Last Modified: February 2016
While American Express does not currently charge any fee for connecting your Eligible Card to your UP4 or using your Amex Payments for UP4, you will be responsible for all fees that may be imposed by non-American Express parties in connection with your use of your Amex Payments for UP4 and be subject to any restrictions those third parties may impose.
The UP4 enables you to connect an Eligible Card to permit you to use your UP4 to make contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept American Express contactless payments in the US. You agree to use the Amex Payments for UP4 only with a properly equipped UP4 and to comply with all Jawbone terms and conditions applicable to your UP4. The embedded payment chip representing your Amex Payments for UP4 is located on the bottom strap of your UP4, near the clasp. By placing your UP4 near the terminal or reader, you are authorizing the payment for the merchant’s products or services with your Amex Payments for UP4.
Some merchants may require a customer signature at point-of-sale to complete the transaction. In some cases, a merchant may ask to verify the last few digits of your Card number for purchases or returns. If that is the case, you should provide the last few digits of your Digital Account Number displayed in the UP app within the Payments section. To complete transactions above a certain dollar amount, merchants may also require presentation of a physical companion card or a government-issued form of identification to authenticate your identity.
Only One Card May Be Connected to Your UP4 . Once you connect an Eligible Card to an UP4, you will not be able to connect a different Card to the same UP4. Although you will never be able to connect your UP4 to a different Card, we may be able to change the Card that is connected to your UP4 in limited circumstances, such as, for instance, when you upgrade or downgrade your Card. However, if we switch or replace the details of your plastic Card and your Card Account remains open (for example, if your plastic Card is lost or stolen), this will not disrupt your use of your Amex Payments for UP4.
Expiration of Payment Capability . The contactless payment capability for your UP4 will expire and cease to function as early as July 31, 2019. After expiration you will not be able use your UP4 for payments. American Express will send you a notification closer to the date of expiration with additional information.
Purchases you make with your Amex Payments for UP4 are governed by the Card Member Agreement for the Eligible Card you used to connect to your UP4. If a problem arises with the product or service you purchased through use of the Amex Payments for UP4, 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 your plastic Card expires or is replaced, you will not need to update your Card information in your UP4. Your Digital Account Number will be connected to your new Card number automatically. If your Card account is cancelled for any reason, you will no longer be able to make payments with your UP4.
You may use an American Express U.S. Consumer or Small Business credit or charge Card that is not cancelled and that is issued to you by a U.S. banking subsidiary of American Express (an “Eligible Card”) to connect to your UP4 and to enable your Amex Payments for UP4. Prepaid cards and products, American Express Corporate Cards and American Express-branded cards or account numbers issued by other financial institutions cannot be linked to the UP4. You can call the American Express number on the back of your Card to determine if it is eligible.
You must also have a valid User ID at Americanexpress.com that provides account access to your Eligible Card. You can register by visiting www.americanexpress.com/myca.
In order to use an UP4, you must have the appropriate mobile hardware. For a list of compatible mobile devices, please go to https://jawbone.com/up/devices.
If you have questions about your UP4 or the UP app, please contact Jawbone.
It is your responsibility to read and understand the Third Party Agreements before connecting your Eligible Card to your UP4 or using your Amex Payments for UP4 for payment.
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 your UP4). If you have any questions or issues with respect to the operation of your UP4, please contact Jawbone.
What Data American Express Collects
When connecting your Eligible Card to your UP4, we collect certain information from you to verify your identity and to enable you to use your Amex Payments for UP4. You authorize American Express to collect, use and share your information in accordance with our U.S. Online Privacy Statement, as it may be amended from time to time, and which is available at https://www.americanexpress.com/privacy.
You agree that we may also collect and use technical data and related information, including, but not limited to, technical information about your UP4 periodically to improve our products or upgrade our services or technologies. We do not collect health information that you share with Jawbone, or other personal information except as described above.
What Data Amex Makes Available to You in the UP app
To facilitate your participation, also note that we will make certain account information relating to the Eligible Card you have selected to use with your UP4 available for display within the UP app on your mobile device, including but not limited to your first name, last name’s initial and your card type image, as well as the last five digits of your Digital Account Number.
What Data Jawbone Collects
If your UP4 is lost, stolen or compromised
If you believe your UP4 has been lost, stolen or compromised in any way, you can quickly suspend or disconnect the payments feature in your UP4 by using the UP app. Go to the Payments section of your UP app and tap “Manage” directly below the image of your Card. From there, tap either “Suspend Payments” or “Disconnect.”
If you cannot access the UP app, or if you think your UP4 is stolen, please call American Express Customer Care immediately using the American Express number on the back of your Eligible Card.
You will not be liable for charges made with your UP4 if it is confirmed as lost or stolen but you must cooperate with us in any investigation. Also note that once you have disconnected your Eligible Card, you will no longer be able to make payments with your UP4 until you reconnect that Card to your UP4.
If your plastic Card is lost or stolen and you receive a replacement Card, you will not need to update your Card information in your UP4. Your Digital Account Number will be connected to your new plastic Card number automatically.
The payment information associated with your Amex Payments for UP4 is a separate and unique number from your plastic Card called a “Digital Account Number.” We do not share your plastic Card account number with Jawbone and only your Digital Account Number is used for payments with your UP4.
Subject to the Card Member Agreement governing the use of the Eligible Card you used to connect to your UP4, you are responsible for all transactions made using your Amex Payments for UP4. You are also responsible for maintaining the confidentiality of your Jawbone account information. You should keep your UP4 and Jawbone account information secure in the same manner as you would keep your cash, checks, credit cards, and other personal identification numbers and passwords secure and use any fraud prevention or other related measures we may, from time to time, prescribe. If you share your UP4 with any other person, they may be able to use your UP4 to make payments. If you permit others to use your UP4, you are responsible for any transactions made with your Amex Payments for UP4 they authorize. Also, if you share your mobile device with any other person, they may be able to access the UP app and the information showing under the Payments section of the app. For your security, we strongly recommend that you lock your phone with either a passcode or Touch ID to prevent unauthorized access to your personal information.
As stated above, you may quickly suspend or disconnect the payments feature in your UP4 by using the UP app. Go to the Payments section of your UP app and tap “Manage” directly below the image of your Card. From there, tap either “Suspend Payments” or “Disconnect.”
WE ARE NOT RESPONSIBLE FOR YOUR UP4 OR THE UP APP OR THE SOFTWARE OR HARDWARE THEY RESPECTIVELY CONTAIN AND MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SAME.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE UP4, INCLUDING AMEX PAYMENTS FOR UP4, IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AMEX PAYMENTS FOR UP4 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 AMERICAN EXPRESS, ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO AMEX PAYMENTS FOR UP4, 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 AMEX PAYMENTS FOR UP4, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, AMEX PAYMENTS FOR UP4 WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF AMEX PAYMENTS FOR UP4 WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN AMEX PAYMENTS FOR UP4 WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY AMERICAN EXPRESS, ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.
ACCESS, USE AND MAINTENANCE OF AMEX PAYMENTS FOR UP4 DEPEND ON JAWBONE’S UP APPLICATION AND OTHER SERVICES. AMERICAN EXPRESS DOES NOT OPERATE JAWBONE AND HAS NO CONTROL OVER ITS OPERATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY CIRCUMSTANCES THAT INTERRUPT, PREVENT OR OTHERWISE AFFECT THE FUNCTIONING OF ANY UP4, SUCH AS UNAVAILABILITY OF THE PAYMENT FUNCTIONALITY, THE ABSENCE OF A CONTACTLESS TERMINAL OR READER AT ANY MERCHANT, OR ANY INTERRUPTIONS, DELAYS, LIMITATIONS OR OUTAGES IN YOUR WIRELESS SERVICE, INTERNET CONNECTIVITY OR ANY CONTACTLESS COMMUNICATION THAT PREVENT YOU FROM HAVING ACCESS TO ANY OF THE FUNCTIONALITY OF YOUR UP4 OR THE UP APP.
USE OF AMEX PAYMENTS FOR UP4 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. CHECK WITH JAWBONE FOR INFORMATION ABOUT ITS PRIVACY AND SECURITY PRACTICES. FOR PERSONAL OR CONFIDENTIAL INFORMATION SENT TO OR FROM AMERICAN EXPRESS OVER THE INTERNET FROM YOUR UP4, 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.
Certain software that American Express uses to provide Amex Payments for UP4 has been licensed from third parties (each a “Third Party Licensor”) that are not affiliated with American Express. This limited right to use such software is revocable at the discretion of American Express. American Express and its Third Party Licensors retain all right, title and interest in and to the software used by American Express to provide Amex Payments for UP4) and any modifications and updates thereto. You agree that you will not use any third-party materials associated Amex Payments for UP4 or Jawbone services 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 your Amex Payments for UP4. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Amex Payments for UP4 or the Payments section of the UP app, 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 Amex Payments for UP4, UP4 or the UP app). Any attempt to do so is a violation of the rights of American Express 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 American Express that replace or supplement Amex Payments for UP4 or the Payments section of the UP app, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.
You agree that Amex Payments for UP4 or the Payments section of the UP app 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 Amex Payments for UP4 or change the process by which you connect an Eligible Card to your UP4.
10. GOVERNING LAW
As a condition to activating and using Amex Payments for UP4, you consent to receive certain messages on your compatible mobile 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 the Up app, 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 American Express 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 your Amex Payments for UP4, including if these third parties misuse your Amex Payments for UP4 or the Jawbone services.