Version 1.06 · Effective December 4, 2024
YOUR ACCESS OF THIS MERCHANT'S PAY BY BANK PROGRAM, POWERED BY SPIRE, SERVICES AND YOUR AGREEMENT BELOW MEANS YOU HAVE ACCEPTED ALL TERMS AND CONDITIONS. IF, AT ANY TIME, YOU NO LONGER AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CALL SPIRE CUSTOMER SERVICE AT THE PAYMENT PROGRAM DESIGNATED PHONE NUMBER TO CLOSE YOUR ACCESS TO THIS MERCHANT'S PROGRAM. FOR AS LONG AS YOUR ACCESS IS ACTIVE, YOU WILL BE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS.
THIS AGREEMENT CAN BE ACCEPTED ONLY BY AN ADULT 18 YEARS OR OLDER. BY USING THIS APPLICATION, OR BY ESTABLISHING ACCESS TO THIS MERCHANT'S PROGRAM, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH SPIRE. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT ACCESS OR USE THE APPLICATION. IF YOU ESTABLISH ACCESS TO THIS MERCHANT'S PROGRAM AND YOU DO NOT MEET THE AGE REQUIREMENT, WE ARE NOT LIABLE FOR ANY OF YOUR SUBSEQUENT PURCHASES OR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, PURCHASE TRANSACTIONS.
Through this Merchant's Pay By Bank Program, Pay With Spire, Inc. ("Spire", "we" or "us"), provides access to services (collectively, the "Services") that allow you to use this Program as a method of payment ("Payment") at any of this Merchant's USA locations. In this Terms of Service, "Customer", "user" or "you" means any person using the Service.
This agreement ("Agreement") sets forth the terms and conditions that apply to the use of this website and/or mobile application on which Spire provides the Service to you. READ THIS AGREEMENT CAREFULLY. If you do not agree to these terms and conditions, you may not use this Program. Void where prohibited. Neither Apple, Inc. (App Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the Services or any contents.
By using this website or application (other than to read this agreement for the first time), by indicating acceptance of this agreement, by using this Program, by signing up for this Program, or otherwise using the services, you are entering into this agreement with Spire and agree to comply with these terms and conditions and our privacy policy. Any rights not expressly granted herein are reserved by Pay With Spire Inc.
As part of your relationship with Spire, we want to ensure you have the information you need to effectively manage your access to this Program. We are required by law to give you certain information "in writing," which means you are entitled to receive it on paper. We may, however, provide some of this information to you electronically, instead, with your prior consent. By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Electronic Communications") that Spire and this Merchant provide in connection with the Program. Electronic Communications include, but are not limited to: (a) agreements and policies you agree to (e.g., this User Terms and Conditions and the applicable Privacy Policies), including updates to these agreements or policies; (b) any periodic disclosures; (c) transaction summaries, confirmations or other information; (d) Program Access history; (e) customer service communications (such as claims of error communications); and (f) promotions, offers, or coupons. We may provide these Electronic Communications to you by emailing them to you at the primary email address listed in your Access to the Program, or by making them accessible in the Program app or applicable website. Communications will be provided online and viewable using in-app display features, browser software or .pdf files. In such cases, you will be able to print the Electronic Communication and/or have it emailed to you.
Electronic communications will be deemed received by you within 24 hours of the time such communication is posted or sent to you. You agree that if we send you an Electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Communications, we will be deemed to have provided the Electronic Communication to you. You may not be able to transact using the Program until we receive a valid, working primary email address from you. You may print or save a copy of these Electronic Communications for your records as they may not be accessible online later.
You are responsible for maintaining all software and hardware necessary for receiving, viewing and maintaining record of the Electronic Communications. By your acceptance of this Agreement, you represent that you will maintain all hardware and software necessary to receive, view and maintain (including, but not limited to saving and/or printing) any Electronic Communications provided to you. You must have: (a) a valid email address on file with us; (b) a computer, mobile device, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Electronic Communications received from us; (c) a current version an internet browser that the Program supports; (d) an internet connection; and (e) sufficient storage space to save Electronic Communications (whether presented online, in emails or .pdf) or the ability to print Electronic Communications. We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications from us.
One copy of any Electronic Communication may be provided to you without charge by contacting Spire within 90 days of the original date of the communication. You may also request paper copies of any electronic communication within 90 days of the communication by contacting Spire at the payment program designated phone number or the payment program designated email address, but we reserve the right to assess a reasonable fee for providing such paper copies after 90 days.
You may withdraw your consent to receive Electronic Communications by contacting us at the payment program designated phone number or the payment program designated email address. If you fail to provide or if you withdraw your consent to receive Electronic Communications, Spire reserves the right to either deny your application for access to the Program, or restrict or close your Program access.
Upon completion of the Enrollment Application ("Application") and acceptance by Spire, you will become eligible to use this Merchant's Pay By Bank Program, powered by Spire. Your Program access is not a bank account. Spire is not a bank, and does not offer banking or money service business ("MSB") services as those terms are defined by the United States Department of Treasury. The Services allow merchants, from whom you buy goods or services, to directly debit your bank account as payment for goods and services.
To use the Program or engage in any of the other Spire Services, you must enroll with us, in addition to any enrollment you may do with this Merchant. If you register as a Customer or otherwise use the Program, you represent and warrant to Spire that: (i) you are 18 or older; (ii) you have provided a valid and functional email address which is owned and operated by you (pseudo, relay, or hidden email addresses may not be used); (iii) your enrollment and use of the Service is not prohibited by law; (iv) the account with your mobile service provider for the mobile device on which you are using the Program is current and in good standing; (v) you will not use the Program outside of the United States or Puerto Rico, for international transfers, or for any transaction requiring payment in foreign currency; and (vi) you have provided true, accurate, current and complete information about yourself as prompted by the Application (such information being the "Enrollment Data") and maintain and promptly update such information to keep it true, accurate, current and complete. For your convenience, some of this data may be pre-populated by this Merchant, but you must review and correct it if/as applicable. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Spire has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, Spire has the right to suspend or terminate your enrollment, or your access to the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, you agree to comply with all applicable federal, state and local laws, rules and regulations. You will maintain the security of your access, take responsibility for all activities that occur using your access, and accept all risks of unauthorized access resulting from your acts or omissions. You shall not share your phone, password, PIN or any of your credentials used for Spire Services nor use the Service through using the enrollment of any third party. You should not allow anyone else to access, use or borrow your Program access. Your enrollment, and this Agreement, is personal to you, and is not transferrable by you to any third party without the prior written consent of Spire.
You further represent that you will create and/or use only one checking account and are thereby entitled to the benefits of only one Program access when using the Spire Payment or Service(s). This checking account must be a consumer account and must be able to accept ACH debits and credits from your financial institution. Any creation of additional access device(s) for this Merchant's Program shall be considered a violation of this Agreement. By registering for Spire, you hereby agree to all fees and penalties that may be applied to your Program usage in the event Spire deems your use of the Program as a violation of this Agreement, or in any way against the intended purpose or interest of the Services, as well as immediate termination of your Program Access(s). You understand and agree that Spire may choose to employ a collection agency or other business in an effort to collect any outstanding debts or fees associated with your usage, and you will not contest the use of a third party to collect the fees owed to Spire.
You agree that you will be responsible for any legal, court, or collection agency fees associated with rectifying your Program usage and all monies owed thereunder. You agree that Spire, or any agency or business employed by Spire, has the right to contact you via telephone, email or in-person using the information you provided upon enrollment or during any contact with Spire, in an effort to collect any monies and fees owed as a result of your access, whether specifically referenced in this Section or not, and such contact may be made in a manual or automated fashion.
In order to use the Program at a point of sale terminal, you must have a compatible mobile device operating system that meets the specifications established by Spire in its sole discretion. Compatible mobile device operating systems may be established by Spire from time to time, but as of the effective date of this Agreement, compatible mobile device operating systems include Apple iOS and Android operating systems. A mobile device that has been modified contrary to the manufacturer's or mobile service provider's software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. "jailbreaking"), is not a compatible device with the Program for purposes of this Agreement. The use of any modified mobile device with the Program is a violation of this Agreement and is grounds for the immediate termination of your Program access by Spire without notice to you, in Spire's sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g. AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace for the Program (e.g. Apple, Inc., or Google, Inc. (Android)), and this Agreement does not amend or supersede any of those separate agreements. You must comply with applicable third party terms when using the Program.
When enrolling in the Program, you are authorizing Spire, authorized vendors, and designees to verify your identity, verify your bank account, verify your equipment, and confirm you are the owner of the bank account that you would like to use. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, mobile number, or financial accounts, and verifying your information against third party databases or through other sources. This process is for identity verification purposes.
There are two ways of verifying your bank information: Instant Account Verification which uses methods such as entering your banking credentials from participating banks or, alternatively, Spire can apply one or more challenge deposit/withdrawal transactions to a checking account you specify and subsequently ask you to verify those transaction amounts. Where applicable, when enrolling using one of the Instant Account Verification options:
(i) You authorize your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to disclose your mobile number, name, address, email, ACH or credit card information, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, to Spire to allow verification of your identity, to compare information you have provided to Spire with your wireless operator account profile information, and to autofill this form with your mobile operator account profile and payment information, for the duration of the business relationship. Spire will store your information throughout the tenure of our business relationship. See our Privacy Policy for how we treat your data.
(ii) You also hereby grant Spire or its authorized vendor(s) a limited power of attorney, and you hereby appoint Spire and its authorized vendor(s) as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN SPIRE OR ITS AUTHORIZED VENDOR(S) ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, SPIRE AND/OR ITS AUTHORIZED VENDOR(S) ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE MERCHANT OR ANY THE THIRD PARTY.
(iii) You understand and agree that the methods by which Spire will verify you and your information through Instant Account Verification are not endorsed or sponsored by any third party account providers used in the process. You are licensing to Spire or its authorized vendor(s) any information, data, passwords, materials or other content (collectively, "Content") you provide or that is obtained on your behalf through or to the verification process. As between Spire or its authorized vendor(s), Spire owns your confidential account information. You agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the verification or enrollment process.
Additionally, Spire may share data with third parties to verify your identity and authenticate information presented during enrollment. This may include sharing data to prevent actual or potential fraud or fraudulent activity. See Spire's Privacy Policy for how Spire treats your data.
By agreeing to this Agreement, you are authorizing Spire, its merchants, third party payment processors or other authorized vendors, and designees, to initiate Automated Clearing House (ACH) debit and credit entries to your account at the depository institution designated in the Application and to debit or credit such account on behalf of the Merchant, for the verification of your checking account, or to collect any debts or fees owed under this Agreement. You can only use this service to pay for goods and services purchased at authorized merchants.
You understand that ACH transactions may take several days to post to your bank account. When you conduct this type of transaction, you are responsible for ensuring that the funds are available at the time the transaction is conducted and processed (posts) to your account.
You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You also authorize Spire and its authorized vendors and designees to provide transaction history information to the Merchant.
If you enroll in the Program, you represent and warrant that you have authority to make withdrawals from and otherwise authorize debits and credits to the checking account designated in the Application. In the event that your bank does not allow electronic transactions, you authorize us or our authorized vendor(s) or designee(s) to convert the electronic transaction data to a paper draft for presentment to your bank. If any payment is returned for any reason (including NSF, Account Closed/Frozen, stop payment, account not found, etc.), you agree to pay Spire or its designee the amount of any ACH which is returned, plus the amount of the returned ACH fee and sales tax, as applicable per state law, along with any other applicable fees. You also agree to pay Spire or its designee a service charge for each ACH returned for any reason, equal to an amount up to the maximum fee under applicable state law or, if there is no maximum established by applicable state law, $35, which amount you agree is a reasonable minimum service charge.
We may share data with third parties to verify your identity and the validity of the data presented during enrollment. By accepting this Agreement, you are authorizing us or our authorized vendor(s) to access information from third parties to verify your identity, to prevent fraud, and to authenticate information used to subscribe to the Program in accordance with our Privacy Policy.
If offered by the Merchant and upon your request, Spire hereby agrees to provide you with a plastic access device for the Services as outlined in this Agreement and in accordance with the terms outlined herein. The plastic access device shall remain the property of Spire and is issued solely for your use as the authorized user named herein. Spire reserves the right to deactivate or suspend the plastic access device at any time and for any reason deemed necessary by Spire, without liability. You acknowledge receipt of the plastic access device and agree to use it solely for its intended purpose and in accordance with the terms and conditions set forth in this agreement. You further agree not to transfer, assign, or otherwise dispose of the plastic access device to any third party without prior written consent from Spire.
This Agreement and your submission of data through enrollment, and use of the Program are governed by our Privacy Policy (the terms of which are incorporated herein). In certain circumstances, we may be collecting and securely storing some of your personally identifying information, including your location and Geographic Information Systems ("GIS") data. Please review the Privacy Policy to learn more about how we hold or may use your personal information. We urge you to read this policy now and revisit it later at your convenience, because the policy is updated from time to time. To the extent there is a conflict between the terms of the Privacy Policy and these Terms, these Terms govern.
Spire grants you a personal, limited, non-exclusive, revocable, non-transferable, royalty-free license, without the right to sublicense, to access and use the Program in accordance with this Agreement (the "License"). This License includes use of Spire's Services through the Program app, and any software, programs, documentation, tools, internet-based or mobile-based services, components, and any updates, including, but not limited to, software maintenance, service information, help content, bug fixes and maintenance releases provided by Spire. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the Spire Property, or any portion of the Spire Property, is strictly prohibited without the prior written permission of Spire.
You agree that you will not, and will not permit any third party to: (a) access or monitor any material or information in the Program using any manual process or robot, spider, scraper or other automated means; (b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, loan or distribute any material or information provided to you by Spire; (c) take any action that could compromise the security of the Program; (d) decompile, disassemble, reverse engineer or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of the Program; or (e) impose an unreasonable or disproportionately large load on Spire's infrastructure.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Program, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of the Program.
You agree not to use the Program to: (i) distribute e-mail, instant messages, text messages or other communications in an illegal manner including but not limited to creating or sending hoax e-mail or chain e-mail, sending unsolicited commercial e-mail or bulk e-mail (aka spam or spamming), harvesting e-mail addresses, using open proxies or relays to allow spamming, impersonating someone else (aka spoofing) or falsifying message header information; (ii) gain unauthorized access to computer systems or engage in security attacks of any kind; (iii) corrupt, modify or intercept electronic communications intended for any other person or entity; (iv) interfere with or disrupt the operation of the Program; (v) conduct or engage in any illegal business or activity, infringe any third party intellectual property rights; or (vi) use the Program for eligibility determinations regarding consumers for credit, insurance, employment, or any other "permissible purpose" as defined in Section 604 of the Fair Credit Reporting Act ("FCRA").
Much of the text, images, sound, music, marks, logos, compilations and other content on the Program mobile application (collectively, the "Site Content"), and software embodied in the mobile application or otherwise used by Spire to deliver the Service ("Software"), is proprietary to us or to third parties and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited.
The mark "Spire" and the Spire logo are trademarks of Spire, and they may not be used in connection with any service or products other than those provided by Spire, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Spire.
(a) Through the Program, Spire can be used as a method of payment for goods or services offered by Merchant locations, and/or for access to coupons, discount program(s), and/or marketing communications. You must have enrolled with us to engage the Program and/or available promotions. When you engage in the Program or Promotions, you are bound by this Agreement and any other program-specific Terms.
(b) Transaction types and limitations: You may only use the Program to pay for purchases at approved merchants. For security reasons, limits may be placed on the dollar amounts of individual transactions allowed on your use of the Program, the frequency of those transactions and/or on the cumulative dollar amounts of all transactions over a rolling day basis allowed on your Program access. These limitations may change from time to time at our sole discretion.
(c) Any coupon or discount program is specific to the issuer and/or merchant, and (unless otherwise noted therein) any corresponding Promotions (defined hereinafter) may not be used for goods and services from any other issuer and/or merchant. The issuer is solely responsible for all aspects of the coupons and/or discount program. You acknowledge that Spire is not responsible for redeeming Promotions, or for any matter relating to the coupons or discount program or the Service in general.
(d) The Service is subject to the following conditions: (i) Any fraudulent use of the Program or promotions in violation of this Agreement renders the payment void. (ii) Unless expressly allowed by the merchant, Promotions cannot be combined with any other offers, certificates or promotions. (iii) Promotions may only be applied to goods or services sold by the merchant, and may not be applied to delivery, processing or handling fees. (iv) The Promotion is only available until the expiration date specified within the Service, or until issuer and/or merchant cancels the Promotion. (v) The Promotions are valid only to the extent redemption is permitted by law.
The mobile application may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by Spire. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
We are pleased to hear from you and welcome your comments about the Program. If you submit ideas or suggestions for the Program, the comments will be deemed, and will remain, our sole property. None of the comments will be subject to any obligation of confidence on the part of Spire, and Spire will not be liable for any use or disclosure of any comments. Without limiting the foregoing, we will be entitled to unrestricted use and other exploitation of the comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the comments.
You grant Spire or those third party service providers acting on Spire's behalf, express written consent to receiving autodialed and prerecorded message calls, text messages or push notification alerts from Spire at any mobile telephone number you provide to Spire, regardless of your enrollment of your mobile device number on any state or federal "do not call" registry. Your express, written permission applies to messages and alerts regarding the Program and any additional Services that Spire provides. By providing your email address to Spire, you agree that Spire, or those Third Party Services providers acting on Spire's behalf, may e-mail you Program enrollment information, electronic transaction summaries and related information, and Program use information, customer service, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing the Program to you regardless of your registration of your email address on any state or federal "do not email" registry. With regard to any text messages, alerts or email relating to the Program, Spire will not include any full account numbers, access codes or similar non-public personal information in such message.
If we delay or do not complete a transfer from your account in the correct amount according with our agreement with you, our liability shall be limited to your direct damages. However, there are some exceptions. To the extent allowed by law, we, the Merchant and the merchants, will not be liable for indirect damages, consequential damages (including lost profits), extraordinary damages, special or punitive damages including, without limitation, lost profits or attorney's fees, even if we are advised in advance of the possibility of such damages. We, and the merchants, will not be liable, for instance:
(a) If, through no fault of ours, you do not have enough money in your account to make the transfer;
(b) If a merchant refuses to accept your Program access;
(c) If an electronic terminal where you are making a transaction does not operate properly;
(d) If your Program access has been blocked, such as when you have unpaid transactions under this Agreement, transaction limitations are in place, or after you reported your phone, other access device or credentials are lost or stolen;
(e) If there is a hold or your access is restricted because of a legal process or other encumbrance restricting its use;
(f) If we have reason to believe the requested transaction is unauthorized;
(g) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken.
Except for any other remedy described herein, your sole and exclusive remedy, and Spire's and Merchant's sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at Spire's option) to remedy the failure or to give a credit to you of the amount owed.
Spire does not warrant that the Program or Spire Property will operate error-free or without downtime. We may pause or interrupt the Program at any time, and users should expect periodic downtime for updates to the Program. Because we do not control the security of the Internet, or other networks you use, Spire is not responsible for the security of information that you choose to communicate with Spire or the merchant while it is being transmitted. Additionally, Spire is not responsible for any data lost during transmission.
THE PROGRAM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PROGRAM, IS PROVIDED ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. WE DO NOT AND CANNOT WARRANT THAT THE SYSTEM WILL OPERATE WITHOUT ERRORS, OR THAT ANY OR ALL SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPIRE AND ITS AFFILIATES MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM SPIRE OR ANY MERCHANT OR ANY OF OUR VENDORS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO ANY PROGRAM, SPIRE PROPERTY, ANY INCENTIVES ANY GOODS AND SERVICES PURCHASED, EVEN IF SPIRE OR SUCH MERCHANT HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
SPIRE'S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH THE PROGRAM OR ANY DISCOUNT PROGRAM, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE AMOUNT OF THE TRANSACTION IN QUESTION PLUS $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
You must notify Spire immediately if you believe your phone or other access device has been lost or stolen, or if you believe your password, passcode, PIN, or any of your credentials used for the Program have been lost, stolen or compromised. Telephoning is the best way of keeping your possible losses down.
Also, if your statement provided by the financial institution holding your account shows transfers made with your Program access or using your User ID or PIN/password that you did not make, tell us at once. If the state in which you established your Program access provides for limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.
(a) Contact in event of unauthorized transfer: If you believe your phone, password, PIN or any of your credentials used for the Program have been lost, stolen, or compromised call the payment program designated phone number or write the payment program designated email address.
(b) Business days: For purposes of these disclosures, our business days are (Monday through Friday). US holidays recognized by the Federal Reserve are not included.
Reimbursement, where applicable, shall be your sole and exclusive right and remedy for any Damages incurred by you arising out of, in connection with, or relating to any fraudulent use or suspected fraudulent use, and any payment of any fraud reimbursement amount will be conditioned on your signing an agreement in a form acceptable to us releasing us from any further claims with respect thereto. You agree not to knowingly flag false fraudulent claims, or knowingly report any false claims of fraudulent use.
IF YOUR PHONE, PASSWORD, PASSCODE, PIN OR ANY OF YOUR CREDENTIALS USED FOR THE PROGRAM ARE LOST, STOLEN, OR COMPROMISED, OR YOU WISH TO SUSPEND OR CANCEL YOUR PROGRAM ACCESS, NOTIFY US AT ONCE BY CALLING THE PAYMENT PROGRAM DESIGNATED PHONE NUMBER.
You acknowledge that Spire provides the Program, powered by Spire to a Merchant, and that Merchant, and not Spire, is responsible for the redemption of the Promotions and the quality of the goods and services supplied. You hereby release Spire from any and all claims and liability related to any goods or services of the Merchant and any act or omission of any other user of the Program.
You acknowledge that you are aware of the following provisions of section 1542 of the California Civil Code: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You expressly and voluntarily waive each and all claims, rights, or benefits you have or may have, whether such claims are currently known, unknown, foreseen or unforeseen, under section 1542 of the California Civil Code, or any other similar law of any other jurisdiction.
You agree to indemnify Spire, its designees and your bank concerning the release by the bank to Spire or its designees of any information regarding your bank account(s).
Should legal action be required to collect any outstanding balance, you agree to pay all costs of collection, including attorney's fees, to Spire or its designee.
As applicable, you will indemnify, defend and hold harmless Spire, its affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors and other representatives (each collectively, the "Indemnified Parties") from and against any and all claims, demands, causes of action, debts, losses, liabilities, damages, judgments, settlements, tax assessments, penalties, interest, and expenses, including reasonable attorneys' fees, arising out of, related to, or which may arise from: (a) your use of the Program; (b) your actual or alleged breach of or non-compliance with any term of this Agreement; (c) your violation of any right of a third party in connection with your use of the Program; (d) your negligence or violation or alleged violation of any federal or state law, rule or regulation; or (e) any other party's access and/or use of the Program with your login credentials.
ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH THE PROGRAM MUST BE DIRECTED TO SPIRE, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT.
We are responsible for the Program and for resolving any errors in transactions made using the Program. Spire will not be providing you with regular or periodic statements regarding your transactions. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE THE PROGRAM, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM THE FINANCIAL INSTITUTION HOLDING YOUR ACCOUNT, YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call us at the payment program designated phone number or write us at the payment program designated email address. We must hear from you no later than 60 days after your financial institution sent you the FIRST statement on which the problem or error appeared.
(a) Tell us your name, email and phone number associated with your access.
(b) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(c) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly if you have not been credited by your financial institution. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we may credit your account within 10 business days for the amount you think is in error. For errors involving new enrollments, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
If you make a claim seeking a refund or provisional credit from us, you warrant and represent that you have not made a claim for the same transaction or received a payment or refund from any other party including but not limited to your depositary financial institution or a merchant. If you have received a payment or refund from any other party and you also receive a payment or refund for the same transaction from us, you hereby authorize us to immediately reverse the payment or refund given to you by Spire.
The Services allow merchants to debit your account at your bank. The enrollment and the Service is not offered by the financial institution (your "Bank") that maintains the deposit account that you have linked to your Program access. The terms, benefits, and protections associated with your Program access may vary from those that apply to a debit card issued by your Bank. For example, if you use your Program access to make a purchase that exceeds the balance in the deposit account that you linked to the Program access, that account may become overdrawn even if you chose not to allow overdrafts with respect to a debit card issued by your Bank, and you may incur associated overdraft fees. Similarly, the liability limits applicable to the Program access may be different from those applicable to a debit card issued by your Bank. Please see Section 13 for an explanation of your liability when using the Program.
Spire may change, modify or amend this Agreement by providing you notice of such change by Electronic Communication. Such changes will become effective 24 hours after being posted or sent to you. Your continued use of the Program after the effective time of any such changes will constitute your acceptance of the changes. In the event you do not agree with any such changes, your sole and exclusive remedy is to terminate your use of the Program by calling Customer Care and deactivating your Program access. Ceasing to use the Program or removing the Program mobile app from your device will not terminate the Program access. In order to terminate the Program, your Program access must be closed.
Spire reserves the right to suspend your password and/or access to the Program at any time if it believes you are in breach of this Agreement. If you use the Program, you shall be bound by the version of the Agreement in effect at the time of your purchase. You are under an obligation to review the current version of this Agreement and other published Spire policies before using the Program.
Spire reserves the right to deny enrollment, suspend your password and/or access to the Program, or terminate your Program access if Spire believes in its sole discretion that there are reasonable grounds for suspecting that you have: (a) acted in a manner inconsistent with the applicable local or federal laws, regulations or ordinances; (b) breached or violated any of Spire's terms and conditions; (c) engaged in any fraudulent or dishonest behavior, theft, misconduct, or wrongdoing in connection with the Program; (d) engaged in abusive, fraudulent, inappropriate, offensive or hostile conduct, whether it be physical or verbal in nature, towards Spire or any of its employees or contractors; (e) failed to pay any amounts that you owe Spire; (f) if information you have provided has been reported as, or is suspected to be, fraudulent or compromised; or (g) if you have not accessed the Program in a period of time.
If your Program access is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Program, (c) that the license provided by Spire under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the user data stored by Spire, (e) that Spire shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of the Program or for termination of access to the Program, and (f) you will remain liable for all payment transactions and other fees you initiated prior to the time of termination.
Where applicable, Spire reserves the right to terminate or suspend access privileges associated with the plastic access device at any time and for any reason, without prior notice, if deemed necessary for security reasons or violation of the terms and conditions.
This Agreement constitutes the entire agreement between you and Spire governing your use of the Program and supersedes any prior agreements between you and Spire relating to that subject matter.
You agree that any claim or dispute arising in relation to this User Terms and Conditions, between the you and Spire, its Designees, their parents, subsidiaries, and/or affiliates, including but not limited to claims arising out of an attempt to collect any outstanding balance, but not including any claim properly brought by any party in small claims court, shall be resolved exclusively through binding arbitration pursuant to the Federal Arbitration Act to be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and Consumer Minimum Standards or by an equivalent arbitration administrator pursuant to its applicable rules.
This Agreement is governed and interpreted under the laws of the State of New York, United States of America, without giving effect to the conflicts of laws provisions of any jurisdiction. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of New York, United States of America, in all questions and controversies arising out of this Agreement or related to your use of the Service.
TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted assignment will be deemed void. Spire reserves the right to assign this Agreement its rights and obligations hereunder to any third party without notice to you. This Agreement will be binding and inure to the benefit of the Parties hereto and their successors and permitted assigns.
The failure of Spire to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
Without limiting the applicability of the terms of Section 13, Spire and its Third Party Service Providers shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet or mobile network disturbances.
The terms of this Agreement which are expressly, or by implication, intended to continue in force notwithstanding the termination of this Agreement or your termination of use of the Program for any reason, will survive termination or expiration of this Agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Program must be filed within one year after such claim or cause of action arose or be forever barred.
The provisions of this Agreement are entered into for the benefit of Spire, its third party licensors, designees, and the merchants and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests.
You acknowledge and agree that Spire's Designees have third party enforcement rights under the agreement applicable to the utilization of EFT and check processing services, including assignment of debt in connection with ACH transactions. Except as stated in this section, there shall be no other third party beneficiaries to this Agreement.
This Agreement may be executed electronically, and your electronic assent or use of the Program shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a "signing" for all purposes. You further acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), and that you and Spire both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.