Last Modified: May 2016
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.
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 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 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 purchase transactions made through your Device with that Eligible Card within the past 12 months. 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.
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.
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.
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.
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.
What Amex Collects
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 https://www.americanexpress.com/privacy.
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, but not your full Eligible Card account number. You should know that merchants also provide to Google certain transaction data relating to in-app purchases to Google made using and eligible Card with Anroid Pay. You should also know that Google does not provide you with the option or ability to turn off transaction history. If you do not want (i) Amex to share your transaction data with Google; (ii) merchants to share with Google your transaction data relating to in-app purchases made using an eligible Card with Android Pay; and/or (iii) your transaction history displayed in Android Pay, you must delete your Card from Android Pay. 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.
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
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.
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.
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.
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.
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 the 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.
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.
As provided in the Card Member Agreement, the Basic Card Member is responsible for all uses of the Card account by Additional Card Members. 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.