Biometric Consent Agreement
Important Notices:
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Carefully read the terms of this biometric consent agreement ("agreement") before agreeing to log in to your ACE Flare Account Center using
Apple
Touch ID® or Face ID®, Android’s Fingerprint Authentication, or any other mechanism of
identifying a person using their physical characteristics, including,
but not limited to fingerprints and facial recognition ("Biometric Login").
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If you do not agree with these terms you should not enable Biometric
Login to access your mobile app.
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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 Login 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 Biometric 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. "Mobile App" refers to the application installed on an Apple or Android device to
enable access and use of the Online Account Center associated with your
Netspend serviced account. "App" refers to the application on your device enabling Biometric Login.
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Biometric Login. Enabling Biometric Login allows you to use your
fingerprint, facial, or other physical character recognition instead of
your username and password to access and use the
Mobile App if your device is equipped
with Biometric Login functionality. In order to use Biometric Login to
access and use the Mobile App, you need to first enable Biometric Login
functionality on the device.
By specifically enabling Biometric Login to your mobile app, you
are allowing and authorizing anyone whose biometric identification
is stored on your device to access the mobile app, view your
Netspend account information, and make Netspend 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 Biometric
Login for the mobile app if anyone other than you has a Biometric
Login stored on your device.
By agreeing to these terms and enabling Biometric Login for the mobile
app, you are authorizing anyone with biometric data 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 biometric data. For more
information on how the device manufacturer or operating system provider
uses and stores biometric data, refer to those companies’ privacy
policies and/or security guidelines. Biometric technology is provided by
such manufacturers and providers, and accordingly we are not responsible
for any malfunctions or errors.
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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 Login associated with
the Mobile App at any time without notice or liability.
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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 Login, or to otherwise provide
support for the App.
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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 Login. Netspend shall not be liable to you for any errors or
omissions in the app or the Biometric Login, 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 Login, 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 Login. Netspend’s total, cumulative
liability arising from or related to this agreement, the app, or the
Biometric Login 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 Login.
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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.
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Questions. For all customer service questions related to your
Netspend 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.