service (defined below), except to the extent the Mobile Merchant Terms directly conflict with another provision of the Agreement, in which case these Mobile Merchant Terms will control.

The Mobile Merchant Service is provided to you by Processor and not by Bank. Bank is not a party to these Mobile Merchant Terms, and you acknowledge that Bank is not liable to you in any way with respect to the Mobile Merchant Service.

When used in these Mobile Merchant Terms, the words “we,” “our,” and “us” refer only to Processor and not to Bank, and “you” and “your” refer to the business whose merchant account number is associated with the authentication credentials used to activate the Mobile Merchant Service.

I. Definitions

Capitalized words and phrases have the meanings given to them in these Mobile Merchant Terms or elsewhere in the Agreement.

"Account Data” means, collectively: (a) all data collected from you by the Mobile Merchant Website; and (b) all data provided by you, or collected from you, through your use of the Mobile Merchant App or the Mobile Merchant Service.

"App Distributor” means, collectively, the Apple App Store, Google Play, and their respective agents, subcontractors, representatives, and employees.

“App Market” means the electronic marketplace made available to you via an agreement between you and Clover MarketPlace, LLC, through which you may choose to obtain Third Party Services. For the avoidance of doubt, the App Market is not part of the Mobile Merchant Service.

“Clover Network” means our service provider, Clover Network, Inc.

“Customer” means an individual or entity that makes a purchase of goods or services from you via a transaction using the Mobile Merchant App and Mobile Merchant Service.

“Customer Information” means information about a Customer (e.g., name, e-mail address, telephone number) obtained in connection with your use of the Mobile Merchant App and Mobile Merchant Service. 

“Mobile Merchant App” means:

  1. the non-modifiable (object code) version of the Wells Fargo Mobile Merchant EMV application you activated by entering your associated authentication credentials; and
  2. any updates to that application (including bug fixes, modifications, enhancements, upgrades, revisions, new releases, or new versions).

“Mobile Merchant Marks” means the trademarks or service marks used in connection with the Mobile Merchant Service.

“Mobile Merchant Reader” means a card reader you separately obtain from us. For the avoidance of doubt, the Mobile Merchant Reader is “Equipment” as defined in the Agreement.

“Mobile Merchant Service” means:

  1. the mobile payments functionality that enables you to use the Mobile Merchant Reader, the Mobile Merchant App, and Your Device to (i) initiate a card-based payment (of a payment type you have chosen to accept under the Agreement) by capturing card and transaction data and transmitting that data to us, (ii) receive an authorization or decline message from us, and (iii) provide Customers with an electronic receipt via text or e-mail (paper receipts are not supported); and
  2. providing you with access to the Mobile Merchant Website, which includes functionality that allows you to view transaction history and manage tax rates for your transactions.

“Mobile Merchant Website” means the non-modifiable (object code) version of the website located at www.clover.com, which, via a web dashboard, provides you with ancillary payments management, reporting, and other tools that: (a) can be used in connection with the mobile payments you accept using the Mobile Merchant Reader, the Mobile Merchant App, and Your Device; and (b) we may change from time to time.

“Security Information” means, collectively, your merchant account number(s), authentication credentials (including user names and passwords, as well as security questions and answers), login details, and any other security or access information used in connection with the Mobile Merchant App or Mobile Merchant Service.

“Third Party Service” means any service, product, promotion, or other offer provided through a software application that you choose to obtain via an agreement between you and the developer of the application. For the avoidance of doubt, Third Party Services are not part of the Mobile Merchant Service.

“Your Device” means any smart phone or other mobile device owned or controlled by you and identified by us from time to time as compatible with and capable of supporting the Mobile Merchant App and Mobile Merchant Service.

II. Binding Contract

2.1 The Mobile Merchant Terms form a legally binding contract between you and us and govern your access to and use of the Mobile Merchant App and Mobile Merchant Service. By accepting payments through Your Device or by clicking to accept these Mobile Merchant Terms, you are choosing to receive the Mobile Merchant Service, and you agree to comply with these Mobile Merchant Terms. You agree that you are responsible for all persons using any part of the Mobile Merchant Service under authentication credentials associated with your merchant account number.

2.2 The person clicking to agree to these Mobile Merchant Terms does so on your behalf and also represents and warrants on your behalf that: (a) s/he is authorized to bind you to these Mobile Merchant Terms; and (b) neither you nor that person is barred or otherwise legally prohibited from accessing or using the Mobile Merchant App or Mobile Merchant Service.

III. Your Use of the Service

3.1 Use of the Mobile Merchant Service requires that you receive TransArmor Services. If you are not currently receiving TransArmor Services, please contact us immediately. Additional fees will apply.

3.2 While these Mobile Merchant Terms are in effect, we grant you a personal, limited, non-exclusive, revocable, non-transferable license, without the right to further sublicense or assign in any way, to: (a) install the Mobile Merchant App on Your Devices; and (b) electronically access and use (in the United States only) the Mobile Merchant App and Mobile Merchant Service to conduct point of sale and associated activities for your business in compliance with these Mobile Merchant Terms and the Agreement. The Mobile Merchant App and Mobile Merchant Service are for your internal business use only. For purposes of these Mobile Merchant Terms, “United States” does not include US Territories or possessions.

3.3 For the avoidance of doubt: (a) the license in these Mobile Merchant Terms is provided by us and not by the App Distributor; and (b) the App Distributor is not a party to these Mobile Merchant Terms.

3.4 These Mobile Merchant Terms do not grant you any rights to the Mobile Merchant Marks. All intellectual property rights and other proprietary rights in or related to the Mobile Merchant App, Mobile Merchant Service, or Mobile Merchant Marks are, and will remain, our sole and exclusive property or the sole and exclusive property of our vendors or our licensors (as applicable). We reserve and withhold any and all right, title, and interest associated with the Mobile Merchant App, Mobile Merchant Service, or the Mobile Merchant Marks not expressly licensed by us in these Mobile Merchant Terms. We may revoke this license without notice to you if (a) you fail to comply with these Mobile Merchant Terms or the Agreement, or (b) you misuse the Mobile Merchant App, Mobile Merchant Reader, Mobile Merchant Website, or any part of the Mobile Merchant Service. Any license we provide to the Mobile Merchant App or Mobile Merchant Service will automatically terminate when these Mobile Merchant Terms terminate.

IV. Restrictions

You are not permitted to, and you must not permit any third party to, do any of the following:

  1. attempt to access any part of the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service that is not intended to be available to you;
  2. attempt to avoid or defeat any security or authentication measure in the Mobile Merchant App, Mobile Merchant Website, or any part of the Mobile Merchant Service;
  3. attempt to decompile, disassemble, reverse engineer, reconstruct, or discover any source code, underlying ideas, or algorithms of the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing);
  4. modify, translate, or alter in any manner the Mobile Merchant Marks, Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing);
  5. create derivative works of, or based on, the Mobile Merchant Marks, Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing);
  6. directly or indirectly copy the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing) except for backup purposes and except as strictly necessary to execute a separately downloaded instance of the Mobile Merchant App on any of Your Devices;
  7. re-publish, upload, post, transmit, disclose, or distribute (in any format) the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing);
  8. access or use (in any format) the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing) through any time‐sharing service, service bureau, network, consortium, or other means;
  9. rent, lease, sell, sublicense, assign, or otherwise transfer your license to any third party, whether by operation of law or otherwise;
  10. without first obtaining our written consent (i) use, ship, or transship the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing) outside of the United States, or (ii) access the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing) from outside the United States;
  11. remove, relocate, or otherwise alter any proprietary rights notices from the Mobile Merchant Reader, Mobile Merchant App, Mobile Merchant Website, Mobile Merchant Service, or Mobile Merchant Marks;
  12. attempt to perform any action that is reasonably likely to (i) interfere with the proper working of the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing), (ii) prevent access to or use of the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing) by other users, or (iii) in our reasonable judgment impose an unreasonable or disproportionately large load on our infrastructure, network capability, or bandwidth; or
  13. use the Mobile Merchant App, Mobile Merchant Website, or Mobile Merchant Service (or any part of any of the foregoing) except as permitted in these Mobile Merchant Terms.

V. Mobile Merchant Service Limitations and Requirements

5.1 You are required to register and create an account on the Mobile Merchant Website to use the Mobile Merchant App and Mobile Merchant Service. In connection with our registration process, you agree to: (a) provide true, accurate, current, and complete information about yourself and your business; and (b) maintain and update this information to keep it true, accurate, current, and complete. If any information you provide is untrue, inaccurate, not current, or incomplete, we have the right to terminate your Mobile Merchant Service account and refuse to allow you to use the Mobile Merchant Service now or in the future.

5.2 You may use the Mobile Merchant App and access the Mobile Merchant Service through Your Device using a wireless (Wi-Fi or cellular) connection to the Internet. Other devices with Internet service can be used to access the Mobile Merchant Website. You are solely responsible for the payment of any fees that may be imposed by the applicable Internet, telecommunications, or other data provider for Your Device or any other device you use to access the Mobile Merchant Website. Your use of the Mobile Merchant App and Mobile Merchant Service may be subject to: (a) the terms of any agreement you have with the applicable Internet, telecommunications, or other data provider for Your Device or any other device you use to access the Mobile Merchant Website; and (b) the availability, transmission range, or uptime of the services provided by the applicable Internet, telecommunications, or other data provider for Your Device or any other device you use to access the Mobile Merchant Website. For the avoidance of doubt, the Mobile Merchant App and Mobile Merchant Service do not support offline point of sale activities and require Internet connectivity for proper functioning.

5.3 The Mobile Merchant App and Mobile Merchant Service do not function with every mobile device. We may from time to time alter which mobile devices are approved as compatible with the Mobile Merchant App and Mobile Merchant Service.

5.4 We or our service providers may perform maintenance on the Mobile Merchant Service from time to time, which may result in service interruptions, delays, or errors. You may be offered new services, software, or applications that may be in beta testing and not final. As such, the Mobile Merchant App and Mobile Merchant Service may contain errors and “bugs” that may result in failure. We will not be liable for any such interruptions, delays, errors, or bugs. You agree that we or our service providers may contact you in order to assist you with the Mobile Merchant App and Mobile Merchant Service and to obtain information needed to identify and fix any errors.

5.5 You agree at all times to comply with any operating procedures, requirements, or guidelines regarding your use of the Mobile Merchant App or Mobile Merchant Service that are posted on the Mobile Merchant Website or otherwise provided or made available to you.

5.6 You are solely responsible for complying with all laws, rules, and regulations that are applicable to your business, and (notwithstanding your use of the Mobile Merchant App and Mobile Merchant Service to facilitate your payment transactions and associated activities for your business) we disclaim any and all liability for your failure to comply with such laws, rules, and regulations.

5.7 You are solely responsible for ensuring the accuracy of all information and data regarding your business that you provide to us or our service providers in connection with the Mobile Merchant Service. In addition, you are solely responsible for verifying that all information and data loaded onto any of Your Devices by us or our service providers at your request are accurate before you use the Mobile Merchant App and Mobile Merchant Service with Your Device. We and our service providers disclaim any and all liability arising out of any inaccuracies with respect to such information or data.

5.8 Each Customer that requests delivery of a transaction receipt via text message or e-mail must enter his or her telephone number or e-mail address in the appropriate space displayed on Your Device. You agree that you will not add or modify any Customer Information on behalf of a Customer. If a Customer asks for a paper receipt, Card Organization Rules require you to give the Customer a paper receipt.

5.9 You understand, acknowledge, and agree that when a Customer gives you his or her Customer Information in order to obtain a receipt from you, the Customer is NOT consenting to receive any kind or form of marketing material or other communication from you via text message or e-mail.

5.10 NOTWITHSTANDING THE CAPABILITY OF THE MOBILE MERCHANT SERVICE TO COLLECT AND STORE CUSTOMER INFORMATION AND TO ALLOW YOU TO PROVIDE MARKETING MATERIALS TO YOUR CUSTOMERS, SOME LAWS LIMIT YOUR USE AND/OR DISCLOSURE TO THIRD PARTIES OF CUSTOMER INFORMATION ONCE COLLECTED, EVEN IF THE CUSTOMER PROVIDES CONSENT, VERBALLY OR IN WRITING. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT: (a) YOUR USE, AND/OR DISCLOSURE TO THIRD PARTIES, OF CUSTOMER INFORMATION OBTAINED THROUGH YOUR USE OF THE MOBILE MERCHANT APP OR OTHERWISE IN CONNECTION WITH YOUR USE OF THE MOBILE MERCHANT SERVICE MAY BE SUBJECT TO LOCAL, STATE, AND/OR FEDERAL LAWS, RULES, AND REGULATIONS; (b) YOU ARE SOLELY RESPONSIBLE FOR KNOWING ALL SUCH LAWS, RULES, AND REGULATIONS; AND (c) YOU WILL AT ALL TIMES STRICTLY COMPLY WITH ALL SUCH LAWS, RULES, AND REGULATIONS.

VI. Equipment

The terms of the Agreement (including the equipment-related provisions) apply to all Mobile Merchant Readers that you separately purchase from us in connection with the Mobile Merchant Service.

VII. Fees

Fees for the Mobile Merchant Service will appear on your Pricing Terms disclosures.

VIII. Privacy and Data Use

8.1 Account Data is collected by Clover Network and not by us or Bank; therefore, the use and sharing of Account Data is controlled by the Clover Network Privacy Policy (available at https://www.clover.com/privacy_policy). PLEASE NOTE THAT THE CLOVER NETWORK PRIVACY POLICY IS NOT THE SAME AS OUR PRIVACY POLICY OR THE BANK’S PRIVACY POLICY, AND YOU MUST REVIEW THE CLOVER PRIVACY POLICY TO ENSURE IT MEETS YOUR NEEDS AND IS CONSISTENT WITH THE AGREEMENT YOU HAVE WITH YOUR CUSTOMERS.

8.2 You acknowledge and agree that: (a) at our request to Clover Network, we may access your Account Data, and our use of your Account Data is governed by the terms of the Agreement; and (b) certain data collected by us or Clover Network in connection with the Mobile Merchant Service may be shared with third parties, and may be retained and used by us, Clover Network, or third parties for purposes of improving our products and services and providing additional products and services to you, other merchants, or other third parties. PLEASE BE AWARE THAN ANY INFORMATION COLLECTED FROM YOU, OR PROVIDED BY YOU, IN CONNECTION WITH A THIRD PARTY SERVICE IS GOVERNED SOLELY BY THE PRIVACY POLICY OF THE THIRD PARTY SERVICE DEVELOPER. YOU WILL BE ABLE TO REVIEW THE PRIVACYPOLICIES OF THIRD PARTY SERVICE DEVELOPERS BEFORE USING THE THIRD PARTY SERVICES.

IX. Protecting Information

You are solely responsible for ensuring that your Security Information is kept safe and confidential and for preventing unauthorized access to or use of your Security Information. You must also prevent unauthorized access to or use of any Account Data or Customer Information. You are responsible for all electronic communications sent to us or to any third party (including Clover Network) containing Account Data or Customer Information. When we receive communications containing your Account Data or Customer Information, we assume you sent it to us, and when Clover Network receives communications containing your Account Data or Customer Information, Clover Network assumes you sent it to them. You must immediately notify us if you become aware of any loss, theft, or unauthorized use of any of your Account Data or Customer Information (see Mobile Merchant Service support center contact information below). You should not send Account Data, Customer Information, or other confidential information to us or Clover Network through unsecure channels outside of the Mobile Merchant Service. We reserve the right to deny you access to the Mobile Merchant Service, in whole or in part, if we believe that (a) any unauthorized access to Account Data or Customer Information has occurred; or (b) any loss, theft, or unauthorized use of any Account Data or Customer Information has occurred.

X. Term and Termination

10.1 These Mobile Merchant Terms become effective on the day we begin providing the Mobile Merchant Service to you and will terminate as described in this Section 10.

10.2 These Mobile Merchant Terms will terminate automatically when the Agreement terminates. In addition, either you or we may terminate these Mobile Merchant Terms at any time by giving thirty (30) days’ advance written notice to the other party.

10.3 We will have the right to suspend the Mobile Merchant Service or terminate these Mobile Merchant Terms by giving you written notice if: (a) we determine that you are using Mobile Merchant App or Mobile Merchant Service for any fraudulent, illegal, or unauthorized purpose; (b) you violate any provision of these Mobile Merchant Terms; (c) an Event of Default occurs under the Agreement; (d) we terminate our agreement with any third parties that are involved in providing the Mobile Merchant App or Mobile Merchant Service; or (e) we otherwise decide to discontinue providing the Mobile Merchant App or Mobile Merchant Service. You acknowledge and agree that if the circumstances described in (a) or (b) occur, that occurrence may be deemed an Event of Default under the Agreement, giving us and Bank all of the rights and remedies described in the Agreement for an Event of Default, which may include immediate termination of the Agreement and these Mobile Merchant Terms without notice.

10.4 If these Mobile Merchant Terms terminate for any reason, you will be responsible for the full amount of any fees you incur in connection with the Mobile Merchant Service through the end of the calendar month in which the termination is effective.

XI. Disclaimer

USE OF THE MOBILE MERCHANT APP, MOBILE MERCHANT SERVICE, AND MOBILE MERCHANT READER IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MOBILE MERCHANT APP, MOBILE MERCHANT SERVICE, AND MOBILE MERCHANT READER ARE PROVIDED “AS IS,” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) WITH REGARD TO THE MOBILE MERCHANT APP, MOBILE MERCHANT SERVICE, OR MOBILE MERCHANT READER, INCLUDING BUT NOT LIMITED TO (a) WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‐INFRINGEMENT, (b) ANY WARRANTY THAT THE MOBILE MERCHANT APP, MOBILE MERCHANT SERVICE, OR MOBILE MERCHANT READER WILL FUNCTION UNINTERRUPTED OR ERROR‐FREE, OR (c) ANY WARRANTY THAT THE MOBILE MERCHANT APP, MOBILE MERCHANT SERVICE, OR MOBILE MERCHANT READER IS SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.

XII. Third Party Services

12.1 The Mobile Merchant Service enables you to access Third Party Services via the App Market. Your use of the App Market means that you have accepted the App Market agreement with Clover MarketPlace, LLC and have agreed to be bound by that agreement (which you can access on the Mobile Merchant Website).

12.2 If you choose to obtain Third Party Services via the App Market, you will be responsible for reviewing and understanding the terms and conditions that apply to each Third Party Service (including obtaining and maintaining any third party hardware and/or software that may be necessary for the Third Party Service to work with the Mobile Merchant Service). You understand that your access or use of Third Party Services is at your own risk. You also understand that if you elect to use Third Party Services, information you submit in your application to use Third Party Services will be given to the developer(s) of such Third Party Services and not to us.

12.3 You expressly acknowledge and agree that Third Party Services are not governed by these Mobile Merchant Terms or the Agreement. You will have no recourse against us or Bank for any Third Party Service. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APP MARKET OR ANY THIRD PARTY SERVICE IS DOWNLOADED OR OBTAINED AT YOUR OWN RISK. NEITHER WE NOR BANK WILL BE RESPONSIBLE FOR ANY ACTIONS, OR ANY FAILURES TO ACT, OF ANY THIRD PARTY, AND WE AND BANK EXPRESSLY DISCLAIM ANY LIABILITY RELATED TO THE APP MARKET AND ALL THIRD PARTY SERVICES. NEITHER WE NOR BANK WARRANTS, ENDORSES, GUARANTEES, OR ASSUMES RESPONSIBILITY FOR (a) ANY DEVELOPER OF A THIRD PARTY SERVICE OR (b) ANY PRODUCT THAT IS ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MOBILE MERCHANT SERVICE, THE MOBILE MERCHANT WEBSITE, OR THE APP MARKET (INCLUDING ANY WEBSITE, SERVICE, OR PRODUCT THAT IS HYPERLINKED OR FEATURED IN ANY BANNER OR OTHER ADVERTISING). NEITHER WE NOR BANK WILL BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND DEVELOPERS OF THIRD PARTY SERVICES OR ANY OTHER PRODUCT.

XIII. Indemnity

Without limiting your indemnification obligations in the Agreement, you agree to indemnify and hold us harmless from and against all losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your failure to comply with all terms and conditions in these Mobile Merchant Terms;
  2. Your use, sharing, or disclosure of any Customer Information obtained in connection with your use of the Mobile Merchant App or the Mobile Merchant Service;
  3. The content or delivery of any marketing messages that you send, or cause to be sent, to any Customer telephone number or e-mail address obtained through your use of the Mobile Merchant App or otherwise in connection with your use of the Mobile Merchant Service; or
  4. Any other individual or entity’s access and/or use of the Mobile Merchant App or the Mobile Merchant Service under authentication credentials associated with your merchant account number.

XIV. Notices

We may provide notices and other information regarding the Mobile Merchant App or Mobile Merchant Service to you via the method(s) described in the Agreement or in the E‐Sign Consent Agreement set forth below. Your notices to us shall be delivered via the method(s) described in the Agreement.

XV. Consent to Electronic Communication

You agree that we or our service providers may: (a) use live agent calls, an automatic telephone dialing system, an artificial or pre-recorded voice, or text messages to contact you at the telephone number(s) you have provided; (b) may leave a detailed voice message if you are unable to be reached; and (c) may contact you via fax communications if you have provided us with a fax number. You agree to these electronic communications even if the number you have provided is a cellular or wireless number, you have previously registered on a Do Not Call list, or you have otherwise requested not to be contacted. You acknowledge that by giving these consents, the electronic communications from us to you may be subject to charges or fees by your telecommunications or other applicable service provider, and you agree that any charges or fees are your responsibility to pay. You also acknowledge that these consents are not a condition of receiving the Mobile Merchant Service.

XVI. Amendment

We have the right to change or add to these Mobile Merchant Terms at any time, and to change, delete, discontinue, or impose conditions on any feature or functionality of the Mobile Merchant App or the Mobile Merchant Service by giving you notice as described in the Agreement. Any use of the Mobile Merchant App or Mobile Merchant Service after our publication of any change will mean you have accepted the change and/or the modified Mobile Merchant Terms (as applicable).

XVII. Ideas

You may choose, or we may invite you, to submit comments or ideas about the Mobile Merchant App or Mobile Merchant Service, including ideas about how to improve the Mobile Merchant App or Mobile Merchant Service (collectively, “Ideas”). By submitting any Idea, you agree that: (a) we expressly disclaim any confidentiality obligations or use restrictions (express or implied) with respect to any Idea; (b) your submission will not be confidential; and (c) we are free to use and disclose any Idea on an unrestricted basis without notifying or compensating you. You release us from all liability and obligations that may arise from our receipt, review, use, or disclosure of any Idea or portion of any Idea.

XVIII. Third Party Beneficiaries

Our Affiliates and any third parties we use in providing the Mobile Merchant Service are intended third party beneficiaries of these Mobile Merchant Terms, and each of them may enforce its provisions as if it were Processor. Except as provided in the preceding sentence and except as otherwise expressly provided in these Mobile Merchant Terms, nothing in these Mobile Merchant Terms is intended to confer upon any individual or entity any rights or remedies with respect to the Mobile Merchant Terms, and the parties do not intend for any individual or entity to be third party beneficiaries of these Mobile Merchant Terms.

XIX. Support

For all Mobile Merchant Service support (including questions related to the Mobile Merchant Reader or Mobile Merchant App), please contact the Mobile Merchant support center at 1‐800‐451‐5817.

E‐SIGN CONSENT AGREEMENT FOR NOTIFICATION OF DISCLOSURES RELATED TO THE MOBILE MERCHANT SERVICE AND THE AGREEMENT

Consent

By clicking to agree to these Mobile Merchant Terms, you consent and agree that:

  1. We can provide disclosures required by law and other information about your legal rights and duties to you electronically;
  2. Where required or requested, your electronic signature (via “click to agree” or other method) on agreements and documents relating to the Mobile Merchant App or Mobile Merchant Service has the same effect as if you signed them in ink;
  3. We may choose to send any or all communications, billing statements, amendments to these Mobile Merchant Terms, notices, and other disclosures or information regarding the Agreement, the Services (as defined in the Agreement), these Mobile Merchant Terms, the Mobile Merchant App, or the Mobile Merchant Service (collectively, “Disclosures”) to you electronically (i) via e‐mail, (ii) by access to a website that we designate in an e‐mail notice we send to you at the time the information is available, or (iii) to the extent permissible by law, by access to a website that we will generally designate in advance for such purpose, although, in any case, we may choose not to send them to you electronically;
  4. If you want a paper copy, you can print a copy of the Disclosure or download the information for your records; and
  5. This consent applies to all future Disclosures sent to you in connection with the Agreement, the Services (as defined in the Agreement), these Mobile Merchant Terms, the Mobile Merchant App, or the Mobile Merchant Service.

Legal Effect

By consenting, you agree that electronic Disclosures have the same meaning and effect as if we provided paper Disclosures to you. When we send you an e-mail or other electronic notification alerting you that a Disclosure is available electronically and make the Disclosure available to you online, those actions will have the same meaning and effect as if we provided a paper Disclosure to you, whether or not you choose to view or print or download the Disclosure.

THESE MOBILE MERCHANT TERMS HAVE BEEN EXECUTED BY PROCESSOR (WITHOUT WET SIGNATURE) AND ON YOUR BEHALF BY THE PERSON CLICKING TO AGREE TO THESE MOBILE MERCHANT TERMS, WHO (AS A USER OF THE MOBILE MERCHANT APP AND MOBILE MERCHANT SERVICE FOR YOUR BUSINESS) IS DEEMED TO HAVE BEEN AUTHORIZED BY YOU TO (1) ACCEPT THESE MOBILE MERCHANT TERMS ON YOUR BEHALF, AND (2) SEPARATELY CONSENT ON YOUR BEHALF TO THE E‐SIGN CONSENT AGREEMENT ABOVE, WHICH YOU ACKNOWLEDGE IS REQUIRED FOR YOUR ACCEPTANCE OF THE MOBILE MERCHANT SERVICE AND OUR ACCEPTANCE OF THESE MOBILE MERCHANT TERMS.