Terms and Conditions to use a virtual card

Scope of application. Binding terms and conditions

These terms and conditions are binding and establish the conditions governing the use of your Factorial payment card issued by Stripe Payments Europe, Limited (the "Card") with Apple Pay and Google Pay (the "Terms and Conditions" or "T&Cs"). 

This document constitutes a contract. Please read these Terms and Conditions and the  Privacy Policy of EVERYDAY SOFTWARE, S.L. ("We", "Us" and/or "Factorial") available at https://factorialhr.com/privacy carefully before creating your virtual Card. 

If you have any questions regarding these T&Cs, please contact Us at legal@factorial.co. 

By implementing this process, you will create a virtual copy of your physical Card to be used with Apple Pay or Google Pay. Accordingly, the mobile card is a virtual copy of your physical Card.

Keeping your equipment safe

Keep (i) your Device secure and with you and (ii) your Device passcode and Security Details secure and with you. Yor are responsible for securing the Card and Card security features (including the CVV and the PIN).

For the purposes of this clause:

• "Device" means  a smartphone or any other digital device that has your Card or account details on it and allows you to make payments when used with your Security Details; and
• "Security Details" are personalized details that you must use to give a payment instruction, confirm your identity or to access your Device (for example a password, security code or biometric data such as a fingerprint).

If your Device or Security Details have been lost, stolen, theft or are used without your consent, please call us immediately and without delay on the following telephone number: +34 93 220 59 76. Please, be noted that any report you make to your mobile phone company, your wireless carrier or the vendor of your Device shall not allow to block your Card. 

If you consider that your Security Details have been compromised, change them immediately.

How Apple Pay and Google Pay works

Making Payments

Apple Pay and Google Pay enable you to create virtual representations of your Card on your Device, so you can use your Card to make:

• contactless payments at merchants' contactless-enabled point-of-sale terminals; and 
• in-app or other digital commerce payments at participating merchants; and to make

To initiate a payment transaction, your Device must have the Near Field Communication (NFC) technology activated and the latest version of Apple Pay application or Google Pay application installed. You will be able to carry out transactions with electronic devices at store, ATMs and vending  machines compatible with such technology by presenting the device and, when required, entering a biometric accepted by the device (e.g. fingerprint or facial recognition) when prompted to do so. You will also be able to initiate a payment transaction online by opening the Apple Pay or the Google Pay application and authorizing it to be executed by entering, when required, the biometric.

When you select a Card to use with Apple Pay or Google Pay, certain account information will be transmitted to and stored within your Device, which is then represented as a digital Card.

By selecting your Card and placing your Device near a merchant’s contactless-enabled point-of-sale terminal or reader or using that Card for an in-app purchase, you are authorizing the payment for the merchant’s products or services.

Viewing Information and Payments

Apple Pay and Google Pay may also give you access to information about your Card. Further information on these features will be provided by the Apple Pay provider or the Google Pay provider.

Conditions

Your Card must be activated prior to use it with Apple Pay and/or Google Pay.

You may only use your Card for bona fide business purchases and for valid and lawful purposes. Your Card (either in virtual/digital or physical form) cannot be used for (i) cash withdrawal transactions through automated cash machines and/or teller machines (ATMs); (ii) obtaining cash back at the point of sale; or (iii) any fraudulent or illegal purposes. 

You agree to use your Card only with a Device properly equipped with Apple Pay or Google Pay, as applicable, and to comply with all terms and conditions applicable to Apple Pay or Google Pay, as appliable. Please contact your Device provider direct if you want to know whether your Device is eligible for use with Apple Pay and/or Google Pay.

Before you register for Apple Pay and/or Google Pay, you must check that only your Security Details are linked to your Card, as these details will then be used for authorization to make transactions on your Card account. For the purposes of Apple Pay or Google Pay, any transactions made using your Card and linked Security Details on the Device will be assumed to be authorized by you.

Purchases or other transactions you make using Apple Pay or Google Pay are governed by the Stripe Payments Europe, Limited (or its affiliates – "Stripe")'s terms and conditions applicable to your Card. Your Card is the property of Stripe. In case of contradiction between these Terms and Conditions and Stripe's terms and conditions related to the issue and use of your Card, the latter shall prevail. 

Factorial is not responsible and waives any liability and damages derived from any Card payment malfunctions caused by outages, interruptions, discontinuance or other incidents affecting Apple Pay or Google Pay not caused by Us or out of Factorial's control.

Elegibility

You may use any Card which is in your name that is not canceled or blocked to create a digital/virtual replica of it for use with Apple Pay and/or Google Pay.

We may allow you to add the same Card to a number of other Devices. Your Device provider may impose limitations or restrictions to Apple Pay, Google Pay or have minimum software and hardware requirements.

Third party agreements and support

These Terms and Conditions govern your access to and use of your Card via Apple Pay and/or Google Pay only as between Factorial and you. 

Your Device provider, your wireless carrier (i.e., your service provider which provides mobile phone connection to the mobile network for the Device to operate), and other third-party services incorporated in Apple Pay and/or Google Pay may have their own terms and conditions and privacy policies ("Third-Party Agreements"). You are also subject to those Third-Party Agreements when you give them your personal information, use their services or visit their respective websites. We are 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 a digital/virtual replica of your Card through Apple Pay and/or Google Pay.

We are not responsible for, and do not provide, any support or assistance for any third-party hardware, software or other products or services (including Apple Pay, Google Pay and your Device). If you have any questions or issues with a third-party product or service, please contact the appropriate third party for customer support.

Charges

We do not currently charge a fee for using your Card through Apple Pay or Google Pay. However, Third-Party Agreements may have fees, limitations and restrictions which might affect your use of your Card on your Device, such as data usage or text messaging charges imposed on you by your wireless carrier. You are solely responsible for these fees and agree to comply with any limitations or restrictions.

Privacy and security

Your Information

When creating the virtual representation of your Card, we may collect certain information from your Device provider to verify your identity and for anti-fraud purposes. This information will be held by us for so long as required to fulfill this purpose and then deleted 

On the other hand, when adding your Card to the digital wallet, Factorial will collect information about the owner of the Card, the transactions carried out, and the card expiration date. Stripe will collect the information regarding the full card number, the CVC and the PIN number. 

What Others Collect

Any information that is collected by the Device provider while you use your Card with Apple Pay or Google Pay is subject to the relevant Third-Party Agreements, and is not governed by Factorial's Privacy Policy.

Device Notifications

You may receive notifications from Us on your Device from time to time reflecting your Card activity.

Unauthorized Use of your Device

Should you consider your security is at risk make sure you change your Security Details and check that only your fingerprints and/or your facial recognition (or other applicable biometric data) are linked to your Device, to avoid any unauthorized use of your Card or personal information.

If you get a new Device, please delete your Cards and other personal information from your old Device. To do this you can either follow your Device provider's instructions or you can call Us on +34 93 220 59 76.

You must co-operate with Us in any investigation and use any fraud prevention or other related measures to prevent unauthorized usage of your Card. 

Terms and your account terms

Apple Pay, Google Pay and your Device may use certain security features and procedures to protect against unauthorized use of your Card. These features and procedures are the sole responsibility of Apple Pay, Google Pay and/or your Device providers. You agree not to disable any of these security features and to use them to safeguard your Card.

Protecting your Security Details

You are responsible for keeping your Security Details confidential. You should keep these, along with your Device, safe in the same way you would with your physical Card and other personal identification numbers and passwords.

It is advisable that you do not keep your physical Card and/or your Card details with your Device.

We strongly recommend that you don't share your Security Details with anyone. If you share these details with anyone else or allow their details (including biometric data) to form part of your Security Details, they may be able to use your Card and access your personal and payment information through Apple Pay and/or Google Pay. They may also be able to use your Card without your authority, for which you may be responsible. If the fingerprint or facial recognition of another person is used to unlock or make transactions on your Device, these will be treated as authorized by you.

If you receive a text message, e-mail or other communication stating that you have registered for Apple Pay and/or Google Pay but you did not register, or if there are any transactions you do not recognize on your Device or your account statement, contact Us as soon as possible.

Suspension, cancellation and chance to functionality

In addition to any rights of termination, cancellation, suspension and blockage of your Card as set out in the Stripe's terms and conditions applicable to your Card, Factorial reserves the right (on giving reasonable notice where possible) to stop offering or supporting any digital/virtual Card or to stop participating in Apple Pay and/or Google Pay.

We may block, restrict, suspend or terminate your use of your Card through Apple Pay and/or Google Pay if you breach these Terms and Conditions, the Stripe's terms and conditions applicable to your Card available at https://stripe.com/es/issuing/authorized-users, the Apple Pay terms, the Google Pay terms and/or any Third-Party Agreements or if Factorial suspects any fraudulent activity or misuse of your Card.

In addition, the Device provider may reserve the right to block, restrict, suspend, or terminate your use of the functionality of Apple Pay and/or Google Pay without reference to us. In such circumstances Factorial shall not be liable to you or any third party.

Once any temporary blockage or suspension is removed from your Card (for instance following a fraud check) you will be able to continue to use Apple Pay and/or Google Pay.

You may remove your Card from Apple Pay and/or Google Pay at any time by pressing the appropriate button or link in the relevant app on your Device. In these circumstances you authorize Factorial or Stripe, as applicable, to continue to process any outstanding transactions on your Card.

Interruptions to Apple Pay and/or Google Pay

Access, use and maintenance of your digital Card depend on Apple Pay, Google Pay and the networks of wireless carriers. We do not operate Apple Pay, Google Pay or such networks and have no control over their operations. We will not be liable to you for any circumstances that interrupt, prevent or otherwise affect the functioning of your Card, such as unavailability of Apple Pay, Google Pay, or your wireless service, communications, network delays, limitations on wireless coverage, system outages, or interruption of a wireless connection.

The use of your Card through Apple Pay and/or Google Pay involves (or may involve) the electronic transmission of personal information through third party connections. Because We do not operate or control these connections, We cannot guarantee the privacy or security of these data transmissions. Additionally, your supported Device is generally pre-configured by your wireless carrier. Please, check with your Device provider and your wireless carrier for information about their privacy and security practices.

For personal or confidential information sent to or from Us over the internet from your Device, we reserve the right to limit such connections to "secure sessions" that have been established using transportation layer security or other security standards We select. We can communicate through secure message, SMS and e-mail.

Limitation of liability

You acknowledge and agree that the Apple Pay and/or Google Pay features and functionality may be automatically updated or upgraded without notice to you. This right to update and upgrade Apple Pay and/or Google Pay features and functionality will not include changes to your Card account, which will only be made in accordance with your account terms.

Changes to these Terms of use

We reserve the right to revise these Terms and Conditions at any time. We will indicate the changes to these Terms and Conditions by e-mail or such other method of communication as provided for in Clause 12 below. You will also be able to view the revised Terms and Conditions on your Device. If you do not accept any revisions made to these Terms and Conditions you can remove your Card from Apple Pay and/or Google Pay at any time, in which event you authorize Us to continue to process any transactions outstanding on such Card at the time of your removal of such Card from Apple Pay and/or Google Pay.

Communication

As a condition of your activating and using your Card for Apple Pay and/or Google Pay, you agree to receive certain service-related messages from Us on your Device (i.e. SMS, MMS). You also agree to receive notices and other communications about your service status from Us by:

• E-mail to the latest email address on file for the relevant Card; or
• through the messaging capabilities of Apple Pay and/or Google Pay.

Apple Pay is a trademark of Apple Inc., registered in the U.S. and other countries and regions.

Date of last review/version: 2nd of December 2022