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Terms and Conditions

Terms and Conditions

Thank you for using your Security Federal Bank card.  These Digital Wallet Terms and Conditions (these “Terms and Conditions”) apply when you choose to enroll your eligible debit or credit cards issued by Security Federal Bank (each, a “Card”) in a third-party mobile payment system, such as Apple Pay, Samsung Pay, or Google Wallet (each, a “Mobile Payment System”).

Please read these Terms and Conditions carefully.  By creating, activating or using your Mobile Card (defined herein), you accept and agree to be bound and abide by these Terms and Conditions.

If you do not agree to these Terms and Conditions, do not create, activate or use a Mobile Card.

Relationships

Security Federal Bank does not own, operate or control any third-party Mobile Payment Systems.  We are not responsible for any information or other services provided to you by third-party Mobile Payment Systems or any third parties associated with their services.  You understand that your use of a third-party Mobile Payment System will be subject to agreements or terms of use with the third-party Mobile Payment System. 

Your enrollment in a third-party Mobile Payment System does not impact any other agreement we have with you.  The Terms and Conditions of Your Account provided to you at account opening and amended from time to time remain in full force and effect.  If a third-party Mobile Payment System’s terms and conditions conflict with the Terms and Conditions of Your Account with Security Federal Bank, the Security Federal Bank Terms and Conditions of Your Account will govern the transactions posted to your Security Federal Bank account(s).

Eligibility

You can add an eligible Card to the third-party Mobile Payment System by following instructions of the Mobile Payment System.  Only Security Federal Bank Cards that we indicate are eligible may be added.  Security Federal Bank, in its sole discretion, determines which Cards are eligible to be used with the Mobile Payment System.  If your Security Federal Bank Card or underlying account is not in good standing, that Card will not be eligible to enroll in a third-party Mobile Payment System.  The third-party Mobile Payment System may not be accepted at all places where your Card is accepted.

Device Eligibility

The Mobile Payment Systems enable you to create virtual representations of your Cards (collectively, “Mobile Cards”) on an eligible device to make (i) contactless payments at merchants’ contactless-enabled point-of-sale terminals or readers that accept contactless payments using a virtual representation of your Card (in lieu of you presenting your physical Card) and (ii) in-app or other digital commerce payments at merchants participating in the Mobile Payment System.  You are required to have an eligible device (a “Supported Device”) in order to use this service.  The Mobile Payment System, in its sole discretion, determines which devices are eligible to be used with the Mobile Payment System.  Devices which have been unlocked in an unauthorized fashion (“jail-broken”) or otherwise modified are not eligible to use the Mobile Payment Systems.

You acknowledge that use of an ineligible mobile device with a Mobile Payment System is expressly prohibited, constitutes a breach of these Terms and Conditions and is grounds for us to temporarily suspend, permanently terminate, or otherwise deny further access to your Card in the Mobile Payment System.  We are not liable to you for the effects (third party or otherwise) of such termination or suspension.  For a complete list of eligible devices that support Apple Pay, please see: https://www.apple.com/apple-pay/.  For a complete list of eligible devices that support Samsung Pay, please see: http://www.samsung.com/us/samsung-pay/.  For a complete list of eligible devices that support Google Wallet, please see: https://www.google.com/wallet/faq/.

Use of Your Mobile Cards

When you select a Card to use with a Mobile Payment System, certain account information for the Card will be transmitted to and stored according to the Mobile Payment System and Card network procedures and systems for the Supported Device to facilitate your participation in the Mobile Payment System.  Once the account information for a Card has been stored in accordance with the Mobile Payment System procedures, it is represented by a Mobile Card within the Mobile Payment System.  By selecting a Mobile Card and placing your Supported Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using that Mobile Card for an in-app purchase, you are authorizing the payment for the merchant’s products or services with that Mobile Card through the Mobile Payment System.  To complete transactions above a certain dollar amount, merchants may require presentation of a physical companion card or a government-issued form of identification for inspection to authenticate your identity.  Once created, a Mobile Card may work even if you do not have wireless service.

Mobile Payment Systems also provide you access to information related to the Cards that have been added to your Supported Device.  This may include information about card cancellation or suspension due to issues such as an expired card, detection of fraud or past due payments.

Purchases or other transactions you make with any of your Cards are governed by the card member agreement for the Card you used to create your Mobile Card.  If a problem arises with the product or service you purchased through use of the Mobile Card, you first should try to resolve the problem directly with the merchant, but you may also have rights under your card member agreement or otherwise under applicable law.

Charges

We do not currently charge any fee for your use of a third-party Mobile Payment System.  Please review the Terms and Conditions of Your Account and applicable schedules of rates and charges for any applicable fees, interests, or other charges associated with your Account.  You understand, however, that your third-party agreements may contemplate fees, limitations, and restrictions which might affect your use of any of your Mobile Card(s) (such as data usage or text messaging charges imposed on you by your wireless carrier).  You agree you are solely responsible for all such fees and agree to comply with such limitations and restrictions.

We reserve the right to institute charges for account access or for additional transactions or features in the future, but only after written and/or electronic notification to you at least 30 days in advance of the date such charges will take effect.

Privacy

When creating your Mobile Card, we collect certain information from the Mobile Payment System to verify your identity, to enable you to use a Mobile Card and facilitate your participation in the Mobile Payment System.  You authorize us to collect, use, and share your information with the third-party Mobile Payment System, the applicable payment network, and others in order to provide the services you have requested, to make information available to you about your Security Federal Bank transactions, and to improve our ability to offer these services.  This information helps us to add your Card to the third-party Mobile Payment System and to maintain it.  We do not control the privacy and security of your information that may be held by the third-party Mobile Payment System and that is governed by the privacy policy given to you by them.  To facilitate your participation, also note that we will make certain account information relating to each Card you have selected to use with the Mobile Payment System available for display, including your most recent transaction data, but not your full Card account number.  You may decline to have the transaction data made available for display and still use the Mobile Payment System, but you must turn off this feature manually through the Mobile Payment System.  You agree that we may also collect and use technical data and related information, including, but not limited to technical information about your Supported Device gathered periodically to facilitate the updates to our services.  We may use this information as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.

You understand and acknowledge that third parties, such as Apple, Samsung, Visa, and/or MasterCard will have access to certain details regarding eligible Card transactions made using the Mobile Payment System.  You understand that information that is provided to or held by third parties in relation to the Mobile Payment System is outside the control of Security Federal Bank.  As stated earlier, Security Federal Bank is not responsible for the Mobile Payment System or any other services offered by your wireless carrier or any third party.  Accordingly, any information you provide to the Mobile Payment System or another third party through the Mobile Payment System, or that is collected or accessed by the Mobile Payment System in the course of your use of a Mobile Card or Mobile Payment System, is subject to third party agreements, and is not governed by Security Federal Bank’s Privacy Disclosure or these Terms and Conditions.

License for Any Mobile Card

A MOBILE CARD IS LICENSED, NOT SOLD, TO YOU FOR USE ONLY UNDER THESE TERMS AND CONDITIONS.  SECURITY FEDERAL BANK RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU.

You are granted a non-exclusive, non-sublicensable, non-transferable, personal, limited license to install and use the Mobile Card on your Supported Device solely in accordance with these terms.  The license is limited to use on any Supported Device that you own or control and as permitted by any applicable third-party agreements.  Such license does not allow you to use the Mobile Card(s) on any device that you do not own or control (or for which you do not have authorization to install or run the Mobile Payment System or the Mobile Card, such as where prohibited by applicable security policies in the case of corporate users), and you may not distribute or make any Mobile Card available over a network where it could be used by multiple devices at the same time.

Certain software that Security Federal Bank uses to provide the Mobile Card(s) has been licensed from third parties (each a “Third Party Licensor”) that are not affiliated with Security Federal Bank.  This limited right to use such software is revocable at the discretion of Security Federal Bank.  Security Federal Bank and its third-party licensors retain all right, title and interest in and to the software used by Security Federal Bank to provide the Mobile Card(s) and any modifications and updates thereto.  You agree that you will not use any third-party materials associated with the Mobile Card(s) or the Mobile Payment System in a manner that would infringe or violate the rights of any party, and that we are not in any way responsible for any such use by you.  All third-party intellectual property marks, including the logos of merchants, are the property of their respective owners.

You may not rent, lease, lend, sell, redistribute or sublicense the Mobile Card or the Mobile Payment System.  You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any Mobile Card or the Mobile Payment System, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing the use of any open sourced components included with a Mobile Card or the Mobile Payment System).  Any attempt to do so is a violation of the rights of Security Federal Bank and its Third Party Licensors.  If you breach this restriction, you may be subject to a civil lawsuit, prosecution and damages.  The terms of the license will govern any upgrades provided by Security Federal Bank that replace or supplement any Mobile Card, unless such upgrade is accompanied by a separate agreement in which case the terms of that agreement will govern.

You agree that a Mobile Card may be automatically updated or upgraded without advance notice to you.  At any time, at our sole discretion and without prior notice, we may expand, reduce or suspend the type and/or dollar amounts of transactions allowed using a Mobile Card or change the enrollment process.

The license granted hereunder is effective until terminated by you or Security Federal Bank.  Your rights will terminate automatically without notice from Security Federal Bank if you fail to comply with these Terms and Conditions or if we terminate your use of your Mobile Card.  Upon termination of the license, you must cease all use of the Mobile Card and delete all Mobile Card(s) from the Mobile Payment System.

Your Responsibilities

A. Card Enrollment in the Wallet

If you want to add a Card to the Wallet, you agree to follow the procedures adopted by the Mobile Payment System and any further procedures we adopt.  We may not add a Card to the Wallet if we cannot authenticate the Card or if we otherwise suspect that there may be fraud associated with the Card.  The Wallet allows you to make purchases using an added Card wherever the Wallet is accepted.  The Wallet may not be accepted at all places where your Card is accepted.

B. Report Lost or Stolen Devices or Cards

If you enroll in the Mobile Payment System and your Supported Device is lost or stolen, or you have reason to believe that your Supported Device has been compromised, including that of your fingerprint reader, PIN, or other security device, you agree to contact us immediately so that we can take action to disable your Card for use within the Mobile Payment System.  Note, however, that you are also responsible for notifying the Mobile Payment System if your Supported Device is lost or stolen.  Security Federal Bank is not responsible for and is unable to disable your Supported Device; Security Federal Bank can only disable your Card.

Given that your Supported Device can be used like a Card to make purchases, you must notify us in the event your Supported Device is lost or stolen with the same urgency as if your actual Card is lost or stolen.  If you fail to notify us, you may be liable for all or a portion of the losses associated with unauthorized use of your Card whether that use was through the Mobile Payment System or not.  If you get a new Supported Device, please be sure to delete all your Mobile Cards and other personal information from your prior Supported Device.

You must cooperate with us in any investigation and use any fraud prevention or other related measures we prescribe.

C. Security

In addition to the security procedures described elsewhere in these Terms and Conditions, you are solely responsible for maintaining the confidentiality of your Mobile Payment System ID, Mobile Payment System passwords, device passwords and any other means that you may use to securely access the Mobile Payment System on your device.  If you share these credentials with anyone, that person may be able to use your Wallet to make purchase or obtain access to your personal and payment information available through the Mobile Payment System.  After enrolling in a third-party Mobile Payment System, you agree to secure your mobile device with the same care you would your Card in order to avoid unauthorized use of your Security Federal Bank account(s) and to safeguard your device at all times and not leave it unattended.  You understand that enabling a third-party Mobile Payment System to use your mobile device to make purchases and other transactions using your Security Federal Bank account(s), your mobile device in certain instances will act as if it were your Card.

Mobile Payment System and your Supported Device may contemplate certain security features and procedures to protect against unauthorized use of any of your Mobile Card(s).  These features and procedures are the sole responsibility of the Mobile Payment System.  You agree not to disable any of these security features and to use these security features and procedures to safeguard all your Mobile Cards.

D. Account Ownership/Accurate Information

You represent that you are the legal owner of the account(s) and other financial information which may be accessed via the Mobile Payment System.  You represent and agree that all information you provide to us in connection with the Mobile Payment System.

Service is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using the Mobile Payment System.  You agree not to misrepresent your identity or your account information.  You agree to keep your account information confidential, up to date and accurate.  You represent that you are an authorized user of the Device you will use to access the Mobile Payment System.

Notices

We can provide notices to you concerning these Terms and Conditions and your use of a third-party Mobile Payment System by posting the material on our website, through electronic notice given to any electronic mailbox we maintain for you or to any other email address or telephone number you provide to us, or by contacting you at the current address we have on file for you.  You may contact us at 803.641.1000.

Suspension / Cancellation

We reserve the right for any reason to discontinue offering or supporting any Mobile Card or to not participate in the Mobile Payment System at any time without advance notice to you.  Except as otherwise required by applicable law, we may block, restrict, suspend or terminate your use of any Mobile Card at any time without advance notice to you and for any reason, including if you violate the terms of these Terms and Conditions or any of your card member agreements, if we suspect fraudulent activity or as a result of the cancellation or suspension of your 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 any Mobile Card.

Security Federal Bank may disqualify a Mobile Card or discontinue providing any services to any individual suspected of violating the terms of these Terms and Conditions or the third-party agreements related to the Mobile Payment System 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 A MOBILE CARD OR THE MOBILE PAYMENT SYSTEM OR UNDERMINE THE LEGITIMATE OPERATION OF A MOBILE CARD OR THE MOBILE PAYMENT SYSTEM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SECURITY FEDERAL BANK 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.

You may remove one or more of your Mobile Cards from the Mobile Payment System at any time by deleting the Mobile Card from the Mobile Payment System or by calling the number on the back of your Eligible Card.

Indemnification

In addition to the indemnification provisions contained elsewhere in these Terms and Conditions, you shall indemnify and hold Security Federal Bank, its licensors, sponsors, agencies and its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) your use of any Mobile Card and the Mobile Payment System or (ii) any breach of these Terms and Conditions by you or other users of the Mobile Payment System using your Mobile Card or credentials.  You must use your best efforts to cooperate with us in the prosecution or defense of any such claim.  We have to employ counsel of our choice to defend and control of any such matter subject to indemnification by you.  You have the right, at your own expense, to employ separate counsel to participate in such matter on a non-controlling basis.  You agree that this paragraph shall survive the termination of these Terms and Conditions for any reason.

Limitation of Liability      

IN ADDITION TO LIMITATION OF LIABILITY PROVISIONS CONTAINED ELSEWHERE IN THESE TERMS AND CONDITIONS, AND EXCEPT AS OTHERWISE PROVIDED BY LAW, IN NO EVENT SHALL SECURITY FEDERAL BANK, 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 OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE ANY MOBILE 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.  THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THESE TERMS AND CONDITIONS FOR ANY REASON.

Insurance, Investment and Trust Products are: Not FDIC Insured, Not Bank Guaranteed, May Lose Value, Not Insured by any Government Agency, Not a Bank Deposit