CVV+ TERMS OF SERVICE

Thank you for being a CVV+ customer and using this service which is offered to you by your card issuer. CVV+ provides a changing security code which is delivered to you according to the preference that you have set up and at a minimum of once per day. The CVV+ code is used in place of the security code printed on your card in all places where a card security code is requested. (The “CVV+” Service).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE COMMENCING THE SERVICE.  YOU ARE ENABLLING YOUR ELIGIBLE DEVICE TO RECEIVE A CHANGING CVV+ CODE INCLJUDING IN SOME INSTANCES STORING  A TOKEN ON YOUR ELIGIBLE DEVICE.  WHEN ENABLED, YOUR ELIGIBLE DEVICE BECOMES AN ENABLED DEVICE.  WHEN YOU ACTIVATE THE SERVICE, OR ACTIVATE OR USE YOUR ENABLED DEVICE, YOU ARE AGREEING TO AND ARE BOUND BY THESE TERMS AND CONDITIONS.   IF YOU DO NOT WANT TO AGREE AND BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACTIVATE THIS SERVICE AND DO NOT CREATE, ACTIVATE OR USE THE CVV+ SERVICE ON YOUR ELIGIBLE DEVICE.

In these Terms and Conditions, “you” and “your” refer to the Cardholder of a Card issued to the Cardholder by a CVV+ Service participating card issuer,  and “we,” “us,” “our” and “The Company” refer Tender Armor, LCC the provider of the CVV+ Service.

DEFINITIONS

“Account” means any Card account you open from a CVV+ participating card issuing institution in the United States of America pursuant to your Cardholder agreement.

“Applicable Law” means all laws, rules, regulations, published standards, permits, judgments, writs, injunctions, ruling, published administrative guidance or other regulatory bulletins or published guidance, regulatory examinations or orders, decrees and orders of any governmental authority.

“Card” means any physical, digital or virtual card or other payment device accessing an Account issued or made available from a CVV+ participating card issuing institution

“Cardholder” means a Person (a) that has an Account with a CVV+ participating card issuing institution (b) whose name appears on the Card.

“The Company” means Tender Armor, LLC.

“CVV+” means the CVV+ service provided by Tender Armor, LLC.

“Eligible Card” means a Card offered by a CVV+ participating card issuing institution

“Enabled Device” means a mobile communication device receiving the CVV+ codes via Text message, Email, Calendar, or the CVV+ Mobile application.

“Eligible Device” means a mobile communications device, such as a cell phone, that is capable of becoming an Enabled Device by receipt of text messages, emails, or the CVV+ Mobile application software.

“Person” means any individual, corporation, limited liability company, partnership, firm, joint venture, association, trust, unincorporated association, governmental authority, or other entity.

“Processing,” means our interactions with the CVV+ Mobile Application, Texting, Emailing, and using cookies on a computer/hand held device or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information.

“Provisioned Account” means an Account associated with a Provisioned Card.

“Provisioned Card” means an Eligible Card that is associated with an Enabled Device so that the Enabled Device may be used to make a Charge to the Provisioned Account of the Cardholder of the Card.

TERMS AND CONDITIONS OF USE

The CVV+ Application is provided by and available through a third party vendor (Apple, Google, etc.) for download.  CVV+ Texting and Email service only require signup for the CVV+ Service. The Enabled Device, when used in accordance with the instructions, should enable you to receive your CVV+ code prior to and during the time that it is active.   You are responsible for the transactions conducted using your Enabled Device. You are responsible for any fees and charges associated with the use of your card including this Service, if any, as stated in the applicable Schedule of Fees and Charges provided by your card issuer, and for the fees and charges associated your use of your Enabled Device imposed by a Payment Network or your internet service, other wireless communication provider or other third party, including but not limited to data transmission and usage fees.

You are responsible to safeguard your Enabled Device and to keep your login and your Service authentication credentials secure.   You agree to contact your card issuer at once if you believe your Enabled Device or your authentication credentials have been lost, stolen or compromised in any way or you believe an unauthorized person has used or may use your Enabled Device or your authentication credentials

If your Card or your Account is not in good standing with your card issuer then your Card is not eligible to become a Provisioned Card on your Eligible Device.  We reserve the right to refuse to allow you to associate an Eligible Card with an Eligible Device for good cause at our discretion.  We reserve the right to terminate your use of a Provisioned Card in an Enabled Device for good cause at our discretion.

You are covered by our Privacy Policy.  You authorize us to securely provide to third parties who are bound by a duty of confidentiality and who are necessary, in our opinion, to provide the Service to you such information about you and your Provisioned Account and your Provisioned Card as we reasonably believe is required to allow your Card to become a Provisioned Card in your Eligible Device.  Third parties to which we may provide such information hereunder include but are not limited to Payment Networks, card issuers, and software application providers.   Information about you provided to any third party is covered by that party’s particular privacy policy.  We are not responsible or liable to you for any breach of the obligation of confidentiality by any third party to whom we provide information provided we did so in good faith.  We may also use information about you and provide such information to others to improve our ability to provide the Service on condition that such information is not identifiable, directly or indirectly, as being about you.

You acknowledge that we are not the card issuer, rather we are the CVV+ service provider that enables your Eligible Device to become an Enabled Device for the CVV+ service.  Use of your Enabled Device involves the electronic transmission of personal information through third parties.  Because we do not control these third parties we do not guarantee the privacy or security of the transmissions and shall not be responsible or liable to you for the performance or the non-performance of your Enabled Device or any third party not directly under our control.   We do not represent or warrant that the Service will always be available or error free.

ARBITRATION

That arbitration provision applies to any disputes between you and us arising from these Terms of Use or your creation, access to or use of the CVV+ service. By using any Eligible Card and the CVV+ service you agree to be subject to and comply with the terms of these Terms of Use as well as the Card Member Agreement for your Card(s).

ELIGIBILITY

You must have the power, authority and capacity to accept these Terms of Use. 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 Card to the CVV+ Service and, by creating or using the CVV+ service, you acknowledge and agree that you have received that consent.

THIRD PARTY AGREEMENTS AND SUPPORT

These Terms of Use only address the terms and conditions that apply to your use of the CVV+ service. Your card issuer, your wireless carrier, and other third party websites or services integrated in the CVV+ Services 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. The Company is not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of any third party’s products or services. It is your responsibility to read and understand the Third Party Agreements before creating, activating or using the CVV+ service.

We are not responsible for, and do not provide, any support or assistance for any third party hardware, software or other products or services. If you have any questions or issues with a third party product or service, including issues pertaining to the operation of your Supported iOS or Android Device, please contact the appropriate third party in accordance with that third party’s procedures for customer support and assistance.

SUSPENSION; CANCELLATION

We reserve the right for any reason to discontinue offering or supporting the CVV+ service for any Card. Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of the CVV+ service 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 the CVV+ service for any Card.

CVV+ may disqualify a Card from the CVV+ service 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 THE CVV+ SERIVCE OR UNDERMINE THE LEGITIMATE OPERATION OF A PAYMENT, CREDIT, OR DEBIT CARD IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND TENDER ARMOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY INDIVIDUAL OR ENTITY RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF THE CVV+ SERIVCE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE CVV+ SERVICE 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 TENDER ARMOR, LLC ON BEHALF OF ITSELF AND ITS SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE CVV+ SERVICE OR ANY CARD, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WE, ON BEHALF OF OURSELVES AND OUR SUPPLIERS, ALSO DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE CVV+ SERVICE OR ANY CARD, OR THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE CVV+ SERIVICE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OR AVAILABILITY OF THE CVV+ SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE CVV+ SERVICE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TENDER ARMOR, LLC OR ANY OF ITS AUTHORIZED REPRESENTATIVES OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY.

LIMITATION OF LIABILITY

EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL TENDER ARMOR,LLC  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 THE CVV+ SERVICE OR ANY CARD, 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 shall survive any termination of these Terms of Use.

LICENSE FOR CVV+ MOBILE APPLICATION

CVV+ MOBILE APPLICATION IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THE TERMS AND CONDITIONS OF THESE TERMS OF USE. TENDER ARMOR, LLC RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

You are granted a non-exclusive, non-sub-licensable, non-transferable, personal, limited license to install and use the CVV+ Mobile Application on your Supported iOS or Android Device solely in accordance with these Terms of Use. The license is limited to use on any Supported iOS or Android Device that you own or control and as permitted by any applicable Third Party Agreements. Such license does not allow you to use the CVV+ Mobile Application on any device that you do not own or control or for which you do not have authorization to install or run the CVV+ Mobile Application or use the entered payment, credit, or debit card, and you may not distribute or make the CVV+ Mobile Application available over a network where it could be used by multiple devices at the same time.

You may not rent, lease, lend, sell, redistribute or sublicense the CVV+ Mobile Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the CVV+ Mobile Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law ). Any attempt to do so is a violation of the rights of Tender Armor, LLC and any of its Third Party Licensors. If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages.

You agree that the CVV+ Mobile Application may be automatically updated or upgraded without notice to you. At any time, at our sole discretion and without prior notice.

The license granted hereunder is effective until terminated by you, your card issuer, or Tender Armor, LLC. Your rights will terminate automatically without notice from Tender Armor, LLC if you fail to comply with these Terms of Use or if we terminate your use of you’re the CVV+ Mobile Application.

GOVERNING LAW

These Terms of Use, your use of the CVV+ Service, and any claim, dispute or controversy arising from or relating to these Terms of Use or your use of any CVV+ Service or the CVV+ Mobile Application are governed by and construed in accordance with the laws of the State of Florida (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 Florida. Subject to the arbitration provision you expressly agree that exclusive jurisdiction for any claim or dispute with us resides in the courts of Broward County Florida and you further agree and expressly consent to the exercise of personal jurisdiction in such courts of Florida in connection with any such dispute including any claim involving us or our affiliates, subsidiaries, employees, contractors, officers, directors, agents and content providers.

MISCELLANEOUS

Your access to and use of the CVV+ Service is subject to all applicable international, 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. If a dispute relates or arises from the subject matter of these Terms of Use and relates to the CVV+ service, such dispute will be governed by the arbitration provision. The terms of this Section will survive termination of these Terms of Use, together with any other terms which by their nature the parties contemplate should survive.

 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 the CVV+ service. 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 Supported iOS or Android Device by accessing the CVV+ service. If you do not accept any revisions made to these Terms of Use, your sole and exclusive remedy is to cancel your use of the CVV+ Service, the CVV+ Mobile Application, and cancel the CVV+ service on all Card(s).

COMMUNICATION

As a condition to activating and using the CVV+ Service, you consent to receive certain messages on your Supported iOS & Android 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, posted within your online account, or through other messaging capabilities of the CVV+ Service.

To update the contact information we have on file for you, please advise your card issuer and/or the CVV+ preferences page.

Card Issuer Agreements

In addition to the CVV+ terms of use, your card issuer may have their own terms of use policy. Please contract them directly for additional information.