Samsung Pass Supplementary Terms of Service

Last Revised: [November 20, 2018]

PLEASE READ THESE SAMSUNG PASS SUPPLEMENTARY TERMS OF SERVICE (“SUPPLEMENTARY TERMS”) CAREFULLY BEFORE ACCESSING OR USING SAMSUNG PASS. BY [CLICKING “I AGREE” BELOW OR BY ACCESSING OR USING SAMSUNG PASS], YOU AFFIRM THAT YOU HAVE READ THESE SUPPLEMENTARY TERMS AND UNDERSTAND AND AGREE TO ALL TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE SAMSUNG PASS.

1. Background

1.1 Binding Agreement. Samsung Electronics America, Inc. together with its affiliates (“Samsung”, “we”, “us”, or “our”), is pleased to offer Samsung Pass according to the terms and conditions described herein (“Samsung Pass”). The Supplementary Terms, which supplement the Samsung Service Terms and Conditions that apply to your Samsung Account, available at https://account.samsung.com/membership/terms, as updated by Samsung from time to time (the “Service Terms and Conditions”), shall govern your (“you” “your” or “user”) use of Samsung Pass. Upon your acceptance, these Supplementary Terms, together with the Service Terms and Conditions, shall constitute a binding legal agreement between you and Samsung in connection with your use and our provision of Samsung Pass (collectively, the “Samsung Pass Agreement”). If any terms in these Supplementary Terms are in direct conflict with the Service Terms and Conditions, such conflict will be governed by the Supplementary Terms, solely in connection with your use of Samsung Pass.

1.2 Modifications. Samsung reserves the right to modify or update the Supplementary Terms at any time in our sole discretion. If we modify the Supplementary Terms, we will update the “Last Revised” date listed above and provide notice if required by applicable law. If you continue to access or use Samsung Pass after such modification, you will be deemed to have read, understood and unconditionally agreed to such changes to the Supplementary Terms.

1.3 U.S. Privacy Notice. Your use of Samsung Pass is subject to the Samsung Pass U.S. Privacy Notice which explains how Samsung collects, protects, uses and shares the personal information collected in connection with Samsung Pass.

2. Samsung Pass Features

2.1 Samsung Pass is a biometric authentication solution which enables users to sign in to websites on Samsung Internet as well as Samsung and third-party mobile applications or websites that have enabled Samsung Pass functionality (a “Third-Party Service”) by using a user’s stored biometric information. Instead of manually entering your username and password into a Samsung or Third-Party Service each time you wish to access your account with such Samsung or Third-Party Service, Samsung Pass acts as a central repository of your log-in and biometric information for authentication purposes. Samsung Pass may also be used to pre-populate certain forms and applications and to remotely log you in to certain Samsung and Third-Party Services accessed through a PC web browser.

2.2 To use Samsung Pass, you must (i) have an active Samsung user account and (ii) register your biometric information on your mobile device. Additional information about how Samsung Pass authenticates your identity may be found here https://www.samsung.com/global/galaxy/apps/samsung-pass/. If you fail to complete the steps required to use Samsung Pass, you may not be able to use the service.

2.3 Samsung Pass may be used only with participating Samsung and Third-Party Services. The availability of Samsung Pass and its features may vary based on several factors, including, without limitation, your country, Samsung device, operating system and network operator, and the specific Samsung Pass features enabled by the relevant Third-Party Service provider.

2.4 You may use your Samsung Pass account across multiple Samsung devices, the number of which may be limited or changed in Samsung’s sole discretion. Deleting your biometric information from your mobile device will make your Samsung Pass account dormant, but will not automatically cancel your Samsung Pass account. You can reactivate your dormant Samsung Pass account by re-entering your biometric information and your Samsung Account password on your mobile device.

3. Your Use of Samsung Pass

3.1 You agree to use Samsung Pass in accordance with all applicable laws and to not use Samsung Pass for any illegal or fraudulent purposes, or in any manner that violates the Service Terms and Conditions or these Supplementary Terms. SAMSUNG PASS MAY NOT BE USED BY ANY PERSON OTHER THAN THE APPLICABLE SAMSUNG ACCOUNT HOLDER. Persons under the age of majority in their resident jurisdictions (each, a "Minor") may not use Samsung Pass unless their parent or legal guardian has reviewed and agreed to these Supplementary Terms. If you are a parent or guardian permitting a Minor to use Samsung Pass, you agree to: (i) exercise supervision over the Minor's use of Samsung Pass; (ii) assume all risks associated with the Minor’s use of Samsung Pass, including the transmission of materials, content or other information to and from third parties via the Internet; (iii) assume all liabilities resulting from the Minor’s use of Samsung Pass; and (iv) ensure the accuracy and truthfulness of all information submitted by the Minor. Samsung Pass does not knowingly collect or solicit personal information from children under the age of 13. If we learn that we have collected personal information from a child under age 13, we will promptly delete that information. If you believe that a child under age 13 may have provided us with personal information, please contact us as specified in the Samsung Pass U.S. Privacy Notice.

3.2 From time to time, Samsung may offer features or services within or as part of Samsung Pass provided by Samsung’s affiliates, subcontractors or partners on behalf of Samsung. Some features of Samsung Pass may be subject to additional or different terms of service, in which case, you may not use these additional features and services unless you agree to the additional or different terms of service.

3.3 Samsung may provide access to features or services that are identified as “beta,” “lite” or “pre-release.” You understand and agree that such services are still in development, may have bugs or errors, may have incomplete features, may materially change prior to commercial launch, or may never be released commercially. ANY USE OF OR RELIANCE ON SUCH BETA, LITE OR PRE-RELEASE FEATURES OR SERVICES IS DONE AT YOUR OWN RISK AND SUCH BETA, LITE OR PRE-RELEASE FEATURES AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.

4. Security

4.1 It is your sole responsibility to maintain the security of your device. Samsung is NOT liable for any losses or damages suffered by you due to your lost, stolen or damaged device. You may register your physiological biometric information on your device to help prevent others from accessing or using Samsung Pass on your device. You agree to notify Samsung immediately if your Samsung Pass account becomes known to an unauthorized third party or is otherwise compromised. If you lose your device, you can lock the Samsung Pass application and wipe the data from Samsung Pass via the “Find My Mobile” service, to help prevent unauthorized use.

5. Grant of License and Restrictions

5.1 Samsung hereby grants you a non-exclusive, non-transferable, limited, personal and revocable right and license to access and use Samsung Pass for your personal use only, provided that you comply fully with the Supplementary Terms and the Service Terms and Conditions. This license is subject to the limitations on use and other applicable provisions contained in the Service Terms and Conditions. The terms in this Section 5 are in addition to, and not in lieu of the requirements and restrictions on use contained in the Service Terms and Conditions.

5.2 Your use of Samsung Pass requires that your device have access to the Internet via a mobile network (fees may apply), and requires that you obtain updates or upgrades from time to time. Your use of Samsung Pass involves hardware, software, Internet access and you are required to obtain updates or upgrades in connection with Samsung Pass. Therefore, your ability to use Samsung Pass may be affected by the performance of these factors. You agree that complying with any Samsung system requirements, which may be changed by Samsung from time to time, is solely your responsibility.

5.3 You shall not interfere with or attempt to interfere with the operation or use of Samsung Pass in any way through any means or device including, but not limited to, spamming, hacking, and uploading computer viruses or time bombs, or any other means. You may not use Samsung Pass for commercial purposes or for any purpose that is unlawful or prohibited by the Supplementary Terms. You are specifically prohibited from using Samsung Pass in connection with any contents, services, programs or applications that: (i) are in violation of any third party’s rights, including but not limited to, intellectual property rights; or (ii) contain viruses or other harmful software, code or other malware that impact or limit the functions or services provided by Samsung Pass or the devices supporting Samsung Pass.

5.4 You may not reverse-engineer, copy, decompile, disassemble, derive the source code of, modify, adapt, capture, reproduce, publicly display, publicly perform, transfer, sell, license, create derivative works from or based upon, republish, upload, edit, post, transmit, distribute, exploit, circumvent or otherwise translate Samsung Pass in whole or in part (or encourage or assist any other person to do any of the foregoing).

5.5 Samsung, may immediately and without notice to you: (i) suspend or terminate your use of or access to Samsung Pass; (ii) terminate the licenses granted hereunder; or (iii) discontinue providing Samsung Pass, in accordance with its rights under the Service Terms and Conditions.

6. Third-Party Services

6.1 Samsung Pass may include links to or otherwise be enabled for use with Third-Party Services. In no event will a Third-Party Service’s enablement of Samsung Pass be construed as an endorsement or sponsorship by Samsung of such Third-Party Services. Samsung exercises no control over such Third-Party Services or the activities conducted by the providers of such Third-Party Services, and is not responsible or liable for the availability, functionality, or quality thereof or the content, advertising, products or other materials provided by such Third-Party Services. SAMSUNG WILL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS (INCLUDING DATA LOSS) INCURRED OR SUFFERED BY YOU IN CONNECTION WITH YOUR USE OF ANY THIRD-PARTY SERVICES. YOUR ACCESS TO AND USE OF THIRD-PARTY SERVICES, INCLUDING INFORMATION, MATERIAL, PRODUCTS AND OFFERS OFFERED BY SUCH THIRD-PARTY SERVICES, IS AT YOUR OWN RISK. Use of Third-Party Services may require your agreement to separate terms and conditions with the applicable Third-Party Service provider.

7. LIMITATIONS OF LIABILITY

7.1 YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE THAT IS NOT YOU TO USE OR HANDLE YOUR DEVICE, SAMSUNG PASS OR YOUR SAMSUNG ACCOUNT. [NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SAMSUNG’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE OF ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) YOUR ACTUAL LOSS; OR (B) $1,000 (ONE THOUSAND DOLLARS).]

7.2 YOUR USE OF SAMSUNG PASS AND IRIS SCANNING TECHNOLOGY IS AT YOUR OWN RISK. DO NOT: (I) STARE AT THE IRIS RECOGNITION LED LIGHT FROM LESS THAN 20 CENTIMETERS AWAY; (II) USE THE IRIS RECOGNITION CAMERA AND LED WITH INFANTS OR CHILDREN OR (III) USE IRIS SCANNING TECHNOLOGY IF YOU HAVE HAD DIZZINESS, SEIZURES, LOSS OF AWARENESS, BLACKOUTS, OR OTHER SYMPTOMS LINKED TO AN EPILEPTIC CONDITION, OR A FAMILY HISTORY OF SUCH SYMPTOMS OR CONDITIONS, WITHOUT FIRST CONSULTING YOUR DOCTOR.

7.3 YOUR USE OF SAMSUNG PASS AND FACE RECOGNITION IS AT YOUR OWN RISK. THE FACE RECOGNITION FEATURE MAY NOT FUNCTION PROPERLY OR ACCURATELY RECOGNIZE THE USER’S FACE IN CERTAIN CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION, THE FOLLOWING SITUATIONS: (I) IF SIGNIFICANT DIFFERENCES EXIST BETWEEN THE USER’S FACE COMPARED TO THE REGISTERED FACE (E.G., WEARING ACCESSORIES SUCH AS A MASK, HAT, OR GLASSES, MAJOR CHANGES IN FACIAL HAIR STYLE, OR WEARING HEAVY MAKEUP) OR (II) IF OTHER FACTORS ARE PRESENT THAT AFFECT FACE RECOGNITION THROUGH THE FRONT FACING CAMERA (E.G., TOO MUCH BRIGHTNESS, CAMERA SHAKING OR FOREIGN SUBSTANCES ON THE LENS). FACE RECOGNITION MAY NOT BE USED AS A STANDALONE AUTHENTICATION METHOD FOR SAMSUNG PASS. YOU WILL NEED ADDITIONAL AUTHENTICATION TO USE SAMSUNG PASS PROPERLY.

7.4 THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. FOR CLARITY, THE LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES IN THESE SUPPLEMENTAL TERMS ARE IN ADDITION TO, AND NOT IN LIEU OF, THE LIMITATIONS AND DISCLAIMERS CONTAINED IN THE SERVICE TERMS AND CONDITIONS.