Samsung Pass Supplementary Terms of Service
1.1 Samsung Electronics America, Inc. together with its affiliates (“Samsung”, “we”, “us”, or “our”) is pleased to offer you Samsung Pass, described below in Section 2 (“Samsung Pass”). Please read these supplementary terms of service (“ToS”) carefully before accessing or using Samsung Pass because they constitute a binding legal agreement between you (“You”, “Your” or “User”) and Samsung for Samsung Pass. By installing or using Samsung Pass, You agree to be bound by the ToS. If you do not agree to the ToS, you may not use Samsung Pass. The ToS may be modified by Samsung from time to time. If we modify the ToS, 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 TOS.
1.2 Incorporation of other Terms and Conditions. The ToS supplement the Samsung Service Terms and Conditions (“Service Terms and Conditions”) available at https://account.samsung.com/membership/terms that apply to registered user accounts with Samsung (the “Samsung Account”). You must have a Samsung Account to use Samsung Pass. If you do not have a Samsung Account yet, you are required to agree to the Service Terms and Conditions provided through this link https://account.samsung.com/membership/terms to create a new Samsung account before using Samsung Pass. The Service Terms and Conditions form an integral part of these ToS. In case of any inconsistency or conflict between the ToS and the Service Terms and Conditions, the terms of these ToS shall prevail. These ToS may be assigned by Samsung at any time.
2. Samsung Pass Features
2.1 Samsung Pass is an identity management service which enables users to sign into their favorite websites on Samsung Internet and/or third party mobile applications or websites (“Third Party Service(s)”) using biometric information instead of manually entering the User ID or password information.
Instead of entering your username and password information to a Third Party Service each time You wish to access it, Samsung Pass acts as a central repository of your personal log-in information by combining Your log-in and biometric information to authenticate You.
2.3 To use Samsung Pass, You must first register Your biometric information on your mobile device to create an encrypted code using your biometric information (“Authentication Key”). Another matching key will be saved in a secure environment on Your mobile device (“Private Key”). When You select to log in to a Third Party Service using Your biometrics, Samsung Pass will authenticate You by matching the Private Key n your mobile device with the Authentication Key n the Samsung server. When You log into a Third Party Service with Samsung Pass, Your ID and password for that service will be automatically synced to and stored in a Samsung server. If You change Your ID or password for a Third Party Service You are required to reenter the changed information into Samsung Pass in order to log in to such service with Samsung Pass.
2.4 Samsung Pass may be used with participating Third Party Service providers. The availability of Samsung Pass and its features may vary based on including, without limitation, your country, device, operating system, provider participation or network operator.2.5 You can use Your Samsung Pass account with multiple 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 not automatically cancel Your Samsung Pass account. You can reactivate your dormant Samsung Pass account by re-entering your biometrics information and your Samsung Account password.4. Your Acceptance of these ToS
4.1 The ToS only govern the relationship between Samsung and You related to Your use of Samsung Pass. Other than as specifically set forth herein, Samsung neither conducts nor has control over any activities in connection with Your use of Samsung Pass, including, without limitation, Third Party Services and their providers. You agree that Samsung is not responsible for any of these activities nor for Your relationship with any Third Party Service provider in connection therewith. You agree that Your use of Samsung Pass will remain subject to the terms of any agreement(s) You may have with Third Party Service providers, and neither these ToS nor Your use of Samsung Pass shall alter Your existing relationship with such Third Party Service providers.
4.2 You agree that You will use Samsung Pass in accordance with applicable law and will not use Samsung Pass for any illegal or fraudulent purposes, or purposes that are prohibited by the Service Terms and Conditions or these ToS. SAMSUNG PASS MAY NOT BE USED BY ANY PERSON OTHER THAN 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 ToS. 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.
4.3 From time to time Samsung may offer features or services that may be subject to additional or different terms of service. You shall not use these additional features and services unless You agree to the applicable terms. Samsung may also 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 be feature incomplete, may materially change prior to commercial launch, or may never be released commercially. Despite any other provisions of this ToS to the contrary, any use of or reliance on such beta features or services is done at Your own risk and is provided as is and without warranty of any kind.
4.4 Samsung Pass and its features and functions may not always be available or error-free. Samsung may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of Samsung Pass, temporarily or permanently, including the availability of any portion of Samsung Pass at any time with or without notice to You and You agree that Samsung shall not be liable to You or to any third party as a result of taking any of these actions.
5.1 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 must register Your physiological biometric data to prevent others from accessing or using Samsung Pass on Your device. You agree to notify Samsung immediately if Your Samsung Pass 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 off Samsung Pass via the Find My Mobile service to help prevent unauthorized use.
6. Grant of License and Restrictions
6.1 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 these ToS. You acknowledge and agree that some of the functionalities or services offered by Samsung Pass may be provided by Samsung’s affiliates or subcontractors on behalf of Samsung. Certain portions of Samsung Pass may be subject to open source licenses, in which the terms of such open source licenses may precede the terms of these ToS with respect to that portion of Samsung Pass
6.2 [Use of Samsung Pass requires Your device to have access to the Internet via a mobile network (fees may apply), and requires obtaining updates or upgrades from time to time. Because use of Samsung Pass involves hardware, software, Internet access and applicable updates, Your ability to use Samsung Pass may be affected by the performance of these factors. You agree that complying with such system requirements, which may be changed from time to time, is solely Your responsibility.]
6.3 You shall not interfere 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 ToS. 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.
6.4 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 (or encourage or assist any other person to do any of the foregoing) Samsung Pass in whole or in part.
6.5 Samsung, in its sole discretion and without notice to You unless required by applicable law, may immediately (i) suspend or terminate Your use of Samsung Pass; (ii) terminate the licenses granted hereunder; and/or (iii) preclude access to Samsung Pass.
7. Third Party Services
Samsung Pass may include links to, access to or use Third Party Services. Such access will not be construed as an endorsement, sponsorship, or affiliation by Samsung of such Third Party Services. Samsung exercises no control whatsoever over such other Third Party Services, and is not responsible or liable for the availability, functioning, or quality thereof or the content, advertising, products or other materials thereon. 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 therewith. Your access and use of Third Party Services, including information, material, products and offers therein, is solely at Your own risk. Use of Third Party Services may require Your agreement to separate terms and conditions
8.1 DISCLAIMER OF WARRANTIES. SAMSUNG PASS IS PROVIDED “AS IS,” "WHERE IS" AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. SAMSUNG AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OR GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, RELATING TO SAMSUNG PASS AND/OR SERVICES MADE AVAILABLE VIA SAMSUNG PASS AND SPECIFICALLY DISCLAIM ALL SUCH WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE PREVIOUS DISCLAIMER, SAMSUNG AND ITS LICENSORS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT: (I) SAMSUNG PASS WILL OPERATE IN AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE MANNER; (II) SAMSUNG PASS WILL ALWAYS BE AVAILABLE OR FREE FROM ALL HARMFUL COMPONENTS OR ERRORS; (III) SAMSUNG PASS WILL BE SECURE AGAINST OR IMMUNE FROM (INCLUDING THE CONTENT DELIVERED TO YOU OR ANY INFORMATION YOU PROVIDE) ANY UNAUTHORIZED ACCESS; AND (IV) THIRD PART SERVICES AND OTHER SAMSUNG PASS SERVICES WILL BE AVAILABLE, ACCURATE, OR ERROR-FREE.
8.2 DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT SHALL SAMSUNG OR ITS LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY, PRODUCT LIABILITY, INFRINGEMENT OR ANY OTHER THEORIES, EVEN IF SAMSUNG OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS MEANS THAT YOU HEREBY WAIVE ANY AND ALL RIGHTS TO ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS FROM SAMSUNG AND ITS LICENSORS. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT SAMSUNG WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS IF YOU ALLOW ANYONE (SUCH AS ANOTHER USER) TO USE OR HANDLE YOUR DEVICE OR SAMSUNG PASS. 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).
8.3 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 CM AWAY FROM YOUR DEVICE; (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.
8.4 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) SIGNIFICANT DIFFERENCES 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) OTHER FACTORS AFFECTING 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 STAND ALONE AUTHENTICATION METHOD FOR SAMSUNG PASS. YOU WILL NEED ADDITIONAL AUTHENTICATION TO USE SAMSUNG PASS PROPERLY.
8.5 THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
9. Governing Law
These ToS shall be governed and construed by the laws of the State of New York, without regard to its conflict or choice of law provisions. Unless otherwise provided for in the governing law, any claim or dispute arising in connection with these ToS or Your use of Samsung Pay shall be resolved as set forth in the Service Terms and Conditions, located at https://account.samsung.com/membership/terms.
[21. 4. 2017]