- Our obligations to you;
- Your obligations as a user of the ClearSpend App or Website;
- The ways in which we may send you notices and disclosures and other communications;
- YOUR AGREEMENT WITH US TO USE BINDING ARBITRATION FOR MOST DISPUTES ARISING UNDER THIS AGREEMENT OR CONCERNING CLEARSPEND SERVICES;
- YOUR WAIVER OF A RIGHT TO TRIAL BY JURY AND TO CLASS-ACTION RIGHTS;
- Limitations on our liability to you; and
2. Eligibility for ClearSpend Application Use
- Technical Requirements
- In order to access the ClearSpend Service, you must have (i) a handheld device, computer or other streaming device that can send and receive information using the technology that supports this ClearSpend Service (an “Eligible Device”) and (ii) all information required to enroll, which will be described in the ClearSpend App at the time of enrollment. The ClearSpend App may not work on or be available on all mobile devices or operating systems. There may be some variation in how the application functions on different devices and operating systems. We reserve the right to add and/or remove the types of mobile devices and operating systems that are compatible with the ClearSpend App Service at any time.
- Eligibility Requirements
- Eligible ClearSpend Card/Account Required. In order to use the ClearSpend Service, you must have and be the owner of an eligible ClearSpend account or be an authorized user of the account.
3. No Amendment of Existing Terms and Conditions
4. ClearSpend Services
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.
5. Push Notifications via 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:
- Fraud-related notifications, which may ask you to verify certain transactions and include details of such transactions, such as merchant name and transaction amount;
- Debit-related notifications, which may include transaction details such as merchant name, transaction amount and information regarding declined debit transactions, if any; and/or,
- Other information related to your account
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.
6. Usage Fees and Charges
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.
7. Use, Management, and Security
- Use and Management.
- We may place restrictions and limits on the use and management of the ClearSpend App and ClearSpend Services, including: enrollment, login and PIN requirements; who may access the Account on the ClearSpend Application; as well as other functionality.
- You agree that any information you provide to us, as part of the enrollment process or otherwise, will be accurate and that you shall keep it current with us.
- Reporting Unauthorized Use and Loss or Theft.
- You are responsible for maintaining the security of your Eligible Mobile Device and any ClearSpend Service management information, such as enrollment, login and PIN information, that you have created for the purpose of accessing the ClearSpend Service. You are responsible for all transactions you or any other person initiates or authorizes using the ClearSpend Service. If you allow any person to obtain or to use your ClearSpend Service or management information, you will have authorized that person to access your Account and other ClearSpend Services, and you agree that you will be bound by any agreements that person accepts or acknowledges electronically through the ClearSpend Service.
- Under this agreement, we shall not be liable for unauthorized use of your Account. Your liability for unauthorized use of your Account remains subject to the Terms and Conditions of the ClearSpend Card Account. In the event of any suspected or actual (i) unauthorized use of ClearSpend Services or (ii) loss or theft of your Eligible Mobile Device, you agree to immediately notify us. Call us at: 1-866-236-7967, Log In to the ClearSpend Website, or write to us at:
Cardholder Support Services
P.O. Box 636001
8910 S. Ridgeline Blvd.
Birmingham, AL 35296
8. ClearSpend Application License and Content
- License. You are granted a non-exclusive, non-licensable, non-transferable, personal, limited license to install and use the ClearSpend App and ClearSpend Services only on an Eligible Device that you own or control, solely for your personal use and as expressly permitted herein. ClearSpend Services are provided in our sole discretion and may include access, management, and use of the ClearSpend App and Services to: add/remove Authorized Users, view account data, and otherwise manage ClearSpend Cards.
- Permitted Uses. You may use the ClearSpend App and the information, images and/or other works that you see, hear or otherwise experience on the ClearSpend App and ClearSpend Services solely for your non-commercial, personal purposes and/or to learn about the ClearSpend Services. No right, title or interest in any content is transferred to you, whether as a result of downloading such content or otherwise. We reserve complete title and full intellectual property rights in all content.
9. Consent to Receive Electronic Communications
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:
- “We,” “us,” “our,” and “BBVA” mean BBVA USA, Member FDIC, a member of the BBVA Group, or any other affiliate bank of BBVA USA Bancshares, Inc.
- “You” and “your” mean the person giving this consent, and also each additional account owner, authorized signer, authorized representative, delegate, product owner and/or service user identified on any BBVA product that you apply for, use or access.
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:
- A computer or mobile device with an operating system that supports everything below;
- A connection to the internet;
- A current version of a web browser that we support. You should check the system requirements periodically for updates to supported software;
- A hard drive or other data storage unit;
- A valid, active email address; and
- A current version of a program that displays PDF files (such as Adobe® Reader®).
To test your ability to open a PDF file, please click here.
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.
10. Disclaimer and Exclusions for Third-Party Products, Services and Facilities
11. Intellectual Property Rights
- Intellectual Property. You acknowledge and agree that BBVA and/or our licensors own all legal right, title and interest in and to the ClearSpend Services, including any trademark, copyright, patent, trade secret and other intellectual property rights which subsist in the ClearSpend Services and any collateral and related materials we may distribute in connection with the ClearSpend Services (whether those rights are registered or not, and wherever in the world those rights may exist). You agree that you will not use any third-party materials associated with the ClearSpend Services in a manner that would infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you. All third-party marks, including the logos of participating merchants, are the property of their respective owners.
- Digital Millennium Copyright Act (DMCA) Notice. If you believe that material available through the ClearSpend Services infringes the copyright of any third party, notify us by using the notice procedure under the DMCA. After receiving notice, we may remove or disable access to any infringing material as provided for in the DMCA.
13. Your Acts and Omissions
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.
14. Limitation of BBVA Liability
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.
16. Miscellaneous Provisions
- Interpretation. Headings and captions shall not be considered included for purposes of interpretation or application hereof, but are for convenience only.
- Assignment and Service Providers. You may not assign this Agreement or your rights or responsibilities under this Agreement to any other party, and any attempted assignment shall be null and void. We may assign this Agreement to any affiliated entity or any successor. We may also assign or delegate any or all of our rights under this Agreement to one or more independent contractors or other third party service providers, and any rights or responsibilities so assigned or delegated may be exercised or enforced by either us or our service provider. Any reference in this Agreement to us or BBVA shall also be considered a reference to any service provider performing services under this Agreement on behalf of us/BBVA.
- Communications. When you give us your phone number (including mobile) or other contact information, we have your permission to contact you through those means about the ClearSpend Service, and related information. Your consent allows BBVA to use text messaging, artificial or prerecorded voice messages and automatic dialing technology for informational and ClearSpend service related calls, but not for telemarketing or sales calls. It may include contact from companies working on behalf of us to service the ClearSpend App or any component of the ClearSpend Service. Message and data rates may apply.
If your Device is a smartphone, once you download the ClearSpend App, it may be enabled to allow you to contact the BBVA Customer Service center through the application. If you agree to contact the BBVA Customer Service center, the application will provide the option to automatically call us through the wireless service provider with which you have a contract.
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.