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Mobile Wallet Terms and Conditions

Terms and Conditions for Adding Your Eastern Michigan Bank Debit Card to a Third-Party Digital Wallet

These terms and conditions (“Terms”) for adding your Eastern Michigan Bank debit card (“Card”) virtually to a third-party digital wallet (“Wallet”) apply when you choose to add your Card to a digital wallet or other payment service managed or owned by a third party. In these Terms, “you” and “your” refer to the cardholder, and “we,” “us,” “our,” and Eastern Michigan Bank refer to the issuer of your Card.

You acknowledge that you have read and accepted these Terms when you request that your Card be added to a Wallet.

1. Adding your Card. You can add an eligible Card to a Wallet by following the instructions of the Wallet provider. Only Cards that we indicate are eligible can be added to a Wallet. If your Card or underlying deposit account is not in good standing, that Card will not be eligible to be enrolled in a Wallet. When you add a Card to a Wallet, the Wallet allows you to use the Card to enter into transactions where the Wallet is accepted. The Wallet may not be accepted at all places where your Card is accepted.

2. The Terms and Conditions of Your Account Agreement Do Not Change. The terms and account agreement that govern your Card and the underlying deposit account do not change when you add your Card to a Wallet. The applicable account agreement that governs your Card and deposit account, as amended from time to time, is incorporated by reference as part of these Terms. Please review that agreement, as applicable, for important information on your rights and responsibilities when making any transaction. The Wallet simply provides another way to make purchases with your Card.

3. Applicable Fees. Any applicable interest, fees, and charges that apply to your Card will also apply when you use a Wallet to access your Card. Eastern Michigan Bank does not charge you any additional fees for adding your Card to a Wallet or using your Card in a Wallet, but the Wallet provider and other third parties, such as wireless companies or data service providers, may charge you fees.

4. Eastern Michigan Bank is Not Responsible for the Wallet. Eastern Michigan Bank is not the provider of the Wallet, and we are not responsible for providing the Wallet service to you. We are only responsible for supplying information securely to the Wallet provider to allow usage of your Card in the Wallet. We are not responsible for any Wallet failure, errors, delays caused by, or inability to use the Wallet for any transaction. We are not responsible for the performance or nonperformance of the Wallet provider or any other third parties regarding any agreement you enter into with the Wallet provider or associated third-party relationships that may impact your use of the Wallet.

5. Contacting You Electronically and by Email. You consent to receive electronic communications and disclosures from us in connection with your Card and the Wallet or Wallets you choose to use. You agree that we can contact you by email at any email address you provide to us in connection with any Eastern Michigan Bank product, service, or account or through the mobile device on which you have downloaded the Eastern Michigan Bank Mobile app. It may include contact from companies working on our behalf to service your accounts. You agree to update your contact information with us when it changes.

By accepting these Terms, you agree that use of this service is subject to the federal Electronic Signatures in Global and National Commerce Act (ESIGN). Continued use of your Card in a Wallet requires that you agree to receive all notices electronically. If you prefer to receive paper notices, you have the right to withdraw your consent, in which case we will terminate your use of your Card in the Wallet or Wallets you have selected.

6. Transaction History. You agree and acknowledge that the transaction history displayed in a Wallet solely represents our authorization of your Wallet transactions and may not reflect complete information about the transaction, nor any post-authorization activity, including but not limited to clearing, settlement, foreign currency exchange, reversals, returns or chargebacks. Accordingly, the purchase amount, currency, and other details for the Wallet provider’s transaction history in connection with the use of your Card in the Wallet may be preliminary and/or incomplete and may not match the transaction amount that ultimately clears, settles, and posts to your account’s monthly statement, which shall be deemed the prevailing document.

7. Removing Your Card from a Wallet. You should contact the Wallet provider on how to remove a Card from the Wallet. We can also block any Card in a Wallet from purchases at any time.

8. Governing Law and Disputes. These Terms are governed by federal law and, to the extent that state law applies, the laws of the state that apply to the agreement under which your Card is covered. Disputes arising out of or relating to these Terms will be subject to any dispute resolution procedures in your account agreement.

9. Ending or Changing these Terms; Assignments. We can terminate these Terms at any time. We can also change, add, or delete any items from these Terms at any time. Your use of your Card in a Wallet after we have made such changes available will be considered your agreement to the changes. We will provide notice if required by law. We can also assign these Terms. Furthermore, subject to applicable law, at any time, we may (i) terminate your use of any Card in connection with a Wallet, (ii) modify or suspend the type or dollar amounts of transactions allowed using our Cards in connection with a Wallet, (iii) change a Card’s eligibility for use with a Wallet and/or (iv) change the Card authentication process. You cannot change these terms, but you can terminate these Terms at any time by removing all your Cards from a Wallet. You may not assign these Terms.

10. Privacy. Your privacy and the security of your information are important to us. Our Online Privacy Policy and, where appropriate, our Consumer Privacy Notice, as amended from time to time, apply to your use of your Card in a Wallet. You agree that we may share your information with the Wallet provider, a payment network, and others to provide the services you requested, make information about your Card transactions available, and improve our ability to offer these services. This information helps us to add your Card to a Wallet and to maintain the Wallet. We do not control the privacy and security of your information that may be held by the Wallet provider. That is governed by the privacy policy given to you by the Wallet provider.

11. Notices. We can provide notices to you concerning these Terms and your use of your Card in a Wallet by posting the material on our website, through electronic notice given to any electronic mailbox we maintain for you, or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you. You may contact us at 1-800-397-2504.

12. Limitation of Liability; No Warranties. We are not and shall not be liable for any loss, damage, or injury or for any direct, indirect, special, incidental, exemplary, or consequential damages, including lost profits, arising from or related to your adding your Card to a Wallet or your access or use of a Wallet. To the fullest extent permitted by law, we disclaim all representations, warranties, and conditions of any kind (express, implied, statutory, or otherwise, including but not limited to the warranties of merchantability and fitness for a particular purpose, title, and non-infringement of proprietary rights) as to any and all Wallets and all information, products and other content included in or accessible from the Wallets.

13. Questions. If you have any questions, disputes, or complaints about a Wallet, contact the Wallet provider using the information provided to you by the provider. If your question, dispute, or complaint is about your Card, then contact us at 1-800-397-2504.