Optional Personal Finance Management Service
This section of the Agreement governs my election to use the optional Personal Finance Management Service that is offered by Bank as part of My Frost Services. I understand that my use of the Personal Finance Management Service is subject to the terms and conditions of this Section IV(E). Proceeding with using the Personal Finance Management Service constitutes your assent to and acceptance of the terms and conditions contained herein.
The Personal Finance Management Service may include, but will not be limited to, the ability to aggregate and monitor your Frost account information and the ability to aggregate and monitor your non-Frost accounts upon you adding them to the Personal Finance Management Service. Frost, in its sole discretion, may change the scope of the Personal Finance Management Service from time to time. Please visit www.frostbank.com for a current list of features.
Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other financial institutions and you agree to not misrepresent your identity or your account information.
Proprietary Rights. You are permitted to use content delivered to you through the Personal Finance Management Service only on the Personal Finance Management Service. You may not copy, reproduce, distribute, or create derivative works from this content. You agree not to reverse engineer or reverse compile any of the Personal Finance Management Service technology, including but not limited to, any Java applets associated with the Personal Finance Management Service.
Content You Provide. You are licensing to Frost Bank and its service providers (“Service Provider”) any information, data, passwords, materials or other content (collectively, “Content”) you provide through or to the Personal Finance Management Service. Bank and Service Provider may use, modify, display, distribute and create new material using such Content to provide the Personal Finance Management Service to you. By submitting Content, you expressly agree, or promise that the owner of such Content has expressly agreed that, without any particular time limit, and without the payment of any fees, Bank and Service Provider may use the Content for the purposes set out herein.
Communications. By deciding to enroll in the optional Personal Finance Management Service, I understand that I am granting Frost and its affiliates permission to use data collected through the use of the Personal Finance Management Service and related data analytics to contact me for marketing purposes.
Third-Party Accounts. By using the Personal Finance Management Service, you authorize Bank and Service Provider to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant Bank and Service Provider each a limited power of attorney, and you hereby appoint Bank and Service Provider each as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, place and stead, in any and all capacities, to access third-party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be clone in connection with such activities, as fully to all intents and purposes as you might or could do in person. Information you provide Frost for the Personal Finance Management Service, such as necessary account login information, passwords, or IDs to access third-party accounts, is not stored on your mobile device and is not stored by Frost. Such information will, however, be stored by Service Provider in order to periodically provide account updates for the Personal Finance Management Service. YOU ACKNOWLEDGE AND AGREE THAT WHEN BANK OR SERVICE PROVIDER ACCESSES AND RETRIEVES INFORMATION FROM THIRD-PARTY SITES, BANK AND SERVICE PROVIDER ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that third-party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you. You understand and agree that the Personal Finance Management Service is not endorsed or sponsored by any third-party account providers accessible through the Personal Finance Management Service.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE PERSONAL FINANCE MANAGEMENT SERVICE IS AT YOUR SOLE RISK. THE PERSONAL FINANCE MANAGEMENT SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AS BETWEEN YOU AND BANK AND SERVICE PROVIDER, COMPANY AND SERVICE PROVIDER EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND AS TO THE SERVICE AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
BANK AND SERVICE PROVIDER MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PERSONAL FINANCE MANAGEMENT SERVICE WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PERSONAL FINANCE MANAGEMENT SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR SERVICE PROVIDER THROUGH OR FROM THE PERSONAL FINANCE MANAGEMENT SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
LIMITATION OF LIABILITY. YOU AGREE THAT NEITHER BANK NOR SERVICE PROVIDER NOR ANY OF THEIR AFFILIATES, ACCOUNT PROVIDERS OR ANY OF THEIR AFFILIATES WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF BANK OR SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES, (iii) ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANYONE UTILIZING OR ACCESSING THE SERVICE; (vi) THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF ANY THIRD-PARTY ACCOUNT PROVIDER SITE, EVEN IF THE PROVIDER HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES; OR (VII) ANY OTHER MATTER RELATING TO THE PERSONAL FINANCE MANAGEMENT SERVICE.
Indemnification. In addition to the other indemnification provisions contained in the Agreement or other applicable Bank agreements, you agree to indemnify and hold harmless Bank and Service Provider and their affiliates from any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) caused by or arising from your use of the Personal Finance Management Service, your violation of these terms or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.
You agree that Service Provider is a third-party beneficiary of the above provisions, with all rights to enforce such provisions as if Service Provider were a party to this Agreement.
Apple Pay Service
This section of the Agreement governs my election to use eligible debit or credit cards issued by Frost Bank (“each, a “Payment Card”) when I add, attempt to add, or keep a Payment Card in the Apple Pay™ wallet (“Wallet”) on any iPhone®, iPad®, or other mobile device that supports the Wallet (the “Apple Pay Service”), in the event that the Apple Pay Service is offered by Bank as part of My Frost Services. I understand that my use of the Apple Pay Service is subject to the terms and conditions of this Section IV(F). Proceeding with using the Apple Pay Service constitutes your assent to and acceptance of the terms and conditions contained herein.
Relationship to Apple and Other Third Parties. The Apple Pay Service is a service offered exclusively by Apple using eligible Apple devices. Apple and Apple Pay are registered trademarks of Apple Inc. Frost does not own, operate, or control Apple Pay (including the Wallet), and is 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 or any third party’s products or services.
Apple, your wireless carrier, and other third party websites or services integrated in the Apple Pay Service have their own 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. It is your responsibility to read and understand the third-party agreements before creating, activating, or using a Mobile Card in Apple Pay.
We are not responsible for, and do not provide, any support or assistance for any third-party hardware, software, or other products or services (including any Apple Pay Service or your Supported iOS Device). If you have any questions or issues with a third-party product or service, including issues pertaining to the operation of your Supported iOS Device, please contact the appropriate third party in accordance with that third party's procedures for customer support and assistance. If you have any questions or issues pertaining to Apple Pay (other than questions or issues specific to the use of a Mobile Card), please contact Apple.
Eligibility. Frost reserves the right to restrict the use of certain Payment Card types within the Apple Pay Service. For the most current list of Payment Card types that are eligible for the Apple Pay Service, please visit www.frostbank.com. In order for us to authorize your use of your Frost-issued Payment Card within the Apple Pay Service, your Payment Card must be an eligible Payment Card type, 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. Apple Pay enables you to create virtual representations of your Payment Cards (collectively, “Mobile Cards”) on an eligible Apple device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a virtual representation of your Payment Card (in lieu of you presenting your physical Payment Card) and (ii) in-app or other digital commerce payments at merchants participating in Apple Pay. You are required to have an eligible Apple device (a “Supported iOS Device”) in order to use this service. Apple, in 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/.
Use of Your Mobile Cards. When you select a Payment Card to use with Apple Pay, certain account information for the Payment Card will be transmitted to and stored according to the Apple Pay and payment card network procedures and systems for the Supported iOS Device to facilitate your participation in the Apple Pay Service. Once the account information for a Payment Card has been stored in accordance with the Apple Pay procedures, it is represented by a Mobile Card within the Apple Pay function. By selecting a Mobile Card and placing your Supported iOS Device near a merchant's contactless-enabled point-of-sale terminal or reader or using that Mobile Card for an in-app purchase, you are authorizing the payment for the merchant's products or services with that Mobile Card through the Apple Pay Service. To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection to authenticate your identity. Once created, a Mobile Card may work even if you do not have wireless service.
Apple Pay also provides you access to information related to the Payment Cards that have been added to your Supported iOS Device. This may include information about card cancellation or suspension due to issues such as an expired card, detection of fraud or past due payments.
For each Payment Card added to Apple Pay, you may also view the last 10 purchase transactions made by you on that Payment Card, whether or not made using the Supported iOS Device, but not the transactions made by any additional card member on your card account. The information will include the date, purchase amount and merchant name. Please note that some of the listed transactions may be pending charges, which are temporary and are subject to change (for instance, pre-authorizations at restaurants and hotels). Apple Pay provides you with the option and ability to turn off this purchase transaction reporting for each Mobile Card. For additional card account information, please log into your My Frost Account, or call the number on the back of your Payment Card.
Purchases or other transactions you make with any of your Payment Card are governed by the card member agreement for the Payment Card you used to create your Mobile Card. If a problem arises with the product or service you purchased through use of the Mobile Card, you first should try to resolve the problem directly with the merchant, but you may also have rights under your card member agreement or otherwise under applicable law.
Fees. We do not currently charge any fees for using the Apple Pay Service. Please review your Frost Deposit Account Agreement and applicable Schedules for any applicable fees, interests, or other charges associated with your Account. You understand, however that you third-party agreements may contemplate fees, limitations, and restrictions which might affect your use of any of your Mobile Card(s) (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree you are solely responsible for all such fees and agree to comply with such limitations and restrictions.
We reserve the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you at least 30 days in advance of the date such charges will take effect.
Suspension; Cancellation. We reserve the right for any reason to discontinue offering or supporting any Mobile Card or to not participate in the Apple Pay Service. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Mobile Card at any time without notice and for any reason, including if you violate the terms of this Agreement or any of your card member agreements, if we suspect fraudulent activity or as a result of the cancellation or suspension of your Payment 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 Mobile Card.
Frost may disqualify a Mobile Card or discontinue providing any services to any individual suspected of violating the terms of this Agreement or the third-party agreements related to the Apple Pay Service in its sole and absolute discretion. We also caution you that ANY ATTEMPT BY AN INDIVIDUAL OR ENTITY TO DELIBERATELY INTERFERE, INTERRUPT, MODIFY, AUDIT, ASSESS, RE-ENGINEER, OR DAMAGE ANY ASPECT OF A MOBILE CARD OR THE APPLE PAY SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF A MOBILE CARD OR THE APPLE PAY SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND FROST RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY INDIVIDUAL OR ENTITY RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
You may remove one or more of your Mobile Cards from Apple Pay at any time by pressing the “Delete” button in Apple Pay or by calling the number on the back of your Eligible Card.
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.
Data Privacy. When creating your Mobile Card, we collect certain information from Apple to verify your identity, to enable you to use a Mobile Card and facilitate your participation in the Apple Pay Service. You authorize Frost to collect, use and share your information in accordance with the applicable Frost privacy policies, as they may be amended from time to time. To facilitate your participation, also note that we will make certain account information relating to each Payment Card you have selected to use with Apple Pay available for display, including your most recent transaction data, but not your full Payment Card account number. You may decline to have the transaction data made available for display and still use Apple Pay, but you must turn off this feature manually with Apple through Apple Pay. You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Supported iOS Device gathered periodically to facilitate the updates to our services. We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
You understand and acknowledge that third parties, such as Apple, Visa, and/or 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 Frost. As stated earlier, Frost is not responsible for the Apple Pay Service or any other services offered by your wireless carrier or any third party. Accordingly, any information you provide to Apple or another third party through Apple Pay, or that is collected or accessed by Apple in the course of your use of a Mobile Card or Apple Pay, is subject to third party agreements, and is not governed by Frost’s Customer Privacy Statement or this Agreement.
Changes to Apple Pay Service Terms. We reserve the right to revise these Apple Pay Service terms at any time and you are deemed to be aware of and bound by any changes to these terms by your continued access to or use of any Mobile Card. We will indicate that changes to these terms have been made by updating the date indicated after "Last Modified:" at the beginning of this Agreement. You will also be able to view the revised Apple Pay Service terms on your Supported iOS Device by accessing any of your Mobile Cards. If you do not accept any revisions made to these terms, your sole and exclusive remedy is to cancel your use of and delete all Mobile Card(s).
Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY MOBILE CARD IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY MOBILE CARD IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE", WITH ALL DEFECTS THAT MAY EXIST FROM TIME TO TIME AND WITHOUT WARRANTY OF ANY KIND, AND FROST, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY MOBILE CARD, 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, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY MOBILE CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, A MOBILE CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF A MOBILE CARD WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN A MOBILE CARD WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FROST, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.
ACCESS, USE AND MAINTENANCE OF A MOBILE CARD DEPEND ON THE APPLE PAY SERVICE AND THE NETWORKS OF WIRELESS CARRIERS. FROST DOES NOT OPERATE THE APPLE PAY SERVICE OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY MOBILE CARD, SUCH AS UNAVAILABILITY OF THE APPLE PAY SERVICE OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. FROST DISCLAIMS ANY RESPONSIBILITY FOR THE APPLE PAY SERVICE OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A MOBILE CARD.
USE OF A MOBILE CARD INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD PARTY CONNECTIONS. BECAUSE WE DO NOT OPERATE OR CONTROL THESE CONNECTIONS, WE CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED iOS DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH APPLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM FROST OVER THE INTERNET FROM YOUR SUPPORTED iOS DEVICE, WE RESERVE THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS WE SELECT.
WE MAKE NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE APPLE PAY SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
This section shall survive any termination of this Agreement for any reason.
You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Mobile Card on your Supported iOS Device solely in accordance with these Apple Pay Service terms. The license is limited to use on any Supported iOS Device that you own or control and as permitted by any applicable third-party agreements. Such license does not allow you to use the Mobile Card(s) on any device that you do not own or control (or for which you do not have authorization to install or run Apple Pay or the Mobile Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any Mobile Card available over a network where it could be used by multiple devices at the same time.
Certain software that Frost uses to provide the Mobile Card(s) has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with Frost. This limited right to use such software is revocable at the discretion of Frost. Frost and its third-party licensors retain all right, title and interest in and to the software used by Frost to provide the Mobile Card(s) and any modifications and updates thereto. You agree that you will not use any third-party materials associated with the Mobile Card(s) or the Apple Pay Service in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you. All third-party intellectual property marks, including the logos of merchants, are the property of their respective owners.
You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Card or the Apple Pay Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Mobile Card or the Apple Pay Service, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with a Mobile Card or the Apple Pay Service). Any attempt to do so is a violation of the rights of Frost and its Third Party Licensors. If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages. The terms of the license will govern any upgrades provided by Frost that replace or supplement any Mobile Card, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
You agree that a Mobile Card 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 Mobile Card or change the enrollment process.
Indemnification. In addition to the indemnification provisions contained elsewhere in this Agreement, you shall indemnify and hold Frost, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of any Mobile Card and the Apple Pay Service or (ii) any breach of the terms and conditions set forth in the Terms of this Agreement by you or other users of the Apple Pay Service using your Mobile Card or credentials. You must use your best efforts to cooperate with us in the prosecution or defense of any such claim. We have to employ counsel of our choice to defend and control of any such matter subject to indemnification by you. You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis. You agree that this paragraph shall survive the termination of this Agreement for any reason.
Limitation of Liability. IN ADDITION TO LIMITATION OF LIABILITY PROVISIONS CONTAINED ELSEWHERE IN THIS AGREEMENT, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL FROST, 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 OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY MOBILE CARD, 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. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR ANY REASON.
A. 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.
B. Report Lost or Stolen Devices or Payment Cards
If you enroll in Apple Pay and your Supported iOS Device is lost or stolen, or you have reason to believe that your Supported iOS 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. Note, however, that you are also responsible for notifying Apple if your Supported iOS Device is lost or stolen. Frost is not responsible for and is unable to disable your Supported iOS Device; Frost can only disable your Payment Card.
Given that your Supported iOS Device can be used like a Payment Card to make purchases, you must notify us in the event your Supported iOS 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. If you get a new Supported iOS Device, please be sure to delete all your Mobile Cards and other personal information from your prior Supported iOS Device.
You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.
In addition to the security procedures described elsewhere in this Agreement, 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 Pay Service. You agree to safeguard your device at all times and not leave it unattended.
Apple Pay and your Supported iOS Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s). These features and procedures are the sole responsibility of Apple. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Mobile Cards.
D. 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.