With the ClearSpend Service, you may use your Eligible Mobile Device to access your ClearSpend Card(s) that are made available to you through, or that you request be added to, the ClearSpend App, and you may use your Eligible Device to (i) view account data, including balances and recent transactions for each ClearSpend Card, if applicable; (ii) manage ClearSpend Cards, including activation or blocking of a Card; (iii) receive push notifications; and (iv) access additional services that may be available through the ClearSpend App.
When you are logged into the ClearSpend App, you may receive a message asking if you would like to allow push notifications. Push notifications are a way for an application to deliver information, including alerts, sounds and icon badges, to your Eligible Mobile Device. Push notifications can be delivered whether or not you are currently logged-in to and/or using the application and whether or not your Eligible Mobile Device is in locked and/or in sleep mode. The following are examples of the types of push notifications we may send, depending on your Card account and/or your preferences:
BBVA does not charge a fee for sending push notifications, but fees may be imposed by your carrier or service provider depending on your data plan. If you do not wish to receive push notifications from us, click “Don’t Allow” or other similar button when prompted. If you allow push notifications from us but later decide you no longer want to receive them, you can adjust your settings in the ClearSpend App menu, or turn them off through your device notifications settings.
BBVA does not currently charge you for the ClearSpend Service or downloading the ClearSpend App. However, we reserve the right to do so in the future. You may incur charges to receive internet, cellular or other data service on your Eligible Mobile Device. You may also incur charges from your telecommunications carrier when sending and receiving information in connection with your use of the ClearSpend Service. You agree to pay any applicable fee that is based on your usage of a particular Service.
Cardholder Support Services
P.O. Box 636001
8910 S. Ridgeline Blvd.
Birmingham, AL 35296
It is our goal to provide you with as many digital banking options as possible, including providing information to you electronically. We are required by law to give you certain information in writing. This means you have the right to receive that information on paper. With your consent, we can provide it to you electronically, instead. In this consent:
You agree to receive electronic Communications from us.
We may still choose to provide you with information on paper even though you have consented to receive it electronically. In some cases, we are not permitted by law to deliver certain Communications to you electronically. However, if the law changes in the future and permits additional Communications to be delivered electronically, this consent will automatically cover those Communications as well.
We may deliver electronic Communications to you in several ways.
When we deliver electronic Communications to you, we will either: (1) email them to you; (2) post them on our website; (3) present them on-screen or for download through one of our online or mobile banking services; (4) include them in other electronic Communications that we are delivering to you, such as electronic account statements; or (5) in the manner specified in any other agreement we have with you. If we are not emailing or presenting the information to you directly, we will tell you where you can go to view that information.
If you seek to obtain a new product, service or account with us, we may remind you that you have already consented to receiving electronic Communications and using electronic signatures in your relationship with us. If you choose not to receive electronic Communications or use electronic signatures in connection with the new product, service or account, that choice does not mean you have withdrawn your consent with respect to any other product, service or account.
You will need some technology to receive electronic Communications.
To receive and retain electronic Communications from us, you will need the following:
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If our hardware and software requirements change, and that change would create a material risk that you would not be able to access or retain electronic Communications, we will give you notice of the change. Continuing to use our electronic services after receiving notice of updates to our system requirements signifies your acceptance of the change and reaffirmation of your consent.
Please keep your contact information up to date.
It is your responsibility to keep all of your contact information current so that we can send you electronic Communications. You can update your email address and other contact information by editing your profile in BBVA Mobile Banking or Online Banking. You may also call Customer Service at 1-844-228-2872.
You may have the option to receive paper copies.
We may choose to make paper copies of certain electronic Communications available upon request. There may be a fee for providing a paper copy. If you would like a paper copy, please call Customer Service at 1-844-228-2872 to find out whether a paper copy is available and the amount of any fee for that copy. You can also request paper account statements (for a fee) in Online Banking.
You can withdraw your consent to receiving electronic Communications.
You have the right to withdraw this consent at any time. Withdrawing consent may terminate your access to certain electronic services, including Online Banking and Mobile Banking. You may also no longer be able to use certain BBVA products. After we have processed your withdrawal, future Communications required to be in writing will be delivered to you on paper, subject to applicable fees. To withdraw your consent to receiving electronic Communications, you may call Customer Service at 1-844-228-2872. Your withdrawal of consent will become effective only after we have had a reasonable opportunity to act upon it.
You are solely responsible for your acts and omissions in connection with your use of the ClearSpend Services, AND WE WILL NOT HAVE ANY LIABILITY for any claim, action or liability that arises out of or is in any way connected with such acts or omissions. As set forth above, in order to access the ClearSpend Services you may be required to establish enrollment, login and PIN credentials. We will have no responsibility or liability if you lose, share or fail to keep confidential any of these credentials.
You agree to indemnify, defend and hold harmless BBVA, its equity owners, its subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third parties that support the ClearSpend Services from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your misuse of any ClearSpend Service or content, or any violation by you of this Agreement or applicable law.
IN ADDITION, NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALTHOUGH WE WILL TAKE REASONABLE PRECAUTIONS TO PROTECT THE CLEARSPEND SERVICE AND AVOID DELETION, CORRUPTION OR UNAUTHORIZED MODIFICATION OR ACCESS OF OR TO THE CLEARSPEND SERVICE (OR ANY DATA STORED IN OR TRANSMITTED THROUGH THE CLEARSPEND SERVICE), WE MAKE NO REPRESENTATION OR WARRANTY THAT SUCH EFFORTS WILL BE SUCCESSFUL, AND WE SPECIFICALLY DISCLAIM ALL LIABILITY WHATSOEVER WITH RESPECT TO ANY FAILURE TO PROTECT THE CLEARSPEND SERVICE OR PROVIDE THE CLEARSPEND SERVICE ERROR-FREE OR UNINTERRUPTED.
The license granted hereunder is effective until terminated by you or BBVA. Your rights granted hereunder will terminate automatically without notice from BBVA if you fail to comply with any term(s) of Service Agreements. Upon termination of the license, you must cease all use of the ClearSpend App or ClearSpend Service, and destroy all copies, full or partial, of the ClearSpend App.
If you terminate this Agreement, you authorize us to continue making any transfers, credits, debits, payments, and any other actions you have previously authorized through ClearSpend Service until such time as we have had a reasonable opportunity to act upon your termination notice.
You agree that WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE CLEARSPEND SERVICE, OR YOUR ACCESS TO THE CLEARSPEND SERVICE OR TERMINATION OF THIS AGREEMENT.
A Spanish version of this document is available as a courtesy to our clients who use Spanish as their primary language. Although BBVA USA has taken every precaution possible to translate the original document correctly, the Spanish translation is only a courtesy to our clients. Please take note that all official documents from BBVA USA will be in English only. Please visit: http://www.bbvausa.com/disclosure/online-banking/clearspend-terms-of-use-es.html to view the Spanish version.