Spend Net Transaction Manager Terms of Use

1. Accepting the Terms

By using the Spend Net Transaction Manager mobile app or website (together the “Service”), you agree to be bound by these Spend Net Transaction Manager Terms of Use (this “Agreement”). In this Agreement, “you” and “your” refer to the Service user who has access to and uses the Service, the terms “BBVA,” “Bank”, “we” and “us” refer to BBVA USA, and the term “Company” refers to the entity on whose behalf you have been authorized to enroll in and use the Service.  BBVA may assign or delegate any or all of its rights and responsibilities 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 performed by either BBVA or its service provider. Your use of the Service will be further governed by all additional agreements entered into by you or the Company with respect to any Payment Instrument (as defined below) for which the Service is used.

By using this Service, you bind yourself to, and indicate your acceptance of this Agreement.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with BBVA. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

 

2. Privacy and your Personal Information

For information about data collection and sharing, please read the BBVA Treasury Solutions Privacy Policy, which is available at https://www.bbvausa.com/policy/treasury-solutions.html (the “Privacy Site”). This policy explains how BBVA treats your information when you access and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the Privacy Site.

 

3. Description of the Service

The Service is a system that allows permissioning of a credit card, debit card, prepaid/GPR card or other type of payment card or payment device (each a “Payment Instrument”). This permissioning may include enabling and disabling the Payment Instrument, specifying specific payment channels for use related to the Payment Instrument, setting limits on the payment instrument, defining where the Payment Instrument can and cannot be used, and defining advanced granular controls for the Payment Instrument. The types of permissioning available via the Service shall be determined from time to time at BBVA’s sole discretion. The Service is provided to you by BBVA at no charge and is meant as an aid to assist you in protecting and managing your Payment Instrument. The Service provides you with a tool to protect yourself and the Company from potential fraudulent activity on your Payment Instrument; however we “do not” and “cannot” guarantee that we can prevent fraud from occurring in connection with your use of your Payment Instrument.

BBVA ”cannot” always foresee or anticipate technical or other difficulties, which may result in failure to obtain data or loss of data, personalization settings, or other service interruptions. BBVA “cannot” assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or personalization settings. Furthermore, BBVA” does not” and” cannot” assume responsibility for the lack of service when you are unable to communicate with the Service for whatever reason.

 

4. Your Registration Information

Your “Registration Information” includes your Login ID and password and any mobile number or other contact information you provide. You agree and understand that you are responsible for maintaining the confidentiality of Registration Information allows you to access the Service.  BBVA may require you to select or create additional security codes and/or use other security techniques that we make available to you in connection with the Service. You are responsible for all transactions you initiate or authorize using the Service.  If you allow any person to register any biometric information on your mobile device (including but limited to, through the use of fingerprint or facial recognition software or otherwise obtain or use your mobile device or Registration Information, you will have authorized that person to access your account for the Service, and you agree that you are responsible for any transactions that person initiates or authorizes and will be bound by any agreements that person accepts or acknowledges electronically through the Service.

By providing us with your e-mail address, you agree to receive all required notices electronically, to the e-mail address provided. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our Site, accessible through any standard, commercially available Internet browser.

By providing us with your telephone number, you consent and authorize us to place non-telemarketing telephone calls to you at that number, regarding any and all accounts you have with us, including accounts you may open in the future. You understand that such telephone "calls" include, but are not limited to, live telephone calls, prerecorded or artificial voice message calls, text messages, and calls made by an automatic telephone dialing system from us or our affiliates and agents. As examples, we may place calls to you about fraud alerts, holds, and amounts you owe us (collection calls) on your accounts. We may also send you text messages to facilitate account transactions (e.g., delivering a one-time security code to you). By agreeing to receive text messages from us, you are also consenting to receive a final opt-out confirmation text message if and when you choose to opt out of any text message service we provide to you. Calls and messages may incur charges from your wireless carrier. You consent and authorize us to monitor, and to record, telephone conversations and other electronic communications you have with us and with our representatives for reasonable business purposes, including security and quality assurance. We will not remind you that we may be monitoring or recording a call at the outset of the call unless required by law to do so.

If you become aware of any unauthorized use of your Registration Information, you agree to notify BBVA immediately via email at –commercialcardservices.us@bbva.com

 

5. Your Use of the Service

Your right to access and use the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Service for lawful purposes.

Accurate records enable BBVA to provide the Service to you. You must provide true, accurate, current, and complete information about your Payment Instrument, and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not keep your Registration Information up to date and accurate, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Service, or other actions that BBVA, in its sole discretion, may elect to take.

 

6. Use With Your Mobile Device

Use of these Service may be available through a compatible mobile device, Internet, and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates, and fees as well as the terms of your agreement with your mobile device and telecommunications provider. BBVA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

The technical requirements to use the Service on your mobile device may be updated from time to time to reflect changes in the technology that supports the Service. You agree that BBVA may, from time to time, require you to upgrade to the latest version of the Spend Net Transaction Manager mobile app in order to continue to access the Service on your mobile device.

 

7. Online and Mobile Alerts

BBVA Corporation may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts may be sent to you following certain changes, such as a change in your Registration Information, or to alert you to potential fraudulent activity. BBVA may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion.

Electronic alerts will be sent to the email address you have provided as your primary email address. If your primary email address changes, you are responsible for informing us of that change. Alerts may also be sent to a mobile device that accepts data push messages. Changes to your primary email address or mobile number will apply to all of your alerts. BBVA reserves the right to send electronic alerts to either your primary email address, through data push directly to the Spend Net Transaction Manager Mobile App, or a combination of the two.

Because alerts are not encrypted, we will never include any personal information within the message. However, alerts may include some information pertaining to your transaction information. Anyone with access to your mobile phone or email will be able to view the content of these alerts.

 

8. BBVA’s Intellectual Property Rights

The contents of the Service, including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software, and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Service belong or are licensed to BBVA or its suppliers, licensors, service providers or vendors (collectively, including BBVA, the “Providers”). BBVA grants you the right to view and use the Service subject to these terms. Any distribution, reprint, or electronic reproduction of the Service in whole or in part for any other purpose is expressly prohibited.

 

9. Access and Interference

You agree that you will not:

Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Service; Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Service; or Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service.

 

10. Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH BBVA OR TE OTHER PROVIDERS OR PROVIDED THROUGH THE SERVICE (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BBVA AND THE OTHER PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

BBVA AND THE OTHER PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE RELIABILITY OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIM ANY WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE. BBVA AND THE OTHER PROVIDERS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE SERVICE THAT MAY BE AVAILABLE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA, OR PERSONAL INFORMATION.

 

11. Alert Disclaimer

You understand and agree that any alerts provided to you through the Service may be delayed or prevented by a variety of factors. BBVA does its best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that BBVA shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.

 

12. Limitations on BBVA’s Liability

NEITHER BBVA NOR ANY PROVIDER SHALL IN ANY EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT, REVENUE OR BUSINESS, ACCESS TO SERVICES OR PRODUCTS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SERVICE, OR THIS AGREEMENT, EVEN IF BBVA OR ANY PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BBVA’s LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO USD $1.00 (ONE UNITED STATES DOLLAR).

 

13. Terminating the Service

BBVA reserves the right to terminate your access to the Service or any portion of it in its sole discretion at any time, without notice and without limitation, except as may be required by law. When notice is required by law, we may provide notice to you as provided in Section 15 below. You may also request termination of your enrollment in the Service by calling 877-558-8814 to close your account for the Service and uninstalling the mobile app from your device. The provisions of these Terms of Use that relate to any obligation or liability arising prior to termination, or the resolution of any dispute regarding such obligation or liability, shall survive termination of your access to the Service.

 

14. Changes to Service

These Terms of Use are subject to change from time to time. For example, we may add, delete or amend terms or services. Changes may be made immediately and without prior notice to you except when notice is required by applicable law. When notice is required by law, we may provide notice to you as provided below. We reserve the right, in our sole discretion, to change, modify, add, or remove portions from the Service. Any change will begin to apply upon the effective date of the change, and will apply only to your future use of the Service. Your continued use of the Service will indicate your acceptance of any such changes to the Service. BBVA reserves the right to terminate your access to the Service or any portion of it in its sole discretion, without notice and without limitation, except as may be required by law.

 

15. Notice

Unless otherwise required by law, we may provide notice to you either by mail or electronically, including via email or via the Spend Net Transaction Manager mobile app or website. If we choose to provide notice to you by mail, we may mail it separately or with other information to any address on our records for you. You accept responsibility to maintain current and accurate contact information on file with us.

 

16. Governing Law

This Agreement, and your relationship with BBVA under this Agreement, shall be governed by the laws of the State of Alabama without regard to its conflict or choice of laws provisions.

You also acknowledge and understand that, with respect to any dispute with BBVA, its officers, directors, employees, agents or affiliates, arising out of or relating to your use of the Service or this Agreement:

YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; and

YOU ARE GIVING UP YOUR RIGHT 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 INVOLVING ANY SUCH DISPUTE. 

 

17. Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if BBVA does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which BBVA has the benefit of under any applicable law), this will not be taken to be a formal waiver of BBVA’s rights and that those rights or remedies will still be available to BBVA.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and BBVA regarding the subject matter of the same, and supersedes all other previous agreements.