Effective January 2018

Mobile/Digital Wallet Terms & Conditions

Please take this opportunity to review the following disclosures and information about accessing and using the Mobile/Digital Wallet Services.

These terms and conditions (“Terms” or “Agreement”) constitute a legal agreement between you and City Bank, N.A. that governs your election to use eligible consumer debit or credit cards issued by City Bank, N.A. linked to accounts domiciled in the U.S. (each, a “Payment Card”) when you add, attempt to add, or keep a Payment Card in a mobile or digital wallet (“Digital Wallet” or “Wallet”) on any mobile device that supports the Digital Wallet (the Bank’s “Digital Wallet Service”). The terms “you” and “your” throughout these Terms refer to primary cardholders and authorized users of credit cards and to joint accountholders and other authorized persons with a debit card liked to bank accounts, and the terms “City Bank”, “Bank,” “we” or “us” refer to City Bank, N.A.

You consent to receive electronic communications and disclosures from us in connection with your Payment Card provisioned to any Digital Wallet. You agree that we can contact you by email at any email address you provide to us in connection with any City Bank account, and such contact may include third-party companies working on our behalf to service your accounts with us. You agree to update your contact information with us when it changes. By accepting these Terms, you agree that these Terms are subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN”). Continued use of a Payment Card provisioned to the Digital Wallet of your choice requires that you agree to receive all notices electronically. If you prefer to receive paper notices, you have the right to withdraw your consent, provided, however, that if you withdraw such consent, we will terminate your use of the Payment Card(s) in any Digital Wallet.

Please review these Terms before you decide whether to accept them and continue with the addition of your Payment Card(s) to the Digital Wallet you have selected. By using a Payment Card in the Digital Wallet you have selected, you agree to only use your Payment Card(s) through your Digital Wallet in accordance with these Terms. If you do not agree to these Terms, then you may not add your Payment Card(s) to, or use your Payment Card(s) in connection with, any Digital Wallet. These Terms supersede any prior terms and conditions you may have agreed to with respect to access to, and the use of, Payment Card(s) through a Digital Wallet. You agree that these Terms govern your access to, and use of Payment Card(s) through the Digital Wallet of your choice on all Eligible Mobile Devices.

By agreeing to these Terms, you represent the following:

  • You are 18 years old or older; and
  • You are capable of entering into a legally binding agreement.
  1. Relationship to Your Digital Wallet Provider. A Digital Wallet is a service offered exclusively by your Digital Wallet provider (e.g., Apple, Google, Samsung) using devices deemed eligible by your Digital Wallet provider (each an “Eligible Mobile Device”). A Digital Wallet is a registered trademark of your Digital Wallet provider. City Bank does not own, operate, or control any Digital Wallet and is not responsible for any service provided to you by your Digital Wallet provider or by any third party engaged by your Digital Wallet provider. City Bank likewise is not responsible for any information or other services provided to you by your Digital Wallet provider or any other third parties associated with any Digital Wallet. City Bank is not liable for any failure or performance of any Digital Wallet or any third party’s products or services.

    Your Digital Wallet provider, your wireless carrier, and other third-party websites or services integrated in any Digital Wallet 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 Payment Card (as that term is defined below) in a Digital Wallet. You acknowledge that your use of a Digital Wallet is subject to the terms and conditions set forth you your Digital Wallet provider.

    City Bank is not responsible for, and does not provide, any support or assistance for any third-party hardware, software, or other products or services (including any Digital Wallet or your Eligible Mobile Device). If you have any questions or issues with a third-party product or service, including issues pertaining to the operation of your Eligible Mobile 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 any Digital Wallet (other than questions or issues specific to the use of a Payment Card provisioned to such Digital Wallet), you should contact your Digital Wallet provider.

  2. Relationships to Other City Bank Agreements. Your enrollment in the Digital Wallet Service does not impact any other agreement City Bank has with you. The terms of use for your Payment Card which were provided to you when your Payment Card was issued, and as amended from time to time, remain in full force and effect regardless of whether or not you use the Digital Wallet Service. Your cardholder agreements with City Bank contain arbitration provisions which also apply to your use of your Payment Card through the Digital Wallet Service. For the avoidance of doubt, any transaction you make with your Payment Card using any Digital Wallet will be considered the same as if you had presented your physical Payment Card in person to conduct the transaction and all applicable fees and interest will apply per the terms of your cardholder agreement with City Bank.

  3. Payment Card Eligibility. City Bank reserves the right to restrict the use of certain Payment Card types within the Digital Wallet Service. For the most current list of Payment Card types that are eligible for the Digital Wallet Service, please visit https://www.city.bank/personal/other-services/debit-cards. In order for City Bank to authorize your use of your City Bank-issued Payment Card with any Digital Wallet, 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 the Digital Wallet Service based upon any limitations imposed by your Digital Wallet provider, your wireless service provider, and/or any third party associated with your Digital Wallet.

  4. Mobile Device Eligibility. The Digital Wallet Service enables you to create virtual representations of your Payment Card(s) on an Eligible Mobile 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 the Digital Wallet. You are required to have an Eligible Mobile Device in order to use this Digital Wallet Service. Your Digital Wallet provider, in its sole discretion, determines which Mobile Devices are eligible to be used with the Digital Wallet. Mobile Devices which have been unlocked in an unauthorized fashion ("jail-broken") or otherwise modified are not eligible to use the Bank’s Digital Wallet Service.

    You acknowledge that use of an ineligible Mobile Device with the Digital Wallet Service is expressly prohibited, constitutes a breach of these terms, and is grounds for City Bank to temporarily suspend, permanently terminate, or otherwise deny further access to your Payment Card in any Digital Wallet. City Bank is not liable to you for the effects (third party or otherwise) of such termination or suspension.

  5. Use of Your Payment Card(s) in Digital Wallets. When you select a Payment Card to use with the Digital Wallet of your choice, certain account information for the Payment Card and certain of your personal information will be transmitted to and stored according to the Digital Wallet and payment card network procedures and systems for the Supported Digital Wallet Device to facilitate your participation in the Digital Wallet. Once the account information for a Payment Card has been stored in accordance with the Digital Wallet procedures, it is represented within the Digital Wallet’s payment function. By selecting a Payment Card and placing your Eligible Mobile Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using that Payment Card for an in-app purchase, you are authorizing the payment for the merchant’s products or services with that Payment Card through the Digital Wallet. 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 provisioned to a Digital Wallet, a Payment Card may work even if you do not have wireless service. Please be advised that when you add a Payment Card to the Digital Wallet of your choice, the Digital Wallet allows you to use the Payment Card to conduct transactions where the Digital Wallet is accepted; however, the Digital Wallet may not be accepted at all places where your physical Payment Card is accepted.

    Your Digital Wallet may also allow you to view recent purchase transactions made by you with your Payment Card. 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). Your Digital Wallet may provide you with the option and ability to turn off this purchase transaction reporting for each Payment Card. For additional card account information and activity, you can log into your City Bank Online Banking Account or call the number on the back of your City Bank Payment Card.

    Purchases or other transactions you make with any of your Payment Cards provisioned to a Digital Wallet are governed by these Terms and your cardholder agreement with us. If a problem arises with the product or service you purchased through use of the Payment Card provisioned to your Digital Wallet, you first should try to resolve the problem directly with the merchant, but you may also have rights under you cardholder agreement with us or otherwise under applicable law.

  6. Fees. City Bank does not currently charge any fees for using the Digital Wallet Service. However, we reserve the right to impose fees for the Digital Wallet Service in the future, but only after written and/or electronic notification to you in accordance with applicable law. You should read you City Bank Deposit Account Agreement and applicable Schedules for any applicable fees, interests, or other charges associated with your City Bank accounts. You understand that your third-party agreements may, however, contemplate fees, limitations, and restrictions which might affect your use of any of your Payment Card(s) within the Digital Wallet (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.

  7. Suspension; Cancellation. City Bank reserves the right, for any reason, to discontinue offering or supporting any Payment Card and/or the Digital Wallet Service. Except as otherwise required by applicable law, City Bank may block, restrict, suspend or terminate your use of any Payment Card provisioned to a Digital Wallet at any time without notice and for any reason, including if you violate these Terms or any of your cardholder or other agreements with us, if we suspect fraudulent activity, or as a result of the cancellation or suspension of your Payment Card account. You agree that City Bank will not be liable to you or any third party for any block, suspension, cancellation, or termination of your use of any Payment Card provisioned to a Digital Wallet.

    City Bank may disqualify a Payment Card provisioned to a Digital Wallet, or discontinue providing any services to any individual suspected of violating these Terms or the third-party agreements related to your Digital Wallet or the Digital Wallet Service in its sole and absolute discretion. City Bank also cautions you that ANY ATTEMPT BY AN INDIVIDUAL OR ENTITY TO DELIBERATELY INTERFERE, INTERRUPT, MODIFY, AUDIT, ASSESS, RE-ENGINEER, OR DAMAGE ANY ASPECT OF A PAYMENT CARD PROVISIONED TO A DIGITAL WALLET OR THE DIGITAL WALLET SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF A PAYMENT CARD, A DIGITAL WALLET OR THE DIGITAL WALLET SERVICE IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND CITY BANK 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 Payment Cards from your Digital Wallet at any time by following the instructions in your Digital Wallet or by calling the number on the back of your Payment Card. We can also block a Payment Card provisioned to a Digital Wallet from being used in transactions if you instruct us to do so by contacting us at 800-687-9925 and we have a reasonable opportunity to act on such instruction.

  8. Electronic Contact. In addition to communications you expressly consent to elsewhere in these Terms, you expressly consent to receive phone calls, text messages, push notifications, and emails related to the Digital Wallet Service from City Bank and any City Bank third-party service provider at any phone number (including any mobile phone number) and email address you have provided to City Bank or any City Bank third-party service provider. Such phone calls and text messages may include auto-dialed phone calls and text messages, prerecorded phones calls and text messages, or both. If you change any phone number you have provided to City Bank or any City Bank third-party service provider, for any reason, you agree to immediately notify Bank to ensure that the above communications are not interrupted or inadvertently delivered to another recipient who may be reassigned your prior phone number. You may change your phone number by following the steps outlined at www.city.bank.

  9. Data Privacy. When you instruct City Bank to provision your Payment Card(s) to the Digital Wallet of your choice, City Bank collects certain information from your Digital Wallet provider to verify your identity, enable you to use the Payment Card(s) in your Digital Wallet, and facilitate your participation in the Digital Wallet Service. You authorize City Bank to collect, use and share your information in accordance with the applicable City Bank privacy policies (including the City Bank annual privacy statement), as they may be amended from time to time. To facilitate your participation, you acknowledge and agree that City Bank may make certain account information relating to each Payment Card you have selected to use with the Digital Wallet Service available for display, including your most recent transaction data, but not your full Payment Card account number. You may have the ability to decline to have the transaction data made available for display and still use the Digital Wallet Service, but you must follow the instructions for doing so in the Digital Wallet you have selected. You agree that City Bank may also collect and use technical data and related information, including, but not limited to, technical information about your Eligible Mobile Device, gathered periodically to facilitate the updates to City Bank’s services. City Bank may use this information, as long as it is in a form that does not personally identify you, to improve City Bank’s products or to provide services or technologies to you.

    You understand and acknowledge that third parties, such as your Digital Wallet provider, Visa, and/or MasterCard will have access to certain details regarding eligible Payment Card transactions made using your Digital Wallet. You understand that information that is provided to or held by your Digital Wallet provider or other third parties in relation to any Digital Wallet is outside the control of City Bank. As stated earlier, City Bank is not responsible for the Digital Wallet or any other services offered by your wireless carrier or any third party. Accordingly, any information you provide to your Digital Wallet provider or another third party through the Digital Wallet Service, or that is collected or accessed by your Digital Wallet provider in the course of your use of the Digital Wallet Service, is subject to third-party agreements, and is not governed by City Bank’s privacy policies or this Agreement.

  10. Changes to Digital Wallet Service Terms. City Bank reserves the right to revise these Digital Wallet 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 Payment Card you provision to the Digital Wallet of your choice and/or the Digital Wallet Service. 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 Payment Card(s) provisioned to the Digital Wallet of your choice and to cease using the Digital Wallet Service.

  11. Disclaimer of Warranties. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY PAYMENT CARD(S) PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE AND THE DIGITAL WALLET SERVICE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY PAYMENT 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 CITY BANK, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY PAYMENT 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. CITY BANK, ON BEHALF OF ITSELF AND CITY BANK’S SUPPLIERS, ALSO DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF ANY PAYMENT CARD PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE OR THE DIGITAL WALLET SERVICE, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE DIGITAL WALLET SERVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF ANY PAYMENT CARD(S) PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE OR THE DIGITAL WALLET SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN ANY PAYMENT CARD PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE OR THE DIGITAL WALLET SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CITY BANK, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.

    ACCESS, USE AND MAINTENANCE OF ANY PAYMENT CARD(S) PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE DEPEND ON THE DIGITAL WALLET AND THE NETWORKS OF WIRELESS CARRIERS. CITY BANK DOES NOT OPERATE THE DIGITAL WALLET OR SUCH NETWORKS AND HAS NO CONTROL OVER THEIR OPERATIONS. CITY BANK WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY PAYMENT CAR PROVISIONED TO A DIGITAL WALLET, SUCH AS UNAVAILABILITY OF THE DIGITAL WALLET OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION. CITY BANK DISCLAIMS ANY RESPONSIBILITY FOR THE DIGITAL WALLET OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN A PAYMENT CARD PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE OR ACCESS THE DIGITAL WALLET SERVICE.

    USE OF A PAYMENT CARD PROVISIONED TO THE DIGITAL WALLET OF YOUR CHOICE INVOLVES THE ELECTRONIC TRANSMISSION OF PERSONAL INFORMATION THROUGH THIRD-PARTY CONNECTIONS. BECAUSE CITY BANK DOES NOT OPERATE OR CONTROL THESE CONNECTIONS, CITY BANK CANNOT GUARANTEE THE PRIVACY OR SECURITY OF THESE DATA TRANSMISSIONS. ADDITIONALLY, YOUR SUPPORTED ELIGIBLE MOBILE DEVICE’S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. YOU SHOULD CHECK WITH YOUR DIGITAL WALLET PROVIDER AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM CITY BANK OVER THE INTERNET FROM YOUR SUPPORTED ELIGIBLE MOBILE DEVICE, CITY BANK RESERVES THE RIGHT TO LIMIT SUCH CONNECTIONS TO "SECURE SESSIONS" THAT HAVE BEEN ESTABLISHED USING TRANSPORTATION LAYER SECURITY OR OTHER SECURITY STANDARDS CITY BANK SELECTS.

    CITY BANK MAKES NO GUARANTEES ABOUT THE INFORMATION SHOWN IN THE DIGITAL WALLET SERVICE SOFTWARE OR HARDWARE IT CONTAINS AND MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME. This “Disclaimer of Warranties” section shall survive any termination of this Agreement for any reason.

  12. License for Any Payment Card Provisioned To A Digital Wallet. ANY CITY BANK PAYMENT CARD AND THE DIGITAL WALLET SERVICE ARE LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF USE. CITY BANK RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

    You are granted a non-exclusive, non-sub licensable, non-transferable, personal, limited license to install and use the Payment Card and the Digital Wallet Service on the Eligible Mobile Device for use in the Digital Wallet of your choice solely in accordance with these Digital Wallet Service terms. The license is limited to use on any Eligible Mobile Device that you own or control and as permitted by any applicable third-party agreements. Such license does not allow you to use the Payment Card(s) on any device that you do not own or control (or for which you do not have authorization to install or run the Digital Wallet Service or the Payment Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any Payment Card or the Digital Wallet Service available over a network where it could be used by multiple devices at the same time.

    Certain software that City Bank uses to provide the Payment Card(s) has been licensed from third parties (each a “Third-Party Licensor” that are not affiliated with City Bank. This limited right to use such software is revocable at the discretion of City Bank. City Bank and its Third-Party Licensors retain all right, title and interest in and to the software used by Bank to provide the Mobile Card(s), Digital Wallet Service, and any modifications and updates thereto. You agree that you will not use any third-party materials associated with the Payment Card(s) or the Digital Wallet Service in a manner that would infringe or violate the rights of any party, and that City Bank is 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 Payment Card(s) or the Digital Wallet Service. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Payment Card or the Digital Wallet 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 Payment Card or the Digital Wallet Service). Any attempt to do so is a violation of the rights of City Bank 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 City Bank that replace or supplement any Payment Card, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

    You agree that a Payment Card may be automatically updated or upgraded without notice to me. At any time, at City Bank’s sole discretion and without prior notice, City Bank may expand, reduce, or suspend the type and/or dollar amounts of transactions allowed using a Payment Card or change the enrollment process.

    The license granted hereunder is effective until terminated by you or City Bank under this Agreement or any other applicable agreement between you and City Bank. Your rights will terminate automatically without notice from City Bank if you fail to comply with these terms or if City Bank terminates the use of your Payment Card or the Digital Wallet Service. Upon termination of the license, you must cease all use of the Digital Wallet Service and Payment Card provisioned to the Digital Wallet of your choice, and delete all Payment Card(s) from the Digital Wallet Service.

  13. Indemnification. In addition to the indemnification provisions contained elsewhere in this Agreement, you shall indemnify and City Bank, its licensors (including any Third-Party 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 Payment Card and the Digital Wallet 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 Digital Wallet Service using your Payment Card or credentials. You must use your best efforts to cooperate with City Bank in the prosecution or defense of any such claim. City Bank has the right to employ counsel of City Bank’s 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.

  14. Your Responsibilities.

    1. Payment Card Enrollment in Your Digital Wallet

      If you want to add a Payment Card to the Digital Wallet of your choice, you agree to follow the procedures adopted by your Digital Wallet provider and any further procedures City Bank adopts. City Bank may not add a Payment Card to your Digital Wallet if City Bank cannot authenticate the Payment Card or if City Bank otherwise suspects that there may be fraud associated with the Payment Card. The Digital Wallet allows you to make purchases using an added Payment Card wherever the Digital Wallet is accepted. The Digital Wallet may not be accepted at all places where your Payment Card is accepted.

    2. Report Lost or Stolen Devices or Payment Cards

      If you enroll in the Digital Wallet Service and your Eligible Mobile Device is lost or stolen, or you have reason to believe that your Eligible Mobile Device has been compromised, including that of your fingerprint reader, PIN, or other security method, you agree to contact City Bank immediately so that City Bank can take action to disable your Payment Card for use within the Digital Wallet Service. Note, however, that you are also responsible for notifying your Digital Wallet provider if your Eligible Mobile Device is lost or stolen. City Bank is not responsible for and is unable to disable your Eligible Mobile Device or Digital Wallet; City Bank can only disable your Payment Card.

      Given that your Eligible Mobile Device can be used like a Payment Card to make purchases, you must notify City Bank in the event your Eligible Mobile Device is lost or stolen with the same urgency as if your actual Payment Card is lost or stolen. If you fail to notify City Bank, you may be liable for all or a portion of the losses associated with unauthorized use of your Payment Card whether or not that use was through the Digital Wallet Service. If you get a new Eligible Mobile Device, you must delete all your Payment Card(s) and other personal information from your prior Eligible Mobile Device.

      You must cooperate with City Bank in any investigation and use any fraud prevention or other related measures City Bank prescribes.

    3. Security

      In addition to the security procedures described elsewhere in this Agreement, you are solely responsible for maintaining the confidentiality of your Digital Wallet provider User ID, your Digital Wallet provider passwords, your mobile device passwords, and any other means that you may use to securely access the Digital Wallet Service on your Eligible Mobile Device. If you share these credentials with anyone, that person may be able to use your Digital Wallet to make purchases or obtain access to your personal and payment information available through the Digital Wallet Service. You agree to safeguard your Eligible Mobile Device at all times and not leave it unattended.

      Your Digital Wallet and your Eligible Mobile Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Payment Card(s). These features and procedures are the sole responsibility of your Digital Wallet provider. You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Payment Cards provisioned to the Digital Wallet of your choice.

    4. 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 Digital Wallet Service. You represent and agree that all information you provide to City Bank in connection with the Digital Wallet Service is accurate, current, and complete and that you have the right to provide such information to City Bank for the purpose of using the Digital Wallet 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 Eligible Mobile Device you will use to access the Digital Wallet Service.

  15. Termination. Bank reserves the right to terminate this Agreement immediately upon providing written notice to you of such termination. We may also, in our sole discretion, terminate your Digital Wallet Service effective immediately if: (i) there is an occurrence of a material change in your account activity or other risk analysis criteria as determined by us in our sole and absolute discretion; (ii) we at any time determine that you do not meet our risk or other qualification requirements; (iii) we discover any willful misconduct (including but not limited to types of fraudulent activity) on your part or any other party with respect to the Digital Wallet Service; (iv) you are in default of any terms of this Agreement where such default gives us the right to terminate, immediately or otherwise, or close your account; (v) you have not used the Digital Wallet Service for a period of time deemed to constitute an inactive service by us (in our sole discretion); or (vi) you are in default of any terms of the Agreement or any other agreement with us. In any of these events, you agree that our sole obligation shall be to provide notice of our termination of the Digital Wallet Service to you, and that such notification will be reasonable if it is mailed to your statement mailing address immediately upon termination.

    Either you or Bank may terminate the Digital Wallet Service, with or without cause, upon thirty (30) calendar days’ written notice to the other of its intent to do so, sent to you at your statement address and sent to us at the address provided herein. In the event of termination of the Digital Wallet Service, your rights and responsibilities as well as ours, shall continue through any applicable settlement period, including your responsibility to pay us for the Digital Wallet Service and with respect to transactions processed prior to the effective date of termination. If the Digital Wallet Service is terminated by us, we may accelerate all amounts due and to become due, and you agree to promptly make full payment to us of all amounts due and amounts incurred by you through your use of the Digital Wallet Service.

    Any termination of this supplemental Agreement shall not affect any of the Bank’s rights and your obligations with respect to transactions initiated by you prior to such termination, or your payment obligations for services performed by Bank prior to termination, or any other obligations that survive termination of this Agreement.

  16. Entire Agreement. This Agreement (including the Documentation) together with the Deposit Agreement and any other applicable agreement between you and Bank is the complete and exclusive statement of the agreement between Bank and you with respect to the subject matter hereof and supersedes any prior agreement(s) between Bank and you with respect to such subject matter.

    In the event of a conflict or inconsistency between the terms of the Deposit Agreement, or any other agreement between you and Bank and the terms of this Agreement, with respect solely to the Digital Wallet Service, the terms of this Agreement shall control, but only to the extent of such conflict or inconsistency. In the event performance of the services provided herein in accordance with the terms of this Agreement would result in a violation of any present or future statute, regulation, or government policy to which Bank is subject, and which governs or affects the transactions contemplated by this Agreement, then this Agreement shall be deemed amended to the extent necessary to comply with such statute, regulation, or policy, and Bank shall incur no liability to you as a result of such violation or amendment. No course of dealing between Bank and you will constitute a modification of this Agreement or constitute an agreement between the Bank and you regardless of whatever practices and procedures Bank and you may use.

  17. Non-Assignment. You may not assign this Agreement or any of the rights or duties hereunder to any person.

  18. Waiver. Bank may waive enforcement of any provision of this Agreement. Any such waiver shall not affect Bank’s rights with respect to any other transaction or modify the terms of this Agreement.

  19. Binding Agreement; Benefit. This Agreement shall be binding upon and solely for the benefit of the parties hereto and their respective legal representatives, successors, and assignees. This Agreement is not for the benefit of any other person, and no other person shall have any right against Bank or you hereunder.

  20. Headings. Headings are used for reference purposes only and shall not be deemed a part of this Agreement.

  21. Severability. In the event that any provision of this Agreement shall be determined to be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.

  22. Governing Law/ Venue/ Jurisdiction. This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. This Agreement is performable in Lubbock County, Texas, and venue shall be proper in such County for all purposes. You consent to jurisdiction with regard to any claim or proceeding related to this Agreement in any state or federal court in the State of Texas.