Terms of Use

1. These terms of use govern the SwatchPAY! App (hereinafter “APP”). Your downloading, installing, or using the App indicates that you accept them and agree to abide by them. If you do not agree with these terms of use, do not download, install, or use the App.

2. The APP is owned by Swatch Ltd., with its registered office at Nicolas G. Hayek Strasse 1, 2502 Biel/Bienne, Switzerland (hereinafter “Swatch”). It is in no way associated with, sponsored, or endorsed by any platform operator, including but not limited to Apple or Google. We grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal non-commercial purposes. You may only use the App on a device that you own or control and as permitted by the respective store’s Terms of services.

3. We reserve the right to amend these terms of use at any time. We will notify you of any changes via an APP notification or via email. Continued use of the application after notification of amendments means acceptance of the thus amended terms of use.

4. The APP provides user interface and respective functionality on the mobile device of the SwatchPAY! watch owner in order to manage the payment card tokenization on the wearable item.

5. You agree to comply with any instructions for the use of the APP made available by us.

6. Provision of the APP does not include any devices or other equipment required for its use. To use the APP, you will require a SwatchPAY! watch, a mobile device meeting the technical requirements as specified on Swatch’s website (www.swatch.com), and Internet connectivity. To the greatest extent permitted by law, we will not be liable for any telephone, Internet, or other costs you may incur in connection with your use of the APP.

7. We do not guarantee uninterrupted, timely or faultless access to the APP. This access can be temporarily or permanently suspended or withdrawn at any time; in case of a permanent suspension or withdrawal, you shall be notified via an APP notification or via email.

8. We do not warrant that the APP will be compatible with all hardware and software that you may use.

9. We do not guarantee that the data or materials coming from you or third parties (e.g. from your payment card issuer) available in the APP are correct, accurate, complete, current or tailored to the given purpose. We shall not be liable in this matter to the maximum extent permitted by law.

10. You agree not to reproduce, duplicate, copy, or sell the APP or any part thereof without our prior written approval.

11. You agree not to damage, interfere with, or disrupt any part of the APP or any equipment or network on which it is stored.

12. You agree not to use the APP in a way that (i) violates any applicable laws, regulations, etc.; (ii) infringes the rights of any third parties; or (iii) is otherwise unlawful, illegal, or prohibited.

13. You agree not to extract, change, re-code or re-engineer the APP or any of its underlying technology, including but not limited to the source code. You agree not to access the APP by any other means than by what the App is designed to be accessed with. You agree not to tamper with the achievements or the rankings of the APP.

14. You agree not to use the data or materials available on the APP for any commercial purposes without our prior written approval.

15. You also assume sole responsibility from your use of the APP payment system.

16. You must agree with the terms and conditions of your payment card issuer in order to generate a token which will be stored on the payment chip of your SwatchPAY! watch. Swatch is not your contracting party with respect to your payment card. Swatch shall in other words not be liable for any payment card added to the system or for the identification and verification process between you and your payment card issuer. Your payment card issuer is entitled to suspend a particular tokenized card and solely decides if and when your payment card is eligible into the APP payment system.

17. Swatch takes the security of your payment information seriously. No information related to a payment card is stored on the SwatchPAY! watch, nor transferred to the merchant when a purchase is made. Swatch does not collect any data related to any transaction concluded through the wearable item. Swatch only collects a minimum amount of data related to the card added to the App as necessary to enable the underlying payment services. Only the Token Card ID and associated meta data (such as card type) are stored locally by the APP on your phone. Transactions information resulting from the use of the SwatchPAY! watch is only transmitted to the merchant, bank and/or card issuer. If your card issuer allows to display the last transactions, these are displayed in real time from the token service provider gateway and are stored neither by Swatch nor locally on your phone. See our privacy policy for more information about which personal data are transmitted and/or stored when using the App and your SwatchPAY! watch. Swatch is not informed of payment transactions made using your SwatchPAY! watch.

18. You agree and accept that Swatch has the right to disconnect or disable your account on the APP should Swatch have reason to believe that you have not complied with these terms of use or for any security issue. We will notify you of this via an APP notification or via email.

19. We are the exclusive owners of any intellectual property rights in the APP. No such rights are granted, assigned, or transferred to you under these terms of use.

20. To the greatest extent permitted by law, we and our affiliates exclude all liabilities, claims, damages, losses, and expenses incurred by you as a result of or in connection with your downloading, installing, or using the APP or not being able to do so.

21. You agree to indemnify and hold us harmless from all liabilities, claims, damages, losses, and expenses incurred by us or our affiliates as a result of your breach of these terms of use.

22. These terms of use are governed by and will be construed in accordance with the laws of Switzerland, without regard to any conflict-of-law rules. Any claims, disputes, etc. arising out of or in connection with them or the APP will be subject to the exclusive jurisdiction of the courts of Biel/Bienne, Switzerland.

23. If you have any questions about the APP or these terms of use, please contact us using the form available in the APP or at www.swatch.com. For any such interaction, the privacy notice and terms of use for the respective country’s website applies. We may inform you of releases of new models SwatchPAY! watches within the APP.

24. Our APP operates with SwatchPAY! watches containing a chip with a contactless payment function (via NFC – Near Field Communication) with the same level of security as your payment card. The codes added to the watch will be written into the secure element of the chip.

25. The SwatchPAY! Box is only used to activate your card and help you to remove the payment information from the watch when needed; it will not store card details or any other personal information.

26. Carry out the activation process alone to minimize risk. If you have any problems during the activation process, ask Swatch for assistance. If you are activating a SwatchPAY! watch, ask the shop employee for assistance, but do not ask him to do the activation for you and do not provide him with your payment card information or other personal information.

27. Please add only your own payment card to the APP.

28. Swatch and the seller of your SwatchPAY! watch are not responsible for any payment and/or transaction dispute arising from the use of the payment function of the watch. Please contact your bank and related merchants directly to settle any disputed charges.