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AMERICAN EXPRESS TERMS OF USE FOR ANDROID PAY

Last Modified: September 2017


Thank you for using an American Express® Card and wanting to use your Card  in the Android Pay application (“Android Pay”) offered by Google.  The following terms and conditions (these “Terms of Use”) govern the use of the following “Eligible Cards”:  (i) any American Express U.S. Consumer or Small Business credit or charge Card that is not cancelled and that is issued to you by an American Express U.S. bank, (ii) the following American Express Corporate Cards issued by American Express Travel Related Services Company, Inc. to you as an employee of a commercial Card customer working in the United States – American Express® Corporate Green Card, American Express® Corporate Gold Card, Corporate Platinum Card® from American Express, Corporate Centurion® Card from American Express, American Express®/ Business Extra® Corporate Card, and American Express® Corporate Defined Expense Program Card; and (iii) co-branded or Amex branded, non-reloadable, American Express Gift Cards, American Express Business Gift Cards, American Express Reward Cards, American Express Secure Pay Cards (collectively “Gift Cards”). Each of the aforementioned Cards shall be an Eligible Card in Android Pay, as Android Pay is or may become  available on any Android device  (including phones, tablets, watches, and other personal mobile devices) running KitKat version 4.4 or later versions of the Android operating system and on any Android Wear watches paired with an Android device running KitKat version 4.4 or later versions of the Android operating system or an Apple iPhone 5S or later running iOS 9 or later versions of the iOS operating system (collectively,“Devices”).  In some instances, purchases made with Android Pay with an American Express Card that is not an Eligible Card or with a physical Google Wallet card or virtual MasterCard card funded with any of your American Express Cards may not receive the benefits, loyalty points, rewards or offers you may otherwise have received had you used such American Express Card directly with the merchant, such as Purchase Protection.  Also, your use in Android Pay of an American Express-branded card or account number issued by other financial institutions is governed by a separate agreement with those financial institutions.


For the sake of clarity, these Terms of Use do not apply to the use in Android Pay of any American Express Card that is not an Eligible Card or to the use of an Eligible Card as a payment method in Google Payments or other Google Properties, such as the Google Play Store, Google Store, Google Wallet, Picasa, Google Drive, YouTube, Google Shopping Express, Google checkout or “Buy with Google” on Web or Mobile.


These Terms of Use are a legal agreement between you and American Express Travel Related Services Company, Inc. (“we”, “us” or “Amex”). They apply to you and anyone else you authorize to use your Eligible Card(s) in Android Pay.


PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ADDING YOUR ELIGIBLE CARD TO ANDROID PAY, BECAUSE BY DOING SO, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE.


IF YOU DO NOT WANT TO AGREE TO THESE TERMS OF USE, YOU MUST NOT ADD YOUR AMERICAN EXPRESS CARD TO ANDROID PAY.


  • You are solely responsible for maintaining the confidentiality of your Device screen lock, Google User ID, Google passwords and any other means that you may from time to time have to access the application or your Eligible Card credentials.  If you share these credentials with any other person, that person may be able to use your Eligible Card(s) and get access to your personal and payment information available with Android Pay or other Google Properties.
  • Call us immediately at the Amex telephone number printed on the back of your Eligible Card if you believe your Device or authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your credentials without authorization.
  • These Terms of Use govern your access to and use of your Eligible Card in Android Pay only as between Amex and you. Google, your wireless carrier, and other third party services, applications or websites incorporated in Android Pay may have their own terms and conditions and privacy policies (“Third Party Agreements”) and you are also subject to those Third Party Agreements when you give them your personal information, use their services or visit their respective websites.

While Amex does not currently charge any fee in connection with the use of your Eligible Card in Android Pay, you will be responsible for all fees that may be imposed by non-Amex parties in connection with your use (such as data usage or text messaging charges imposed on you by your wireless carrier) and be subject to any restrictions those third parties may impose.

 

Also, in addition to these Terms of Use, your use of Android Pay to purchase goods and services using your Eligible Card is still governed by the applicable Card Member Agreement or Gift Cardholder Agreement.  You can call the Amex number on the back of your Card to request a copy of the applicable Card Member Agreement or for American Express U.S. Consumer or Small Business credit or charge Cards go to www.americanexpress.com/us/content/cardmember-agreements/all-us.html. You may obtain a copy of your Cardholder Agreement for Gift Cards by calling the number on the back of your Gift Card.

CONTENTS


  1. 1. ARBITRATION
  2. 2. USE OF YOUR ELIGIBLE CARD(S) IN ANDROID PAY
  3. 3. ELIGIBILITY
  4. 4. THIRD PARTY AGREEMENTS AND SUPPORT
  5. 5. CHARGES
  6. 6. PRIVACY AND SECURITY
  7. 7. SUSPENSION; CANCELLATION
  8. 8. DISCLAIMER OF WARRANTIES
  9. 9. LIMITATION OF LIABILITY
  10. 10. LICENSE
  11. 11. GOVERNING LAW
  12. 12. MISCELLANEOUS
  13. 13. CHANGES TO THESE TERMS OF USE
  14. 14. COMMUNICATION
  15. 15. INDEMNIFICATION



1. ARBITRATION


Each Card Member Agreement contains a Claims Resolution provision, with a provision regarding binding arbitration that affects your rights with respect to any use of your Eligible Card in Android Pay.  That arbitration provision applies as well to any disputes between you and us arising from these Terms of Use or the access to or use of any of your Eligible Cards with Android Pay.  By adding or using any Eligible Card to or in Android Pay, you agree to be subject to and comply with the terms of these Terms of Use and the Card Member Agreement for your Eligible Card(s).


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2. USE OF YOUR ELIGIBLE CARD(S) IN ANDROID PAY


Android Pay enables you to create virtual representations of your Eligible Cards on your Device that will permit you to use your Device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments in the United States, its commonwealths, possessions and territories in lieu of you presenting your physical Eligible Card and (ii) in-app or on websites at merchants participating in Android Pay. Additionally, when you add an Eligible Card to Android Pay, Google will add that same Card on file to be an eligible payment method in Google Payments and for all Google Properties including, without limitation, Google Play Store, Google Store, Picasa, Google Drive, YouTube, Google Shopping Express, Google checkout or “Buy with Google” on Web or Mobile and such other properties Google may offer from time to time.


When you select an Eligible Card to use with Android Pay, to facilitate your participation in Android Pay certain account information related to the Eligible Card will be transmitted to and stored within your Device or on Google’s cloud platform.  Once the account information for an Eligible Card has been stored on your Device, it is represented by a virtual representation of your Eligible Card within Android Pay.  By adding this Eligible Card to Android Pay or selecting this Eligible Card as the default card in Android Pay, unlocking and/or placing your Device near a merchant's contactless-enabled point-of-sale terminal or reader or using this Eligible Card for an in-app or website purchase, you are authorizing the payment for the merchant's products or services with that Eligible Card with Android Pay.  You may be able to use your Eligible Card with Android Pay even if you do not have wireless 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 at the point-of-sale to authenticate your identity.


For each Eligible Card added to Android Pay, you may also view your recent purchase transactions made through your Device with that Eligible Card within the past 12 months, whether or not made using a Device, but not the transactions made by any Additional Card Member on your Card account.  The information may include the date, purchase amount and merchant name associated with that past transaction(s).  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).  Google provides you with the option and ability to turn transaction notifications on and off within the Android Pay settings or your general Device settings. For additional  Card account information, please log into your account on the Amex® Mobile app, americanexpress.com , or call the number on the back of your Eligible Card.


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3. ELIGIBILITY


Purchases you make with any of your Eligible Cards with Android Pay are governed by the Card Member Agreement for the relevant Eligible Card. If a problem arises with the product or service you purchased, 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.  If you have any issues or questions related to the way you may add, delete or select an Eligible Card as a default card or use your Eligible Card in Android Pay, please call the number on the back of your Eligible Card.  If you have any issues or questions related to Android Pay but not related to your Eligible Cards, please refer to the general information and help documentation made available by Google.


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


Y ou may add or use any Eligible Cards to or in Android Pay.  Google or Amex may also require that you verify your identity or your Eligible Card before being able to add or use your Eligible Card in Android Pay. We may permit Eligible Cards of up to two Card Members to be added to one Device.  You may have up to two (2) Google IDs associated with one Eligible Card.  We may also permit you to add the same Eligible Card to as many as five (5) Devices at a time, provided you agree to these Terms of Use each time you add an Eligible Card to a Device.  Also note that if you share your Device, Device lock (i.e., pattern, password, PIN or fingerprint) or other credentials with another person, they may be able to use your Eligible Card and get access to your personal and payment information available with Android Pay.


The use of any American Express-branded card or account number issued by other financial institutions in Android Pay is not governed by these Terms of Use but by a separate agreement with those financial institutions, if and as applicable.


Please refer to the information or documentation made available by Google to learn about any additional limitations or restrictions imposed on Android Pay and for minimum software and hardware requirements.


For American Express Corporate Cards, mobile capabilities should be used in accordance with your company policy.


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4. THIRD PARTY AGREEMENTS AND SUPPORT


These Terms of Use only address the terms and conditions that apply to your use of your Eligible Card(s) with Android Pay.  Google, your wireless carrier, and other third party websites, applications or services incorporated in Android Pay 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 or applications.  Amex is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of Google’s or any third party’s products or services.  For the sake of clarity, these Terms of Use do not apply to the use in Android Pay of any American Express Card that is not an Eligible Card or to the use of an Eligible Card as a payment method in Google Payments and other Google Properties, including, without limitation, the Google Play Store, Google Store, Picasa, Google Drive, YouTube, Google Shopping Express, Google checkout or “Buy with Google” on Web or Mobile, and such other properties Google may offer from time to time.  Purchases made with an American Express Card that is not an Eligible Card with Android Pay may not receive the benefits, loyalty points or offers you may otherwise have received had you used such American Express Card directly with the merchant, such as Purchase Protection.


It is your responsibility to read and understand the Third Party Agreements before adding or using an Eligible Card in Android 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 technology-related question you may have in connection with Android Pay or your Device). If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your 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 Android Pay (other than questions or issues specific to the use of your Eligible Card in Android Pay), please contact Google or refer to the information or documentation they may make available from time to time.


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5. CHARGES


We do not currently charge a fee for using your Eligible Card in Android Pay.  However, you understand that Third Party Agreements may contemplate fees, limitations and restrictions which might affect your use of your Eligible Card(s) (such as data usage or text messaging charges imposed on you by your wireless carrier). You agree to be solely responsible for all such fees and agree to comply with such limitations and restrictions.


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6. PRIVACY AND SECURITY


Privacy


What Amex Collects and Shares


When adding your Eligible Card to Android Pay, we collect certain information from Google to verify your identity, to enable you to use your Eligible Card and facilitate your participation in Android Pay.  You authorize Amex to collect, use and share your information in accordance with the applicable Amex Consumer Privacy Notice and U.S. Online Privacy Statement, as they may be amended from time to time, and which are available at www.americanexpress.com/privacycenter.


To facilitate your participation, also note that we will make certain account information relating to each Eligible Card you have selected to use with Android Pay available for display, including your most recent transaction data, including for transactions not made using a Device, but not your full Eligible Card account number.  You should know that merchants  also provide to Google certain transaction data relating to purchases made using an Eligible Card with Android Pay ("Device Transactions").  You should also know that Google does not provide you with the option or ability to turn off transaction history for Device Transactions. If you do not want (i) Amex to share with Google your transaction data for Device Transactions; (ii) merchants to share with Google your transaction data relating to Device Transactions; and/or (iii)  your transaction history for Device Transactions displayed in Android Pay, you must delete your Card from Android Pay.  If you do not want Amex to share your transaction data for transactions other than Device Transactions, you may opt out by going to the Settings menu for your Eligible Card and turning off "Non-Android Pay Transactions."  You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your 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.


Push Notifications


You may receive push notifications from Android Pay from time to time reflecting your Card account activity, including push notifications about your transactions displaying the name of the merchant at which you made the transaction and the transaction amount.  If you do not wish to receive notifications, you may turn off these notifications within the Android Pay app or your Device Notifications settings. You can also manage the content of these notifications within your Device Settings to display or hide these details.


What Others Collect


Amex is not responsible for Android Pay or any other services offered by your wireless carrier or any third party.  Accordingly, any information you provide to Google in connection with Android Pay, or that is collected or accessed by Google in the course of your use of Android Pay, with your Eligible Card or otherwise, is subject to Third Party Agreements, and is not governed by our Privacy Statement or these Terms of Use.


Devices with same Google Account


If you add an Eligible Card to one of your Devices and have other Devices sharing the same Google account (“Other Devices”), Google may collect and use information related to your Eligible Card, permit that Eligible Card to be added to Other Devices and display on those Other Devices the last 4 digits of the associated Eligible Card and potentially other information.


In addition, if you delete an Eligible Card from Android Pay on any of your Devices, Google will continue to permit that Card to be used on other Devices on which you may have provisioned the same Card and in other Google Properties.To completely remove an Eligible Card from Android Pay, you must remove that Card from each Device on which it has been provisioned. 


In each of these instances, your Eligible Card will not be added to any of your Other Devices unless you verify that Eligible Card with us on that device.


Lost, Stolen or Unauthorized Use of your Device


Call us immediately at the Amex telephone number printed on the back of your Eligible Card if you believe your Device or your Device Lock or other credentials have been lost or stolen or someone has used or may use your Device or your credentials without your authorization.  Also change your credentials immediately to avoid any unauthorized use of a Mobile Card or of your personal information.  If you get a new Device, please be sure to delete all your card and other personal information from your prior Device.


You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.


Android Pay and your Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Eligible Card(s).  These features and procedures are the sole responsibility of Google.  You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Eligible Cards.


Protecting your Device Lock, Google Passcodes and other Credentials


You are solely responsible for maintaining the confidentiality of your Device lock, American Express user ID, Google User ID, Google passcodes and other means you may from time to time have to access any of your Eligible Cards.  You should keep your Device and these credentials secure in the same manner as you would keep your cash, checks, credit cards, and other personal identification numbers and passwords secure.  Subject to the Card Member Agreement governing the use of the Eligible Card you add to Android Pay, you are responsible for all transactions made using your Eligible Card.  If you share these credentials with any other person, they may be able to use your Eligible Card(s) and get access to your personal and payment information available with Android Pay or other Google Properties.  Call us immediately at the Amex telephone number printed on the back of your Eligible Card if you believe your Device, Device lock or other authentication credentials have been lost, stolen or compromised in any way or an unauthorized person has used or may use your Device or credentials without authorization.


While we may permit Eligible Cards of up to two Card Members to be added to one Device, we caution you against sharing your credentials with any other person and you should immediately notify us if someone has access to your Device or credentials that you have not authorized.


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7. SUSPENSION; CANCELLATION


We reserve the right for any reason to discontinue supporting the use of any Eligible Card or other American Express Card with Android Pay or other Google Properties.  Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of your Eligible Card in Android Pay at any time without notice and for any reason, including if you violate these Terms of Use or any of your Card Member Agreements, if we suspect fraudulent activity or as a result of the cancellation or suspension of your Eligible 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 Eligible Card.  


Amex may disqualify an Eligible Card or discontinue providing any services to any individual suspected of violating these Terms of Use or the Third Party Agreements related to Android Pay or other Google Properties 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 AN ELIGIBLE CARD OR ANDROID PAY OR UNDERMINE THE LEGITIMATE OPERATION OF AN ELIGIBLE CARD OR ANDROID PAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND AMEX 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 APPLICABLE LAW.


You may remove one or more of your Eligible Cards from Android Pay at any time by tapping  “Remove Card” within the Android Pay app, or through your Google settings, by tapping or clicking “Erase Device” in Android Device Manager, by deleting your Card from your Google Account in Google Payments or by calling the number on the back of your Eligible Card.


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8. DISCLAIMER OF WARRANTIES


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF ANY ELIGIBLE CARD IN ANDROID PAY IS AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY ELIGIBLE CARD MADE AVAILABLE TO YOU WITH ANDROID PAY 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 AMEX, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO ANY SUCH CARD OR USE, 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 ELIGIBLE CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, AN ELIGIBLE CARD WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF AN ELIGIBLE CARD WITH ANDROID PAY WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMEX, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.


ACCESS, USE AND MAINTENANCE OF AN ELIGIBLE CARD WITHIN ANDROID PAY DEPEND ON GOOGLE,  THE NETWORKS OF WIRELESS CARRIERS AND OTHER THIRD PARTY SERVICES, APPLICATIONS OR WEBSITES.  AMEX DOES NOT OPERATE ANDROID PAY 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 CARD WITH ANDROID PAY, SUCH AS UNAVAILABILITY OF ANDROID PAY OR YOUR WIRELESS SERVICE, COMMUNICATIONS, NETWORK DELAYS, LIMITATIONS ON WIRELESS COVERAGE, SYSTEM OUTAGES, OR INTERRUPTION OF A WIRELESS CONNECTION.  AMEX DISCLAIMS ANY RESPONSIBILITY FOR ANDROID PAY OR ANY WIRELESS SERVICE USED TO ACCESS, USE OR MAINTAIN AN ELIGIBLE CARD WITHIN ANDROID PAY.


USE OF AN ELIGIBLE CARD WITH ANDROID PAY 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 DEVICE'S BROWSER IS GENERALLY PRE-CONFIGURED BY YOUR WIRELESS CARRIER. CHECK WITH GOOGLE AND YOUR WIRELESS CARRIER FOR INFORMATION ABOUT THEIR PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM AMEX OVER THE INTERNET FROM YOUR 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 ANDROID PAYMENT SERVICES. WE ALSO ARE NOT RESPONSIBLE FOR YOUR DEVICE OR THE SOFTWARE OR HARDWARE IT CONTAINS AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME. 


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


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9. LIMITATION OF LIABILITY


EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL AMEX, ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF OR DAMAGE TO DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL OR FINANCIAL DAMAGES, LOST REVENUES, OR OTHER LOSSES OF ANY KIND, ARISING OUT OF THESE TERMS OF USE OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY CARD WITH ANDROID PAY, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  


NOTHING IN THESE TERMS OF USE SHALL OPERATE SO AS TO EXCLUDE OR LIMIT OUR OR OUR SUPPLIERS' LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. Federal law and the laws of certain States or other jurisdictions may not allow the exclusion or limitation of certain damages. If these laws apply, some or all of the above exclusions or limitations may not apply to you, and you may have rights in addition to those contained in these Terms of Use.


This Section 9 shall survive any termination of these Terms of Use.


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10. LICENSE


A VIRTUAL REPRESENTATION OF YOUR ELIGIBLE CARD(S) IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF USE.  AMEX RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.


You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use tokens and other credentials associated with your Eligible Card to make payments with your Device solely in accordance with these Terms of Use.  The license is limited to use on any Device that you own or control and as permitted by any applicable Third Party Agreements.  Such license does not allow you to use the Eligible Card(s) on any device that you do not own or control (or for which you do not have authorization to install or run Android Pay or add the Eligible Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any Eligible Card available over a network where it could be used by multiple devices at the same time. 


Certain software that Amex uses to allow you to use your Eligible Card with Android Pay has been licensed from third parties (each a "Third Party Licensor") that are not affiliated with Amex.  This limited right to use such software is revocable at the discretion of Amex.  Amex and its Third Party Licensors retain all right, title and interest in and to the software used by Amex to provide the ability for you to use your Eligible Card credentials in Android Pay and any modifications and updates thereto.  You agree that you will not use any third-party materials associated with the Eligible Card(s) or Android Pay 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 any right to use your Eligible Card credentials with Android Pay or the Android Pay services.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Amex Card or Android Pay, 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 the ability to use an Eligible Card with Android Pay).  Any attempt to do so is a violation of the rights of Amex 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 Amex that replace or supplement the services currently provided hereunder, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.


You agree that the virtual representation of your Eligible Card in Android Pay or its credentials 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 an Eligible Card in Android Pay  or change the enrollment process. 


The license granted hereunder is effective until terminated by you or Amex.  Your rights will terminate automatically without notice from Amex if you fail to comply with these Terms of Use or if we terminate your use of your Eligible Card in any way.  Upon termination of the license, you must cease all use of the Eligible Card with Android Pay and delete the Eligible Card(s) from Android Pay.


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11. GOVERNING LAW


These Terms of Use, your use of any Eligible Card with Android Pay, and any claim, dispute or controversy arising from or relating to these Terms of Use or your use of any Eligible Card in Android Pay are governed by and construed in accordance with the laws of the State of New York (without regard to its conflict of laws rules) and applicable federal law. The legality, enforceability, and interpretation of these Terms of Use and the amounts contracted for, charged, and received under these Terms of Use, if any, will be governed by such laws.  These Terms of Use are entered into between you and us in New York.  Subject to the arbitration provision in the applicable Card Member Agreement, you expressly agree that exclusive jurisdiction for any claim or dispute with us or relating in any way to these Terms of Use or your use of any Eligible Card in Android Pay resides in the courts of New York, New York and you further agree and expressly consent to the exercise of personal jurisdiction in such courts of New York in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, agents and content providers.


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12. MISCELLANEOUS


Your access to and use of an Eligible Card in Android Pay is subject to all applicable, federal, state and local laws and regulations.  We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use.  These Terms of Use (including all agreements and policies referenced in these Terms of Use, which are not modified or superseded by these Terms of Use) set forth the entire understanding and agreement between you and us, whether written or oral, with respect to the subject matter hereof and supersede any prior or contemporaneous understandings or agreements with respect to such subject matter.  If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms of Use shall continue in effect.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The Section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  We may assign these Terms of Use, in whole or in part, at any time with or without notice to you.  You may not assign these Terms of Use, or any part of it, to any other party.  Any attempt by you to do so is void.  These Terms of Use shall inure to the benefit of and be binding upon the parties hereto and their successors and assigns.  There are no third-party beneficiaries to these Terms of Use, except that Amex affiliates are third-party beneficiaries of these Terms of Use with the right to enforce them.  If a dispute relates or arises from the subject matter of these Terms of Use and relates to any use of an Eligible Card in Android Pay, such dispute will be governed by the arbitration provision in the Card Member Agreement applicable to the Eligible Card you most recently added to Android Pay.  The terms of this Section 12 will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.


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13. CHANGES TO THESE TERMS OF USE


We reserve the right to revise these Terms of Use at any time and you are deemed to be aware of and bound by any changes to these Terms of Use by your continued access to or use of any Eligible Card in Android Pay.  We will indicate that changes to these Terms of Use have been made by updating the date indicated after "Last Modified:" at the beginning of these Terms of Use.  You will also be able to view the revised Terms of Use on your Device by accessing the Terms and Conditions tab in the Android Pay app or www.americanexpress.com/androidpay. If you do not accept any revisions made to these Terms of Use, your sole and exclusive remedy is to cancel your use of and delete all Eligible Card(s) provisioned in Android Pay. Additionally, please refer to Google’s website for additional information around the product and their terms:www.android.com/pay.


14. COMMUNICATION


As a condition to activating and using your Eligible Card(s) in Android Pay, you consent to receive certain messages on your Device (i.e., SMS, MMS) from us.  You also agree to receive notices and other communications from us by e-mail to the e-mail address on file for the relevant Eligible Card account, posting within your online account, or through the messaging capabilities of Android Pay, although e-mail will be our primary method of communication to you.


To update the contact information we have on file for you, please go to the Amex® Mobile app, americanexpress.com, or call the number on the back of your Eligible Card.


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15. INDEMNIFICATION


You shall indemnify and hold Amex, 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 Eligible Card in Android Pay or (ii) any breach of the terms and conditions set forth in these Terms of Use by you, your Additional Card Members or other users of Android Pay using your Eligible Card credentials.  You must use your best efforts to cooperate with us in the prosecution or defense of any such claim.  We have the right to employ counsel of our choice to defend and control 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.


With respect to charge or credit Cards that are Eligible Cards,  the Basic Card Member is responsible for all uses of the Card account by Additional Card Members, as provided in the applicable Card Member Agreement.  The Basic Card Member will also be responsible for all uses made by third parties the Basic Card Member gives access to, including if these third parties misuse any Eligible Card credentials in Android Pay.  For information relating to responsibility for usage of a Gift Card please review the Card Member Agreement associated with the Gift Card.