Google Pay Terms and Conditions

1. Introduction

1.1 These Google Pay Terms and Conditions ("Google Pay Terms") are an agreement between you and Hong Kong Yunmo Technology Co., Limited, a company incorporated in Hong Kong (the "Company", "we", "us" or "our"), and govern your access to and use of your MothCard through Google Pay.

1.2 By registering your MothCard for use in Google Pay on an Android Device, you confirm that you have read, understood and accepted these Google Pay Terms, and that you will use your MothCard in accordance with them. If you do not agree with any part of these Google Pay Terms, you must stop using your MothCard in connection with Google Pay and remove your MothCard from Google Pay.

1.3 These Google Pay Terms are supplemental to, and must be read together with, the Terms of Service and the Privacy Policy, both of which are available in the MothCard App and on our website at mothcard.io. In the event of any inconsistency between these Google Pay Terms and the Terms of Service in relation to your use of your MothCard through Google Pay, these Google Pay Terms prevail.

1.4 Your MothCard is issued as part of the Issuance Services described in the Terms of Service, under the applicable Card Network. Your contractual relationship for the MothCard account, the Digital Wallet and the related services is with the Company, and all enquiries and complaints relating to your MothCard should be directed to us at support@mothcard.io.

1.5 Google Pay is provided by Google, not by us. Your use of Google Pay is additionally subject to the terms and conditions and privacy policy published by Google in respect of Google Pay. Those Google terms do not change or override these Google Pay Terms.

2. Definitions

Capitalised terms used but not defined in these Google Pay Terms have the meaning given to them in the Terms of Service. In addition:

• "Android Device" — a device running the Android operating system which we determine, at our sole discretion, is eligible for registration of a MothCard for use in Google Pay. Devices that have been modified contrary to the manufacturer's software or hardware guidelines, including by disabling hardware or software controls (commonly referred to as "jailbreaking" or "rooting"), are not eligible.
• "Device Card Number" — the unique numerical identifier, different from your MothCard number, allocated when your MothCard is registered in Google Pay and used to make purchases and receive refunds through Google Pay.
• "Google Pay" — the mobile payment and digital wallet service provided by Google that allows users to make payments using eligible Android Devices with cards registered on those devices.
• "Google Pay Registration" — the process of adding your MothCard to Google Pay, whether carried out by you in the Google Pay application or initiated by you from within the MothCard App, as further described in clause 3.3.

For the avoidance of doubt, Google Pay as referred to in these Google Pay Terms is not the "Digital Wallet" as defined in the Terms of Service, which is the digital wallet provided and hosted by us or our Custodian for storing approved virtual assets.

3. Eligibility and Registration

3.1 Google Pay is available to MothCard cardholders for the purpose of paying for goods and services with an eligible Android Device at merchants that accept Google Pay, whether at near field communication ("NFC") enabled terminals or online.

3.2 Availability depends on three things, each of which may change without notice to us: (i) whether Google Pay itself is available in your country or region and supports your Android Device; (ii) whether your particular MothCard is eligible for Google Pay, which may differ between MothCards; and (iii) whether the relevant merchant accepts Google Pay. We do not warrant that Google Pay will be available for every MothCard, in every country or region, or on every Android Device, and availability may be withdrawn or restored at any time.

3.3 You may complete Google Pay Registration either (i) in the Google Pay application, by entering or scanning your MothCard details, which can be viewed securely in the MothCard App, or (ii) where we make the option available for your MothCard, by initiating the registration from within the MothCard App, in which case your MothCard details are transmitted to Google Pay without you needing to enter them. The methods available to you are determined by us, by Google and by the applicable Card Network, and may change from time to time.

3.4 When your MothCard is registered in Google Pay, a Device Card Number is allocated to that registration. Transactions made through Google Pay are authorised using the Device Card Number rather than your MothCard number, and the Device Card Number is specific to the Android Device on which your MothCard is registered. Your MothCard number itself is not stored on the Android Device.

3.5 Before your MothCard is activated for use in Google Pay, we or the Card Network may require you to complete additional verification ("Additional Authentication"), which may include entering a one-time passcode sent to the contact details registered with us, or confirming the request in the MothCard App. The method of verification applied is determined by us and the Card Network and may change from time to time.

3.6 Your registration will be declined if your MothCard is not eligible for this service, if you fail Additional Authentication, or if your MothCard or your Account is not in good standing or is not being operated in a proper or satisfactory manner as determined by us at our sole discretion.

3.7 Google Pay may limit the number of cards that can be stored on a single Android Device. That limit is set by Google and is outside our control. We may separately limit the number of Android Devices on which the same MothCard may be registered, and will notify you of any such limit.

3.8 Where you hold more than one MothCard, each MothCard is treated separately and must complete its own Google Pay Registration and Additional Authentication.

3.9 Once your MothCard is registered in Google Pay, you may use Google Pay to authorise Transactions on your MothCard by presenting the Android Device in place of the MothCard at a contactless terminal, or by selecting Google Pay within an application or at an online checkout.

3.10 For online Transactions, you may in addition be asked to complete cardholder authentication required by the Card Network, which may include entering a one-time passcode sent to the contact details registered with us or confirming the Transaction in the MothCard App. Whether this step applies depends on the MothCard used, the merchant and the Card Network rules in force at the time. A Transaction may be declined if this authentication is not completed.

3.11 Because Transactions are authorised using the Device Card Number allocated to a particular Android Device, a merchant may require you to present the same Android Device when you return an item that was purchased using Google Pay on that device.

3.12 Where we renew or replace your MothCard, your existing Google Pay Registration for that MothCard may continue to apply, whether or not you have activated the renewed or replacement MothCard. Otherwise, you may need to complete Google Pay Registration again for the renewed or replacement MothCard.

4. Your Use of MothCard Through Google Pay

4.1 You must keep your Android Device safe and secure, including by locking it when it is not in use or is unattended, keeping its operating system and security software up to date, and not modifying it contrary to the manufacturer's guidelines. You acknowledge that using a modified Android Device with your MothCard in connection with Google Pay is prohibited, constitutes a breach of these Google Pay Terms, and is grounds for us to withdraw your access to your MothCard through Google Pay.

4.2 You must keep secure any passcode, personal identification number or other credential that allows your Android Device to be used to access your MothCard through Google Pay, with the same care as a banking password or PIN, including by: (i) not disclosing or sharing it with anyone; (ii) not keeping a record of it with the Android Device or with anything liable to be stolen together with the Android Device, unless reasonable efforts are made to protect it; (iii) not choosing an easily guessable credential such as your date of birth or a recognisable part of your name; and (iv) not failing, through negligence, to protect its security.

4.3 You must take all reasonable steps to prevent fraud, loss or theft in respect of your Android Device and your MothCard in connection with Google Pay.

4.4 If biometric identifiers registered on your Android Device can be used to access your MothCard through Google Pay, you must not allow any third party's biometric information to be stored on that Android Device. If a third party's biometric information is stored on the Android Device and can be used to access your MothCard, you acknowledge and agree that you are treated as having authorised that person to transact on your behalf, and the resulting Transactions will be charged to your MothCard and you remain responsible and liable for them.

4.5 Where you choose to be verified using biometric, passcode or personal identification number technology on your Android Device, that verification is performed by the technology on the Android Device itself. You acknowledge that we have no control over that technology and no control over the availability, capability, verification method, security or integrity of the Android Device, and that we cannot be held responsible for Transactions effected through Google Pay and authorised in that way. You should assess whether the Android Device's method of verification, and the risks associated with it, are acceptable to you.

4.6 Use of Google Pay is entirely at your discretion and you are not obliged to use Google Pay with your MothCard. Any access to or use of your MothCard through Google Pay is treated as authorised by you and you are responsible and liable for it. If you share your passcode with another person, you are treated as having authorised that person to transact on your Account through Google Pay, and you remain liable for those Transactions.

4.7 If your Android Device is lost or stolen, if any biometric information, personal identification number or passcode is compromised or used without your authority, or if your MothCard has been used through Google Pay without your permission, you must notify us immediately at support@mothcard.io. If we require, you must provide a police report, a statutory declaration in the form we specify, and any other information we may reasonably request. You are liable for all unauthorised use of your MothCard in connection with Google Pay until you notify us, unless we determine, at our sole discretion, that: (i) you have fully complied with these Google Pay Terms, including the security obligations above, and notified us without delay; (ii) you assist us in our investigation and in any recovery; and (iii) we are satisfied that the unauthorised Transactions did not arise from your wilful misconduct, fraud or gross negligence.

5. Transaction Records

5.1 You acknowledge that any transaction history displayed within Google Pay in connection with your MothCard reflects only our authorisation of Transactions made using that particular Android Device, and does not reflect post-authorisation activity, including clearing, settlement, currency conversion, refunds, returns or chargebacks.

5.2 Accordingly, the amount, currency and other details shown in Google Pay may differ from the amount ultimately cleared, settled and posted to your MothCard. If there is any inconsistency, the Transaction records available in the MothCard App prevail, and you remain liable to us for the amounts recorded there.

6. Fees and Charges

6.1 All Fees applicable to your MothCard under the Terms of Service continue to apply after you register your MothCard in Google Pay. Current Fees are set out in the MothCard App and on our website.

6.2 We do not currently charge any additional Fee for using your MothCard through Google Pay, but we reserve the right to introduce such a Fee at our sole discretion, with prior notice to you.

6.3 You are solely responsible for all third-party charges arising from your use of Google Pay, including any web-enablement, data usage, text messaging or similar charges imposed by your telecommunications carrier or service provider.

6.4 As a condition of using your MothCard in connection with Google Pay, you consent to our sending you service-related notifications, calls, text messages or emails concerning your MothCard and your use of Google Pay, to the Android Device or to the contact details registered with us, which may or may not be the same device or number. This does not include direct marketing, which is subject to separate consent as described in the Privacy Policy.

7. Suspension, Limits and Termination

7.1 We may suspend, block or cancel your ability to use your MothCard in connection with Google Pay at any time, without prior notice and without giving reasons. This includes modifying or suspending the types of Transaction permitted through Google Pay, changing the eligibility of a MothCard for use with Google Pay, and changing the authentication process.

7.2 Transactions made through Google Pay are subject to the same Transaction limits that apply to your MothCard, as set out in the MothCard App or otherwise notified to you. We do not currently apply separate limits to Google Pay, but we reserve the right to impose limits on the individual or daily Transaction amounts that may be charged through Google Pay, in which case we will notify you.

7.3 Where your MothCard has been suspended, cancelled or terminated under these Google Pay Terms or the Terms of Service, you will not be able to use it through your Android Device, even if the MothCard continues to be displayed in Google Pay on that device.

8. Collection and Sharing of Data

8.1 You agree that we may collect, transmit, store and use technical, location, login and other information about you and about your use of your MothCard through Google Pay. We may also collect information relating to your Android Device, including application version, device type and model, operating system, and security information such as whether the device has been rooted. We do so in order to: (i) ensure your MothCard functions correctly in Google Pay; (ii) maintain security and detect and prevent fraud; and (iii) provide you with support. Our handling of personal data, including any use of personal data for direct marketing, is described in the Privacy Policy and is subject to the consents obtained under it.

8.2 You acknowledge that (i) Google, as the provider of the Google Pay technology, together with its subcontractors, agents and affiliates, and (ii) the applicable Card Network, such as Visa or Mastercard, together with its subcontractors, agents and affiliates, will have access to certain details of Transactions made using your MothCard through Google Pay, for the purposes of: (1) performing their obligations in connection with the service; (2) providing relevant transaction data; (3) detecting and addressing fraud; (4) complying with Applicable Law; (5) responding to enquiries made pursuant to court orders or by regulators; (6) operating, improving and promoting Google Pay; and (7) business and technical performance reporting.

8.3 You acknowledge that the use, storage and disclosure of any personal data you provide directly to Google, to the applicable Card Network, or to any other third party supporting Google Pay, is governed by the privacy policy of that party and not by the Privacy Policy.

9. Merchant Offers and Disclaimers

9.1 Merchants may offer discounts, rebates or other benefits where payment is made through Google Pay ("Offers"). Offers are subject to terms agreed between you and the relevant merchant. We are not liable for any loss or damage arising from any interaction between you and a merchant in relation to an Offer.

9.2 All matters relating to goods and services purchased, including delivery, returns and warranties, are solely between you and the relevant merchant. We do not endorse or warrant any merchant accessible through Google Pay, or any Offer they provide.

10. Intellectual Property

All intellectual property rights, including patents, trade secrets, copyright, trade marks and moral rights, in Google Pay, including its text, graphics, software, images, video, sound, trade marks and logos, are owned by Google, by us, by our licensors or by other third parties. Nothing in these Google Pay Terms grants you any right in that intellectual property, and you acknowledge that you acquire no ownership rights by adding your MothCard to, or using your MothCard in connection with, Google Pay.

11. Disclaimer of Warranties

11.1 Google Pay is provided by Google and without warranty from us. You acknowledge that your use of your MothCard in connection with Google Pay may from time to time be delayed, interrupted or disrupted for periods we cannot predict or control. Neither we nor our affiliates are liable for any claim arising from or relating to such delay, interruption, disruption or similar failure.

11.2 You acknowledge that we are not a party to the terms and conditions for Google Pay between you and Google, that we do not own Google Pay and are not responsible for it, and that we give no warranty in respect of it. We are not responsible for the performance, maintenance or support of Google Pay, and are not responsible for any claim, loss, liability, damage, cost or expense in respect of Google Pay, including third-party product liability claims, claims that Google Pay fails to conform to any legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims of intellectual property infringement. Any enquiry or complaint relating to Google Pay itself should be directed to Google.

11.3 We do not recommend, endorse, or make any representation or warranty regarding the performance or operation of any Android Device. You are responsible for your choice of Android Device and for all matters relating to its operation, performance and cost.

12. Limitation of Liability

12.1 To the maximum extent permitted by Applicable Law, neither we nor our processors, suppliers or licensors, nor their respective affiliates, agents, directors and employees, are liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including loss of profit, goodwill, use or data, arising from the use of, inability to use, or unavailability of Google Pay, including your use of your MothCard in connection with Google Pay.

12.2 To the maximum extent permitted by Applicable Law, we and our processors, suppliers and licensors, and their respective affiliates, agents, directors and employees, assume no liability for: (i) any error, mistake or inaccuracy of content; (ii) personal injury or property damage of any nature resulting from your access to or use of Google Pay; (iii) any interruption or cessation of transmission to or from Google Pay; (iv) any bug, virus, trojan horse or similar that may be transmitted to or through Google Pay by a third party; (v) any error or omission in any content, or any loss or damage incurred as a result of the use of any content made available through Google Pay; or (vi) the defamatory, offensive or unlawful conduct of any third party.

12.3 Nothing in these Google Pay Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded or limited under Applicable Law.

12.4 The limitations in this clause apply in addition to, and do not limit, the limitations of liability set out in the Terms of Service. For the avoidance of doubt, the aggregate liability cap in clause 14.2 of the Terms of Service applies to any claim arising under these Google Pay Terms.

13. Indemnity

13.1 You will indemnify us and our employees, directors, agents, affiliates and representatives against all claims, costs, losses, damages, penalties and expenses, including reasonable legal fees, which we reasonably incur and which arise out of your fraud, wilful misconduct or gross negligence in connection with the use of your MothCard through Google Pay, including where such fraud, wilful misconduct or gross negligence consists of or results in: (a) a breach by you of your representations, warranties or obligations under these Google Pay Terms; (b) your wrongful or improper use of Google Pay; (c) your infringement of any third-party right, including any right of privacy, publicity right or intellectual property right; (d) your violation of any law, rule or regulation; or (e) access to or use of Google Pay by another person using your biometric credential, personal identification number, passcode or other security credential, where that access results from your failure to comply with clause 4.

13.2 Your liability under this clause does not extend to any loss to the extent it is caused by our own negligence, wilful default or breach of these Google Pay Terms, or to any loss that was not reasonably foreseeable.

13.3 Where an amount has become due and payable by you under this clause, we may, subject to Applicable Law and after giving you notice, set that amount off against your MothCard balance or your Digital Wallet balance. Otherwise the amount is payable by you on demand.

14. Your Representations and Warranties

You represent and warrant to us that: (i) where you provide a name during Google Pay Registration, that name is your own; (ii) you are the cardholder of every MothCard you add to Google Pay; (iii) you, and all Transactions initiated by you using a MothCard added to Google Pay, will comply with all laws, rules and regulations applicable to you, including applicable tax laws; (iv) you have authority to authorise receipt of notices, calls, text messages and emails from us at the contact details you provide; (v) you will not use your MothCard through Google Pay for any fraudulent purpose or in any manner that interferes with the operation of Google Pay; (vi) you will not permit any third party to use your MothCard through Google Pay; and (vii) your use of your MothCard in connection with Google Pay will comply with these Google Pay Terms.

15. Removing Your MothCard from Google Pay

15.1 If you no longer wish to use your MothCard through Google Pay, you must follow Google's instructions to remove your MothCard from Google Pay.

15.2 We may also, at our sole discretion or where required by the Card Network or by Applicable Law, request that the Device Card Number allocated to a Google Pay Registration be suspended or deleted, which will prevent further Transactions through that registration. Where this happens, your MothCard may continue to be displayed in Google Pay on the Android Device until you remove it yourself, as described in clause 7.3.

15.3 You must ensure that every MothCard is removed from an Android Device before you dispose of that device.

15.4 Removing your MothCard from Google Pay does not terminate your MothCard, unless you also terminate it in accordance with the Terms of Service.

16. Changes to These Google Pay Terms

We may amend these Google Pay Terms at any time by giving you reasonable prior notice, including by publishing the updated version in the MothCard App or on our website. You are bound by the updated version from the date it takes effect, and you should review the current version from time to time.

17. Severability

If any provision or part of a provision of these Google Pay Terms is illegal, invalid or unenforceable, it shall be severed and the remaining provisions, or parts of provisions, shall continue in full force and effect.

18. Governing Law and Jurisdiction

These Google Pay Terms are governed by the laws of Hong Kong, consistent with the Terms of Service, and the parties submit all disputes arising out of or in connection with these Google Pay Terms to the exclusive jurisdiction of the courts of Hong Kong.

19. Contact

Questions about these Google Pay Terms or about your MothCard should be sent to support@mothcard.io. Questions about Google Pay itself should be directed to Google.