These Four+ Terms of Use (the “Four+ Terms”) set forth the terms and conditions and other features of the Four+ subscription program (“Four+ Program”) offered by Four Technologies Inc. (the “Company,” we”, “us”, and “our”) to the person agreeing to these Four+ Terms in connection with subscribing to the Four+ Program (“you” and “your”).
The Four+ Program is offered to individuals that have agreed to that certain User Agreement applicable to use of the Four website, use of the services as described in the User Agreement, and access to account information and services through the website. By indicating your agreement to these Four+ Terms, you agree to be contractually bound by these Four+ Terms, which are hereby incorporated into, and made a part of, the User Agreement. Accordingly, any reference in these Four+ Terms or in the User Agreement to the “Agreement” shall be deemed to refer to the User Agreement and these Four+ Terms, and all references to the “Services” shall be deemed to include the Four+ Program, to the extent that your subscription to the Four+ Program is active. In addition, the Acceptable Use Policy, the Electronic Communications Delivery Policy, and the Four Privacy Policy shall apply to your participation in the Four+ Program.
In the event of a conflict between the User Agreement and these Four+ Terms, these Four+ Terms shall apply with respect to an aspect of the Four+ Program, and the User Agreement shall apply in all other circumstances.
The Company may unilaterally decide to change these Four+ Terms at any time, provided that any changes made during the middle of any Subscription (as defined below) term shall not apply to you until the beginning of your next Subscription term. If the Company makes any changes to these Four+ Terms that it deems to be material, the Company will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Four+ Terms posted on our website from time to time to see if it they have changed. Your decision to renew your Subscription (as defined below) after being informed of such changes and/or after such changes have been included in updated Four+ Terms posted on our website, as applicable, will constitute your consent to the changes.
Capitalized terms that are not otherwise defined in these Four+ Terms shall have the meaning ascribed to such terms in the Agreement.
1. The Four+ Program. The Four+ Program is a subscription program whereby you, by purchasing a subscription to the Four+ Program (“Subscription”), are entitled to receive certain benefits provided by the Company for the term of the Subscription. The benefits available to you under the Four+ Program (the “Four+ Program Benefits”) are set forth below, and we reserve the right to revise and update the Four+ Program Benefits from time to time in our sole discretion by updating these Four+ Terms in the manner described above. These Four+ Program Benefits may include but are not guaranteed to include, and may not be limited to, the following:
a. Access to Premium Retailers. As a Four+ Member (as defined below), you are given exclusive access to certain merchants, from which you will have the ability to purchase goods and services using Four’s buy now pay later services.
b. Priority Claim Support. Four+ Members are entitled to receive priority support with respect to customer service issues and claims.
c. Rewards Program. Four + Members will be enrolled in the Rewards Program that will offer certain rewards points subject to certain conditions. The Rewards Program shall be governed by the Four+ Rewards Program Terms and Conditions ("Rewards T&C's"), provided to all Four+ Members. For more information on the Rewards Program, you can refer to the Rewards Program T&C's.
2. Eligibility and Membership. The following terms control your eligibility to become, and your participation as, a Four+ Program Member:
a. Eligibility. The Four+ Program is a separate program offered by the Company, and you are not required to participate in any other services offered by the Company, including participating in any buy now pay later arrangement in order to purchase a subscription to the Four+ Program (any such subscriber, a “Four+ Program Member”). You agree to subscribe to be a Four+ Program Member only once. You must be the age of majority in your jurisdiction to subscribe. In order to subscribe, you are required to provide Company with certain information, which may include: your name, physical address, telephone number, email address, date of birth, Social Security number, and other personal information, as well as financial information such as your bank card number and/or bank account number (collectively, “Personal Information”). You agree to keep all Personal Information provided to us accurate and up-to-date, and you agree to update Company if any Personal Information changes. Your Personal Information shall be subject to our Privacy Policy. In addition, you must have and maintain an active means to pay on file with the Company. Upon completion of the subscription process and upon Company's receipt of the initial Subscription fee, you will become a Four+ Program Member for the Subscription Period (as defined below) and shall be eligible to receive the Four+ Program Benefits during the Subscription Period.
b. Subscription Period. The term of each Subscription shall be either one calendar month (“Monthly Period”) or one calendar year (“Annual Period”), beginning on the date you become a Four+ Program Member (respectively, your “Subscription Period”). Your Subscription Period being either a Monthly Period or Annual Period is determined based on your selection during the onboarding process when you subscribe to become a Four+ Program Member.
c. Subscription Fees. A separate Subscription fee shall be charged for each Subscription Period (each, a “Subscription Fee”) in advance of the commencement of the Subscription Period, using a debit card or bank account that may be debited or credited by Four as needed to pay any obligations related to the Four+ Program (each being a “Payment Method”), and in accordance with Section 11. Payment Authorization below herein. Subscription Fees shall be in the amount disclosed to you in the onboarding process when you subscribe to become a Four+ Program Member, per such Subscription Period. Notwithstanding the foregoing, we may offer certain promotional Subscriptions with promotional Subscription Fees for Subscription Periods that may be less than the amount disclosed to you in the onboarding process.
d. Subscription Renewal and Termination. Your monthly Subscription will renew automatically for successive Subscription Periods upon the expiration of the then-current Subscription Period, unless either you or the Company provides notice to the other party at least 5 days prior to the end of the then-current Subscription Period. If such notice of non-renewal is provided, then your Subscription will expire at the end of Subscription Period. If neither party provides written notice of non-renewal, and your Subscription is not terminated in accordance with Section 2.d. below, then your Subscription will automatically renew for an additional Subscription Period.
e. Subscription Termination.
f. Denial of Membership and Additional Termination Rights. IN ADDITION TO THE RESTRICTIONS ENUMERATED IN THESE FOUR+ TERM AND SUBJECT TO APPLICABLE LAW, COMPANY MAY TERMINATE YOUR SUBSCRIPTION AT ANY TIME, WITH OR WITHOUT CAUSE, UPON SENDING YOU A NOTICE. Your Subscription is a privilege. Company has the right, in its sole discretion, to deny any application for a Subscription for any reason.. Company has the right, in its sole discretion, to terminate any Subscription for any reason. Notwithstanding the foregoing, reasons for the Company to terminate your Subscription may include, but are not limited to: fraud; misrepresentation; failure to abide by the terms of the Subscription; conduct deemed inappropriate or harmful to the Four+ Program or Company; determinations made by Company that a Subscription, or a relationship between you and the Company are no longer acceptable or appropriate; or for any other reason, with or without cause. If the Company terminates your Subscription without cause, Company will refund you, on a pro rata basis, based on the remaining number of days in the Subscription. Except as set forth in the immediately preceding sentence, you will not be entitled to any refund of your Subscription Fee for any early termination of your Subscription Period.
g. Effect of Termination. nce your Subscription has expired or has been terminated, you will no longer be entitled to receive the Four+ Program Benefits unless and until you once again subscribe and become a Four+ Program Member. Notwithstanding the termination or expiration of your Subscription, you will remain responsible to the Company for any fees payable to the Company or other liability to the Company. The termination or expiration of your Subscription shall have no affect on other services provided to you by the Company, including any existing buy now pay later arrangements between you and the Company.
g. Survival. If your Subscription expires or is terminated, all of these Four+ Terms shall survive termination unless expressly stated otherwise.
3. Use of Your Subscription. Your Subscription is personal to you, and you may not use or permit others to use your Subscription or receive the Four+ Program Benefits provided to you by virtue of your Subscription. Without limiting the foregoing, you shall not, and shall not permit anyone else to: (a) access or use any login credentials or other information that we provide to you to enable you to access your Subscription or receive the Four+ Program Benefits; or (b) rent, lease, sell, offer to sell, distribute or otherwise transfer your Subscription or access to the Four+ Program Benefits. You agree that Company reserves the right to deny, refuse to provide, suspend, or terminate your Subscription and/or receipt of the Four+ Program Benefits if we believe that you are not complying with these Four+ Terms, including this Section 3.
4. NO WARRANTIES. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU WITH RESPECT TO THE SUBSCRIPTION OR THE FOUR+ MEMBER BENEFITS, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGES AND AGREES THAT ANY SYSTEMS OR SOFTWARE USED TO PROVIDE THE SUBSCRIPTION AND THE FOUR+ MEMBER BENEFITS ARE PROVIDED "AS IS" AND "AS AVAILABLE."
5. Liability, Limitations of Liability, and Handling of Disputes. For the avoidance of doubt, Section 14 (Liability), Section 15 (Limitation of Liability), Section 18 (Disputes with Company), and Section 19 (AGREEMENT TO ARBITRATE) of the User Agreement shall apply to these Four+ Terms and your participation in the Four+ Program. Notwithstanding the foregoing, this section does not preclude any provision of the User Agreement not listed herein from being incorporated into these Four+ Terms.
6. Intellectual Property. Company shall retain all right, title and interest (including all copyright, trademark, service mark, patent, trade secrets and all other intellectual property rights) in the Four+ Program, as well as any designs, logos, URLs, and trade names that are used in connection with the Four+ Program.
7. Governing Law. These Four+ Terms will be governed by federal law and the laws of the state of Delaware, without regard to principles of conflict of laws.
8. Assignment. Company may, without notice to you, assign all of its right, title and interest in these Four+ Terms to another entity without your consent and without notice to you. You may not assign, transfer, sublicense or otherwise delegate your rights or obligations under these Four+ Terms to any other person without Company's prior written consent, and any attempted assignment, transfer, sublicense or delegation shall be null and void.
9. Entire Agreement. These Four+ Terms, together with the User Agreement to which these Four+ Terms are incorporated: (a) govern your participation in the Four+ Program and your Subscription and constitutes the entire agreement between Company and you with respect to the subject matter hereof; and (b) supersede any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and Company regarding the subject matter contained in these Four+ Terms. Additional terms and conditions may apply with respect to arrangements between you and Company separate from the Four+ Program.
10. Severability. If any provision of these Four+ Terms is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
11. Payment Authorization. As part of your participation in the Four+ Program, you authorize Four to electronically debit and credit your Payment Method as part of any payments under the Four+ Program, as well as to correct erroneous debits and credits. You acknowledge that, as applicable, the electronic authorization contained in this Section represents your written authorization for automated clearinghouse (“ACH”) and debit card transactions as provided herein and will remain in full force and effect until you notify Four that you wish to revoke this authorization by emailing support@paywithfour.com. You must notify Four at least five (5) business days before the scheduled debit date in order to cancel this authorization. When you call or email, please include the name and telephone number associated with your Four+ Subscription account. Failure to provide correct and complete information may make it impossible for Four to stop withdrawal of the preauthorized transaction. You agree to indemnify and hold Four harmless from and against any loss incurred as a result of its withdrawal of a preauthorized debit transaction from your Payment Method if any of the information relied upon in your request to stop payment is incorrect or incomplete. If you have followed the instructions in this section to notify Four of your desire to revoke your authorization at least three (3) business days before the scheduled debit date, Four will be liable for your losses or damages directly caused by our failure to stop any preauthorized transaction. If we do not receive notice at least three (3) business days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the transaction. However, we assume no responsibility for our failure to do so. You warrant and represent to Four that you have the right to authorize us to charge and credit your Payment Method for payments due to us under this Agreement. If you have a joint Payment Method, you represent and warrant that you have the authority to (a) bind the absent account holder; and (b) enter into this Agreement independently. You agree to indemnify and hold Four harmless from any claims by any other owner of the Payment Method. You represent that you are capable of saving or otherwise storing a copy of this electronic authorization for your records, and the credit and debit transactions you request comply with applicable law.