Skip to main content
Main Content
Jump to...

Terms and Conditions

You must agree to the following terms and conditions to use the Card RuleSM Application and its associated websites and software.

END-USER LICENSE AGREEMENT

IMPORTANT — READ CAREFULLY
THIS IS A LEGAL DOCUMENT

TO USE THIS APPLICATION YOU MUST AGREE TO THIS END-USER LICENSE AGREEMENT. BY CLICKING THE “LOGIN”, “NEW USER” OR SIMILAR INITIAL CLICK-ON BUTTON, YOU AGREE TO AND WILL BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS END-USER LICENSE AGREEMENT. IF YOU DO NOT AGREE, YOU WILL NOT BE AUTHORIZED TO USE THE APPLICATION(S).

SECTION 1 DEFINITIONS

The following defined terms shall have the meanings set forth below:

"Applications" shall mean any software installed or executed from a mobile device or emulator, including the Card Rule Application itself.

"Card RuleSM Application" shall mean the Card Rule Application, in all its versions, as available from time to time, on the Android or AppleStore and related innovation sites hosted by TSYS. Your access to the Card Rule Application and the features available will depend on your level of authorized access provided in TSYS's sole discretion.

"EULA" shall mean this End-User License Agreement.

"End User" shall mean you, individually, as the user of the Card Rule Application. Any references in this EULA to "you" or "your" shall collectively mean the End User and the company which they represent.

"Information" shall mean any data, information, statements, or reports provided or displayed by TSYS through the Application(s), but exclude any marketing, advertising, or notices displayed by the Customer through the Application(s) or the content of any messages communicated by Customer or End User through the Application(s).

"Intellectual Property" shall mean, to the extent that any of the following are recognized anywhere in the world, intellectual property and/or proprietary rights, whether registered or unregistered, including without limitation copyrights, patent rights (including without limitation applications for patent protection), publicity rights, trade secret rights and Trademark rights.

"Related Services" shall mean any ancillary services performed by TSYS that are necessary for the proper operation of the Card Rule Application, including, without limitation, routine data or file processing and storage, email notifications, managing returned emails, webpages, applications and other features which are enable through accessing the Card Rule Application.

"Trademark" shall mean any registered or otherwise protected trademarks, trade names, service marks and any protections from trademark dilution.

SECTION 2 SCOPE OF AGREEMENT

This End-User License Agreement ("EULA") governs the provision and use of the Application(s) and any Related Services and Information provided to you, as may be modified or enhanced from time to time. To lawfully use the Card Rule, the End User is required to read, acknowledge and agree to the terms and conditions of this EULA by clicking the "Login", "New Account" or similar initial click-on button within the Card Rule Application. This EULA is a legal agreement between you as the End User and Total System Services, Inc, (hereinafter "TSYS") as the licensor of the Card Rule Application. This EULA is in addition to any agreements between TSYS and you, and shall control as it relates to matters within its scope.

TSYS may modify this EULA from time to time, as set forth in Section 10. You will be required to agree to the revised EULA to continue using the Card Rule. The most recent and governing version of the EULA will be accessible through the Card Rule Application and can be printed for your review and permanent record.

SECTION 3 LICENSES

Grant of License. In consideration for the performance of all material obligations under this EULA, TSYS hereby grants you, and you hereby accept, a non-transferable, non-exclusive, non-sublicensable, non-assignable, revocable, limited license to download, install, access and use the Card Rule Application(s) in accordance with the terms and conditions set forth in this EULA, in a manner intended for authorized use. This license shall become effective upon accepting this EULA, the Acceptable Use Policy and TSYS’s Privacy Policy, and remain valid during the term of this EULA, unless otherwise terminated or revoked as provided hereunder. This license is for personal use only. You agree not to resell or make commercial use of the Card Rule Application. TSYS hereby reserves and retains all ownership, proprietary or other rights not expressly granted hereunder.

Termination of License. Unless otherwise agreed to by TSYS, the license granted hereunder shall terminate upon the occurrence of any one of the following events: (i) the relationship between the TSYS and you is terminated for any reason; (ii) this EULA is terminated pursuant to the terms set forth herein; (iii) you do not agree to modifications to this EULA that TSYS, in its sole discretion, determines to be reasonable; or (iv) at any time notified by TSYS in writing.

Revocation of License. TSYS reserves the right to immediately revoke any license granted hereunder, including under the circumstances that you attempt to use the Card Rule or their Related Services in an unauthorized manner, in a manner that is not intended by TSYS, or in contravention of your obligations set forth in Section 5.

SECTION 4 OWNERSHIP OF PROPRIETARY RIGHTS

The following property is owned by and constitutes the Intellectual Property of one or more entities defined as the TSYS or provided to the End User pursuant to valid licensing agreements: the Card Rule and any posting or content available to the you on the Card Rule Application, the TSYS Client Portal, any enhancements to the Card Rule Application or Related Services, any software or code developed to customize the Card Rule Application or Related Services for an End User or to enable the End User to interact with the Card Rule Application; and certain Trademarks displayed in the Card Rule Application and Related Services. All such Intellectual Property is protected by applicable copyright, patent, trademark or other intellectual property law.

As a condition of use of the Card Rule Application, you agree that all information provided to the Card Rule Application, transmitted or sent to the Card Rule Application by you may be freely used, without restriction of any kind, (including a worldwide, perpetual, royalty free, transferable, irrevocable, unrestricted license to use, distribute, modify, resell and create derivative works license) by TSYS or your issuer and their associated financial institutions. You acknowledge that this EULA does not convey or grant any Intellectual Property or other proprietary right to you, except for the limited licenses set forth in Section 3. Except as expressly authorized therein, you may not copy, reproduce, transmit, sell, display, distribute, publish, broadcast, circulate, modify, disseminate, or commercially exploit such Intellectual Property in any manner (including electronic, print, or other media now known or hereafter developed) without the written consent of TSYS. You hereby agree to refrain from doing or causing, directly or indirectly, any act that might impair TSYS's rights, title, or interest in any of the Intellectual Property.

SECTION 5 END USER OBLIGATIONS

Acceptable Use Policy. You understand that the Card Rule Application will not work unless you use it properly. You accept responsibility for making sure that you understand how to use the Card Rule Application in accordance with the on-line instructions provided by your issuing bank or their associated financial institutions. In the event of changes or upgrades to the Card Rule Application, you are responsible for making sure you understand how to use the Card Rule Application. You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Application(s), including your obligation to comply with the current terms of the TSYS Acceptable Use Policy at http://www.tsys.com/cardrule/aup.html.  TSYS hereby expressly disclaims any and all liability arising from or relating to your violation of the TSYS Acceptable Use Policy.

End User Account Information. It is solely your responsibility to maintain current and accurate information for your account within the Card Rule Application. If you fail to maintain a current and valid email address, you will not be notified when information becomes available through the Card Rule Application. You assume responsibility for all consequences arising from your failure to maintain accurate account information within the Card Rule.

Card Rule Access. You acknowledge that the availability and performance of the Card Rule Application may be subject to interruption or delay due to causes beyond the reasonable control of TSYS.

Geographical Information. This application may access your geographic location and other personal information. If you wish not to share to such information, you must change the settings of your mobile device to restrict or deny such information sharing.

User Codes. Your access to the Card Rule Application will be controlled by a user name and password (collectively referred to as "User Codes"), as well as the authorization approved by your card issuer or their related financial institutions. The User Codes are for your personal use only, and you agree not to disclose them to any third party. You are responsible for maintaining the confidentiality of the User Codes and for establishing sufficient policies and controls and taking such actions to protect against disclosure of your User Codes. You are responsible for all statements made, acts or omissions that relate to your user account while access to the Card Rule Application is obtained using your User Codes, regardless of whether you authorized such use. You are responsible for any damages, losses, costs, or breaches of security incurred or caused by your failure to maintain the confidentiality of your User Codes. You agree to IMMEDIATELY notify TSYS (using the "Contact Us" link) and your program administrator if you become aware or suspect that your User Codes have been lost, stolen, or compromised in any way, or if you become aware of possible or actual unauthorized use of the Card Rule Application.

SECTION 6 ADVERTISING AND LINKS TO OTHER SITES

Advertisements. The Card Rule Application may contain advertisements or notices posted by TSYS or third parties. TSYS does not endorse, audit, or attest to the accuracy or suitability of such advertisements or notices. TSYS hereby disclaims any responsibility or liability arising from or relating to the accuracy or content of such advertisements or notices.

Web Site Links. The Card Rule Application may contain links to Web sites or other online applications controlled or offered by third parties that are not affiliated with TSYS ("Third Party Sites") solely as a convenience to you. TSYS hereby disclaims liability for any information, materials, products or services posted or offered at any such Third Party Site. By creating a link to a Third Party Site, TSYS does not endorse or recommend any products or services offered or information contained at such Third Party Site, nor is TSYS liable for any failures of such products or services offered or advertised at such sites. The Third Party Sites may have a privacy policy different from that of TSYS and may be less secure than the Card Rule Application. When you access a Third Party Site, you do so at your own risk.

SECTION 7 WARRANTIES

Ownership. TSYS warrants that it has full title and ownership of the Card Rule Application or is providing the Card Rule Application pursuant to valid licenses. TSYS further warrants that it has the full power and authority to grant the licenses conveyed by this EULA to End User and that the license granted to the End User and the normal use of the Card Rule will in no way constitute an infringement or other violation of any Intellectual Property of any third party.  The sole remedy for a breach of these warranties is for TSYS to attempt commercially reasonable efforts to cure such breach within a reasonable period of time, no less than one (1) year from time of written notice by you.

Availability. You hereby acknowledge that from time to time the Card Rule Application may be inaccessible, inoperable, or experiencing performance degradation for various reasons, including normal data or file processing, periodic maintenance of or enhancements to the Card Rule Application, operation malfunction, and causes beyond the control of TSYS. You understand that the devices and their operating systems change from time to time and the Card Rule Application may not work as intended or specified due to compatibility issues. TSYS makes no guarantee of the availability or performance of the Card Rule Application.

Limitations. THE CARD RULE APPLICATION, RELATED SERVICES, AND INFORMATION PROVIDED PURSUANT TO THIS EULA ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY WARRANTED ABOVE, PROVIDER AND ITS RELATED PARTIES HEREBY EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF AVAILABILITY, RELIABILITY, USEFULNESS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING, AND USAGE OF TRADE. PROVIDER DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION.

SECTION 8 ALLOCATION OF RISK

Limitation of Liability. IN NO EVENT WILL PROVIDER BE LIABLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COST OF PROCURING SUBSTITUTE SERVICES, LOST PROFITS, LOSSES, OR OTHER EXPENSES) ARISING IN CONNECTION WITH THE PROVISION OR USE OF THE CARD RULE APPLICATION(S), RELATED SERVICES OR INFORMATION PROVIDED PURSUANT TO THIS EULA, REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, OR WHETHER PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES.

WITHOUT LIMITING THE FOREGOING, THIS LIMITATION OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE UNAVAILABILITY OF THE APPLICATION(S), UNAUTHORIZED ACCESS OR PAYMENTS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, COMPATIBILITY, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE. PROVIDER CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR COMPLETELY SECURE ACCESS TO THE APPLICATION(S). 

IF YOU ARE DISSATISFIED WITH THE CARD RULE APPLICATION, RELATED SERVICES, OR INFORMATION, OR ANY PORTION THEREOF, YOUR EXCLUSIVE REMEDY SHALL BE TO CEASE USING SUCH PRODUCTS OR SERVICES.

The parties agree that the limitation and exclusions of liability and disclaimers specified in this EULA will survive and apply even if found to have failed their essential purpose.

Indemnification. You agree to indemnify, defend, and hold us and our affiliates, card issuer (and their associated financial institutions) and service providers harmless from and against any and all third party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney fees) caused by or arising from your use of the Card Rule Application, your violation of this EULA, your violation of applicable federal, state or local law, regulation or ordinance, or your infringement (or infringement by anyone using your account) of any intellectual property or other right of anyone.

SECTION 9 PRIVACY & CONFIDENTIALITY OF INFORMATION

TSYS will abide by any applicable law, rules, or regulations relating to the privacy of non-public, personal information. TSYS will also adhere to the Privacy Policy that is published and accessible through the Card Rule Application. The Privacy Policy sets forth the means by which and types of information TSYS collects through the use of the Card Rule Application. TSYS will take commercially reasonable actions to ensure that any non-public personal information collected from you will remain confidential. Such confidential information shall only be used for the purposes for which it was provided. For purposes of clarity, as a condition of use, two of the express purposes which any information is provided by you to the Card Rule Application are for: (i) the improvement or development of TSYS services and products and (ii) the unrestricted sharing and use of the information you provide by your card issuers and their associated financial institutions to better manage and support your credit card transactions.

In addition, TSYS may aggregate statistical data from the information provided through the Card Rule, without identifying you or the Customer as its source, which may be used by TSYS or other third parties to assist in providing better products and services to you. You hereby expressly consent to such use of the information.

TSYS and others may generate emails to notify or confirm activities within the Card Rule Application that are not encrypted. You hereby acknowledge that information may be intercepted during transmission to or from the Card Rule Application and that TSYS cannot and does not guarantee that the use of the Card Rule Application is completely secure. You hereby agree to assume any and all risk associated with the unauthorized access to your information during transmission of such information between the Card Rule Application and you and after such information has been delivered to you.

For more information, see our TSYS Privacy Policy at http://www.tsys.com/cardrule/privacy.html.

SECTION 10 GENERAL TERMS & CONDITIONS

Term and Termination. Either party may terminate this EULA without advance notice. TSYS may discontinue or change the Card Rule Application, Related Services, Information, or their availability to you, at any time or for any reason, with or without notice. If you breach any of the terms of this EULA, your authorization to access and use the Card Rule Application will automatically terminate absent TSYS’s written waiver of such breach.

Governing Law and Jurisdiction. You and TSYS agree that all matters arising from or relating to the TSYS's provision of the Card Rule Application, Related Services, Information, and your access to and use thereof, shall be governed by the laws of the State of Georgia and the United States, without regard to conflict of laws principles. You and TSYS agree to submit to the exclusive personal jurisdiction and venue of the appropriate state or federal court located in Columbus, Georgia, USA with respect to all such matters.

Export Control. You acknowledge that the Card Rule Application is subject to the United States (U.S.) government export control laws and regulations, which may restrict or prohibit the use, export, re-export, or transfer of the Card Rule Application. You agree that you will not directly or indirectly use, export, re-export, or transfer the Card Rule Application except in compliance with applicable U.S. export laws and regulations. Without limitation, you agree that you will not use the Card Rule Application in any embargoed or sanctioned country such as Iran, North Korea, Sudan, and/or Syria.

Assignment. The EULA shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. You may not assign the EULA, or your rights or obligations hereunder, without the prior written permission of TSYS. TSYS may assign, at its sole discretion, the EULA or any of its rights or obligations hereunder without notice to End User.

Modification. TSYS, in its sole discretion, may make reasonable modifications to the terms and conditions of this EULA to address changes or enhancements to the Card Rule or Related Service or to address changes in applicable law. If this EULA is modified, you will have the opportunity to review the revised EULA and decide whether to agree to the terms. You will be required to agree to the revised EULA to continue using the Card Rule. The most recent and governing version of the EULA will be accessible through the Card Rule and can be printed for your review and permanent records. No modification or amendment of any provision of this EULA shall be effective against TSYS unless the same is in writing and signed by an authorized official of TSYS.

Waiver. A party's failure to exercise any right, power, or remedy under this EULA shall not operate as a waiver of a continuing breach or a similar breach in the future. All rights and remedies provided under this EULA are cumulative and not exclusive of any other rights or remedies which are otherwise available at law or equity.

Severability. If any provision of this EULA is declared or found to be illegal, unenforceable, or void, then both parties shall be relieved of the obligations imposed by such provision, but only to the extent that such provision is illegal, unenforceable or void. The remaining terms and provisions of this EULA shall continue in full force and effect.

Notices. All notifications to TSYS pertaining to this EULA or the provision or use of the Card Rule Application shall be communicated through the "Contact Us" link in the Card Rule Application with the phrase "EULA LEGAL NOTICE" in the subject line. All notifications to the End User shall be communicated using the email address on record in the Card Rule Application. End User shall be responsible for maintaining accurate email contact information in the Card Rule Application.

Headings. The headings referred to or used in this EULA are for reference and convenience purposes only and shall not in any way limit or affect the meaning or interpretation of any of the terms hereof.

Survival. To the extent applicable, the provisions of this EULA relating to the following rights or obligations shall survive the termination, cancellation, expiration, and/or rescission of this Agreement: Section 4 (Ownership of Proprietary Rights), Section 6 (Advertising and Links to Other Sites), Section 7 (Warranties), Section 8 (Allocation of Risk), Section 9 (Privacy & Confidentiality of Information), and any provision that: (i) expressly states its survival, (ii) is necessary for the enforcement of this EULA, including Governing Law and Jurisdiction, (iii) is necessary to interpret surviving provisions, or (iv) provides for a remedy available under this EULA.

Entire Agreement. This EULA, The TSYS Acceptable Use Policy, and the Privacy Policy referenced herein represent the complete and exclusive statement of the agreement and understanding between you and TSYS regarding your rights to access and use the Card Rule Application and the provision of Related Services and Information. In the event of a conflict between the TSYS Client Portal EULA, the Privacy Policy and this EULA, this EULA shall have precedence. This EULA supersedes all prior and contemporaneous agreements and representations regarding such subject matters, including any verbal representations or agreements that may have been reached.

BY DOWNLOADING OR USING THIS APPLICATION, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS END-USER LICENSE AGREEMENT AND EXPRESSLY AGREE TO BE BOUND BY ALL OF ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL SUCH TERMS AND CONDITIONS, DO NOT ATTEMPT TO ACCESS OR USE THE APPLICATION(S).