Direct Express® Mobile and Online Terms & Conditions
As used throughout these Direct Express® Mobile and Online Terms & Conditions ("Terms of Use"), "Bank," "we," "our" and "us" means Comerica Bank and "you," "your" and "yours" means the user who entered into and is bound by these Terms of Use. "Website" means www.usdirectexpress.com.
Please read this document carefully. These Terms of Use apply to your use of the Website and any mobile services provided to you through the Direct Express® Debit Mastercard® Card program and that are accessible through a computer, mobile device, including a smartphone, tablet, or any other eligible handheld or wearable communication device ("Services"). By completing registration for the Direct Express® Mobile App ("Mobile App") or Website or by using the Mobile App or Website, you:
- Acknowledge you have received in writing, read and agree to the Terms of Use, the terms of use for your Direct Express® Debit Mastercard® Card (the “General Terms of Use”), and our Privacy Policy, which apply to and form a part of these Terms of Use.
- Agree that you will use the Service only for lawful purposes.
- • Agree to receive within the Services updates to these Terms of Use, and disclosures, notices, alerts and other communications regarding the Services.
- • Agree we may collect some data from your use and access to the Services, but only to the extent consistent with our Privacy Policy.
- • Agree to receive a verification code via text message (i.e., short message service or SMS) to the mobile phone number you provided to complete the registration process and for other functionality (e.g., requesting a new password) and understand message and data rates may apply.
- • Agree to automatically receive, at no cost, certain Card Account alerts ("Automatic Alerts") via text message to the mobile phone number you provided and understand you may opt out of receiving future alerts via text message by replying STOP or you may opt out by logging into your Card Account at the Website or via the Mobile App.
- • Agree that Article XIV of the General Terms of Use, regarding Legal & General Terms, applies to these Terms of Use, in its entirety, including YOUR AGREEMENT TO WAIVE YOUR RIGHT TO A JURY TRIAL, except as otherwise stated or where prohibited by applicable law.
These Terms of Use are a supplement to and form a part of the General Terms of Use. These Terms of Use shall control to the extent of any conflict between these Terms of Use and the General Terms of Use.
Capitalized terms used but not defined herein will have the meanings given to them in the General Terms of Use.
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- Mobile App Description.
- The Mobile App offers mobile device access to Card Account information such as account balance and transaction information, including deposits, withdrawals, ATM withdrawals, purchases, and ATM location information. To use the Mobile App, you must use a mobile device with text message capability and mobile data or internet access. In addition, you may elect to receive various offered alerts for your Card Account (e.g., Balance Below, Purchase Above, and Deposit , Expiring Card, Card Replacement, Address Change, etc.) via email, text message or push notification. Alert options are described more fully in Section 6.
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- Computer Requirements.
- To use the Website, you must have a personal computer equipped with a modem or other access device. You are responsible for the selection, installation, maintenance, and operation of your computer and software. We are not responsible for any errors, failures, or malfunctions of your computer or software. You are responsible for ensuring that your computer and software are compatible with the Website. We reserve the right to change the system requirements for using the Website at our sole discretion and without advance notice.
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- Acceptance.
- To use the Services, you must accept these Terms of Use. By completing the Services registration process or by using the Services, you are accepting and agreeing to be bound by these Terms of Use and the General Terms of Use.
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- Verification Code.
- During registration of the Mobile App, and for some Mobile App functionality (e.g., to request a new password), you may be prompted to receive a verification code via text message or email. Message and data rates may apply to your receipt of the verification code via text message. Contact your wireless carrier for information about your mobile plan rates for text message and data or internet usage.
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- Registration.
- Registering the Mobile App requires the use of a mobile device with text message capabilities and the ability to download the Direct Express® Mobile App. You may download the Mobile App at Google Play™ store or the App Store®.* To register your Card Account, follow the instructions and prompts provided in the Mobile App or Website. If you have not already registered your Card Account through the Website or Mobile App, you will need the following information to complete the registration: the cardholder’s social security number, the cardholder’s email address, a valid mobile phone number, the Card Number, the Card Expiration Date and the Card CVV (3-digit security code on the back of the card). Once the registration process is complete, an email or text message containing a verification code will be sent to the mobile device or email address that is attempting to be registered. The verification code must be entered into the Services to complete the registration process. If you do not agree to receive the verification code via text message or email or do not enter the code into the Services, the registration process cannot be completed and you will not have access to the Services.
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- Alert Options.
- From either the Mobile App or the Website, you may select alert options for receiving future alerts, including Balance Below, Purchase Above, and Deposit, as well as how you receive alerts (e.g., email, text message), and other preferences. If at any time you experience issues with your selected alerts options, you may contact Direct Express® at 1-888-741-1115 or reply to any Direct Express® text message with the keyword HELP (or send HELP to 23937 for Optional Alerts or 70846 for Automatic Alerts) for assistance options. We will not share any Personal Information you provide us when managing your messaging preferences except as described in our Privacy Policy.
Direct Express® Optional Alerts (e.g., Deposit, Balance Below, Purchase Above, and others that may be offered from time to time) help customers monitor their Card Accounts. You may opt in or out of Optional Alerts after registering your Card Account and navigating to "Manage Alerts" under the "Actions" tab in the Mobile App or Website. To end future Optional Alerts, send STOP to 23937 or reply STOP to any alert text message you received from Direct Express®. Message and data rates may apply to your receipt of or response to text message Optional Alerts.
Direct Express® Automatic Alerts e.g., Card Expiring, Address Change, Card Replacement, and others that may be offered from time to time) alert customers to potentially sensitive activity on their Card Account. Automatic Alerts are automatically enabled when you complete the Card Account registration process, including text messaging when you share your mobile phone number. You may opt out of text message Automatic Alerts by navigating to "Manage Alerts" under the "Actions" tab in the Mobile App or Website. To end future text message Automatic Alerts, send STOP to 70846 or reply STOP to any alert text message you received from Direct Express®. To opt out of email Automatic Alerts, contact Direct Express at 1-888-741-1115. Automatic Alerts are sent at no cost to you.
Optional and Automatic Alert Terms and Conditions. By setting up one or more Optional Alerts and/or receiving one or more Automatic Alerts, you acknowledge that you are aware of and agree to be bound by the following terms and conditions:- You acknowledge Optional and Automatic Alerts are sent as a convenience to you and that we will not be liable for any delay in or failure to provide any alert, any inaccuracy in an alert, or any interception of an alert by an unauthorized entity or person.
- You understand message frequency varies as alerts are only sent when the alert conditions are met.
- You understand that by accepting these Terms of Use and providing your mobile phone number, you consent to receive Automatic Alerts via text message.
- You represent you have the authority to use the mobile phone number you have provided to receive Automatic Alerts via text message and the mobile phone number you provided is accurate. You agree you will notify Direct Express® of any change to your mobile phone number.
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- Questions.
- If you have questions regarding the Services, please contact customer service at 1-888-741-1115.
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- Use of Biometric Technologies.
- If you use a mobile device that provides or permits certain biometric authentication technologies, such as facial geometry, voiceprints, or other biometric identifiers (collectively referred to as "Biometric Information"), we may permit you to use such technologies to access the Mobile App. If you use biometric authentication technologies, we will not collect or retain your Biometric Information nor shall we be responsible for any collection or use of your Biometric Information. Use and collection of your Biometric Information shall be governed by the terms of the agreement between you and your third-party mobile device, operating system or application provider.
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- Use of Other Technologies.
- We may use other use-tracking devices, which may change from time-to-time as technology changes, to help diagnose problems and to administer the Services. We also may track device types to help us understand our users' needs related to our Services design and functionality. By using the Services you acknowledge and agree that we may collect and store Personal Information, consistent with our Privacy Policy. We will not share any Personal Information you provide us through the Services with a third party except as described in our Privacy Policy.
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- Responsibility for Mobile Device.
- You are responsible for the costs associated with purchasing, maintaining, and protecting the mobile device you use to access and utilize the Mobile App. Further, you are responsible for properly downloading and installing the Mobile App and timely downloading all updates we make available for the Mobile App. You are also responsible for ensuring your mobile device is up to date with the applicable operating system and any security updates, as well as maintaining your mobile device’s capacity and connectivity required to use the Mobile App.
We, Direct Express®, and any federal or state government agency are not responsible for any third-party software or application that you may maintain on your mobile device regardless of how such third-party software or application affects your use of the Mobile App or how the Mobile App affects the third-party software or application. Further, We, Direct Express® and any federal or state government agency are not responsible for any non-standard settings selected or established on your mobile device, which may or may not affect your use of the Mobile App. -
- Acceptable Use of our Services.
- You will use the Services only for your personal, noncommercial use unless you and we have agreed otherwise in writing. You may not use the Services in any manner that could damage or overburden any of our equipment, systems, networks or software. You may not use any means of systematic retrieval of data or other content from the Services. You may not obtain, or attempt to obtain, access to any material or information to the Services that is protected by passwords, PIN or required login identification through any means not expressly authorized by us. You may not use the login information of another person, unless they specifically authorize you to do so. You are responsible for maintaining the confidentiality of your access credentials (e.g., user ID, password) to the Services, and the security of your systems and networks that you use to access the Services at all times. Except as otherwise required by applicable law or the General Terms of Use, or to the extent caused by our negligence, fraud or willful conduct, you are responsible for all uses of your access credentials, including uses associated with biometric authentication technologies. Notify us immediately if you learn or suspect (i) your computer, mobile device or access credentials have been shared with or disclosed to third parties, (ii) the confidentiality of access credentials is otherwise compromised or, (iii) any unauthorized use or fraud relating to your Card Account or Services.
We do not pay or provide compensation to security researchers who report security vulnerabilities to us without our prior written agreement. Conducting vulnerability testing without prior authorization may require us to report you to law enforcement or government authorities in accordance with applicable law. We reserve the right to revoke access to the Mobile App or Website by any party who, in our sole discretion, has violated these Terms of Use. -
- Fees.
- Currently, we do not assess fees to use or access the Mobile App, including viewing Card Account information or using the available alert options.
IMPORTANT INFORMATION ABOUT YOUR WIRELESS CARRIER CHARGES: Certain alerts and verification codes may be provided via text message or push notification and/or may rely on your mobile device data or internet access, for which your wireless carrier may charge you fees under your wireless plan. You acknowledge and agree that you are responsible for any fees or other charges that your wireless carrier may charge for any related data, text message, push notification or other message services. -
- Communications and Verification Codes.
- By using the Services, you represent that you are the owner of the Card Account, mobile phone number, and other information provided to register for the Services, or that you have the delegated legal authority to act on behalf of the owner of such Card Account, mobile phone number and other information to register for and use the Services. You authorize us to, and you agree that we may, send any notice or communication regarding the Services to you in any manner that we may elect, including email, text message, push notification, or by mail. This includes a change in terms notice or a termination notice of the Services. We may also send you messages to verify or authenticate your identity. You agree that notice or communication via electronic means (email, text message) will be effective and deemed delivered to you when we make the notice of communication available to you in such manner using the phone number (mobile or landline), fax number or email address you provided or, if applicable, your authorized representative. Further, you agree any communications sent by paper will be sent to your last known address we have on file for you or your authorized representative. Any paper communications sent by us to you at the address on file in our records will be deemed delivered to you once placed in the U.S. mail. If your mobile device changes, you must download the Mobile App to your new mobile device and sign in as an already-registered member. You agree that we and our affiliates and representatives may use automatic telephone dialing systems in connection with text messages sent to any mobile phone number you enroll. You further acknowledge and agree that:
- You will immediately notify us if any email address or mobile phone number you have enrolled is (i) surrendered by you, (ii) inactivated or removed by your carrier, or (iii) changed by you or your carrier. For your security or any other reason we deem it necessary, if we discover the email or mobile phone number associated with your Card Account changes without notice, or we are unable to deliver notifications, we may delete the email and mobile phone number and notify you.
- We or your wireless carrier are not liable for any delay or failure to deliver any message sent to or from us, including messages that you may send through us or that we may send on your behalf.
- We may use information on file with your wireless carrier to further verify your identity and to protect against or prevent actual or potential fraud or unauthorized use of the Mobile App. By using the Mobile App, you authorize your wireless carrier (i.e., AT&T, T-Mobile, US Cellular, Verizon, or any other wireless carrier) to use or disclose information related to your wireless subscriber account (such as your mobile phone number, name, address, email, network status, customer type, mobile device identifiers and other device and subscriber status information) to us our service providers, which may be used for the duration of your business relationship with them, solely to verify your identity and help prevent fraud. See the General Terms of Use and Privacy Policy for how we treat your data.
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- Intellectual Property.
- Except for the ability to use the Services as set forth herein or as may be set forth from time to time by us, these Terms of Use do not transfer to you any right, title or interest in or to any of the intellectual property or other proprietary rights in or to the Direct Express® program, the Mobile App, the Website, or any part of any of the foregoing. We or our affiliates or representatives retain all intellectual property and other proprietary rights, title, and interest in and to the Direct Express® program, the Mobile App, and the Website.
Neither you nor any user you authorize to use the Services to access your Card Account will (i) sell, lease, distribute, license or sublicense the Mobile App, the Website or any of the functionality, features, options thereof or any other part thereof; (ii) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the Mobile App or Website in any way for any reason; (iii) reproduce all or any part of the Mobile App or Website; or (iv) interfere, or attempt to interfere, with the Mobile App or Website. -
- Change in Terms.
- We may, from time-to-time and at any time, amend, modify, add, or delete (each, a "change") these Terms of Use or any part thereof with or without notice to you (except to the extent prohibited by applicable law). If applicable law requires that we provide you with advance notice of a change, we will provide you with no less than the minimum advance notice as is required by applicable law. Without limiting the generality of the foregoing, a change may include a change to existing terms and/or conditions, address new service or features available under the Services, or address conditions not otherwise contemplated by you or us at the time you accepted these Terms of Use. If you do not agree with any change, you may discontinue using the Services. Your continued use of the Services constitutes your acceptance of and agreement to any change.
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- Termination.
- You may terminate the Services at any time by removing the Mobile App from the mobile device on which it is downloaded and/or stopping your use of the Website. You may also, at any time, stop the alerts or change your alert options in the "Manage Alerts" section of the Mobile App or the Website or by calling customer service at 1-888-741-1115. We reserve the right to terminate the Services, in whole or in part, for any or no reason, with or without prior notice, and at any time.
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- Third Party Practices.
- The Services may contain links to other Internet sites that are not maintained by Comerica Bank. We cannot make any warranties or representations regarding these websites or the products or services offered on them. Comerica Bank does not control the privacy or security practices of third parties, or the locations where they process data. You should read the privacy and security policies of all sites you visit, including those which may be linked from our Services, as their practices may differ from ours.
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- Exclusion of Warranties.
- THE SERVICE AND ALL OF THE OPTIONS AND FEATURES MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR AFFILIATES OR REPRESENTATIVES WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, FREE OF DEFECTS, OR THAT DEFECTS WILL BE CORRECTED.
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- Limitation of Liability.
- SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, REPRESENTATIVES OR VENDORS, INCLUDING ANY OWNERS, DIRECTORS, OFFICERS OR AGENTS OF ANY OF THE FOREGOING, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (i) YOUR USE OF THE SERVICES; (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE MOBILE SERVICE, OR (iii) UNAUTHORIZED ACCESS TO THE SERVICES OR ALTERATION OF YOUR DATA, EVEN IF ANY OF THE FOREGOING PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES. FURTHER, NONE OF THE FOREGOING PERSONS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FAILURE RELATING TO THE SERVICES DUE TO CAUSES OR CONDITIONS BEYOND OUR REASONABLE CONTROL, INCLUDING WITHOUT LIMITATION, STRIKES, RIOTS, INSURRECTION, WAR, MILITARY OR NATIONAL EMERGENCIES, ACTS OF GOD, NATURAL DISASTERS, FIRE, OUTAGES OF COMPUTERS OR ASSOCIATED EQUIPMENT, QUARANTINES, PANDEMICS, OR FAILURE OF TRANSPORTATION OR COMMUNICATION METHODS OR POWER SUPPLIES. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY OF OURS OR OUR AFFILIATES OR VENDORS OR REPRESENTATIVES, INCLUDING ANY OWNERS, DIRECTORS, OFFICERS, AND AGENTS OF ANY OF THE FOREGOING, IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED ONE HUNDRED DOLLARS ($100.00).
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- Notice.
- Without limiting the generality of Section 15 (Change in Terms), you may give any notice or communication that you are required or permitted to give us under these Terms of Use by sending notice to: Account Services, PO Box 245997, San Antonio, TX 78224-5997. Additionally, you may call customer service at 1-888-741-1115. To the extent permitted by law, any such notice or communication will not be effective until we receive it and have had an opportunity to act upon such notice or communication.
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- General Legal Terms.
- For the avoidance of doubt, Article XIV (Legal & General Terms) of the General Terms of Use, as the same may be amended or modified from time to time, applies to these Terms of Use as if the same is set forth herein.
*The Google Play™ store and the App Store® are third-party trademarks, and the use of such marks herein is not intended to suggest any ownership, affiliation, or sponsorship.