Merchant App End-User License Agreement (Template)
This is a template. A Merchant that publishes its Wallet-powered wallet as an installable app under its own developer account (the "Provider") completes the bracketed fields (for example, the Provider's legal name, contact details, and governing-law state) before providing this Agreement to end users. Wallet Inc. provides the underlying technology and is not the Provider. Guests who use the wallet on the web or as a home-screen app are governed by the Guest Wallet Terms, not this Agreement.
This End-User License Agreement ("Agreement") is a legal agreement between you and [MERCHANT LEGAL NAME] ("Provider", "we", "us") for your use of the Provider's branded mobile wallet application and related services (the "Application"). The Application is powered by technology licensed from Wallet Inc. ("Wallet"). Please read this Agreement before using the Application.
By using the Application, you agree to this Agreement. If you do not agree, do not use the Application.
1. The Application
The "Application" means the Provider's branded wallet, whether you access it on the web, add it to your device's home screen, or download it from an app store. Sections 8 (Apple) and 9 (Google) apply only when you obtained the Application from the applicable app store.
2. License
The Provider grants you a limited, revocable, non-exclusive, non-transferable license to use the Application for your personal, non-commercial purposes, on a device you own or control and in accordance with this Agreement and any applicable app-store terms. The Application is licensed, not sold, to you.
3. Eligibility
By using the Application, you represent that you are of legal age and have the capacity to enter into this Agreement, or that you are using it under the supervision of a parent or legal guardian who agrees to be bound by it. Some programs are age-restricted (for example, alcohol at 21+ or gaming/casino at 21+); where they apply, you represent that you meet the required age. The Application is not directed to children under 13, and we do not knowingly collect their personal information. We may suspend or end your access if you do not meet these requirements or are barred from using the Application under applicable law.
4. Restrictions
You will not: reverse engineer, decompile, or disassemble the Application except as permitted by law; rent, lease, sell, sublicense, or commercially exploit it; remove proprietary notices; circumvent or attempt to circumvent security or access controls; use automated means to access, scrape, or overload it; interfere with its operation; or use it unlawfully or to transmit unlawful, infringing, deceptive, or harmful content.
5. Your content and conduct
You are responsible for content you submit and for your activity in the Application. You will not submit content that is unlawful, infringing, deceptive, or harmful. The Provider may remove content or suspend access for violations.
6. Privacy
Your information is handled as described in the Provider's privacy notice and in Wallet's Privacy Policy. By using the Application, you agree to those practices and consent to the collection and use of your information as described in them. [MERCHANT: link your privacy notice.]
7. Powered by Wallet Inc.
The Application runs on Wallet's platform, which the Provider licenses from Wallet under a separate agreement. Your use of the underlying Wallet platform is also subject to Wallet's Guest Wallet Terms and Privacy Policy. Wallet is not the Provider, does not sell the Provider's goods or services, and is not responsible for the Provider's program; loyalty points, rewards, and Merchant Credit are provided by the Provider. Wallet is an intended third-party beneficiary of the disclaimers, limitations of liability, indemnities, and restrictions in this Agreement and may enforce them. This Agreement governs the Application and app-store matters; the Guest Wallet Terms (including their dispute-resolution provision) govern your use of the underlying Wallet platform. If this Agreement conflicts with the Guest Wallet Terms, this Agreement governs matters specific to the Application and the app store, and the Guest Wallet Terms govern your use of the Wallet platform.
8. Apple App Store (applies if you obtained the Application from the Apple App Store)
8.1 This Agreement is between you and the Provider only, not with Apple. The Provider, not Apple, is solely responsible for the Application and its content.
8.2 The license is limited to use of the Application on Apple-branded products that you own or control, as permitted by the Usage Rules in the App Store Terms of Service, including access through Family Sharing or volume purchasing where applicable.
8.3 Maintenance and support for the Application is the Provider's responsibility; Apple has no obligation to provide it.
8.4 To the maximum extent permitted by law, Apple has no warranty obligation for the Application. If the Application fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any) you paid for it; otherwise the Provider is solely responsible for warranty claims.
8.5 The Provider, not Apple, is responsible for addressing any claims relating to the Application, including product liability, legal or regulatory non-conformance, and consumer-protection claims.
8.6 The Provider, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Application infringes intellectual property rights.
8.7 You represent that you are not located in a country subject to a U.S. Government embargo or designated as terrorist-supporting, and that you are not on any U.S. Government prohibited-or-restricted party list.
8.8 You must comply with applicable third-party terms of agreement when using the Application (for example, your wireless data service agreement).
8.9 Questions, complaints, or claims about the Application should be directed to the Provider at [MERCHANT CONTACT EMAIL / ADDRESS].
8.10 Apple and its subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance, have the right to enforce it against you.
9. Google Play (applies if you obtained the Application from Google Play)
Your use of the Application obtained from Google Play is also subject to the Google Play Terms of Service. The Provider, not Google, is solely responsible for the Application and for support, warranty, and all claims relating to it, and any refunds are handled as provided by Google Play. Google is not responsible for the Application.
10. Disclaimers
The Application is provided on an "AS IS" and "AS AVAILABLE" basis, with all faults and without warranties of any kind to the maximum extent permitted by law, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Neither the Provider nor Wallet (nor their licensors) warrants that the Application will be uninterrupted, secure, or error-free. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you.
11. Limitation of liability
To the maximum extent permitted by law, neither the Provider nor Wallet (nor their affiliates, officers, directors, employees, licensors, or suppliers) will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, and their total liability for claims relating to the Application will not exceed the greater of the amount you paid for the Application, if any, or one hundred US dollars ($100). Nothing in this Agreement limits or excludes liability that cannot be limited or excluded under applicable law, including liability for fraud or fraudulent misrepresentation, for death or personal injury caused by negligence, for gross negligence or willful misconduct, for a party's indemnification obligations, for breach of confidentiality, or for infringement or misappropriation of intellectual property. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
12. Indemnification
You will defend, indemnify, and hold harmless the Provider and Wallet, and their affiliates, officers, directors, employees, and agents, from and against any third-party claim and all resulting damages, losses, penalties, judgments, settlements, and reasonable attorneys' fees and defense costs, arising out of or relating to: (a) your content; (b) your use of the Application; (c) your violation of this Agreement or of applicable law; or (d) your infringement or misappropriation of any third-party right. This obligation is not limited by Section 11.
13. Term and termination
This Agreement applies until terminated. Your rights end automatically if you breach it, and you may end it by ceasing use and deleting the Application.
14. Changes
The Provider may update this Agreement; material changes will be notified before they take effect, and continued use after that constitutes acceptance.
15. Governing law
This Agreement is governed by the laws of [PROVIDER'S STATE / JURISDICTION], without regard to conflict- of-law rules. [PROVIDER: set the governing law; it may differ from Wallet's California choice because the Provider is the contracting party.]
16. Dispute resolution
Any dispute relating to your use of the underlying Wallet platform is governed by the dispute-resolution provision (arbitration and class-action waiver) in the Guest Wallet Terms. For any dispute relating to the Application or this Agreement, the parties submit to the courts located in [PROVIDER'S COUNTY / JURISDICTION], and you and the Provider each waive any right to a jury trial and agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding.
17. General
17.1 Severability. If any provision of this Agreement is held unenforceable, it will be enforced to the maximum extent permitted and, if it cannot be, severed, and the remaining provisions remain in effect.
17.2 Entire agreement. This Agreement, together with the Provider's privacy notice, the Guest Wallet Terms, Wallet's Privacy Policy, and any applicable app-store terms, is the entire agreement between you and the Provider regarding the Application. In the event of a conflict, the order of precedence in Section 7 applies.
17.3 Assignment. You may not assign this Agreement. The Provider may assign it, including in connection with a merger, acquisition, or sale of assets.
17.4 No waiver. No failure or delay in exercising any right is a waiver of it.
17.5 Export and sanctions; compliance with laws. You will comply with all applicable laws in your use of the Application, including U.S. export-control and economic-sanctions laws, regardless of how you obtained the Application.
17.6 Survival. Sections 4 (Restrictions), 10 (Disclaimers), 11 (Limitation of liability), 12 (Indemnification), 15 (Governing law), 16 (Dispute resolution), and 17 (General) survive termination.
18. Contact
[MERCHANT LEGAL NAME], [MERCHANT CONTACT EMAIL], [MERCHANT ADDRESS]. The Application is powered by Wallet Inc., 275 E. Hillcrest Dr. #160-21, Thousand Oaks, CA 91360.