Samsung Pay Supplementary Terms of Service
Last Revised: October 26, 2021
1. Background
1.1 Supplementary ToS. Please read these supplementary terms of service (“ToS”) carefully before
accessing or using Samsung Pay because it constitutes a binding legal agreement between you (“You”,“Your” or “User”) and Samsung Electronics America, Inc. (“Samsung”, “we”, “us” or “our”). By installingor using Samsung Pay, You agree to be bound by the ToS. If you do not agree to the ToS, you may not
use Samsung Pay. The ToS may be modified by Samsung from time to time. If we modify the ToS, we
will update the “Last Revised” date listed above and provide notice if required by applicable law. If you
continue to access or use Samsung Pay after such modification, you will be deemed to have read,understood and unconditionally agreed to such changes to the TOS.
1.2 Incorporation of other Terms and Conditions. The ToS supplements the Samsung Service Terms
and Conditions (“Service Terms and Conditions”) available athttps://account.samsung.com/membership/terms that apply to registered User accounts with Samsung(the “Samsung Account”). You must have a Samsung Account to use Samsung Pay. The Service
Terms and Conditions form an integral part of these ToS. In case of any inconsistency or conflict
between the ToS and the Service Terms and Conditions, the terms of these ToS shall prevail.
Samsung may assign the ToS at any time.
1.3 Privacy Notice. Your use of Samsung Pay is subject to the Samsung Pay Privacy Notice, located at:https://imageus.samsung.com/SamsungUS/home/support/samsung_pay/Samsung_Pay_Privacy_Notice.pdf and theSamsung Account Privacy Policy, located at: https://account.samsung.com/membership/pp. The
Samsung Pay Privacy Notice and the Samsung Account Privacy Policy are both hereby incorporated
by reference. The Samsung Pay Privacy Notice and the Samsung Account Privacy Policy explain how
Samsung collects, protects, uses and shares Your personal information in connection with Samsung
Pay and your Samsung Account, respectively.
2. Samsung Pay Features & Functionality
2.1 Payment Cards.
a. Samsung Pay enables Users to store and use credentials that represent credit, debit, prepaid andgift cards (each, a “Card”) as authorized by the issuer of such Card (a “Card Issuer”). Samsung Pay
may be used at participating merchant locations using an eligible Samsung mobile device or accessory
or on-line via applications, websites, browsers, interfaces and integrations with third party digitalwallets. Your Card Issuer, as well as Samsung, each reserves the right to exclude certain Cards fromparticipating in Samsung Pay or to terminate their participation. Eligible Cards may also vary based onYour location and may change from time to time. The availability of Samsung Pay and its features mayvary based on Your location, merchant or provider participation, device model or Card.
b. In some instances, credit, debit, prepaid and gift cards used to make purchases from other Samsung
applications, websites, browsers, and interfaces will be stored as Cards within Samsung Pay tofacilitate Your future checkout experiences. In addition, when you add a Card to Samsung Pay, yourpayment card information may also be stored within your Samsung Account to pay for and access paid
content with other Samsung Account services. You can add or remove these payment cards from yourSamsung Account by going to “Payments and benefits” in your Samsung Account settings and clicking“Payment methods.”

c. Samsung Pay facilitates issuance of a general purpose reloadable prepaid Card (“GPR Card”) by aCard Issuer. Your eligibility for, and use of, the GPR Card is subject to the Card Issuer’s terms andconditions. Samsung reserves the right to terminate this feature or change GPR Card Issuers at any
time. In the event of a change of GPR Card Issuers, Your data may be ported to the new provider forcontinuity purposes. For the avoidance of doubt, Samsung:i. is not the GPR Card Issuer;ii. is not a bank;iii. is not a money service business;
iv. does not determine your eligibility for a GPR Card;v. does not hold, have access to or guarantee money deposited to Your GPR Card; andvi. is not liable for any errors or omission arising from, or related to, the GPR Card or Card Issuer.
2.2. Gift Card Catalog. Samsung enables certain gift Cards (“Gift Cards”) to be purchased throughSamsung Pay (“Gift Card Catalog”). You agree to comply with any additional terms and conditions
established by the Gift Card Catalog provider, as applicable. For the avoidance of doubt, Samsung is
not the merchant of record for Your purchase of Gift Cards from the Gift Card Catalog. You agree tolook solely to the Gift Card Issuer (and not Samsung) with respect to any requested refunds,
exchanges, replacements or other concerns in connection with a Gift Card. We do not assume any
liability for Gift Cards and are not responsible for Gift Cards that expire or cannot be redeemed for any
reasons, including Gift Card Issuers that cease operations. If You encounter difficulty in purchasing a
Gift Card through the Gift Card Catalog, please contact 1-877-426-2551 for support. If You encounter
difficulty in setting up a Gift Card for use within Samsung Pay once purchased, please contact
Samsung Customer Support for support. You may also load certain physical Gift Cards for use with
Samsung Pay by entering the Card number and any applicable codes. You should be sure to keep yourphysical Gift Card or proof of purchase of the physical Gift Card in case you are unable to redeem theloaded Gift Card for any reason. Gift Cards provisioned within Samsung Pay remain subject to theterms and conditions established by the Card Issuer, the Gift Card Catalog provider and these ToS. Gift
Cards added to Your device may be stored by Samsung allowing for portability to other Samsung
devices.
2.3. Deals and Offers.
(a) Samsung Pay enables Users to store and access offers, coupons, deals, discounts and vouchers(“Deals”). Types of Deals will vary, quantities are limited, expiration dates will apply and are subject toparticipation by Deal providers. You agree to receive notices about nearby Deals to Your eligible device
or accessory based on the proximity of Your device to a participating store or business. You agree tocomply with any additional terms and conditions established by the Deal provider, as applicable,
including, without limitation, redemption limits, resale and redistribution restrictions, and expiration
dates. One-time Deals may only be used one time and may not be shared. You agree not to engage inany practices that interfere or circumvent any redemption tracking methods.
(b) You agree to look solely to the Deal provider (and not Samsung) to resolve any and all questions orconcerns relating to a Deal, including, without limitation Deal redemption, product safety or productliability. Samsung is neither responsible nor liable for Deal content, including errors or omissions
relating to the Deal or for product safety or liability. You agree that we are not agents of any Deal
provider and that Deal providers operate independently and are not under our control. We do notassume any liability, obligation or responsibility for any part of such correspondence, offer or promotion,
including, without limitation, the withdrawal or modification of any such Deal.
2.4 Promotions. Promotions such as discounts and referral codes (“Promotion(s)”) offered by Samsungor its partners are subject to the applicable terms and conditions. Quantities may be limited or
substituted in Samsung’s sole discretion.

2.5 Membership Programs. Samsung Pay provides access to certain third party loyalty or membership
Cards and similar programs (“Membership Program(s)”). You agree to comply with any additional terms
and conditions established by the Membership Program provider. Membership Cards may be accessedor used in Samsung Pay with or without biometric authentication or PIN verification. Membership Cards
added to Your device may be stored by Samsung allowing for portability to other Samsung devices.
Samsung is not liable for any errors or omissions contained within any Membership Program. You
agree to look solely to the Membership Program provider to resolve any questions or disputes relating
to a Membership Program.
2.6 Points Rewards Programs. You may also be eligible to purchase items using Samsung Pay withpoints associated with your Card. Such third party points programs are managed by, and subject to,Your agreement with Your Card issuer(s). If successfully processed, points will be deducted from Your
Card account and applied as a statement credit. If not successfully processed, Your Card will becharged the full amount of the transaction. Samsung is not responsible for any errors or failure of points
to be processed or applied to Your purchase. You agree to look solely to Your Card issuer (and not
Samsung) to resolve any issues regarding point redemption.
2.7 Cash Back Loyalty Awards Program. Samsung offers a Cash Back Loyalty Awards Program(“Awards Program”) to allow Users to earn a percentage back of their purchase amount on certain
purchases completed through the websites, applications, and other related properties of participating
merchants and other third parties (“Awards”). The participating merchants and other third parties arecollectively referred to as “Merchants” and the websites, applications and other related properties ofsuch Merchants are referred to as “Third Party Sites”. Participation in the Awards Program and theopportunity to earn Awards are offered at the sole discretion of Samsung and subject to Your
compliance with these terms and conditions. Samsung reserves the right to change, upgrade, ordiscontinue the Awards Program, any feature of the Awards Program, or the participation of any
Merchant or Third Party Site, at any time, with or without notice. All rights not expressly granted underthese terms and conditions are reserved by Samsung or its licensors.
(a) Qualifying Purchases; Exclusions(i) Qualifying Purchases: Available offers are presented in the Samsung Pay application. In order toearn an Award, You must: (A) click on a Merchant link within the Samsung Pay application or Samsung
browser which link redirects you to a Third Party Site, and (B) complete a qualifying purchasetransaction after clicking on the Merchant link (“Qualifying Purchase”). NOTE: Merchants have different
rules regarding how long the offer will be available after first visiting their Third Party Site. If You disable“cookies” on Your device used to make a Qualifying Purchase, You may not be credited for yourQualifying Purchase because cookies are used to authenticate Users and verify eligibility.
(ii) Samsung Browser: Samsung may also make available a browser extension to enhance Your
shopping experience (“Samsung Browser Extension”). Additional terms may apply to any such
Samsung Browser Extension.
(iii) Exclusions. Awards are earned on Your net purchase amount for a Qualifying Purchase, which
excludes taxes, fees, discounts or credits, shipping, returns or cancellations, extended warranties andany other fees imposed by the Merchant. Purchases of Gift Cards do not qualify under the Awards
Program. The amount of an Award for a Qualifying Purchase will be calculated as a percentage of yournet purchase amount. Amounts vary by Merchant and product category and may contain exclusions in
the terms of the offer and/or on the applicable Third Party Site. The terms of a particular offer will be
displayed to You within the Samsung Pay application or Samsung browser prior to you selecting theMerchant link. The maximum amount of an Award that you may earn for any individual Qualifying
Purchase is $100.

(iv) Fraudulent Activity: We reserve the right to investigate any purchase transaction (including a
Qualifying Purchase) that we believe, in our sole discretion, is abusing or has abused the Awards
Program. We reserve the right to rescind Awards to of any User that we believe, in our sole discretion,
is abusing or has abused the Awards Program, including, without limitation, by engaging in a pattern ofreturning products after the applicable Return Period (as defined below) for a Qualifying Purchase thathas been credited to such User. Any failure to comply with these terms and conditions, any fraud orabuse relating to the accrual or receipt of an Award, or any misrepresentation of any information
furnished to Samsung by You or anyone acting on Your behalf may result in the termination of Your
participation in the Awards Program and forfeiture of any Awards (whether pending or accrued). If
Samsung has any reason to suspect fraudulent activity is associated with an Award grant, Samsung
reserves the right to delay or withhold the ability to redeem Awards. Any suspected or actual cases offraudulent activity will be escalated and reviewed in accordance with our fraud policy.
(b) MAXIMUM PER TRANSACTION VALUE. THE MAXIMUM AMOUNT OF AN AWARD THAT YOU
MAY EARN FOR ANY INDIVIDUAL QUALIFYING PURCHASE IS $100.
(c) Accrual and Expiration(i) Accrual. Awards credited for Qualifying Purchases will be held in a pending state and do not accrue
until expiration of the applicable return period for the product or service You purchased via a Third
Party Site (the “Return Period”). During the applicable Return Period, such amounts will be designatedas “pending.” Upon expiration of the Return Period, Samsung will update Your Awards balance toindicate that the relevant Award that has “accrued” is available for You to redeem. The applicable
Return Period is set by the relevant Merchant and, therefore, accrual dates vary depending on the
Merchant’s policies and reporting schedules.
(ii) OWNERSHIP OF AWARDS. ALL RIGHT, TITLE AND INTEREST IN ALL PENDING AWARDSREMAIN VESTED WITH SAMSUNG DURING THE APPLICABLE RETURN PERIOD.
(iii) Awards Adjustments. In our sole discretion, we may deduct pending Awards in order to makeadjustments for returns and cancellations with respect to Qualifying Purchases. For instance, if You
return or cancel all or a portion of Your Qualifying Purchase to the Merchant during the Return Period,
Samsung will receive a notification and will adjust Your pending Award accordingly. Alternatively, if You
return or cancel the entirety of Your Qualifying Purchase during the Return Period, Samsung will deduct
the entirety of Your pending Award for such Qualifying Purchase. Any such adjustments will be made inaccordance with these terms and conditions, any applicable Samsung policies and terms, the terms of
any Third Party Site offers, and any and all applicable laws, rules, and regulations. The determination ofwhether a purchase made through a Third Party Site qualifies for Awards (i.e., whether such purchaseis a Qualifying Purchase) is at the discretion of Samsung and the Merchant. If a Merchant fails to reporta Qualifying Purchase to Samsung or fails to make payment to Samsung for any reason, Samsung
reserves the right to cancel the Award associated with that Qualifying Purchase. It is Your responsibility
to check Your Awards balance regularly to ensure that Awards have been properly credited and thatYour Awards balance is accurate. If You believe that Awards have not been correctly credited, You
must contact Samsung customer service within ninety (90) days of the Qualifying Purchase. Should
You disagree with any adjustments made to Your Awards balance or Awards made available to You,Your sole remedy is to not participate in the Awards Program.
(d) Redemption.
(i) Redemption. Once Your Awards have accrued (i.e., after the Return Period has expired), You may
redeem Your Award by instructing Samsung to transfer Your Award balance to an available redemption
method (“Redemption Method”). Redemption Methods will vary and are subject to additional terms andconditions. For example, accrued Awards transferred to a gift card or an eligible prepaid card may besubject to additional terms and conditions of the gift or prepaid Card Issuer, including inactivity fees andforfeiture in the event of an expiration event. Samsung is not the provider or issuer of the available
Redemption Methods and is not responsible for Awards once such amounts have been transferred to a
Redemption Method.
(ii) IMPORTANT NOTICE ABOUT REDEMPTION OF AWARDS TO SAMSUNG REWARDSPROMOTIONAL MASTERCARD CARD OR PROMOTIONAL VISA CARD (“REWARDS CARD”).
ADDITIONAL TERMS, AND CONDITIONS APPLY TO THE REWARDS CARD. THE MASTERCARDREWARDS CARD INCLUDES A “VALID THRU” DATE, HOWEVER, EVEN IF THE “VALID THRU”
DATE HAS PASSED, THE AVAILABLE FUNDS ON YOUR CARD DO NOT EXPIRE. SEE
MASTERCARD REWARDS CARD AGREEMENT FOR DETAILS. ADDITIONAL TERMS, AND
CONDITIONS APPLY TO THE VISA REWARDS CARD, INCLUDING EXPIRATION DATES. THE
VISA REWARD CARD, THE AWARDS REDEEMED TO THE VISA REWARD CARD, AND ANY
VALUE ASSOCIATED WITH EITHER, EXPIRES AND IS NO LONGER AVAILABLE TO YOU ON THE
VISA REWARD CARD “VALID THRU” DATE. REWARDS REDEEMED TO AN EXISTING VISAREWARDS CARD ALSO EXPIRE ON THE “VALID THRU” DATE.
(iii) Minimum Balance. A minimum accrued Award of $5 is required before a User can transfer theAward to an available Redemption Method.
(iv) Not Redeemable for Physical Currency. Despite phrases that may be used such as “Cash” or “CashOut,” accrued Awards are not available as physical currency. For example, You cannot withdraw
Awards from an automated teller machine.
(e) Third Party Site Awards Program Restrictions. You agree that You will not, and will not permit othersto: (i) damage, interfere with or unreasonably overload the Third Party Sites; (ii) introduce into the Third
Party Sites any code intended to disrupt the Awards Program; (iii) alter or delete any information, data,
text, links, images, software, chat, communications and other content available through the Third Party
Sites (collectively, “Content”); (iv) access the Awards Program or the Third Party Sites by expert
system, electronic agent, “bot” or other automated means; (v) use scripts or disguised redirects toderive financial benefit from Samsung; (vi) modify, reverse engineer, reverse assemble, decompile,
copy or otherwise derive the source code relating to the Awards Program for any reason; (vii) rent, sellor sublicense any of the Third Party Sites; (viii) provide any unauthorized third party with access to theAwards Program; (ix) access confidential Content through the Third Party Sites; (x) interfere with theoperation of the Awards Program, including, but not limited to, distribution of unsolicited advertising or
mail messages and propagation of computer worms and viruses; (xi) post any material in any form
whatsoever on the Third Party Sites or within the Awards Program that is defamatory, obscene orotherwise unlawful or violates any third party’s right of privacy or publicity; (xii) infringe any third party’s
patent, copyright, service mark, trademark or other intellectual property right of any kind or
misappropriate the trade secrets of any third party in connection with Your use of the Awards Programor the Third Party Sites; (xiii) engage in any activity that does not comply with applicable law andregulations or otherwise engage in any illegal, manipulative or misleading activity through the use of theAwards Program.
(f) Merchant Policies. A product or service purchased from any Merchant through the Awards Programis governed by and subject to the applicable Merchant’s policies, including applicable exchange andshipping policies. For the avoidance of doubt, Samsung is not the merchant of record for Your
Qualifying Purchase and does not have any liability with respect to any products or services purchasedfrom Merchants participating in the Awards Program. You agree that we are not agents of any
Merchant and that the Merchants that participate in the Awards Program operate independently and are
not under our control with respect to the Awards Program or otherwise. Accordingly, Your participation
in offers or promotions of, or correspondence with, any Merchant is solely between You and that
Merchant. Samsung does not assume any liability, obligation or responsibility for any part of suchcorrespondence, offer or promotion, including, without limitation, the redemption, withdrawal or
modification of any such offer or promotion. Samsung is not responsible for changes to, ordiscontinuance of, any Third Party Site, or for any Merchant’s withdrawal from the Awards Program, orfor any effect on accrual of amounts caused by such changes, discontinuance, or withdrawal.
2.8 Covid-19 Vaccine Card. Samsung Pay enables Users to import and display their Covid-19
vaccination information (“Covid-19 Vaccination Card”) from third party applications that facilitate accessto health information (“Health Information Providers”). You agree to comply with any additional terms
and conditions established by the Health Information Provider. Covid-19 Vaccination Cards may beaccessed or used in Samsung Pay with biometric authentication or PIN verification. The availability of
Covid-19 Vaccination Cards may vary based on Your health care provider. Covid-19 Vaccination Cards
added to Samsung Pay will be stored on Your device by Samsung for the sole purpose of enabling its
display within Samsung Pay. Samsung is not liable for any errors or omissions contained within any
Covid-19 Vaccination Card. You agree to look solely to the Health Information Provider to resolve any
questions or disputes relating to the information displayed in a Covid-19 Vaccination Card.
3. Samsung Money by SoFi
Samsung Pay provides access to a cash management account and an accompanying debit Card(“SMBS Account” and “SMBS Card”) that are offered by Social Finance, Inc. (“SoFi”) and a bank withwhich SoFi partners to issue the SMBS Card (“the “SMBS Card Issuer”), respectively. Your eligibility
for, and use of, the SMBS Account and SMBS Card are subject to SoFi’s and the SMBS Card Issuer’s
terms and conditions. Samsung and SoFi reserve the right to terminate the availability of the SMBS
Account and/or SMBS Card and/or their access through Samsung Pay, or change the SMBS Card
Issuer at any time. In the event of a change of SMBS Card Issuer, Your data may be ported to the new
SMBS Card Issuer for continuity purposes. For the avoidance of doubt, Samsung:i. is not the SMBS Account provider or SMBS Card Issuer;ii. is not a bank or broker-dealer;iii. is not a money service business;
iv. does not determine your eligibility for or establish the terms applicable to a SMBS Account or SMBS
Card;
v. does not hold, have access to, guarantee or otherwise handle funds deposited to Your SMBS
Account; andvi. is not liable for any errors or omissions arising from, or related to, the SMBS Account, SMBS Card,
SoFi or the SMBS Card Issuer.
You agree to look solely to SoFi and/or the SMBS Card Issuer (and not Samsung) with respect to any
requested refunds, SMBS Card replacements, inquiries about your SMBS Account balance or features,or other concerns. For assistance with your SMBS Account or SMBS Card, contact SoFi at 844-9777634.
4. Notifications; In-App Messaging
You agree that Samsung may send You notices, disclosures and other communications to Your device
via SMS, in-app messaging email and direct mail. Notices may include information about Samsung Pay
services, Deals, Promotions, Points Rewards, Samsung Pay merchant acceptance, service
enhancements, updates and other information. You agree that certain notices may be based on Yourlocation relevant to stores or businesses. You can choose to modify these notification settings within
Samsung Pay by clicking on Settings and then Notifications. You hereby consent to receive such
notices from Samsung.
5. Your Acceptance of these ToS
5.1 The ToS only govern the relationship between Samsung and You related to Your use of Samsung
Pay. Other than as specifically set forth herein, Samsung neither conducts nor has control over any
commercial activities in connection with Your use of Samsung Pay, including, without limitation, credit
assessment, card issuance, payment processing, chargebacks, purchases, returns, refunds, merchantoffers, deals, rewards, awards or membership terms. Samsung does not have any control over Your
Card Issuer’s cardholder authentication activities. You agree that Samsung is not responsible for any ofthese activities nor for Your relationship with any Card Issuer or merchant in connection therewith. You
agree that Your use of Cards on Samsung Pay will remain subject to the terms of any cardholder
agreement(s) You may have with the relevant Card Issuer, and neither these ToS nor Your use of
Samsung Pay shall alter Your existing relationship with Card Issuers with respect to Your Cards.
5.2 You agree that You will use Samsung Pay in accordance with applicable law and will not use
Samsung Pay for any illegal or fraudulent purposes, or purposes that are prohibited by the Service
Terms and Conditions or these ToS. SAMSUNG PAY MAY NOT BE USED BY ANY PERSON OTHER
THAN THE CARDHOLDER AUTHORIZED TO USE THE CARD PURSUANT TO THE CARDHOLDERAGREEMENT BETWEEN YOU AND THE CARD ISSUER THAT ISSUED YOUR CARD. Persons
under the age of majority in their resident jurisdictions (each, a "Minor") may not use Samsung Pay
unless their parent or legal guardian has reviewed and agreed to these ToS. If You are a parent or
guardian permitting a Minor to use Samsung Pay, You agree to: (i) exercise supervision over the
Minor's use of Samsung Pay; (ii) assume all risks associated with the Minor’s use of Samsung Pay,
including the transmission of materials, content or other information to and from third parties via theInternet; (iii) assume all liabilities resulting from the Minor’s use of Samsung Pay, including applicablepayment obligations; and (iv) ensure the accuracy and truthfulness of all information submitted by the
Minor. UNDER NO CIRCUMSTANCES MAY MINORS UNDER THE AGE OF 13 (THIRTEEN) USE
SAMSUNG PAY.
5.3 From time to time Samsung may offer features or services that may be subject to additional ordifferent terms of service. You shall not use these additional features and services unless You agree tothe applicable terms. Samsung may also provide access to features or services that are identified as“beta,” “lite” or “pre-release.” You understand and agree that such services are still in development,
may have bugs or errors, may be feature incomplete, may materially change prior to commercial
launch, or may never be released commercially. Despite any other provisions of this ToS to thecontrary, any use of or reliance on such beta features or services is done at Your own risk and isprovided as is and without warranty of any kind.
5.4 Samsung Pay and its features and functions may not always be available or error-free. Samsung
may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue
any or all aspects of Samsung Pay, temporarily or permanently, including the availability of any portionof Samsung Pay at any time with or without notice to You and You agree that Samsung shall not beliable to You or to any third party as a result of taking any of these actions.
6. Security
6.1 You must register either Your physiological biometric data or PIN to prevent others from accessing
or using Samsung Pay on Your device. You agree to keep Your PIN confidential at all times, and to
notify Samsung immediately if Your Samsung Pay application PIN is stolen, becomes known to an
unauthorized third party or is otherwise compromised. In some instances, if You lose Your device, You
can lock the Samsung Pay application and wipe the data off Samsung Pay via the Find My Mobile
service to help prevent unauthorized use of Samsung Pay.
6.2 Use of iris scanning technology is at Your own risk. Do not: (i) stare at the iris recognition light fromless than 20 cm away from Your device; (ii) use the iris recognition camera and LED with infants orchildren; and (iii) use iris scanning technology if You have had dizziness, seizures, loss of awareness,blackouts, or other symptoms linked to an epileptic condition, or a family history of such symptoms or
conditions without first consulting Your doctor.
6.3 Use of Samsung Pay for Your wearable devices or accessories may require access to or pairingwith Your mobile device, and obtaining updates or upgrades made available by Samsung from time totime. You agree that: (i) Your wearable device or accessory may access Your mobile device anytime;(ii) certain data and information that You have supplied to Samsung (including encrypted Card

information), may be transferred to Your wearable device; (iii) when deleting or resetting the Samsung
Pay application from Your wearable devices, certain Card information will be preserved in Your mobile
device; (iv) deleting a Card from Your wearable device may not automatically delete the Card from Your
Samsung Pay account; (v) it is Your sole responsibility to apply a security function (e.g., pattern lock,
pin number, etc.) to Your device and (vi) Samsung is NOT liable for any losses or damages suffered by
You due to Your lost, stolen or damaged device.
7. Grant of License and Restrictions
7.1 Samsung hereby grants You a non-exclusive, non-transferable, limited, personal and revocableright and license to access and use Samsung Pay for Your personal use only, provided that You
comply fully with these ToS. You acknowledge and agree that some of the functionalities or services
offered by Samsung Pay may be provided by Samsung’s affiliates or subcontractors on behalf ofSamsung.
7.2 Use of Samsung Pay requires Your device to have access to the Internet via a mobile network or
Wi-Fi (fees may apply), and requires obtaining updates or upgrades from time to time. Some updates
can be configured to update automatically when connected to Wi-Fi. Because use of Samsung Pay
involves hardware, software, Internet access and applicable updates, Your ability to use Samsung Pay
may be affected by the performance of these factors. You agree that complying with such system
requirements, which may be changed from time to time, is solely Your responsibility.
7.3 You shall not interfere or attempt to interfere with the operation or use of Samsung Pay in any way
through any means or device including, but not limited to, spamming, hacking, and uploading computerviruses or time bombs, or any other means. You may not use Samsung Pay for commercial purposesor for any purpose that is unlawful or prohibited by the ToS. You are specifically prohibited from using
Samsung Pay in connection with any contents, services, programs or applications that: (i) are inviolation of any third party’s rights, including but not limited to, intellectual property rights; or (ii) containviruses or other harmful software, code or other malware that impact or limit the functions or services
provided by Samsung Pay or the devices supporting Samsung Pay.
7.4 You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify,
adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative
works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent orotherwise translate (or encourage or assist any other person to do any of the foregoing) Samsung Pay
in whole or in part.
7.5 Samsung, in its sole discretion and without notice to You unless required by applicable law, may
immediately (i) suspend or terminate Your use of Samsung Pay; (ii) terminate the licenses granted
hereunder; and/or (iii) preclude access to Samsung Pay.
8. Third Party Services
Samsung Pay may include links to, access to or use third of party services. Such access will not be
construed as an endorsement, sponsorship, or affiliation by Samsung of such third party services.
Samsung exercises no control whatsoever over such other third party services, and is not responsible
or liable for the availability, functioning, or quality thereof or the content, advertising, products or othermaterials thereon. Samsung will not be responsible or liable, directly or indirectly, for any damage orloss (including data loss) incurred or suffered by You in connection therewith. Your access and use ofthird party services, including information, material, products and offers therein, is solely at Your own
risk. Use of third party services may require Your agreement to separate terms and conditions.
Samsung reserves the right to terminate or change third party providers at any time.
9. DISCLAIMERS

9.1 DISCLAIMER OF WARRANTIES. SAMSUNG PAY IS PROVIDED “AS IS,” "WHERE IS" AND “AS
AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKENO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE,
WHETHER EXPRESS OR IMPLIED, RELATING TO SAMSUNG PAY AND/OR SERVICES MADEAVAILABLE VIA SAMSUNG PAY AND SPECIFICALLY DISCLAIM ALL SUCH WARRANTIESINCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE PREVIOUSDISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR
GUARANTEE THAT: (I) SAMSUNG PAY WILL OPERATE IN AN UNINTERRUPTED, TIMELY,SECURE OR ERROR-FREE MANNER; (II) SAMSUNG PAY WILL ALWAYS BE AVAILABLE OR
FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (III) SAMSUNG PAY WILL BE SECURE
AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR ANY
INFORMATION YOU PROVIDE) ANY UNAUTHORIZED ACCESS; AND (IV) DEALS, OFFERS,COUPONS, LOYALTY PROGRAMS, MEMBERSHIP PROGRAMS AND OTHER SAMSUNG PAYSERVICES WILL BE AVAILABLE, ACCURATE, OR ERROR-FREE.
9.2 DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORSBE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS
LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATIONWILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD,MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCTLIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF SAMSUNG OR ITS LICENSORSHAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU
HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS
LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRINGAGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO
INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY
DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER OR A MERCHANT) TO
USE OR HANDLE YOUR DEVICE OR SAMSUNG PAY. NOTWITHSTANDING ANYTHING TO THE
CONTRARY CONTAINED HEREIN, SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROMANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL
LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).
9.3 THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITSESSENTIAL PURPOSE.
10. Governing Law
These ToS shall be governed and construed by the laws of the State of New York, without regard to its
conflict or choice of law provisions. Unless otherwise provided for in the governing law, any claim or
dispute arising in connection with these ToS or Your use of Samsung Pay shall be resolved as set forthin the Service Terms and Conditions, located at https://account.samsung.com/membership/terms.