Biometric Consent Agreement

Important Notices:

  1. (1) CAREFULLY READ THE TERMS OF THIS BIOMETRICS CONSENT AGREEMENT ("AGREEMENT") BEFORE AGREEING TO LOG IN TO YOUR ACE FLARE ACCOUNT CENTER USING Apple Touch Id® OR FINGERPRINT AUTHENTICATION ON ANDROID ("BIOMETRIC SERVICES" OR "FINGERPRINT LOGIN").
  2. (2) IF YOU DO NOT AGREE WITH THESE TERMS YOU SHOULD NOT ENABLE FINGERPRINT LOGIN TO ACCESS YOUR ACE FLARE ACCOUNT CENTER.
  3. (3) THIS AGREEMENT MAY BE AMENDED OR OTHERWISE MODIFIED FROM TIME TO TIME, AS INDICATED BY THE "LAST MODIFIED" DATE APPEARING AT THE END OF THIS DOCUMENT. YOUR CONTINUED USE OF BIOMETRIC SERVICES TO ACCESS YOUR ACE FLARE ACCOUNT CENTER FOLLOWING A MODIFICATION WILL CONSTITUTE YOUR CONSENT TO THE MODIFIED TERMS (EXCEPT TO THE EXTENT OTHER NOTICE OR CONSENT IS REQUIRED BY LAW). IF YOU DO NOT AGREE WITH THE MODIFIED TERMS, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF FINGERPRINT LOGIN TO ACCESS AND USE YOUR ACE FLARE ACCOUNT CENTER.

Throughout this Agreement, "we" and "Netspend" refers to Netspend Corporation, its direct and indirect subsidiaries and affiliates. "ACE Flare App" refers to the application installed on an Apple or Android device to enable access and use of the ACE Flare account center. "App" refers to the application on your device enabling Fingerprint Login.

  1. Fingerprint Login. Enabling Fingerprint Login allows you to use your fingerprint instead of your username and password to access and use the ACE Flare App if your device is equipped with fingerprint login functionality. In order to use Fingerprint Login to access and use the ACE Flare App, you need to first enable fingerprint login functionality on the device through its "Security" settings. BY SPECIFICALLY ENABLING FINGERPRINT LOGIN TO THE ACE FLARE APP, YOU ARE ALLOWING AND AUTHORIZING ANYONE WHOSE FINGERPRINT IS STORED ON YOUR DEVICE TO ACCESS THE ACE FLARE APP, VIEW YOUR ACE FLARE ACCOUNT INFORMATION, AND MAKE ACE FLARE ACCOUNT TRANSACTIONS . ACCORDINGLY, YOU WILL BE RESPONSIBLE FOR SUCH TRANSACTIONS EVEN IF YOU DID NOT MAKE THEM, OR EVEN KNOW ABOUT THEM. THEREFORE, IT IS STRONGLY RECOMMENDED THAT YOU NOT ENABLE FINGERPRINT LOGIN FOR THE ACE FLARE APP IF ANYONE OTHER THAN YOU HAS A FINGERPRINT STORED ON YOUR DEVICE. BY AGREEING TO THESE TERMS AND ENABLING FINGERPRINT LOGIN FOR THE ACE FLARE APP, YOU ARE AUTHORIZING ANYONE WITH A FINGERPRINT STORED ON YOUR DEVICE TO MAKE ACCOUNT TRANSACTIONS ON YOUR BEHALF, FOR WHICH YOU WILL BE LEGALLY RESPONSIBLE, AND REPRESENTING TO US THAT ANY SUCH PERSON HAS PROPER AUTHORITY TO MAKE SUCH TRANSACTIONS ON YOUR BEHALF. Note that we do not have access to your fingerprint. For more information on how the device manufacturer or operating system provider uses and stores fingerprints, refer to those companies' privacy policies and/or security guidelines. Fingerprint technology is provided by such manufacturers and providers, and accordingly we are not responsible for any malfunctions or errors.
  2. Modification, Suspension and Discontinuation. Netspend reserves the right to change, supplement, modify (including without limitation appearance), or suspend, limit, remove, disable or permanently discontinue your access to or use of the Biometric Services associated with the ACE Flare App at any time without notice or liability.
  3. Support. Netspend is under no obligation to provide to you with any updates, upgrades, new versions, or new releases, to correct any bugs or errors in the App or Biometric Services, or to otherwise provide support for the App.
  4. Liability Limitation. TO THE EXTENT NOT PROHIBITED BY LAW, NETSPEND AND ITS DIRECT OR INDIRECT SUBSIDIARIES, AFFILIATES, AGENTS, EMPLOYEES AND REPRESENTATIVES ACCEPT NO RESPONSIBILITY OR LIABILITY WHATSOEVER ARISING FROM OR IN ANY WAY CONNECTED WITH THE USE OF THE APP OR THE BIOMETRIC SERVICES. NETSPEND SHALL NOT BE LIABLE TO YOU FOR ANY ERRORS OR OMISSIONS IN THE APP OR THE BIOMETRIC SERVICES, OR FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES, INCLUDING LOST PROFITS AND LOST DATA, ARISING FROM OR RELATED TO THIS AGREEMENT, THE APP, OR THE BIOMETRIC SERVICES, EVEN IF NETSPEND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, NETSPEND WILL NOT BE LIABLE FOR THE ACCURACY, COMPLETENESS, ADEQUACY, TIMELINESS, OR COMPREHENSIVENESS OF THE BIOMETRIC SERVICES. NETSPEND'S TOTAL, CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS AGREEMENT, THE APP, OR THE BIOMETRIC SERVICES IS LIMITED TO FIFTY DOLLARS ($50.00). The foregoing limitations will apply even if the above stated remedy fails its essential purpose. Certain jurisdictions do not permit the limitation or exclusion of incidental damages, so this limitation may not apply to you. Netspend also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your device or other property on account of your access to or use of the App or Biometric Services.
  5. Governing Law, Jurisdiction. Your use of the App is governed by, construed and enforced in accordance with the laws of the State of Texas, USA and applicable federal law without regard to conflicts of laws principles.
  6. Questions. For all customer service questions related to your ACE Flare account, please call the telephone number printed on the back of your card.

Apple and Touch ID are trademarks of Apple Inc., registered in the U.S. and other countries.