Solo Cash Card Program Terms
Effective Date: September 7, 2022
THESE SOLO CARD PROGRAM TERMS SET FORTH THE REQUIREMENTS FOR YOUR PARTICIPATION IN THE SOLO CARD PROGRAM AND THE TERMS THAT GOVERN YOUR USE OF SOLO CARDS, INCLUDING THE PROCESS FOR OBTAINING AND MANAGING SOLO CARDS THROUGH THE SERVICES, AND THE ISSUANCE AND USE OF SOLO CARDS AS GOVERNED BY THE TERMS AND CONDITIONS OF STRIPE CARD SERVICES (“STRIPE CARD TERMS”) BETWEEN YOU AND ISSUERS. IN THE EVENT OF A CONFLICT BETWEEN THE SOLO CARD PROGRAM TERMS AND THE STRIPE CARD TERMS, THE STRIPE CARD TERMS SHALL PREVAIL. WE MAY UPDATE THESE SOLO CARD PROGRAM TERMS AT ANY TIME BY DELIVERING NOTICE, AND YOUR CONTINUED USE OF SOLO CARDS WILL CONSTITUTE ACCEPTANCE OF THE UPDATED TERMS.
CAPITALIZED TERMS THAT ARE NOT DEFINED HAVE THE DEFINITIONS PROVIDED AT https://solo.co/legal/terms/. IN THE EVENT OF A CONFLICT BETWEEN THE SOLO CARD PROGRAM TERMS, INCLUDING THE STRIPE CARD TERMS, AND SOLO TERMS, THE PROVISIONS OF THE STRIPE CARD TERMS SHALL PREVAIL.
TABLE OF CONTENTS
- 1.1 “Authorized Users” means the designated person or persons who can manage your Solo Card when submitting the Application.
- 1.2 “Card Application” means the Application You submit to determine your eligibility for a Solo Card as processed by the Issuer.
- 1.3 “Card Networks” means the payment card networks including Visa or Mastercard.
- 1.4 “Charge” means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.
- 1.5 “Credentials” means usernames, passwords, and other identifiers or credentials used to assist Us in identifying and authenticating you with regard to your use of the Services.
- 1.6 “Data” means information or documentation provided by You to Solo, and which includes financial information and any personal data provided by You or any Authorized User(s).
- 1.7 “Dispute” means a dispute that You initiate related to payment activity through Your Solo Card.
- 1.8 “Fees” means charges we or the Issuer may impose on you for use of Services or Your Solo Card.
- 1.9 “Issuer” means the party identified on Your Card Application that is a member of the Card Network indicated on Your Solo Cards and is responsible for issuing the Solo Cards to You, which is presently Stripe.
- 1.10 “Periodic Statement” means the periodic statements that reflect activity for all Solo Cards issued to You identifying Charges, Fees, Fines, refunds, or other amounts owed or credited to the Services during each billing cycle.
- 1.11 “Prohibited Activities” means the business types and activities posted on our website as updated from time to time that, where engaged in by You, may render You ineligible for a Solo Card.
- 1.12 “Prohibited Person” means any individual or organization that is subject to sanctions in the United States, identified on any lists maintained by OFAC or the U.S. Department of State, or is subject to any law, regulation, or other list of any government agency that prohibits or limits us from providing a Solo Card or Services to such person or from otherwise conducting business with the person.
- 1.13 “Restricted Activities” means the business types and activities posted on our website or as provided by Issuer as updated from time to time that, where engaged in by You, may limit Your use of certain Services or require additional information from You to open or maintain your Solo Card.
- 1.14 “Solo Card” means a physical or virtual payment card issued by an Issuer and managed through the Services.
- 1.15 “Solo Card Program” means the program through which Issuer’s issue Solo Cards to You, and for which Solo provides Services.
- 1.16 “Users” means any employees, contractors, or agents authorized to use the Solo Card on Your behalf.
- 1.17 “Stripe Card Terms” means the agreement between You and Stripe as the Issuer for use of Solo Cards identified on our website.
2. SOLO CARDS
- 2.1 Stripe Card Terms
Solo Cards are issued by Stripe. If you request to be issued a Card, you authorize us to arrange for issuance of a Card through Stripe, Inc., and you acknowledge that Solo Global, Inc. partners with Stripe Payments Company for money transmission services and account services with funds held at Evolve Bank & Trust, Member FDIC. Solo Cash Visa® Commercial Credit cards are issued by Celtic Bank.
Additionally, by submitting an application for a Solo Card, you agree to the Stripe Card Terms available here: https://stripe.com/legal/ssa.
These Solo Card Program Terms and the Stripe Card Terms concurrently govern Your use of the Solo Cards. You may only use the Solo Cards if You consent to the applicable Stripe Card Terms. Issuers may update Stripe Card Terms at any time by providing Notice to You through Solo and Your continued use of the Solo Cards constitutes Your acceptance of such updated Stripe Card Terms.
YOU MAY USE YOUR SOLO CARD, TRANSACT, AND USE THE SERVICES ONLY FOR VALID, LAWFUL, BONA FIDE BUSINESS PURPOSES ON YOUR BEHALF. USERS MAY NOT USE THE SERVICES FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES. YOU MUST ACCEPT AND COMPLY WITH THE SOLO CARD PROGRAM TERMS.
- 2.2 Authorized Users
You must specify at least one Authorized User to manage your Solo Card when submitting your Application. Authorized Users must have, and You represent that any individual designated as an Authorized User has, the requisite organizational power and authority to conduct business and manage Your Solo Card. In the event that an individual designated as an Authorized User no longer has such requisite organizational power and authority, You must notify us promptly and designate another Authorized User for the Solo Card.
Authorized Users may: add, remove, or manage additional Authorized Users and Users; view transactions; view and run reports and download statements; provide or update Data; Services, and other accounts to your Solo Card; consent to any new or updated terms or conditions contained in the Solo Card Terms or other agreements or policies incorporated in these Solo Card Terms, consent to supplemental agreements, or consent to any additional terms; and take actions specified in the Solo Card Program Terms and perform other tasks on Your behalf. Authorized Users must not authorize the use of Your Solo Card or the Services by any Prohibited Person.
Authorized Users must monitor Your Solo Card activity and statements as required by applicable Solo Card Program Terms. Certain Services include additional permission levels and authorizations. If you use these Services, Authorized Users on your Solo Card will be able to authorize and assign Users these permission levels and authorizations.
- 2.3 Responsibility for Use
You are responsible and liable for any actions or failure to act on the part of Authorized Users, and those using the Solo Card issued to You to access Your Solo Card.
You are responsible for:
- Ensuring that Users are aware of and agree to abide by the terms of these Solo Card Program Terms, the applicable Solo Terms and all applicable law and Card Network rules in connection with their use of the Solo Card.
- Ensuring that Users are aware of, accept, and comply with these Solo Card Program Terms.
- Ensuring that Users use the Services only for valid, lawful business purposes and not for any personal, family, or household use.
- You are liable for any breach or violation by its Users of these Solo Card Program Terms or any of the agreements, terms, and policies incorporated by reference.
- You are responsible for ensuring that Authorized Users, Users, and any other persons affiliated with You communicate respectfully and will refrain from using any form of disrespectful, harassing, abusive, or hate speech with Solo team members. If Solo receives reports of any such behavior by representatives of your You towards our team, we may contact your Authorized User, suspend access to Your Solo Card and the Services, or close your Solo Card.
- 2.4 Spending Limits
We, or our third party service providers, including the Issuer, may set certain spending limits. Please review Solo Terms under Section 11 for further information.
- 2.5 Requesting and Replacing Solo Cards
Authorized Users may request Solo Cards for Users through the Services. Authorized Users may only request Solo Cards for and provide Solo Cards to individuals who are authorized to use Solo Cards on Your behalf.
Solo Cards may be denied or canceled due to changes in Issuer’s policies, as required by law, or for any other reasons we determine are appropriate under the circumstances. Solo Cards are issued as virtual cards (a Card issued without an associated physical card) and physical cards. By default, new Users will be issued either a virtual and/or a physical Card and will be able to view transactions and manage their Solo Cards through the Services.
You are responsible for securing Solo Cards, account numbers, and Solo Card security features (including the CVV, if any). You will promptly notify us and take appropriate measures to prevent unauthorized transactions when a Solo Card is lost, stolen, breached, or needs to be replaced. In such cases, Authorized Users may request the issuance of replacement Solo Cards by Issuers through the Services. Replacement Solo Cards may have new account numbers that could require You to update the Solo Card on file for any scheduled or recurring payments. If You do not update the Solo Card for scheduled or recurring payments, the transactions may not be completed. You are solely responsible for updating Solo Cards stored with merchants where account numbers have been changed.
- 2.6 Using Solo Cards
Users may only use Solo Cards for bona fide business-related Charges and transactions. You are responsible for selecting the individuals in Your organization who are authorized to use Solo Cards, and You are responsible for all Card transactions and activities. You agree to establish and maintain controls designed to ensure that the Solo Cards are only used by authorized Users for bona fide You business purposes and in compliance with the Solo Terms, these Solo Card Program Terms, the Stripe Card Terms, Card Network rules, and applicable law. You are responsible for Charges and transactions made by any person given access to Solo Cards even if they are not the person associated with or named on the Card.
Authorized Users of certain Programs may be permitted to withdraw cash using a physical Card when available, subject to eligibility requirements, restrictions, and limitations that we determine. PINs will be provided to any Authorized Users if You are approved to participate. Users other than Authorized Users are not permitted to withdraw cash using a Card. Any cash withdrawal is subject to the restrictions and limitations described in the relevant Program materials provided to You.
Solo, Issuers, Card Networks, or other intermediary third-party service providers (including merchant acquirers) may deny or reverse Charges for any reason. Solo is not responsible for any losses, damages, or harm caused by any Charges that are denied or reversed.
All Users are subject to the Solo Terms and all terms, agreements, and policies incorporated by reference, including these Solo Card Program Terms and Stripe Card Terms, and must comply with all of the User Terms. You are responsible for ensuring that Users read, understand and comply with their obligations with respect to use of the Solo Cards and the Services.
- 2.7 Disputing Charges
You are responsible for reviewing Your Periodic Statements promptly and identifying any Charges that You believe are unauthorized or that You dispute.
If You and a merchant have a dispute regarding a Charge identified on Your Periodic Statement, such as delivery of incorrect goods or services or being charged the wrong amount, You should first attempt to resolve the dispute with the merchant. If the dispute is not resolved to Your satisfaction or if You believe the Charge is unauthorized, You may initiate a Dispute through the Services.
You understand that the Solo Card Program is subject to Card Network rules regarding chargebacks. The Card Networks have established procedures for resolving Disputes that may require You to provide details of the disputed Charge or associated documentation.
Charges relating to disputed Charges and Disputes will be collected on the payment date if they are pending resolution as of the date that payment is due for the applicable Periodic Statement. Disputes resolved in Your favor will be credited to the Services on either the current or a future Periodic Statement. We may impose Fees, reduce Your spending limits, or suspend access to the Services or the Services if You fail to pay Charges relating to Disputes that are pending resolution on the payment date.
You understand that the Services is commercial in nature and that card-related consumer protection laws, including the Electronic Funds Transfer Act and Regulation E, do not apply to Disputes or other Card-related disputes.
- 2.8 Prohibited and Restricted Activities
Your Solo Card and the Services may not be (a) used for any purpose that is unlawful or prohibited by these Solo Card Program Terms, (b) used for any personal, family, or household use, (c) used for any transaction involving any Prohibited Activities, (d) provided to or used for any transaction involving an individual, organization, country, or jurisdiction that is blocked or sanctioned by the United States, including those identified on any lists maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) or the U.S. Department of State, (e) used by third parties unaffiliated with Company, or (f) used for any purpose not related to the business of Company.
We will not approve and may terminate Solo Cards that we know or believe are engaged in any Prohibited Activities or otherwise do not comply with these restrictions. Solo may limit Company’s use of certain Services or require that you provide additional information to open or maintain your Solo Card where Company is engaged Restricted Activities.
We may update the lists of Prohibited Activities or Restricted Activities at any time, and your continued use of the Services constitutes your acknowledgement of, and agreement to abide by, those updated lists. You agree to review these lists regularly and contact us with any questions you have about how these lists may apply to Company's business. You agree to pay all Fines assessed against Solo for your violation of the restrictions and requirements of this section or any use of the Services in connection with any Prohibited Activities or Restricted Activities.
- 3.1 Fees
We will disclose Fees to You when You are approved for a Card or through our website. We may update, add, or change Fees upon 30 days’ Notice. Fees we assess may include periodic fees, fees for Card issuance or replacement, fees applicable to certain transactions, foreign transaction fees, usage fees, service fees, cash advance fees, fees for late payments, fees for failed payments or returned payments, and fees for misuse of the Services. You are responsible for paying all Fees in addition to all Charges and Fines. We presently do not charge fees for use of the Solo Card.
- 3.2 Failure to Pay Amounts Owed
If You fail to pay the full amount owed on time, we may attempt to collect amounts owed from any linked account that is currently or was previously linked. We may collect partial payments for unpaid amounts from any linked account that is currently or was previously linked, but any partial payment is not a waiver of our rights and will not satisfy Your obligation to pay in full.
Any amounts owed may be set off, debited, or collected from amounts in any Solo Account that You hold jointly with a third party or open in the future even if Your original Solo Account has been closed. We may exercise this right against You, its affiliates, or any of their respective successors or assigns, or any assignees for the benefit of Your creditors, trustees, or receivers of Your assets. This right will exist even if we do not exercise it prior to the making, filing, or issuance of an arbitration demand, court order, or other action.
Any failure to pay the full amount owed to Solo when required is a breach of the Solo Terms and these Solo Card Program Terms. You are responsible for all costs or expenses that we or Issuers incur in the process of collecting amounts owed but not timely paid, including legal or collections fees, and You are responsible for paying interest on such amounts at the maximum rate permitted under law.
4. REPRESENTATIONS OF COMPANY
- 4.1 Eligibility
By submitting an Application for a Solo Card, the natural person submitting the application represents and warrants in an individual capacity and as an authorized representative of Company that:
- Company is a business entity that is organized, registered, and located in the United States.
- Company has a valid U.S. Employer Identification Number (EIN).
- Company is validly existing and in good standing in its jurisdiction of organization.
- Company is not engaged in any Prohibited Activities.
- The natural person who applies for a Solo Card on Company’s behalf is authorized to provide information about Company, submit the application on behalf of Company, enter into binding agreements on behalf of Company, and manage Company’s Solo Card.
- The natural person who applies for a Solo Card on Company’s behalf is not and is not affiliated with a Prohibited Person.
- All information you provide to us is and will be current, accurate, and complete.
- Company will use its Solo Card exclusively for business purposes and not for any personal, family, or household use.
- You have reviewed these Solo Card Program Terms and any additional terms, agreements, or policies incorporated by reference.
- 4.2 Required information
You must provide Data to apply for and maintain a Solo Card and any Services. Data may include registered business name, business address, ownership details, contact information including email and phone number, tax identification number, the nature of the business, financial information, and other business information that we may require or request from time to time.
You must provide certain Data related to the beneficial owners, control persons, or as reasonably requested by the Issuer. We may also require that you provide certain documentary information used to verify Data.
To help the government fight the funding of terrorism and money laundering activities, U.S. federal law requires that financial institutions obtain, verify, and record Data and Data identifying companies and their beneficial owners and control persons. You agree to provide the required information to open and maintain your Solo Card and agree to keep such information current. This information may be shared with third-party service providers for these purposes. You may be required to verify information previously provided or provide additional information in the course of applying for or receiving certain Services.
You acknowledge that you have obtained or will obtain appropriate consent and authorization of any person whose Personal Data you provide before sharing such data with Solo.
- 4.3 Verification and validation of information
We may approve or deny your application or grant you provisional access to the Services or your Solo Card while your application is pending additional review. We may deny your application, interrupt provision of the Services to you, or suspend or close your Solo Card where the information you provided is incomplete, inaccurate, or out of date.
- 4.4 Consent to electronic signature and communications
You agree that submitting your application for a Solo Card and indicating consent to these Solo Card Program Terms constitutes your electronic signature. You also agree that your electronic consent has and will have the same legal effect as a physical signature. You consent to us providing Notices and account statements to you electronically, and understand that this consent has the same legal effect as would a physical signature.
- 4.5 Supplemental agreements
In certain circumstances, including where we deem Company to present a high risk to Solo or where we are required by a Program Partner, we may require supplemental agreements between Solo and Company or parties affiliated with Company. The availability of specific Services to Company may be subject to these supplemental agreements. We may add or change the applicability of these requirements and the supplemental agreements at any time. Company or parties affiliated with Company (including affiliates or Control Persons) may be required to enter into such supplemental agreements in order to access or continue use of the Services. We may require Company to enter into a security agreement or provide a security interest in Company assets for certain Programs. Required supplemental agreements are provided separately from these Solo Card Program Terms.
- 5.1 Security
You will keep your Solo Card and any associated Credentials secure and only provide access to individuals that you have authorized to use the Services on your behalf. You will take all reasonable steps to safeguard the privacy, confidentiality, and security of User Credentials. You will closely and regularly monitor the activities of Users who access the Services, and you will use all reasonable means to protect Cards, checks, mobile devices, web browsers, and anything else used to access or utilize the Services.
You will ensure that each User has their own unique set of Credentials, keeps those Credentials secure, does not share those Credentials with any other person or third party, and does not reuse Credentials for other services.
You will not allow any unauthorized person to use the Services. You will immediately disable User access to the Services or limit permissions where you know or suspect your Solo Card has been compromised or may be misused or where you know or believe a User’s Credentials are compromised or lost; and you will promptly notify us of any unauthorized access or use of your Solo Card or the Services.
You are responsible for assessing the security requirements of your business and selecting and implementing Security Procedures appropriate to mitigate your exposure to potential security incidents. This responsibility includes selecting appropriate administrative, procedural, and technical controls that are appropriate to protect Company’s financial accounts.
Solo may provide or suggest that you implement certain Security Procedures in connection with your use of the Services. You understand that your responsibility for the security of your business is not diminished by any Security Procedures that we provide or suggest. You agree to review all of the Security Procedures we suggest and choose those that are appropriate to protect Company against unauthorized transactions. If you believe that the Security Procedures, we suggest are insufficient for Company then it is your sole responsibility to independently implement additional controls that meet Company’s needs.
We may update the Security Procedures at any time, and your continued use of the Services constitutes your agreement to the updated Security Procedures. You agree to review the Security Procedures regularly and contact us with any questions about the Security Procedures.
By using the Services, you represent that you have reviewed the Security Procedures and that those you have chosen are commercially reasonable for you to protect against unauthorized transactions. You assume all liability arising from disabling, opting out of, or failing to properly use Security Procedures made available to you or implemented at your discretion.
- 5.2 Transactions and Activities
Though we may provide Security Procedures, we cannot guarantee that you will not become a victim of fraud. You are solely responsible for all transactions initiated through the Services using Credentials and for all transactions initiated in your name that are authenticated using the Security Procedures you choose.
You will be bound by any transaction (including any transfer, instruction, or payment order we receive related to the Solo Card), even if it is not authorized, if the transaction is initiated under your Credentials or processed in accordance with your instructions.
We may help you resolve unauthorized transactions, but you acknowledge and understand that you are responsible for any financial loss caused by Authorized Users, Users, or other persons given access to the Services or your Solo Card, and any financial for loss due to compromised Credentials or due to any unauthorized use or modification of your Solo Card or the Services. Solo is not liable or responsible to you, and you waive any right to bring a claim against us, for any such losses.
We or the Issuer may suspend access to your Solo Card or the Services at any time and for any reason, in our sole and absolute discretion, without prior Notice. Some of the reasons we may suspend access to your Solo Card include: if we believe your Solo Card has been compromised; if we believe that not doing so may pose a risk to you, Solo, or any third parties; if Company Data or Personal Data is incomplete, inaccurate, or out of date; if we believe you have violated these Solo Card Program Terms or the law; or if we are required to do so by a Program Partner or by law.
- 5.3 Fees and Disclosures
We may assess Fees for some Programs or Services, including periodic fees, usage fees, service fees, and fees applicable to certain transactions. We may also assess Fees for late or failed payments, or misuse of your Solo Card or the Services. We will disclose Fees to you when opening your Solo Card, when you start using a new Service, or through our website. We may update, add, or change Fees upon 30 days' Notice to you.
Any accrued or incurred Fees will be reflected on your statements for the applicable Program and included in the amounts you owe Solo under such Program.
- 5.4 Credit Reporting
We may report Company payment history and performance to one or more credit reporting agencies.
Solo may determine when, how, and under what conditions you may qualify for, accrue, redeem and retain rewards, and Solo may modify these conditions with or without Notice to you. Certain Programs or Services may not be eligible for rewards. Rewards may be subject to caps, revocation, or forfeiture as set forth in the Rewards Terms. All rewards offered are subject to the Rewards Terms.
7. CHANGES TO THE SERVICES
We may add Programs or Services or modify existing Programs or Services at any time. Some of these Services will be subject to Additional Terms. You acknowledge and understand that in order to use certain Services, you must agree to the Additional Terms that we will provide separately from these Solo Card Program Terms, and which will be incorporated by reference and form a part of these Solo Card Program Terms.
8. UPDATES TO COMPANY INFORMATION
- 8.1 Providing information
You will keep Data and each User’s Data current, complete, and accurate through the Services at all times whether we provide you with full or provisional access.
At any time during the term of these Solo Card Program Terms and your use of the Services, we may require additional information from you, including Data (such as copies of government-issued identification, business licenses, or other information related to your business, and copies of government-issued personal identification and proof of address) to verify beneficial owners, validate information you provided, verify the identity of Authorized Users or Users, and Company’s financial condition and business risks.
- 8.2 Notification of corporate and business changes
Company must be duly organized and in good standing under the laws of its jurisdiction of organization throughout the term of these Solo Card Program Terms.
You will promptly notify us in writing if any of the following occur:
- The nature of your business changes significantly
- There is any change of Beneficial Owners or Control Persons
- There is any material change in the control or ownership of your business (whether direct or indirect) or you transfer or sell 25% or more of your total assets
- There is any planned or anticipated liquidation, or voluntary bankruptcy or insolvency proceeding
- You are the subject of an inquiry, proceeding, investigation, or enforcement action promulgated by any regulatory authority
- You are party to a litigation in which claims are asserted that would, if sustained in a legal proceeding or alternative dispute resolution forum, result in a material impact to Company’s financial condition
- You receive a judgment, writ or warrant of attachment or execution, lien, or levy against 25% or more of your total assets
- You begin engaging in any of the Prohibited Activities or Restricted Activities
9. GENERAL PROVISIONS
- 9.1 Limitation of Liability
Solo is not liable to you for consequential, indirect, special, exemplary, or punitive damages, lost profits, or lost revenue arising from or related to your use of or inability to use Solo Cards, lost profits or reputational harm, physical injury or property damage, or any other losses or harm arising from or related to these Solo Card Program Terms or any terms, agreements, or policies incorporated by reference, whether or not we were advised of their possibility by you or third parties. Our maximum liability to you under these Solo Card Program Terms and any terms, agreements, or policies incorporated by reference, is limited to the greater of the total amount of Fees actually paid by you to Solo in the three months preceding the event that is the basis of your claim or $1,000. These limitations apply regardless of the legal theory on which your claim is based.
- 9.2 Disclaimer of Warranties by Solo
THE SERVICES, SOLO CARD, AND BETA SERVICES ARE PROVIDED TO YOU AS IS AND AS AVAILABLE. SOLO DISCLAIMS ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES OF NON-INFRINGEMENT OF THE SERVICES, SOLO CARDS, AND BETA SERVICES. NOTHING IN THIS SOLO CARD PROGRAM TERMS WILL BE INTERPRETED TO CREATE OR IMPLY ANY SUCH WARRANTY TO YOU.
THIRD-PARTY SERVICES ARE NOT PROVIDED OR CONTROLLED BY SOLO. SOLO DOES NOT PROVIDE SUPPORT FOR AND DISCLAIMS ALL LIABILITY ARISING FROM FAILURES OR LOSSES CAUSED BY THIRD-PARTY SERVICES.
SOLO DISCLAIMS ALL WARRANTIES AND DOES NOT GUARANTEE THAT (A) SERVICES AND DATA PROVIDED UNDER THIS SOLO CARD PROGRAM TERMS ARE ACCURATE OR ERROR-FREE; (B) THE SERVICES WILL MEET YOUR SPECIFIC NEEDS OR REQUIREMENTS; (C) THE SERVICES WILL BE USABLE BY COMPANY, ADMINISTRATORS, OR USERS AT ANY PARTICULAR TIME OR LOCATION; (D) SPECIFIC MERCHANTS WILL PERMIT PURCHASES USING CARDS ISSUED BY AN ISSUER; (E) SERVICES WILL BE UNINTERRUPTED, SECURE, OR FREE FROM HACKING, VIRUSES, OR MALICIOUS CODE; AND (F) ANY DEFECTS IN THE SERVICES WILL BE CORRECTED, EVEN WHEN WE ARE ADVISED OF SUCH DEFECTS.
SOLO IS NOT LIABLE FOR AND DISCLAIMS LIABILITY FOR ANY DAMAGES, HARM OR LOSSES TO YOU ARISING FROM UNAUTHORIZED ACCESS OR USE OF YOUR SOLO ACCOUNT OR THE SERVICES OR YOUR FAILURE TO IMPLEMENT APPROPRIATE SECURITY PROCEDURES.
- 9.3 Indemnification
You agree to indemnify, defend, and hold harmless Solo and Issuer (including our respective affiliates, directors, employees, agents, and representatives), from and against all losses, liabilities, claims, demands, or expenses, including reasonable attorney’s fees, arising out of or related to: proceedings, suits, or actions brought by or initiated against Solo by any third party due to your breach or alleged breach of these Solo Card Program Terms, any terms, agreements, or policies incorporated by reference, or any other agreements with Solo; acts or omissions of Authorized Users, Users, or other Company employees or agents; Company’s actual or alleged infringement of a third party’s intellectual property rights; Company's use of third-party services; or disputes over Charges between Company and merchants.
10. THIRD PARTY AND PARTNERS TERMS
You are required to accept our partners' and third party terms and conditions as listed below: