617 Detroit
Ann Arbor, MI
48104 USA
stratoscard.com
PLEASE READ THESE ENROLLMENT TERMS AND CONDITIONS CAREFULLY PRIOR TO SUBMITTING YOUR ORDER APPLICATION. IF YOU DO NOT AGREE WITH THE ENROLLMENT TERMS AND CONDITIONS, DO NOT SUBMIT YOUR ORDER APPLICATION. BY CHECKING THE AUTHORIZATION BOX ON THE ORDER APPLICATION SCREEN YOU ARE AGREEING TO CONTRACT ELECTRONICALLY AND WILL BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY PROVIDING YOUR CONSENT TO THIS AGREEMENT, YOU ALSO CONFIRM THAT YOU ARE ABLE TO ACCESS ALL NOTICES, DISCLOSURES, RECORDS AND OTHER INFORMATION PROVIDED TO YOU IN ELECTRONIC FORM. Enrollment Terms and Conditions These Enrollment Terms and Conditions (“Agreement”) are made by and between the person named in the Application (“you” or “your”) for the use of the services offered by Stratos Technologies, Inc. (“Stratos,” “we,” “our,” “ours”) and the Agreement governs your enrollment and use of the Services. 1. Definitions.
“Applicable Law” means any and all federal, state and local laws, rules and regulations applicable to you, the Services or Stratos.
“Application” means that form of application used by Stratos to collect your information pertaining to your use of the Services.
“Enrollment Data” means the information provided by you in the Application.
“Fees” means all fees and charges set forth on our Website for your use of the Services and acquisition of the Card, as adjusted from time to time by Stratos.
“Notices” means all disclosures, policies, notices, amendments or other communications related to this Agreement or the Services.
“Payment Instrument” means a credit card, debit card, ACH-enabled checking or savings account, merchant gift card, prepaid card, loyalty card, membership card or other payment method and/or other financial account that is registered in the Card.
“Payment Transaction” means the processing of a payment that results in the debiting, charging, or other related transaction of the Purchase Amount to your Payment Instrument.
“Product” means any merchandise, good or service that you may purchase using the Services.
“Purchase Amount” means the dollar amount of a Payment Transaction to pay for a Product, and any related fees, taxes or shipping charges, as applicable.
“Services” are defined in Section 3 of this Agreement.
By enrolling in and using the Services, you agree to be bound by the terms and conditions of this Agreement, the Privacy Policy and the Terms of Use and you acknowledge that you have read, understand and agree to abide by each of their terms. You agree that you are signing a legally binding contract between you and Stratos. Any rights not expressly granted herein are reserved by Stratos.
The Services include a Bluetooth connected card (“Card”) providing you with the ability to store, manage, access, download retrieve and interact with our your Payment Instruments, various non-payment card instruments (e.g. loyalty cards, access cards) and other applicable account data in conjunction with a card reader (“Reader”), mobile software applications (each application an “App”, collectively Apps) and cloud-based platform accessible at stratoscard.com and via Stratos Apps (“Cloud Services”). The Services also include additional, related features, platforms, services and publications (including software maintenance, service information, help content, bug fixes or maintenance releases) provided by Stratos from time to time (collectively, the “Additional Content”). Collectively, the Card, Reader, Apps, Cloud Services and Additional Content comprise the Services. The Services give you the ability to make purchases at participating merchant locations using any of the Payment Instruments stored on the Card.
Upon your completion of the Order Application and acceptance by Stratos, you will become eligible to use the Services offered by Stratos. You represent and warrant that each of your Payment Instruments is in good standing with the issuing financial institution. Stratos does not make any representation or verify that any of your Payment Instruments are in good standing or that the issuer of your Payment Instrument will authorize or approve any purchase of Products from a merchant when you use the Card in connection with a purchase. Stratos does not represent or warrant that any merchant or processor will accept the Card. Stratos, in its sole and absolute discretion, may refuse to approve or may terminate existing registrations for the Services with or without cause or notice, other than any notice required by any Applicable Law. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Stratos has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, Stratos has the right to suspend or terminate your access to the Services and to refuse your current or future use of the Services (or any portion thereof). By enrolling in and using the Services, in addition to the terms of this Agreement, you agree to comply with all Applicable Laws. Stratos may modify, amend, enhance, update, or provide a replacement for the software used to provide the Services or any element of its systems or processes at any time or withdraw, modify or amend any of the Services or functions of the Services. Stratos may terminate any of the Services immediately upon any final regulatory, legislative, or judicial determination that providing the Services is inconsistent with Applicable Laws or the rights of any third party. 4. Fees/Use of Card/Pre-Orders.
All Fees are stated exclusive of any applicable value added tax or sales taxes. You must pay to us the Fees required for the use of the Services, in cleared funds, in accordance with the instructions on the Website, in advance of your use of the Services or acquisition of the Card. We may modify the Fees from time to time by posting new charges on the Website. However, such variations will not affect Services for which you have already paid. You hereby authorize Stratos to charge the indicated credit card number for an annual subscription renewal Fee for the Services. You agree that this is an annual charge that will be made according to your billing cycle, and in order to terminate the annual recurring billing process you must arrange for an alternative method of payment or notify Stratos of your intention to discontinue your active membership through your account preferences within the Services or by contacting customer support. In the event that you discontinue or cancel your active membership, you may become ineligible for certain features of the Services and/or membership benefits upon the effective date of your cancellation.
Stratos provides a limited, six month warranty against manufacturing defects. Damaged, lost or stolen Cards are not covered under our limited warranty. If your card is damaged, lost or stolen, please contact us to order a replacement Card for an additional fee. If you decide to cancel your order before shipping we will refund your subscription in full net of any processed referral credits. Once your personalized card has shipped, we are unable to provide refunds.
In order to use the Card:
(a) you must be a resident of the United States;
(b) you must be 18 years old or older;
(c) you must provide a valid email address;
(d) you must provide true, accurate, current and complete Enrollment Data;
(e) you must maintain and promptly update the Enrollment Data;
(f) you must complete all required information elements on the Application;
(g) you must agree to notify Stratos immediately of any unauthorized use of the Card or the Services or any other breach of security regarding the Card or the Services of which you have knowledge; and
(h) in order to store your Payment Instruments on your Card, you will need to provide the information requested by Stratos in the Application.
You may not use the Services to purchase any illegal goods or services or for any other underlying illegal transaction. You agree that you will not use the Services to purchase any Products that violate this Agreement, other policies or rules applicable to the Services or Applicable Law. Failure to comply with these limitations may result in suspension or termination of your use of the Services.
Except as set forth in this Agreement, all Payment Transactions processed through the Services are non-refundable to you by Stratos and are non-reversible by you through the Services. You may have additional refund or charge-back rights under your Payment Instrument issuer agreement or Applicable Laws. You should review your periodic statement received from the issuer of your Payment Instrument which will reflect all Payment Transactions through the Services.
Stratos will utilize commercially reasonable efforts to deliver Cards and Services pre-ordered from Stratos on the official launch dates disclosed on the Website (as such launch dates may be extended from time-to-time in our discretion). Stratos cannot guarantee delivery until such time as the Cards and Services are available and shall not be liable for unforeseen circumstances which delay or prevent the delivery of the Cards or the Services pre-ordered from Stratos.
In the event that your Card is lost or stolen, if you enabled the security lock down feature on your Card, this feature will help secure your data by preventing an unauthorized user from activating and using your Card. If you did not activate this feature, or you want to take additional precautions, you should immediately contact the customer service department of your payment card provider and/or financial institution to suspect access to the financial accounts and payment methods currently associated with your Card (i.e. cards associated with touch sensors, “favorites,” and any card associated with the “priority spot” if applicable).
If your Card is lost, damaged or stolen, you may purchase a replacement Card directly from Stratos through the Website. Please note that your purchase of a new Card may require you to update some or all of the Payment Instrument information that you previously provided to Stratos.
For security purposes, in order to access the Services and use the Card, you have to create an account and verify your identity to help make sure that you are only putting your Payment Instruments on the Card. You hereby represent and warrant that the information you provide to Stratos upon registration will be true, accurate, current, and complete and that you will only put Payment Instruments on the Card that belong to you. You also hereby represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times. As a registered user, you will be required to create login information, including a username and password. Your account is personal to you, and you may not share your account information with, or allow access to your account by any third party. As you will be responsible for all activity that occurs under your access credentials, you should preserve the confidentiality of your username and password. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Stratos in writing. You are solely responsible for your own losses and the losses incurred by Stratos and others due to any unauthorized use of your Card. By entering into to this Agreement, you are authorizing merchants and Stratos to initiate debit and credit entries to/from your Payment Instruments and to debit or credit such Payment Instruments for the authorized Purchase Amount. If you enroll in our Services, you represent and warrant that you have the authority to authorize debits and credits to your Payment Instruments. By entering into this Agreement, you are authorizing Stratos to access information from third parties for the purpose of verifying your identity and to prevent fraud and to authenticate information used to subscribe to the Services in accordance with the Stratos Privacy Policy. You agree not to use the Services or any aspect or feature thereof for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the proceeding sentence, you agree that you will not do, or attempt to do, any of the following:
YOU ACKNOWLEDGE AND AGREE THAT STRATOS (I) HAS NO RESPONSIBILITY OR LIABILITY FOR OR UNDER ANY OF YOUR AGREEMENTS WITH ANY THIRD PARTIES, AND (II) WILL NOT BE LIABLE FOR ANY ACTS, OMISSIONS, MATERIALS, PRODUCTS, OR SERVICES OF ANY OF THEM OR ANY OTHER THIRD PARTY INCLUDING, WITHOUT LIMITATION, (A) ANY MISTAKE IN AUTHENTICATING DATA, FOR SECURITY PURPOSES OR OTHERWISE, (B) VERIFYING WHETHER YOU ARE ELIGIBLE TO COMPLETE THE TRANSACTION OR MAKE THE PAYMENT FOR WHICH YOU ARE ACCESSING THE SERVICES, (C) ANY MISTAKE BY A MERCHANT, PAYMENT PROCESSOR OR OTHERWISE IN CONNECTION WITH YOUR COMPLETING A PAYMENT TRANSACTION, (D) ANY MISTAKE IN TRANSMISSION OF DATA BY ANY THIRD PARTY, (E) ANY FAILURE IN EQUIPMENT, TRANSMISSION SYSTEMS OR THE FAILURE OF THE INTERNET TO TRANSMIT INFORMATION, (F) ANY FAILURE OF YOUR MOBILE DEVICE OR ANY EQUIPMENT NECESSARY TO ENABLE THE SERVICES, (G) ANY FAILURE OF A MERCHANT TO AUTHORIZE A PAYMENT TRANSACTION YOU INITIATED BY MEANS OF THE CARD, OR (H) ANY FAILURE OF A MERCHANT TO HONOR OR OTHERWISE ENGAGE IN A COMMERCE ACTIVITY OR ABIDE BY ANY COMMERCE ACTIVITY CONTRACT. THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS, AND THIS AGREEMENT MAY CONTAIN OTHER DISCLAIMERS, LIMITATIONS AND EXCLUSIONS THAT MAY NOT BE ALLOWED IN CERTAIN JURISDICTIONS, AND THUS WILL NOT BE APPLICABLE TO YOU.
The Services are owned and operated by Stratos. Stratos trade name, trademarks, ideas, documentation, logos, patents, patents pending, software, content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, content, and all other elements of the Service (“Stratos Materials”), are protected by copyright, trade dress, patent, and trademark laws of the United States and other jurisdictions, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. All Stratos Materials, including intellectual property rights therein and thereto, are the property of Stratos or its subsidiaries or affiliated companies and/or third-party licensors. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Stratos Materials. Stratos reserves all rights not expressly granted in these Terms. You have no interest, whatsoever, including copyright interest, franchise interests, license interests, patent rights, property rights, or other right, title or interest, to the Stratos Materials, except for the limited rights set forth in these Terms. You will make no attempt to duplicate or otherwise alter any Stratos software or the Services.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL OPERATE WITHOUT ERRORS OR THAT THE SERVICES WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY PRODUCTS YOU PURCHASE THROUGH THE USE OF THE SERVICES.
You agree to indemnify, defend, and hold harmless Stratos, its employees, directors, shareholders, or officers from and against any loss, liability, damage, penalty or expense (including reasonable attorneys’ fees and court costs) which may be claimed by a third party as a result of: (a) your use of the Services; (b) any breach or non-compliance by you of any term of this Agreement; (c) your violation of any representation, warranty or agreements referenced herein (d) any dispute or litigation caused by your actions or omissions; (e) your negligence or violation of any Applicable Law or rights of a third party; (f) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (g) any disputes or issues between you and any third party.
Unless otherwise prohibited by law, Stratos’ total, aggregate liability under this Agreement shall in no circumstance exceed $100.
EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL STRATOS BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES OR LOST PROFITS, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL OR SPECIAL DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF WORK PRODUCT, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, DIRECT OR INDIRECT, RESULTING FROM THE USE OF THE SERVICES OR OTHERWISE, EVEN IF STRATOS HAS BEEN ADVISED OF THAT POSSIBILITY. STRATOS IS NOT RESPONSIBLE FOR THE ACCURACY OF ANY PAYMENT INSTRUMENT, INCLUDING WITHOUT LIMITATION, WHETHER SUCH INFORMATION IS CURRENT.
EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Termination. We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of the Card or one or more Services for any reason, including without limitation violation of this Agreement or other policies we may establish from time to time. Upon termination of this Agreement you will no longer have access to the Services or the Card and Stratos may delete all related information, content and data associated with your use of the Services. You may terminate this Agreement by canceling your account with Stratos and uninstalling, if applicable, and ceasing use of the Services. No refunds will be granted in connection with any termination of the Card or the Services. You agree that termination of your account is your sole remedy for any dissatisfaction with the Card or the Services. Sections 1, 2, 7, 8, 9, 10, 12, and 14 shall collectively and/or individually survive the termination of this agreement for any reason at all. You agree that termination of this Agreement by you or Stratos will not affect any of our rights or your obligations arising under this Agreement prior to termination.
Stratos is not a bank or other chartered depository institution. Stratos is not an issuer of any Payment Instrument. With respect to Card transactions, all payment processing is handled solely by the merchant, and Stratos is not involved in the merchant’s processing of the payment.